WSR 08-20-107

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES
(Board of Boiler Rules)

[ Filed September 30, 2008, 10:23 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 08-16-103.

     Title of Rule and Other Identifying Information: Board of boiler rules -- Substantive (chapter 296-104 WAC).

     Hearing Location(s): Department of Labor and Industries, 950 Broadway, Suite 200, Tacoma, WA, on November 19, 2008, at 10:00 a.m.

     Date of Intended Adoption: November 25, 2008.

     Submit Written Comments to: Sally Elliott, Department of Labor and Industries, P.O. Box 44400, Olympia, WA 98504-4400, e-mail yous235@lni.wa.gov, fax (360) 902-5292, by 5:00 p.m. on November 19, 2008.

     Assistance for Persons with Disabilities: Contact Sally Elliott by November 1, 2008, yous235@lni.wa.gov or (360) 902-6411.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule making is to make clarification and technical changes to the Board of boiler rules -- Substantive (chapter 296-104 WAC) based on actions and requests of the board of boiler rules. The changes will:

• Clarify insurance inspector's responsibilities;
• Adopt current editions of inspection codes;
• Adopt nationally recognized fuel train standards;
• Clarify administrative codes for standards for repair; and
• Update references throughout the rule.

     Reasons Supporting Proposal: See Purpose above.

     Statutory Authority for Adoption: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, and 70.79.350.

     Statute Being Implemented: Chapter 70.79 RCW.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Board of boiler rules, governmental.

     Name of Agency Personnel Responsible for Drafting: Board of Boiler Rules, Tumwater, WA, (360) 902-5270; Implementation and Enforcement: Linda Williamson, Tumwater, WA, (360) 902-5270.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The board of boiler rules has considered whether these proposed rules are subject to the Regulatory Fairness Act and has determined that they do not require a small business economic impact statement because the costs associated with the proposed rules will not place a more than minor impact on any business or contractor and/or they are exempted by law (see RCW 19.85.025 referencing RCW 34.05.310(4)) from the small business economic impact requirements. The fees are exempt from the small business economic impact statement under RCW 34.05.328 (5)(b)(vi).

     A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis was not prepared because the costs associated with the proposed changes are exempted by law since the proposed changes are updating the rule for clarification (see RCW 19.85.025 referencing RCW 34.05.310(4) and 34.05.328 (5)(b)(vi)).

September 30, 2008

Steven Bacon, Chair

Board of Boiler Rules

OTS-1902.2


AMENDATORY SECTION(Amending WSR 01-24-061, filed 11/30/01, effective 12/31/01)

WAC 296-104-045   Administration -- What are the insurance companies' responsibilities?   All insurance companies shall notify the chief inspector within thirty days of all boiler and/or unfired pressure vessel risks written, canceled, not renewed or suspended ((because of unsafe conditions)). Special inspectors shall perform all in-service inspections of boilers and unfired pressure vessels insured by their employer. ((After a repair or alteration the in-service inspector is responsible to assure that proper documentation is completed and submitted to the department in accordance with the rules of the National Board Inspection Code (NBIC) as adopted in WAC 296-104-102.))

[Statutory Authority: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, 70.79.350, and chapter 70.79 RCW. 01-24-061, § 296-104-045, filed 11/30/01, effective 12/31/01. Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, § 296-104-045, filed 10/26/99, effective 11/26/99; 95-19-058, § 296-104-045, filed 9/15/95, effective 10/16/95; Part II, § 6, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 05-22-092, filed 11/1/05, effective 1/1/06)

WAC 296-104-102   Inspection -- What are the standards for in-service inspection?   Where a conflict exists between the requirements of the standards listed below and this chapter, this chapter shall prevail. The duties of the in-service inspector do not include the installation's compliance with other standards and requirements (environmental, construction, electrical, undefined industrial standards, etc.), for which other regulatory agencies have authority and responsibility to oversee.

     (1) The standard for inspection of nonnuclear boilers, unfired pressure vessels, and safety devices is the National Board Inspection Code (NBIC), ((2004)) 2007 edition Part 2, with addenda, excluding Section 6 Supplements 2, 5, 6, and 7 which may be used as nonmandatory guidelines. This code may be used on or after the date of issue and becomes mandatory twelve months after adoption by the board as specified in RCW 70.79.050(2).

     (2) The standard for inspection of historical steam boilers of riveted construction preserved, restored, or maintained for hobby or demonstration use, shall be Appendix "C" of the National Board Inspection Code ((as referenced in subsection (1) of this section)) (NBIC) 2004 edition with 2006 addenda.

     (3) The standard for inspection of nuclear items is ASME section XI. The applicable ASME Code edition and addenda shall be as specified in the owner in-service inspection program plan.

     (4) Where a petroleum or chemical process industry owner/user inspection agency so chooses, the standard for inspection of unfired pressure vessels used by the owner shall be the API-510 Pressure Vessel Inspection Code, ((eighth)) ninth edition, with addenda. This code may be used on or after the date of issue.

     (5) TAPPI TIP 0402-16, dated ((2001)) 2006 may be used for both pulp dryers and paper machine dryers when requested by the owner. When requested by the owner, this document becomes a requirement and not a guideline.

[Statutory Authority: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, and 70.79.350. 05-22-092, § 296-104-102, filed 11/1/05, effective 1/1/06. Statutory Authority: Chapter 70.79 RCW. 04-21-069, § 296-104-102, filed 10/19/04, effective 1/1/05. Statutory Authority: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, 70.79.350, and chapter 70.79 RCW. 01-24-061, § 296-104-102, filed 11/30/01, effective 12/31/01. Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, § 296-104-102, filed 10/26/99, effective 11/26/99; 98-22-024, § 296-104-102, filed 10/28/98, effective 11/28/98; 96-21-081, § 296-104-102, filed 10/16/96, effective 11/16/96. Statutory Authority: RCW 70.79.040. 94-21-002, § 296-104-102, filed 10/5/94, effective 11/5/94.]


AMENDATORY SECTION(Amending WSR 99-22-026, filed 10/26/99, effective 11/26/99)

WAC 296-104-105   Inspection -- How much time is required for notification of an internal inspection?   Seven days will be considered sufficient notification. The owner or user shall prepare each boiler and unfired pressure vessel for internal inspection and shall prepare for and apply a hydrostatic pressure test whenever necessary on the date specified by the inspector.

[Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, § 296-104-105, filed 10/26/99, effective 11/26/99; 95-19-058, § 296-104-105, filed 9/15/95, effective 10/16/95; Part III, § 2, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 08-12-015, filed 5/27/08, effective 6/30/08)

WAC 296-104-200   Construction -- What are the standards for new construction?   The standards for new construction are:

     (1) ASME Boiler and Pressure Vessel Code, 2007 edition, with addenda Sections I, III, IV, VIII, Division 1, 2, 3, X, XII;

     (2) ASME PVHO-1 2007 Safety Standard for Pressure Vessels for Human Occupancy; and

     (3) ASME CSD-1 Part CF 2004 edition with addenda (((as referenced in WAC 296-104-302))); and

     (4) NFPA 85 Boiler and Combustion Systems Hazards Code 2004 edition (for use with boilers with fuel input ratings of 12, 500,000 BTU/hr) or greater; and

     (5) Standards of construction approved by the chief inspector and meeting the National Board Criteria for Registration of Boilers, Pressure Vessels and Other Pressure Retaining Items.

     These codes and standards may be used on or after the date of issue and become mandatory twelve months after adoption by the board as specified in RCW 70.79.050(2). ASME Code Cases may be approved for use when accepted by the chief inspector. The board recognizes that the ASME Code states that new editions of the code become mandatory on issue and that subsequent addenda become mandatory six months after the date of issue. For nuclear systems, components and parts the time period for addenda becoming mandatory is defined in the Code of Federal Regulations.

[Statutory Authority: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, and 70.79.350. 08-12-015, § 296-104-200, filed 5/27/08, effective 6/30/08; 06-24-042, § 296-104-200, filed 11/30/06, effective 1/1/07; 05-22-092, § 296-104-200, filed 11/1/05, effective 1/1/06. Statutory Authority: Chapter 70.79 RCW. 04-21-069, § 296-104-200, filed 10/19/04, effective 1/1/05. Statutory Authority: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, 70.79.350, and chapter 70.79 RCW. 02-23-036, § 296-104-200, filed 11/13/02, effective 12/14/02; 01-24-061, § 296-104-200, filed 11/30/01, effective 12/31/01. Statutory Authority: RCW 70.79.030, 70.79.040 and chapter 70.79 RCW. 00-21-024, § 296-104-200, filed 10/10/00, effective 11/13/00. Statutory Authority: RCW 70.79.030 and 70.79.040. 98-22-024, § 296-104-200, filed 10/28/98, effective 11/28/98; 97-20-109, § 296-104-200, filed 9/30/97, effective 10/31/97; 96-21-081, § 296-104-200, filed 10/16/96, effective 11/16/96. Statutory Authority: RCW 70.79.040. 93-12-014, § 296-104-200, filed 5/21/93, effective 6/21/93; 92-11-070, § 296-104-200, filed 5/20/92, effective 6/20/92; 91-11-107, § 296-104-200, filed 5/22/91, effective 6/22/91; 90-04-009, § 296-104-200, filed 1/26/90, effective 2/26/90. Statutory Authority: RCW 70.79.040 and 70.79.050. 86-01-088 (Order 85-26), § 296-104-200, filed 12/19/85. Statutory Authority: RCW 70.79.030 and 70.79.330. 84-11-016 (Order 84-09), § 296-104-200, filed 5/10/84; 82-24-025 (Order 82-36), § 296-104-200, filed 11/23/82, effective 1/1/83. Statutory Authority: RCW 70.79.030. 82-05-003 (Order 82-2), § 296-104-200, filed 2/4/82; 81-12-012 (Order 81-10), § 296-104-200, filed 5/28/81; 81-01-114 (Order 80-28), § 296-104-200, filed 12/24/80; 80-05-065 (Order 80-7), § 296-104-200, filed 4/23/80; 79-05-054 (Order 79-7), § 296-104-200, filed 4/30/79; 78-10-096 (Order 78-19), § 296-104-200, filed 10/3/78; Order 77-23, § 296-104-200, filed 11/8/77; Order 77-9, § 296-104-200, filed 5/26/77; Order 75-35, § 296-104-200, filed 10/29/75; Order 74-37, § 296-104-200, filed 11/8/74; Order 73-1, § 296-104-200, filed 3/22/73; Order 72-17, § 296-104-200, filed 9/28/72; Order 72-11, § 296-104-200, filed 7/7/72; Part IV, § 1, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 05-22-092, filed 11/1/05, effective 1/1/06)

WAC 296-104-302   Installation -- What fuel controls ((and limit devices)) are required on automatically fired boilers after December 1998?   In addition to those requirements listed in WAC 296-104-301, 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, ((with fuel input ratings of less than 12,500,000 BTU/hr which are fired by gas, oil, or a combination of gas or oil shall comply with the fuel train requirements defined in ASME CSD-1 (CF), as adopted in WAC 296-104-200 where applicable)) 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) ((Verification of fuel train compliance will be per CSD-1. A CSD-1 report will be completed and signed by an authorized representative of the manufacturer and/or the installing contractor.

     (3) The CSD-1 report must be made available to the authorized inspection agency or the inspector after which a certificate of operation may be issued. The report shall remain in the possession of the boiler owner.)) 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.

[Statutory Authority: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, and 70.79.350. 05-22-092, § 296-104-302, filed 11/1/05, effective 1/1/06. Statutory Authority: Chapter 70.79 RCW. 04-21-069, § 296-104-302, filed 10/19/04, effective 1/1/05.]


AMENDATORY SECTION(Amending WSR 06-24-042, filed 11/30/06, effective 1/1/07)

WAC 296-104-502   Repairs -- What ((are the requirements)) is the standard for nonnuclear ((boilers and unfired pressure vessel)) repairs and alterations?   ((Repairs and alterations to nonnuclear boilers and pressure vessels shall be made in accordance with the rules of the National Board Inspection Code (NBIC) as adopted in WAC 296-104-102. 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 be made by an organization in possession of a valid Certificate of Authorization for use of the "R" symbol stamp, issued by the national board provided such repairs/alterations are within the scope of the 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 296-104-102, shall be submitted to the department.)) The standard for repairs/alterations is:

     (1) National Board Inspection Code (NBIC), 2007 edition Part 3, with addenda, excluding Section 6 Supplements 2, 5, 6, and 7 which may be used as nonmandatory guidelines.

     (2) The standard for repair of historical boilers or riveted construction preserved, restored, or maintained for hobby or demonstration use, shall be Appendix C of the National Board Inspection Code (NBIC) 2004 edition with 2006 addenda.

[Statutory Authority: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, and 70.79.350. 06-24-042, § 296-104-502, filed 11/30/06, effective 1/1/07. Statutory Authority: Chapter 70.79 RCW. 04-21-069, § 296-104-502, filed 10/19/04, effective 1/1/05. Statutory Authority: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, 70.79.350, and chapter 70.79 RCW. 02-23-036, § 296-104-502, filed 11/13/02, effective 12/14/02; 01-24-061, § 296-104-502, filed 11/30/01, effective 12/31/01. Statutory Authority: RCW 70.79.030, 70.79.040 and chapter 70.79 RCW. 00-21-024, § 296-104-502, filed 10/10/00, effective 11/13/00. Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, § 296-104-502, filed 10/26/99, effective 11/26/99; 98-22-024, § 296-104-502, filed 10/28/98, effective 11/28/98. Statutory Authority: RCW 70.79.040. 94-21-002, § 296-104-502, filed 10/5/94, effective 11/5/94.]


NEW SECTION
WAC 296-104-503   Repairs -- What are the requirements for nonnuclear boilers and unfired pressure vessel repairs and alterations?   Repairs and alterations to nonnuclear boilers and pressure vessels shall be made in accordance with the rules of the National Board Inspection Code (NBIC) 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 be made by an organization in possession of a valid Certificate of Authorization for use of the "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.

[]


AMENDATORY SECTION(Amending WSR 06-24-042, filed 11/30/06, effective 1/1/07)

WAC 296-104-520   Repairs -- What are the requirements for repair of nonnuclear safety devices?   (1) The resetting, repairing, and restamping of safety valves and relief valves shall be done by a qualified valve repair organization holding a valid "VR" Certificate of Authorization issued by the National Board of Boiler and Pressure Vessel Inspectors. ASME valve manufacturers holding a valid "V," "HV," and "UV" Certificate(s) of Authorization may also do this work provided they also have a valid "VR" Certificate of Authorization issued by the national board.

     (2) With jurisdictional approval, boiler and pressure vessel owners/users, may authorize external adjustments to bring their installed safety valves and relief valves, back to the stamped set pressure when performed by the owner/user's trained, qualified, regular, and full-time employees. Refer to ((Appendix "J")) Supplement 7.10 of the National Board Inspection Code as referenced in WAC ((296-104-102)) 296-104-502(1) for guidelines regarding training, documentation, and the implementation of a quality system for the owner/user employees. All such external adjustments shall be resealed with a metal tag showing the identification of the organization making the adjustments and the date. If any valve repairs are required, they shall be done by a qualified "VR" certificate holder.

     (3) Repairing of noncode relief or safety valves shall not be allowed, except as specified below. Noncode liquid relief valves installed prior to 1-1-85 shall be repaired by an organization holding a valid "VR" Certificate of Authorization, but need not be stamped.

[Statutory Authority: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, and 70.79.350. 06-24-042, § 296-104-520, filed 11/30/06, effective 1/1/07. Statutory Authority: Chapter 70.79 RCW. 04-21-069, § 296-104-520, filed 10/19/04, effective 1/1/05. Statutory Authority: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, 70.79.350, and chapter 70.79 RCW. 04-01-194, § 296-104-520, filed 12/24/03, effective 1/24/04. Statutory Authority: RCW 70.79.030 and 70.79.040. 98-22-024, § 296-104-520, filed 10/28/98, effective 11/28/98; Part VII, § 5, filed 3/23/60.]

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