WSR 07-08-090

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES
(Board of Boiler Rules)

[ Filed April 3, 2007, 9:17 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-03-160.

Title of Rule and Other Identifying Information: Board of boiler rules -- Substantive (chapter 296-104 WAC).

Hearing Location(s): Department of Labor and Industries, 950 Broadway, Suite 200, Tacoma, WA, on May 9, 2007, at 10:00 a.m.

Date of Intended Adoption: May 22, 2007.

Submit Written Comments to: Sally Elliott, Department of Labor and Industries, P.O. Box 44400, Olympia, WA 98504-4400, e-mail yous235@lni.wa.gov, fax (360) 902-5292, by 5:00 p.m. on May 9, 2007.

Assistance for Persons with Disabilities: Contact Sally Elliott by April 15, 2007, yous235@lni.wa.gov or (360) 902-6411.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The board of boiler rules is proposing a 3.38% (rounded down to the nearest tenth of a dollar) general fee increase. The 3.38% rate is the office of financial management's maximum allowable fiscal growth rate factor for fiscal year 2007. The general fee increase is necessary to help offset inflation and to maintain the financial health and operational effectiveness of the program. The board also recommended making clarifying changes to how rules are interpreted and revised.

Reasons Supporting Proposal: See purpose statement above.

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.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Board of boiler rules, governmental.

Name of Agency Personnel Responsible for Drafting: Board of Boiler Rules, Tumwater, Washington, (360) 902-5270; Implementation and Enforcement: Linda Williamson, Tumwater, Washington, (360) 902-5270.

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 or contractor and/or they are exempted by law (see RCW 19.85.025 referencing RCW 34.05.310(4)) from the small business economic impact requirements. The fees are exempt from the small business economic impact statement under RCW 34.05.328 (5)(b)(vi).

A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis was not prepared because the costs associated with the proposed changes are exempted by law since the proposed changes are updating the rule for clarification (see RCW 19.85.025 referencing RCW 34.05.310(4) and 34.05.328 (5)(b)(vi)).

April 3, 2007

Craig Hopkins, Chair

Board of Boiler Rules

OTS-9654.2


AMENDATORY SECTION(Amending WSR 05-22-092, filed 11/1/05, effective 1/1/06)

WAC 296-104-018   Administration -- How are rules interpreted and revised?   Stakeholders may request clarifications and interpretations of these rules by contacting the chief inspector. Interpretations will be brought to the board if the inquirer is aggrieved by the interpretation of the chief inspector (RCW 70.79.360). The board will consider written requests for interpretations and revisions to these definitions, rules, and regulations. Inquiries shall be limited to requests for interpretation of the rules or to proposed revisions to the existing rules and shall be submitted to the department of labor and industries forty-five days prior to the board of boiler rules meeting date. The requests shall be in writing upon the form furnished by the chief inspector located on the boiler program web site. Requests not using the form must be in the following format:

(1) Scope. Identify a single rule or closely related rules that are in dispute.

(2) Background. State the purpose of the inquiry, which should be either to obtain an interpretation or to propose a revision to existing rules. Provide concise information needed for the board's understanding of the inquiry, including references to the WAC section as well as other code and/or standards paragraphs.

(3) Inquiry structure. Provide statements in a condensed and precise question format and, where appropriate, compose in such a way that "yes" or "no" (perhaps with provisos) would be an acceptable reply.

(4) Proposed reply. State what it is believed the rule requires. If in the inquirer's opinion a revision to the definitions, rules, and regulations is needed, recommended wording should be provided.

Inquiries shall be submitted by mail to:

Board of Boiler Rules

% Chief Inspector

Department of Labor & Industries

Boiler Section

P.O. Box 44410

Olympia, WA 98504-4410


or


Inquiries shall be submitted by delivery to:

Board of Boiler Rules

% Chief Inspector

Department of Labor & Industries

Boiler Section

7273 Linderson Way SW

Tumwater, WA 98501


or


Inquiries shall be submitted electronically to:

Board of Boiler Rules

% Chief Inspector

BoilerBoardInquires@lni.wa.gov

[Statutory Authority: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, and 70.79.350. 05-22-092, 296-104-018, filed 11/1/05, effective 1/1/06. Statutory Authority: RCW 70.79.030 and 70.79.040. 99-22-026, 296-104-018, filed 10/26/99, effective 11/26/99. Statutory Authority: RCW 70.79.040. 92-11-070, 296-104-018, filed 5/20/92, effective 6/20/92.]


AMENDATORY SECTION(Amending WSR 06-12-032, filed 5/31/06, effective 7/1/06)

WAC 296-104-700   What are the inspection fees -- Examination 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 $((32.00)) 33.00 $((25.60)) 25.80
All other boilers less than 500 sq. ft. $((38.60)) 39.60 $((25.60)) 25.80
500 sq. ft. to 2500 sq. ft. $((63.70)) 65.80 $((32.00)) 33.00
Each additional 2500 sq. ft.

of total heating surface,

or any portion thereof

$((25.60)) 25.80 $((12.60)) 13.00
Power boilers: Internal External
Less than 100 sq. ft. $((32.00)) 33.00 $((25.60)) 25.80
100 sq. ft. to less than

500 sq. ft.

$((38.60)) 39.90 $((25.60)) 25.80
500 sq. ft. to 2500 sq. ft. $((63.70)) 65.80 $((32.00)) 33.00
Each additional 2500 sq. ft. of total heating surface, or any portion thereof $((25.60)) 25.80 $((12.60)) 13.00
Pressure vessels:
Automatic utility hot water supply heaters per RCW 70.79.090 $((6.00))

6.20

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. $((25.60)) 25.80 $((19.10)) 19.70
15 sq. ft. to less than 50 sq. ft. $((38.00)) 39.20 $((19.10 )) 19.70
50 sq. ft. to 100 sq. ft. $((44.20)) 45.60 $((25.60)) 25.80
For each additional 100 sq. ft. or any portion thereof $((44.20)) 45.60 $((12.60)) 13.00

Certificate of inspection fees: For objects inspected, the certificate of inspection fee is $((19.10)) 19.70 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
$((38.60))

39.90

For each hour or part of an hour in excess of 8 hours $((57.70))

59.60


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 $((57.70))

59.60

For each hour or part of an hour in excess of 8 hours $((90.10))

93.10


Nonnuclear triennial shop survey and audit:

When state is authorized inspection agency:
For each hour or part of an hour up to 8 hours $((38.60))

39.90

For each hour or part of an hour in excess of 8 hours $((57.70))

59.60

When insurance company is authorized inspection agency:
For each hour or part of an hour up to 8 hours $((57.70))

59.60

For each hour or part of an hour in excess of 8 hours $((90.10))

93.10


Examination fee: A fee of $((71.30)) 73.70 will be charged for each applicant sitting for an inspection examination(s).


Special inspector commission: An initial fee of $25 and an annual renewal fee of $10 along with an annual work card fee of $15.


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.


Requests for Washington state specials and extensions of inspection frequency: For each vessel to be considered by the board ((for a Washington state special certificate)), a fee of $((358.00)) 370.10 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, and 70.79.350. 06-12-032, 296-104-700, filed 5/31/06, effective 7/1/06; 05-12-028, 296-104-700, filed 5/24/05, effective 6/30/05. Statutory Authority: Chapter 70.79 RCW. 04-21-069, 296-104-700, filed 10/19/04, effective 1/1/05; 04-13-044, 296-104-700, filed 6/10/04, effective 6/30/04. 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. 04-01-194, 296-104-700, filed 12/24/03, effective 1/24/04; 03-12-051, 296-104-700, filed 5/30/03, effective 6/30/03; 02-23-036, 296-104-700, filed 11/13/02, effective 12/14/02; 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.]

Washington State Code Reviser's Office