Z-1136               _______________________________________________

                                                   HOUSE BILL NO. 1720

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                                                                            C 097 L 86

State of Washington                              49th Legislature                              1986 Regular Session

By Representatives Wang, Cole and Patrick

Read first time 1/22/86 and referred to Committee on Commerce & Labor.

AN ACT Relating to boilers and unfired pressure vessels; amending RCW 70.79.080 and 70.79.320; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 8, chapter 32, Laws of 1951 and RCW 70.79.080 are each amended to read as follows:

          This chapter shall not apply to the following boilers, unfired pressure vessels and domestic hot water tanks:

          (1) Boilers and unfired pressure vessels under federal regulation or operated by any railroad subject to the provisions of the interstate commerce act;

          (2) Unfired pressure vessels meeting the requirements of the interstate commerce commission for shipment of liquids or gases under pressure;

          (3) Air tanks located on vehicles operating under the rules of other state authorities and used for carrying passengers, or freight;

          (4) Air tanks installed on the right of way of railroads and used directly in the operation of trains;

          (5) Unfired pressure vessels having a volume of five cubic feet or less when not located in places of public assembly;

          (6) Unfired pressure vessels designed for a pressure not exceeding fifteen pounds per square inch gauge when not located in place of public assembly;

          (7) Tanks used in connection with heating water for domestic and/or residential purposes;

          (8) Boilers and unfired pressure vessels in cities having ordinances which are enforced and which have requirements equal to or higher than those provided for under this chapter, covering the installation, operation, maintenance and inspection of boilers and unfired pressure vessels;

(9) Tanks containing water with no air cushion and no direct source of energy that operate at ambient temperature.

        Sec. 2.  Section 31, chapter 32, Laws of 1951 and RCW 70.79.320 are each amended to read as follows:

          ((After twelve months following the date on which this chapter becomes effective,)) (1) It shall be unlawful for any person, firm, partnership, or corporation to operate under pressure in this state a boiler or unfired pressure vessel, to which this chapter applies, without a valid inspection certificate as provided for in this chapter.  ((The operation of a boiler or unfired pressure vessel without such inspection certificate, or at a pressure exceeding that specified in such inspection certificate, shall constitute a misdemeanor on the part of the owner, user, or operator thereof.  Each day of such unlawful operation shall be deemed a separate offense.))

(2) The department may assess a penalty against a person violating a provision of this chapter.  The penalty shall be not more than five hundred dollars.  Each day that the violation continues is a separate violation and is subject to a separate penalty.

(3) The department may not assess a penalty until it adopts rules describing the method it will use to calculate penalties for various violations.

(4) The department shall notify the violator of its action, and the reasons for its action, in writing.  The department shall send the notice by certified mail to the violator that a hearing may be requested under RCW 70.79.360.  The hearing shall not stay the effect of the penalty.           Passed the House February 16, 1986.

Speaker of the House.

Passed the Senate March 6, 1986.

President of the Senate.