LABOR AND INDUSTRIES

(Board of Boiler Rules)

[Filed November 20, 2018, 9:53 a.m., effective January 1, 2019]

Effective Date of Rule: January 1, 2019.

Purpose: The purpose of this rule making is to adopt new safety codes, update and clarify existing rules, and increase fees by the fiscal growth factor rate of 4.0 percent in chapter 296-104 WAC, Board of boiler rules—Substantive. The fee increase is the office of financial management's maximum allowable fiscal growth factor rate for fiscal year 2019.

This rule making will:

Citation of Rules Affected by this Order: New WAC 296-104-251; and amending WAC 296-104-010, 296-104-065, 296-104-102, 296-104-320, 296-104-502, and 296-104-700.


•	Adopt the National Board Inspection Code (NBIC), current edition, Part 1, as the standard for installation of nonnuclear boilers, unfired pressure vessels and safety devices in the state of Washington. Also, adopt language to clarify the duties of inservice inspectors in relation to other standards and requirements for which other regulatory agencies have authority or responsibility.
•	Adopt the Uniform Plumbing Code (UPC), Section 608.5 with Washington state amendments for water heater discharge piping to create uniformity with other state and local jurisdictions that recognize the same standard.
•	Adopt amendments to the definition of "hot water heater" to clarify existing requirements for customers.
•	Replace the "A" endorsement with "Authorized Inspector Commission" to bring the rules up-to-date with current terminology in NBIC, NB-263 RCI-1 for inspector commissions and endorsements.
•	Adopt amendments to align the rules with NBIC, current edition, Part 4 for installation, inservice inspection, and repair of pressure relief devices.
•	Replace Supplement 10 with Supplement 7 for nonnuclear repairs and alterations to align the rules with NBIC, current edition, Part 3.
•	Increase fees by the fiscal growth factor of 4.0 percent to cover the program's operating expenses.

Statutory Authority for Adoption: Chapter 70.79 RCW, Boilers and unfired pressure vessels.

Adopted under notice filed as WSR 18-19-082 on September 18, 2018.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.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

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 0.

Date Adopted: November 20, 2018.

Board of Boiler Rules

AMENDATORY SECTION(Amending WSR 18-01-113, filed 12/19/17, effective 1/31/18)

WAC 296-104-010Administration—What are the definitions of terms used in this chapter?

"Accident" shall mean a failure of the boiler or unfired pressure vessel resulting in personal injury or property loss or an event which renders a boiler or unfired pressure vessel unsafe to return to operation.

"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 automatic 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 unfired pressure vessel installation/reinstallation permit," shall mean a permit approved by the chief inspector before starting installation or reinstallation of any boiler and unfired pressure vessel within the jurisdiction of Washington.

"Boilers and/or unfired pressure vessels" - Below are definitions for types of boilers and unfired pressure vessels used in these regulations:

•	"Boiler/unfired pressure vessel status" shall mean:
*	Active - Boilers or pressure vessels that are currently in service.
*	Inactive - Boilers or pressure vessels still located at the facility but are physically disconnected from the energy input and system.
*	Out-of-service - Boilers or pressure vessels that are no longer at the facility.
*	Scrapped - Boilers or pressure vessels that have been condemned as defined below.
•	"Condemned boiler or unfired pressure vessel" shall mean a boiler or unfired pressure vessel that has been inspected and declared unsafe or disqualified for further use by legal requirements. The following procedure shall be utilized:
(a)	The inspector will issue and follow the department's "red tag" procedure.
(b)	The object will be immediately removed from service.
(c)	The existing national board and state number shall be obliterated by the inspector.
(d)	The ASME nameplate and/or stamping shall be physically removed by the owner/user and verified by the inspector.
(e)	If required by the inspector, a portion of the pressure vessel shall be physically removed by the owner/user. This action will render the object incapable of holding pressure.
(f)	The inspector shall document this procedure on the boiler/pressure vessel inspection report and change the object status to "scrapped."
•	"Corrosion" shall mean the destruction or deterioration of a material, that results from a reaction with its environment.
•	"Expansion tank" shall mean a tank used to absorb excess water pressure. Expansion tanks installed in closed water heating systems and hot water supply systems shall meet the requirements of ASME Section IV, HG-709.
•	"Historical boilers and unfired pressure vessel" shall mean nonstandard boilers and pressure vessels including steam tractors, traction engines, hobby steam boilers, portable steam boilers, and other such boilers or pressure vessels that are preserved, restored, and maintained only for demonstration, viewing, or educational purposes. They do not include miniature hobby boilers as described in RCW 70.79.070.
•	"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 be protected with an approved temperature and pressure safety relief valve ((and))with the appropriate pressure and relieving capacity ratings.
*	The hot water heater shall not exceed any of the following limits:
*	Pressure of 160 psi (1100 kpa);
*	Temperature of 210 degrees F (99°C).
*	120 gallons in capacity.
*	200,000 Btu/hr (58.6 kW).
	Additional requirements:
*	Hot water heaters exceeding 120 gallons (454 liters) must be ASME code stamped;
*	Hot water heaters exceeding 200,000 Btu/hr (((58.58))58.6 kW) input must be ASME code stamped.
•	"Indirect water heater" shall mean a closed vessel appliance used to heat water for use external to itself, which includes a heat exchanger used to transfer heat to water from an external source. The requirements and limits described above shall apply.
•	"Installer" shall mean any entity or individual who physically or mechanically installs a boiler, pressure vessel or water heater that meets the in-service inspection requirements of this chapter. The installer is defined as a registered contractor, owner, user or designee.
•	"Low pressure boiler" shall mean a steam boiler operating at a pressure not exceeding 15 psig or a boiler in which water 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. Low pressure boilers open to atmosphere and vacuum boilers are excluded.
•	"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 mean a gas, oil, or electric appliance that is used to heat water contained in swimming pools, spas, and hot tubs.
(a)	Pool heaters with energy input equivalent to 399,999 Btu/hr (117.2 kW) or less shall be manufactured and certified to ANSI Z21.56, UL1261, CSA 4.7 or equivalent manufacturing standards, as approved by the chief inspector, and are excluded from the limit and control devices requirements of WAC 296-104-300 through 296-104-303.
(b)	Pool heaters with energy input of 400,000 Btu/hr and above shall be stamped with an ASME Section IV Code symbol, and the requirements of WAC 296-104-300 through 296-104-303 shall apply.
(c)	Pool heaters open to the atmosphere are excluded.
•	"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 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 Washington state board of boiler rules to a person who has passed the tests as set forth in WAC 296-104-050.

"Certificate of inspection" shall mean a certificate issued by the chief boiler inspector to the owner/user of a boiler or unfired pressure vessel upon inspection by an inspector. The boiler or unfired pressure vessel must comply with rules, regulations, and appropriate fee payment shall be made directly to the chief boiler inspector.

"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 addenda 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 commission card issued to a person in the employ of Washington state, an insurance company or a company owner/user inspection agency holding a Washington state 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 certificate" see "certificate of inspection."

"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.

"Jacketed steam kettle" shall mean a pressure vessel with inner and outer walls that is subject to steam pressure and is used to boil or heat liquids or to cook food. Jacketed steam kettles with a total volume greater than or equal to one and one-half cubic feet (11.25 gallons) shall be ASME code stamped.

(a) "Unfired jacketed steam kettle" is one where the steam within the jacket's walls is generated external to itself, such as from a boiler or other steam source.

(b) "Direct fired jacketed steam kettle" is a jacketed steam kettle having its own source of energy, such as gas or electricity for generating steam within the jacket's walls.

"Nationwide engineering standard" shall mean a nationally accepted design method, formulae and practice acceptable to the board.

"Operating permit" see "certificate of inspection."

"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 homes and assisted living facilities.

"Special design" shall mean a design using nationally or internationally recognized engineering standards other than the codes adopted in WAC 296-104-200.

AMENDATORY SECTION(Amending WSR 04-01-194, filed 12/24/03, effective 1/24/04)

WAC 296-104-065Administration—How should an inspector obtain a Washington state commission?

A commission as a deputy inspector of boilers and/or unfired pressure vessels may be issued by the chief inspector to an inspector complying with WAC 296-104-065 (1) or (4). 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 and supervision of such company provided the inspector has had the experience prescribed in chapter 70-79 RCW and complies with one of the following:

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

(2) Is certified by the American Petroleum Institute in accordance with API-510 for pressure vessel inspection, having passed an examination covering the Washington state boilers and unfired pressure vessels law, chapters 70.79 RCW and 296-104 WAC.

(3) Is certified by the American Petroleum Institute in accordance with API-510 for pressure vessel inspection, and specifically and temporarily in the direct employ of an owner/user inspection agency as set forth in RCW 70.79.130. This inspector shall be exempted from the state examination requirement in WAC 296-104-065(2).

(4) Is an inspector holding the national board (("A" endorsement))authorized inspector commission and performs shop inspections only. This inspector shall be exempt from the exam requirement set forth in WAC 296-104-065(1).

AMENDATORY SECTION(Amending WSR 18-01-113, filed 12/19/17, effective 1/31/18)

WAC 296-104-102Inspection—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((,))and unfired pressure vessels((, and safety devices in))is the National Board Inspection Code (NBIC), current edition Part 2, excluding Section 6, Supplements 1, 5, 6, and 7 which may be used as nonmandatory guidelines.

(2) The standard for installation, in-service inspection, and repair of pressure relief devices is the National Board Inspection Code (NBIC), current edition Part 4, excluding Section 6, Supplements 1 and 3 which may be used as nonmandatory guidelines.

(3) The standard for inspection of historical steam boilers of riveted construction preserved, restored, or maintained for hobby or demonstration use, shall be Part 2, Section 6, Supplement 2 of the National Board Inspection Code (NBIC) current edition.

(((3)))(4) 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)))(5) 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, current edition. This code may be used on or after the date of issue.

(((5)))(6) TAPPI TIP 0402-16, revised 2011 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.

WAC 296-104-251Installation—What are the standards for installation for nonnuclear boiler and pressure vessels?

The standard for installation of nonnuclear boilers, unfired pressure vessels, and safety devices is the National Board Inspection Code (NBIC), current edition Part 1, excluding Section 5 and Section 6, Supplements 1, 2, and 5 which may be used as nonmandatory guidelines.

AMENDATORY SECTION(Amending WSR 04-01-194, filed 12/24/03, effective 1/24/04)

WAC 296-104-320Installation—Where should the discharge from safety pressure relief devices, blow offs and drains be directed?

Discharge from safety pressure relief devices, blow offs and drains shall be directed to a safe point of discharge to prevent injury to personnel and property. Discharge lines from boilers, accumulators, or headers, with a capacity of 1,000 pounds of steam per hour or more, shall be directed outside of the building.

For hot water heater discharge lines as defined in WAC 296-104-010 that do not exceed 120 gallons or 200,000 Btu/hr input the following requirements shall be followed:

The discharge piping serving a temperature relief valve, pressure relief valve, or combination of both shall have no valves, or obstructions, or means of isolation and be provided with the following:

(1) Equal to the size of the valve outlet and shall discharge full size to the flood level of the area receiving the discharge and pointing down.

(2) Materials shall be rated at not less than the operating temperature of the system and approved for such use.

(3) Discharge pipe shall discharge independently by gravity through an air gap into the drainage system or outside of the building with the end of the pipe not exceeding 2 feet (610 mm) and not less than 6 inches (152 mm) above the ground and pointing downwards.

(4) Discharge in such a manner that does not cause personal injury or structural damage.

(5) No part of such discharge pipe shall be trapped or subject to freezing.

(6) The terminal end of the pipe shall not be threaded.

(7) Discharge from a relief valve into a water heater pan shall be prohibited.

Exception:

Where no drainage was provided, replacement water heating equipment shall only be required to provide a drain pointing downward from the relief valve to extend between 2 feet (610 mm) and 6 inches (152 mm) from the floor. No additional floor drain need be provided.

AMENDATORY SECTION(Amending WSR 18-01-113, filed 12/19/17, effective 1/31/18)

WAC 296-104-502Repairs—What is the standard for nonnuclear repairs and alterations?

The standard for repairs/alterations is:

(1) National Board Inspection Code (NBIC), current edition Part 3, excluding Section 6, Supplements 1, 5, 6, and ((10))7 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 Part 3, Section 6, Supplement 2 of the National Board Inspection Code (NBIC) current edition.

AMENDATORY SECTION(Amending WSR 18-01-113, filed 12/19/17, effective 1/31/18)

WAC 296-104-700What are the inspection fees—Examination 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.

The boiler and pressure vessel installation/reinstallation permit fee of $((54.00))56.16 shall be paid by the installer, as defined in WAC 296-104-010.

Certificate of inspection fees: For objects inspected, the certificate of inspection fee per object is $((23.30))24.23.

Hot water heaters per RCW 70.79.090, inspection fee: $((7.10))7.38.

Heating boilers:		Internal	External
	Cast iron—All sizes	$((39.30)) 40.87	$((31.40)) 32.65
	All other boilers less than 500 sq. ft.	$((39.30)) 40.87	$((31.40)) 32.65
	500 sq. ft. to 2500 sq. ft.	$((78.60)) 81.74	$((39.30)) 40.87
	Each additional 2500 sq. ft. of total heating surface, or any portion thereof	$((31.40)) 32.65	$((15.40)) 16.01
Power boilers:		Internal	External
	Less than 100 sq. ft.	$((39.30)) 40.87	$((31.40)) 32.65
	100 sq. ft. to less than 500 sq. ft.	$((47.60)) 49.50	$((31.40)) 32.65
	500 sq. ft. to 2500 sq. ft.	$((78.60)) 81.74	$((39.30)) 40.87
	Each additional 2500 sq. ft. of total heating surface, or any portion thereof	$((31.40)) 32.65	$((15.40)) 16.01
Pressure vessels:
	Square feet shall be determined by multiplying the length of the shell by its diameter.
		Internal	External
	Less than 15 sq. ft.	$((31.40)) 32.65	$((23.30)) 24.23
	15 sq. ft. to less than 50 sq. ft.	$((46.60)) 48.46	$((23.30)) 24.23
	50 sq. ft. to 100 sq. ft.	$((54.40)) 56.57	$((31.40)) 32.65
	For each additional 100 sq. ft. or any portion thereof	$((54.30)) 56.47	$((15.40)) 16.01
Nonnuclear shop inspections, field construction inspections, and special inspection services:
	For each hour or part of an hour up to 8 hours	$((47.60)) 49.50
	For each hour or part of an hour in excess of 8 hours	$((71.10)) 73.94
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	$((71.10)) 73.94
	For each hour or part of an hour in excess of 8 hours	$((111.20)) 115.64
Nonnuclear triennial shop survey and audit:
When state is authorized inspection agency:
	For each hour or part of an hour up to 8 hours	$((47.60)) 49.50
	For each hour or part of an hour in excess of 8 hours	$((71.10)) 73.94
When insurance company is authorized inspection agency:
	For each hour or part of an hour up to 8 hours	$((71.10)) 73.94
	For each hour or part of an hour in excess of 8 hours	$((111.20)) 115.64

Examination fee: A fee of $((88.00))91.52 will be charged for each applicant sitting for an inspection examination(s).

Special inspector commission: A fee of $((47.50))49.40 for initial work card. A fee of $((29.50))30.68 for annual renewal.

If a special inspector changes companies: A work card fee of $((47.50))49.40.

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.

Requests for Washington state specials and extensions of inspection frequency: For each vessel to be considered by the board, a fee of $((442.60))460.30 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.