PROPOSED RULES
LABOR AND INDUSTRIES
(Board of Boiler Rules)
Original Notice.
Preproposal statement of inquiry was filed as WSR 09-14-102.
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 February 10, 2010, at 10:00 a.m.
Date of Intended Adoption: February 24, 2010.
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 February 10, 2010.
Assistance for Persons with Disabilities: Contact Sally Elliott by January 18, 2010, 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:
| • | As a result of HB 1366, extend the inspection frequencies for internal inspection of low pressure heating boilers. |
| • | Amend the definitions of low pressure heating boiler and hot waters [water] heaters. The department has policies that have been approved and enforced as rules but need to be formally added to the rules. |
| • | Amend the shop inspection requirements to allow the program to discontinue services when the shop inspection program cannot support the activity. |
| • | Move three of the most frequently used fees to the beginning of the fee table in WAC 296-104-700 for easy identification. The fee amounts remain the same. |
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 and chapter 90, Laws of 2009 (HB 1366).
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)).
December 22, 2009
Robert E. Olson, Chair
Board of Boiler Rules
OTS-2686.6
AMENDATORY SECTION(Amending WSR 08-12-015, filed 5/27/08,
effective 6/30/08)
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 within the jurisdiction of Washington.
Owner/user inspection agency's, and Washington specials 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. |
| • | "Expansion tank" shall mean a tank used to absorb excess water pressure. Expansion tanks installed in closed water heating systems and hot water supply systems shall meet the requirements of ASME Section IV, HG-709. |
| • | "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 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)(( |
| Additional requirements: |
| * | (( |
| (( |
|
| * | Hot water heaters exceeding 200,000 BTU/hr (58.58 kw) input must be ASME code stamped. |
| • | "Low pressure (( |
| • | "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 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 inspection" shall mean a certificate issued by the chief boiler inspector to the owner/user of a boiler or unfired pressure vessel upon inspection by an inspector. The boiler or unfired pressure vessel must comply with rules, regulations, and appropriate fee payment shall be made directly to the chief boiler inspector.
"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 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 certificate" see "certificate of inspection."
"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. |
"Operating permit" see "certificate of inspection."
"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, and 70.79.350. 08-12-015, § 296-104-010, filed 5/27/08, effective 6/30/08; 06-24-042, § 296-104-010, filed 11/30/06, effective 1/1/07. Statutory Authority: Chapter 70.79 RCW. 04-21-069, § 296-104-010, 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, § 296-104-010, 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.]
(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) Internally while not under pressure (except where
construction does not permit((s, 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)) an internal) - every fourth year.
(c) Internally, all steam heating boilers will have as a minimum, an internal of their low water fuel cut off - Biennially.
(d) Internally, none required for nonvapor boilers using glycol, or adequately treated with 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 ninth edition with addenda.
(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. 09-12-033, § 296-104-100, filed 5/27/09, effective 6/30/09; 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.]
Upon request from a boiler or pressure vessel
manufacturer holding an ASME Certificate of Authorization
within the jurisdiction, the department ((shall)) may provide
inspection services as required by the ASME Code. The
manufacturer receiving such inspection services shall
reimburse the department for the time and expenses in
accordance with the fee schedule established in WAC 296-104-700.
[Statutory Authority: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, and 70.79.350. 06-24-042, § 296-104-170, filed 11/30/06, effective 1/1/07. 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, § 296-104-170, filed 11/13/02, effective 12/14/02. Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, § 296-104-170, filed 10/26/99, effective 11/26/99; 96-21-081, § 296-104-170, filed 10/16/96, effective 11/16/96. Statutory Authority: RCW 70.79.040. 90-20-029, § 296-104-170, filed 9/24/90, effective 10/25/90. Statutory Authority: RCW 70.79.030. 78-03-057 (Order 78-3), § 296-104-170, filed 2/22/78; Part III, § 15, filed 3/23/60.]
Boiler and pressure vessel installation/reinstallation permit (excludes inspection and certificate of inspection fee): $50.00.
Certificate of inspection fees: For objects inspected, the certificate of inspection fee per object is $20.70.
Hot water heaters per RCW 70.79.090, inspection fee: $6.50.
| Heating boilers: |
Internal | External |
| Cast iron -- All sizes | $34.80 | $27.80 |
| All other boilers less than 500 sq. ft. | $27.80 | |
| 500 sq. ft. to 2500 sq. ft. | $69.40 | $34.80 |
| Each additional 2500 sq. ft. of total heating surface, or any portion thereof |
$27.80 | $13.70 |
| Power boilers: | Internal | External |
| Less than 100 sq. ft. | $34.80 | $27.80 |
| 100 sq. ft. to less than 500 sq. ft. |
$42.10 | $27.80 |
| 500 sq. ft. to 2500 sq. ft. | $69.40 | $34.80 |
| Each additional 2500 sq. ft. of total heating surface, or any portion thereof | $27.80 | $13.70 |
| Pressure vessels: | ||
| (( |
||
| |
||
| Square feet shall be determined by multiplying the length of the shell by its diameter. | ||
| Internal | External | |
| Less than 15 sq. ft. | $27.80 | $20.70 |
| 15 sq. ft. to less than 50 sq. ft. | $41.30 | $20.70 |
| 50 sq. ft. to 100 sq. ft. | $48.10 | $27.80 |
| For each additional 100 sq. ft. or any portion thereof | $48.10 | $13.70 |
(( |
||
Nonnuclear shop inspections, field construction inspections, and special inspection services: |
||
For each hour or part of an hour up to 8 hours |
$42.10 | |
| For each hour or part of an hour in excess of 8 hours | $62.80 | |
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 | $62.80 | |
| For each hour or part of an hour in excess of 8 hours | $98.20 | |
Nonnuclear triennial shop survey and audit: |
||
| When state is authorized inspection agency: |
||
| For each hour or part of an hour up to 8 hours | $42.10 | |
| For each hour or part of an hour in excess of 8 hours | $62.80 | |
| When insurance company is authorized inspection agency: | ||
| For each hour or part of an hour up to 8 hours | $62.80 | |
| For each hour or part of an hour in excess of 8 hours | $98.20 | |
Special inspector commission: An initial fee of $26.30
and an annual renewal fee of $10.50 along with an annual work
card fee of $15.80.
Expenses shall include:
Travel time and mileage: The department shall charge for its inspectors' travel time from their offices to the inspection sites and return. The travel time shall be charged for at the same rate as that for the inspection, audit, or survey. The department shall also charge the current Washington office of financial management accepted mileage cost fees or the actual cost of purchased transportation. Hotel and meals: Actual cost not to exceed the office of financial management approved rate.
Requests for Washington state specials and extensions of
inspection frequency: For each vessel to be considered
by the board, a fee of $390.50 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. 08-12-015, § 296-104-700, filed 5/27/08, effective 6/30/08; 07-11-137, § 296-104-700, filed 5/22/07, effective 6/30/07; 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.]