WSR 05-08-109

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES
(Board of Boiler Rules)

[ Filed April 5, 2005, 12:08 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-05-068.

Title of Rule and Other Identifying Information: General fee increase for the Board of Boiler Rules, WAC 296-104-700 What are the inspection fees -- Examination fees -- Certificate fees -- Expenses?

Hearing Location(s): Department of Labor and Industries, 950 Broadway, Suite 200, Tacoma, WA, on May 18, 2005, at 9:00 a.m.

Date of Intended Adoption: May 24, 2005.

Submit Written Comments to: Sally Elliott, Specialty Compliance Services Division, P.O. Box 44400, Olympia, WA 98504-4400, e-mail yous235@lni.wa.gov, fax (360) 902-5292, by May 18, 2005.

Assistance for Persons with Disabilities: Contact Sally Elliott by May 1, 2005, at (360) 902-6411 or yous235@lni.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The Board of Boiler Rules is proposing a 3.03% (rounded down to the nearest tenth of a dollar) general fee increase. The 3.03% rate is the Office of Financial Management's maximum allowable fiscal growth rate factor for fiscal year 2005. The general fee increase is necessary to help offset inflation and to maintain the financial health and operational effectiveness of the program.

Reasons Supporting Proposal: The general fee increase is necessary to help offset inflation and to maintain the financial health and operational effectiveness of the program.

Statutory Authority for Adoption: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, and 70.79.350.

Statute Being Implemented: Chapter 70.79 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Board of Boiler Rules, governmental.

Name of Agency Personnel Responsible for Drafting: Board of Boiler Rules, Tumwater, Washington, (360) 902-5270; Implementation and Enforcement: Robb Marvin, Tumwater, Washington, (360) 902-5270.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement was not prepared because of the exemption under RCW 34.05.328 (5)(b)(vi), since the changes in this rule making set or adjust fees.

A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis was not prepared because of the exemption under RCW 34.05.328 (5)(b)(vi), since the changes in this rule making set or adjust fees.

April 5, 2005

Craig Hopkins, Chair

Board of Boiler Rules

OTS-7828.1


AMENDATORY SECTION(Amending WSR 04-21-069, filed 10/19/04, effective 1/1/05)

WAC 296-104-700   What are the inspection fees -- Examination fees -- Certificate fees -- Expenses?   The following fees shall be paid by, or on behalf of, the owner or user upon the completion of the inspection. The inspection fees apply to inspections made by inspectors employed by the state.


Heating boilers:
Internal External
Cast iron -- All sizes $((30.30)) 31.20 $((24.20)) 24.90
All other boilers less than 500 sq. ft. $((36.50)) 37.60 $((24.20)) 24.90
500 sq. ft. to 2500 sq. ft. $((60.80)) 62.00 $((30.30)) 31.20
Each additional 2500 sq. ft.

of total heating surface,

or any portion thereof

$((24.20)) 24.90

$((12.00)) 12.30

Power boilers: Internal External
Less than 100 sq. ft. $((30.30)) 31.20 $((24.20)) 24.90
100 sq. ft. to less than

500 sq. ft.

$((36.50)) 37.60

$((24.20)) 24.90

500 sq. ft. to 2500 sq. ft. $((60.80)) 62.00 $((30.30)) 31.20
Each additional 2500 sq. ft. of total heating surface, or any portion thereof

$((24.20)) 24.90

$((12.00)) 12.30

Pressure vessels:
Automatic utility hot water supply heaters per RCW 70.79.090

$((5.80))

5.90

All other pressure vessels:
Square feet shall be determined by multiplying the length of the shell by its diameter.
Internal External
Less than 15 sq. ft. $((24.20)) 24.90 $((18.10)) 18.60
15 sq. ft. to less than 50 sq. ft. $((36.50)) 37.00 $((18.10)) 18.60
50 sq. ft. to 100 sq. ft. $((42.50)) 43.00 $((24.20)) 24.90
For each additional 100 sq. ft. or any portion thereof

$((42.50)) 43.00

$((12.00)) 12.30


Certificate of inspection fees: For objects inspected, the certificate of inspection fee is $((18.10)) 18.60 per object.
Boiler and pressure vessel installation/reinstallation permit (excludes inspection and certificate of inspection fee) $50.00

Nonnuclear shop inspections, field construction inspections, and special inspection services:

For each hour or part of an hour up to 8 hours
$((36.50))

37.60

For each hour or part of an hour in excess of 8 hours $((54.60))

56.20


Nuclear shop inspections, nuclear field construction inspections, and nuclear triennial shop survey and audit:
For each hour or part of an hour up to 8 hours $((54.60))

56.20

For each hour or part of an hour in excess of 8 hours $((85.20))

88.20


Nonnuclear triennial shop survey and audit:

When state is authorized inspection agency:
For each hour or part of an hour up to 8 hours $((36.50))

37.60

For each hour or part of an hour in excess of 8 hours $((54.60))

56.20

When insurance company is authorized inspection agency:
For each hour or part of an hour up to 8 hours $((54.60))

56.20

For each hour or part of an hour in excess of 8 hours $((85.20))

87.70


Examination fee: A fee of $((67.40)) 69.40 will be charged for each applicant sitting for an inspection examination(s).


Special inspector commission: An initial fee of $25 and an annual renewal fee of $10 along with an annual work card fee of $15.


Expenses shall include:

Travel time and mileage: The department shall charge for its inspectors' travel time from their offices to the inspection sites and return. The travel time shall be charged for at the same rate as that for the inspection, audit, or survey. The department shall also charge the current Washington office of financial management accepted mileage cost fees or the actual cost of purchased transportation. Hotel and meals: Actual cost not to exceed the office of financial management approved rate.


Washington state specials: For each vessel to be considered by the board for a Washington state special certificate, a fee of $((338.00)) 348.20 must be paid to the department before the board meets to consider the vessel. The board may, at its discretion, prorate the fee when a number of vessels that are essentially the same are to be considered.

[Statutory Authority: Chapter 70.79 RCW. 04-21-069, 296-104-700, filed 10/19/04, effective 1/1/05; 04-13-044, 296-104-700, filed 6/10/04, effective 6/30/04. Statutory Authority: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, 70.79.350, and chapter 70.79 RCW. 04-01-194, 296-104-700, filed 12/24/03, effective 1/24/04; 03-12-051, 296-104-700, filed 5/30/03, effective 6/30/03; 02-23-036, 296-104-700, filed 11/13/02, effective 12/14/02; 02-12-021, 296-104-700, filed 5/28/02, effective 6/28/02; 01-24-061, 296-104-700, filed 11/30/01, effective 12/31/01; 01-12-034, 296-104-700, filed 5/29/01, effective 6/29/01. Statutory Authority: RCW 70.79.030, 70.79.040 and chapter 70.79 RCW. 00-21-024, 296-104-700, filed 10/10/00, effective 11/13/00. Statutory Authority: RCW 70.79.030 and 70.79.040. 99-08-049, 296-104-700, filed 4/1/99, effective 5/2/99; 98-09-064, 296-104-700, filed 4/20/98, effective 5/21/98. Statutory Authority: RCW 70.79.040. 93-12-014, 296-104-700, filed 5/21/93, effective 6/21/93. Statutory Authority: RCW 70.79.030 and 70.79.330. 84-21-012 (Order 84-20), 296-104-700, filed 10/5/84; 84-11-016 (Order 84-09), 296-104-700, filed 5/10/84; 82-24-025 (Order 82-36), 296-104-700, filed 11/23/82, effective 1/1/83; Order 77-23, 296-104-700, filed 11/8/77; Emergency Order 77-22, 296-104-700, filed 11/8/77.]

Washington State Code Reviser's Office