WSR 14-09-093 PROPOSED RULES DEPARTMENT OF LABOR AND INDUSTRIES [Filed April 22, 2014, 9:12 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-05-076.
Title of Rule and Other Identifying Information: Chapter 296-104 WAC, Board of boiler rules—Substantive.
Hearing Location(s): Department of Labor and Industries (L&I), 950 Broadway, Suite 200, Tacoma, WA 98402-4453, on May 28, 2014, at 10:00 a.m. For directions to the L&I office: http://www.lni.wa.gov/Main/ContactInfo/OfficeLocations/tacoma.asp.
Date of Intended Adoption: June 17, 2014.
Submit Written Comments to: Alicia Curry, Rules Coordinator, P.O. Box 44400, Olympia, WA 98504-4400, e-mail Alicia.Curry@Lni.wa.gov, fax (360) 902-5292, by 5 p.m. on May 28, 2014.
Assistance for Persons with Disabilities: Contact Alicia Curry by May 14, 2014, at Alicia.Curry@Lni.wa.gov or (360) 902-6244.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The board of boiler rules is proposing amendments to chapter 296-104 WAC, Board of boiler rules—Substantive, to adopt new safety code requirements and a housekeeping change. The boiler rules are reviewed on a regular basis to ensure the rules are consistent with national boiler and unfired pressure vessel safety standards and industry practice. Due to the rule-making moratorium, the board of boiler rules didn't adopt rules to align with the 2013 (current edition) National Board Inspection Code (NBIC), used to regulate the industry.
Proposed amendments to this chapter will:
Reasons Supporting Proposal: This rule making is needed to update existing requirements to ensure the most current standards are in place for proper construction, installation, inspection, operation, maintenance, alterations, and repairs of boilers and unfired pressure vessels that improve public safety.
Statutory Authority for Adoption: Chapter 70.79 RCW, Boilers and unfired pressure vessels.
Statute Being Implemented: Chapter 70.79 RCW, Boilers and unfired pressure vessels.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: L&I, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: José Rodriguez, Tumwater, Washington, (360) 902-6348.
No small business economic impact statement has been prepared under chapter 19.85 RCW. L&I is exempt from preparing a small business economic impact statement under RCW 19.85.030 (1)(a), since the proposed rules would not impose more than minor costs on businesses.
A cost-benefit analysis is not required under RCW 34.05.328. L&I is exempt from preparing a cost-benefit analysis under RCW 34.05.328 (5)(a), since the proposed rules would not impose more than minor costs on businesses.
April 22, 2014
Robert E. Olson
Chair
AMENDATORY SECTION (Amending WSR 08-12-015, filed 5/27/08, effective 6/30/08)
WAC 296-104-050 Administration—What are the requirements for a boiler inspector?
Application for examination for a Washington state certificate of competency shall be in writing upon a form to be furnished by the chief inspector stating the school and education of the applicant, a list of employers, period of employment and position held with each employer. Applications containing willful falsification or untruthful statements shall be rejected.
In order to qualify as a prospective inspector, an applicant shall meet the minimum requirements as set forth in the national board's "Rules for Commissioned Inspectors," NB263, Revision ((17)) 8 (02/07) or API-510 (ninth edition), as appropriate.
If the applicant's history and experience meet with the approval of the chief inspector based on the board of boiler rules approved criteria, the candidate shall be given the Washington state examination. If the applicant is accepted on the merits of these examinations or as provided for in WAC 296-104-065, and the applicant is in possession of a national board commission or API-510 certification, as appropriate, a Washington state certificate of competency will be issued by the chief inspector.
For those applicants sitting for the national board examination in conjunction with the Washington state examination, a certificate of competency will be issued by the chief inspector upon receipt of a valid national board commission.
Examinations shall be held at locations and times when considered necessary by the chief inspector. The examinations may be offered four times each year, namely, the first Wednesday and following Thursday of the months of March, June, September and December. Special examinations may be held when considered necessary by the chief inspector.
AMENDATORY SECTION (Amending WSR 08-24-072, filed 12/1/08, effective 1/1/09)
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. The duties of the in-service inspector do not include the installation's compliance with other standards and requirements (environmental, construction, electrical, undefined industrial standards, etc.), for which other regulatory agencies have authority and responsibility to oversee.
(1) The standard for inspection of nonnuclear boilers, unfired pressure vessels, and safety devices ((is)) in the National Board Inspection Code (NBIC), ((2007)) 2013 edition Part 2, ((with addenda,)) excluding Section 6, Supplements 1, 2, 5, 6, and 7 which may be used as nonmandatory guidelines. ((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 (NBIC) 2004 edition with 2006 addenda.
(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, ninth edition, with addenda. This code may be used on or after the date of issue.
(5) TAPPI TIP 0402-16, dated 2006 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.
AMENDATORY SECTION (Amending WSR 02-23-036, filed 11/13/02, effective 12/14/02)
WAC 296-104-271 Installation—How does an owner, user, or installer obtain a variance from clearances?
Variances from WAC 296-104-255, ((296-104-256,)) 296-104-260, and 296-104-265 may be requested. The variance request shall be in writing on an appropriate form approved by the chief inspector, and shall specify how equivalent safety is to be maintained. The chief inspector may grant the variance provided that safety and accessibility for inspections are acceptable.
AMENDATORY SECTION (Amending WSR 08-24-072, filed 12/1/08, effective 1/1/09)
WAC 296-104-502 Repairs—What is the standard for nonnuclear repairs and alterations?
The standard for repairs/alterations is:
(1) National Board Inspection Code (NBIC), ((2007)) 2013 edition Part 3, ((with addenda,)) excluding Section 6, Supplements 1, 2, 5, 6, and ((7)) 10 which may be used as nonmandatory guidelines.
(2) The standard for repair of historical boilers or riveted construction preserved, restored, or maintained for hobby or demonstration use, shall be Appendix C of the National Board Inspection Code (NBIC) 2004 edition with 2006 addenda.
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