PERMANENT RULES
LABOR AND INDUSTRIES
Effective Date of Rule: June 30, 2009.
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:
• Reduces board meetings from five times a year to four and allows the department to set times, date and location of board meetings with board approval, as the department has access to meeting room calendars.
• Keep the requirements for rules interpretation but moves the procedure to the boiler web site.
• Establish rules for applying for Washington state specials and extension of inspection frequency.
• Amend the rule to conform with the adopted API-510 and the NBIC.
• Eliminate confusion of the term "agent."
• Remove conflict between rules and adopted code.
• Remove installation standards from construction codes.
• Remove International Building Code (IBC) requirement from the boiler rules.
Citation of Existing Rules Affected by this Order: Amending WAC 296-104-015 Administration -- When and where are the board meetings held?, 296-104-018 Administration -- How are rules interpreted and revised?, 296-104-020 Administration -- What are the filing requirements for boilers and unfired pressure vessels before their installation/reinstallation?, 296-104-100 Inspection -- How often must boilers and unfired pressure vessels be inspected?, 296-104-200 Construction -- What are the standards for new construction? and 296-104-273 Installation -- What inspections are required for reinstalled standard boilers or unfired pressure vessels?; and repealing WAC 296-104-310 Installation -- How many exits are required in boiler rooms?
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 09-08-107 filed on March 31, 2009.
Changes Other than Editing from Proposed to Adopted Version: WAC 296-104-018 removed "s" from "stakeholders" and 296-104-273 changed word "appliance" to "appurtenances."
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 6, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, 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 1, Amended 6, Repealed 1.
Date Adopted: May 27, 2009.
Steven E. Bacon, Chair
Board of Boiler Rules
OTS-2259.3
AMENDATORY SECTION(Amending WSR 99-22-026, filed 10/26/99,
effective 11/26/99)
WAC 296-104-015
Administration -- When and where are the
board meetings held?
The board of boiler rules shall hold its
regular meetings in ((January)) February, ((March,)) May,
September and November of each year. The time, place, and
date of each regular meeting shall be set by the ((chairman of
the board)) department, approved by the board chair and
published annually. Special meetings may be called by the
chair.
[Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, § 296-104-015, filed 10/26/99, effective 11/26/99; 95-19-058, § 296-104-015, filed 9/15/95, effective 10/16/95. Statutory Authority: RCW 70.79.040. 91-11-107, § 296-104-015, filed 5/22/91, effective 6/22/91. Statutory Authority: RCW 70.79.050. 90-07-082, § 296-104-015, filed 3/21/90, effective 4/21/90. Statutory Authority: RCW 70.79.040 and 70.79.050. 86-01-088 (Order 85-26), § 296-104-015, filed 12/19/85; Order 72-11, § 296-104-015, filed 7/7/72.]
(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
c/o 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
c/o Chief Inspector
Department of Labor & Industries
Boiler Section
7273 Linderson Way SW
Tumwater, WA 98501
or
Inquiries shall be submitted electronically to:
Board of Boiler Rules
c/o Chief Inspector
BoilerBoardInquires@lni.wa.gov)) consideration the form must be submitted to the department of labor and industries forty-five days prior to the board of boiler rules meeting date. Forms may also be requested by contacting the department.
[Statutory Authority: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, and 70.79.350. 07-11-137, § 296-104-018, filed 5/22/07, effective 6/30/07; 05-22-092, § 296-104-018, filed 11/1/05, effective 1/1/06. 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.]
(1) Washington state specials may be granted for boilers and pressure vessels that meet the requirements of RCW 70.79.060, WAC 296-104-205, 296-104-210, and 296-104-220.
(2) Extension of inspection frequencies may be granted for boilers and pressure vessels that meet the requirements of RCW 70.79.240 and 70.79.260.
[]
[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, § 296-104-020, filed 11/13/02, effective 12/14/02; 01-24-061, § 296-104-020, filed 11/30/01, effective 12/31/01. 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.]
(1) Power boilers shall be inspected:
(a) Externally while under pressure - Annually.
(b) Internally and externally while not under pressure - Annually, except as noted in the following paragraph.
A power boiler in a national board accredited owner-user inspection program may have the internal inspection intervals extended by the owner-user inspection organization to five years maximum under the following conditions:
(i) The boiler water treatment and specific chemical limits are prescribed and monitored by an individual or company that specializes in the water treatment field;
(ii) Nondestructive examination (NDE) is performed along with the internal inspections;
(iii) The boiler is monitored within a manned operating facility;
(iv) Inspection, maintenance, and water treatment records are maintained;
(v) There is sufficient inspection history for the boiler or a boiler in similar service to justify the increase in the inspection interval; and
(vi) This provision shall not apply to a black liquor recovery boiler or any boiler with an unsuitable corrosion rate, remaining life, and/or repair history.
(2) Organic vapor boilers shall be inspected:
(a) Externally while under pressure - Annually.
(b) Internally and externally while not under pressure - Biennially.
(3) Low pressure heating boilers shall be inspected:
(a) Externally while in operation and under pressure - Biennially.
(b) Where construction permits, internally while not under pressure. Also, as a minimum, an internal of their low water fuel cutoff(s) must be completed, where construction permits - Biennially.
(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. Vessels in an owner-user inspection program may
follow intervals established by the NBIC or API-510 ninth
edition with addenda((, provided nondestructive examination
(NDE) is performed at the biennial external inspection)).
(ii) Pulp or paper dryer rolls may be inspected on a five-year basis in accordance with TAPPI TIP 0402-16 2001 edition, provided the owner has established a written inspection program accepted by the inspector that meets the minimum requirements of TAPPI TIP 0402-16 2001 edition.
(iii) Vessels not subject to corrosion do not require an internal.
[Statutory Authority: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, and 70.79.350. 08-12-015, § 296-104-100, filed 5/27/08, effective 6/30/08. Statutory Authority: Chapter 70.79 RCW. 04-21-069, § 296-104-100, 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. 04-01-194, § 296-104-100, filed 12/24/03, effective 1/24/04; 01-24-061, § 296-104-100, filed 11/30/01, effective 12/31/01. 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.]
(1) ASME Boiler and Pressure Vessel Code, 2007 edition, with addenda Sections I, III, IV, VIII, Division 1, 2, 3, X, XII;
(2) ASME PVHO-1 2007 Safety Standard for Pressure Vessels for Human Occupancy; and
(3) ((ASME CSD-1 Part CF 2004 edition with addenda; 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: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, and 70.79.350. 08-24-072, § 296-104-200, filed 12/1/08, effective 1/1/09; 08-12-015, § 296-104-200, filed 5/27/08, effective 6/30/08; 06-24-042, § 296-104-200, filed 11/30/06, effective 1/1/07; 05-22-092, § 296-104-200, filed 11/1/05, effective 1/1/06. 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.]
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, 70.79.150, 70.79.290, 70.79.330, 70.79.350, and chapter 70.79 RCW. 01-24-061, § 296-104-205, 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, § 296-104-205, 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.]
(1) ((The fittings and appliances must comply with the
latest codes adopted in WAC 296-104-200.
(2))) An installation permit must be submitted in accordance with WAC 296-104-020.
(2) The fittings and appurtenances must comply with the latest codes adopted in WAC 296-104-200. For automatically fired boilers, fuel controls and other limit devices as listed in WAC 296-104-303 shall be provided.
(3) For any boiler or unfired pressure vessel not
currently registered with the department, the following are
required ((to be documented and submitted)) unless waived by
the inspector:
(a) A hydrostatic or pressure test ((up to 150% of the
maximum allowable working pressure, MAWP)) as prescribed in
the original code of construction.
(b) An internal inspection.
(c) An operational test.
(d) Any repairs deemed necessary.
(e) A complete history of inspection, operation and repairs/alterations.
(((4) The following are required unless waived by the
inspector:
(a))) (f) Additional examination or nondestructive testing.
(((b))) (g) 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, 70.79.040, 70.79.150, 70.79.290, 70.79.330, 70.79.350, and chapter 70.79 RCW. 02-23-036, recodified as § 296-104-273, filed 11/13/02, effective 12/14/02; 01-24-061, § 296-104-256, filed 11/30/01, effective 12/31/01. Statutory Authority: RCW 70.79.030 and 70.79.040. 96-21-081, § 296-104-256, filed 10/16/96, effective 11/16/96.]
The following section of the Washington Administrative Code is repealed:
WAC 296-104-310 | Installation -- How many exits are required in boiler rooms? |