WSR 20-02-115
PROPOSED RULES
DEPARTMENT OF
LABOR AND INDUSTRIES
(Board of Boiler Rules)
[Filed January 2, 2020, 9:56 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 19-20-099.
Title of Rule and Other Identifying Information: Proposed amendments and fee increase to the boiler rules in chapter 296-104 WAC, Board of boiler rules—Substantive.
Hearing Location(s): On February 19, 2020, at 10 a.m., at the Department of Labor and Industries (L&I), 950 Broadway, Suite 200, Tacoma, WA 98402-4453.
Date of Intended Adoption: March 3, 2020.
Submit Written Comments to: Alicia Curry, L&I, Field Services and Public Safety Division, P.O. Box 44400, Olympia, WA 98504-4400, email Alicia.Curry@Lni.wa.gov, fax 360-902-5292, by 5 p.m. on February 7, 2020.
Assistance for Persons with Disabilities: Contact Alicia Curry, phone 360-902-6244, fax 360-902-5292, email Alicia.Curry@Lni.wa.gov, by January 31, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The board of boiler rules and L&I are proposing amendments to update and clarify existing rules and increase fees in chapter 296-104 WAC, Board of boiler rules—Substantive. The board of boiler rules reviews the rules on a regular basis to ensure the rules are consistent with national safety standards for boilers and unfired pressure vessels, and industry practice. The proposed rules would:
| |
| • | Reorganize requirements for control and limit devices and fuel controls for power, low-pressure, and heating boilers and HLW potable water heaters to make the installation rules easier to understand and use. Additional changes include, but are not limited to: |
| |
| o | Requiring control and limit devices to be tested or verified by a means acceptable by the jurisdiction for automatically fired power boilers, low pressure heating boilers, and HLW potable water heaters to allow for new technology; |
| o | Allowing all boilers in a room to connect to an existing remote shutdown switch for the remote shutdown of all the boilers; |
| o | Clarifying that all boilers in a room that meet the input requirements should be added to the remote shutdown switch when installing a new boiler to improve public safety; |
| o | Requiring that all automatically fired boilers with a heating input greater than 400,000 Btu/hr., including electrical boilers with input greater than 117 kW, installed after December 2004, to have a remote shutdown switch or circuit breaker to create consistency with remote shutdown switch requirements for all boilers; and |
| o | Requiring that HLW potable hot water heaters with a heating input greater than 400,000 Btu/hr. (117 kW), installed after January 1, 2018, to have a remote shutdown switch or circuit breaker to create consistency with remote shutdown switch requirements for all boilers. |
| |
| • | Convert existing policies requiring entities repairing or altering boilers or pressure vessels to send a controlled copy of a quality control manual to the department prior to starting work, and to send a checklist and certain forms to the department within forty-five days of the date the work is completed, into rule. |
The proposed rules also increase fees by the fiscal-growth factor of 5.08 percent. This is the office of financial management's (OFM) maximum allowable fiscal growth rate for fiscal year 2020. A fee increase is necessary to cover the program's operating expenses for inspections and other program public safety activities.
Reasons Supporting Proposal: This rule making is needed to ensure that Washington's rules are up-to-date and consistent with the national boiler and unfired pressure vessel safety standards and industry practice, and that inspection fees will support the program's operating expenses. 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: Board of boiler rules, L&I, governmental.
Name of Agency Personnel Responsible for Drafting: Tony Oda, Program Manager, Tumwater, Washington, 360-902-5270; Implementation and Enforcement: David Puente, Jr., Assistant Director, Tumwater, Washington, 360-902-6348.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is required under RCW
34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Alicia Curry, Department of Labor and Industries, Field Services and Public Safety Division, P.O. Box 44400, Olympia, WA 98504-4400, phone 360-902-6244, fax 360-902-5292, email
Alicia.Curry@Lni.wa.gov.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW
19.85.025(3) as the rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule; rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; and rules set or adjust fees under the authority of RCW
19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW
19.80.045.
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. As discussed in the cost-benefit analysis document, those changes that are not exempt from the Regulatory Fairness Act requirement will either result in a cost savings to customers or no increased costs over current practice or the baseline. As such, the proposed rule does not impose more-than-minor-costs.
January 2, 2020
Terry Chapin, Chair
Board of Boiler Rules
AMENDATORY SECTION(Amending WSR 04-21-069, filed 10/19/04, effective 1/1/05)
WAC 296-104-301Installation—What control and limit devices are required on automatically fired power boilers after June 1989?
In addition to those requirements listed in WAC 296-104-300, the following are also required:
(1) All steam power boilers ((that are automatically fired low pressure steam heating boilers, small power boilers, and power steam boilers without a constant attendant who has no other duties)) shall be equipped with:
(a) Two high steam pressure limit controls, the highest of which shall be provided with a manual reset.
(b) Two low-water fuel cutoffs, one of which shall be provided with a manual reset device and independent of the feed water controller.
(((c)))(2) Coil type flash steam boilers may use two high-temperature limit controls, one of which shall have a manual reset. This is instead of the low-water fuel cutoff.
(((d) All control and limit devices shall be independently connected and electrically wired in series.
(2) All automatically fired hot water supply, low-pressure hot water heating boilers, and power hot water boilers))(3) All high temperature water (greater than 250°F) power boilers shall be equipped with:
(a) Two high-temperature limit controls, the highest of which shall be provided with a manual reset.
(b) ((One))Two low-water fuel cutoffs((with a)), one of which shall be provided with a manual reset device and independent of the feed water controller.
(((c) For coil type hot water boilers a low-water flow limit control installed in the circulating water line may be used instead of a low-water fuel cutoff.
(d)))(4) All controls and limit devices shall be ((independently connected and electrically wired in series))tested or verified by means acceptable by the jurisdiction.
(5) For installations after December 2004 - All automatically fired power boilers with input greater than 400,000 Btu/hr, including electric boilers with input greater than 117 kW, shall have a manually operated remote shutdown switch or circuit breaker. When an existing remote shutdown switch exists, all boilers may be connected to the existing switch to allow for remote shutdown of all boilers in the room. When an additional boiler is added to the room where an existing remote shutdown switch does not exist, all boilers meeting the input requirements should be added to the new remote shutdown switch. Activation of the emergency shutdown switch or circuit breaker shall immediately shut off the fuel or energy supply and initiate the boiler shutdown sequence in accordance with manufacturer's recommendations where applicable. The shutdown switch should be located just outside the boiler room door and marked for easy identification. Consideration should be given to the type and location of the switch to safeguard against tampering. If the boiler room door is on the building exterior, the switch should be located just inside the door. If there is more than one door to the boiler room, there should be a switch located at each door.
AMENDATORY SECTION(Amending WSR 08-24-072, filed 12/1/08, effective 1/1/09)
WAC 296-104-302Installation—What ((fuel controls are required on automatically fired boilers after December 1998))control and limit devices are required on automatically fired hot water heating, hot water supply boilers, coil type hot water heating boilers, low pressure steam boilers, and HLW potable water heaters after June 1989?
In addition to those requirements listed in WAC ((296-104-301))296-104-300, the following are also required ((with regard to installations or refits of gas, oil, or combinations of gas or oil:
(1) All boilers installed or refitted after December 1998, shall be equipped with suitable primary (flame safeguards) safety controls, safety limit switches, and burners or electrical elements as required by a nationally or internationally recognized standard.
(2) The symbol of the certifying organization that has investigated such equipment as having complied with a nationally or internationally recognized standard shall be affixed to the equipment and shall be considered evidence that the unit was manufactured in accordance with that standard. A certifying organization is one that provides uniform testing, examination, and listing procedures under established, nationally or internationally recognized standards, and that is acceptable to the authorities having jurisdiction.
(3) These devices shall be installed in accordance with jurisdictional requirements, manufacturer's recommendations, and/or industry standards as applicable.)):
(1) All automatically fired hot water heating, hot water supply boilers shall be equipped with:
(a) Two high temperature limit controls, the highest of which shall be provided with a manual reset when heat input is greater than 400,000 Btu/hr (117 kW).
(b) One low-water fuel cutoff with a manual reset device and independent of the fee water controller.
(c) For installations after December 2004, a means shall be provided for testing the operation of hot water heating boiler low-water fuel cutoff(s) without resorting to draining the entire system. Such means shall not render the device(s) inoperable. If the means temporarily isolates the device from the boiler during testing, it shall automatically return to its normal position.
(2) For coil type hot water boilers with heat input greater than 400,000 Btu/hr (117 kW) a low-water flow limit control installed in the circulating water line may be used instead of a low-water fuel cutoff when forced circulation is required to prevent overheating of the tubes.
(3) Automatically fired low pressure steam boilers shall be equipped with:
(a) Two high steam pressure limit controls, the highest of which shall be provided with a manual reset.
(b) Two low-water fuel cutoffs, one of which shall be provided with a manual reset device and independent of the feed water controller.
(4) HLW potable water heaters:
(a) Two temperature limit controls, one being a high-limit temperature control that will automatically cut off the fuel supply.
(b) Heaters with input greater than 400,000 Btu/hr (117 kW) installed after January 1, 2018, shall comply with all items in subsection (6) of this section.
(5) All controls and limit devices shall be tested or verified by means acceptable by the jurisdiction.
(6) For installations after December 2004, all automatically fired boilers with input greater than 400,000 Btu/hr, including electric boilers with input greater than 117 kW, shall have a manually operated remote shutdown switch or circuit breaker. When an existing remote shutdown switch exists, all boilers may be connected to the existing switch to allow for the remote shutdown of all boilers in the room. When an additional boiler is added to the room where an existing remote shutdown switch does not exist, all boilers meeting the input requirements should be added to the new remote shutdown switch. Activation of the emergency shutdown switch or circuit breaker shall immediately shut off the fuel or energy supply and initiate the boiler shutdown sequence in accordance with manufacturer's recommendations where applicable. The shutdown switch should be located just outside the boiler room door and marked for easy identification. Consideration should be given to the type and location of the switch to safeguard against tampering. If the boiler room door is on the building exterior, the switch should be located just inside the door. If there is more than one door to the boiler room, there should be a switch located at each door.
AMENDATORY SECTION(Amending WSR 15-14-100, filed 6/30/15, effective 9/1/15)
WAC 296-104-303Installation—What ((control and limit devices are required on automatically fired boilers after December 2004))fuel controls are required on automatically fired boilers after December 1998?
In addition to those requirements listed in WAC ((296-104-302))296-104-301 and 296-104-302, the following are ((also)) required with regard to installations or refits of gas, oil, or combinations of gas or oil:
(1) ((All automatically fired boilers with input greater than 400,000 Btu/hr, including electric boilers with input greater than 117 kW shall have a manually operated remote shutdown switch or circuit breaker. Activation of the emergency shutdown switch or circuit breaker shall immediately shut off the fuel or energy supply and initiate the boiler shutdown sequence in accordance with manufacturer's recommendations where applicable. The shutdown switch should be located just outside the boiler room door and marked for easy identification. Consideration should be given to the type and location of the switch to safeguard against tampering. If the boiler room door is on the building exterior, the switch should be located just inside the door. If there is more than one door to the boiler room, there should be a switch located at each door.
(2) A means shall be provided for testing the operation of hot water heating boiler low-water fuel cutoff(s) without resorting to draining the entire system. Such means shall not render the device(s) inoperable. If the means temporarily isolates the device from the boiler during testing, it shall automatically return to its normal position.))All boilers installed or refitted after December 1998, shall be equipped with suitable primary (flame safeguards) safety controls, safety limit switches, and burners or electrical elements as required by a nationally or internationally recognized standard.
(2) The symbol of the certifying organization that has investigated such equipment as having complied with nationally or internationally recognized standard shall be affixed to the equipment and shall be considered evidence that the unit was manufactured in accordance with that standard. A certifying organization is one that provides uniform testing, examination, and listing procedures under established, nationally or internationally recognized standards, and that is acceptable to the authorities having jurisdiction.
(3) These devices shall be installed in accordance with jurisdictional requirements, manufacturer's recommendations, and/or industry standards as applicable.
AMENDATORY SECTION(Amending WSR 08-24-072, filed 12/1/08, effective 1/1/09)
WAC 296-104-503Repairs—What are the requirements for nonnuclear boilers and unfired pressure vessel repairs and alterations?
Repairs and alterations to standard nonnuclear boilers and pressure vessels shall be made in accordance with the rules of the National Board Inspection Code (NBIC), Part 3 as adopted in WAC 296-104-502(1). ((Additionally, repairs and alterations to nonstandard boilers and pressure vessels, as addressed in WAC 296-104-215, must be authorized by the chief inspector.))
Repairs and alterations ((may))shall be made by an organization in possession of a valid Certificate of Authorization for use of the national board "R" symbol stamp((, issued by the national board provided such repairs/alterations are within the scope of authorization.
Owner/user special inspectors may only accept repairs and alterations to boilers and unfired pressure vessels operated by their respective companies per RCW 70.79.130. Documentation of repairs and alterations, in accordance with the requirements of the National Board Inspection Code (NBIC) as adopted in WAC 296-104-502(1), shall be submitted to the department)). The national board "R" symbol stamp organization shall comply with the following jurisdictional requirements:
(1) Assign and submit a current "controlled copy" of their quality control manual to the jurisdiction prior to starting mechanical work in Washington state.
(2) Submit a completed copy of the "process traveler/checklist" signed off by qualified company QC personnel and the national board commissioned inspector with "R" endorsement for each repair/alteration job within forty-five days of the completion of the physical work.
(3) Submit a completed copy of the completed "R-1" (for repairs, also for routine repairs) form or the completed "R-2" (for alterations) form within forty-five days of the completion of the physical work.
Repairs and alterations to nonstandard boilers and pressure vessels, as addressed in WAC 296-104-215, must be authorized by the chief inspector.
AMENDATORY SECTION(Amending WSR 19-15-120, filed 7/23/19, effective 9/1/19)
WAC 296-104-700What 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.
The boiler and pressure vessel installation/reinstallation permit fee of $((56.16))59.00 shall be paid by the installer, as defined in WAC 296-104-010.
Certificate of inspection fees: For objects inspected, the certificate of inspection fee per object is $((24.23))25.40.
Hot water heaters per RCW
70.79.090, inspection fee: $((
7.38))
7.70.
The department shall assess a $7.00 fee, per object, for processing of jurisdictional inspection reports to any authorized in-service inspection agency or inspector who does not file the report directly into the department's electronic inspection report system.
Heating boilers: | Internal | External |
| Cast iron—All sizes | $((40.87))42.90 | $((32.65))34.30 |
| All other boilers less than 500 sq. ft. | $((40.87))42.90 | $((32.65))34.30 |
| 500 sq. ft. to 2500 sq. ft. | $((81.74))85.80 | $((40.87))42.90 |
| Each additional 2500 sq. ft. of total heating surface, or any portion thereof | $((32.65))34.30 | $((16.01))16.80 |
Power boilers: | Internal | External |
| Less than 100 sq. ft. | $((40.87))42.90 | $((32.65))34.30 |
| 100 sq. ft. to less than 500 sq. ft. | $((49.50))52.00 | $((32.65))34.30 |
| 500 sq. ft. to 2500 sq. ft. | $((81.74))85.80 | $((40.87))42.90 |
| Each additional 2500 sq. ft. of total heating surface, or any portion thereof | $((32.65))34.30 | $((16.01))16.80 |
Pressure vessels: |
| Square feet shall be determined by multiplying the length of the shell by its diameter. | | |
| | Internal | External |
| Less than 15 sq. ft. | $((32.65))34.30 | $((24.23))25.40 |
| 15 sq. ft. to less than 50 sq. ft. | $((48.46))50.90 | $((24.23))25.40 |
| 50 sq. ft. to 100 sq. ft. | $((56.57))59.40 | $((32.65))34.30 |
| For each additional 100 sq. ft. or any portion thereof | $((56.47))59.30 | $((16.01))16.80 |
Nonnuclear shop inspections, field construction inspections, and special inspection services: |
| For each hour or part of an hour up to 8 hours | $((49.50))52.00 |
| For each hour or part of an hour in excess of 8 hours | $((73.94))77.60 |
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 | $((73.94))77.60 |
| For each hour or part of an hour in excess of 8 hours | $((115.64))121.50 |
Nonnuclear triennial shop survey and audit: |
When state is authorized inspection agency: |
| For each hour or part of an hour up to 8 hours | $((49.50))52.00 |
| For each hour or part of an hour in excess of 8 hours | $((73.94))77.60 |
When insurance company is authorized inspection agency: |
| For each hour or part of an hour up to 8 hours | $((73.94))77.60 |
| For each hour or part of an hour in excess of 8 hours | $((115.64))121.50 |
Examination fee: A fee of $((91.52))96.10 will be charged for each applicant sitting for an inspection examination(s).
Special inspector commission: A fee of $((49.40))51.90 for initial work card. A fee of $((30.68))32.20 for annual renewal.
If a special inspector changes companies: A work card fee of $((49.40))51.90.
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 $((460.30))483.60 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.