BP BHEAD INT S [atlas:bill]

AN ACT Relating to licensing and inspection of boilers and unfired pressure vessels; amending RCW 70.79.040; adding new sections to chapter 70.79 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that there is a state-wide need for uniformity in the licensing of operators of boilers and unfired pressure vessels. The board of boiler rules is authorized to adopt rules and regulations necessary for licensing operators of boilers and unfired pressure vessels.

Sec. 2. RCW 70.79.040 and 1951 c 32 s 4 are each amended to read as follows:

The board shall promulgate rules and regulations for the safe and proper installation, repair, use and operation of boilers, and for the safe and proper installation and repair of unfired pressure vessels which were in use or installed ready for use in this state prior to the date upon which the first rules and regulations under this chapter pertaining to existing installations became effective, or during the twelve months period immediately thereafter. The board shall also promulgate rules and regulations for licensing operators of boilers and unfired pressure vessels.

NEW SECTION. Sec. 3. A new section is added to chapter 70.79 RCW to read as follows:

It is unlawful to have charge of, operate, or permit any one to have charge of, or operate any boiler within the state without first obtaining a license issued as required by this chapter.

NEW SECTION. Sec. 4. A new section is added to chapter 70.79 RCW to read as follows:

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Appeals board" means a group of three qualified and licensed class one chief operating engineers approved by the director of the department of labor and industries.

(2) "Approved monitoring system" means a monitoring system manufactured, installed, and maintained in a manner approved by the director of labor and industries.

(3) "Automatic boiler" means a boiler equipped with controls and limit devices as set forth in the latest edition of the Washington state building code, chapter 51-32 WAC, Uniform Mechanical Code, Appendix B, Chapter 10, and the latest edition of the ASME Boiler Code.

(4) "Boiler" means a closed vessel used for heating water or liquid or used for generating steam or vapor by direct application of heat from combustion fuels or electricity.

(5) "Boiler plant" means one or more boilers and connecting piping and vessels within the same premises housing the boiler or boilers.

(6) "Btu" means British thermal unit.

(7) "Burner for automatic boiler" means a device equipped with an ignition system sufficiently reliable to ignite the entire release surface of the burner assembly and designed to convey fuel into the combustion chamber in proximity to the combustion air supply, thus permitting a stable controlled heat release compatible with the burner design.

(8) "Checked by a licensed operator" means inspected by a licensed operator for safety and proper operation, the inspection having included:

(a) Examination of the boiler and the boiler log book as required by this section;

(b) Testing of all control devices required for automatic boilers and testing of any included monitoring systems;

(d) Examination of the boiler to detect unauthorized or unsupervised modifications.

(9) "Examiner" means any person certified by the national board of boiler and pressure vessel inspectors and approved by the director of the department of labor and industries.

(10) "Hot water supply boiler" means a low-pressure water heating boiler that provides hot water to be used external to itself and has a volume exceeding one hundred twenty gallons, a heat input exceeding two hundred thousand btu per hour, or an operating temperature exceeding two hundred degrees Fahrenheit.

(11) "Licensed operator" means a person holding any one of the classes of licenses issued in accordance with this chapter, authorizing the person to operate, or supervise the operation of, specified classes of boiler plants.

(12) "Low-pressure hot water heating boiler" means a boiler in which water is heated for the purpose of supplying heat at pressures not exceeding one hundred sixty pounds per square inch and at temperatures not exceeding two hundred fifty degrees Fahrenheit.

(13) "Low-pressure steam heating boiler" means a boiler operated at pressures not exceeding fifteen pounds per square inch for steam.

(14) "Oral board" means a group of three qualified and licensed class one chief operating engineers approved by the examiner.

(15) "Power hot water boiler" or "high temperature water boiler" means a boiler used for heating water or liquid to a pressure exceeding one hundred sixty pounds per square inch or to a temperature exceeding two hundred fifty degrees Fahrenheit.

(16) "Power steam boiler" means a boiler in which steam or other vapor is generated at pressures exceeding fifteen pounds per square inch, not including a small power boiler.

(17) "Small power boiler" means a boiler operated at pressures exceeding fifteen pounds per square inch but not exceeding one hundred pounds per square inch and having less than four hundred forty thousand btu per hour heat input.

(18) "Steam engine" means an engine in which all prime movers employ vapor from a boiler to produce motive power, including steam driven compressors, and steam pumps, the steam pumps and similar auxiliaries serving merely as appurtenances for the operation of a boiler.

(19) "Twice daily check" means the two inspections of a boiler required by this chapter to be recorded in the boiler log book, the first check to be made not less than eight hours after the last recorded check of the previous day, the second check to be made at least six hours after the first recorded check of the day. This subsection does not preclude additional checks being made to ensure safe operation of the boiler.

(20) "Water heater" means a closed vessel used for heating water by direct application of heat from combustible fuels or electricity, with a nominal water-containing capacity of one hundred twenty gallons or less, having a heat input not exceeding two hundred thousand btu per hour, used to supply hot water at pressure of one hundred sixty pounds per square inch or less, and operating at a temperature not exceeding two hundred degrees Fahrenheit.

NEW SECTION. Sec. 5. A new section is added to chapter 70.79 RCW to read as follows:

There are five grades of licenses for the operation and maintenance of boiler plants, designated and limited as follows:

(1) A class one chief operating engineer license entitles the holder to take charge of the operation and maintenance of any boiler plant;

(2) A class two operating engineer license entitles the holder to operate or to have charge of the operation of any boiler plant while under the direct supervision of a licensed chief operating engineer. In plants where there is not a licensed chief operating engineer, the licensee is limited to operation of a boiler plant not exceeding an aggregate of three hundred million btu per hour input;

(3) A class three boiler fireman license entitles the holder to operate any boiler plant under the direct supervision of a licensed chief operating engineer or operating engineer. When not working under the direct supervision of an operating engineer, the licensee is limited to operation of a boiler plant not exceeding an aggregate of twenty million btu per hour input;

(4) A class four boiler fireman license entitles the holder to operate any boiler plant under the direct supervision of a licensed chief operating engineer or operating engineer. The licensee is limited to operation of a boiler plant not exceeding an aggregate of five million btu per hour input; and

(5) A class five boiler fireman license entitles the holder to operate any boiler not exceeding one million btu per hour input.

NEW SECTION. Sec. 6. A new section is added to chapter 70.79 RCW to read as follows:

Persons desiring a license described in section 5 of this act must make written application to the state on forms provided by the department.

Eligibility requirements for examination for specific classes are as follow:

(1) Class one chief operating engineer license: (a) The applicant must furnish verification of an aggregate of five years' experience operating high or low-pressure boilers as a class two operating engineer or must document equivalent experience, or (b) the applicant must be a graduate from a recognized curriculum in technology or a recognized training program and furnish verification of an aggregate of three years' experience in the care and operation of high or low-pressure boilers as a class two operating engineer.

(2) Class two operating engineer license: (a) The applicant must furnish verification of an aggregate of three years' experience operating high or low-pressure boilers, or (b) the applicant must be a graduate from a recognized curriculum in technology or a recognized training program and furnish verification of an aggregate of two years' experience in operation of high or low-pressure boilers.

(3) Class three boiler fireman license: (a) The applicant must furnish verification of an aggregate of one year's experience as a boiler fireman, or (b) the applicant must be a graduate from a recognized curriculum in technology or a recognized training program and furnish verification of three months' experience as a boiler fireman.

(4) Class four boiler fireman license and class five boiler fireman license: The applicant must furnish the examiner with satisfactory evidence of qualifications for examination.

Any person making application for any grade of license as an operator of a boiler plant must, before the license is issued, submit to examination. The examination must be both written and oral, consisting of questions covering care, maintenance, operation, and construction of boilers, appurtenances, and auxiliaries applicable to the class of license for which such examination is held. Applicants for a class one or two license must pass the written portion with a grade of seventy percent and must pass oral examination by the examiner and the oral board. Applicants for class three, four, and five licenses need not pass oral examination but must pass a written examination with a grade of seventy percent.

Any applicant who fails examination for a license is not eligible for reexamination until a period of thirty days has elapsed. A fee as established by the board of boiler rules shall be charged for each examination for all classes of licenses. An applicant who fails to pass the examination and believes an injustice has been done may appeal by serving a written notice upon the director of labor and industries within ten days of the posting of examination results. The appeals board shall review the examination papers of the appellant and if necessary submit the appellant to an additional oral examination to determine whether to issue a license. The decision of the majority of the members of the appeals board is final.

NEW SECTION. Sec. 7. A new section is added to chapter 70.79 RCW to read as follows:

(1) The following installations do not require a licensed operator:

(a) Any boiler or steam engine subject to federal regulations;

(b) Heating boilers in group R1 occupancies of less than six units, group R3 occupancies, and group U occupancies, as defined in the building code;

(c) Low-pressure hot water, low-pressure steam, and hot water supply boiler plants having inputs of less than two million five hundred thousand btu per hour;

(d) Any boiler having an input of less than one hundred thousand btu per hour; and

(e) Water heaters.

(2) Any person already performing duties that meet the requirements of the specific grade of license and the size of the plant that the person operates, and able to verify that experience, may apply for a steam license without examination, if application is made within one year of the effective date of this act.

(3) Currently licensed operating engineers licensed in a recognized local jurisdiction within the state of Washington shall be granted an equivalent state level license upon application and verification of the license.

(4) An operator currently employed or working at a facility presently exempt from Washington state pressure vessel inspection is not required to obtain an operator's license to continue working at that facility.

NEW SECTION. Sec. 8. A new section is added to chapter 70.79 RCW to read as follows:

(1) Every licensed operating engineer or boiler fireman, before operating any boiler, must first determine that the issued boiler inspection certificate is in force, and if the certificate has expired, must notify the employer. Expiration exceeding ninety days requires notification to the state boiler inspector. The engineer or fireman must note the pressure allowed by the certificate and must test the operation of the boiler and its control and safety devices for proper operation.

(2) Any licensed operating engineer or boiler fireman who believes that any part of a boiler is defective or in potentially unsafe condition, must report the fact to the employer and to the state boiler inspector if the employer fails to take immediate corrective action.

(3) The state boiler inspector must investigate any reported defect or unsafe condition and must report any lack of proper care on the part of any licensed person to the employer and the state. The state must record the facts on the records of the licensee.

(4) The licensed operating engineer or boiler fireman in charge of any boiler must report to the employer and to the state boiler inspector any damage or condition that compromises safe operation of the boiler. Failure to make such report is sufficient cause for the suspension or revocation of the license of the person in charge.

(5) It is the duty of each licensed operating engineer and boiler fireman to report serious negligence in the care of boilers to the employer and the state boiler inspector.

(6) An operator's license must be posted in a conspicuous place under glass on the wall of the boiler room of the plant where the license holder is employed. A license is effective only for the operation of the plant where it is displayed.

(7) Every licensed operating engineer or boiler fireman must inform the state boiler inspector of any change in the place of employment within twenty-four hours of leaving or accepting a position. Notice must be in writing, addressed to the director of labor and industries in Olympia, Washington, and must include the licensee's name, number, and grade of license, and the name and address of the plant of last employment and of new employment.

(8) A licensed operator must assist the state boiler inspector in the examination of any boiler under the operator's charge and must point out all known defects, damage, or repair of the boiler or pressure vessel. The license of any operator who deliberately neglects to comply with this subsection must be revoked.

NEW SECTION. Sec. 9. A new section is added to chapter 70.79 RCW to read as follows:

A licensed operating engineer or boiler fireman must perform all duties in connection with operation and maintenance of boilers in compliance with WAC 296-104-900.