Original Notice.

     Preproposal statement of inquiry was filed as WSR 11-22-081.

     Title of Rule and Other Identifying Information: Board of boiler rules -- Substantive (chapter 296-104 WAC), specifically WAC 296-104-700 What are the inspection fees -- Examination fees -- Certificate fees -- Expenses?

     Hearing Location(s): Department of Labor and Industries (L&I), 950 Broadway, Suite 200, Tacoma, WA 98402, on February 15, 2012, at 10:00 a.m.

     Date of Intended Adoption: April 17, 2012.

     Submit Written Comments to: Sally Elliott, Department of Labor and Industries, P.O. Box 44400, Olympia, WA 98504-4400, e-mail sally.elliott@lni.wa.gov, fax (360) 902-5292, by 5:00 p.m. on February 15, 2012.

     Assistance for Persons with Disabilities: Contact Sally Elliott by February 1, 2012, sally.elliott@lni.wa.gov or (360) 902-6411.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The boiler program's budget and projected revenue indicate a fee increase is necessary to help cover the cost of ongoing services. The boiler program was given the authority by 2ESHB 1087, which passed the 2011 legislature, to increase fees to cover the program's expenditures.

     The purpose of this rule making is to increase the fees for the boiler program. Fee increases are necessary to cover the costs for ongoing service delivery.

     Reasons Supporting Proposal: See Purpose statement above.

     Statutory Authority for Adoption: Chapter 70.79 RCW and chapter 50, Laws of 2011 (2ESHB 1087).

     Statute Being Implemented: Chapter 70.79 RCW and chapter 50, Laws of 2011 (2ESHB 1087).

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

     Name of Proponent: L&I, governmental.

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

     No small business economic impact statement has been prepared under chapter 19.85 RCW. L&I is exempt from preparing a small business economic impact statement under RCW 19.85.025 referencing RCW 34.05.310 (4)(f), since the purpose of this rule making is to set and adjust fees authorized by the passed statute.

     A cost-benefit analysis is not required under RCW 34.05.328. L&I is exempt from preparing a cost-benefit analysis under RCW 34.05.328 (5)(b)(vi) because rule making is setting and adjusting fees authorized by the passed statute.

January 3, 2012

Robert Olson, Chair

Board of Boiler Rules

OTS-4530.1

AMENDATORY SECTION(Amending WSR 10-06-049, filed 2/24/10, effective 4/1/10)

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.

     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)) 21.50.

     Hot water heaters per RCW 70.79.090, inspection fee: $((6.50)) 6.70.

Heating boilers:	Internal	External
Cast iron -- All sizes	$((34.80)) 36.30	$((27.80)) 29.00
All other boilers less than 500 sq. ft.	$36.30	$((27.80)) 29.00
500 sq. ft. to 2500 sq. ft.	$((69.40)) 72.40	$((34.80)) 36.30
Each additional 2500 sq. ft.      of total heating surface,      or any portion thereof	$((27.80)) 29.00	$((13.70)) 14.20
Power boilers:	Internal	External
Less than 100 sq. ft.	$((34.80)) 36.30	$((27.80)) 29.00
100 sq. ft. to less than           500 sq. ft.	$((42.10)) 43.90	$((27.80)) 29.00
500 sq. ft. to 2500 sq. ft.	$((69.40)) 72.40	$((34.80)) 36.30
Each additional 2500 sq. ft. of total heating surface, or any portion thereof	$((27.80)) 29.00	$((13.70)) 14.20
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)) 29.00	$((20.70)) 21.50
15 sq. ft. to less than 50 sq. ft.	$((41.30)) 43.00	$((20.70)) 21.50
50 sq. ft. to 100 sq. ft.	$((48.10)) 50.10	$((27.80)) 29.00
For each additional 100 sq. ft. or any portion thereof	$((48.10)) 50.10	$((13.70)) 14.20
Nonnuclear shop inspections, field construction inspections, and special inspection services:
For each hour or part of an hour up to 8 hours	$((42.10)) 43.90
For each hour or part of an hour in excess of 8 hours	$((62.80)) 65.50
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)) 65.50
For each hour or part of an hour in excess of 8 hours	$((98.20)) 102.40
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)) 43.90
For each hour or part of an hour in excess of 8 hours	$((62.80)) 65.50
When insurance company is authorized inspection agency:
For each hour or part of an hour up to 8 hours	$((62.80)) 65.50
For each hour or part of an hour in excess of 8 hours	$((98.20)) 102.40

     Examination fee: A fee of $((77.70)) 81.00 will be charged for each applicant sitting for an inspection examination(s).

     Special inspector commission: An initial fee of $((26.30)) 27.40 and an annual renewal fee of $((10.50)) 10.90 along with an annual work card fee of $((15.80)) 16.40.

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)) 407.40 must be paid to the department before the board meets to consider the vessel. The board may, at its discretion, prorate the fee when a number of vessels that are essentially the same are to be considered.

[Statutory Authority: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, 70.79.350, and 2009 c 90. 10-06-049, § 296-104-700, filed 2/24/10, effective 4/1/10. 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.]

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