WSR 01-16-158

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed August 1, 2001, 11:43 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 01-10-034.

Title of Rule: Chapter 296-104 WAC, Board of Boiler Rules -- Substantive.

Purpose: The Board of Boiler Rules is proposing a new boiler and pressure vessel permit process and fee to increase compliance with the Board of Boiler Rules and to ensure boilers and pressure vessels are inspected and installed safely. The new fee is identical to the current, first-day penalty of $50.00 that may be assessed if the rules for installing boilers and pressure vessels are not complied with - which has become far too common. Also, the Board of Boiler Rules is proposing other changes to further clarify the rules and to adopt the most recent edition of nationally accepted codes and standards. All of these proposed changes are the result of the actions and requests of the Board of Boiler Rules.

WAC 296-104-010 Administration -- What are the definitions of terms used in this chapter? A new definition was added for "Boiler and pressure vessel installation permit." This definition is necessary in conjunction with the new permit process that has been established by the Board of Boiler Rules.

Clarification changes were made to ensure for "Hot water heaters" and "Pool heaters." This change ensures consistency with the construction requirements and the ASME codes for boilers and pressure vessels. Also, the reference to "or internationally" (referencing a recognized testing laboratory) was removed from the type of pool heaters that may [be] approved because there are no international testing laboratories that approve pool heaters.

WAC 296-104-020 Administration -- What are the filing requirements for boilers and pressure vessels before their installation? This section was changed to reflect the new permit process that has been created and to clarify that "Manufacturers' data reports" be filed with the National Board of Boilers and Pressure Vessels Inspectors. Currently, this information must be filed with the chief inspector or the National Board of Boilers and Pressure Vessels Inspectors.

WAC 296-104-040 Administration -- When should inspectors submit inspection reports and on what forms? A change was made to allow inspectors to submit inspection reports via appropriate forms "or media." Also, a clarification change was made to remove "employed by the in-service inspection agency" when referencing who must submit reports of reinspection.

WAC 296-104-045 Administration -- What are the insurance companies' responsibilities? Clarification changes were made to ensure "that proper documentation" be completed and submitted as required by the "National Board Inspection Code (NBIC) as adopted in WAC 296-104-102."

WAC 296-104-060 Administration -- When shall inspectors' commissions be issued, suspended, or revoked? Clarification changes were made to specify the type of commissions that are issued by the chief inspector in accordance with RCW 70.79.120 and 70.79.130. Also, "department" was replaced with "chief inspector" when referring to who may suspend or revoke a certificate of competency and commission issued to an inspector upon "ten days written" notice to the inspector and the inspector's employer.

WAC 296-104-065 Administration -- How should a certified or commissioned inspector obtain a Washington state commission? Changes were made to add an exemption for certified API-510 inspectors to operate in the state on a temporary basis.

WAC 296-104-100 Inspection -- How often must boilers and unfired pressure vessels be inspected? Clarified that this section is "In accordance with RCW 70.79.080, 70.79.090, and 70.79.240" in reference to "inspection requirements" that shall apply. Also, updated/adopted to the "eight edition with supplements" of the API-510, the "1999 edition" of the "TIS TIP" 0402-16, and made necessary reference changes.

WAC 296-104-102 Inspection -- What are the standards for in-service inspection? Updated/adopted to the 2001 edition of the National Board Inspection Code (NBIC) and the 1999 edition of the "TIS TIP" 0402-16.

WAC 296-104-130 Inspection -- When are inspection certificates valid? Removed "Tacoma" from a city that an agreement exists between the state and the city jurisdictions because the city of Tacoma has relinquished this jurisdiction.

WAC 296-104-151 Inspection -- What are the requirements for rental boilers? Made clarification changes to reflect current practice and added references to applicable rules in the chapter that must be met.

WAC 296-104-200 Construction -- What are the standards for new construction? Updated/adopted the 1997 edition of ASME/ANSI PVHO-1 (Standard for Pressure Vessels for Human Occupancy). Also, added that standards for construction must be "approved by the chief inspector."

WAC 296-104-205 Construction -- What are the requirements for nonstandard new construction? Made a typographical correction.

WAC 296-104-256 Installation -- What are required for reinstalled standard boilers or unfired pressure vessels? Changed the title for purposes of ease of understanding and use. Clarified the requirements that must meet and inspected and made changes based on the new permit process that has been established.

WAC 296-104-265 Installations -- What control and limit devices are required on boilers? Added "shall have the following additional requirements" to subsection (3) for purposes of clarification.

WAC 296-104-502 Repairs -- What are the requirements for nonnuclear boilers and unfired pressure vessel repairs and alterations? Clarified the documentation requirements of repairs that must be submitted to the department.

WAC 296-104-700 What are the inspection fees -- Certificate fees -- Expenses? Added a new fee of $50.00 for the new boiler and pressure vessel inspection process. Also, reversed the fees for pressure vessels "For each additional 100 square feet or any portion thereof" to address a longstanding mistake that has existed in the fee schedule.

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

Statute Being Implemented: Chapter 70.79 RCW.

Summary: See Purpose above.

Reasons Supporting Proposal: See Purpose above.

Name of Agency Personnel Responsible for Drafting: Board of Boiler Rules, Tumwater, (360) 902-5270; Implementation and Enforcement: Robb Marvin, Tumwater, (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: See Purpose above.

Proposal Changes the Following Existing Rules: See Purpose above

No small business economic impact statement has been prepared under chapter 19.85 RCW. No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has considered whether these proposed rules are subject to the Regulatory Fairness Act and has determined that they do not require a small business economic impact statement because the costs associated with the proposed rules will not place a more than minor impact on any business, contractor, or other entity affected by these proposed rules.

RCW 34.05.328 applies to this rule adoption. Significant rule-making criteria does apply to these rule changes because the exempt criteria outlined in RCW 34.05.328(5) were not met.

Hearing Location: Labor and Industries Building, S 130, 7273 Linderson Way S.W., Tumwater, WA, on September 17, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Josh Swanson by September 14, 2001, at (360) 902-6411.

Submit Written Comments to: Josh Swanson, Specialty Compliance Services Division, P.O. Box 44400, Olympia, WA 98504-4400, e-mail swaj235@lni.wa.gov, fax (360) 902-5292, by September 21, 2001. Comments submitted by fax must be ten pages or less.

Date of Intended Adoption: October 1, 2001.

August 1, 2001

Kenneth E. Eshleman, Chair

Board of Boilers

OTS-5012.3


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

WAC 296-104-010   Administration--What are the definitions of terms used in this chapter?   "Agriculture purposes" shall mean any act performed on a farm in production of crops or livestock, and shall include the storage of such crops and livestock in their natural state, but shall not be construed to include the processing or sale of crops or livestock.

"Attendant" shall mean the person in charge of the operation of a boiler or unfired pressure vessel.

"Automatic operation of a boiler" shall mean unattended control of feed water and fuel in order to maintain the pressure and temperature within the limits set. Controls must be such that the operation follows the demand without interruption. Manual restart may be required when the burner is off because of low water, flame failure, power failure, high temperatures or pressures.

"Board of boiler rules" or "board" shall mean the board created by law and empowered under RCW 70.79.010.

"Boiler and pressure vessel installation permit," shall mean a permit approved by the chief inspector before starting installation of any boiler and pressure vessel in this state.
Owner/user inspection agency's, Washington specials and rental boilers are exempt from "boiler and pressure vessel installation permit."
"Boilers and/or pressure vessels" - below are definitions for types of boilers and pressure vessels used in these regulations:

"Condemned boiler or unfired pressure vessel" shall mean a boiler or unfired pressure vessel that has been inspected and declared unsafe or disqualified by legal requirements by an inspector who has applied a stamping or marking designating its condemnation.
"Hot water heater" shall mean a closed vessel designed to supply hot water for external use to the system. All vessels must be listed by a nationally recognized testing agency and shall not exceed any of the following limits:
* Pressure of 160 psi (1100 kpa);
* Temperature of 210 degrees F (99C);
* Capacity of 120 U.S. gallons (454 liters);
* Input of 200,000 BTU/hr (58.58 kw).

Hot water heaters exceeding 200,000 BTU/hr (58.58 kw) must be ASME code stamped.

Each vessel shall be protected with an approved temperature and pressure safety relief valve.

"Low pressure heating boiler" shall mean a steam or vapor boiler operating at a pressure not exceeding 15 psig or a boiler in which water or other fluid is heated and intended for operation at pressures not exceeding 160 psig or temperatures not exceeding 250 degrees F by the direct application of energy from the combustion of fuels or from electricity, solar or nuclear energy including lined potable water heaters.
"Nonstandard boiler or unfired pressure vessel" shall mean a boiler or unfired pressure vessel that does not bear marking of the codes adopted in WAC 296-104-200.
"Pool heaters" shall be considered a boiler or unfired pressure vessel unless it meets all of the following criteria:
* Appliance used to heat water for swimming pools and spas.
((* Operates at pump pressure but in no case exceed 15 psig.
* Appliance is equipped with a flow switch, or a pressure switch set at a maximum of 15 psig.))
* A flow switch shall be wired to shut off the heating source under a condition of low flow.
* There are no intervening stop valves on the inlet or ((discharge)) outlet side of the unit. Any valves used for maintaining the appliance must be locked open during operation ((in accordance with a written program that is acceptable to the inspector)).
((* Discharge piping is not reduced from the engineered sizing of the unit.))
* Appliance is equipped with an ASME approved pressure relief device ((set at 15 psig or lower)), with no intervening stop valves, set not to exceed the maximum allowable working pressure (MAWP) of the appliance.
* Unit is rated at less than ((400,000)) 200,000 BTU/hr, and is operated at pressure and temperature no greater than 160 psig (1100 kpa) and 210F (99C), respectively.
* Heating source operation is wired in series with the circulating pump.
* Unit is built to the ASME code or approved by a nationally ((or internationally)) recognized testing laboratory.
"Power boiler" shall mean a boiler in which steam or other vapor is generated at a pressure of more than 15 psig for use external to itself or a boiler in which water or other fluid is heated and intended for operation at pressures in excess of 160 psig and/or temperatures in excess of 250 degrees F by the direct application of energy from the combustion of fuels or from electricity, solar or nuclear energy.
"Reinstalled boiler or unfired pressure vessel" shall mean a boiler or unfired pressure vessel removed from its original setting and reset at the same location or at a new location without change of ownership.
"Rental boiler" shall mean any power or low pressure heating boiler that is under a rental contract between owner and user.
"Second hand boiler or unfired pressure vessel" shall mean a boiler or unfired pressure vessel of which both the location and ownership have changed after primary use.
"Standard boiler or unfired pressure vessel" shall mean a boiler or unfired pressure vessel which bears the marking of the codes adopted in WAC 296-104-200.
"Unfired pressure vessel" shall mean a closed vessel under pressure excluding:
* Fired process tubular heaters;
* Pressure containers which are integral parts of components of rotating or reciprocating mechanical devices where the primary design considerations and/or stresses are derived from the functional requirements of the device;
* Piping whose primary function is to transport fluids from one location to another;
* Those vessels defined as low pressure heating boilers or power boilers.
"Unfired steam boiler" shall mean a pressure vessel in which steam is generated by an indirect application of heat. It shall not include pressure vessels known as evaporators, heat exchangers, or vessels in which steam is generated by the use of heat resulting from the operation of a processing system containing a number of pressure vessels, such as used in the manufacture of chemical and petroleum products, which will be classed as unfired pressure vessels.
"Certificate of competency" shall mean a certificate issued by the state board of boiler rules to a person who has passed an examination prescribed by the board of boiler rules.

"Code, API-510" shall mean the Pressure Vessel Inspection Code of the American Petroleum Institute with addenda and revisions, thereto made and approved by the institute which have been adopted by the board of boiler rules in accordance with the provisions of RCW 70.79.030.

"Code, ASME" shall mean the boiler and pressure vessel code of the American Society of Mechanical Engineers with amendments thereto made and approved by the council of the society which have been adopted by the board of boiler rules in accordance with the provisions of RCW 70.79.030.

"Code, NBIC" shall mean the National Board Inspection Code of the National Board of Boiler and Pressure Vessel Inspectors with addenda and revisions, thereto made and approved by the National Board of Boiler and Pressure Vessel Inspectors and adopted by the board of boiler rules in accordance with the provisions of RCW 70.79.030.

"Commission" shall mean an annual state commission/commission card issued to a person in the employ of the state, an insurance company or a company owner/user inspection agency holding a certificate of competency which authorizes them to perform inspections of boilers and/or unfired pressure vessels.

"Department" as used herein shall mean the department of labor and industries of the state of Washington.

"Director" shall mean the director of the department of labor and industries.

"Domestic and/or residential purposes" shall mean serving a private residence or an apartment house of less than six families.

"Existing installations" shall mean any boiler or unfired pressure vessel constructed, installed, placed in operation, or contracted for before January 1, 1952.

"Inspection, external" shall mean an inspection made while a boiler or unfired pressure vessel is in operation and includes the inspection and demonstration of controls and safety devices required by these rules.

"Inspection, internal" shall mean an inspection made when a boiler or unfired pressure vessel is shut down and handholes, manholes, or other inspection openings are open or removed for examination of the interior. An external ultrasonic examination of unfired pressure vessels less than 36" inside diameter shall constitute an internal inspection.

"Inspector" shall mean the chief boiler inspector, a deputy inspector, or a special inspector.

"Chief inspector" shall mean the inspector appointed under RCW 70.79.100 who serves as the secretary to the board without a vote.
"Deputy inspector" shall mean an inspector appointed under RCW 70.79.120.
"Special inspector" shall mean an inspector holding a Washington commission identified under RCW 70.79.130.
"Nationwide engineering standard" shall mean a nationally accepted design method, formulae and practice acceptable to the board.

"Owner" or "user" shall mean a person, firm, or corporation owning or operating any boiler or unfired pressure vessel within the state.

"Owner/user inspection agency" shall mean an owner or user of boilers and/or pressure vessels that maintains an established inspection department, whose organization and inspection procedures meet the requirements of a nationally recognized standard acceptable to the department.

"Place of public assembly" or "assembly hall" shall mean a building or portion of a building used for the gathering together of 50 or more persons for such purposes as deliberation, education, instruction, worship, entertainment, amusement, drinking, or dining or waiting transportation. This shall also include child care centers (those agencies which operate for the care of thirteen or more children), public and private hospitals, nursing and boarding homes.

"Special design" shall mean a design using nationwide engineering standards other than the codes adopted in WAC 296-104-200 or other than allowed in WAC 296-104-230.

[Statutory Authority: RCW 70.79.030, 70.79.040 and chapter 70.79 RCW. 00-21-024, 296-104-010, filed 10/10/00, effective 11/13/00. Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, 296-104-010, filed 10/26/99, effective 11/26/99; 98-22-024, 296-104-010, filed 10/28/98, effective 11/28/98; 96-21-081, 296-104-010, filed 10/16/96, effective 11/16/96. Statutory Authority: RCW 70.79.040. 94-21-002, 296-104-010, filed 10/5/94, effective 11/5/94; 93-12-014, 296-104-010, filed 5/21/93, effective 6/21/93; 92-11-070, 296-104-010, filed 5/20/92, effective 6/20/92. Statutory Authority: RCW 70.79.240. 88-01-064 (Order 87-25), 296-104-010, filed 12/17/87. Statutory Authority: RCW 70.79.040 and 70.79.050. 86-01-088 (Order 85-26), 296-104-010, filed 12/19/85; Order 72-11, 296-104-010, filed 7/7/72; Part I, filed 3/23/60.]


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

WAC 296-104-020   Administration -- What are the filing requirements for boilers and pressure vessels before their installation?   ((Manufacturers data reports on boilers and pressure vessels as required by the provisions of the construction codes shall be filed by the owner or his agent with the chief inspector or the National Board of Boiler and Pressure Vessel Inspectors before installation. When the boilers or pressure vessel are of special design or construction not covered by the construction codes (unless otherwise exempted by the rules and regulations), the owner or user shall apply to the board of boiler rules in writing for permission to install such boilers or pressure vessels and shall supply such details of design and construction as may be required by the board of boiler rules and approval shall be secured before construction is started. When second hand boilers or pressure vessels are to be reinstalled, the owner or user shall file a data report or construction details, as required, and secure approval from the chief inspector before starting installation.)) "Boiler and pressure vessel installation permit," shall be submitted by the owner or agent and approved by the chief inspector. Manufacturers' data reports on boilers and pressure vessels shall be filed by the owner or his agent with the National Board of Boilers and Pressure Vessels Inspectors.

[Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, 296-104-020, filed 10/26/99, effective 11/26/99; 95-19-058, 296-104-020, filed 9/15/95, effective 10/16/95; Order 74-37, 296-104-020, filed 11/8/74; Part II, 1, filed 3/23/60.]


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

WAC 296-104-040   Administration -- When should inspectors submit inspection reports and on what forms?   Inspectors shall submit reports of inspections of boilers and unfired pressure vessels on appropriate forms or media approved by the chief inspector. Routine reports of inspections shall be submitted within thirty days of inspection. Reports of reinspection after suspension of an inspection certificate shall be submitted by an inspector ((employed by the in-service inspection agency)) as soon as notice of corrective action has been received.

[Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, 296-104-040, filed 10/26/99, effective 11/26/99; 95-19-058, 296-104-040, filed 9/15/95, effective 10/16/95; Order 74-37, 296-104-040, filed 11/8/74; Part II, 5, filed 3/23/60.]


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

WAC 296-104-045   Administration -- What are the insurance companies' responsibilities?   All insurance companies shall notify the chief inspector within thirty days of all boiler and/or unfired pressure vessel risks written, canceled, not renewed or suspended because of unsafe conditions. Special inspectors shall perform all in-service inspections of boilers and unfired pressure vessels insured by their employer. After a repair or alteration the in-service inspector is responsible to assure ((a Record of Welded Repair form)) that proper documentation is completed and submitted to the department in accordance with the rules of the National Board Inspection Code (NBIC) as adopted in WAC 296-104-102.

[Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, 296-104-045, filed 10/26/99, effective 11/26/99; 95-19-058, 296-104-045, filed 9/15/95, effective 10/16/95; Part II, 6, filed 3/23/60.]


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

WAC 296-104-060   Administration--When shall inspectors' commissions be issued, suspended, or revoked?   ((Upon the request of any company authorized to insure and insuring against loss from explosion of boilers and/or unfired pressure vessels in this state, or upon the request of any company with an owner/user inspection agency operating boilers and/or unfired pressure vessels in this state, the chief inspector shall issue a commission as a special inspector and an identifying commission card to any inspector actively engaged in boiler and/or unfired pressure vessel inspection in this state as long as he/she:

Is employed by the requesting company; and
Has passed the written examination, and holds a certificate of competency as set forth in WAC 296-104-050.))
The chief inspector shall issue a commission as a deputy or special inspector in accordance with RCW 70.79.120 and 70.79.130.

The fee for the special inspector commission is twenty-five dollars. The special inspector commission shall be held at the home office of the employing company and shall be valid for one year and may be renewed annually at the request of the employing company for a fee of ten dollars. The deputy inspector commission shall be held by the chief inspector. The deputy inspector commission shall be valid for one year and may be renewed annually at the request of the chief inspector. Inspectors shall carry identifying commission cards while they are inspecting. ((A commission shall be valid for one year and may be renewed annually at the request of the employing company for a fee of ten dollars.)) The state or employing company shall return the commission and the identifying commission card at once to the chief inspector when the inspector to whom the commission was issued is no longer in its employ, or at the request of the chief inspector.

The ((department)) chief inspector may suspend or revoke a certificate of competency and commission issued to an inspector upon ((ten days)) written notice to the inspector and to the inspector's employer for:

Incompetency or untrustworthiness;
Willful falsification of any matter or statement contained in the application, or in the report of any inspection; or
For other sufficient reason.
The holder of a certificate of competency is entitled to a hearing before the board prior to the revocation or suspension of the certificate of competency. A person whose commission has been suspended, except for untrustworthiness, may apply to the board for reinstatement. A person whose commission has been revoked, except for untrustworthiness, may apply to the board to take a new examination for a commission after ninety days from the date of the revocation.

[Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, 296-104-060, filed 10/26/99, effective 11/26/99. Statutory Authority: RCW 70.79.040. 94-21-002, 296-104-060, filed 10/5/94, effective 11/5/94. Statutory Authority: RCW 70.79.030 and 70.79.330. 82-24-025 (Order 82-36), 296-104-060, filed 11/23/82, effective 1/1/83; Order 74-37, 296-104-060, filed 11/8/74; Part II, 9, filed 3/23/60.]


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

WAC 296-104-065   Administration -- How should a certified or commissioned inspector obtain a Washington state commission?   Upon the request of a boiler insurance company authorized to insure and insuring against loss from explosion of boilers and/or unfired pressure vessels in this state, or a company with an owner/user inspection agency, a commission as a special inspector of boilers and/or unfired pressure vessels shall be issued by the chief inspector to an inspector in the employ of such company provided the inspector has had the experience prescribed in RCW 70.79.130 and:

(1) Passed an examination covering the Washington state boilers and unfired pressure vessels law, chapters 70.79 RCW and 296-104 WAC; and

(2) Holds a certificate of competency or commission issued by a state which has adopted one or more sections of the ASME Code, or a national board commission, in either case having taken and passed a written examination equivalent to that required by the state of Washington; or

(3) Is certified by the American Petroleum Institute in accordance with API-510, having taken and passed a written examination equivalent to that required by the state of Washington. Certified API-510 inspectors who are specifically and temporarily in the direct employ of an owner/user inspection agency as set forth in RCW 70.79.130 are exempted from the exam requirement set forth in WAC 296-104-065(1).

((Application for a reciprocal commission shall be made on a form to be furnished by the chief inspector, and shall be accompanied by a copy of the applicant's certificate of competency or a National Board Commission; or an API certificate and evidence of having passed the API examination.))

[Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, 296-104-065, filed 10/26/99, effective 11/26/99; 96-21-081, 296-104-065, filed 10/16/96, effective 11/16/96. Statutory Authority: RCW 70.79.040. 94-21-002, 296-104-065, filed 10/5/94, effective 11/5/94. Statutory Authority: RCW 70.79.030. 78-03-057 (Order 78-3), 296-104-065, filed 2/22/78; Order 74-37, 296-104-065, filed 11/8/74; Part II, 10, filed 3/23/60.]


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

WAC 296-104-100   Inspection -- How often must boilers and unfired pressure vessels be inspected?   In accordance with RCW 70.79.080, 70.79.090, and 70.79.240 the following inspection requirements shall apply:

(1) Power boilers shall be inspected:

(a) Internally and externally while not under pressure - Annually.

(b) Externally while under pressure - Annually.

(2) Organic vapor boilers shall be inspected:

(a) Internally and externally while not under pressure - Biennially.

(b) Externally while under pressure - Annually.

(3) Low pressure heating boilers shall be inspected:

(a) Externally while under pressure - Biennially.

(b) Internally while not under pressure (except where construction does not permit an internal) - Every 4th year.

(c) Internally, all steam heating boilers will have as a minimum, an internal of their low water fuel cutoff - Biennially.

(d) Internally, none required for nonvapor boilers using glycol, oil or adequately treated with a corrosion inhibitor.

(4) Hot water heaters shall be inspected:

(a) Externally - Biennially.

(b) Internally - None required.

(5) Unfired pressure vessels shall be inspected:

(a) Externally - Biennially.

(b) Internally:

(i) When subject to corrosion and construction permits - Biennially((; or

(ii))). Vessels in an owner/user inspection program may follow intervals established by the NBIC or API-510 eighth edition with supplements, provided nondestructive examination (NDE) is performed at the biennial external inspection((; or)).

(((iii))) (ii) Pulp or paper dryer rolls may be inspected on a five-year basis in accordance with TAPPI ((TIS)) TIP 0402-16 1999 edition, provided the owner has established a written inspection program accepted by the inspector that requires the minimums in section 8 of TAPPI ((TIS)) TIP 0402-16((; or)) 1999 edition.

(((iv))) (iii) Vessels not subject to corrosion do not require an internal.

[Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, 296-104-100, filed 10/26/99, effective 11/26/99; 98-22-024, 296-104-100, filed 10/28/98, effective 11/28/98; 95-19-058, 296-104-100, filed 9/15/95, effective 10/16/95. Statutory Authority: RCW 70.79.040. 94-21-002, 296-104-100, filed 10/5/94, effective 11/5/94; Part III, 1, filed 3/23/60.]


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

WAC 296-104-102   Inspection -- What are the standards for in-service inspection?   (1) Where a conflict exists between the requirements of the standards listed below and this chapter, this chapter shall prevail.

(2) The standard for inspection of nonnuclear boilers, unfired pressure vessels, and safety devices is the National Board Inspection Code (NBIC), ((1998)) 2001 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).

(3) The standard for inspection of nuclear items is ASME section XI. The 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 supplements. This code may be used on or after the date of issue.

(5) TAPPI ((TIS)) TIP 0402-16, dated ((1995)) 1999 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: 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 99-22-026, filed 10/26/99, effective 11/26/99)

WAC 296-104-130   Inspection -- When are inspection certificates valid?   An inspection certificate, issued in accordance with RCW 70.79.290, shall be valid until expiration unless some defect or condition affecting the safety of the boiler or unfired pressure vessel is disclosed or the conditions of RCW 70.79.300 apply.

When an agreement exists between the state and the city jurisdictions of Spokane((,)) or Seattle ((or Tacoma)), the certificates for portable boilers and unfired pressure vessels will be considered valid.

[Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, 296-104-130, filed 10/26/99, effective 11/26/99; 95-19-058, 296-104-130, filed 9/15/95, effective 10/16/95; Part III, 7, filed 3/23/60.]


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

WAC 296-104-151   Inspection -- What are the requirements for rental boilers?   Every rental boiler used in the state of Washington will have an internal inspection completed once a year. An operating inspection under pressure shall be conducted by ((the chief inspector, a deputy inspector, or a special)) an inspector at each and every rental location before being placed into service. They shall also meet the requirements of WAC 296-104-265.

A rental boiler, which has never been in rental service in the state of Washington, ((will have a satisfactory hydrostatic test completed along with an initial internal inspection prior to having a state number issued)) shall meet the requirements of WAC 296-104-256. Each operating inspection will be reported to the state of Washington using the standard inspection form and a copy of this report will be posted on the rental boiler.

Inspections will be the responsibility of the rental boiler owner but may be completed by the user's special inspector.

[Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, 296-104-151, filed 10/26/99, effective 11/26/99; 96-21-081, 296-104-151, filed 10/16/96, effective 11/16/96.]


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

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, ((1998)) 2001 edition, with addenda Sections I, III, IV, VIII, X, and CSD-1 (as referenced in WAC 296-104-265(3));

(2) ASME/ANSI PVHO-1 (Standard for Pressure Vessels for Human Occupancy), ((1987)) 1997 edition; and

(3) 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, Revision 2, provided they are registered with the National Board.

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. 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, 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 296-104-205   Construction -- What are the requirements for nonstandard new construction?   Those boilers and unfired pressure vessels that are exempted by the codes adopted in WAC 296-104-200 due to volume, temperature or pressure requirements, and are not to be constructed to those codes, must be certified ((by)) to a nationally recognized testing agency or constructed to WAC 296-104-230. See WAC 296-104-307 for safety pressure relief devices.

Other boilers and unfired pressure vessels that are not to be constructed to the codes adopted in WAC 296-104-200 may be treated as special designs at the discretion of the board. Nonstandard construction shall not be permitted to avoid standard construction.

[Statutory Authority: RCW 70.79.030, 70.79.040 and chapter 70.79 RCW. 00-21-024, 296-104-205, filed 10/10/00, effective 11/13/00. Statutory Authority: RCW 70.79.030 and 70.79.040. 96-21-081, 296-104-205, filed 10/16/96, effective 11/16/96; Part IV, 2, filed 3/23/60.]


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

WAC 296-104-256   Installation -- What inspections are required for reinstalled standard boilers or unfired pressure ((vessel.)) vessels?   When a stationary standard boiler or unfired pressure vessel is moved and reinstalled it must be inspected by an inspector. The following will be required:

(1) The fittings and appliances must comply with the latest codes adopted in WAC 296-104-200.

(2) ((For standard vessels moved to Washington state a complete history of inspection, operation and repairs shall be available for all boilers exceeding 200,000 btu/hr and any pressure vessels exceeding 100 cubic feet.

(3) For any power boiler an evaluation by a Washington state professional engineer or an organization holding a valid ASME Certificate of Authorization is required.

The following are required unless waived by the inspector:)) An installation permit must be submitted in accordance with WAC 296-104-020.

(3) For any boiler or unfired pressure vessel the following are required to be documented and submitted:

(a) A hydrostatic test up to 150% of the maximum allowable working pressure, MAWP.

(b) ((Nondestructive testing of any parts.)) An internal inspection.

(c) An operational test.

(d) Any repairs deemed necessary.

(e) A complete history of inspection, operation and repairs.

(4) The following are required unless waived by the inspector:

(a) Additional examination or nondestructive testing.

(b) A written evaluation by a professional engineer knowledgeable with boilers and pressure vessels, an ASME certificateholder, or a National Board R certificateholder.

[Statutory Authority: RCW 70.79.030 and 70.79.040. 96-21-081, 296-104-256, filed 10/16/96, effective 11/16/96.]


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

WAC 296-104-265   Installation -- What control and limit devices are required on boilers?   (1) Installations prior to June 1989: All automatically fired steam, vapor, or hot water boilers except boilers having a constant attendant who has no other duties while the boiler is in operation, shall be equipped with:

(a) An automatic low-water fuel cut-off; and

(b) An automatic water feeding device.

(c) All devices shall be designed so that they may be readily tested at frequent intervals.

(2) Installations after June 1989:

(a) All boilers 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:

(i) Two high steam pressure limit controls, the highest of which shall be provided with a manual reset.

(ii) Two low-water fuel cut-offs, one of which shall be provided with a manual reset device and independent of the feed water controller.

(iii) Coil type flash steam boilers may use two high-temperature limit controls, one of which shall have a manual reset. This is instead of the low-water fuel cut-off.

(iv) All control and limit devices shall be independently connected and electrically wired in series.

(b) All automatically fired hot water supply, low-pressure hot water heating boilers, and power hot water boilers shall be equipped with:

(i) Two high-temperature limit controls, the highest of which shall be provided with a manual reset.

(ii) One low-water fuel cut-off with a manual reset and independent of the feed water controller.

(iii) 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.

(iv) All control and limit devices shall be independently connected and electrically wired in series.

(3) Installations or refits of gas, oil, or combinations of gas or oil after December 1998 shall have the following additional requirements:

(a) 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, as adopted in WAC 296-104-200 where applicable.

(b) Verification of fuel train compliance will be per CSD-1. A CSD-1 report will be filled out and signed by an authorized representative of the manufacturer and/or the installing contractor.

(c) 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: RCW 70.79.030, 70.79.040 and chapter 70.79 RCW. 00-21-024, 296-104-265, filed 10/10/00, effective 11/13/00. Statutory Authority: RCW 70.79.030 and 70.79.040. 98-22-024, 296-104-265, filed 10/28/98, effective 11/28/98; 97-20-109, 296-104-265, filed 9/30/97, effective 10/31/97. 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 WSR 00-21-024, filed 10/10/00, effective 11/13/00)

WAC 296-104-502   Repairs -- What are the requirements for nonnuclear boilers and unfired pressure vessel repairs and alterations?   Repairs and alterations to nonnuclear boilers and pressure vessels shall be made in accordance with the rules of the National Board Inspection Code (NBIC) as adopted in WAC 296-104-102.

Repairs/alterations may be made by:

(1) An organization authorized by the jurisdiction and in possession of a valid Certificate of Authorization for use of the "R" symbol stamp, issued by the National Board provided such repairs/alterations are within the scope of the authorization.

(2) An organization authorized by the chief inspector and in possession of a valid ASME Certificate of Authorization provided such repairs/alterations are within the scope of the organization's Quality Control System. The chief inspector may limit or restrict repairs/alterations for cause.

Owner/user special inspectors may only accept repairs/alterations to boilers and unfired pressure vessels operated by their respective companies per RCW 70.79.130.

((Where required, a record of welded repairs/alterations, signed by the organization and a commissioned inspector shall be submitted to the chief inspector.)) Documentation of repairs and alterations, in accordance with the requirements of the National Board Inspection Code (NBIC) as adopted in WAC 296-104-102, shall be submitted to the department.

[Statutory Authority: RCW 70.79.030, 70.79.040 and chapter 70.79 RCW. 00-21-024, 296-104-502, filed 10/10/00, effective 11/13/00. Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, 296-104-502, filed 10/26/99, effective 11/26/99; 98-22-024, 296-104-502, filed 10/28/98, effective 11/28/98. Statutory Authority: RCW 70.79.040. 94-21-002, 296-104-502, filed 10/5/94, effective 11/5/94.]


AMENDATORY SECTION(Amending WSR 01-12-034, filed 5/29/01, effective 6/29/01)

WAC 296-104-700   What are the inspection fees -- Certificate fees -- Expenses?   The following fees shall be paid by, or on behalf of, the owner or user upon the completion of the inspection. The inspection fees apply to inspections made by inspectors employed by the state.


Boiler and Pressure Vessel Installation/Reinstallation Permit
$50.00
Heating boilers:
Internal External
Cast iron -- All sizes 27.80 22.20
All other boilers less than 500 sq. ft. 33.40 22.20
500 sq. ft. to 2500 sq. ft. 55.70 27.80
Each additional 2500 sq. ft.

of total heating surface,

or any portion thereof

22.20

11.10

Power boilers:

Internal

External

Less than 100 sq. ft. 27.80 22.20
100 sq. ft. to less than

500 sq. ft.

33.40 22.20
500 sq. ft. to 2500 sq. ft. 55.70 27.80
Each additional 2500 sq. ft. of total heating surface, or any portion thereof 22.20 11.10
Pressure vessels:
Automatic utility hot water supply heaters per RCW 70.79.090

5.50

All other pressure vessels:
Square feet shall be determined by multiplying the length of the shell by its diameter.
Internal External
Less than 15 sq. ft. 22.20 16.70
15 sq. ft. to less than 50 sq. ft. 33.40 16.70
50 sq. ft. to 100 sq. ft. 38.90 22.20
For each additional 100 sq. ft. or any portion thereof ((11.10)) 38.90 ((38.90)) 11.10

Certificate of inspection fees: For objects inspected, the certificate of inspection fee is $16.70 per object.

Nonnuclear shop inspections, field construction inspections, and special inspection services:

For each hour or part of an hour up to 8 hours

33.40

For each hour or part of an hour in excess of 8 hours

50.10


Nuclear shop inspections, nuclear field construction inspections, and nuclear triennial shop survey and audit:
For each hour or part of an hour up to 8 hours

50.10

For each hour or part of an hour in excess of 8 hours

77.90


Nonnuclear triennial shop survey and audit:

When state is authorized inspection agency:
For each hour or part of an hour up to 8 hours

33.40

For each hour or part of an hour in excess of 8 hours

50.10

When insurance company is authorized inspection agency:
For each hour or part of an hour up to 8 hours

50.10

For each hour or part of an hour in excess of 8 hours

77.90


Expenses shall include:

Travel time and mileage: The department shall charge for its inspectors' travel time from their offices to the inspection sites and return. The travel time shall be charged for at the same rate as that for the inspection, audit, or survey. The department shall also charge the current Washington office of financial management accepted mileage cost fees or the actual cost of purchased transportation. Hotel and meals: Actual cost not to exceed the office of financial management approved rate.


Reinspection fee: Same as the fee for the previous inspection during which discrepancies were reported. The fee will be charged only if the discrepancies are not corrected before the reinspection. The fee shall not exceed $ 26.70. Washington state specials: For each vessel to be considered by the board for a Washington state special certificate, a fee of $ 308.60 must be paid to the department before the board meets to consider the vessel. The board may, at its discretion, prorate the fee when a number of vessels that are essentially the same are to be considered.

[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. 01-12-034, 296-104-700, filed 5/29/01, effective 6/29/01. Statutory Authority: RCW 70.79.030, 70.79.040 and chapter 70.79 RCW. 00-21-024, 296-104-700, filed 10/10/00, effective 11/13/00. Statutory Authority: RCW 70.79.030 and 70.79.040. 99-08-049, 296-104-700, filed 4/1/99, effective 5/2/99; 98-09-064, 296-104-700, filed 4/20/98, effective 5/21/98. Statutory Authority: RCW 70.79.040. 93-12-014, 296-104-700, filed 5/21/93, effective 6/21/93. Statutory Authority: RCW 70.79.030 and 70.79.330. 84-21-012 (Order 84-20), 296-104-700, filed 10/5/84; 84-11-016 (Order 84-09), 296-104-700, filed 5/10/84; 82-24-025 (Order 82-36), 296-104-700, filed 11/23/82, effective 1/1/83; Order 77-23, 296-104-700, filed 11/8/77; Emergency Order 77-22, 296-104-700, filed 11/8/77.]

Washington State Code Reviser's Office