Original Notice.

Preproposal statement of inquiry was filed as WSR 01-05-131.

Title of Rule: Fee increases for the Board of Boiler Rules, chapter 296-104 WAC.

Purpose: The Board of Boiler Rules is proposing a 2.87% (rounded down to the nearest tenth of a dollar) general increase in fees. The 2.87% rate is the Office of Financial Management's maximum allowable fiscal growth rate factor for fiscal year 2001. The general fee increases are necessary to maintain the financial health and operational effectiveness of the program.

Statutory Authority for Adoption: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, and 70.79.350.

Statute Being Implemented: Chapter 70.79 RCW.

Summary: See Purpose above.

Reasons Supporting Proposal: See Purpose above.

Name of Agency Personnel Responsible for Drafting: Board of Boiler Rules, Tumwater, (360) 902-5270; Implementation and Enforcement: Robb Marvin, Tumwater, (360) 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: See Purpose above.

Proposal Changes the Following Existing Rules: See Purpose above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has considered whether these proposed rules are subject to the Regulatory Fairness Act and has determined that they do not require a small business economic impact statement because the costs associated with the proposed rules will not place a more than minor impact on any business, contractor, or other entity affected by these proposed fee increases.

RCW 34.05.328 applies to this rule adoption. RCW 34.05.328 applies to this rule adoption. The proposed rule amendments are considered "significant legislative rules" because the fee increases will have a financial impact upon those regulated by these rules.

Hearing Location: Labor and Industries Building, 729 100th Street S.E., Everett, WA 98208-3727, on May 22, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Josh Swanson by May 21, 2001, at (360) 902-6411.

Submit Written Comments to: Josh Swanson, Specialty Compliance Services Division, P.O. Box 44400, Olympia, WA 98504-4400, e-mail swaj235@lni.wa.gov, fax (360) 902-5292, by May 23, 2001. Comments submitted by fax must be ten pages or less.

Date of Intended Adoption: May 25, 2001.

April 18, 2001

Kenneth E. Eshleman, Chair

Board of Boiler Rules

OTS-4769.1

AMENDATORY SECTION(Amending WSR 99-22-026, filed 10/26/99, effective 11/26/99)

WAC 296-104-055   Administration--What are the examination fees?   A fee of ((sixty dollars)) $61.70 will be charged for each applicant sitting for an inspection examination(s). If an applicant fails to pass the examination this fee shall be good for one year during which a reexamination may be taken. Checks for examination fees shall be made payable to the state treasurer.

[Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, 296-104-055, filed 10/26/99, effective 11/26/99. Statutory Authority: RCW 70.79.040. 93-12-014, 296-104-055, filed 5/21/93, effective 6/21/93. Statutory Authority: RCW 70.79.030 and 70.79.330. 82-24-025 (Order 82-36), 296-104-055, filed 11/23/82, effective 1/1/83; Order 74-37, 296-104-055, filed 11/8/74; Part II, 8, filed 3/23/60.]

Heating boilers:	Internal	External
Cast iron -- All sizes	((27.05)) 27.80	((21.65)) 22.20
All other boilers less than 500 sq. ft.	((32.50)) 33.40	((21.65)) 22.20
500 sq. ft. to 2500 sq. ft.	((54.15)) 55.70	((27.05)) 27.80
Each additional 2500 sq. ft. of total heating surface, or any portion thereof	((21.65)) 22.20	((10.80)) 11.10
Power boilers:	Internal	External
Less than 100 sq. ft.	((27.05)) 27.80	((21.65)) 22.20
100 sq. ft. to less than 500 sq. ft.	((32.50)) 33.40	((21.65)) 22.20
500 sq. ft. to 2500 sq. ft.	((54.15)) 55.70	((27.05)) 27.80
Each additional 2500 sq. ft. of total heating surface, or any portion thereof	((21.65)) 22.20	((10.80)) 11.10
Pressure vessels:
Automatic utility hot water supply heaters per RCW 70.79.090	((5.40)) 5.50
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.	((21.65)) 22.20	((16.25)) 16.70
15 sq. ft. to less than 50 sq. ft.	((32.50)) 33.40	((16.25)) 16.70
50 sq. ft. to 100 sq. ft.	((37.90)) 38.90	((21.65)) 22.20
For each additional 100 sq. ft. or any portion thereof	((10.80)) 11.10	((37.90)) 38.90
Certificate of inspection fees: For objects inspected, the certificate of inspection fee is $((16.25)) 16.70 per object.
Nonnuclear shop inspections, field construction inspections, and special inspection services:
For each hour or part of an hour up to 8 hours	((32.50)) 33.40
For each hour or part of an hour in excess of 8 hours	((48.75)) 50.10
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	((48.75)) 50.10
For each hour or part of an hour in excess of 8 hours	((75.80)) 77.90
Nonnuclear triennial shop survey and audit:
When state is authorized inspection agency:
For each hour or part of an hour up to 8 hours	((32.50)) 33.40
For each hour or part of an hour in excess of 8 hours	((48.75)) 50.10
When insurance company is authorized inspection agency:
For each hour or part of an hour up to 8 hours	((48.75)) 50.10
For each hour or part of an hour in excess of 8 hours	((75.80)) 77.90

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)) $ 26.70. Washington state specials: For each vessel to be considered by the board for a Washington state special certificate, a fee of (($ 300.00)) $ 308.60 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, 70.79.040 and chapter 70.79 RCW. 00-21-024, 296-104-700, filed 10/10/00, effective 11/13/00. Statutory Authority: RCW 70.79.030 and 70.79.040. 99-08-049, 296-104-700, filed 4/1/99, effective 5/2/99; 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.]

Washington State Code Reviser's Office