WSR 09-08-107

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES
(Board of Boiler Rules)

[ Filed March 31, 2009, 10:10 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 09-04-078.

     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 May 6, 2009, at 10:00 a.m.

     Date of Intended Adoption: May 27, 2009.

     Submit Written Comments to: Sally Elliott, Department of Labor and Industries, P.O. Box 44400, Olympia, WA 98504-4400, e-mail yous235@lni.wa.gov, fax (360) 902-5292, by 5:00 p.m. on May 6, 2009.

     Assistance for Persons with Disabilities: Contact Sally Elliott by April 15, 2009, yous235@lni.wa.gov or (360) 902-6411.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule making is to make clarification and technical changes to the Board of boiler rules -- Substantive, chapter 296-104 WAC, based on actions and requests of the board of boiler rules. The changes will:

• Reduces board meetings from five times a year to four and allows the department to set times, date and location of board meetings with board approval, as the department has access to meeting room calendars.
• Keep the requirements for rules interpretation but moves the procedure to the boiler web site.
• Establish rules for applying for Washington state specials and extension of inspection frequency.
• Amend the rule to conform with the adopted API-510 and the NBIC.
• Eliminate confusion of the term "agent."
• Remove conflict between rules and adopted code.
• Remove installation standards from construction codes.
• Remove International Building Code (IBC) requirement from the boiler rules.

     Reasons Supporting Proposal: See Purpose above.

     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.

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

     Name of Proponent: Board of boiler rules, governmental.

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

     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.

     A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis was not prepared because the costs associated with the proposed changes are exempted by law since the proposed changes are updating the rule for clarification (see RCW 19.85.025 referencing RCW 34.05.310(4) and 34.05.328 (5)(b)(vi)).

March 31, 2009

Steven E. Bacon, Chair

Board of Boiler Rules

OTS-2259.2


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

WAC 296-104-015   Administration -- When and where are the board meetings held?   The board of boiler rules shall hold its regular meetings in ((January)) February, ((March,)) May, September and November of each year. The time, place, and date of each regular meeting shall be set by the ((chairman of the board)) department, approved by the board chair and published annually. Special meetings may be called by the chair.

[Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, § 296-104-015, filed 10/26/99, effective 11/26/99; 95-19-058, § 296-104-015, filed 9/15/95, effective 10/16/95. Statutory Authority: RCW 70.79.040. 91-11-107, § 296-104-015, filed 5/22/91, effective 6/22/91. Statutory Authority: RCW 70.79.050. 90-07-082, § 296-104-015, filed 3/21/90, effective 4/21/90. Statutory Authority: RCW 70.79.040 and 70.79.050. 86-01-088 (Order 85-26), § 296-104-015, filed 12/19/85; Order 72-11, § 296-104-015, filed 7/7/72.]


AMENDATORY SECTION(Amending WSR 07-11-137, filed 5/22/07, effective 6/30/07)

WAC 296-104-018   Administration -- How are rules interpreted and revised?   Stakeholders ((may)) requests for clarifications and interpretations of these rules ((by contacting)) shall be made to the chief inspector in writing upon the form furnished by the chief inspector located on the boiler program web site. Interpretations will be brought to the board in the same manner if the inquirer is aggrieved by the interpretation of the chief inspector (RCW 70.79.360). ((The)) For 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)) consideration the form must be submitted to the department of labor and industries forty-five days prior to the board of boiler rules meeting date. Forms may also be requested by contacting the department.

[Statutory Authority: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, and 70.79.350. 07-11-137, § 296-104-018, filed 5/22/07, effective 6/30/07; 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.]


NEW SECTION
WAC 296-104-019   Administration -- How are Washington state specials and extensions of inspection frequencies for boilers and pressure vessels obtained?   Stakeholders may request a Washington state special or an extension of inspection frequencies for boilers and pressure vessels by submitting a written request to the board of boiler rules. The request shall be in writing upon the appropriate form furnished by the chief inspector located on the boiler program web site. These requests shall be submitted to the department of labor and industries forty-five days prior to the board of boiler rules meeting date.

     (1) Washington state specials may be granted for boilers and pressure vessels that meet the requirements of RCW 70.79.060, WAC 296-104-205, 296-104-210, and 296-104-220.

     (2) Extension of inspection frequencies may be granted for boilers and pressure vessels that meet the requirements of RCW 70.79.240 and 70.79.260.

[]


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

WAC 296-104-020   Administration -- What are the filing requirements for boilers and unfired pressure vessels before their installation/reinstallation?   A "boiler and pressure vessel installation/reinstallation permit," as defined in WAC 296-104-010 shall be submitted by the owner or ((agent and)) designee on a form approved 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, § 296-104-020, filed 11/13/02, effective 12/14/02; 01-24-061, § 296-104-020, filed 11/30/01, effective 12/31/01. Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, § 296-104-020, filed 10/26/99, effective 11/26/99; 95-19-058, § 296-104-020, filed 9/15/95, effective 10/16/95; Order 74-37, § 296-104-020, filed 11/8/74; Part II, § 1, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 08-12-015, filed 5/27/08, effective 6/30/08)

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) Externally while under pressure - Annually.

     (b) Internally and externally while not under pressure - Annually, except as noted in the following paragraph.

     A power boiler in a national board accredited owner-user inspection program may have the internal inspection intervals extended by the owner-user inspection organization to five years maximum under the following conditions:

     (i) The boiler water treatment and specific chemical limits are prescribed and monitored by an individual or company that specializes in the water treatment field;

     (ii) Nondestructive examination (NDE) is performed along with the internal inspections;

     (iii) The boiler is monitored within a manned operating facility;

     (iv) Inspection, maintenance, and water treatment records are maintained;

     (v) There is sufficient inspection history for the boiler or a boiler in similar service to justify the increase in the inspection interval; and

     (vi) This provision shall not apply to a black liquor recovery boiler or any boiler with an unsuitable corrosion rate, remaining life, and/or repair history.

     (2) Organic vapor boilers shall be inspected:

     (a) Externally while under pressure - Annually.

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

     (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 ninth edition with 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 2001 edition, provided the owner has established a written inspection program accepted by the inspector that meets the minimum requirements of TAPPI TIP 0402-16 2001 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, and 70.79.350. 08-12-015, § 296-104-100, filed 5/27/08, effective 6/30/08. Statutory Authority: Chapter 70.79 RCW. 04-21-069, § 296-104-100, filed 10/19/04, effective 1/1/05. 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 08-24-072, filed 12/1/08, effective 1/1/09)

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, 2007 edition, with addenda Sections I, III, IV, VIII, Division 1, 2, 3, X, XII;

     (2) ASME PVHO-1 2007 Safety Standard for Pressure Vessels for Human Occupancy; and

     (3) ((ASME CSD-1 Part CF 2004 edition with addenda; and

     (4) NFPA 85 Boiler and Combustion Systems Hazards Code 2004 edition (for use with boilers with fuel input ratings of 12, 500,000 BTU/hr) or greater; 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, and 70.79.350. 08-24-072, § 296-104-200, filed 12/1/08, effective 1/1/09; 08-12-015, § 296-104-200, filed 5/27/08, effective 6/30/08; 06-24-042, § 296-104-200, filed 11/30/06, effective 1/1/07; 05-22-092, § 296-104-200, filed 11/1/05, effective 1/1/06. Statutory Authority: Chapter 70.79 RCW. 04-21-069, § 296-104-200, filed 10/19/04, effective 1/1/05. 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 01-24-061, filed 11/30/01, effective 12/31/01)

WAC 296-104-205   Construction -- What are the requirements for nonstandard new construction?   Those boilers and unfired pressure vessels that are exempted by the codes adopted in WAC 296-104-200 due to volume, temperature or pressure requirements, and are not to be constructed to those codes, must be certified to a nationally recognized testing agency or constructed to WAC 296-104-230. See WAC ((296-104-307)) 296-104-316 for safety pressure relief devices.

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

[Statutory Authority: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, 70.79.350, and chapter 70.79 RCW. 01-24-061, § 296-104-205, 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, § 296-104-205, filed 10/10/00, effective 11/13/00. Statutory Authority: RCW 70.79.030 and 70.79.040. 96-21-081, § 296-104-205, filed 10/16/96, effective 11/16/96; Part IV, § 2, filed 3/23/60.]


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

WAC 296-104-273   Installation -- What inspections are required for reinstalled standard boilers or unfired pressure vessels?   When a stationary standard boiler or unfired pressure vessel is moved and reinstalled it must be inspected and documented on the inspection report by an inspector. The following will be required:

     (1) ((The fittings and appliances must comply with the latest codes adopted in WAC 296-104-200.

     (2))) An installation permit must be submitted in accordance with WAC 296-104-020.

     (2) The fittings and appliances must comply with the latest codes adopted in WAC 296-104-200. For automatically fired boilers, fuel controls and other limit devices as listed in WAC 296-104-303 shall be provided.

     (3) For any boiler or unfired pressure vessel not currently registered with the department, the following are required ((to be documented and submitted)) unless waived by the inspector:

     (a) A hydrostatic or pressure test ((up to 150% of the maximum allowable working pressure, MAWP)) as prescribed in the original code of construction.

     (b) An internal inspection.

     (c) An operational test.

     (d) Any repairs deemed necessary.

     (e) A complete history of inspection, operation and repairs/alterations.

     (((4) The following are required unless waived by the inspector:

     (a))) (f) Additional examination or nondestructive testing.

     (((b))) (g) A written evaluation by a professional engineer knowledgeable with boilers and pressure vessels, an ASME certificateholder, or a National Board R certificateholder.

[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 § 296-104-273, filed 11/13/02, effective 12/14/02; 01-24-061, § 296-104-256, filed 11/30/01, effective 12/31/01. Statutory Authority: RCW 70.79.030 and 70.79.040. 96-21-081, § 296-104-256, filed 10/16/96, effective 11/16/96.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 296-104-310 Installation -- How many exits are required in boiler rooms?

© Washington State Code Reviser's Office