WSR 03-20-120

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES
(Board of Boiler Rules)

[ Filed October 1, 2003, 11:34 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-12-081.

     Title of Rule: Changes to the Board of Boiler Rules -- Substantive, chapter 296-104 WAC.

     Purpose: The purpose of these rule changes is to address actions and requests of the Board of Boiler Rules by:

•     Clarifying the rules so that they are easier to use and understand;

•     Incorporating necessary policy and practice into rule;

•     Including provisions from nationally recognized consensus codes adopted by the Board of Boiler Rules;

•     Eliminating unnecessary definitions;

•     Reorganizing the rules so they are easier to locate and in a more applicable location;

•     Making changes to ensure consistency with statute;

•     Allowing for more flexibility via the use of alternate means to test the operation of hot water heating boiler low water fuel cutoff(s) without resorting to draining the entire system;

•     Eliminating rules that are unnecessary or that are no longer necessary; and

•     Making several other necessary changes identified by the Board of Boiler Rules.

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

     Statute Being Implemented: Chapter 70.79 RCW.

     Summary: See Purpose above.

     Reasons Supporting Proposal: See Purpose above.

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

     Name of Proponent: Board of Boiler Rules, governmental.

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

     Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

     Proposal Changes the Following Existing Rules: See Purpose above.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The Board of Boiler Rules has considered whether these proposed rules are subject to the Regulatory Fairness Act and has determined that they do not require a small business economic impact statement because the costs associated with the proposed rules will not place a more than minor impact on any business or contractor and/or they are exempted by law (see RCW 19.85.025 referencing RCW 34.05.310(4)) from the small business economic impact requirements.

     RCW 34.05.328 does not apply to this rule adoption. Significant rule-making criteria do not apply to these rule changes because the exempt criteria outlined in RCW 34.05.328(5) was met.

     Hearing Location: Department of Labor and Industries, Tacoma Field Office, 950 Broadway, Suite 200, Tacoma, WA 98402-4453, on November 18, 2003, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Josh Swanson by November 14, 2003, at (360) 902-6411 or swaj235@lni.wa.gov.

     Submit Written Comments to: Josh Swanson, Specialty Compliance Services Division, P.O. Box 44400, Olympia, WA 98504-4400, e-mail swaj235@lni.wa.gov, fax (360) 902-5292, by November 18, 2003. Comments submitted by fax must be ten pages or less.

     Date of Intended Adoption: November 21, 2003.

October 1, 2003

Craig Hopkins

Chair

OTS-6607.3


AMENDATORY SECTION(Amending WSR 02-23-036, filed 11/13/02, effective 12/14/02)

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.

     "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.

     "Boiler and unfired pressure vessel installation/reinstallation permit," shall mean a permit approved by the chief inspector before starting installation or reinstallation of any boiler and unfired pressure vessel in this state.

     Owner/user inspection agency's, Washington specials and rental boilers are exempt from "boiler and unfired pressure vessel installation permit."

     "Boilers and/or unfired pressure vessels" - below are definitions for types of boilers and unfired 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 (99°C);
* Capacity of 120 U.S. gallons (454 liters);
* Input of 200,000 BTU/hr (58.58 kw). Note that if input exceeds 200,000 BTU/hr (58.58 kw), other terms defined in this section may apply.
* Hot water heaters exceeding 200,000 BTU/hr (58.58 kw) must be ASME code stamped.
* 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.))
((* A flow switch shall be wired to shut off the heating source under a condition of low flow.))
((* There are no intervening stop valves on the inlet or outlet side of the unit. Any valves used for maintaining the appliance must be locked open during operation.))
((* Appliance is equipped with an ASME approved pressure relief device, with no intervening stop valves, set not to exceed the maximum allowable working pressure (MAWP) of the appliance.))
((* Unit is rated at less than 200,000 BTU/hr, and is operated at pressure and temperature no greater than 160 psig (1100 kpa) and 210°F (99°C), respectively.))
((* Heating source operation is wired in series with the circulating pump.))
((* Unit is built to the ASME code or approved by a nationally 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 Washington state board of boiler rules to a person who has passed the National Board Examination for Commissioned Inspectors.

     "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 commission card issued to a person in the employ of ((the)) Washington state, an insurance company or a company owner/user inspection agency holding a Washington state 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.

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

     "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, 70.79.040, 70.79.150, 70.79.290, 70.79.330, 70.79.350, and chapter 70.79 RCW. 02-23-036, § 296-104-010, filed 11/13/02, effective 12/14/02; 01-24-061, § 296-104-010, filed 11/30/01, effective 12/31/01. Statutory Authority: RCW 70.79.030, 70.79.040 and chapter 70.79 RCW. 00-21-024, § 296-104-010, filed 10/10/00, effective 11/13/00. 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 02-23-036, filed 11/13/02, effective 12/14/02)

WAC 296-104-050   Administration -- What examinations must a boiler inspector take?   In order to qualify as a prospective National Board Commissioned Inspector an applicant shall meet the minimum requirements as set forth in the national board's "Rules for Commissioned Inspectors," NB263, Revision 8 (4/02).

     Application for examination for certificate of competency shall be in writing upon a form to be furnished by the chief inspector stating the school and education of the applicant, a list of employers, 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, the candidate shall be given the national board and Washington state examinations. If the applicant is accepted on the merits of ((the national board examination)) these examinations or as provided for in WAC 296-104-065, a certificate of competency will be issued by the chief inspector.

     Examinations shall be held at locations and times when considered necessary by the board of boiler rules. The examinations may be offered four times each year, namely, the first Wednesday and following Thursday of the months of March, June, September and December. Special examinations may be held when considered necessary by the board.

[Statutory Authority: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, 70.79.350, and chapter 70.79 RCW. 02-23-036, § 296-104-050, filed 11/13/02, effective 12/14/02. Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, § 296-104-050, filed 10/26/99, effective 11/26/99. 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 02-23-036, filed 11/13/02, effective 12/14/02)

WAC 296-104-060   Administration--When shall an inspectors' Washington state commission((s)) be issued, suspended, or revoked?   The chief inspector shall issue a commission as a deputy or special inspector in accordance with RCW 70.79.120 and 70.79.130.

     The deputy inspector commission shall be held by the chief inspector. The deputy inspector commission shall be valid for one year and may be renewed annually at the request of the chief inspector. ((The fee for the special inspector commission is twenty-five dollars.)) The special inspector commission shall be held at the home office of the employing company and shall be valid for one year and may be renewed annually at the request of the employing company ((for a fee of ten dollars)). Inspectors shall carry identifying commission cards while they are inspecting. The state or 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.

     An inspector's commission may be suspended or revoked in accordance with RCW 70.79.180.

[Statutory Authority: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, 70.79.350, and chapter 70.79 RCW. 02-23-036, § 296-104-060, filed 11/13/02, effective 12/14/02; 02-12-021, § 296-104-060, filed 5/28/02, effective 6/28/02; 01-24-061, § 296-104-060, filed 11/30/01, effective 12/31/01. Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, § 296-104-060, filed 10/26/99, effective 11/26/99. 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 01-24-061, filed 11/30/01, effective 12/31/01)

WAC 296-104-065   Administration -- How should ((a certified or commissioned)) an inspector obtain a Washington state commission?   A commission as a deputy inspector of boilers and/or unfired pressure vessels may be issued by the chief inspector to an inspector complying with WAC 296-104-065 (1) or (4). 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 and supervision of such company provided the inspector has had the experience prescribed in ((RCW 70.79.130 and)) chapter 70-79 RCW and complies with one of the following:

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

     (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

     (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. Certified API-510 inspectors who are specifically and temporarily in the direct employ of an owner/user inspection agency as set forth in RCW 70.79.130 are exempted from the exam requirement set forth in WAC 296-104-065(1))) for pressure vessel inspection, having passed an examination covering the Washington state boilers and unfired pressure vessels law, chapters 70.79 RCW and 296-104 WAC.

     (3) Is certified by the American Petroleum Institute in accordance with API-510 for pressure vessel inspection, and specifically and temporarily in the direct employ of an owner/user inspection agency as set forth in RCW 70.79.130. This inspector shall be exempted from the state examination requirement in WAC 296-104-065(2).

     (4) Is an inspector holding the national board "A" endorsement and performs shop inspections only. This inspector shall be exempt from the exam requirement set forth in WAC 296-104-065(1).

[Statutory Authority: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, 70.79.350, and chapter 70.79 RCW. 01-24-061, § 296-104-065, filed 11/30/01, effective 12/31/01. Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, § 296-104-065, filed 10/26/99, effective 11/26/99; 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 01-24-061, filed 11/30/01, effective 12/31/01)

WAC 296-104-100   Inspection -- How often must boilers and unfired pressure vessels be inspected?   In accordance with RCW 70.79.080, 70.79.090, and 70.79.240 the following inspection requirements shall apply:

     (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 in operation and under pressure - Biennially.

     (b) Where construction permits, internally while not under pressure (((except where construction does not permit an internal) - Every 4th year.

     (c) Internally, all steam heating boilers will have as a minimum, an internal of their low water fuel cutoff)). Also, as a minimum, an internal of their low water fuel cutoff(s) must be completed, where construction permits - 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. Vessels in an owner/user inspection program may follow intervals established by the NBIC or API-510 eighth edition with supplements, provided nondestructive examination (NDE) is performed at the biennial external inspection.

     (ii) Pulp or paper dryer rolls may be inspected on a five-year basis in accordance with TAPPI TIP 0402-16 1999 edition, provided the owner has established a written inspection program accepted by the inspector that requires the minimums in section 8 of TAPPI TIP 0402-16 1999 edition.

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

[Statutory Authority: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, 70.79.350, and chapter 70.79 RCW. 01-24-061, § 296-104-100, filed 11/30/01, effective 12/31/01. Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, § 296-104-100, filed 10/26/99, effective 11/26/99; 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 02-23-036, filed 11/13/02, effective 12/14/02)

WAC 296-104-256   Installation -- What are the required clearances for boilers?   When boilers are replaced or new boilers installed in either existing or new buildings, ((minimum clearance shall be provided as specified below:

     (1))) sufficient access must be provided for inspection, maintenance, operation, and repair. As a minimum clearance at sides, front and back wall shall be the manufacturers' recommendations, but in no case less than eighteen inches. Boilers having manholes shall have five feet clearance from the manhole opening and any wall, ceiling, or piping that will prevent a person from entering the boiler.

     (((2) Clearance in front and back shall be sufficient for operation, maintenance, and repair.))

[Statutory Authority: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, 70.79.350, and chapter 70.79 RCW. 02-23-036, amended and recodified as § 296-104-256, filed 11/13/02, effective 12/14/02. Statutory Authority: RCW 70.79.030 and 70.79.040. 96-21-081, § 296-104-260, filed 10/16/96, effective 11/16/96. Statutory Authority: Chapter 70.79 RCW. 89-15-025 (Order 89-05), § 296-104-260, filed 7/13/89, effective 8/13/89; Part IV, § 13, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 02-23-036, filed 11/13/02, effective 12/14/02)

WAC 296-104-265   Installation -- What are the requirements for unfired pressure vessels installed underground ((installations))?   ((Where necessary to install a pressure vessel underground:

     (1) It shall be enclosed in a concrete or masonry pit.)) Unfired pressure vessels installed underground shall comply with the following requirements:

     (1) A pit with concrete or masonry sides and floor shall enclose the underground portion of the unfired pressure vessel.

     (2) ((If covered the)) Pit covers shall be removable.

     (3) ((A minimum clearance of 18 inches shall be provided between the pressure vessel proper and the ceiling, adjacent walls, or other structures.

     (4) All manhole openings shall have a minimum of 5 feet of clearance from any wall, ceiling, or piping that could prevent a person from entering the pit or vessel.)) Clearances shall be as required by WAC 296-104-260.

[Statutory Authority: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, 70.79.350, and chapter 70.79 RCW. 02-23-036, recodified as § 296-104-265, filed 11/13/02, effective 12/14/02. Statutory Authority: RCW 70.79.030 and 70.79.040. 97-20-109, § 296-104-320, filed 9/30/97, effective 10/31/97; Part V, § 5, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 02-23-036, filed 11/13/02, effective 12/14/02)

WAC 296-104-300   Installation -- What control and limit devices are required on automatically fired 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 cutoff; 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 after June 1989:

     (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 cutoffs, 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 cutoff.

     (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 cutoff 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 cutoff.

     (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 shall have the following additional requirements:

     (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 (CF), as adopted in WAC 296-104-200 where applicable.

     (b) A manually operated remote shutdown switch or circuit breaker shall be located just outside the boiler room door and marked for easy identification. Consideration should be given to the type and location of the switch to safeguard against tampering.

     (c) 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))) (d) 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.

     (e) A means shall be provided for testing the operation of hot water heating boiler low water fuel cutoff(s) without resorting to draining the entire system. Such means shall not render the device(s) inoperable. If the means temporarily isolates the device from the boiler during testing, it shall automatically return to its normal position.

[Statutory Authority: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, 70.79.350, and chapter 70.79 RCW. 02-23-036, recodified as § 296-104-300, filed 11/13/02, effective 12/14/02; 01-24-061, § 296-104-265, filed 11/30/01, effective 12/31/01. Statutory Authority: RCW 70.79.030, 70.79.040 and chapter 70.79 RCW. 00-21-024, § 296-104-265, filed 10/10/00, effective 11/13/00. 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 02-23-036, filed 11/13/02, effective 12/14/02)

WAC 296-104-307   Installation -- When ((do I need to provide)) are platforms around boilers required?   Provide platforms allowing safe access to each boiler, when the ((boiler)) controls, valves, manholes, or casing openings are over ten feet above the floor.

[Statutory Authority: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, 70.79.350, and chapter 70.79 RCW. 02-23-036, recodified as § 296-104-307, filed 11/13/02, effective 12/14/02. Statutory Authority: RCW 70.79.030 and 70.79.040. 97-20-109, § 296-104-300, filed 9/30/97, effective 10/31/97; Part V, § 1, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 02-23-036, filed 11/13/02, effective 12/14/02)

WAC 296-104-316   Installation -- What safety pressure relief devices are required on boilers and unfired pressure vessels?   All boiler and unfired 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 knowledgeable with boilers and pressure vessels, licensed by the state of Washington, and accepted by the chief inspector.

[Statutory Authority: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, 70.79.350, and chapter 70.79 RCW. 02-23-036, recodified as § 296-104-316, filed 11/13/02, effective 12/14/02. Statutory Authority: RCW 70.79.030, 70.79.040 and chapter 70.79 RCW. 00-21-024, § 296-104-307, filed 10/10/00, effective 11/13/00. 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 02-23-036, filed 11/13/02, effective 12/14/02)

WAC 296-104-320   Installation -- Where should the discharge from safety ((valves)) pressure relief devices, blow offs and drains be directed?   ((Direct the)) Discharge from safety ((valves)) pressure relief devices, blow offs and drains shall be directed to a safe point of discharge to prevent injury to personnel ((or)) and property. ((Run the discharge line outside the building from single or multiple safety valves on boilers, pressure vessels)) Discharge lines from boilers, accumulators, or headers, with a capacity of ((5,000)) 1,000 pounds of steam per hour or more, shall be directed outside of the building.

[Statutory Authority: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, 70.79.350, and chapter 70.79 RCW. 02-23-036, recodified as § 296-104-320, filed 11/13/02, effective 12/14/02. Statutory Authority: RCW 70.79.030 and 70.79.040. 98-22-024, § 296-104-310, filed 10/28/98, effective 11/28/98; 97-20-109, § 296-104-310, filed 9/30/97, effective 10/31/97; Part V, § 3, filed 3/23/60.]


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

WAC 296-104-325   Installation -- What are the requirements for boiler and unfired pressure vessel supports?   Each boiler or unfired pressure vessel shall be supported by masonry or structural supports of sufficient strength and rigidity to safely support the vessel and its contents. There shall be no excessive vibration in either the vessel or its connecting piping.

[Statutory Authority: RCW 70.79.030 and 70.79.040. 97-20-109, § 296-104-325, filed 9/30/97, effective 10/31/97; Part V, § 6, filed 3/23/60.]


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

WAC 296-104-405   Existing installation -- How can the maximum allowable working pressure be established for nonstandard boilers or unfired pressure vessels?   The maximum allowable working pressure MAWP shall be established as follows:

     (1) For nonstandard steel low pressure steam heating boilers the MAWP shall be computed from the formula in subsection (5) of this section not exceeding 15 psi steam.

     (2) For nonstandard steel low pressure water heating boilers the MAWP shall be computed from the formula in subsection (5) of this section not exceeding ((160)) 30 psi.

     (3) For nonstandard cast iron low pressure steam heating boilers the MAWP shall not exceed 15 psi steam.

     (4) For nonstandard cast iron low pressure water heating boilers the MAWP shall not exceed 30 psi.

     (5) For boilers and unfired pressure vessels not listed above, where the original code of construction is unknown, the following formula will be used.


TS x t x E

= M A W P
R x FS
TS = Tensile Strength in psi as given in ASME Code, when material cannot be identified use 55,000 for steel and 45,000 for wrought iron.
t = thickness in inches of the thinnest part determined by actual measurement.
E = efficiency of longitudinal joint or ligament, whichever is the least, determined by the rules and formula in the ASME Code. When construction methods are not known welded joint efficiency will be 70%.
R = radius of largest course in inches.
FS = Factor of Safety, for boilers shall be a minimum of 5. For boilers with a longitudinal lap seam it shall be a minimum 8. Boilers with a longitudinal lap seam, unless granted a special permit, may only be used at a maximum of 15 psi provided they have passed inspection. The minimum for unfired pressure vessels shall be 4 when less than 20 years old, 4 1/2 when over 20 years old.

     (6) For miniature hobby boilers the MAWP shall be computed using the formulas referenced in the ASME Code Section I, but the MAWP may not exceed 150 psi. For these formulas the maximum allowable stress (MAS) value shall be 0.75 times the maximum stress at 400 degrees F. in ASME Code Section II Part D, for listed materials or as set by the department for nonlisted materials.

[Statutory Authority: RCW 70.79.030 and 70.79.040. 98-22-024, § 296-104-405, filed 10/28/98, effective 11/28/98; 97-20-109, § 296-104-405, filed 9/30/97, effective 10/31/97; Part VI, § 2, filed 3/23/60.]


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

WAC 296-104-510   Repairs -- ((Do riveted patches require prior approval)) When a lap seam crack is discovered along a riveted longitudinal joint on a boiler or unfired pressure vessel, what action is required and what repairs are allowed?   ((Yes, prior to applying riveted patches the design of the patch and method of installation shall be approved by the inspector.)) A "lap seam crack" is a crack found in a riveted lap seam, extending parallel to the longitudinal joint and located either between or adjacent to rivet holes. Repairs to a "lap seam crack" on a shell or drum of any boiler or unfired pressure vessel is not allowed. The shell or drum of any boiler or unfired pressure vessel in which a lap seam crack is discovered shall be immediately discontinued from use.

[Statutory Authority: RCW 70.79.030 and 70.79.040. 98-22-024, § 296-104-510, filed 10/28/98, effective 11/28/98; Part VII, § 3, filed 3/23/60.]


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

WAC 296-104-515   Repairs -- ((What are the requirements for repair of nonnuclear safety devices)) Do riveted repairs to boilers and unfired pressure vessels require prior approval?   ((The resetting, repairing, and restamping of safety valves and relief valves shall be done by a qualified manufacturer or valve repair organization holding a valid "V," "UV," or "VR" Certificate of Authorization issued by the National Board of Boiler and Pressure Vessel Inspectors. Section IV safety valves shall be repaired only by the valve manufacturer.

     Boiler and pressure vessel users, however, may authorize external adjustments to be made to bring their installed safety valves and relief valves, except Section IV safety valves, back to the stamped set pressure. This adjustment shall be witnessed and approved by a National Board Commissioned Inspector. All such external adjustments shall be resealed showing the identification of the organization making the adjustments and the date.

     Repairing of noncode relief or safety valves shall not be allowed, except as specified below. Noncode liquid relief valves installed prior to 1-1-85 shall be repaired by an organization holding a valid "V," "UV," or "VR" Certificate of Authorization, but need not be stamped.)) Yes, riveted repairs to boilers and unfired pressure vessels requires prior approval by the chief inspector.

[Statutory Authority: RCW 70.79.030 and 70.79.040. 98-22-024, § 296-104-515, filed 10/28/98, effective 11/28/98. Statutory Authority: RCW 70.79.030. 86-04-059 (Order 86-01), § 296-104-515, filed 2/4/86. Statutory Authority: RCW 70.79.030 and 70.79.330. 84-21-012 (Order 84-20), § 296-104-515, filed 10/5/84; Part VII, § 4, filed 3/23/60.]


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

WAC 296-104-520   Repairs -- ((When a lap seam crack is discovered along a riveted longitudinal joint what action is required and what repairs are allowed)) What are the requirements for repair of nonnuclear safety devices?   (((1) A "lap seam crack" is a crack found in riveted lap seams, extending parallel to the longitudinal joint and located either between or adjacent to rivet holes.

     (2) The shell or drum of any boiler or unfired pressure vessel in which a lap seam crack is discovered along a longitudinal riveted joint shall be immediately discontinued from use.

     (3) If the boiler or unfired pressure vessel is not more than 15 years of age, a complete new course of the original thickness may be installed at the discretion of the inspector (and after approval of the chief inspector).

     (4) If the boiler or unfired pressure vessel is over 15 years of age the shell or drum of the boiler or unfired pressure vessel shall be replaced.

     (5) Patching of a lap seam is prohibited.)) The resetting, repairing, and restamping of safety valves and relief valves shall be done by a qualified manufacturer or valve repair organization holding a valid "V," "UV," or "VR" Certificate of Authorization issued by the National Board of Boiler and Pressure Vessel Inspectors. Section IV safety valves shall be repaired only by the valve manufacturer.

     Boiler and pressure vessel users, however, may authorize external adjustments to be made to bring their installed safety valves and relief valves, except Section IV safety valves, back to the stamped set pressure. This adjustment shall be witnessed and approved by a National Board Commissioned Inspector. All such external adjustments shall be resealed showing the identification of the organization making the adjustments and the date.

     Repairing of noncode relief or safety valves shall not be allowed, except as specified below. Noncode liquid relief valves installed prior to 1-1-85 shall be repaired by an organization holding a valid "V," "UV," or "VR" Certificate of Authorization, but need not be stamped.

[Statutory Authority: RCW 70.79.030 and 70.79.040. 98-22-024, § 296-104-520, filed 10/28/98, effective 11/28/98; Part VII, § 5, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 03-12-051, filed 5/30/03, effective 6/30/03)

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


Heating boilers:
 Internal External
     Cast iron -- All sizes 29.40 23.50
     All other boilers less than 500 sq. ft. 35.40 23.50
500 sq. ft. to 2500 sq. ft. 59.00 29.40
Each additional 2500 sq. ft.

     of total heating surface,

     or any portion thereof

23.50

11.70
Power boilers: Internal External
     Less than 100 sq. ft. 29.40 23.50
          100 sq. ft. to less than

          500 sq. ft.

35.40

23.50
     500 sq. ft. to 2500 sq. ft. 59.00 29.40
     Each additional 2500 sq. ft. of total heating surface, or any portion thereof

23.50

11.70
Pressure vessels:
     Automatic utility hot water supply heaters per RCW 70.79.090

5.70
     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. 23.50 17.60
          15 sq. ft. to less than 50 sq. ft. 35.40 17.60
          50 sq. ft. to 100 sq. ft. 41.20 23.50
          For each additional 100 sq. ft. or any portion thereof

41.20

11.70

Certificate of inspection fees: For objects inspected, the certificate of inspection fee is $17.60 per object.
Boiler and pressure vessel installation/reinstallation permit (excludes inspection and certificate of inspection fee) $50.00

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

          For each hour or part of an hour up to 8 hours		 35.40
          For each hour or part of an hour in excess of 8 hours 53.00

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 53.00
          For each hour or part of an hour in excess of 8 hours 82.60

Nonnuclear triennial shop survey and audit:
    
     When state is authorized inspection agency:
          For each hour or part of an hour up to 8 hours 35.40
          For each hour or part of an hour in excess of 8 hours 53.00
     When insurance company is authorized inspection agency:
          For each hour or part of an hour up to 8 hours 53.00
          For each hour or part of an hour in excess of 8 hours 82.60

     Examination fee: A fee of $65.40 will be charged for each applicant sitting for an inspection examination(s).


     Special inspector commission: An initial fee of $25 and an annual renewal fee of $10 will be charged.


Expenses shall include:

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


Washington state specials: For each vessel to be considered by the board for a Washington state special certificate, a fee of $327.60 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, 70.79.040, 70.79.150, 70.79.290, 70.79.330, 70.79.350, and chapter 70.79 RCW. 03-12-051, § 296-104-700, filed 5/30/03, effective 6/30/03; 02-23-036, § 296-104-700, filed 11/13/02, effective 12/14/02; 02-12-021, § 296-104-700, filed 5/28/02, effective 6/28/02; 01-24-061, § 296-104-700, filed 11/30/01, effective 12/31/01; 01-12-034, § 296-104-700, filed 5/29/01, effective 6/29/01. Statutory Authority: RCW 70.79.030, 70.79.040 and chapter 70.79 RCW. 00-21-024, § 296-104-700, filed 10/10/00, effective 11/13/00. Statutory Authority: RCW 70.79.030 and 70.79.040. 99-08-049, § 296-104-700, filed 4/1/99, effective 5/2/99; 98-09-064, § 296-104-700, filed 4/20/98, effective 5/21/98. Statutory Authority: RCW 70.79.040. 93-12-014, § 296-104-700, filed 5/21/93, effective 6/21/93. Statutory Authority: RCW 70.79.030 and 70.79.330. 84-21-012 (Order 84-20), § 296-104-700, filed 10/5/84; 84-11-016 (Order 84-09), § 296-104-700, filed 5/10/84; 82-24-025 (Order 82-36), § 296-104-700, filed 11/23/82, effective 1/1/83; Order 77-23, § 296-104-700, filed 11/8/77; Emergency Order 77-22, § 296-104-700, filed 11/8/77.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 296-104-055 Administration--What are the examination fees?
WAC 296-104-530 Repairs -- Can air or vapor testing be performed?

Legislature Code Reviser 

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