Subject to certain exceptions, boilers and unfired pressure vessels are subject to rules adopted by the Board of Boiler Rules (Board) regarding the safe and proper construction, installation, repair, use, and operation of boilers and pressure vessels.  For example, a permit is required to install or reinstall a boiler or pressure or pressure vessel.  Exceptions to the requirements relating to boilers and pressure vessels include boilers and pressure vessels located on farms, certain steam boilers used exclusively for heating purposes, and certain hot water heaters.  The requirements relating to boilers and unfired pressure vessels are enforced by a chief inspector, who is appointed by the Director of the Department of Labor and Industries. 

Rules adopted by the Board are permissive for the first 12 months after adoption, after which they become mandatory. 

Boiler Operator Certification.

It is unlawful for an person, firm, partnership, corporation, or other entity to operate a boiler without a valid boiler operator certification issued by the Department of Labor and Industries (Department).  Five different grades of boiler operator certifications are established, with experience levels and requirements established for each by the Board of Boiler Rules (Board).

For a Grade I Boiler Operator Certification, the applicant must:

• have an aggregate of five years of experience operating high or low pressure boiler plants or equivalent experience;
• have attended a recognized school of technology and have aggregate of three years of experience operating high or low pressure boiler plants or equivalent experience; or
• have attended a recognized training program and have an aggregate of four years of experience operating high or low pressure boiler plants or equivalent experience.

For a Grade II Boiler Operator Certification, the applicant must:

• have an aggregate of four years of experience operating high or low pressure boiler plants or equivalent experience;
• have attended a recognized school of technology and have an aggregate of two years of experience operating high or low pressure boiler plants or equivalent experience; or
• have attended a recognized training program and have an aggregate of three years of experience operating high or low pressure boiler plants or equivalent experience.

For a Grade III Boiler Operator Certification, the applicant must:

• have an aggregate of three years' experience operating high or low pressure boiler plants or equivalent experience;
• have attended a recognized school of technology and have an aggregate of one year of experience operating high or low pressure boiler plants or equivalent experience; or
• have attended a recognized training program and have an aggregate of two years of experience operating high or low pressure boiler plants or equivalent experience.

For a Grade IV Boiler Operator Certification, the applicant must:

• have an aggregate of one year of experience operating high or low pressure boiler plants or equivalent experience;
• have attended a recognized school of technology and have an aggregate of 80 hours of observation experience operating high or low pressure boiler plants or equivalent experience; or
• have attended a recognized training program and have an aggregate of 120 hours of observation experience operating high or low pressure boiler plants or equivalent experience.

For a Grade V Boiler Operator Certification, the applicant must furnish evidence of qualification of examination as required by the Department.

The Board may adopt rules establishing the requisite level of continuing education required for certification renewal.  The number of hours of continuing education must be at least eight hours every four years.

Examination.

An applicant who meets the minimum requirements for certification is eligible to take an examination prepared by the Department with the consent of the Board.  The examination must be constructed to determine:

• whether the applicant possesses varied knowledge of the technical information and practical procedures that are identified with the level boiler operation; and
• whether the applicant is familiar with the applicable national and international codes, state laws, and rules pertaining to boiler operation and general maintenance.

The Department may enter into a contract with a nationally recognized testing agency to develop, administer and score the examination.  An applicant must pay an examination fee, which must be set by contract with the testing agency, if applicable.  The fee must cover, but not exceed, the costs of preparing and administering the examination and the materials necessary to conduct the practical elements of the examination.  The Department must approve training courses for the examination.

The Department must certify the results of the examination and notify the applicant whether the applicant has passed or failed.  An applicant who has failed the examination may retake the examination an unlimited number of times. 

The examination is not required for any applicant for a certificate of competency who, on December 31, 2027, was engaged in a bona fide business or trade of boiler operation and maintenance, held a valid certificate of license issued by a political subdivision of the state, and whose certification was valid at the time of making application for the certificate.  To qualify for certification without examination, the applicant must apply by October 1, 2028. 

Temporary Permits.

The Department may grant a temporary boiler operator permit upon the request of a boiler operator coming from another state during.  The temporary permit allows the applicant to engage in the trade of boiler operator during the period of time between applying for a boiler operator certificate and taking the examination.  The temporary permit may include a photograph of the boiler operator.  A temporary permit may not be issued to an applicant who has failed the examination or an applicant who has not furnished evidence of the requisite experience or education for the state certificate.

Enforcement.

The Department may revoke or suspend a boiler operation certification for any of the following reasons:

• the certification was obtained through error or fraud;
• the certification holder is judged to be incompetent to carry on the trade of boiler operation and maintenance at the level of boiler operation identified on the holder's certification; or
• the certificate holder has violated any state laws or rules relating to boilers and unfired pressure vessels.

Before revoking a certification, the Department must send written notice to the holder's last address using a method by which the mailing may be tracked or the delivery confirmed.  The notice must list the allegations against the certificate holder and give the certificate holder the opportunity to request a hearing before the Board, which must be made within 20 days of receiving the notice.  At the hearing, which must be conducted under the Administrative Procedures Act (APA), the Department and the certificate holder may produce witnesses and give testimony.  A majority of the Board is necessary to render a decision, which must be based on the testimony and evidence presented.  The Board must notify the parties immediately upon reaching a decision.

The Department may deny renewal of a boiler operator certification if the applicant owes outstanding for a final judgment.  The applicant must be notified of the denial using a method by which the mailing may be tracked or the delivery confirmed to the address on the application.  The applicant may appeal the denial to the Board within 20 days after receiving service of the notice by filing the appeal with the Chief Boiler Inspector.  The appeal must be conducted under the APA.

The Department must immediately suspend a boiler operator certification if holder of the certification is noncompliant with a child support order.  Reissuance of the certificate is automatic upon notice by the Department of Social and Health Services that the person is compliance with the order.

The Department may assess a penalty of up to $500 against a person, firm, partnership, corporation, or other entity violating provisions relating to boilers and unfired pressure vessels, including the provisions relating to boiler operator certification.  Each day the violation continues is a separate violation and is subject to a separate penalty. 

The Department may not assess a penalty until the Board adopts rules related to the method it uses to calculate penalties for violations of boiler operator requirements.  The Department must notify the violator in writing of its action and its reasons for the action.  The notice must be sent to the violator using a method by which the mailing may be tracked or the delivery confirmed.  A hearing may be requested, but does not stay the effect of the penalty.

Local Government Regulation.

A city performing certification of boiler operators may continue to administer its program if it:

• has adopted ordinances with requirements equal to, or higher than, the state requirements relating to the operation of boilers and the certification of boiler operators; and
• actively enforces the ordinances.

After the Board adopts rules relating to boiler operators, and until January, 1, 2029, a city-issued boiler operator certification has the same force and effect as a state-issued certification.  This does not prohibit a city from requiring its own boiler operator certification and cities are not prohibited from charging fees necessary to implement their programs.  The Board must adopt rules for the removal of city certification programs that do not adhere to state requirements.

Exemptions.

The boiler operator certification requirements do not apply to: 

• individuals employed by an owner or operator of a refinery engaged in petroleum refining, organic chemical manufacturing, or petrochemical manufacturing; or
• steam boilers or unfired pressure vessels that are part of an electric generating facility that produces qualified biomass energy. 

Rulemaking.

The Board must adopt rules necessary to administer the certification program, which must take effect on January 1, 2028. 

The requirement that rules adopted by the Board be permissive for the first 12 months after enactment is eliminated.