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 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 (Department).
Rules adopted by the Board are permissive for the first 12 months after adoption, after which they become mandatory.
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. 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 various violations. 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.
Boiler Operator Certification.
Beginning January 1, 2029, it is unlawful for a 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, requirements, duties, and responsibilities established by the Department.
For a Grade I Boiler Operator Certification, the applicant must:
For a Grade II Boiler Operator Certification, the applicant must:
For a Grade III Boiler Operator Certification, the applicant must:
For a Grade IV Boiler Operator Certification, the applicant must:
For a Grade V Boiler Operator Certification, the applicant must furnish evidence of qualification of examination as required by the Department.
The Department 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.
The Department must issue certifications to applicants who passes an examination and meet other qualifications established by the Department. An applicant who meets the minimum requirements for certification is eligible to take the examination, which must be prepared by the Department with the consent of the Board of Boiler Rules (Board). The examination must be constructed to determine:
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. 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:
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 penalties 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 the 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 in compliance with the order.
Violators of boiler operator certification requirements are subject to the same monetary penalties as individuals who violate other requirements relating to boilers and pressure vessels.
Local Government Regulation.
After the Department adopts rules relating to boiler operator certification, a city performing certification of boiler operators may continue to administer its program if it:
After the Department adopts rules relating to boiler operators, and until January, 1, 2030, 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 Department 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:
Rulemaking.
The Board must adopt rules necessary to administer the certification program, which must take effect on January 1, 2028. The rules must specify the duties and responsibilities for certified boiler operators and set the initial fees for issuing and renewing boiler operator certifications. Changes to the fees must be adopted in rule by the Board, instead of the Department. The fees must cover, but not exceed, the costs of issuing and renewing the certifications and of administering and enforcing the boiler operator certification requirements.
The requirement that rules adopted by the Board be permissive for the first 12 months after enactment is eliminated.
The amended bill:
(In support) This bill is about safety standards. Boilers are used in a wide variety of contexts, including schools and hospitals. They can create risk if they are not operating correctly. This bill is important to the safety of both workers and the public. High standards should be a priority. It is essential for operators to possess the necessary skills, training, and abilities for safe boiler operation and maintenance. Employees of electric generating facilities should be exempt because they already have specialized training. Three cities are already certifying boiler operators, but this should be done across the state. This bill does not eliminate local certification programs.
(Opposed) None.
(Other) Refineries already have rigorous safety standards and use a multilayered approach, including inspections and automated safety systems. This helps to protect workers in Washington communities.
(In support) Senator Curtis King, prime sponsor; Larry Kratz; and Christine Reid, IBEW LU 77.