WSR 97-15-138

PROPOSED RULES

BOARD OF BOILER RULES

[Filed July 23, 1997, 10:41 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-11-004.

Title of Rule: Chapter 296-104 WAC.

Purpose: To comply with actions taken by the Board of Boiler Rules and to update current rules using clear rule writing.

Statutory Authority for Adoption: RCW 70.79.030, 70.79.040.

Statute Being Implemented: Duties of board-make definitions, rules and regulations Boiler Construction Code. Rules and regulations--Scope.

Summary: WAC 296-104-200 Construction--Standards for new construction, adopts CSD-1 of the ASME Code, clarifies wording.

WAC 296-104-215 Construction--Nonstandard boilers and unfired pressure vessels, deletes wording for clarification and to conform to intent of chapter 70.79 RCW.

WAC 296-104-265 Installation--Control and limit devices, retitles for consistency and clarification.

WAC 296-104-270 Inspection of systems--Explosion doors, retitles as Installation--What are the requirements for an explosion door? Rewords using clear rule writing.

WAC 296-104-285 Inspection--Unfired pressure vessels in places of public assembly, retitles as Inspection--Which unfired pressure vessels in places of public assembly are subject to these rules? Renumbers as WAC 296-104-107 for continuity. Rewords for clarification using clear rule writing.

WAC 296-104-300 New installations--Ladders and runways, retitles as Installation--When do I need to provide platforms around boilers? Rewords for clarification using clear rule writing.

WAC 296-104-305 New installations--Exits from boiler rooms, retitles as Installation--How many exits are required in boiler rooms? Rewords using clear rule writing.

WAC 296-104-310 New installations--Discharge from safety valves, blow offs and drains, retitles as Installation--Where should the discharge from safety valves, blowoffs and drains be directed? Rewords for clarification using clear rule writing.

WAC 296-104-320 New installations--Underground installations, retitles as Installation--What are the requirements for underground installations? Rewords/further clarifies requirements using clear rule writing.

WAC 296-104-325 Installations--Supports, retitles as Installations--What are the requirements for boiler and pressure vessel supports?

WAC 296-104-330 New installations--Pressure reducing valves, retitles as Installations--What are the relief or safety valva [valve] requirements when pressure reducing valves are used? Rewords for clarification using clear rule writing.

WAC 296-104-405 Existing installations--Existing boilers or unfired pressure vessels, retitles as Existing installations--How can the maximum allowable working pressure be established for nonstandard boilers or unfired pressure vessels? Rewords using clear rule writing.

Repealing WAC 296-104-400 Existing installations--Stamping of existing boilers and unfired pressure vessels, 296-104-410 Existing installations--Noncode steel heating boilers, and 296-104-415 Existing installations--Noncode cast iron boilers.

Reasons Supporting Proposal: To comply with actions taken by the Board of Boiler Rules to clarify wording, make existing WACs consistent with nationally accepted codes and standards and to respond to industry requests and public safety factors.

Name of Agency Personnel Responsible for Drafting: Board of Boiler Rules, 7273 Linderson Way S.W., Tumwater, (360) 902-5270; and Implementation: Dick Barkdoll and Pat Carlson-Brown, 7273 Linderson Way S.W., (360) 902-5270.

Name of Proponent: Board of Boiler Rules, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 296-104-200, adopts new section of ASME Code requirements for compliance; WAC 296-104-215, deletes a certain provision for clarification and to conform to intent of chapter 70.79 RCW; WAC 296-104-265, retitles for consistency and clarification; WAC 296-104-270, retitles using clear rule writing. Clarifies rule; WAC 296-104-285, retitles using clear rule writing. Renumbers for consistency. Deletes unnecessary wording; WAC 296-104-300, retitles using clear rule writing. Clarifies wording and adds more specific information; WAC 296-104-305, retitles using clear rule writing. Clarifies wording and adds new provision to meet specific codes; WAC 296-104-310, retitles using clear rule writing. Adds new wording for clarification; WAC 296-104-320, retitles using clear rule writing. Expands requirements for clarity and safety; WAC 296-104-325, retitles using clear rule writing; WAC 296-104-330, retitles using clear rule writing. Rewords and clarifies requirements for compliance; WAC 296-104-405, rewords using clear rule writing. Adds specific maximum allowable working pressures for different types of vessels. Rewords definitions of formula for those not listed or when original construction code is unknown; and repealing WAC 296-104-400, covered under WAC 296-104-140, WAC 296-104-410, covered under WAC 296-104-405, and WAC 296-104-415, covered under WAC 296-104-405.

Proposal Changes the Following Existing Rules: Summary of Proposed Rule: The boiler section of the Department of Labor and Industries is proposing multiple changes to chapter 296-104 WAC, Board of Boiler Rules. The proposed amendments will make the current standard consistent with national codes and standards, and make the intent of the standard more clear.

Based on discussions with program staff, the proposed changes will generate no economic impact on business.

Small Business Economic Impact Statement: The Regulatory Fairness Act, chapter 19.85 RCW, requires that the economic impact of proposed regulations be analyzed in relation to small business, and outlines the information that must be included in a small business economic impact statement (SBEIS). Preparation of an SBEIS is required when a proposed rule has the potential of placing a more than minor economic impact on business.

However, in this instance, the proposed rule does not have the potential of placing a more than minor economic impact on business. Thus, an SBEIS is not required.

Evaluation of Probable Costs and Probable Benefits: The department is further exempted from evaluating the probable costs and probable benefits of the proposed rule as required by RCW 34.05.328 (1)(c) of the Administrative Procedure Act, based on the fact that the proposed rule is not considered "significant," as defined by the legislature.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The Board of Boiler Rules and the department have considered whether these rules are subject to the Regulatory Fairness Act and have determined that they are not for the following reasons: The changes made are for clarification of existing rules of chapter 296-104 WAC and consistency with national codes and standards. Clear rule writing was used in the clarifying and those rules covered elsewhere were deleted. No fees were increased.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. RCW 34.05.328 exempts the Board of Boiler Rules from the significant rules requirements and although the criteria does not apply, the board chooses to apply the criteria.

Hearing Location: Department of Labor and Industries, 7273 Linderson Way S.W., Tumwater, on September 16, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Dick Barkdoll by September 16, 1997, (360) 902-5270.

Submit Written Comments to: Dick Barkdoll, Department of Labor and Industries, Boiler Section, P.O. Box 44410, Olympia, WA 98504-4410, FAX (360) 902-5272, by September 15, 1997.

Date of Intended Adoption: September 30, 1997.

July 23, 1997

Charles Butros

Chairman

NEW SECTION

WAC 296-104-107 Inspection--Which unfired pressure vessels in places of public assembly are subject to these rules? All unfired pressure vessels in places of public assembly are subject to these rules except those:

(1) Less than 1 1/2 cubic feet (11.25 gallon) in volume with a safety valve setting of 150 psi, or less; or

(2) Less than 6 inches in diameter, and less than 5 cubic feet (37.5 gallon) in volume with a safety valve set at any pressure.

[]

AMENDATORY SECTION (Amending WSR 96-21-081, filed 10/16/96, effective 11/16/96)

WAC 296-104-200 Construction--Standards for new construction. The standards for new construction are the ASME Boiler and Pressure Vessel Code, Sections I, III, IV, VIII, ((and)) X, and CSD-1 1995 edition, ((with addenda)) and the ASME/ANSI PVHO-1 (Standard for Pressure Vessels for Human Occupancy), 1987 edition. 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). 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. ((Also, in circumstances such as)) 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 and 70.79.040. 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 96-21-081, filed 10/16/96, effective 11/16/96)

WAC 296-104-215 Construction--Nonstandard boilers and unfired pressure vessels. Nonstandard boilers and unfired pressure vessels constructed prior to January 1, 1952, may be used provided they have not been moved from their original setting since January 1, 1952((, or ownership has not changed since January 1, 1952)).

[Statutory Authority: RCW 70.79.030 and 70.79.040. 96-21-081, 296-104-215, filed 10/16/96, effective 11/16/96; Part IV, 4, filed 3/23/60.]

AMENDATORY SECTION (Amending Order 87-25, filed 12/17/87)

WAC 296-104-265 ((Inspection of systems)) Installation--Control and limit devices. All automatically fired steam, vapor, or hot water boilers ((excepting)) except boilers having a constant attendant who has no other duties while the boiler is in operation, shall be equipped with an automatic low-water fuel cut-off and an automatic water feeding device. These may be incorporated in one body or may be separate devices. Designs embodying a float and float bowl shall have a vertical straight-away valve drain pipe at lowest point in the water equalizing pipe connection by which the bowl and equalizing pipe can be flushed and the device tested. Immersion units shall be designed so that they may be readily tested at frequent intervals. All boilers ((newly)) installed after June 1989 that are automatically fired low pressure steam heating boilers, small power boilers, and power steam boilers without a constant attendant who has no other duties shall be equipped with two high steam pressure limit controls, one of which shall be provided with a manual reset on the control with the highest setting, and two low-water fuel cut-offs, one of which shall be provided with a manual reset device and independent of the feed water controller. Coil type flash steam boilers may use two high-temperature limit controls, one of which shall be manually reset in the hot water coil section of the boiler instead of the low-water fuel cut-off. Control and limit devices shall be independently connected and electrically wired in series.

All automatically fired hot water supply, low-pressure hot water heating boilers, and power hot water boilers shall be equipped with two high-temperature limit controls, one of which shall be provided with a manual reset on the control with the highest setting, and one low-water fuel cut-off with a manual reset and independent of the feed water controller. For coil type hot water boilers a low-water flow limit control installed in the circulating water line may be used instead of a low-water fuel cut-off. Control and limit devices shall be independently connected and electrically wired in series. All boilers installed or refitted after 1998, which are fired by gas, oil, or a combination of gas or oil shall comply with any additional fuel train requirements defined in ASME CSD-1 where applicable, as adopted in WAC 296-104-200.

[Statutory Authority: RCW 70.79.240. 88-01-064 (Order 87-25), 296-104-265, filed 12/17/87; Part IV, 14, filed 3/23/60.]

AMENDATORY SECTION (Amending Part IV, filed 3/23/60)

WAC 296-104-270 ((Inspection of systems)) Installation--What are the requirements for an explosion door((s.))? ((Explosion doors, if used and if located in setting walls within seven feet of the firing floor or operating platform shall be provided with substantial deflectors to divert the blast.)) Provide substantial deflectors to divert the blast when explosion doors are located within seven feet of the firing floor or an operating platform.

[Part IV, 15, filed 3/23/60.]

AMENDATORY SECTION (Amending Part V, filed 3/23/60)

WAC 296-104-300 ((New)) Installation((s))--((Ladders and runways.)) When do I need to provide platforms around boilers? Provide platforms allowing safe access to each boiler, when the boiler controls, valves, manholes, or casing openings are over ten feet ((from)) above the ((fireroom)) floor((, a fireproof runway or platform shall be provided, with handrails, at a convenient level for the purpose of affording safe access to the boiler. When runway or platform is more than twelve feet in extent, at least two means of exit shall be provided, each exit to be remotely located from the other. The provisions of this paragraph are mandatory for power boilers and are recommended for low pressure boilers)).

[Part V, filed 3/23/60.]

AMENDATORY SECTION (Amending Part V, filed 3/23/60)

WAC 296-104-305 ((New)) Installation((s))--((Exits from boiler rooms.)) How many exits are required in boiler rooms? (1) For boiler rooms containing a boiler or a combination of boilers of over 2,000 square feet of heating surface ((shall have)), provide at least two ((means of)) exits((, each remotely located from the other)) on opposite sides of the boiler(s).

(2) Each floor elevation ((shall)) change of 10 feet or more must have ((at least two means of egress, each remotely located from the other. At least one means of exit, in case of a difference in elevation, shall be by ramp or stairway of standard design)) two exits from that elevation.

(3) All exits shall meet Washington state building codes or local building codes as applicable.

[Part V, filed 3/23/60.]

AMENDATORY SECTION (Amending Part V, filed 3/23/60)

WAC 296-104-310 ((New)) Installation((s))--Where should the discharge from safety valves, blow offs and drains((.)) be directed? Direct the discharge from safety valves, blow offs and drains ((shall be located)) to prevent injury to personnel or property. Run the discharge line outside the building from single or multiple safety valves ((on boilers)) with a capacity of 5,000 pounds of steam per hour ((capacity of single or multiple units shall be extended outside of building)) or more.

[Part V, filed 3/23/60.]

AMENDATORY SECTION (Amending Part V, filed 3/23/60)

WAC 296-104-320 ((New)) Installation((s))--What are the requirements for underground installations((.))? Where necessary to install a pressure vessel underground((,)):

(1) It shall be enclosed in a concrete or masonry pit ((with)).

(2) If covered the cover shall be removable ((cover so that inspection of the entire shell and heads of the vessel can be made)).

(3) A minimum clearance of 18 inches shall be provided between the pressure vessel proper and the ceiling, adjacent walls, or other structures.

(4) All manhole openings shall have a minimum of 5 feet of clearance from any wall, ceiling, or piping that could prevent a person from entering the pit or vessel.

[Part V, 5, filed 3/23/60]

AMENDATORY SECTION (Amending Part V, filed 3/23/60)

WAC 296-104-325 ((New)) Installation((s))--((Supports.)) What are the requirements for boiler and pressure vessel supports? Each boiler or unfired pressure vessel shall be supported by masonry or structural supports of sufficient strength and rigidity to safely support the vessel and its contents. There shall be no excessive vibration in either the vessel or its connecting piping.

[Part V, 6, filed 3/23/60.]

AMENDATORY SECTION (Amending Part V, filed 3/23/60)

WAC 296-104-330 ((New)) Installation((s))--What are the relief or safety valve requirements when pressure reducing valves((.)) are used? (1) Where pressure reducing valves are used, one or more relief or safety valve(s) and pressure gauge(s) shall be provided on the low pressure side of the reducing valve ((in case the piping or equipment on the low pressure side does not meet the requirement for the full initial pressure)). The relief or safety valve(s) shall be located ((adjoining to or)) as close as possible to the reducing valve. ((Proper protection shall be provided to prevent injury or damage caused by the escaping steam from the discharge of relief or safety valves if vented to the atmosphere.)) The combined discharge capacity of the relief valves shall be such that the pressure rating of the lower pressure piping or equipment shall not be exceeded in case the reducing valve sticks open. Discharge lines shall comply with WAC 296-104-310.

(2) The use of hand-controlled bypasses around reducing valves is permissible. The bypass ((if used around a reducing valve)) shall not be greater in capacity than the reducing valve unless the piping or equipment is adequately protected by a relief valve(s) or meets the requirements of the high pressure system. ((It is mandatory that a pressure gauge as well as a relief valve be installed on the low pressure side of a reducing valve.))

[Part V, 7, filed 3/23/60.]

AMENDATORY SECTION (Amending Part VI, filed 3/23/60)

WAC 296-104-405 Existing installation((s))--((Existing)) How can the maximum allowable working pressure be established for nonstandard boilers or unfired pressure vessels((.))? The maximum allowable working pressure MAWP shall be ((determined by the following formula)) established as follows:

(1) For nonstandard steel low pressure steam heating boilers the MAWP shall be computed from the formula in subsection (5) of this section not exceeding 15 psi steam.

(2) For nonstandard steel low pressure water heating boilers the MAWP shall be computed from the formula in subsection (5) of this section not exceeding 160 psi.

(3) For nonstandard cast iron low pressure steam heating boilers the MAWP shall not exceed 15 psi steam.

(4) For nonstandard cast iron low pressure water heating boilers the MAWP shall not exceed 30 psi.

(5) For boilers and unfired pressure vessels not listed above, where the original code of construction is unknown, the following formula will be used.

TS x t x E

------------- = M A W P

R x FS

TS = Tensile Strength in psi as given in ASME Code, when material cannot be identified use 55,000 for steel and 45,000 for wrought iron.

t = thickness in inches of the thinnest part determined by actual measurement.

E = efficiency of longitudinal joint or ligament, whichever is the least, determined by the rules and formula in the ASME Code. When construction methods are not known welded joint efficiency will be 70%.

R = radius of largest course in inches.

FS = ((the minimum for boilers shall be 5; for reinstalled or second hand boilers, 6; for boilers with longitudinal lap seams, 8 (age limit for such boilers 30 years, may then be used at 15 psi provided they can otherwise pass inspection).)) Factor of Safety, for boilers shall be a minimum of 5. For boilers with a longitudinal lap seam it shall be a minimum 8. Boilers with a longitudinal lap seam, unless granted a special permit, may only be used at a maximum of 15 psi provided they have passed inspection. The minimum for unfired pressure vessels shall be 4 when less than 20 years old, 4 1/2 when over 20 years old.

((The minimum for unfired pressure vessels shall be 4 when less than 20 years old, 4 1/2 when over 20 years old.))

[Part VI, 2, filed 3/23/60.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 296-104-400 Existing installations--Stamping of existing boilers and unfired pressure vessels.

WAC 296-104-410 Existing installations--Noncode steel heating boilers.