WSR 20-20-110
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed October 6, 2020, 9:10 a.m.]
Subject of Possible Rule Making: Boiler rules and fee increases, chapter 296-104 WAC, Board of boiler rules—Substantive. Specifically WAC 296-104-010 Administration—What are the definitions of terms used in this chapter?, 296-104-700 What are the inspection fees—Examination fees—Certificate fees—Expenses?, and 296-104-701 What are the civil penalties?
Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter
70.79 RCW, Boilers and unfired pressure vessels.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The purpose of this rule making is to consider changes that will update and clarify existing rules, and increase fees in the boiler rules.
The changes under consideration include:
| |
| • | Increasing fees by the fiscal growth factor of 5.91 percent for fiscal year 2021, to support operating expenses for inspections; |
| • | Modifying the civil penalties for repairs and alterations to improve public safety by: |
| |
| • | Making repair organizations of boilers and pressure vessels liable for civil penalties for violations of the boiler laws and rules; |
| • | Making a welded repair or alteration to a boiler or pressure vessel without meeting the procedure and filing requirements a violation; and |
| • | Clarifying when a violation of the procedure and filing requirements for welded repairs or alterations is a second or additional offense. |
| |
| • | Adding a new definition for "repair organization" to clarify its meaning; and |
| • | Correcting a reference in the definition of "historical boilers and unfired pressure vessels" to align with SB 6240 (chapter 259, Laws of 2018) that passed the legislature in 2018. |
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: There are no other federal and/or state agencies regulating this subject that requires coordination of the rules.
Process for Developing New Rule: The board of boiler rules reviews and approves all rule changes. Interested parties can participate in the adoption process for the new rules and formulation of the proposed rules before publication by contacting the individual listed below. The public can also participate, after amendments are proposed, by providing written comments and/or testimony during the public hearing and comment process.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Alicia Curry, P.O. Box 44400, Olympia, WA 98504-4400, phone 360-902-6244, fax 360-902-5292, email Alicia.Curry@Lni.wa.gov, website https://www.lni.wa.gov/rulemaking-activity/?query=boiler.
October 6, 2020
Terry Chapin, Chair
Board of Boiler Rules