WSR 00-21-024

PERMANENT RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed October 10, 2000, 12:14 p.m. , effective November 13, 2000 ]

Date of Adoption: October 10, 2000.

Purpose: Chapter 296-104 WAC, Board of boiler rules -- Substantive.

The purpose of this rule making is to:

Comply with actions taken by the Board of Boilers;
Make changes to clarify the rules;
Make housekeeping changes and corrections;
Make the rules consistent with nationally accepted codes and standards; and
Respond to industry requests and public safety standards.
AMENDED SECTIONS:

WAC 296-104-010 Administration -- What are the definitions of terms used in this chapter? Changed the term usage and moved the definitions for "API-510," "ASME Code," "Hot water heaters," "External inspection," "Internal inspection," "NBIC," to make them easier to locate. Added a definition for "Pool heaters" and a provision that both an owner and a user are able to inspect boilers.

WAC 296-104-200 Construction -- What are the standards for new construction? (1) Adds "with addenda" to subsection (1) to clarify that the addenda to ASME Boiler and Vessel Code, 1998 edition, must be used for new construction. Also, added a reference to WAC 296-104-265(3).

(3) Eliminated "the boilers and unfired pressure vessels" and replace it with "they" to clarify the rule.

WAC 296-104-205 Construction -- Nonstandard new construction. Changed the title to "Construction -- What are the requirements for nonstandard new construction?" and added a reference to WAC 296-104-307 for clarity and ease of understanding and use.

WAC 296-104-210 Construction -- Special designs. Changed the title to "Construction -- What are the requirements for construction of boilers and unfired pressure vessels of special design?" and replaced "Prints" with "Drawings, designs" for clarity and ease of understanding and use.

WAC 296-104-215 Construction -- Nonstandard boilers and unfired pressure vessels. Changed the title to "Construction -- What are the requirements to use nonstandard boilers and unfired pressure vessels constructed prior to January 1, 1952?" for clarity and ease of understanding and use.

WAC 296-104-220 Construction -- Nonstandard second hand boilers or unfired pressure vessels. Changed the title to "Construction -- What are the requirements to use nonstandard second hand boilers and unfired pressure vessels?"; replaced "Prints" with "Drawings"; and added "design" prior to "calculations" for clarity and ease of understanding and use.

WAC 296-104-230 Construction -- New vessels exempted from code requirements for volume, pressure, or temperature. Changed the title to "Construction -- What are the testing requirements for new vessels exempted from code requirements for volume, pressure, or temperature?" and replaced "vessel" with "unfired pressure vessel" for clarity and ease of understanding and use. Changed the pressure for hydrostatic testing from 150% to twice the rated maximum allowable working pressure, which is reflective of current industry practice. Also, clarified "excessive distortion" as not exceeding 80% of the boiler or unfired pressure vessel material's yield strength.

WAC 296-104-235 Construction -- Boiler and unfired pressure vessel safety relief valves. Changed the title to "Construction -- What are the requirements for code exempted boiler and unfired pressure vessel safety relief valves?" and added "unfired pressure" prior to "vessel" for clarity and ease of understanding and use. Added "and shall not induce stress on the valve" in reference to relief valve outlet.

WAC 296-104-240 Construction -- Unfired pressure vessels piping components. Changed the title to "Construction -- When are piping components considered unfired pressure vessels?" for clarity and ease of understanding and use.

WAC 296-104-265 Installation -- What control and limit devices are required on boilers? Clarified that this section applies to installations after June 1989 and not only between the years of June 1989 and December 1998. Also, added inspector's responsibilities regarding CSD compliance which are currently in ASME CSD-1 to make the applicable requirements more readily available.

WAC 296-104-307 Installation -- What safety devices are required on boilers and pressure vessels? Changed the title to "Installation -- What safety pressure relief devices are required on boilers and pressure vessels?" for clarity and ease of understanding and use.

WAC 296-104-502 Repairs -- What are the requirements for nonnuclear boilers and unfired pressure vessel repairs and alterations? Added an "a" in the last sentence to make a grammatical correction.

WAC 296-104-700 Inspection fees -- Certificate fees -- Expenses. Changed the title to "What are the inspection fees -- Certificate fees -- Expenses?" for clarity and ease of understanding and use.

WAC 296-104-701 Civil penalties. Changed the title to "What are the civil penalties?" and corrected WAC references for clarity and ease of understanding and use.

Citation of Existing Rules Affected by this Order: See Purpose above.

Statutory Authority for Adoption: RCW 70.79.030 and 70.79.040.

Other Authority: Chapter 70.79 RCW.

Adopted under notice filed as WSR 00-16-149 on August 2, 2000.

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 0, 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 14, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 14, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 14, Repealed 0. Effective Date of Rule: November 13, 2000.

October 10, 2000

Frank Sanchez, Chair

Board of Boilers

OTS-4039.2


AMENDATORY SECTION(Amending WSR 99-22-026, filed 10/26/99, effective 11/26/99)

WAC 296-104-010
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.
"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:
* Pressure of 160 psi (1100 kpa);
* Temperature of 210 degrees F (99C);
* Capacity of 120 U.S. gallons (454 liters);
* Input of 200,000 BTU/hr (58.58 kw).
Each vessel shall be protected with an approved temperature and pressure safety relief valve.

"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.
"Pool heaters" shall be considered a boiler or unfired pressure vessel unless it meets all of the following criteria:
* Appliance used to heat water for swimming pools and spas.
* Operates at pump pressure but in no case exceed 15 psig.
* Appliance is equipped with a flow switch, or a pressure switch set at a maximum of 15 psig.
* There are no intervening stop valves on the inlet or discharge side of the unit. Any valves used for maintaining the appliance must be locked open during operation in accordance with a written program that is acceptable to the inspector.
* Discharge piping is not reduced from the engineered sizing of the unit.
* Appliance is equipped with an ASME approved pressure relief device set at 15 psig or lower.
* Unit is rated at less than 400,000 BTU/hr.
* Heating source operation is wired in series with the circulating pump.
* Unit is built to the ASME code or approved by a nationally or internationally recognized testing laboratory.
"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.

"Code, 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.

"Code, ASME" 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.

"Code, 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.

"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.

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

"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.))

"Inspection, external" 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.

"Inspection, internal" 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 less than 36" inside diameter shall constitute an internal inspection.

"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.))

"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.))

"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 boilers and/or 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.

"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.

[Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, 296-104-010, filed 10/26/99, effective 11/26/99; 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 98-22-024, filed 10/28/98, effective 11/28/98)

WAC 296-104-200
Construction -- What are the standards for new construction?

The standards for new construction are:

(1) ASME Boiler and Pressure Vessel Code, 1998 edition, with addenda Sections I, III, IV, VIII, X, and CSD-1 (((for boilers with fuel input ratings less than 12,500,000 BTU/hr))) (as referenced in WAC 296-104-265(3));

(2) ASME/ANSI PVHO-1 (Standard for Pressure Vessels for Human Occupancy), 1987 edition; and

(3) Standards of construction meeting the National Board Criteria for Registration of Boilers, Pressure Vessels and Other Pressure Retaining Items, Revision 2, provided ((the boilers and unfired pressure vessels)) they are registered with the National Board.

These codes and standards may be used on or after the date of issue and become mandatory twelve months after adoption by the board as specified in RCW 70.79.050(2). The board recognizes that the ASME Code states that new editions of the code become mandatory on issue and that subsequent addenda become mandatory six months after the date of issue. For nuclear systems, components and parts the time period for addenda becoming mandatory is defined in the Code of Federal Regulations.

[Statutory Authority: RCW 70.79.030 and 70.79.040. 98-22-024, 296-104-200, filed 10/28/98, effective 11/28/98; 97-20-109, 296-104-200, filed 9/30/97, effective 10/31/97; 96-21-081, 296-104-200, filed 10/16/96, effective 11/16/96. Statutory Authority: RCW 70.79.040. 93-12-014, 296-104-200, filed 5/21/93, effective 6/21/93; 92-11-070, 296-104-200, filed 5/20/92, effective 6/20/92; 91-11-107, 296-104-200, filed 5/22/91, effective 6/22/91; 90-04-009, 296-104-200, filed 1/26/90, effective 2/26/90. Statutory Authority: RCW 70.79.040 and 70.79.050. 86-01-088 (Order 85-26), 296-104-200, filed 12/19/85. Statutory Authority: RCW 70.79.030 and 70.79.330. 84-11-016 (Order 84-09), 296-104-200, filed 5/10/84; 82-24-025 (Order 82-36), 296-104-200, filed 11/23/82, effective 1/1/83. Statutory Authority: RCW 70.79.030. 82-05-003 (Order 82-2), 296-104-200, filed 2/4/82; 81-12-012 (Order 81-10), 296-104-200, filed 5/28/81; 81-01-114 (Order 80-28), 296-104-200, filed 12/24/80; 80-05-065 (Order 80-7), 296-104-200, filed 4/23/80; 79-05-054 (Order 79-7), 296-104-200, filed 4/30/79; 78-10-096 (Order 78-19), 296-104-200, filed 10/3/78; Order 77-23, 296-104-200, filed 11/8/77; Order 77-9, 296-104-200, filed 5/26/77; Order 75-35, 296-104-200, filed 10/29/75; Order 74-37, 296-104-200, filed 11/8/74; Order 73-1, 296-104-200, filed 3/22/73; Order 72-17, 296-104-200, filed 9/28/72; Order 72-11, 296-104-200, filed 7/7/72; Part IV, 1, filed 3/23/60.]


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

WAC 296-104-205
Construction -- What are the requirements for nonstandard new construction((.))?

Those boilers and unfired pressure vessels that are exempted by the codes adopted in WAC 296-104-200 due to volume, temperature or pressure requirements, and are not to be constructed to those codes, must be certified by a nationally recognized testing agency or constructed to WAC 296-104-230. See WAC 296-104-307 for safety pressure relief devices.

Other boilers and unfired pressure vessels that are not to be constructed to the codes adopted in WAC 296-104-200 may be treated as special designs at the discretion of the board. Nonstandard construction shall not be permitted to avoid standard construction.

[Statutory Authority: RCW 70.79.030 and 70.79.040. 96-21-081, 296-104-205, filed 10/16/96, effective 11/16/96; Part IV, 2, filed 3/23/60.]


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

WAC 296-104-210
Construction -- ((Special designs.)) What are the requirements for construction of boilers and unfired pressure vessels of special design?

Boilers and unfired pressure vessels of special design require a special certificate granted by the board. At a minimum the following shall be supplied to obtain board approval for special designs: ((Prints,)) Drawings, design calculations, and a Washington state professional engineer's evaluation of the design. Upon board approval a Washington special number will be assigned by the chief inspector. The installation will be subject to the regular inspections required by WAC 296-104-100 and any additional conditions as required by the board.

[Statutory Authority: RCW 70.79.030 and 70.79.040. 96-21-081, 296-104-210, filed 10/16/96, effective 11/16/96. Statutory Authority: RCW 70.79.040 and 70.79.050. 86-07-064 (Order 86-02), 296-104-210, filed 3/19/86; Order 73-1, 296-104-210, filed 3/22/73; Part IV, 3, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 97-20-109, filed 9/30/97, effective 10/31/97)

WAC 296-104-215
Construction -- ((Nonstandard boilers and unfired pressure vessels.)) What are the requirements to use nonstandard boilers and unfired pressure vessels constructed prior to January 1, 1952?

Nonstandard boilers and unfired pressure vessels constructed prior to January 1, 1952, may be used provided they have not been moved from their original setting since January 1, 1952.

[Statutory Authority: RCW 70.79.030 and 70.79.040. 97-20-109, 296-104-215, filed 9/30/97, effective 10/31/97; 96-21-081, 296-104-215, filed 10/16/96, effective 11/16/96; Part IV, 4, filed 3/23/60.]


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

WAC 296-104-220
Construction -- ((Nonstandard second hand boilers or unfired pressure vessels.)) What are the requirements to use nonstandard second hand boilers and unfired pressure vessels?

Nonstandard second hand boilers ((or)) and unfired pressure vessels constructed after January 1, 1952, cannot be used in this state without prior approval of the board of boiler rules. At a minimum the following shall be supplied to obtain board approvals: ((Prints)) Drawings, a history, design calculations, and a Washington state professional engineer's evaluation of the design and present condition. Upon board approval a Washington special number will be assigned by the chief inspector. The installation will be subject to the regular inspections required by WAC 296-104-100 and any additional conditions as required by the board.

[Statutory Authority: RCW 70.79.030 and 70.79.040. 96-21-081, 296-104-220, filed 10/16/96, effective 11/16/96. Statutory Authority: RCW 70.79.240. 88-01-064 (Order 87-25), 296-104-220, filed 12/17/87; Part IV, 5, filed 3/23/60.]


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

WAC 296-104-230
Construction -- What are the testing requirements for new vessels exempted from code requirements for volume, pressure or temperature((.))?

Boilers or unfired pressure vessels that are not required by the codes adopted in WAC 296-104-200 to be built to those codes (except those exempted in the RCWs), shall be tested as follows:

One boiler or unfired pressure vessel of each design and size taken from the manufacturer's stock at random, shall be subjected to a hydrostatic test of twice the rated maximum allowable working pressure in the presence of an inspector holding a national board commission. The boiler or unfired pressure vessel shall withstand ((a)) the hydrostatic pressure ((of 150% of its design pressure)) test without leaks ((or excessive distortion)) and without exceeding 80% of the boiler or unfired pressure vessel material's yield strength. Samples shall be taken from the longitudinal seam and tests made as outlined in Section IX ASME Code for root and face bends and reduced tensile coupons. Upon successfully passing the above tests, ((a)) the maximum allowable working pressure ((of its design pressure)) will be allowed for all boilers or unfired pressure vessels constructed to identical specifications. The company name, serial number, maximum allowable working pressure, and energy input (if applicable) shall be stamped or marked in a permanent manner on each boiler or unfired pressure vessel. A retest shall be made at the inspector's discretion or by the request of the chief inspector. Any unfired pressure vessels containing water and an air cushion designed for less than 300 psi and 210 degree F, in use prior to January 1, 1997, may be accepted by hydrostatically testing them to twice their maximum allowable working pressure.

[Statutory Authority: RCW 70.79.030 and 70.79.040. 96-21-081, 296-104-230, filed 10/16/96, effective 11/16/96; Order 74-37, 296-104-230, filed 11/8/74; Part IV, 7, filed 3/23/60.]


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

WAC 296-104-235
Construction -- What are the requirements for code exempted boiler and unfired pressure vessel safety relief valves((.))?

The boilers and unfired pressure vessels covered by WAC 296-104-230 shall be protected by the installation of ASME Code relief valves with trial levers, set pressure not to exceed the boiler's or the unfired pressure vessel's design pressure. Relief valves shall be installed on top of the boiler or the unfired pressure vessel or on outlet piping as close as possible to the boiler or unfired pressure vessel, with a minimum of fittings and no valves intervening. The outlet of the relief valve shall be run full size to a safe place and shall not induce stress on the valve.

[Statutory Authority: RCW 70.79.030 and 70.79.040. 96-21-081, 296-104-235, filed 10/16/96, effective 11/16/96. Statutory Authority: RCW 70.79.030. 78-03-057 (Order 78-3), 296-104-235, filed 2/22/78; Part IV, 8, filed 3/23/60.]


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

WAC 296-104-240
Construction -- ((Unfired pressure vessels)) When are piping components((.)) considered unfired pressure vessels?

When a portion of pipe has significant duties other than the transportation of a liquid, gas, or other material; such as storage, catch basin, scrubber, snubber, absorber, or pulsation dampener, it shall be deemed to be an unfired pressure vessel and shall conform to the rules governing the design, construction, inspection, and stamping of unfired pressure vessels.

[Statutory Authority: RCW 70.79.030 and 70.79.040. 96-21-081, 296-104-240, filed 10/16/96, effective 11/16/96; Part IV, 9, filed 3/23/60.]


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

WAC 296-104-265
Installation -- What control and limit devices are required on boilers?

(1) Installations prior to June 1989: All automatically fired steam, vapor, or hot water boilers except boilers having a constant attendant who has no other duties while the boiler is in operation, shall be equipped with:

(a) An automatic low-water fuel cut-off; and

(b) An automatic water feeding device.

(c) All devices shall be designed so that they may be readily tested at frequent intervals.

(2) Installations ((from)) after June 1989 ((to December 1998)):

(a) All boilers that are automatically fired low pressure steam heating boilers, small power boilers, and power steam boilers without a constant attendant who has no other duties shall be equipped with:

(i) Two high steam pressure limit controls, the highest of which shall be provided with a manual reset.

(ii) Two low-water fuel cut-offs, one of which shall be provided with a manual reset device and independent of the feed water controller.

(iii) Coil type flash steam boilers may use two high-temperature limit controls, one of which shall have a manual reset. This is instead of the low-water fuel cut-off.

(iv) All control and limit devices shall be independently connected and electrically wired in series.

(b) All automatically fired hot water supply, low-pressure hot water heating boilers, and power hot water boilers shall be equipped with:

(i) Two high-temperature limit controls, the highest of which shall be provided with a manual reset.

(ii) One low-water fuel cut-off with a manual reset and independent of the feed water controller.

(iii) For coil type hot water boilers a low-water flow limit control installed in the circulating water line may be used instead of a low-water fuel cut-off.

(iv) All control and limit devices shall be independently connected and electrically wired in series.

(3) Installations or refits of gas, oil, or combinations of gas or oil after December 1998:

(a) All boilers excluding lined potable water heaters of all BTU input installed or refitted after December 1998, with fuel input ratings of less than 12,500,000 BTU/hr which are fired by gas, oil, or a combination of gas or oil shall comply with the fuel train requirements defined in ASME CSD-1, as adopted in WAC 296-104-200 where applicable.

(b) Verification of fuel train compliance will be per CSD-1. A CSD-1 report will be filled out and signed by an authorized representative of the manufacturer and/or the installing contractor.

(c) The CSD-1 report must be made available to the authorized inspection agency or the inspector after which a certificate of operation may be issued. The report shall remain in the possession of the boiler owner.

[Statutory Authority: RCW 70.79.030 and 70.79.040. 98-22-024, 296-104-265, filed 10/28/98, effective 11/28/98; 97-20-109, 296-104-265, filed 9/30/97, effective 10/31/97. Statutory Authority: RCW 70.79.240. 88-01-064 (Order 87-25), 296-104-265, filed 12/17/87; Part IV, 14, filed 3/23/60.]


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

WAC 296-104-307
Installation -- What safety pressure relief devices are required on boilers and pressure vessels?

All boiler and pressure vessels shall be safeguarded by safety valves, safety relief valves, or rupture discs as specified in the ASME Code. As an alternative they may be safeguarded by a fail safe pressure relief control system that is evaluated by a professional engineer licensed by the state of Washington and accepted by the chief inspector.

[Statutory Authority: RCW 70.79.030 and 70.79.040. 98-22-024, 296-104-307, filed 10/28/98, effective 11/28/98.]


AMENDATORY SECTION(Amending WSR 99-22-026, filed 10/26/99, effective 11/26/99)

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, a record of welded repairs/alterations, signed by the organization and a commissioned inspector shall be submitted to the chief inspector.

[Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, 296-104-502, filed 10/26/99, effective 11/26/99; 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.]


AMENDATORY SECTION(Amending WSR 99-08-049, filed 4/1/99, effective 5/2/99)

WAC 296-104-700
What are the inspection 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 27.05 21.65
All other boilers less than 500 sq. ft.

32.50

21.65

500 sq. ft. to 2500 sq. ft. 54.15 27.05
Each additional 2500 sq. ft.

of total heating surface,

or any portion thereof

21.65

10.80

Power boilers:

Internal

External

Less than 100 sq. ft. 27.05 21.65
100 sq. ft. to less than

500 sq. ft.

32.50

21.65

500 sq. ft. to 2500 sq. ft. 54.15 27.05
Each additional 2500 sq. ft. of total heating surface, or any portion thereof

21.65

10.80

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

5.40

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. 21.65 16.25
15 sq. ft. to less than 50 sq. ft.

32.50

16.25

50 sq. ft. to 100 sq. ft. 37.90 21.65
For each additional 100 sq. ft. or any portion thereof

10.80

37.90


Certificate of inspection fees: For objects inspected, the certificate of inspection fee is $16.25 per object.

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

For each hour or part of an hour up to 8 hours
32.50
For each hour or part of an hour in excess of 8 hours

48.75


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

48.75

For each hour or part of an hour in excess of 8 hours

75.80


Nonnuclear triennial shop survey and audit:

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

32.50

For each hour or part of an hour in excess of 8 hours

48.75

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

48.75

For each hour or part of an hour in excess of 8 hours

75.80


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.


Reinspection fee: Same as the fee for the previous inspection during which discrepancies were reported. The fee will be charged only if the discrepancies are not corrected before the reinspection. The fee shall not exceed $ 26.00. Washington state specials: For each vessel to be considered by the board for a Washington state special certificate, a fee of $300.00 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: 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.]


AMENDATORY SECTION(Amending Order 87-10, filed 5/21/87)

WAC 296-104-701
What are the civil penalties((.))?

(1) An owner, user, or operator of a boiler or pressure vessel that violates a provision of chapter 70.79 RCW, or of the rules adopted under that chapter, is liable for a civil penalty based on the following schedule.


Operating under pressure a boiler or pressure vessel which the department has condemned, has issued a red tag or has suspended the inspection certificate:


First offense . . . . . . . . . . . . $150.00
Second offense . . . . . . . . . . . . $300.00
Each additional offense . . . . . . . . . . . . $500.00

Each day of such unlawful operation shall be deemed a separate offense.


Operating under pressure a boiler or pressure vessel without a valid inspection certificate:


First offense . . . . . . . . . . . . $ 50.00
Second offense . . . . . . . . . . . . $100.00
Each additional offense . . . . . . . . . . . . $200.00

Each day of such unlawful operation shall be deemed a separate offense.


Installation of a boiler or pressure vessel without meeting prior filing requirements of WAC 296-104-020:


First offense . . . . . . . . . . . . $100.00
Second offense . . . . . . . . . . . . $200.00
Each additional offense . . . . . . . . . . . . $500.00

Performing a repair to a boiler or pressure vessel, involving welding to a pressure retaining part, without meeting requirements of WAC ((296-104-500)) 296-104-502:


First offense . . . . . . . . . . . . $150.00
Second offense . . . . . . . . . . . . $300.00
Each additional offense . . . . . . . . . . . . $500.00

Performing an alteration to a boiler or pressure vessel without meeting requirements of WAC ((296-104-501)) 296-104-502:


First offense . . . . . . . . . . . . $150.00
Second offense . . . . . . . . . . . . $300.00
Each additional offense . . . . . . . . . . . . $500.00

Performing resetting, repair or restamping of safety valves, safety relief valves, or rupture discs, without meeting requirements of WAC 296-104-515:


First offense . . . . . . . . . . . . $150.00
Second offense . . . . . . . . . . . . $300.00
Each additional offense . . . . . . . . . . . . $500.00

Failure of owner to notify chief inspector in case of accident which serves to render a boiler or unfired pressure vessel inoperative, as required by WAC 296-104-025:


Each offense . . . . . . . . . . . . $100.00

Failure to comply with a noncompliance report requirement:


Within 90 days . . . . . . . . . . . . $100.00
Within 91-180 days . . . . . . . . . . . . $250.00
Within 181-270 days . . . . . . . . . . . . $400.00
Within 271-360 days . . . . . . . . . . . . $500.00

(2) The department shall by certified mail notify a person of its determination that the person has violated this section.

(3) Any person aggrieved by an order or act under the boiler and unfired pressure vessels law or under the rules and regulations may, within fifteen days after such order or act, appeal to the board of boiler rules.

(4) Each day that a violation occurs will be a separate offense. A violation will be a second or additional offense only if it occurs within one year from the first violation.

[Statutory Authority: Chapter 70.79 RCW. 87-12-003 (Order 87-10), 296-104-701, filed 5/21/87.]

Washington State Code Reviser's Office