WSR 99-22-026

PERMANENT RULES

DEPARTMENT OF

LABOR AND INDUSTRIES
(Board of Boiler Rules)

[ Filed October 26, 1999, 8:29 a.m. ]

Date of Adoption: September 21, 1999.

Purpose: To comply with actions taken by the Board of Boiler Rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 296-104-002 and 296-104-107; and amending WAC 296-104-001, 296-104-010, 296-104-015, 296-104-018, 296-104-020, 296-104-025, 296-104-030, 296-104-035, 296-104-040, 296-104-045, 296-104-050, 296-104-055, 296-104-060, 296-104-065, 296-104-100, 296-104-102, 296-104-105, 296-104-110, 296-104-115, 296-104-125, 296-104-130, 296-104-135, 296-104-140, 296-104-145, 296-104-150, 296-104-151, 296-104-155, 296-104-160, 296-104-165, 296-104-170, and 296-104-502.

Statutory Authority for Adoption: RCW 70.79.030 and 70.79.040.

Adopted under notice filed as WSR 99-17-028 on August 11, 1999.

Changes Other than Editing from Proposed to Adopted Version: Definition in WAC 296-204-010 was deleted in error. Definition of "water heater" was put back in original form.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 31, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 33, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 33, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

October 26, 1999

Frank Sanchez, Chair

Board of Boiler Rules

OTS-3186.4


AMENDATORY SECTION(Amending Promulgation, filed 3/23/60)

WAC 296-104-001
((Promulgation.)) Administration--To what do these rules apply?

The following rules and regulations apply to all boilers and unfired pressure vessels except those exempt under ((section 8, chapter 32, Laws of 1951 ())RCW 70.79.080(())).  Boilers and unfired pressure vessels listed under ((section 9, chapter 32, Laws of 1951 ())RCW 70.79.090(())) are exempt from inspection and fees, but shall comply with all rules for construction, installation, repairs and general requirements.

((The following rules and regulations were formulated in accordance with the law and are hereby promulgated.

Date: December 18, 1958.))

[Promulgation, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 98-22-024, filed 10/28/98, effective 11/28/98)

WAC 296-104-010
((Definitions.)) Administration--What are the definitions of terms used in this chapter?

"Agriculture purposes" shall mean any act performed on a farm in production of crops or livestock, and shall include the storage of such crops and livestock in their natural state, but shall not be construed to include the processing or sale of crops or livestock.

"API-510" shall mean the Pressure Vessel Inspection Code of the American Petroleum Institute with addenda and revisions, thereto made and approved by the institute which have been adopted by the board of boiler rules in accordance with the provisions of RCW 70.79.030.

"ASME Code" shall mean the boiler and pressure vessel code of the American Society of Mechanical Engineers with amendments thereto made and approved by the council of the society which have been adopted by the board of boiler rules in accordance with the provisions of RCW 70.79.030.

"Attendant" shall mean the person in charge of the operation of a boiler or unfired pressure vessel.

"Automatic operation of a boiler" shall mean unattended control of feed water and fuel in order to maintain the pressure and temperature within the limits set.  Controls must be such that the operation follows the demand without interruption.  Manual restart may be required when the burner is off because of low water, flame failure, power failure, high temperatures or pressures.

"Board of boiler rules" or "board" shall mean the board created by law and empowered under RCW 70.79.010.

"Boilers and/or pressure vessels" - below are definitions for types of boilers and pressure vessels used in these regulations:

"Condemned boiler or unfired pressure vessel" shall mean a boiler or unfired pressure vessel that has been inspected and declared unsafe or disqualified by legal requirements by an inspector who has applied a stamping or marking designating its condemnation.
"Low pressure heating boiler" shall mean a steam or vapor boiler operating at a pressure not exceeding 15 psig or a boiler in which water or other fluid is heated and intended for operation at pressures not exceeding 160 psig or temperatures not exceeding 250 degrees F by the direct application of energy from the combustion of fuels or from electricity, solar or nuclear energy including lined potable water heaters.
"Nonstandard boiler or unfired pressure vessel" shall mean a boiler or unfired pressure vessel that does not bear marking of the codes adopted in WAC 296-104-200.
"Power boiler" shall mean a boiler in which steam or other vapor is generated at a pressure of more than 15 psig for use external to itself or a boiler in which water or other fluid is heated and intended for operation at pressures in excess of 160 psig and/or temperatures in excess of 250 degrees F by the direct application of energy from the combustion of fuels or from electricity, solar or nuclear energy.
"Reinstalled boiler or unfired pressure vessel" shall mean a boiler or unfired pressure vessel removed from its original setting and reset at the same location or at a new location without change of ownership.
"Rental boiler" shall mean any power or low pressure heating boiler that is under a rental contract between owner and user.
"Second hand boiler or unfired pressure vessel" shall mean a boiler or unfired pressure vessel of which both the location and ownership have changed after primary use.
"Standard boiler or unfired pressure vessel" shall mean a boiler or unfired pressure vessel which bears the marking of the codes adopted in WAC 296-104-200.
"Unfired pressure vessel" shall mean a closed vessel under pressure excluding:
* Fired process tubular heaters;
* Pressure containers which are integral parts of components of rotating or reciprocating mechanical devices where the primary design considerations and/or stresses are derived from the functional requirements of the device;
* Piping whose primary function is to transport fluids from one location to another;
* Those vessels defined as low pressure heating boilers or power boilers.
"Unfired steam boiler" shall mean a pressure vessel in which steam is generated by an indirect application of heat. It shall not include pressure vessels known as evaporators, heat exchangers, or vessels in which steam is generated by the use of heat resulting from the operation of a processing system containing a number of pressure vessels, such as used in the manufacture of chemical and petroleum products, which will be classed as unfired pressure vessels.
"Certificate of competency" shall mean a certificate issued by the state board of boiler rules to a person who has passed an examination prescribed by the board of boiler rules.

(("Chief inspector" shall mean the inspector appointed under RCW 70.79.100.))

"Commission" shall mean an annual state commission/commission card issued to a person in the employ of the state, an insurance company or a company owner/user inspection agency holding a certificate of competency which authorizes them to perform inspections of boilers and/or unfired pressure vessels.

(("Condemned boiler or unfired pressure vessel" shall mean a boiler or unfired pressure vessel that has been inspected and declared unsafe or disqualified by legal requirements by an inspector who has applied a stamping or marking designating its condemnation.))

"Department" as used herein shall mean the department of labor and industries of the state of Washington.

(("Deputy inspector" shall mean an inspector appointed under RCW 70.79.120.))

"Director" shall mean the director of the department of labor and industries.

"Domestic and/or residential purposes" shall mean serving a private residence or an apartment house of less than six families.

"Existing installations" shall mean any boiler or unfired pressure vessel constructed, installed, placed in operation, or contracted for before January 1, 1952.

"External inspection" shall mean an inspection made while a boiler or unfired pressure vessel is in operation and includes the inspection and demonstration of controls and safety devices required by these rules.

"Hot water heater" shall mean a closed vessel designed to supply hot water for external use to the system. All vessels must be listed by a nationally recognized testing agency and shall not exceed any of the following limits:

(a) Pressure of 160 psi (1100 kpa);

(b) Temperature of 210 degrees F (99 C);

(c) Capacity of 120 U.S. gallon (454 liters);

(d) Input of 200,000 BTU/hr (58.58 kw).

Each vessel shall be protected with an approved temperature and pressure safety relief valve.

"Inspector" shall mean the chief boiler inspector, a deputy inspector, or a special inspector.

"Chief inspector" shall mean the inspector appointed under RCW 70.79.100 who serves as the secretary to the board without a vote.
"Deputy inspector" shall mean an inspector appointed under RCW 70.79.120.
"Special inspector" shall mean an inspector holding a Washington commission identified under RCW 70.79.130.
"Internal inspection" shall mean an inspection made when a boiler or unfired pressure vessel is shut down and handholes, manholes, or other inspection openings are open or removed for examination of the interior.  An external ultrasonic examination of unfired pressure vessels 36" inside diameter and under, shall constitute an internal inspection.

(("Low pressure heating boiler" shall mean a steam or vapor boiler operating at a pressure not exceeding 15 psig or a boiler in which water or other fluid is heated and intended for operation at pressures not exceeding 160 psig or temperatures not exceeding 250 degrees F by the direct application of energy from the combustion of fuels or from electricity, solar or nuclear energy including lined potable water heaters.))

"Nationwide engineering standard" shall mean a nationally accepted design method, formulae and practice acceptable to the board.

"NBIC" shall mean the National Board Inspection Code of the National Board of Boiler and Pressure Vessel Inspectors with addenda and revisions, thereto made and approved by the National Board of Boiler and Pressure Vessel Inspectors and adopted by the board of boiler rules in accordance with the provisions of RCW 70.79.030.

(("Nonstandard boiler or unfired pressure vessel" shall mean a boiler or unfired pressure vessel that does not bear marking of the codes adopted in WAC 296-104-200.))

"Owner" or "user" shall mean a person, firm, or corporation owning or operating any boiler or unfired pressure vessel within the state.

"Owner/user inspection agency" shall mean an owner or user of pressure vessels that maintains an established inspection department, whose organization and inspection procedures meet the requirements of a nationally recognized standard acceptable to the department.

"Place of public assembly" or "assembly hall" shall mean a building or portion of a building used for the gathering together of 50 or more persons for such purposes as deliberation, education, instruction, worship, entertainment, amusement, drinking, or dining or waiting transportation.  This shall also include child care centers (those agencies which operate for the care of thirteen or more children), public and private hospitals, nursing and boarding homes.

(("Power boiler" shall mean a boiler in which steam or other vapor is generated at a pressure of more than 15 psig for use external to itself or a boiler in which water or other fluid is heated and intended for operation at pressures in excess of 160 psig and/or temperatures in excess of 250 degrees F by the direct application of energy from the combustion of fuels or from electricity, solar or nuclear energy.

"Reinstalled boiler or unfired pressure vessel" shall mean a boiler or unfired pressure vessel removed from its original setting and reset at the same location or at a new location without change of ownership.

"Rental boiler" shall mean any power or low pressure heating boiler that is under a rental contract between owner and user.

"Second hand boiler or unfired pressure vessel" shall mean a boiler or unfired pressure vessel of which both the location and ownership have changed after primary use.))

"Special design" shall mean a design using nationwide engineering standards other than the codes adopted in WAC 296-104-200 or other than allowed in WAC 296-104-230.

(("Special inspector" shall mean an inspector holding a Washington commission identified under RCW 70.79.130.

"Standard boiler or unfired pressure vessel" shall mean a boiler or unfired pressure vessel which bears the marking of the codes adopted in WAC 296-104-200.

"Unfired pressure vessel" shall mean a closed vessel under pressure excluding:

(a) Fired process tubular heaters;

(b) Pressure containers which are integral parts of components of rotating or reciprocating mechanical devices where the primary design considerations and/or stresses are derived from the functional requirements of the device;

(c) Piping whose primary function is to transport fluids from one location to another;

(d) Those vessels defined as low pressure heating boilers or power boilers.

"Unfired steam boiler" shall mean a pressure vessel in which steam is generated by an indirect application of heat.  It shall not include pressure vessels known as evaporators, heat exchangers, or vessels in which steam is generated by the use of heat resulting from the operation of a processing system containing a number of pressure vessels, such as used in the manufacture of chemical and petroleum products, which will be classed as unfired pressure vessels.))

[Statutory Authority: RCW 70.79.030 and 70.79.040.  98-22-024, 296-104-010, filed 10/28/98, effective 11/28/98; 96-21-081, 296-104-010, filed 10/16/96, effective 11/16/96.  Statutory Authority: RCW 70.79.040.  94-21-002, 296-104-010, filed 10/5/94, effective 11/5/94; 93-12-014, 296-104-010, filed 5/21/93, effective 6/21/93; 92-11-070, 296-104-010, filed 5/20/92, effective 6/20/92.  Statutory Authority: RCW 70.79.240.  88-01-064 (Order 87-25), 296-104-010, filed 12/17/87.  Statutory Authority: RCW 70.79.040 and 70.79.050.  86-01-088 (Order 85-26), 296-104-010, filed 12/19/85; Order 72-11, 296-104-010, filed 7/7/72; Part I, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 95-19-058, filed 9/15/95, effective 10/16/95)

WAC 296-104-015
Administration--((Board meetings.)) When and where are the board meetings held?

The board of boiler rules shall hold its regular meetings in January, March, May, September and November of each year.  The time, place, and date of each regular meeting shall be set by the chairman of the board and published annually.  Special meetings may be called by the ((chairman when considered necessary by the board.  The chief inspector will serve as secretary to the board without vote)) chair.

[Statutory Authority: RCW 70.79.030 and 70.79.040.  95-19-058, 296-104-015, filed 9/15/95, effective 10/16/95.  Statutory Authority: RCW 70.79.040.  91-11-107, 296-104-015, filed 5/22/91, effective 6/22/91.  Statutory Authority: RCW 70.79.050.  90-07-082, 296-104-015, filed 3/21/90, effective 4/21/90.  Statutory Authority: RCW 70.79.040 and 70.79.050.  86-01-088 (Order 85-26), 296-104-015, filed 12/19/85; Order 72-11, 296-104-015, filed 7/7/72.]


AMENDATORY SECTION(Amending WSR 92-11-070, filed 5/20/92, effective 6/20/92)

WAC 296-104-018
Administration--((Rule interpretation and revision.)) How are rules interpreted and revised?

Stakeholders may request clarifications and interpretations of these rules by contacting the chief inspector. Interpretations will be brought to the board if the inquirer is aggrieved by the interpretation of the chief inspector (RCW 70.79.360).  The board will consider written requests for interpretations and revisions to these definitions, rules, and regulations.  Inquiries shall be limited to requests for interpretation of the rules or to proposed revisions to the existing rules and shall be submitted in the following format:

(1) Scope.  ((Involve)) Identify a single rule or closely related rules that are in dispute.

(2) Background.  State the purpose of the inquiry, which should be either to obtain an interpretation or to propose a revision to existing rules.  Provide concise information needed for the board's understanding of the inquiry, including references to the WAC section as well as other code and/or standards paragraphs.

(3) Inquiry structure.  Provide statements in a condensed and precise question format and, where appropriate, compose in such a way that "yes" or "no" (perhaps with provisos) would be an acceptable reply.

(4) Proposed reply.  State what it is believed the rule requires.  If in the inquirer's opinion a revision to the definitions, rules, and regulations is needed, recommended wording should be provided.

Inquiries shall be submitted by mail to:

Board of Boiler Rules

% Chief Inspector

Department of Labor & Industries

((B&CSIS))

Boiler Section

P.O. Box 44410

Olympia, WA 98504-4410


or


Inquires shall be submitted by delivery to:

Board of Boiler Rules

% Chief Inspector

Department of Labor & Industries

Boiler Section

7273 Linderson Way SW

Tumwater, WA 98501

[Statutory Authority: RCW 70.79.040.  92-11-070, 296-104-018, filed 5/20/92, effective 6/20/92.]


AMENDATORY SECTION(Amending WSR 95-19-058, filed 9/15/95, effective 10/16/95)

WAC 296-104-020
Administration--((Filing requirements before installation.)) What are the filing requirements for boilers and pressure vessels before their installation?

Manufacturers data reports on boilers and pressure vessels as required by the provisions of the ((ASME)) construction codes shall be filed by the owner or his agent with the chief inspector or the National Board of Boiler and Pressure Vessel Inspectors before installation.  When the boilers or pressure vessel are of special design or construction not covered by the ((ASME)) construction codes (unless otherwise exempted by the rules and regulations), the owner or user shall apply to the board of boiler rules in writing for permission to install such boilers or pressure vessels and shall supply such details of design and construction as may be required by the board of boiler rules and approval shall be secured before construction is started.  When second hand boilers or pressure vessels are to be reinstalled, the owner or user shall file a data report or construction details, as required, and secure approval from the chief inspector before starting installation.

[Statutory Authority: RCW 70.79.030 and 70.79.040.  95-19-058, 296-104-020, filed 9/15/95, effective 10/16/95; Order 74-37, 296-104-020, filed 11/8/74; Part II, 1, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 96-21-081, filed 10/16/96, effective 11/16/96)

WAC 296-104-025
Administration--((Owner to notify chief inspector of accidents.)) What are the notification requirements following an accident involving a boiler or pressure vessel?

When an accident occurs which renders a boiler or unfired pressure vessel inoperative, the owner or user shall notify the chief inspector, and submit a detailed report of the accident.  In cases of accidents, such as explosions or those resulting in personal injury, notice to the chief inspector shall be given immediately by telephone or electronic means designed to assure its earliest possible receipt.  Neither the boiler or unfired pressure vessel nor any parts thereof shall be removed or disturbed before an inspection has been made by the chief inspector, or his designee except for the purpose of saving life or limiting consequential damage.  The inspector making the investigation and inspection shall report to the chief inspector as soon as possible.  The boiler or pressure vessel owner shall be responsible for all costs of the department's investigation.

[Statutory Authority: RCW 70.79.030 and 70.79.040.  96-21-081, 296-104-025, filed 10/16/96, effective 11/16/96; 95-19-058, 296-104-025, filed 9/15/95, effective 10/16/95; Part II, 2, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 95-19-058, filed 9/15/95, effective 10/16/95)

WAC 296-104-030
Administration--What is the penalty for operation of unsafe boilers or unfired pressure vessels((.))?

In the event that a boiler or unfired pressure vessel is unsafe to operate, the inspection certificate shall be suspended.  Any person, firm, partnership, or corporation causing such objects to be operated under pressure without a valid certificate of inspection shall be in violation of RCW 70.79.320 and subject to the penalties specified in WAC 296-104-701.

[Statutory Authority: RCW 70.79.030 and 70.79.040.  95-19-058, 296-104-030, filed 9/15/95, effective 10/16/95; Part II, 3, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 95-19-058, filed 9/15/95, effective 10/16/95)

WAC 296-104-035
Administration--((Conflict of interests.)) What are conflicts of interest for inspectors?

Inspectors commissioned by the state of Washington shall not engage in the sale of any service, article, or device or promote any other activity for personal gain relating to boilers or unfired pressure vessels or their appurtenances.

[Statutory Authority: RCW 70.79.030 and 70.79.040.  95-19-058, 296-104-035, filed 9/15/95, effective 10/16/95; Part II, 4, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 95-19-058, filed 9/15/95, effective 10/16/95)

WAC 296-104-040
Administration--((Inspector's inspection reports.)) When should inspectors submit inspection reports and on what forms?

Inspectors shall submit reports of inspections of boilers and unfired pressure vessels on appropriate forms approved by the chief inspector.  Routine reports of inspections shall be submitted within thirty days of inspection. Reports of reinspection after suspension of an inspection certificate shall be submitted by an inspector employed by the in-service inspection agency as soon as notice of corrective action has been received ((so that the vessel certificate can be reinstated and the boiler or unfired pressure vessel lawfully operated)).

[Statutory Authority: RCW 70.79.030 and 70.79.040.  95-19-058, 296-104-040, filed 9/15/95, effective 10/16/95; Order 74-37, 296-104-040, filed 11/8/74; Part II, 5, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 95-19-058, filed 9/15/95, effective 10/16/95)

WAC 296-104-045
Administration--((Insurance companies' responsibilities.)) What are the insurance companies' responsibilities?

All insurance companies shall notify the chief inspector within thirty days of all boiler and/or unfired pressure vessel risks written, canceled, not renewed or suspended because of unsafe conditions.  Special inspectors shall perform all in-service inspections of boilers and unfired pressure vessels insured by their employer.  After a repair or alteration the in-service inspector is responsible to assure ((an R-1)) a Record of Welded Repair form is completed and submitted to the department.

[Statutory Authority: RCW 70.79.030 and 70.79.040.  95-19-058, 296-104-045, filed 9/15/95, effective 10/16/95; Part II, 6, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 94-21-002, filed 10/5/94, effective 11/5/94)

WAC 296-104-050
Administration--((Examination for inspector.)) What examinations must a boiler inspector take?

Examination for certificate of competency shall be held at locations selected by the board, four times each year, namely, the first Wednesday and following Thursday of the months of March, June, September and December.  Special examinations ((will)) may be held when considered necessary by the board.

Applicants for examination shall have had at least three years practical experience in the construction, maintenance, repair or operation of high pressure boilers or unfired pressure vessels as a mechanical engineer, steam engineer or boiler maker, or shall have had at least three years experience as an inspector of high pressure boilers and/or unfired pressure vessels.  A credit of two years of the required experience will be given to applicants holding an engineering degree from a recognized college of engineering.

Application for examination for certificate of competency shall be in writing upon a form to be furnished by the director stating the school and education of the applicant, a list of ((his)) employers, ((his)) period of employment and position held with each employer.  Applications containing willful falsification or untruthful statements shall be rejected.

If the applicant's history and experience meet with the approval of the board of boiler rules, ((he)) the candidate shall be given a written examination ((dealing)). The test will deal with Washington state boilers and unfired pressure vessels law as well as the construction, installation, operation, maintenance and repair of boilers and/or unfired pressure vessels and their appurtenances((, and the applicant shall be accepted or rejected on the merits of this examination.  If the applicant is successful in meeting the requirements of the examining board, a certificate of competency will be issued)). If the applicant is accepted on the merits of this examination, a certificate of competency will be issued by the chief inspector.

[Statutory Authority: RCW 70.79.040.  94-21-002, 296-104-050, filed 10/5/94, effective 11/5/94.  Statutory Authority: Chapter 70.79 RCW.  89-15-025 (Order 89-05), 296-104-050, filed 7/13/89, effective 8/13/89.  Statutory Authority: RCW 70.79.030.  78-03-057 (Order 78-3), 296-104-050, filed 2/22/78; Part II, 7, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 93-12-014, filed 5/21/93, effective 6/21/93)

WAC 296-104-055
((Examination fees.)) Administration--What are the examination fees?

A fee of sixty dollars will be charged for each applicant ((taking the)) sitting for an inspection examination(s) ((for a certificate of competency or any examination sponsored by the National Board of Boiler and Pressure Vessel Inspectors)).  If an applicant fails to pass the examination this fee shall be good for one year during which a reexamination may be taken.  Checks for examination fees shall be made payable to the state treasurer.

[Statutory Authority: RCW 70.79.040.  93-12-014, 296-104-055, filed 5/21/93, effective 6/21/93.  Statutory Authority: RCW 70.79.030 and 70.79.330.  82-24-025 (Order 82-36), 296-104-055, filed 11/23/82, effective 1/1/83; Order 74-37, 296-104-055, filed 11/8/74; Part II, 8, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 94-21-002, filed 10/5/94, effective 11/5/94)

WAC 296-104-060
((Commissions as inspectors.)) Administration--When shall inspectors' commissions be issued, suspended, or revoked?

Upon the request of any company authorized to insure and insuring against loss from explosion of boilers and/or unfired pressure vessels in this state, or upon the request of any company with an owner/user inspection agency operating boilers and/or unfired pressure vessels in this state, the chief inspector shall issue a commission as a special inspector and an identifying commission card to any inspector actively engaged in boiler and/or unfired pressure vessel inspection in this state ((if the inspector)) as long as he/she:

Is employed by the requesting company; and ((if the inspector))
Has passed the written examination, and holds a certificate of competency as set forth in WAC 296-104-050.
The fee for the commission is twenty-five dollars.  The commission shall be held at the home office of the employing company.  Inspectors shall carry identifying commission cards while they are inspecting.  A commission shall be valid for one year and may be renewed annually at the request of the employing company for a fee of ten dollars.  The employing company shall return the commission and the identifying commission card at once to the chief inspector when the inspector to whom the commission was issued is no longer in its employ, or at the request of the chief inspector.

The department may suspend or revoke a certificate of competency and commission issued to an inspector upon ten days notice to the inspector and to the inspector's employer for:
Incompetency or untrustworthiness; ((for))
Willful falsification of any matter or statement contained in ((his)) the application, or in the report of any inspection((, or in any other application)); or
For other sufficient reason.
The holder of a certificate of competency is entitled to a hearing before the board prior to the revocation or suspension of the certificate of competency.  A person whose commission has been suspended, except for untrustworthiness, may apply to the board for reinstatement.  A person whose commission has been revoked, except for untrustworthiness, may apply to the board to take a new examination for a commission after ninety days from the date of the revocation.

[Statutory Authority: RCW 70.79.040.  94-21-002, 296-104-060, filed 10/5/94, effective 11/5/94.  Statutory Authority: RCW 70.79.030 and 70.79.330.  82-24-025 (Order 82-36), 296-104-060, filed 11/23/82, effective 1/1/83; Order 74-37, 296-104-060, filed 11/8/74; Part II, 9, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 96-21-081, filed 10/16/96, effective 11/16/96)

WAC 296-104-065
Administration--((Reciprocal commissions.)) How should a certified or commissioned inspector obtain a Washington state commission?

Upon the request of a boiler insurance company authorized to insure and insuring against loss from explosion of boilers and/or unfired pressure vessels in this state, or a company with an owner/user inspection agency, a commission as a special inspector of boilers and/or unfired pressure vessels shall be issued by the chief inspector to an inspector in the employ of such company provided the inspector has had the experience prescribed in RCW 70.79.130 and:

(1) Passed an examination covering the Washington state boilers and unfired pressure vessels law, chapters 70.79 RCW and 296-104 WAC; and

(2) Holds a certificate of competency or commission issued by a state which has adopted one or more sections of the ASME Code, or a national board commission, in either case having taken and passed a written examination equivalent to that required by the state of Washington; or

(((2))) (3) Is certified by the American Petroleum Institute in accordance with API-510, having taken and passed a written examination equivalent to that required by the state of Washington.

Application for a reciprocal commission shall be made on a form to be furnished by the chief inspector, and shall be accompanied by a copy of the applicant's certificate of competency or a National Board Commission; or an API certificate and evidence of having passed the API examination.

[Statutory Authority: RCW 70.79.030 and 70.79.040.  96-21-081, 296-104-065, filed 10/16/96, effective 11/16/96.  Statutory Authority: RCW 70.79.040.  94-21-002, 296-104-065, filed 10/5/94, effective 11/5/94.  Statutory Authority: RCW 70.79.030.  78-03-057 (Order 78-3), 296-104-065, filed 2/22/78; Order 74-37, 296-104-065, filed 11/8/74; Part II, 10, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 98-22-024, filed 10/28/98, effective 11/28/98)

WAC 296-104-100
Inspection--How often must boilers and unfired pressure vessels be inspected?

(1) Power boilers shall be inspected:

(a) Internally and externally while not under pressure - Annually.

(b) Externally while under pressure - Annually.

(2) Organic vapor boilers shall be inspected:

(a) Internally and externally while not under pressure - Biennially.

(b) Externally while under pressure - Annually.

(3) Low pressure heating boilers shall be inspected:

(a) Externally while under pressure - Biennially.

(b) Internally while not under pressure (except where construction does not permit an internal) - ((Biennially)) Every 4th year.

(c) Internally, all steam heating boilers will have as a minimum, an internal of their low water fuel cutoff - Biennially.

(d) Internally, none required for nonvapor boilers using glycol, oil or adequately treated with a corrosion inhibitor.

(4) Hot water heaters shall be inspected:

(a) Externally - Biennially.

(b) Internally - None required.

(5) Unfired pressure vessels shall be inspected:

(a) Externally - Biennially.

(b) Internally:

(i) When subject to corrosion and construction permits - Biennially; or

(ii) Vessels in an owner/user inspection program may follow intervals established by the NBIC or API-510, provided nondestructive examination (NDE) is performed at the biennial external inspection; or

(iii) Pulp or paper dryer rolls may be inspected on a five-year basis in accordance with TAPPI TIS 0402-16, provided the owner has established a written inspection program accepted by the inspector that requires the minimums in section 8 of TAPPI TIS 0402-16; or

(iv) Vessels not subject to corrosion do not require an internal.

[Statutory Authority: RCW 70.79.030 and 70.79.040.  98-22-024, 296-104-100, filed 10/28/98, effective 11/28/98; 95-19-058, 296-104-100, filed 9/15/95, effective 10/16/95.  Statutory Authority: RCW 70.79.040.  94-21-002, 296-104-100, filed 10/5/94, effective 11/5/94; Part III, 1, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 98-22-024, filed 10/28/98, effective 11/28/98)

WAC 296-104-102
Inspection--What are the standards for in-service inspection?

(1) Where a conflict exists between the requirements of the standards listed below and this chapter, this chapter shall prevail.

(2) The standard for inspection of nonnuclear boilers, unfired pressure vessels, and safety devices is the National Board Inspection Code (NBIC), ((1995)) 1998 edition, with addenda.  This code may be used on or after the date of issue and becomes mandatory twelve months after adoption by the board as specified in RCW 70.79.050(2).

(3) The standard for inspection of nuclear items is ASME section XI.  The ASME Code edition and addenda shall be as specified in the owner in-service inspection program plan.

(4) Where a petroleum or chemical process industry owner/user inspection agency so chooses, the standard for inspection of unfired pressure vessels used by the owner shall be the API-510 Pressure Vessel Inspection Code, eighth edition, with supplements.  This code may be used on or after the date of issue.

(5) TAPPI TIS 0402-16, dated 1995 may be used for both pulp dryers and paper machine dryers when requested by the owner. When requested by the owner, this document becomes a requirement and not a guideline.

[Statutory Authority: RCW 70.79.030 and 70.79.040.  98-22-024, 296-104-102, filed 10/28/98, effective 11/28/98; 96-21-081, 296-104-102, filed 10/16/96, effective 11/16/96.  Statutory Authority: RCW 70.79.040.  94-21-002, 296-104-102, filed 10/5/94, effective 11/5/94.]


AMENDATORY SECTION(Amending WSR 95-19-058, filed 9/15/95, effective 10/16/95)

WAC 296-104-105
Inspection--((Notification of inspection.)) How much time is required for notification of inspection?

Seven days will be considered sufficient notification. The owner or user shall prepare each boiler and unfired pressure vessel for internal inspection and shall prepare for and apply a hydrostatic pressure test whenever necessary on the date specified by the inspector.  ((Seven days will be considered sufficient notification.))

[Statutory Authority: RCW 70.79.030 and 70.79.040.  95-19-058, 296-104-105, filed 9/15/95, effective 10/16/95; Part III, 2, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 95-19-058, filed 9/15/95, effective 10/16/95)

WAC 296-104-110
Inspection--((Unsafe or defective boilers or unfired pressure vessels.)) What will be done when boilers or unfired pressure vessels are deemed unsafe or defective?

((If an inspector,)) Upon inspection of a boiler or unfired pressure vessel or appurtenances, if an inspector finds hazardous conditions such that it is unsafe to operate under pressure, remedial action shall be initiated at once.  A red tag indicating "unsafe - do not use" shall be attached to the principle operating control and the owner or user advised that further operation is prohibited until specified repairs or other action are taken.  The chief inspector shall be notified immediately, followed by a report on the condition.  Any certificate in force is considered suspended.  When reinspection establishes that necessary repairs have been made or corrective action taken so that the boiler or unfired pressure vessel is safe to operate, a report of reinspection shall be submitted to the chief inspector.  The certificate of inspection will then be reinstated or a new certificate issued as appropriate.

If other defects, but not unsafe conditions, are found, a routine inspection report containing a noncompliance report shall be submitted to the chief inspector ((and)). The owner or user shall be allowed to operate the object for a period as specified by the inspector ((until)) so long as corrective action is completed in the allotted time.

[Statutory Authority: RCW 70.79.030 and 70.79.040.  95-19-058, 296-104-110, filed 9/15/95, effective 10/16/95; Part III, 3, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 95-19-058, filed 9/15/95, effective 10/16/95)

WAC 296-104-115
Inspection--((Defective conditions concealed by covering.)) What will be done when defective conditions are concealed by covering?

If upon an external inspection there is evidence of a leak or crack, enough of the covering of the boiler or unfired pressure vessel shall be removed to satisfy the inspector in order ((that he/she may)) to determine ((as to)) the safety of the boiler or unfired pressure vessel((, or)). If the covering cannot be removed at the time, ((he)) the inspector may order the operation of the boiler or unfired pressure vessel stopped until such time as the covering can be removed and proper examination made.

[Statutory Authority: RCW 70.79.030 and 70.79.040.  95-19-058, 296-104-115, filed 9/15/95, effective 10/16/95; Part III, 4, filed 3/23/60.]


AMENDATORY SECTION(Amending Part III, filed 3/23/60)

WAC 296-104-125
Inspection--((Certificate fees.)) Are certificate fees required?

If upon inspection a boiler or unfired pressure vessel is found to be suitable for use and to conform to these rules and regulations, the owner or user shall pay certificate fees as scheduled in WAC 296-104-700 directly to the chief inspector ((fees as scheduled in RCW 70.79.290.  Inspections are)). The inspection process is not complete until the certificate of inspection is posted.

If the owner or user of each boiler or unfired pressure vessel required to be inspected refuses to allow an inspection to be made, or refuses to pay the above fee, the certificate of inspection shall be suspended by the chief inspector until the owner or user complies with the requirements.

[Part III, 6, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 95-19-058, filed 9/15/95, effective 10/16/95)

WAC 296-104-130
Inspection--((Validity of inspection certificate.)) When are inspection certificates valid?

An inspection certificate, issued in accordance with RCW 70.79.290, shall be valid until expiration unless some defect or condition affecting the safety of the boiler or unfired pressure vessel is disclosed or the conditions of RCW 70.79.300 apply.

When ((portable unfired pressure vessels are inspected and certified by)) an agreement exists between the state ((or)) and the city jurisdictions of Spokane, Seattle or Tacoma, the certificates for portable boilers and unfired pressure vessels will be considered valid ((certificates provided they are posted on or near the vessel, and provided there is an agreement between that city and the state)).

[Statutory Authority: RCW 70.79.030 and 70.79.040.  95-19-058, 296-104-130, filed 9/15/95, effective 10/16/95; Part III, 7, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 95-19-058, filed 9/15/95, effective 10/16/95)

WAC 296-104-135
Inspection--What are the requirements for restamping of boilers and unfired pressure vessels((.))?

When the stamping on a boiler or unfired pressure vessel becomes indistinct the inspector shall instruct the owner or user to have it restamped.  Request for permission to restamp the boiler or unfired pressure vessel shall be made to the chief inspector and proof of the original stamping shall accompany the request.  Restamping authorized by the chief inspector shall be done only in the presence of an inspector, and shall be identical with the original stamping except that it will not be required to restamp the ((ASME)) code symbol.  Notice of completion of such restamping shall be filed with the chief boiler inspector by the inspector who witnessed the restamping of the boiler or unfired pressure vessel together with a facsimile of the stamping applied.

[Statutory Authority: RCW 70.79.030 and 70.79.040.  95-19-058, 296-104-135, filed 9/15/95, effective 10/16/95; Part III, 8, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 96-21-081, filed 10/16/96, effective 11/16/96)

WAC 296-104-140
Inspection--((State stamp.)) How should a state stamp be applied?

Upon completion of the installation, all boilers and unfired pressure vessels shall be inspected by the chief inspector, a deputy inspector, or a special inspector.  At the time of this inspection, each boiler or unfired pressure vessel shall be marked with a serial number of the state of Washington followed by the letter (("W," said letter and figures to be not less than 5/16 in. in height.  The marking shall not be concealed by lagging or paint and shall be exposed at all times.)) "W."  

Data sheets shall be made available at the time of first inspection if not filed with the national board.

Washington special numbers when assigned by the chief inspector shall be preceded by the letters((:)) "WS."

All rental boilers used in the state of Washington shall be marked with the serial number of the state of Washington followed by the letters "WR." This will indicate that the boiler is a rental unit.

The state of Washington markings, numbers and letters, referenced above, shall not be less than 5/16 ((inch)) inches in height((.  The marking)) and shall not be concealed by lagging or paint and shall be exposed at all times.

[Statutory Authority: RCW 70.79.030 and 70.79.040.  96-21-081, 296-104-140, filed 10/16/96, effective 11/16/96; 95-19-058, 296-104-140, filed 9/15/95, effective 10/16/95; Order 73-1, 296-104-140, filed 3/22/73; Part III, 9, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 95-19-058, filed 9/15/95, effective 10/16/95)

WAC 296-104-145
Inspection ((of systems.))--How are groups of vessels operating as a single unit classified?

A group of unfired pressure vessels operating as a single unit such as the vessels in a refrigeration system, evaporators, ironers and paper machines may be given one number, designating the different vessels of the unit as a-b-c, etc.  The inspector's report shall cover all pressure vessels in the system individually.  One certificate shall be issued for the unit.  Certificate charge shall be as outlined in RCW 70.79.290, for each vessel of the system.

[Statutory Authority: RCW 70.79.030 and 70.79.040.  95-19-058, 296-104-145, filed 9/15/95, effective 10/16/95; Part III, 10, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 95-19-058, filed 9/15/95, effective 10/16/95)

WAC 296-104-150
Inspection--How are unfired steam boilers((.)) classified?

Unfired steam boilers operating at pressures of 50 psi or more shall be inspected as power boilers.  Unfired steam boilers operating at less than 50 psi shall be inspected as unfired pressure vessels.

[Statutory Authority: RCW 70.79.030 and 70.79.040.  95-19-058, 296-104-150, filed 9/15/95, effective 10/16/95; Part III, 11, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 96-21-081, filed 10/16/96, effective 11/16/96)

WAC 296-104-151
Inspection--((Rental boilers.)) What are the requirements for rental boilers?

((Any)) Every rental boiler used in the state of Washington will have an internal inspection completed once a year.  An operating inspection under pressure shall be conducted by the chief inspector, a deputy inspector, or a special inspector at each and every rental location before being placed into service.

((Any)) A rental boiler, which has never been in rental service in the state of Washington, will have a satisfactory hydrostatic test completed along with an initial internal inspection prior to having a state number issued.  Each operating inspection will be reported to the state of Washington using the standard inspection form and a copy of this report will be posted on the rental boiler.

Inspections will be the responsibility of the rental boiler owner but may be completed by the user's special inspector.

[Statutory Authority: RCW 70.79.030 and 70.79.040.  96-21-081, 296-104-151, filed 10/16/96, effective 11/16/96.]


AMENDATORY SECTION(Amending WSR 95-19-058, filed 9/15/95, effective 10/16/95)

WAC 296-104-155
Inspection--((Preparation for internal inspection.)) What preparations are necessary prior to internal inspections?

The owner or user shall prepare a boiler for internal inspection in the following manner or as required by the inspector:

(((a))) (1) Water shall be drawn off and the boiler thoroughly washed.

(((b))) (2) All manhole and handhole plates and wash-out plugs and water column connections shall be removed, the furnace and combustion chambers thoroughly cooled and cleaned.

(((c))) (3) All grates of internally fired boilers shall be removed.

(((d))) (4) At each annual inspection brickwork shall be removed as required by the inspector in order to determine the condition of the boiler headers, furnace, supports, or other parts.

(((e))) (5) The steam gauge shall be removed for testing or evidence of testing shown.

(((f))) (6) Any leakage of steam or hot water into the boiler shall be cut off by disconnecting the pipe or valve at the most convenient point.

(((g))) (7) The low water cutout shall be disassembled to such a degree as the inspector shall require.

Unfired pressure vessels shall be prepared for internal inspection to the extent deemed necessary by the inspector.

[Statutory Authority: RCW 70.79.030 and 70.79.040.  95-19-058, 296-104-155, filed 9/15/95, effective 10/16/95; Part III, 12, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 95-19-058, filed 9/15/95, effective 10/16/95)

WAC 296-104-160
Inspection--What happens if a boiler((s)) or unfired pressure vessel((s)) is improperly prepared for inspection((.))?

If a boiler or unfired pressure vessel has not been properly prepared for an internal inspection, or the owner or user fails to comply with the requirements for hydrostatic test as set forth in these rules, the inspector may decline to make the inspection or test and the certificate of inspection shall be withheld until the owner or user complies with the requirements.

((Unfired pressure vessels shall be prepared for inspection to the extent deemed necessary by the inspector.))

[Statutory Authority: RCW 70.79.030 and 70.79.040.  95-19-058, 296-104-160, filed 9/15/95, effective 10/16/95; Part III, 13, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 95-19-058, filed 9/15/95, effective 10/16/95)

WAC 296-104-165
Inspection--((Removal of covering to permit inspection.)) When should coverings be removed for inspection?

If the boiler or unfired pressure vessel is jacketed ((so)) such that the longitudinal seams of shells, drums, or domes cannot be seen, or if pertinent information cannot be determined by other means, the following may be ordered by the inspector: Enough of the jacketing, setting wall, or other form of casing or housing shall be removed so that ((the size of the rivets, pitch of the rivets, and other data)) information necessary to determine the safety of the boiler or unfired pressure vessel ((may)) can be obtained ((provided such information cannot be determined by other means)) to the satisfaction of the inspector.

[Statutory Authority: RCW 70.79.030 and 70.79.040.  95-19-058, 296-104-165, filed 9/15/95, effective 10/16/95; Part III, 14, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 96-21-081, filed 10/16/96, effective 11/16/96)

WAC 296-104-170
Inspection--((Shop inspections.)) When are shop inspections required?

Shop inspections shall be as required in the applicable sections of the ASME Code.  Only inspectors holding a national board commission with the appropriate endorsements and a commission issued by the state of Washington shall make shop inspections in this state.  Supervisors of inspectors who perform shop inspections in the state need only a National Board Commission with the appropriate endorsements.

Upon request from a boiler or pressure vessel manufacturer holding an ASME Certificate of Authorization within the jurisdiction, the department shall provide inspection services as required by the ASME Code.  The manufacturer receiving such inspection services shall reimburse the department for the time and expenses in accordance with the fee schedule established in WAC 296-104-700.

[Statutory Authority: RCW 70.79.030 and 70.79.040.  96-21-081, 296-104-170, filed 10/16/96, effective 11/16/96.  Statutory Authority: RCW 70.79.040.  90-20-029, 296-104-170, filed 9/24/90, effective 10/25/90.  Statutory Authority: RCW 70.79.030.  78-03-057 (Order 78-3), 296-104-170, filed 2/22/78; Part III, 15, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 98-22-024, filed 10/28/98, effective 11/28/98)

WAC 296-104-502
Repairs--What are the requirements for nonnuclear boilers and unfired pressure vessel repairs and alterations?

Repairs and alterations to nonnuclear boilers and pressure vessels shall be made in accordance with the rules of the National Board Inspection Code (NBIC) as adopted in WAC 296-104-102.

Repairs/alterations may be made by:

(1) An organization authorized by the jurisdiction and in possession of a valid Certificate of Authorization for use of the "R" symbol stamp, issued by the National Board provided such repairs/alterations are within the scope of the authorization.

(2) An organization authorized by the chief inspector and in possession of a valid ASME Certificate of Authorization provided such repairs/alterations are within the scope of the organization's Quality Control System.  The chief inspector may limit or restrict repairs/alterations for cause.

Owner/user special inspectors may only accept repairs/alterations to boilers and unfired pressure vessels operated by their respective companies per RCW 70.79.130.

Where required, ((reports)) record of welded repairs/alterations, signed by the organization and a commissioned inspector shall be submitted to the ((department)) chief inspector.

[Statutory Authority: RCW 70.79.030 and 70.79.040.  98-22-024, 296-104-502, filed 10/28/98, effective 11/28/98.  Statutory Authority: RCW 70.79.040.  94-21-002, 296-104-502, filed 10/5/94, effective 11/5/94.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 296-104-002 Approval by director.
WAC 296-104-107 Inspection--Which unfired pressure vessels in places of public assembly are subject to these rules?

Washington State Code Reviser's Office