WSR 07-11-137

PERMANENT RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed May 22, 2007, 9:58 a.m. , effective June 30, 2007 ]


Effective Date of Rule: June 30, 2007.

Purpose: The board of boiler rules is proposing a 3.38% (rounded down to the nearest tenth of a dollar) general fee increase. The 3.38% rate is the office of financial management's maximum allowable fiscal growth rate factor for fiscal year 2007. The general fee increase is necessary to help offset inflation and to maintain the financial health and operational effectiveness of the program. The board also recommended making clarifying changes to how rules are interpreted and revised.

Citation of Existing Rules Affected by this Order: Amending WAC 296-104-018 and 296-104-700.

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

Adopted under notice filed as WSR 07-08-090 on April 3, 2007.

Changes Other than Editing from Proposed to Adopted Version: There was a calculation error in WAC 296-104-700, the current fee of $25.60 was changed to $26.40, instead of $25.80.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

Date Adopted: May 22, 2007.

Craig Hopkins, Chair

Board of Boiler Rules

OTS-9654.4


AMENDATORY SECTION(Amending WSR 05-22-092, filed 11/1/05, effective 1/1/06)

WAC 296-104-018   Administration -- How are rules interpreted and revised?   Stakeholders may request clarifications and interpretations of these rules by contacting the chief inspector. Interpretations will be brought to the board if the inquirer is aggrieved by the interpretation of the chief inspector (RCW 70.79.360). The board will consider written requests for interpretations and revisions to these definitions, rules, and regulations. Inquiries shall be limited to requests for interpretation of the rules or to proposed revisions to the existing rules and shall be submitted to the department of labor and industries forty-five days prior to the board of boiler rules meeting date. The requests shall be in writing upon the form furnished by the chief inspector located on the boiler program web site. Requests not using the form must be in the following format:

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

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

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

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

Inquiries shall be submitted by mail to:

Board of Boiler Rules

((%)) c/o Chief Inspector

Department of Labor & Industries

Boiler Section

P.O. Box 44410

Olympia, WA 98504-4410


or


Inquiries shall be submitted by delivery to:

Board of Boiler Rules

((%)) c/o Chief Inspector

Department of Labor & Industries

Boiler Section

7273 Linderson Way SW

Tumwater, WA 98501


or


Inquiries shall be submitted electronically to:

Board of Boiler Rules

c/o Chief Inspector

BoilerBoardInquires@lni.wa.gov

[Statutory Authority: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, and 70.79.350. 05-22-092, 296-104-018, filed 11/1/05, effective 1/1/06. Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, 296-104-018, filed 10/26/99, effective 11/26/99. Statutory Authority: RCW 70.79.040. 92-11-070, 296-104-018, filed 5/20/92, effective 6/20/92.]


AMENDATORY SECTION(Amending WSR 06-12-032, filed 5/31/06, effective 7/1/06)

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 $((32.00)) 33.00 $((25.60)) 26.40
All other boilers less than 500 sq. ft. $((38.60)) 39.60 $((25.60)) 26.40
500 sq. ft. to 2500 sq. ft. $((63.70)) 65.80 $((32.00)) 33.00
Each additional 2500 sq. ft.

of total heating surface,

or any portion thereof

$((25.60)) 26.40 $((12.60)) 13.00
Power boilers: Internal External
Less than 100 sq. ft. $((32.00)) 33.00 $((25.60)) 26.40
100 sq. ft. to less than

500 sq. ft.

$((38.60)) 39.90 $((25.60)) 26.40
500 sq. ft. to 2500 sq. ft. $((63.70)) 65.80 $((32.00)) 33.00
Each additional 2500 sq. ft. of total heating surface, or any portion thereof $((25.60)) 26.40 $((12.60)) 13.00
Pressure vessels:
Automatic utility hot water supply heaters per RCW 70.79.090 $((6.00))

6.20

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. $((25.60)) 26.40 $((19.10)) 19.70
15 sq. ft. to less than 50 sq. ft. $((38.00)) 39.20 $((19.10 )) 19.70
50 sq. ft. to 100 sq. ft. $((44.20)) 45.60 $((25.60)) 26.40
For each additional 100 sq. ft. or any portion thereof $((44.20)) 45.60 $((12.60)) 13.00

Certificate of inspection fees: For objects inspected, the certificate of inspection fee is $((19.10)) 19.70 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
$((38.60))

39.90

For each hour or part of an hour in excess of 8 hours $((57.70))

59.60


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 $((57.70))

59.60

For each hour or part of an hour in excess of 8 hours $((90.10))

93.10


Nonnuclear triennial shop survey and audit:

When state is authorized inspection agency:
For each hour or part of an hour up to 8 hours $((38.60))

39.90

For each hour or part of an hour in excess of 8 hours $((57.70))

59.60

When insurance company is authorized inspection agency:
For each hour or part of an hour up to 8 hours $((57.70))

59.60

For each hour or part of an hour in excess of 8 hours $((90.10))

93.10


Examination fee: A fee of $((71.30)) 73.70 will be charged for each applicant sitting for an inspection examination(s).


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


Expenses shall include:

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


Requests for Washington state specials and extensions of inspection frequency: For each vessel to be considered by the board ((for a Washington state special certificate)), a fee of $((358.00)) 370.10 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, and 70.79.350. 06-12-032, 296-104-700, filed 5/31/06, effective 7/1/06; 05-12-028, 296-104-700, filed 5/24/05, effective 6/30/05. Statutory Authority: Chapter 70.79 RCW. 04-21-069, 296-104-700, filed 10/19/04, effective 1/1/05; 04-13-044, 296-104-700, filed 6/10/04, effective 6/30/04. Statutory Authority: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, 70.79.350, and chapter 70.79 RCW. 04-01-194, 296-104-700, filed 12/24/03, effective 1/24/04; 03-12-051, 296-104-700, filed 5/30/03, effective 6/30/03; 02-23-036, 296-104-700, filed 11/13/02, effective 12/14/02; 02-12-021, 296-104-700, filed 5/28/02, effective 6/28/02; 01-24-061, 296-104-700, filed 11/30/01, effective 12/31/01; 01-12-034, 296-104-700, filed 5/29/01, effective 6/29/01. Statutory Authority: RCW 70.79.030, 70.79.040 and chapter 70.79 RCW. 00-21-024, 296-104-700, filed 10/10/00, effective 11/13/00. Statutory Authority: RCW 70.79.030 and 70.79.040. 99-08-049, 296-104-700, filed 4/1/99, effective 5/2/99; 98-09-064, 296-104-700, filed 4/20/98, effective 5/21/98. Statutory Authority: RCW 70.79.040. 93-12-014, 296-104-700, filed 5/21/93, effective 6/21/93. Statutory Authority: RCW 70.79.030 and 70.79.330. 84-21-012 (Order 84-20), 296-104-700, filed 10/5/84; 84-11-016 (Order 84-09), 296-104-700, filed 5/10/84; 82-24-025 (Order 82-36), 296-104-700, filed 11/23/82, effective 1/1/83; Order 77-23, 296-104-700, filed 11/8/77; Emergency Order 77-22, 296-104-700, filed 11/8/77.]

Washington State Code Reviser's Office