WSR 17-09-066
PROPOSED RULES
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed April 18, 2017, 11:33 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-05-087.
Title of Rule and Other Identifying Information: Proposed fee increase to 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 98402-4453, on May 24, 2017, at 10:00 a.m. For directions to the L&I Office http://www.lni.wa.gov/Main/ContactInfo/OfficeLocations/tacoma.asp.
Date of Intended Adoption: June 20, 2017.
Submit Written Comments to: Alicia Curry, P.O. Box 44400, Olympia, WA 98504-4400, email alicia.curry@lni.wa.gov, fax (360) 902-5292, by 5 p.m. on May 24, 2017.
Assistance for Persons with Disabilities: Contact Alicia Curry by May 10, 2017, at (360) 902-6244 or Alicia.Curry@lni.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The board of boiler rules is proposing to increase fees by the fiscal-growth factor of 4.16 percent for fiscal year 2018 (office of financial management's maximum allowable fiscal-growth rate) for the boiler program. The boiler program's budget and projected revenue were evaluated and a fee increase is necessary to cover the program's operating expenses.
Reasons Supporting Proposal: This rule making is needed to ensure the boiler program's revenues match expenditures; otherwise, service levels may need to be reduced. The last fiscal-growth increase took effect on October 1, 2016. According to RCW 70.79.330 and 70.79.350, a fee schedule for inspections is to be set by the board of boiler rules and the fees are to be used to administer the boiler program.
Statutory Authority for Adoption: Chapter 70.79 RCW, Boilers and unfired pressure vessels.
Statute Being Implemented: Chapter 70.79 RCW, Boilers and unfired pressure vessels.
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: Tony Oda, Tumwater, Washington, (360) 902-5270; Implementation and Enforcement: José Rodriguez, Tumwater, Washington, (360) 902-6348.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025 and 34.05.310 (4)(f), a small business economic impact statement is not required for proposed rules that set or adjust fees or rates pursuant to legislative standards.
A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis was not prepared. RCW 34.05.328 (5)(b)(vi) exempts rules that set or adjust fees or rates pursuant to legislative standards.
April 18, 2017
Terry Chapin, Chair
Board of Boiler Rules
AMENDATORY SECTION (Amending WSR 16-18-003, filed 8/25/16, effective 10/1/16)
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): $((52.10)) 54.00.
Certificate of inspection fees: For objects inspected, the certificate of inspection fee per object is $((22.40)) 23.30.
Hot water heaters per RCW 70.79.090, inspection fee: $((6.90)) 7.10.
Heating boilers:
Internal
External
Cast iron—All sizes
$((37.80))
39.30
$((30.20))
31.40
All other boilers less than 500 sq. ft.
$((37.80))
39.30
$((30.20))
31.40
500 sq. ft. to 2500 sq. ft.
$((75.50))
78.60
$((37.80))
39.30
Each additional 2500 sq. ft.
of total heating surface,
or any portion thereof
$((30.20))
31.40
$((14.80))
15.40
Power boilers:
Internal
External
Less than 100 sq. ft.
$((37.80))
39.30
$((30.20))
31.40
100 sq. ft. to less than
500 sq. ft.
$((45.80))
47.60
$((30.20))
31.40
500 sq. ft. to 2500 sq. ft.
$((75.50))
78.60
$((37.80))
39.30
Each additional 2500 sq. ft. of total heating surface, or any portion thereof
$((30.20))
31.40
$((14.80))
15.40
Pressure vessels:
Square feet shall be determined by multiplying the length of the shell by its diameter.
 
 
 
Internal
External
Less than 15 sq. ft.
$((30.20))
31.40
$((22.40))
23.30
 
15 sq. ft. to less than 50 sq. ft.
$((44.80))
46.60
$((22.40))
23.30
50 sq. ft. to 100 sq. ft.
$((52.30))
54.40
$((30.20))
31.40
 
For each additional 100 sq. ft. or any portion thereof
$((52.20))
54.30
$((14.80))
15.40
Nonnuclear shop inspections, field construction inspections, and special inspection services:
 
For each hour or part of an hour up to 8 hours
$((45.80))
47.60
 
For each hour or part of an hour in excess of 8 hours
$((68.30))
71.10
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
$((68.30))
71.10
 
For each hour or part of an hour in excess of 8 hours
$((106.80))
111.20
Nonnuclear triennial shop survey and audit:
When state is authorized inspection agency:
 
For each hour or part of an hour up to 8 hours
$((45.80))
47.60
 
For each hour or part of an hour in excess of 8 hours
$((68.30))
71.10
When insurance company is authorized inspection agency:
 
For each hour or part of an hour up to 8 hours
$((68.30))
71.10
 
For each hour or part of an hour in excess of 8 hours
$((106.80))
111.20
Examination fee: A fee of $((84.50)) 88.00 will be charged for each applicant sitting for an inspection examination(s).
Special inspector commission: A fee of $((45.70)) 47.50 for initial work card. A fee of $((28.40)) 29.50 for annual renewal.
If a special inspector changes companies: A work card fee of $((45.70)) 47.50.
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 $((425.00)) 442.60 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.