WSR 05-22-092

PERMANENT RULES

DEPARTMENT OF

LABOR AND INDUSTRIES
(Board of Boiler Rules)

[ Filed November 1, 2005, 10:01 a.m. , effective January 1, 2006 ]


     

     Purpose: 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 make clarification and technical changes to the Board of Boiler Rules, which will make the rules easier to use.

     The technical changes include:

• Incorporating new 2004 code editions;
• WAC 296-104-200 will include new ASME Section XII for construction and technical requirements;
• WAC 296-104-210 will include material requirements for technical review; and
• WAC 296-104-220 will include construction drawing and photos to technical requirements.
     The adopted changes will:

• Clarify the rules so that they are easier to use and understand;
• Make changes to ensure consistency with statute;
• Eliminate rules that are unnecessary or that are no longer necessary; and
• Make several other necessary changes identified by the Board of Boiler Rules.

     Citation of Existing Rules Affected by this Order: Amending WAC 296-104-018, 296-104-102, 296-104-200, 296-104-210, 296-104-220, 296-104-302, and 296-104-701.

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

      Adopted under notice filed as WSR 05-16-095 on August 2, 2005.

     Changes Other than Editing from Proposed to Adopted Version: The following changes were made to the proposed wording:

• WAC 296-104-050 was removed from the proposed wording. The Board of Boiler Rules wants to continue to review applications before applicants can take the written examination.
• WAC 296-104-200(1) was amended to include Division 1, 2, and 3 to Section VIII and add Section XII to the list. It will now read "ASME Boiler and Pressure Vessel Code, 2004 edition, with addenda Sections I, III, IV, VIII Division 1, 2, 3, X, and XII."
• WAC 296-104-302(1) was amended to remove "greater than 400,000 BTU/hr and less than or equal to 12,500,000 BTU/hr." The requirements are covered in CSD-1 (CF) and the board thought it might create confusion by having duplicative requirements.
• WAC 296-104-701:
     -     Subsection (2) was amended to remove "Failure to notify the state when new coverage is written or when coverage is canceled, per WAC 296-104-045" and the penalty amount. After further discussion, the board felt the language should be removed because it could take an insurance company up to six months to notify you when coverage has changed.

     -     Subsection (4) was amended to update the reference to RCW 70.79.61 [70.79.361].

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 8, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 8, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 8, Repealed 0.

     Date Adopted: November 1, 2005.

Craig Hopkins, Chair

Board of Boiler Rules

OTS-8249.2


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

WAC 296-104-018   Administration -- How are rules interpreted and revised?   Stakeholders may request clarifications and interpretations of these rules by contacting the chief inspector. Interpretations will be brought to the board if the inquirer is aggrieved by the interpretation of the chief inspector (RCW 70.79.360). The board will consider written requests for interpretations and revisions to these definitions, rules, and regulations. Inquiries shall be limited to requests for interpretation of the rules or to proposed revisions to the existing rules and shall be submitted to the department of labor and industries forty-five days prior to the board of boiler rules meeting date in the following format:

     (1) Scope. Identify a single rule or closely related rules that are in dispute.

     (2) Background. State the purpose of the inquiry, which should be either to obtain an interpretation or to propose a revision to existing rules. Provide concise information needed for the board's understanding of the inquiry, including references to the WAC section as well as other code and/or standards paragraphs.

     (3) Inquiry structure. Provide statements in a condensed and precise question format and, where appropriate, compose in such a way that "yes" or "no" (perhaps with provisos) would be an acceptable reply.

     (4) Proposed reply. State what it is believed the rule requires. If in the inquirer's opinion a revision to the definitions, rules, and regulations is needed, recommended wording should be provided.

     Inquiries shall be submitted by mail to:

     Board of Boiler Rules

     % Chief Inspector

     Department of Labor & Industries

     Boiler Section

     P.O. Box 44410

     Olympia, WA 98504-4410


          or


     Inquiries shall be submitted by delivery to:

     Board of Boiler Rules

     % Chief Inspector

     Department of Labor & Industries

     Boiler Section

     7273 Linderson Way SW

     Tumwater, WA 98501

[Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, § 296-104-018, filed 10/26/99, effective 11/26/99. Statutory Authority: RCW 70.79.040. 92-11-070, § 296-104-018, filed 5/20/92, effective 6/20/92.]


AMENDATORY SECTION(Amending WSR 04-21-069, filed 10/19/04, effective 1/1/05)

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.

     (1) The standard for inspection of nonnuclear boilers, unfired pressure vessels, and safety devices is the National Board Inspection Code (NBIC), ((2001)) 2004 edition, with addenda. 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.

     (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 edition, with addenda. This code may be used on or after the date of issue.

     (5) TAPPI TIP 0402-16, dated 2001 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: 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 04-21-069, filed 10/19/04, effective 1/1/05)

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, 2004 edition, with addenda Sections I, III, IV, VIII, Division 1, 2, 3, X, XII;

     (2) ASME PVHO-1 2002-2003 Safety Standard for Pressure Vessels for Human Occupancy; and

     (3) ASME CSD-1 2002 edition with addenda (as referenced in WAC ((296-104-300(3))) 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: 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 00-21-024, filed 10/10/00, effective 11/13/00)

WAC 296-104-210   Construction -- What are the requirements for construction of boilers and unfired pressure vessels of special design?   Boilers and unfired pressure vessels of special design require a special certificate granted by the board of boiler rules. At a minimum the following information shall be supplied to obtain board approval for special designs: Construction drawings, design calculations, material specifications, and a Washington state professional engineer's evaluation of the design. Upon board approval a Washington special number will be assigned by the chief inspector. The installation will be subject to the regular inspections required by WAC 296-104-100 and any additional conditions as required by the board.

[Statutory Authority: RCW 70.79.030, 70.79.040 and chapter 70.79 RCW. 00-21-024, § 296-104-210, filed 10/10/00, effective 11/13/00. Statutory Authority: RCW 70.79.030 and 70.79.040. 96-21-081, § 296-104-210, filed 10/16/96, effective 11/16/96. Statutory Authority: RCW 70.79.040 and 70.79.050. 86-07-064 (Order 86-02), § 296-104-210, filed 3/19/86; Order 73-1, § 296-104-210, filed 3/22/73; Part IV, § 3, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 00-21-024, filed 10/10/00, effective 11/13/00)

WAC 296-104-220   Construction -- What are the requirements to use nonstandard second hand boilers and unfired pressure vessels?   Nonstandard second hand boilers and unfired pressure vessels constructed after January 1, 1952, cannot be used in this state without prior approval of the board of boiler rules. At a minimum the following information shall be supplied to obtain board approvals: ((Drawings, a)) Construction drawings, photographs, operating and inspection history, design calculations, and a Washington state professional engineer's evaluation of the design and present condition. Upon board approval a Washington special number will be assigned by the chief inspector. The installation will be subject to the regular inspections required by WAC 296-104-100 and any additional conditions as required by the board.

[Statutory Authority: RCW 70.79.030, 70.79.040 and chapter 70.79 RCW. 00-21-024, § 296-104-220, filed 10/10/00, effective 11/13/00. Statutory Authority: RCW 70.79.030 and 70.79.040. 96-21-081, § 296-104-220, filed 10/16/96, effective 11/16/96. Statutory Authority: RCW 70.79.240. 88-01-064 (Order 87-25), § 296-104-220, filed 12/17/87; Part IV, § 5, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 04-21-069, filed 10/19/04, effective 1/1/05)

WAC 296-104-302   Installation -- What control 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 ((excluding lined potable water heaters of all BTU input)) 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.

     (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.

[Statutory Authority: Chapter 70.79 RCW. 04-21-069, § 296-104-302, filed 10/19/04, effective 1/1/05.]


AMENDATORY SECTION(Amending WSR 04-21-069, filed 10/19/04, effective 1/1/05)

WAC 296-104-701   What are the civil penalties?   (1) An owner, user, or operator of a boiler or pressure vessel that violates a provision of chapter 70.79 RCW, or of the rules adopted under that chapter, is liable for a civil penalty based on the following schedule.


Operating under pressure a boiler or pressure vessel which the department has condemned, has issued a red tag or has suspended the inspection certificate:


First offense . . . . . . . . . . . . $150.00
Second offense . . . . . . . . . . . . $300.00
Each additional offense . . . . . . . . . . . . $500.00

Each day of such unlawful operation shall be deemed a separate offense.


Operating under pressure a boiler or pressure vessel without a valid inspection certificate:


First offense . . . . . . . . . . . . $ 50.00
Second offense . . . . . . . . . . . . $100.00
Each additional offense . . . . . . . . . . . . $200.00

Each day of such unlawful operation shall be deemed a separate offense.


Installation of a boiler or pressure vessel without meeting prior filing requirements of WAC 296-104-020:


First offense . . . . . . . . . . . . $100.00
Second offense . . . . . . . . . . . . $200.00
Each additional offense . . . . . . . . . . . . $500.00

Performing a repair to a boiler or pressure vessel, involving welding to a pressure retaining part, without meeting requirements of WAC 296-104-502:


First offense . . . . . . . . . . . . $150.00
Second offense . . . . . . . . . . . . $300.00
Each additional offense . . . . . . . . . . . . $500.00

Performing an alteration to a boiler or pressure vessel without meeting requirements of WAC 296-104-502:


First offense . . . . . . . . . . . . $150.00
Second offense . . . . . . . . . . . . $300.00
Each additional offense . . . . . . . . . . . . $500.00

Performing resetting, repair or restamping of safety valves, safety relief valves, or rupture discs, without meeting requirements of WAC 296-104-520:


First offense . . . . . . . . . . . . $150.00
Second offense . . . . . . . . . . . . $300.00
Each additional offense . . . . . . . . . . . . $500.00

Failure of owner to notify chief inspector in case of accident which serves to render a boiler or unfired pressure vessel inoperative, as required by WAC 296-104-025:


Each offense . . . . . . . . . . . . $100.00

Failure to comply with a noncompliance report requirement:


Within 90 days . . . . . . . . . . . . $100.00
Within 91-180 days . . . . . . . . . . . . $250.00
Within 181-270 days . . . . . . . . . . . . $400.00
Within 271-360 days . . . . . . . . . . . . $500.00

     (2) The inspection agency responsible for the inservice inspector of a boiler or unfired pressure vessel that violates a provision of chapter 296-104 WAC, or the rules adopted under that chapter, is liable for a civil penalty based on the following schedule.


     Failure to file a report of inspection per WAC 296-104-040:


Each offense . . . . . . . . . . . . $50.00

     Failure to apply a state serial number per WAC 296-104-140:


Each offense . . . . . . . . . . . . $50.00

     Failure to attach a "Red TAG" per WAC 296-104-110:


Each offense . . . . . . . . . . . . $50.00

     Each object (boiler or unfired pressure vessel) is considered a separate offense.

     (3) The department shall by certified mail notify a person of its determination that the person has violated this section.

     (4) Any person aggrieved by an order or act under the boiler and unfired pressure vessels law or under the rules and regulations may((, within fifteen days after such order or act,)) appeal to the board of boiler rules. This appeal shall be filed within twenty days after service of the notice of the penalty to the assessed party by filing a written notice of appeal with the chief boiler inspector per RCW 70.79.361.

     (5) Each day that a violation occurs will be a separate offense. A violation will be a second or additional offense only if it occurs within one year from the first violation.

[Statutory Authority: Chapter 70.79 RCW. 04-21-069, § 296-104-701, filed 10/19/04, effective 1/1/05. Statutory Authority: RCW 70.79.030, 70.79.040 and chapter 70.79 RCW. 00-21-024, § 296-104-701, filed 10/10/00, effective 11/13/00. Statutory Authority: Chapter 70.79 RCW. 87-12-003 (Order 87-10), § 296-104-701, filed 5/21/87.]