WSR 02-17-120

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES
(Board of Boiler Rules)

[ Filed August 21, 2002, 11:48 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-08-090.

     Title of Rule: Changes to the Board of Boiler Rules, substantive (chapter 296-104 WAC).

     Purpose: The purpose of these rules is to address actions and requests of the Board of Boiler Rules by:

•     Clarifying the rules so that they are easier to use and understand;

•     Proposing changes to the clearances requirements;

•     Establishing variances procedures;

•     Requesting that markings be conspicuously located and as close as possible to the boiler or unfired pressure vessel nameplate;

•     Changing the testing requirements and referencing the national board's "Rules for Commissioned Inspectors"; and

•     Making several other necessary changes identified by the Board of Boiler Rules.


New Section:


WAC 296-104-021 Administration -- What is the registration requirement for new standard boilers and unfired pressure vessels? Moved the requirement that manufacturers' data reports be registered with the National Board of Boiler and Pressure Vessel Inspectors from WAC 296-104-020.

Amended Sections:


WAC 296-104-010 Administration -- What are the definitions of terms used in this chapter? Changes were made to this section to:

•     Add references to "unfired" and "reinstallation" were added to clarify the definitions that relate to the permit and types of boilers covered under these rules;

•     Add a note to clarify that if the input on a "Hot water heater" exceeds 200,000 BTU/hr that other terms defined in this section applied;

•     Clarify the definition of "Certificate of competency" to reference "the National Board Examination for Commissioned Inspectors"; and

•     Remove unnecessary language in the definition of "Commission."


WAC 296-104-020 Administration -- What are the filing requirements for boilers and unfired pressure vessels before their installation/reinstallation? Made clarification changes to this section to add references to "unfired" and "reinstallation." Also, eliminated the provision that manufacturers' data reports be registered with the National Board of Boiler and Pressure Vessel Inspectors as this requirement was moved to the proposed new section WAC 296-104-021.

WAC 296-104-050 Administration -- What examinations must a boiler inspector take? Made changes to this section to:

•     Clarify the provisions relating to when and how many examinations were to be provided;

•     Replace the provisions relating to the examination requirements with a reference [to] the requirement that prospective national board commissioned inspector applicants shall meet the minimum requirements as set forth in the national board's "Rules for Commissioned Inspectors," NB263, Revision 8 (4/02); and

•     Clarified that the examination application forms are provided by the chief inspector.


WAC 296-104-060 Administration -- When shall inspectors' commissions be issued, suspended, or revoked? Made clarification changes to this section and decreased the fees to the nearest whole dollar amount. Also, replaced unnecessary language associated with suspending or revoking commissions with a reference to RCW 70.79.180.

WAC 296-104-125 Inspection -- What are the requirements for obtaining a certificate ((fees required)) of inspection? Made clarification changes to make this section of the rule easier to understand and use.

WAC 296-104-140 Inspection -- How should a state stamp be applied? Made changes to this section to:

•     Reference the definition of inspector defined in WAC 296-104-010;

•     Request that markings be conspicuously located and as close as possible to the boiler or unfired pressure vessel nameplate; and

•     Eliminate the provision that data sheets be made available at the time of the first inspection if not filed with the national board.


WAC 296-104-145 Inspection -- How are groups of vessels operating as a single unit classified? Made changes to this section to:

•     Change the requirement that vessels be given a letter designation to a serial number;

•     Request that markings be conspicuously located and as close as possible to the boiler or unfired pressure vessel nameplate; and

•     Add a reference to another section of the rules and clarify the rules so that they are easier to understand and use.


WAC 296-104-150 Inspection -- How are unfired steam boilers classified? A reference to WAC 296-104-010 was added to this section to refer to the definition of "Unfired steam boilers" in WAC 296-104-010.

WAC 296-104-151 Inspection -- What are the requirements for rental boilers? Added references and made clarification changes to this section so that it is easier to understand and use.

WAC 296-104-155 Inspection -- What preparations are necessary prior to internal inspections? Clarified that inspection of the boiler drums will occur at each annual inspection. Also, added another option (installing isolation blinds) to prevent leakage of steam or hot water.

WAC 296-104-170 Inspection -- When are shop inspections required? Added a reference to WAC 296-104-200 for determining applicable ASME codes.

WAC 296-104-200 Construction -- What are the standards for new construction? Specified that it is the 1988 edition of ASME CSD-1 code with addenda and moved the reference to this code to a separate subsection.

WAC 296-104-230 Construction -- What are the testing requirements for new boilers or unfired pressure vessels exempted from code requirements for volume, pressure or temperature? Corrected the title to include references to boilers and unfired pressure vessels.

WAC 296-104-260 Installation -- ((Clearance front, back and sides.)) What are the required clearances for boilers? Made changes to this section to clarify the title and to specify that clearances must be to the manufacturers' recommendation, but in no case may the clearance be less than eighteen inches. Clearances of less than eighteen inches may be reviewed on a case-by-case basis under the new variance procedures in WAC 296-104-270.

WAC 296-104-270 Installation -- ((What are the requirements for an explosion door)) How does an owner, user, or installer obtain a variance from clearances? Made changes to this section to establish variance procedures from the requirements found in WAC 296-104-255, 296-104-260, 296-104-273, and 296-104-320.


WAC 296-104-273
Installation -- ((Pressure vessel clearances.)) What are the required clearances for unfired pressure vessels? Made changes to this section to add references to "unfired" pressure vessels and to make the clearance requirements consistent with the changes in the proposed WAC 296-104-260.

WAC 296-104-502 Repairs -- What are the requirements for nonnuclear boilers and unfired pressure vessel repairs and alterations? Added a provision to specify that repairs and alterations to nonstandard boilers and pressure vessels, as addressed in WAC 296-104-215, must be authorized by the chief inspector.


WAC 296-104-700
What are the inspection fees -- Certificate fees -- Expenses? Clarified that boiler and pressure vessel installation/reinstallation permit fee excludes inspection and certificate of inspection fee. Also, removed the reference to a reinspection fee as these fees are charged based on the number of hours required to perform the reinspection.


     The following sections were renumbered to make the rules easier to follow, understand, and use:


Old WAC Number New WAC Number
296-104-256 296-104-273
296-104-260 296-104-256
296-104-265 296-104-300
296-104-270 296-104-305
296-104-273 296-104-260
296-104-300 296-104-307
296-104-305 296-104-310
296-104-307 296-104-316
296-104-310 296-104-320
296-104-320 296-104-265

Repealed Section:


WAC 296-104-240 Construction -- When are piping components considered unfired pressure vessels?
This section was eliminated as the provisions in this section already exist in WAC 296-104-200.

     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 these proposed rule changes do not impose any new costs on business.

     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 met.

     Hearing Location: Department of Labor and Industries, Tacoma Field Office, 950 Broadway, Suite 200, Tacoma, WA 98402-4453, on October 1, 2002, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Josh Swanson, by September 30, 2002, 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 October 1, 2002. Comments submitted by fax must be ten pages or less.

     Date of Intended Adoption: October 15, 2002.

August 21, 2002

Craig Hopkins, Chair

Board of Boiler Rules

OTS-5897.1


AMENDATORY SECTION(Amending WSR 01-24-061, filed 11/30/01, effective 12/31/01)

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

     Owner/user inspection agency's, Washington specials and rental boilers are exempt from "boiler and unfired pressure vessel installation permit."

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

"Condemned boiler or unfired pressure vessel" shall mean a boiler or unfired pressure vessel that has been inspected and declared unsafe or disqualified by legal requirements by an inspector who has applied a stamping or marking designating its condemnation.
"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 not exceed any of the following limits:
* Pressure of 160 psi (1100 kpa);
* Temperature of 210 degrees F (99°C);
* Capacity of 120 U.S. gallons (454 liters);
* Input of 200,000 BTU/hr (58.58 kw). Note that if input exceeds 200,000 BTU/hr (58.58 kw), other terms defined in this section may apply.
* Hot water heaters exceeding 200,000 BTU/hr (58.58 kw) must be ASME code stamped.
* Each vessel shall be protected with an approved temperature and pressure safety relief valve.
"Low pressure heating boiler" shall mean a steam or vapor boiler operating at a pressure not exceeding 15 psig or a boiler in which water or other fluid 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 including lined potable water heaters.
"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 be considered a boiler or unfired pressure vessel unless it meets all of the following criteria:
* Appliance used to heat water for swimming pools and spas.
* A flow switch shall be wired to shut off the heating source under a condition of low flow.
* There are no intervening stop valves on the inlet or outlet side of the unit. Any valves used for maintaining the appliance must be locked open during operation.
* Appliance is equipped with an ASME approved pressure relief device, with no intervening stop valves, set not to exceed the maximum allowable working pressure (MAWP) of the appliance.
* Unit is rated at less than 200,000 BTU/hr, and is operated at pressure and temperature no greater than 160 psig (1100 kpa) and 210°F (99°C), respectively.
* Heating source operation is wired in series with the circulating pump.
* Unit is built to the ASME code or approved by a nationally recognized testing laboratory.
"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 or other fluid 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 state board of boiler rules to a person who has passed ((an examination prescribed by the board of boiler rules)) the National Board Examination for Commissioned Inspectors.

     "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 amendments 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 ((state commission/))commission card issued to a person in the employ of the state, an insurance company or a company owner/user inspection agency holding a 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, 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.
     "Nationwide engineering standard" shall mean a nationally accepted design method, formulae and practice acceptable to the board.

     "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 and boarding homes.

     "Special design" shall mean a design using nationwide engineering standards other than the codes adopted in WAC 296-104-200 or other than allowed in WAC 296-104-230.

[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, § 296-104-010, filed 11/30/01, effective 12/31/01. Statutory Authority: RCW 70.79.030, 70.79.040 and chapter 70.79 RCW. 00-21-024, § 296-104-010, filed 10/10/00, effective 11/13/00. Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, § 296-104-010, filed 10/26/99, effective 11/26/99; 98-22-024, § 296-104-010, filed 10/28/98, effective 11/28/98; 96-21-081, § 296-104-010, filed 10/16/96, effective 11/16/96. Statutory Authority: RCW 70.79.040. 94-21-002, § 296-104-010, filed 10/5/94, effective 11/5/94; 93-12-014, § 296-104-010, filed 5/21/93, effective 6/21/93; 92-11-070, § 296-104-010, filed 5/20/92, effective 6/20/92. Statutory Authority: RCW 70.79.240. 88-01-064 (Order 87-25), § 296-104-010, filed 12/17/87. Statutory Authority: RCW 70.79.040 and 70.79.050. 86-01-088 (Order 85-26), § 296-104-010, filed 12/19/85; Order 72-11, § 296-104-010, filed 7/7/72; Part I, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 01-24-061, filed 11/30/01, effective 12/31/01)

WAC 296-104-020   Administration -- What are the filing requirements for boilers and unfired pressure vessels before their installation/reinstallation?   A "boiler and pressure vessel installation/reinstallation permit," as defined in WAC 296-104-010 shall be submitted by the owner or agent and approved by the chief inspector. ((Manufacturers' data reports on boilers and pressure vessels shall be registered with the National Board of Boiler and Pressure Vessel Inspectors.))

[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, § 296-104-020, filed 11/30/01, effective 12/31/01. Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, § 296-104-020, filed 10/26/99, effective 11/26/99; 95-19-058, § 296-104-020, filed 9/15/95, effective 10/16/95; Order 74-37, § 296-104-020, filed 11/8/74; Part II, § 1, filed 3/23/60.]


NEW SECTION
WAC 296-104-021   Administration -- What is the registration requirement for new standard boilers and unfired pressure vessels?   Manufacturers' data report for new "standard boilers and unfired pressure vessels" shall be registered with the National Board of Boiler and Pressure Vessel Inspectors.

[]


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

WAC 296-104-050   Administration -- What examinations must a boiler inspector take?   ((Examination for certificate of competency shall be held at locations selected by the board, four times each year, namely, the first Wednesday and following Thursday of the months of March, June, September and December. Special examinations may be held when considered necessary by the board.

     Applicants for examination shall have had at least three years practical experience in the construction, maintenance, repair or operation of high pressure boilers or unfired pressure vessels as a mechanical engineer, steam engineer or boiler maker, or shall have had at least three years experience as an inspector of high pressure boilers and/or unfired pressure vessels. A credit of two years of the required experience will be given to applicants holding an engineering degree from a recognized college of engineering.)) In order to qualify as a prospective National Board Commissioned Inspector an applicant shall meet the minimum requirements as set forth in the national board's "Rules for Commissioned Inspectors," NB263, Revision 8 (4/02).

     Application for examination for certificate of competency shall be in writing upon a form to be furnished by the ((director)) chief inspector stating the school and education of the applicant, a list of employers, period of employment and position held with each employer. Applications containing willful falsification or untruthful statements shall be rejected.

     If the applicant's history and experience meet with the approval of the board of boiler rules, the candidate shall be given ((a written examination. The test will deal with Washington state boilers and unfired pressure vessels law as well as the construction, installation, operation, maintenance and repair of boilers and/or unfired pressure vessels and their appurtenances)) the national board and Washington state examinations. If the applicant is accepted on the merits of ((this)) the national board examination, a certificate of competency will be issued by the chief inspector.

     Examinations shall be held at locations and times when considered necessary by the board of boiler rules. The examinations may be offered four times each year, namely, the first Wednesday and following Thursday of the months of March, June, September and December. Special examinations may be held when considered necessary by the board.

[Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, § 296-104-050, filed 10/26/99, effective 11/26/99. Statutory Authority: RCW 70.79.040. 94-21-002, § 296-104-050, filed 10/5/94, effective 11/5/94. Statutory Authority: Chapter 70.79 RCW. 89-15-025 (Order 89-05), § 296-104-050, filed 7/13/89, effective 8/13/89. Statutory Authority: RCW 70.79.030. 78-03-057 (Order 78-3), § 296-104-050, filed 2/22/78; Part II, § 7, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 02-12-021, filed 5/28/02, effective 6/28/02)

WAC 296-104-060   Administration--When shall inspectors' commissions be issued, suspended, or revoked?   The chief inspector shall issue a commission as a deputy or special inspector in accordance with RCW 70.79.120 and 70.79.130.

     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. The fee for the special inspector commission is (($25.60)) twenty-five dollars. 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 (($10.20)) ten dollars. ((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.)) An inspector's commission may be suspended or revoked in accordance with RCW 70.79.180.

[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. 02-12-021, § 296-104-060, filed 5/28/02, effective 6/28/02; 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.]


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

WAC 296-104-125   Inspection -- What are the requirements for obtaining a certificate ((fees required)) of inspection?   ((If upon inspection a boiler or unfired pressure vessel is found to be suitable for use and to conform to these rules and regulations)) Before a certificate of inspection as defined in RCW 70.79.290 is issued, a boiler or unfired pressure vessel must be inspected by an inspector and have all necessary permits. In addition, the owner or user shall pay ((certificate)) the fees ((as)) scheduled in WAC 296-104-700 directly to the chief inspector. The inspection process is not complete until the certificate of inspection is posted.

     If the owner or user of each boiler or unfired pressure vessel required to be inspected refuses to allow an inspection to be made, or refuses to pay the above fee, the certificate of inspection shall be suspended by the chief inspector until the owner or user complies with the requirements.

[Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, § 296-104-125, filed 10/26/99, effective 11/26/99; Part III, § 6, filed 3/23/60.]


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

WAC 296-104-140   Inspection -- How should a state stamp be applied?   Upon completion of the installation, all boilers and unfired pressure vessels shall be inspected by ((the chief inspector, a deputy inspector, or a special)) an inspector as defined in WAC 296-104-010. At the time of this inspection, each boiler or unfired pressure vessel shall be marked with a serial number of the state of Washington followed by the letter "W." The marking should be conspicuously located and as close as possible to the boiler or unfired pressure vessel nameplate.

     ((Data sheets shall be made available at the time of first inspection if not filed with the national board.))

     Washington special numbers when assigned by the chief inspector shall be preceded by the letters "WS."

     All rental boilers used in the state of Washington shall be marked with the serial number of the state of Washington followed by the letters "WR." This will indicate that the boiler is a rental unit.

     The state of Washington markings, numbers and letters, referenced above, shall not be less than 5/16 inches in height and shall not be concealed by lagging or paint and shall be exposed at all times.

[Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, § 296-104-140, filed 10/26/99, effective 11/26/99; 96-21-081, § 296-104-140, filed 10/16/96, effective 11/16/96; 95-19-058, § 296-104-140, filed 9/15/95, effective 10/16/95; Order 73-1, § 296-104-140, filed 3/22/73; Part III, § 9, filed 3/23/60.]


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

WAC 296-104-145   Inspection--How are groups of vessels operating as a single unit classified?   A group of unfired pressure vessels operating as a single unit such as the vessels in a refrigeration system, evaporators, ironers and paper machines ((may be given one number, designating the different vessels of the unit as a-b-c, etc. The inspector's report shall cover all pressure vessels in the system individually. One certificate shall be issued for the unit)) shall have an individual state serial number marked on each boiler or unfired pressure vessel. The marking should be conspicuously located and as close as possible to the boiler or unfired pressure vessel nameplate. The certificate ((charge)) of inspection fee shall be as outlined in ((RCW 70.79.290)) WAC 296-104-700, for each vessel of the system.

[Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, § 296-104-145, filed 10/26/99, effective 11/26/99; 95-19-058, § 296-104-145, filed 9/15/95, effective 10/16/95; Part III, § 10, filed 3/23/60.]


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

WAC 296-104-150   Inspection -- How are unfired steam boilers classified?   Unfired steam boilers as defined in WAC 296-104-010 operating at pressures of 50 psi or more shall be inspected as power boilers. Unfired steam boilers operating at less than 50 psi shall be inspected as unfired pressure vessels.

[Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, § 296-104-150, filed 10/26/99, effective 11/26/99; 95-19-058, § 296-104-150, filed 9/15/95, effective 10/16/95; Part III, § 11, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 01-24-061, filed 11/30/01, effective 12/31/01)

WAC 296-104-151   Inspection -- What are the requirements for rental boilers?   Every rental boiler used in the state of Washington will have an internal inspection ((completed)) as defined in WAC 296-104-010 witnessed by an inspector once a year. An ((operating)) external inspection ((under pressure)) as defined in WAC 296-104-010 shall be ((conducted)) witnessed by an inspector at each and every rental location before being placed into service. Rental boilers shall also meet the requirements of WAC 296-104-265.

     A rental boiler, which has never been in rental service in the state of Washington, shall meet the requirements of WAC 296-104-256. Each ((operating)) inspection will be reported to the state of Washington ((using the standard inspection form)) in accordance with WAC 296-104-040, and a copy of this report will be posted on the rental boiler.

     ((Inspections will be the responsibility of the rental boiler owner but may be completed by the user's special inspector.)) It is the responsibility of the rental boiler owner to arrange for all required inspections.

[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, § 296-104-151, filed 11/30/01, effective 12/31/01. Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, § 296-104-151, filed 10/26/99, effective 11/26/99; 96-21-081, § 296-104-151, filed 10/16/96, effective 11/16/96.]


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

WAC 296-104-155   Inspection -- What preparations are necessary prior to internal inspections?   The owner or user shall prepare a boiler for internal inspection in the following manner or as required by the inspector:

     (1) Water shall be drawn off and the boiler thoroughly washed.

     (2) All manhole and handhole plates and wash-out plugs and water column connections shall be removed, the furnace and combustion chambers thoroughly cooled and cleaned.

     (3) All grates of internally fired boilers shall be removed.

     (4) At each annual inspection brickwork shall be removed as required by the inspector in order to determine the condition of the boiler headers, drums, furnace, supports, or other parts.

     (5) The steam gauge shall be removed for testing or evidence of testing shown.

     (6) Any leakage of steam or hot water into the boiler shall be ((cut off by)) prevented by either disconnecting the pipe or block valve at the most convenient point or installing isolation blinds.

     (7) The low water cutout shall be disassembled to such a degree as the inspector shall require.

     Unfired pressure vessels shall be prepared for internal inspection to the extent deemed necessary by the inspector.

[Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, § 296-104-155, filed 10/26/99, effective 11/26/99; 95-19-058, § 296-104-155, filed 9/15/95, effective 10/16/95; Part III, § 12, filed 3/23/60.]


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

WAC 296-104-170   Inspection -- When are shop inspections required?   Shop inspections shall be as required in the ((applicable sections of the ASME Code)) standards of construction as adopted in WAC 296-104-200. Only inspectors holding a national board commission with the appropriate endorsements and a commission issued by the state of Washington shall make shop inspections in this state. Supervisors of inspectors who perform shop inspections in the state need only a National Board Commission with the appropriate endorsements.

     Upon request from a boiler or pressure vessel manufacturer holding an ASME Certificate of Authorization within the jurisdiction, the department shall provide inspection services as required by the ASME Code. The manufacturer receiving such inspection services shall reimburse the department for the time and expenses in accordance with the fee schedule established in WAC 296-104-700.

[Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, § 296-104-170, filed 10/26/99, effective 11/26/99; 96-21-081, § 296-104-170, filed 10/16/96, effective 11/16/96. Statutory Authority: RCW 70.79.040. 90-20-029, § 296-104-170, filed 9/24/90, effective 10/25/90. Statutory Authority: RCW 70.79.030. 78-03-057 (Order 78-3), § 296-104-170, filed 2/22/78; Part III, § 15, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 01-24-061, filed 11/30/01, effective 12/31/01)

WAC 296-104-200   Construction -- What are the standards for new construction?   The standards for new construction are:

     (1) ASME Boiler and Pressure Vessel Code, 2001 edition, with addenda Sections I, III, IV, VIII, X((, and CSD-1 (as referenced in WAC 296-104-265(3))));

     (2) ASME/ANSI PVHO-1 (Standard for Pressure Vessels for Human Occupancy), 1997 edition; and

     (3) ASME CSD-1 1998 edition with addenda (as referenced in WAC 296-104-265(3)); and

     (4) Standards of construction approved by the chief inspector and meeting the National Board Criteria for Registration of Boilers, Pressure Vessels and Other Pressure Retaining Items.

     These codes and standards may be used on or after the date of issue and become mandatory twelve months after adoption by the board as specified in RCW 70.79.050(2). The board recognizes that the ASME Code states that new editions of the code become mandatory on issue and that subsequent addenda become mandatory six months after the date of issue. For nuclear systems, components and parts the time period for addenda becoming mandatory is defined in the Code of Federal Regulations.

[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, § 296-104-200, filed 11/30/01, effective 12/31/01. Statutory Authority: RCW 70.79.030, 70.79.040 and chapter 70.79 RCW. 00-21-024, § 296-104-200, filed 10/10/00, effective 11/13/00. Statutory Authority: RCW 70.79.030 and 70.79.040. 98-22-024, § 296-104-200, filed 10/28/98, effective 11/28/98; 97-20-109, § 296-104-200, filed 9/30/97, effective 10/31/97; 96-21-081, § 296-104-200, filed 10/16/96, effective 11/16/96. Statutory Authority: RCW 70.79.040. 93-12-014, § 296-104-200, filed 5/21/93, effective 6/21/93; 92-11-070, § 296-104-200, filed 5/20/92, effective 6/20/92; 91-11-107, § 296-104-200, filed 5/22/91, effective 6/22/91; 90-04-009, § 296-104-200, filed 1/26/90, effective 2/26/90. Statutory Authority: RCW 70.79.040 and 70.79.050. 86-01-088 (Order 85-26), § 296-104-200, filed 12/19/85. Statutory Authority: RCW 70.79.030 and 70.79.330. 84-11-016 (Order 84-09), § 296-104-200, filed 5/10/84; 82-24-025 (Order 82-36), § 296-104-200, filed 11/23/82, effective 1/1/83. Statutory Authority: RCW 70.79.030. 82-05-003 (Order 82-2), § 296-104-200, filed 2/4/82; 81-12-012 (Order 81-10), § 296-104-200, filed 5/28/81; 81-01-114 (Order 80-28), § 296-104-200, filed 12/24/80; 80-05-065 (Order 80-7), § 296-104-200, filed 4/23/80; 79-05-054 (Order 79-7), § 296-104-200, filed 4/30/79; 78-10-096 (Order 78-19), § 296-104-200, filed 10/3/78; Order 77-23, § 296-104-200, filed 11/8/77; Order 77-9, § 296-104-200, filed 5/26/77; Order 75-35, § 296-104-200, filed 10/29/75; Order 74-37, § 296-104-200, filed 11/8/74; Order 73-1, § 296-104-200, filed 3/22/73; Order 72-17, § 296-104-200, filed 9/28/72; Order 72-11, § 296-104-200, filed 7/7/72; Part IV, § 1, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 00-21-024, filed 10/10/00, effective 11/13/00)

WAC 296-104-230   Construction -- What are the testing requirements for new boilers or unfired pressure vessels exempted from code requirements for volume, pressure or temperature?   Boilers or unfired pressure vessels that are not required by the codes adopted in WAC 296-104-200 to be built to those codes (except those exempted in the RCWs), shall be tested as follows:

     One boiler or unfired pressure vessel of each design and size taken from the manufacturer's stock at random, shall be subjected to a hydrostatic test of twice the rated maximum allowable working pressure in the presence of an inspector holding a national board commission. The boiler or unfired pressure vessel shall withstand the hydrostatic pressure test without leaks and without exceeding 80% of the boiler or unfired pressure vessel material's yield strength. Samples shall be taken from the longitudinal seam and tests made as outlined in Section IX ASME Code for root and face bends and reduced tensile coupons. Upon successfully passing the above tests, the maximum allowable working pressure will be allowed for all boilers or unfired pressure vessels constructed to identical specifications. The company name, serial number, maximum allowable working pressure, and energy input (if applicable) shall be stamped or marked in a permanent manner on each boiler or unfired pressure vessel. A retest shall be made at the inspector's discretion or by the request of the chief inspector. Any unfired pressure vessels containing water and an air cushion designed for less than 300 psi and 210 degree F, in use prior to January 1, 1997, may be accepted by hydrostatically testing them to twice their maximum allowable working pressure.

[Statutory Authority: RCW 70.79.030, 70.79.040 and chapter 70.79 RCW. 00-21-024, § 296-104-230, filed 10/10/00, effective 11/13/00. Statutory Authority: RCW 70.79.030 and 70.79.040. 96-21-081, § 296-104-230, filed 10/16/96, effective 11/16/96; Order 74-37, § 296-104-230, filed 11/8/74; Part IV, § 7, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 96-21-081, filed 10/16/96, effective 11/16/96)

WAC 296-104-260   Installation -- ((Clearance front, back and sides.)) What are the required clearances for boilers?   When boilers are replaced or new boilers installed in either existing or new buildings, minimum clearance shall be provided as specified below:

     (1) Minimum clearance at sides and back wall shall be ((one and one-half feet or at the discretion of the inspector the manufacturers recommended clearances may be used if they allow sufficient room for inspection)) the manufacturers' recommendations, but in no case less than eighteen inches. Boilers having manholes shall have five feet clearance from the manhole opening and any wall, ceiling, or piping that will prevent a person from entering the boiler.

     (2) Clearance in front and back shall be sufficient for operation, maintenance, and repair.

[Statutory Authority: RCW 70.79.030 and 70.79.040. 96-21-081, § 296-104-260, filed 10/16/96, effective 11/16/96. Statutory Authority: Chapter 70.79 RCW. 89-15-025 (Order 89-05), § 296-104-260, filed 7/13/89, effective 8/13/89; Part IV, § 13, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 97-20-109, filed 9/30/97, effective 10/31/97)

WAC 296-104-270   Installation -- ((What are the requirements for an explosion door)) How does an owner, user, or installer obtain a variance from clearances?   ((Provide substantial deflectors to divert the blast when explosion doors are located within seven feet of the firing floor or an operating platform.)) Variances from WAC 296-104-255, 296-104-260, 296-104-273, and 296-104-320 may be requested. The variance request shall be in writing on an appropriate form approved by the chief inspector, and shall specify how equivalent safety is to be maintained. The chief inspector may grant the variance provided that safety and accessibility for inspections are acceptable.

[Statutory Authority: RCW 70.79.030 and 70.79.040. 97-20-109, § 296-104-270, filed 9/30/97, effective 10/31/97; Part IV, § 15, filed 3/23/60.]


AMENDATORY SECTION(Amending WSR 96-21-081, filed 10/16/96, effective 11/16/96)

WAC 296-104-273   Installation -- ((Pressure vessel clearances.)) What are the required clearances for unfired pressure vessels?   When unfired pressure vessels are replaced or new vessels are installed in either existing or new buildings, ((a minimum height of)) manufacturers' recommendations shall be used, but in no case less than eighteen inches shall be provided between the top of the unfired pressure vessel ((proper)) and the ceiling and adjacent walls or other structures. All unfired pressure vessels having manholes shall have five feet clearance from manhole openings and any wall, ceiling, or piping that will prevent a person from entering the unfired pressure vessel. ((Lesser clearances may be acceptable at the discretion of the inspector.))

[Statutory Authority: RCW 70.79.030 and 70.79.040. 96-21-081, § 296-104-273, filed 10/16/96, effective 11/16/96.]


AMENDATORY SECTION(Amending WSR 01-24-061, filed 11/30/01, effective 12/31/01)

WAC 296-104-502   Repairs -- What are the requirements for nonnuclear boilers and unfired pressure vessel repairs and alterations?   Repairs and alterations to nonnuclear boilers and pressure vessels shall be made in accordance with the rules of the National Board Inspection Code (NBIC) as adopted in WAC 296-104-102. Additionally, repairs and alterations to nonstandard boilers and pressure vessels, as addressed in WAC 296-104-215, must be authorized by the chief inspector.

     Repairs/alterations may be made by:

     (1) An organization authorized by the jurisdiction and in possession of a valid Certificate of Authorization for use of the "R" symbol stamp, issued by the National Board provided such repairs/alterations are within the scope of the authorization.

     (2) An organization authorized by the chief inspector and in possession of a valid ASME Certificate of Authorization provided such repairs/alterations are within the scope of the organization's Quality Control System. The chief inspector may limit or restrict repairs/alterations for cause.

     Owner/user special inspectors may only accept repairs/alterations to boilers and unfired pressure vessels operated by their respective companies per RCW 70.79.130.

     Documentation of repairs and alterations, in accordance with the requirements of the National Board Inspection Code (NBIC) as adopted in WAC 296-104-102, shall be submitted to the department.

[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, § 296-104-502, filed 11/30/01, effective 12/31/01. Statutory Authority: RCW 70.79.030, 70.79.040 and chapter 70.79 RCW. 00-21-024, § 296-104-502, filed 10/10/00, effective 11/13/00. Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, § 296-104-502, filed 10/26/99, effective 11/26/99; 98-22-024, § 296-104-502, filed 10/28/98, effective 11/28/98. Statutory Authority: RCW 70.79.040. 94-21-002, § 296-104-502, filed 10/5/94, effective 11/5/94.]


AMENDATORY SECTION(Amending WSR 02-12-021, filed 5/28/02, effective 6/28/02)

WAC 296-104-700   What are the 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 28.50 22.80
     All other boilers less than 500 sq. ft. 34.30 22.80
500 sq. ft. to 2500 sq. ft. 57.20 28.50
Each additional 2500 sq. ft.

     of total heating surface,

     or any portion thereof

22.80

11.40

Power boilers:

Internal

External

     Less than 100 sq. ft. 28.50 22.80
          100 sq. ft. to less than

          500 sq. ft.

34.30 22.80
     500 sq. ft. to 2500 sq. ft. 57.20 28.50
     Each additional 2500 sq. ft. of total heating surface, or any portion thereof 22.80 11.40
Pressure vessels:
     Automatic utility hot water supply heaters per RCW 70.79.090     

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. 22.80 17.10
          15 sq. ft. to less than 50 sq. ft. 34.30 17.10
          50 sq. ft. to 100 sq. ft. 39.90 22.80
          For each additional 100 sq. ft. or any portion thereof 39.90 11.40

Certificate of inspection fees: For objects inspected, the certificate of inspection fee is $ 17.10 per object.
Boiler and pressure vessel installation/reinstallation permit (excludes inspection and certificate of inspection fee) $50.00

Nonnuclear shop inspections, field construction inspections, and special inspection services:

          For each hour or part of an hour up to 8 hours

34.30

          For each hour or part of an hour in excess of 8 hours

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

51.40

          For each hour or part of an hour in excess of 8 hours

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

34.30

          For each hour or part of an hour in excess of 8 hours

51.40

     When insurance company is authorized inspection agency:
          For each hour or part of an hour up to 8 hours

51.40

          For each hour or part of an hour in excess of 8 hours

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 $27.40.)) Washington state specials: For each vessel to be considered by the board for a Washington state special certificate, a fee of $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. 02-12-021, § 296-104-700, filed 5/28/02, effective 6/28/02; 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.]


NEW SECTION


     The following sections of the Washington Administrative Code are recodified as follows:
Old WAC Number New WAC Number
296-104-256 296-104-273
296-104-260 296-104-256
296-104-265 296-104-300
296-104-270 296-104-305
296-104-273 296-104-260
296-104-300 296-104-307
296-104-305 296-104-310
296-104-307 296-104-316
296-104-310 296-104-320
296-104-320 296-104-265

REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 296-104-240 Construction -- When are piping components considered unfired pressure vessels?

© Washington State Code Reviser's Office