WSR 17-20-078

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

(Board of Boiler Rules)

[Filed October 3, 2017, 11:14 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 17-16-134.

Title of Rule and Other Identifying Information: Amendments to the boiler rules, chapter 296-104 WAC, Board of boiler rules—Substantive.

Hearing Location(s): On November 15, 2017, at 10:00 a.m., at the Department of Labor and Industries (L&I), 950 Broadway, Suite 200, Tacoma, WA 98402-4453. For directions to the L&I office http://www.lni.wa.gov/Main/ContactInfo/OfficeLocations/tacoma.asp.

Date of Intended Adoption: December 19, 2017.

Submit Written Comments to: Alicia Curry, P.O. Box 44400, Olympia, WA 98504-4400, email Alicia.Curry@Lni.wa.gov, fax 360-902-5292, by 5 p.m. on November 15, 2017.

Assistance for Persons with Disabilities: Contact Alicia Curry, phone 360-902-6244, fax 360-902-5292, email Alicia.Curry@Lni.wa.gov, by November 1, 2017.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The board of boiler rules and L&I's boiler program is proposing amendments to sections in chapter 296-104 WAC, Board of boiler rules—Substantive, to update and clarify the rules and make technical changes. The boiler rules are reviewed on a regular basis to ensure the rules are consistent with national boiler and unfired pressure vessel safety standards and industry practice, for rule clarity, housekeeping, etc. Proposed amendments to this chapter will:

•	Modify the installation/reinstallation permit requirements. For example:

º	Make the "installer" of a boiler and pressure vessel responsible for permit requirements, permit fees, and civil penalties;
º	Eliminate the permit exemption for owner/user inspection agencies and Washington state specials to require permits, permit fees and civil penalties;
º	Create a new definition for "installer" to clarify the entity or individual responsible for permit requirements; and
º	Establish notification requirements for filing permits and emergency installations.

•	Modify the definitions to adopt procedures for removing condemned vessels permanently from service;
•	Modify the rules for in-service inspection and nonnuclear repairs and alterations of boilers and unfired pressure vessels to automatically adopt the current edition of the National Board Inspection Code (NBIC);
•	Create new definitions to define the usage status of a vessel, such as active, inactive, out-of-service, and scrapped; and
•	Modify the board of boiler rules meeting schedule to quarterly, as opposed to February, May, September, and November of each year.

Reasons Supporting Proposal: This rule making is needed to update and clarify the rules, and ensure the rules are consistent with national safety standards and industry practice for the proper construction, installation, inspection, operation, maintenance, alterations, and repairs of boilers and unfired pressure vessels to protect public safety.

For more information on this rule making, visit the L&I web site at http://www.lni.wa.gov/TradesLicensing/Boilers/LawRules/ or interested parties can sign up for email updates at http://www.lni.wa.gov/Main/Listservs/Boilers.

Statutory Authority for Adoption: Chapter 70.79 RCW, Boilers and unfired pressure vessels.

Statute Being Implemented: Chapter 70.79 RCW, Boilers and unfired pressure vessels.

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: None.

Name of Proponent: L&I, governmental.

Name of Agency Personnel Responsible for Drafting: Tony Oda, Program Manager, Tumwater, Washington, 360-902-5270; Implementation and Enforcement: José Rodriguez, Assistant Director, Tumwater, Washington, 360-902-6348.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Alicia Curry, P.O. Box 44400, Olympia, WA 98504-4400, phone 360-902-6244, fax 360-902-5292, email Alicia.Curry@Lni.wa.gov.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule; and rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.

The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. An analysis was done on the portions of the rule not exempt as listed above. The following portions of the proposed rules did not impose any additional costs of compliance:

•	Costs associated with the transfer of the requirements for obtaining and paying for an installation permit from the owners to the boilers and pressure vessels installers as installers are expected to charge the permit fee to the owners, resulting in no new compliance costs.
•	Amendments related to civil penalties assessed for noncompliance with the rule requirements do not themselves impose new requirements or costs of compliance.

For the portions of the proposed rule determined to have costs based on the probable cost estimate from the cost-benefit analysis have a total cost of $32,670 to $60,534 on boiler installers (registered contractors and plumbers), owners, users, and operators of boilers and pressure vessels, insurance companies, local jurisdictions, owner/user inspection agencies, and inspectors. The boiler program oversees one hundred fifteen thousand three hundred fifty boilers and pressure vessels in twenty-two thousand five hundred different locations (owners and users) with approximately $1,205,470,073 average annual payroll in 2016 (Employment Security Department, 2016 annual report for industries by NAICS codes). Therefore, the proposed rule will impose an average cost of $1.45 to $2.69 per business; which represents a range of 0.003 percent to 0.01 percent of the average annual payroll of affected businesses combined.

October 3, 2017

Terry Chapin, Chair

Board of Boiler Rules

AMENDATORY SECTION (Amending WSR 15-14-100, filed 6/30/15, effective 9/1/15)

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

"Accident" shall mean a failure of the boiler or unfired pressure vessel resulting in personal injury or property loss or an event which renders a boiler or unfired pressure vessel unsafe to return to operation.

"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 automatic 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 within the jurisdiction of Washington.

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

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


•	"Boiler/unfired pressure vessel status" shall mean:
*	Active - Boilers or pressure vessels that are currently in service.
*	Inactive - Boilers or pressure vessels still located at the facility but are physically disconnected from the energy input and system.
*	Out-of-service - Boilers or pressure vessels that are no longer at the facility.
*	Scrapped - Boilers or pressure vessels that have been condemned as defined below.
•	"Condemned boiler or unfired pressure vessel" shall mean a boiler or unfired pressure vessel that has been inspected and declared unsafe or disqualified for further use by legal requirements ((and appropriately marked by an inspector)). The following procedure shall be utilized:
(a)	The inspector will issue and follow the department's "red tag" procedure.
(b)	The object will be immediately removed from service.
(c)	The existing national board and state number shall be obliterated by the inspector.
(d)	The ASME nameplate and/or stamping shall be physically removed by the owner/user and verified by the inspector.
(e)	If required by the inspector, a portion of the pressure vessel shall be physically removed by the owner/user. This action will render the object incapable of holding pressure.
(f)	The inspector shall document this procedure on the boiler/pressure vessel inspection report and change the object status to "scrapped."
•	"Corrosion" shall mean the destruction or deterioration of a material, that results from a reaction with its environment.
•	"Expansion tank" shall mean a tank used to absorb excess water pressure. Expansion tanks installed in closed water heating systems and hot water supply systems shall meet the requirements of ASME Section IV, HG-709.
•	"Historical boilers and unfired pressure vessel" shall mean nonstandard boilers and pressure vessels including steam tractors, traction engines, hobby steam boilers, portable steam boilers, and other such boilers or pressure vessels that are preserved, restored, and maintained only for demonstration, viewing, or educational purposes. They do not include miniature hobby boilers as described in RCW 70.79.070.
•	"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 be protected with an approved temperature and pressure safety relief valve and shall not exceed any of the following limits:
*	Pressure of 160 psi (1100 kpa);
*	Temperature of 210 degrees F (99°C).
	Additional requirements:
*	Hot water heaters exceeding 120 gallons (454 liters) must be ASME code stamped;
*	Hot water heaters exceeding 200,000 Btu/hr (58.58 kW) input must be ASME code stamped.
•	"Indirect water heater" shall mean a closed vessel appliance used to heat water for use external to itself, which includes a heat exchanger used to transfer heat to water from an external source. The requirements and limits described above shall apply.
•	"Installer" shall mean any entity or individual who physically or mechanically installs a boiler, pressure vessel or water heater that meets the in-service inspection requirements of this chapter. The installer is defined as a registered contractor, owner, user or designee.
•	"Low pressure boiler" shall mean a steam boiler operating at a pressure not exceeding 15 psig or a boiler in which water 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. Low pressure boilers open to atmosphere and vacuum boilers are excluded.
•	"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 mean a gas, oil, or electric appliance that is used to heat water contained in swimming pools, spas, and hot tubs.
(a)	Pool heaters with energy input equivalent to 399,999 Btu/hr (117.2 kW) or less shall be manufactured and certified to ANSI Z21.56, UL1261, CSA 4.7 or equivalent manufacturing standards, as approved by the chief inspector, and are excluded from the limit and control devices requirements of WAC 296-104-300 through 296-104-303.
(b)	Pool heaters with energy input of 400,000 Btu/hr and above shall be stamped with an ASME Section IV Code symbol, and the requirements of WAC 296-104-300 through 296-104-303 shall apply.
(c)	Pool heaters open to the atmosphere are excluded.
•	"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 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 Washington state board of boiler rules to a person who has passed the tests as set forth in WAC 296-104-050.

"Certificate of inspection" shall mean a certificate issued by the chief boiler inspector to the owner/user of a boiler or unfired pressure vessel upon inspection by an inspector. The boiler or unfired pressure vessel must comply with rules, regulations, and appropriate fee payment shall be made directly to the chief boiler inspector.

"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 addenda 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 commission card issued to a person in the employ of Washington state, an insurance company or a company owner/user inspection agency holding a Washington state 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 certificate" see "certificate of inspection."

"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.

"Jacketed steam kettle" shall mean a pressure vessel with inner and outer walls that is subject to steam pressure and is used to boil or heat liquids or to cook food. Jacketed steam kettles with a total volume greater than or equal to one and one-half cubic feet (11.25 gallons) shall be ASME code stamped.

(a) "Unfired jacketed steam kettle" is one where the steam within the jacket's walls is generated external to itself, such as from a boiler or other steam source.

(b) "Direct fired jacketed steam kettle" is a jacketed steam kettle having its own source of energy, such as gas or electricity for generating steam within the jacket's walls.

"Nationwide engineering standard" shall mean a nationally accepted design method, formulae and practice acceptable to the board.

"Operating permit" see "certificate of inspection."

"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 homes and assisted living facilities.

"Special design" shall mean a design using nationally or internationally recognized engineering standards other than the codes adopted in WAC 296-104-200.

AMENDATORY SECTION (Amending WSR 09-12-033, filed 5/27/09, effective 6/30/09)

WAC 296-104-015 Administration—When and where are the board meetings held?

The board of boiler rules shall hold its regular meetings ((in February, May, September and November of each year)) quarterly. The time, place, and date of each regular meeting shall be set by the department, approved by the board chair and published annually. Special meetings may be called by the chair.

AMENDATORY SECTION (Amending WSR 09-12-033, filed 5/27/09, effective 6/30/09)

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 designee on a form approved by the chief inspector.)) (1) "Boiler/pressure vessel, water heater installation or reinstallation permit" shall mean a permit approved by the chief inspector and submitted by the installer prior to starting installation or reinstallation of any boiler/pressure vessel or water heater within the jurisdiction of Washington.

(2) The "installer" is any entity or person who physically or mechanically installs a boiler, pressure vessel or water heater that meets the in-service inspection requirements of this chapter. The installer is responsible for the installation/reinstallation permit fee per WAC 296-104-700.

(3) The following pressure retaining items, as defined in WAC 296-104-010, require a boiler/pressure vessel and water heater installation or reinstallation permit:

• Expansion tanks;

• Historical boilers and unfired pressure vessels;

• Hot water heaters;

• Indirect water heaters;

• Jacketed steam kettles;

• Low pressure boilers;

• Nonstandard boilers and unfired pressure vessels;

• Pool heaters;

• Power boilers;

• Reinstalled boilers and unfired pressure vessels;

• Secondhand boilers and unfired pressure vessels;

• Standard boilers and unfired pressure vessels;

• Unfired pressure vessels;

• Unfired steam boilers.

(4) The installer shall notify the chief inspector utilizing the permit form to request a permit inspection not less than ten working days prior to placing equipment in operation. Equipment shall not be operated other than for testing, prior to an inspection being conducted which finds the boiler or pressure vessel to be in compliance with this chapter.

(5) If an emergency installation (due to leakage, failure, etc.) situation occurs, the installer will notify the chief inspector within forty-eight hours after installation, utilizing the permit form to request an immediate inspection of the installation.

(6) The installer may be subject to civil penalties per WAC 296-104-701 for failure to comply with the filing requirements of the installation permit.

AMENDATORY SECTION (Amending WSR 15-14-100, filed 6/30/15, effective 9/1/15)

WAC 296-104-102 Inspection—What are the standards for in-service inspection?

Where a conflict exists between the requirements of the standards listed below and this chapter, this chapter shall prevail. The duties of the in-service inspector do not include the installation's compliance with other standards and requirements (environmental, construction, electrical, undefined industrial standards, etc.), for which other regulatory agencies have authority and responsibility to oversee.

(1) The standard for inspection of nonnuclear boilers, unfired pressure vessels, and safety devices in the National Board Inspection Code (NBIC), current edition Part 2, excluding Section 6, Supplements 1, ((2,)) 5, 6, and 7 which may be used as nonmandatory guidelines.

(2) The standard for inspection of historical steam boilers of riveted construction preserved, restored, or maintained for hobby or demonstration use, shall be ((Appendix "C")) Part 2, Section 6, Supplement 2 of the National Board Inspection Code (NBIC) ((2004)) current edition ((with 2006 addenda)).

(3) The standard for inspection of nuclear items is ASME section XI. The applicable ASME Code edition and addenda shall be as specified in the owner in-service inspection program plan.

(4) Where a petroleum or chemical process industry owner/user inspection agency so chooses, the standard for inspection of unfired pressure vessels used by the owner shall be the API-510 Pressure Vessel Inspection Code, current edition. This code may be used on or after the date of issue.

(5) TAPPI TIP 0402-16, revised 2011 may be used for both pulp dryers and paper machine dryers when requested by the owner. When requested by the owner, this document becomes a requirement and not a guideline.

AMENDATORY SECTION (Amending WSR 14-13-087, filed 6/17/14, effective 8/1/14)

WAC 296-104-502 Repairs—What is the standard for nonnuclear repairs and alterations?

The standard for repairs/alterations is:

(1) National Board Inspection Code (NBIC), ((2013)) current edition Part 3, excluding Section 6, Supplements 1, ((2,)) 5, 6, and 10 which may be used as nonmandatory guidelines.

(2) The standard for repair of historical boilers or riveted construction preserved, restored, or maintained for hobby or demonstration use, shall be ((Appendix C)) Part 3, Section 6, Supplement 2 of the National Board Inspection Code (NBIC) ((2004)) current edition ((with 2006 addenda)).

AMENDATORY SECTION (Amending WSR 17-13-105, filed 6/20/17, effective 7/31/17)

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.

The boiler and pressure vessel installation/reinstallation permit (((excludes inspection and certificate of inspection fee):)) fee of $54.00 shall be paid by the installer, as defined in WAC 296-104-010.

Certificate of inspection fees: For objects inspected, the certificate of inspection fee per object is $23.30.

Hot water heaters per RCW 70.79.090, inspection fee: $7.10.


Heating boilers:		Internal	External
	Cast iron—All sizes	$39.30	$31.40
	All other boilers less than 500 sq. ft.	$39.30	$31.40
	500 sq. ft. to 2500 sq. ft.	$78.60	$39.30
	Each additional 2500 sq. ft. of total heating surface, or any portion thereof	$31.40	$15.40
Power boilers:		Internal	External
	Less than 100 sq. ft.	$39.30	$31.40
	100 sq. ft. to less than 500 sq. ft.	$47.60	$31.40
	500 sq. ft. to 2500 sq. ft.	$78.60	$39.30
	Each additional 2500 sq. ft. of total heating surface, or any portion thereof	$31.40	$15.40
Pressure vessels:
	Square feet shall be determined by multiplying the length of the shell by its diameter.
		Internal	External
	Less than 15 sq. ft.	$31.40	$23.30
	15 sq. ft. to less than 50 sq. ft.	$46.60	$23.30
	50 sq. ft. to 100 sq. ft.	$54.40	$31.40
	For each additional 100 sq. ft. or any portion thereof	$54.30	$15.40
Nonnuclear shop inspections, field construction inspections, and special inspection services:
	For each hour or part of an hour up to 8 hours	$47.60
	For each hour or part of an hour in excess of 8 hours	$71.10
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	$71.10
	For each hour or part of an hour in excess of 8 hours	$111.20
Nonnuclear triennial shop survey and audit:
When state is authorized inspection agency:
	For each hour or part of an hour up to 8 hours	$47.60
	For each hour or part of an hour in excess of 8 hours	$71.10
When insurance company is authorized inspection agency:
	For each hour or part of an hour up to 8 hours	$71.10
	For each hour or part of an hour in excess of 8 hours	$111.20

Examination fee: A fee of $88.00 will be charged for each applicant sitting for an inspection examination(s).

Special inspector commission: A fee of $47.50 for initial work card. A fee of $29.50 for annual renewal.

If a special inspector changes companies: A work card fee of $47.50.

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, a fee of $442.60 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.

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

WAC 296-104-701 What are the civil penalties?

(1) An installer, owner, user, or operator of a boiler or pressure vessel that violates a provision of chapter 70.79 RCW, or of the rules adopted under that chapter, is liable for a civil penalty based on the following schedule.

Operating under pressure a boiler or pressure vessel which the department has condemned, has issued a red tag or has suspended the inspection certificate:


First offense . . . .	$150.00
Second offense . . . .	$300.00
Each additional offense . . . .	$500.00

Each day of such unlawful operation shall be deemed a separate offense.

Operating under pressure a boiler or pressure vessel without a valid inspection certificate:


First offense . . . .	$50.00
Second offense . . . .	$100.00
Each additional offense . . . .	$200.00

Each day of such unlawful operation shall be deemed a separate offense.

Installation of a boiler or pressure vessel without meeting prior filing requirements of WAC 296-104-020:


First offense . . . .	$100.00
Second offense . . . .	$200.00
Each additional offense . . . .	$500.00

Performing a repair to a boiler or pressure vessel, involving welding to a pressure retaining part, without meeting requirements of WAC 296-104-502:


First offense . . . .	$150.00
Second offense . . . .	$300.00
Each additional offense . . . .	$500.00

Performing an alteration to a boiler or pressure vessel without meeting requirements of WAC 296-104-502:


First offense . . . .	$150.00
Second offense . . . .	$300.00
Each additional offense . . . .	$500.00

Performing resetting, repair or restamping of safety valves, safety relief valves, or rupture discs, without meeting requirements of WAC 296-104-520:


First offense . . . .	$150.00
Second offense . . . .	$300.00
Each additional offense . . . .	$500.00

Failure of owner to notify chief inspector in case of accident which serves to render a boiler or unfired pressure vessel inoperative, as required by WAC 296-104-025:


Each offense . . . .	$100.00

Failure to comply with a noncompliance report requirement:


Within 90 days . . . .	$100.00
Within 91-180 days . . . .	$250.00
Within 181-270 days . . . .	$400.00
Within 271-360 days . . . .	$500.00

(2) The inspection agency responsible for the in-service inspector of a boiler or unfired pressure vessel that violates a provision of chapter 296-104 WAC, or the rules adopted under that chapter, is liable for a civil penalty based on the following schedule.

Failure to file a report of inspection per WAC 296-104-040:


Each offense . . . .	$50.00

Failure to apply a state serial number per WAC 296-104-140:


Each offense . . . .	$50.00

Failure to attach a "Red TAG" per WAC 296-104-110:


Each offense . . . .	$50.00

Each object (boiler or unfired pressure vessel) is considered a separate offense.

(3) The department shall by certified mail notify a person of its determination that the person has violated this section.

(4) Any person aggrieved by an order or act under the boiler and unfired pressure vessels law or under the rules and regulations may appeal to the board of boiler rules. This appeal shall be filed within twenty days after service of the notice of the penalty to the assessed party by filing a written notice of appeal with the chief boiler inspector per RCW 70.79.361.

(5) Each day that a violation occurs will be a separate offense. A violation will be a second or additional offense only if it occurs within one year from the first violation.