H-2948.1 _______________________________________________
HOUSE BILL 2174
_______________________________________________
State of Washington 53rd Legislature 1994 Regular Session
By Representatives J. Kohl, Jacobsen, Lemmon, Long, Kremen, Linville, L. Johnson, Sommers, Appelwick, Cothern, Karahalios, Dorn, Foreman, Talcott, Wood, Heavey, Horn, Eide, Campbell, Orr, Brough, Jones, Carlson, Rayburn, Dyer, Johanson, Wineberry, Basich, Romero, Schoesler, Springer, Brown, Hansen, Leonard, Morris, Fuhrman, Chappell and Anderson
Prefiled 01/07/94. Read first time 01/10/94. Referred to Committee on Commerce & Labor.
AN ACT Relating to machines used for espresso coffee or similar applications; amending RCW 70.79.080; adding a new section 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. (1) The legislature finds that certain types and sizes of boilers and other pressure vessels are used for the purpose of generating low-pressure steam in espresso coffee and similar machines that are now as commonplace throughout Washington state as they are elsewhere throughout many foreign countries. To regulate these machines with low-pressure, steam-generating systems as true boilers would impose an undue regulatory and financial burden upon the many small, independent operators of the machines with little or no measurable or real public benefit. The boilers typically used in espresso coffee machines have a remarkable safety record with no known failures or explosions. These boilers hold no more than six gallons of water under a pressure of less than twenty-five pounds per square inch. Public health and safety is neither endangered nor compromised from the operation of these machines. Moreover, the legislature is aware of no other state or country that regulates these machines as true "boilers" subject to certification and inspection programs. In addition, the legislature has previously exempted certain types and sizes of boilers and pressure vessels from regulation and finds that adding one more exemption under this act is consistent with the legislature's policy of protecting public health and safety by means other than overregulating private industry and small businesses. The legislature finds that it is the public policy of this state that the construction, installation, and operation of boilers and pressure vessels consistent with section 2 of this act qualify these machines to be exempt from state regulation under chapter 70.79 RCW and chapter 296-104 WAC and from regulation under any comparable locally adopted ordinances and rules or regulations.
(2) The purpose of section 2 of this act is to expressly exempt certain sizes and types of machines that otherwise would technically qualify as either boilers or pressure vessels, or both, from state regulation under chapter 70.79 RCW and chapter 296-104 WAC, and from regulation under any comparable locally adopted ordinances and rules or regulations.
Sec. 2. RCW 70.79.080 and 1986 c 97 s 1 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 ambient temperature;
(10) Boilers and all types of pressure vessels used for such purposes as generating steam in espresso coffee machines and other similar applications having a tank volume of one and one-half cubic feet or less and operating under a maximum working pressure of twenty-five pounds per square inch or less, with means by pressure relief valve or otherwise to prevent excess pressure, and approved or certified by U.L., E.T.L., A.S.M.E., A.S.T.M., or another nationally recognized testing laboratory.
NEW SECTION. Sec. 3. A new section is added to chapter 70.79 RCW to read as follows:
A local government may not enforce a local ordinance, rule, or regulation with respect to the construction, installation, operation, maintenance, or inspection of boilers, pressure vessels, and hot water tanks under RCW 70.79.080(10).
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