WSR 24-02-070

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

(Board of Boiler Rules)

[Filed January 2, 2024, 8:21 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 23-21-043.

Title of Rule and Other Identifying Information: Board of boiler rules: WAC 296-104-020 Administration—What are the filing requirements for boilers and unfired pressure vessels before their installation/reinstallation?, 296-104-102 Inspections—What are the standards for in-service inspection?, 296-104-200 Construction—What are the standards for new construction?, 296-104-255 Installation—What are the required clearances for boilers?, 296-104-260 Installation—What are the required clearances for unfired pressure vessels?, and 296-104-700 What are the inspection fees—Examination fees—Certificate fees—Expenses?

Hearing Location(s): On February 21, 2024, at 10:20 a.m., at the Department of Labor and Industries (L&I), 7273 Linderson Way S.W., Tumwater, WA 98501; or join electronically (Zoom) https://lni-wa-gov.zoom.us/j/87878811300?pwd=NjZGWWtJMEVVVUplVDE5enhxNjdNZz09, Passcode 8.Lzpi?w; or join by phone (audio only) 253-215-8782, Meeting ID 878 7881 1300, Passcode 73603315. The in-person and virtual/telephonic hearing starts at 10:20 a.m. and will continue until all oral comments are received.

Date of Intended Adoption: April 16, 2024.

Submit Written Comments to: Meagan Edwards, L&I, Field Services and Public Safety Division, P.O. Box 44400, Olympia, WA 98504-4400, email Meagan.Edwards@Lni.wa.gov, fax 360-902-6134, by 5 p.m. on February 13, 2024.

Assistance for Persons with Disabilities: Contact Meagan Edwards, phone 360-522-0125, fax 360-902-6134, email Meagan.Edwards@Lni.wa.gov, by February 7, 2024.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule making is to propose amendments to the boiler rule under chapter 296-104 WAC. The changes affect safety codes, installer and clearance requirements, and fees for boilers and pressure vessels. The amendments are needed to ensure the rule is consistent with national boiler and unfired pressure vessel safety standards and industry practice.

Proposed amendments to the chapter are as follows:

Reasons Supporting Proposal: This rule making is needed to ensure that Washington's rules are clear and consistent to improve public safety, and that inspection fees will support the boiler program's operating expenses. According to RCW 70.79.330 and 70.79.350, a fee schedule for inspections is to be set by the board of boiler rules and the fees are to be used to administer the boiler program.

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: Mike Carlson, Program Manager, Tumwater, Washington, 360-902-5270; Implementation and Enforcement: Steve Reinmuth, Assistant Director, Tumwater, Washington, 360-902-6348.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Meagan Edwards, L&I, Field Services and Public Safety Division, P.O. Box 44400, Olympia, WA 98504-4400, phone 360-522-0125, fax 360-902-6134, email Meagan.Edwards@Lni.wa.gov.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule; rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; and rules set or adjust fees under the authority of RCW 19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW 19.80.045.

Scope of exemption for rule proposal:

Is partially exempt:

Explanation of partial exemptions:

The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. Most of the rule changes are exempt from the small business economic impact analysis [statement] (SBEIS) under RCW 19.85.025. Those changes that are not exempt from the SBEIS requirement are the following:

These changes will either result in a cost savings to customers or no increased costs over current practice or the baseline.

According to the Regulatory Fairness Act under RCW 19.85.030 (1)(a), an agency shall prepare an SBEIS: (i) If the proposed rule will impose more-than-minor costs1 on businesses in an industry; or (ii) if requested to do so by a majority vote of the joint administrative rules review committee within 45 days of receiving the notice of proposed rule making under RCW 34.05.320. As the portions of the rule amendments not meeting exemptions will either result in a cost savings to customers or no increased costs over current practice or the baseline, the proposed amendments are not expected to impose more-than-minor costs, so an SBEIS is not required.

January 2, 2024

Tim Barker, Chair

Board of Boiler Rules

OTS-5060.3