WSR 04-17-100

PROPOSED RULES

BOARD OF

BOILER RULES

[ Filed August 17, 2004, 11:18 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 04-08-114.

     Title of Rule and Other Identifying Information: Board of Boiler Rules -- Substantive, chapter 296-104 WAC.

     Hearing Location(s): Department of Labor and Industries, 950 Broadway, Suite 200, Tacoma, WA, on September 21, 2004, at 10:00 a.m.

     Date of Intended Adoption: October 19, 2004.

     Submit Written Comments to: Christine Swanson, 7273 Linderson Way, Olympia, WA 98504-4400, e-mail copc235@lni.wa.gov, fax (360) 902-5292, by September 22, 2004.

     Assistance for Persons with Disabilities: Contact Christine Swanson by September 7, 2004, (360) 902-6411.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: 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 provision from nationally recognized consensus codes adopted by the Board of Boiler Rules;

•     Eliminating unnecessary definitions;

•     Making changes to ensure consistency with statute;

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

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

     Reasons Supporting Proposal: See Purpose above.

     Statutory Authority for Adoption: Chapter 70.79 RCW.

     Statute Being Implemented: Chapter 70.79 RCW.

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

     Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: See Purpose above.

     Name of Proponent: Board of Boiler Rules, governmental.

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

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The Board of Boiler Rules evaluated the proposed rules and determined that there is no increase in costs to business, therefore, we did not prepare a small business economic impact statement or a cost-benefit analysis.

     A cost-benefit analysis is not required under RCW 34.05.328. The Board of Boiler Rules evaluated the proposed rules and determined that there is no increase in costs to business, therefore, we did not prepare a small business economic impact statement or a cost-benefit analysis.

August 17, 2004

Craig Hopkins

Chair

OTS-7387.1


AMENDATORY SECTION(Amending WSR 04-01-194, filed 12/24/03, effective 1/24/04)

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 automatic 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)) within the jurisdiction of Washington.

     Owner/user inspection agency's, and Washington specials ((and rental boilers)) are exempt from "boiler and unfired pressure vessel installation/reinstallation 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 for further use by legal requirements and appropriately marked 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 fabricated and listed by a nationally recognized testing agency and shall be protected with an approved temperature and pressure safety relief valve 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.
• "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)) tests as set forth in WAC 296-104-050.

     "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)) addenda 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 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. 04-01-194, § 296-104-010, filed 12/24/03, effective 1/24/04; 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 04-01-194, filed 12/24/03, effective 1/24/04)

WAC 296-104-050   Administration -- What ((examinations must)) are the requirements for 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 examination and the Washington state examination((s)). If the applicant is accepted on the merits of 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 of boiler rules.

[Statutory Authority: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, 70.79.350, and chapter 70.79 RCW. 04-01-194, § 296-104-050, filed 12/24/03, effective 1/24/04; 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 04-01-194, filed 12/24/03, effective 1/24/04)

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. Also, as a minimum, an internal of their low water fuel cutoff(s) must be completed, where construction permits - Biennially.

     (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)) addenda, 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)) 2001 edition, provided the owner has established a written inspection program accepted by the inspector that ((requires the minimums in section 8)) meets the minimum requirements 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. 04-01-194, § 296-104-100, filed 12/24/03, effective 1/24/04; 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 01-24-061, filed 11/30/01, effective 12/31/01)

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))) (1) The standard for inspection of nonnuclear boilers, unfired pressure vessels, and safety devices is the National Board Inspection Code (NBIC), 2001 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).

     (2) The standard for inspection of historical steam boilers of riveted construction preserved, restored, or maintained for hobby or demonstration use, shall be Appendix "C" of the National Board Inspection Code as referenced in subsection (1) of this section.

     (3) The standard for inspection of nuclear items is ASME section XI. The applicable 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)) addenda. This code may be used on or after the date of issue.

     (5) TAPPI TIP 0402-16, dated ((1999)) 2001 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, 70.79.040, 70.79.150, 70.79.290, 70.79.330, 70.79.350, and chapter 70.79 RCW. 01-24-061, § 296-104-102, filed 11/30/01, effective 12/31/01. Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, § 296-104-102, filed 10/26/99, effective 11/26/99; 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 02-23-036, filed 11/13/02, effective 12/14/02)

WAC 296-104-140   Inspection -- How should a state stamp be applied?   Upon completion of the installation, all boilers and unfired pressure vessels shall be inspected by an inspector as defined in WAC 296-104-010. 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." The marking should be conspicuously located and as close as possible to the boiler or unfired pressure vessel nameplate.

     Washington special numbers when assigned by the chief inspector shall be ((preceded)) a serial number of the state of Washington followed 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 inches in height and shall not be concealed by lagging or paint and shall be exposed at all times.

[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, § 296-104-140, filed 11/13/02, effective 12/14/02. Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, § 296-104-140, filed 10/26/99, effective 11/26/99; 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 02-23-036, filed 11/13/02, effective 12/14/02)

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, ((2001)) 2004 edition, with addenda Sections I, III, IV, VIII, X;

     (2) ASME((/ANSI)) PVHO-1 (((Standard for Pressure Vessels for Human Occupancy), 1997 edition)) 2002-2003 Safety Standard for Pressure Vessels for Human Occupancy; and

     (3) ASME CSD-1 ((1998)) 2002 edition with addenda (as referenced in WAC 296-104-300(3)); and

     (4) NFPA 85 Boiler and Combustion Systems Hazards Code 2001 edition (for use with boilers with fuel input ratings over 12, 500,000 BTU/hr); and

     (5) Standards of construction approved by the chief inspector and meeting the National Board Criteria for Registration of Boilers, Pressure Vessels and Other Pressure Retaining Items.

     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). ASME Code Cases may be approved for use when accepted by the chief inspector. 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, 70.79.040, 70.79.150, 70.79.290, 70.79.330, 70.79.350, and chapter 70.79 RCW. 02-23-036, § 296-104-200, filed 11/13/02, effective 12/14/02; 01-24-061, § 296-104-200, 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, § 296-104-200, filed 10/10/00, effective 11/13/00. 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 04-01-194, filed 12/24/03, effective 1/24/04)

WAC 296-104-300   Installation -- What control and limit devices are required on automatically fired boilers prior to June 1989?   (((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))) (1) An automatic low-water fuel cutoff; and

     (((b))) (2) An automatic water feeding device.

     (((c))) (3) 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 should be located just outside the boiler room door and marked for easy identification. Consideration shall 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.

     (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. 04-01-194, § 296-104-300, filed 12/24/03, effective 1/24/04; 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.]


NEW SECTION
WAC 296-104-301   Installation -- What control and limit devices are required on automatically fired boilers after June 1989?   In addition to those requirements listed in WAC 296-104-300, the following are also required:

     (1) 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:

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

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

     (c) 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.

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

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

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

     (b) One low-water fuel cutoff with a manual reset and independent of the feed water controller.

     (c) 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.

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

[]


NEW SECTION
WAC 296-104-302   Installation -- What control and limit devices are required on automatically fired boilers after December 1998?   In addition to those requirements listed in WAC 296-104-301, the following are also required with regard to installations or refits of gas, oil, or combinations of gas or oil:

     (1) 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.

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

     (3) 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.

[]


NEW SECTION
WAC 296-104-303   Installation -- What control and limit devices are required on automatically fired boilers after December 2004?   In addition to those requirements listed in WAC 296-104-302, the following are also required with regard to installations or refits of gas, oil, or combinations of gas or oil:

     (1) A manually operated remote shutdown switch or circuit breaker should 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. If the boiler room door is on the building exterior, the switch should be located just inside the door. If there is more than one door to the boiler room, there should be a switch located at each door.

     (2) 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.

[]


AMENDATORY SECTION(Amending WSR 04-01-194, filed 12/24/03, effective 1/24/04)

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 of cylindrical components under internal pressure 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 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, 70.79.040, 70.79.150, 70.79.290, 70.79.330, 70.79.350, and chapter 70.79 RCW. 04-01-194, § 296-104-405, filed 12/24/03, effective 1/24/04. 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 02-23-036, filed 11/13/02, effective 12/14/02)

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. Additionally, repairs and alterations to nonstandard boilers and pressure vessels, as addressed in WAC 296-104-215, must be authorized by the chief inspector.

     Repairs((/)) and 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((/)) and alterations to boilers and unfired pressure vessels operated by their respective companies per RCW 70.79.130.

     Documentation of repairs and alterations, in accordance with the requirements of the National Board Inspection Code (NBIC) as adopted in WAC 296-104-102, shall be submitted to the department.

[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, § 296-104-502, filed 11/13/02, effective 12/14/02; 01-24-061, § 296-104-502, 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, § 296-104-502, filed 10/10/00, effective 11/13/00. 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 04-01-194, filed 12/24/03, effective 1/24/04)

WAC 296-104-520   Repairs -- What are the requirements for repair of nonnuclear safety devices?   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((.)) when performed by the user's trained, qualified, regular, and full-time employee or this adjustment shall be witnessed and approved by a National Board Commissioned Inspector. Refer to Appendix "J" of the National Board Inspection Code as referenced in WAC 296-104-102 for guidelines in training and qualifying user employees. 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, 70.79.040, 70.79.150, 70.79.290, 70.79.330, 70.79.350, and chapter 70.79 RCW. 04-01-194, § 296-104-520, filed 12/24/03, effective 1/24/04. 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 04-13-044, filed 6/10/04, effective 6/30/04)

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


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

     of total heating surface,

     or any portion thereof

$24.20

$12.00
Power boilers: Internal External
     Less than 100 sq. ft. $30.30 $24.20
          100 sq. ft. to less than

          500 sq. ft.

$36.50

$24.20
     500 sq. ft. to 2500 sq. ft. $60.80 $30.30
     Each additional 2500 sq. ft. of total heating surface, or any portion thereof

$24.20

$12.00
Pressure vessels:
     Automatic utility hot water supply heaters per RCW 70.79.090

$5.80
     All other pressure vessels:
     Square feet shall be determined by multiplying the length of the shell by its diameter.
Internal External
          Less than 15 sq. ft. $24.20 $18.10
          15 sq. ft. to less than 50 sq. ft. $36.50 $18.10
          50 sq. ft. to 100 sq. ft. $42.50 $24.20
          For each additional 100 sq. ft. or any portion thereof

$42.50

$12.00

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

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

          For each hour or part of an hour up to 8 hours		 $36.50
          For each hour or part of an hour in excess of 8 hours $54.60

Nuclear shop inspections, nuclear field construction inspections, and nuclear triennial shop survey and audit:
          For each hour or part of an hour up to 8 hours $54.60
          For each hour or part of an hour in excess of 8 hours $85.20

Nonnuclear triennial shop survey and audit:
    
     When state is authorized inspection agency:
          For each hour or part of an hour up to 8 hours $36.50
          For each hour or part of an hour in excess of 8 hours $54.60
     When insurance company is authorized inspection agency:
          For each hour or part of an hour up to 8 hours $54.60
          For each hour or part of an hour in excess of 8 hours $85.20

     Examination fee: A fee of $67.40 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)) along with an annual work card fee of $15.


Expenses shall include:

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


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

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


AMENDATORY SECTION(Amending WSR 00-21-024, filed 10/10/00, effective 11/13/00)

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 296-104-502:


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 296-104-502:


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 insurance company responsible for the inservice inspector of a boiler or unfired pressure vessel that violates a provision of chapter 296-104 WAC, or the rules adopted under that chapter, is liable for a civil penalty based on the following schedule.


     Failure to file a report of inspection per WAC 296-104-040:


Each offense . . . . . . . . . . . . $50.00

     Failure to apply a state serial number per WAC 296-104-140:


Each offense . . . . . . . . . . . . $50.00

     Failure to attach a "Red TAG" per WAC 296-104-110:


Each offense . . . . . . . . . . . . $50.00

     Each object (boiler or unfired pressure vessel) is considered a separate offense.

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

     (((3))) (4) 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))) (5) 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: RCW 70.79.030, 70.79.040 and chapter 70.79 RCW. 00-21-024, § 296-104-701, filed 10/10/00, effective 11/13/00. Statutory Authority: Chapter 70.79 RCW. 87-12-003 (Order 87-10), § 296-104-701, filed 5/21/87.]

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