BILL REQ. #:  Z-0036.2 

Read first time 01/18/2005.   Referred to Committee on Labor, Commerce, Research & Development.

     AN ACT Relating to the boilers and unfired pressure vessels law; amending RCW 70.79.080, 70.79.090, 70.79.160, 70.79.190, 70.79.320, and 70.79.170; adding a new section to chapter 70.79 RCW; and repealing RCW 70.79.360.

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

Sec. 1   RCW 70.79.080 and 1999 c 183 s 3 are each amended to read as follows:
     This chapter shall not apply to the following boilers, unfired pressure vessels and domestic hot water tanks:
     (1) Boilers and unfired pressure vessels under federal regulation or operated by any railroad subject to the provisions of the interstate commerce act;
     (2) Unfired pressure vessels meeting the requirements of the interstate commerce commission for shipment of liquids or gases under pressure;
     (3) Air tanks located on vehicles operating under the rules of other state authorities and used for carrying passengers, or freight;
     (4) Air tanks installed on the right of way of railroads and used directly in the operation of trains;
     (5) Unfired pressure vessels having a volume of five cubic feet or less when not located in places of public assembly;
     (6) Unfired pressure vessels designed for a pressure not exceeding fifteen pounds per square inch gauge ((when not located in place of public assembly));
     (7) Tanks used in connection with heating water for domestic and/or residential purposes;
     (8) Boilers and unfired pressure vessels in cities having ordinances which are enforced and which have requirements equal to or higher than those provided for under this chapter, covering the installation, operation, maintenance and inspection of boilers and unfired pressure vessels;
     (9) Tanks containing water with no air cushion and no direct source of energy that operate at a temperature of one hundred thirty degrees Fahrenheit or less;
     (10) Electric boilers:
     (a) Having a tank volume of not more than one and one-half cubic feet;
     (b) Having a maximum allowable working pressure of ((eighty)) one hundred pounds per square inch or less, with a pressure relief system to prevent excess pressure; and
     (c) If constructed after June 10, 1994, constructed to American society of mechanical engineers code, or approved or otherwise certified by a nationally recognized or recognized foreign testing laboratory or construction code, including but not limited to Underwriters Laboratories, Edison Testing Laboratory, or Instituto Superiore Per La Prevenzione E La Sicurezza Del Lavoro;
     (11) Electrical switchgear and control apparatus that have no external source of energy to maintain pressure and are located in restricted access areas under the control of an electric utility;
     (12) Regardless of location, unfired pressure vessels and hot water heaters less than one and one-half cubic feet (11.25 gallons) in volume with a safety valve setting of one hundred fifty pounds per square inch gauge (psig) or less, or less than six inches in diameter and less than five cubic feet (37.5 gallons) in volume with a safety valve set at any pressure, or less than fifteen psig containing substances other than steam, lethal substances, or liquids with low flash points.

Sec. 2   RCW 70.79.090 and 1999 c 183 s 4 are each amended to read as follows:
     The following boilers and unfired pressure vessels shall be exempt from the requirements of RCW 70.79.220 and 70.79.240 through 70.79.330:
     (1) Boilers or unfired pressure vessels located on farms and used solely for agricultural purposes;
     (2) Unfired pressure vessels that are part of fertilizer applicator rigs designed and used exclusively for fertilization in the conduct of agricultural operations;
     (3) Steam boilers used exclusively for heating purposes carrying a pressure of not more than fifteen pounds per square inch gauge and which are located in private residences or in apartment houses of less than six families;
     (4) Hot water heating boilers carrying a pressure of not more than thirty pounds per square inch and which are located in private residences or in apartment houses of less than six families;
     (5) Approved pressure vessels (hot water heaters, hot water storage tanks, hot water supply boilers, and hot water heating boilers listed by a nationally recognized testing agency), with approved safety devices including a pressure relief valve, with a nominal water containing capacity of one hundred twenty gallons or less having a heat input of two hundred thousand b.t.u.'s per hour or less, used for hot water supply at pressure of one hundred sixty pounds per square inch or less, and at temperatures of two hundred ten degrees Fahrenheit or less: PROVIDED, HOWEVER, That such pressure vessels are not installed in schools, child care centers, public and private hospitals, nursing and boarding homes, churches, public buildings owned or leased and maintained by the state or any political subdivision thereof, and assembly halls;
     (6) Unfired pressure vessels containing only water under pressure for domestic supply purposes, including those containing air, the compression of which serves only as a cushion or airlift pumping systems, when located in private residences or in apartment houses of less than six families, or in public water systems as defined in RCW 70.119.020;
     (7) Unfired pressure vessels containing liquified petroleum gases.

Sec. 3   RCW 70.79.160 and 1999 c 183 s 8 are each amended to read as follows:
     Each company employing special inspectors shall, within thirty days following each internal or external boiler or unfired pressure vessel inspection made by such inspectors, file a report of such inspection with the chief inspector upon appropriate forms. ((Reports of external inspections shall not be required except when such inspections disclose that the boiler or unfired pressure vessel is in dangerous condition.))

NEW SECTION.  Sec. 4   A new section is added to chapter 70.79 RCW to read as follows:
     (1) No person, firm, partnership, corporation, or other entity may install or maintain any standards that violate this chapter. In cases where the interpretation and application of the installation or maintenance standards prescribed in this chapter is in dispute, the board shall determine the methods of installation or maintenance to be used in the particular case submitted for its decision. To appeal the board's decision, a person, firm, partnership, corporation, or other entity shall, in writing, notify the chief boiler inspector. The notice shall specify the ruling or interpretation desired and the contention of the person, firm, partnership, corporation, or other entity as to the proper interpretation or application on the question on which a decision is desired.
     (2) Any person, firm, partnership, corporation, or other entity wishing to appeal a penalty issued under this chapter may appeal to the board. The appeal shall be filed within twenty days after service of the notice of the penalty to the assessed party by filing a written notice of appeal with the chief boiler inspector. The hearing and review procedures shall be conducted by the board in accordance with chapter 34.05 RCW.

Sec. 5   RCW 70.79.190 and 1951 c 32 s 20 are each amended to read as follows:
     A person whose commission has been suspended or revoked shall be entitled to an appeal as provided in ((RCW 70.79.360)) section 4 of this act and to be present in person and/or represented by counsel on the hearing of the appeal.

Sec. 6   RCW 70.79.320 and 1986 c 97 s 2 are each amended to read as follows:
     (1) It shall be unlawful for any person, firm, partnership, or corporation to operate under pressure in this state a boiler or unfired pressure vessel, to which this chapter applies, without a valid inspection certificate as provided for in this chapter.
     (2) The department may assess a penalty against a person violating a provision of this chapter. The penalty shall be not more than five hundred dollars. Each day that the violation continues is a separate violation and is subject to a separate penalty.
     (3) The department may not assess a penalty until it adopts rules describing the method it will use to calculate penalties for various violations.
     (4) The department shall notify the violator of its action, and the reasons for its action, in writing. The department shall send the notice by certified mail to the violator that a hearing may be requested under ((RCW 70.79.360)) section 4 of this act. The hearing shall not stay the effect of the penalty.

Sec. 7   RCW 70.79.170 and 1951 c 32 s 18 are each amended to read as follows:
     Examinations for ((chief,)) deputy((,)) or special inspectors shall be in writing and shall be held by the chief and a member of the board, or by at least two ((members of the board)) national board commissioned inspectors. Such examinations shall be confined to questions the answers to which will aid in determining the fitness and competency of the applicant for the intended service. In case an applicant for an inspector's appointment or commission fails to pass the examination, he may appeal to the board for another examination which shall be given by the ((board)) chief within ninety days. The record of an applicant's examination shall be accessible to said applicant and his employer.

NEW SECTION.  Sec. 8   RCW 70.79.360 (Appeal from orders or acts) and 1951 c 32 s 36 are each repealed.