Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-04-105.

     Title of Rule: General fee increase for the Board of Boiler Rules (chapter 296-104 WAC).

     Purpose: The Board of Boiler Rules is proposing a 2.79% (rounded down to the nearest tenth of a dollar) general fee increase. The 2.79% rate is the Office of Financial Management's maximum allowable fiscal growth rate factor for fiscal year 2002. The general fee increase is necessary to help offset inflation and 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 Board of Boiler Rules 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.

     RCW 34.05.328 does not apply to this rule adoption. Significant rule-making criteria does not apply to these rule changes because the exempt criteria outlined in RCW 34.05.328(5) was not met.

     Hearing Location: Labor and Industries Building, 950 Broadway, Suite 200, Tacoma, WA 98402-4453, on May 21, 2002, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Josh Swanson, by May 20, 2002, at (360) 902-6411.

     Submit Written Comments to: Josh Swanson, Specialty Compliance Services Division, P.O. Box 44400, Olympia, WA 98504-4400, swaj235@lni.wa.gov, fax (360) 902-5292, by May 21, 2001 [2002]. Comments submitted by fax must be ten pages or less.

     Date of Intended Adoption: May 28, 2002.

April 17, 2002

Craig Hopkins, Chair

Board of Boiler Rules

OTS-5583.1

AMENDATORY SECTION(Amending WSR 01-12-034, filed 5/29/01, effective 6/29/01)

WAC 296-104-055   Administration--What are the examination fees?   A fee of $((61.70)) 63.40 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, 70.79.040, 70.79.150, 70.79.290, 70.79.330, 70.79.350, and chapter 70.79 RCW. 01-12-034, § 296-104-055, filed 5/29/01, effective 6/29/01. 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.]

     The fee for the special inspector commission is ((twenty-five dollars)) $25.60. The special inspector commission shall be held at the home office of the employing company and shall be valid for one year and may be renewed annually at the request of the employing company for a fee of ((ten dollars)) $10.20. The deputy inspector commission shall be held by the chief inspector. The deputy inspector commission shall be valid for one year and may be renewed annually at the request of the chief inspector. Inspectors shall carry identifying commission cards while they are inspecting. The state or employing company shall return the commission and the identifying commission card at once to the chief inspector when the inspector to whom the commission was issued is no longer in its employ, or at the request of the chief inspector.

     The chief inspector may suspend or revoke a certificate of competency and commission issued to an inspector upon written notice to the inspector and to the inspector's employer for:

•	Incompetency or untrustworthiness;
•	Willful falsification of any matter or statement contained in the application, or in the report of any inspection; or
•	For other sufficient reason.

     The holder of a certificate of competency is entitled to a hearing before the board prior to the revocation or suspension of the certificate of competency. A person whose commission has been suspended, except for untrustworthiness, may apply to the board for reinstatement. A person whose commission has been revoked, except for untrustworthiness, may apply to the board to take a new examination for a commission after ninety days from the date of the revocation.

[Statutory Authority: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, 70.79.350, and chapter 70.79 RCW. 01-24-061, § 296-104-060, filed 11/30/01, effective 12/31/01. Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, § 296-104-060, filed 10/26/99, effective 11/26/99. Statutory Authority: RCW 70.79.040. 94-21-002, § 296-104-060, filed 10/5/94, effective 11/5/94. Statutory Authority: RCW 70.79.030 and 70.79.330. 82-24-025 (Order 82-36), § 296-104-060, filed 11/23/82, effective 1/1/83; Order 74-37, § 296-104-060, filed 11/8/74; Part II, § 9, filed 3/23/60.]

Heating boilers:	Internal	External
Cast iron -- All sizes	((27.80)) 28.50	((22.20)) 22.80
All other boilers less than 500 sq. ft.	((33.40)) 34.30	((22.20)) 22.80
500 sq. ft. to 2500 sq. ft.	((55.70)) 57.20	((27.80)) 28.50
Each additional 2500 sq. ft.      of total heating surface,      or any portion thereof	((22.20)) 22.80	((11.10)) 11.40
Power boilers:	Internal	External
Less than 100 sq. ft.	((27.80)) 28.50	((22.20)) 22.80
100 sq. ft. to less than           500 sq. ft.	((33.40)) 34.30	((22.20)) 22.80
500 sq. ft. to 2500 sq. ft.	((55.70)) 57.20	((27.80)) 28.50
Each additional 2500 sq. ft. of total heating surface, or any portion thereof	((22.20)) 22.80	((11.10)) 11.40
Pressure vessels:
Automatic utility hot water supply heaters per RCW 70.79.090	((5.50)) 5.60
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.	((22.20)) 22.80	((16.70)) 17.10
15 sq. ft. to less than 50 sq. ft.	((33.40)) 34.30	((16.70)) 17.10
50 sq. ft. to 100 sq. ft.	((38.90)) 39.90	((22.20)) 22.80
For each additional 100 sq. ft. or any portion thereof	((38.90)) 39.90	((11.10)) 11.40
Certificate of inspection fees: For objects inspected, the certificate of inspection fee is $((16.70)) 17.10 per object.
Boiler and pressure vessel installation/reinstallation permit (excludes inspection)		$50.00
Nonnuclear shop inspections, field construction inspections, and special inspection services:
For each hour or part of an hour up to 8 hours	((33.40)) 34.30
For each hour or part of an hour in excess of 8 hours	((50.10)) 51.40
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	((50.10)) 51.40
For each hour or part of an hour in excess of 8 hours	((77.90)) 80.00
Nonnuclear triennial shop survey and audit:
When state is authorized inspection agency:
For each hour or part of an hour up to 8 hours	((33.40)) 34.30
For each hour or part of an hour in excess of 8 hours	((50.10)) 51.40
When insurance company is authorized inspection agency:
For each hour or part of an hour up to 8 hours	((50.10)) 51.40
For each hour or part of an hour in excess of 8 hours	((77.90)) 80.00

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 $((26.70)) 27.40. Washington state specials: For each vessel to be considered by the board for a Washington state special certificate, a fee of $((308.60)) 317.20 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, 70.79.150, 70.79.290, 70.79.330, 70.79.350, and chapter 70.79 RCW. 01-24-061, § 296-104-700, filed 11/30/01, effective 12/31/01; 01-12-034, § 296-104-700, filed 5/29/01, effective 6/29/01. 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.]

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