Original Notice.

Preproposal statement of inquiry was filed as WSR 98-24-105.

Title of Rule: WAC 296-104-700 and 296-104-285.

Purpose: To comply with actions taken by the Board of Boiler Rules amending fee schedules to ensure revenue is sufficient to support program expenses. To delete WAC 296-104-285 covered under WAC 296-104-107.

Statutory Authority for Adoption: RCW 70.79.030, 70.79.040, 70.79.330.

Statute Being Implemented: Duties of board-make definitions, rules and regulations, inspection fees-expenses schedules.

Summary: Amending fee schedules and deleting duplication of section.

Reasons Supporting Proposal: To ensure revenue is sufficient to support program expenses, deletion of duplicate section.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Dick Barkdoll, Tumwater L&I, 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: WAC 296-104-700 Inspection fees--Certificate fees--Expenses, to increase fees to limit set by the Office of Financial Management of 4.16% or less to ensure revenue is sufficient to support operating expenses and maintain the boiler fund at a level acceptable to the board.

WAC 296-104-285 Unfired pressure vessels in places of public assembly, to delete section now covered in WAC 296-104-107.

Proposal Changes the Following Existing Rules: Increases fees.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The Board of Boiler Rules and the department have determined that this increase in fees is a minor economic impact and thus the department is not required to prepare a small business economic impact statement.

RCW 34.05.328 does not apply to this rule adoption. RCW 34.04.328 [34.05.328] exempts the Board of Boiler Rules from the significant rule requirements and although the criteria does not apply, the board chooses to apply the criteria.

Hearing Location: Labor and Industries, 7273 Linderson Way S.W., Tumwater, on March 16, 1999, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Dick Barkdoll by March 15, 1999, (360) 902-5270.

Submit Written Comments to: Dick Barkdoll, Labor and Industries, Boiler Section, P.O. Box 44410, Olympia, 98504-4410, fax (360) 902-5270, by March 16, 1999.

Date of Intended Adoption: March 30, 1999.

January 27, 1999

Frank G. Sanchez

Chair

OTS-2737.2

AMENDATORY SECTION(Amending WSR 98-09-064, filed 4/20/98, effective 5/21/98)

WAC 296-104-700
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.

Heating boilers:	Internal	External
Cast iron--All sizes	((26.00)) 27.05	((20.80)) 21.65
All other boilers less than 500 sq. ft.	((31.20)) 32.50	((20.80)) 21.65
500 sq. ft. to 2500 sq. ft.	((52.00)) 54.15	((26.00)) 27.05
Each additional 2500 sq. ft. of total heating surface, or any portion thereof	((20.80)) 21.65	((10.40)) 10.80
Power boilers:	Internal	External
Less than 100 sq. ft.	((26.00)) 27.05	((20.80)) 21.65
100 sq. ft. to less than 500 sq. ft.	((31.20)) 32.50	((20.80)) 21.65
500 sq. ft. to 2500 sq. ft.	((52.00)) 54.15	((26.00)) 27.05
Each additional 2500 sq. ft. of total heating surface, or any portion thereof	((20.80)) 21.65	((10.40)) 10.80
Pressure vessels:
Automatic utility hot water supply heaters per RCW 70.79.090	((5.20)) 5.40
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.	((20.80)) 21.65	((15.60)) 16.25
15 sq. ft. to less than 50 sq. ft.	((31.20)) 32.50	((15.60)) 16.25
50 sq. ft. to 100 sq. ft.	((36.40)) 37.90	((20.80)) 21.65
For each additional 100 sq. ft. or any portion thereof	((10.40)) 10.80	((36.40)) 37.90
Certificate of inspection fees: For objects inspected, the certificate of inspection fee is $ ((15.60)) 16.25 per object.
Nonnuclear shop inspections, field construction inspections, and special inspection services:
For each hour or part of an hour up to 8 hours	(( 31.20)) 32.50
For each hour or part of an hour in excess of 8 hours	((46.80)) 48.75
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	((46.80)) 48.75
For each hour or part of an hour in excess of 8 hours	((72.80)) 75.80
Nonnuclear triennial shop survey and audit:
When state is authorized inspection agency:
For each hour or part of an hour up to 8 hours	((31.20)) 32.50
For each hour or part of an hour in excess of 8 hours	((46.80)) 48.75
When insurance company is authorized inspection agency:
For each hour or part of an hour up to 8 hours	((46.80)) 48.75
For each hour or part of an hour in excess of 8 hours	((72.80)) 75.80

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 $ 26.00. Washington state specials: For each vessel to be considered by the board for a Washington state special certificate, a fee of $300.00 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 and 70.79.040.  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.]

     The following section of the Washington Administrative Code is repealed:

WAC 296-104-285

Unfired pressure vessels in places of public assembly.

© Washington State Code Reviser's Office