RULES AND REGULATIONS
Title 34--LABOR AND INDUSTRY
DEPARTMENT OF LABOR AND INDUSTRY
[34 PA. CODE CHS. 3 AND 3a]
Boiler and Unfired Pressure Vessel Regulations
[36 Pa.B. 514]
The Department of Labor and Industry (Department), Bureau of Occupational and Industrial Safety, deletes Chapter 3 and adds Chapter 3a (relating to boiler and unfired pressure vessel regulations) to read as set forth in Annex A. The final-form rulemaking provides regulations for boilers and unfired pressure vessels under the Boiler and Unfired Pressure Vessel Law (act) (35 P. S. §§ 1331.1--1331.19).
In response to comments received and meetings with affected parties, some changes have been made to the proposed rulemaking that was published at 34 Pa.B. 6033 (November 6, 2004).
This final-form rulemaking is issued under the authority provided in section 14 of the act (35 P. S. § 1331.14) which provides ''The department may make, alter, amend or repeal regulations for the construction, stamping, installation, maintenance, repair, inspection and operation of boilers and unfired pressure vessels used or destined for use in this Commonwealth. The regulation may be based upon generally accepted national or international engineering standards, formulas and practices . . . .''
Section 11 of the act (35 P. S. § 1331.11) also mandates that the Department conduct commission examinations, renew commissions and set fees for the issuance and renewal of commissions. The Department may also suspend or revoke a commission for due cause.
Boilers and pressure vessels are operated under conditions that produce and contain pressure. These vessels can pose a serious threat to life and property because a catastrophic failure of the vessel will release energy and shrapnel similar to the explosion of a bomb. The Commonwealth enacted several laws to ensure the safe manufacturing and operation of this equipment. These laws were consolidated into a single statute by the act of May 2, 1929 (P. L. 1513, No. 451) (Act 451). In 1998, the Legislature replaced Act 451 with the act and brought the boiler and pressure vessel program up to the current National standards of safety, construction and inspection. The act's primary improvement was ensuring that the Commonwealth's program is consistent with Nationally and internationally accepted standards by requiring National Board of Boiler and Pressure Vessel Inspectors (National Board) registration of manufacturers' documents, requiring Nationally accepted standards for repairs and providing for consistent application of safety inspections for boilers.
The Department published notice of proposed rulemaking at 34 Pa.B. 6033 and invited interested parties to provide written comments. The proposed rulemaking was also posted on the Department's website at www. dli.state.pa.us. The Department received public comments from one individual, William Barbato.
The Independent Regulatory Review Commission (IRRC) submitted its comments through a letter dated January 5, 2004.
Since the passage of the act, the Department has sought input and approval from the Boiler Advisory Board. The Boiler Advisory Board was created under section 2214 of The Administrative Code of 1929 (71 P. S. § 574(g)) to provide technical advice to the Industrial Board. The seven-member Board consists of representatives from insurance underwriters, insurance inspection services, boiler manufacturers, boiler and unfired pressure vessel engineers, a power generation engineer, organized labor and the Department's boiler division. The Board has reviewed several drafts of this final-form rulemaking and provided comment and input on a number of substantive issues.
The Department also met with the Pennsylvania Restaurant Association, the Pennsylvania Food Merchants Association and Chart Industries concerning beverage dispensing systems.
This final-form rulemaking is necessary to implement the improvements to boiler and pressure vessel programs in the act. The final-form rulemaking adopts ''Nationally recognized'' standards, which bring the program to the most current state-of-the-art in technology and safety. The final-form rulemaking identifies equipment in business locations that are included in the safety inspection program in section 9 of the act (35 P. S. § 1331.9). The final-form rulemaking also implements the accident reporting provisions of section 16 of the act (35 P. S. § 1331.16), provides requirements for testing and certification under section 11 of the act and provides for the revocation or suspension of commissions for due cause. The final-form rulemaking clarifies the requirements for persons performing repairs on boilers and pressure vessels.
This final-form rulemaking will affect owners and users of boilers and unfired pressure vessels and commissioned boiler inspectors. This final-form rulemaking requires compliance by owners and users of boilers and unfired pressure vessels, except for boilers located on farms, apartments with four or less units and private residences. Approximately 300,000 boilers and unfired pressure vessels will be covered, most of which are currently registered with the Department. This final-form rulemaking is based on current National standards.
This final-form rulemaking also requires compliance by commissioned boiler inspectors. There are approximately 300 commissioned inspectors.
The general public will benefit from this final-form rulemaking. The general public is exposed to boilers and unfired pressure vessels on a daily basis. This final-form rulemaking will provide greater safety for the general public. Boiler operators, owners and users of boilers and unfired pressure vessels will also benefit from the final-form rulemaking by having a safe environment in which to work and uniform standards to follow.
The Commonwealth will incur ongoing costs related to the administration and enforcement of this final-form rulemaking. The costs will be similar to the current costs incurred by the boiler and unfired pressure vessel registration and inspection program. The current program costs are $2,241,888. There will be no additional costs due to this final-form rulemaking.
Response to Comments
The following responses address the common areas of concern found in the comments received from Mr. Barbato and IRRC.
Both commentators suggested that the definition of ''ASME Code'' should be corrected to fully reference ASME Code. Mr. Barbato further commented that definition should include the American Society of Mechanical Engineers' (ASME) published cases and code interpretations. The Department agrees in part with these suggestions. The Department redrafted the definition and it now references ''The Boiler and Pressure Vessel Code.'' However the Department does not wish to include the published cases and code interpretations.
ASME Code cases are fact specific. ASME Code cases are valid for 3 years, giving the requestor the opportunity to have the item included in the next revision of the triennial ASME Code. The Department has a mechanism to address boiler issues involving code cases and interpretations. The Industrial Board, through its appointed Boiler Advisory Board, will hear variance requests based on ASME Code cases and interpretations. The Industrial Board now determines whether variances should be granted based on these code cases and interpretations. See section 2214(d) and (h) of The Administrative Code of 1929. Also, since these code cases and interpretation do not always become part of the next ASME Code provision, it is the Department's position that it would be unwise to automatically adopt them as Pennsylvania standards.
Since the proposed rulemaking was published in November 2004, ASME has published the 2004 edition of the ASME Code. The Department revised this final-form rulemaking to adopt the 2004 edition of the ASME Code. The Department also updated the definitions of ''ANSI/NB23,'' ''ASME B 31.1'' and ''NFPA 85'' to reference the 2004 editions, the latest published editions.
Both commentators stated that the definition of ''process boiler'' in the regulation differed from the definition in the act. The Department changed the definition to mirror the definition in the act.
Mr. Barbato commented that the reference to hot water storage vessels in § 3a.3(a)(2) (relating to scope) was unnecessary since hot water storage vessels are a subset of unfired pressure vessels. The Department agrees that hot water storage vessels are unfired pressure vessels. This language was added for clarity and to insure that persons owning or operating these vessels understood that the act and the Department's regulations applied to hot water storage vessels.
Both commentators made drafting suggestions for § 3a.3. The Department concurs with the suggestions and has made the following changes. Subsection (c) was changed to add ''or more'' after 5 cubic feet. This change was made to more accurately reflect the technical standard. Subsection (d)(3)--(14) was renumbered due to the duplicate use of subsection (d)(3).
Mr. Barbato commented that the exclusion in § 3a.3(d) for boilers and unfired pressure vessels owned or operated by the Federal government is not broad enough. The language of this subsection is the same as section 5(1) of the act (35 P. S. § 1331.5(1)). It reflects what the act and the regulation exclude.
Both commentators indicated that ''meet'' in § 3a.3(11) should be replaced with ''do not exceed.'' The Department made this change.
Mr. Barbato stated that § 3a.3(d)(12), as proposed, pertained to both hot and cold water tanks. This section does pertain to both hot and cold water tanks.
Mr. Barbato questioned why the editions of the codes adopted in § 3a.4 (relating to adoption of National standards) were not listed. The editions are specified in § 3a.1 (relating to definitions).
IRRC expressed some concern about §§ 3a.5 and 3a.6 (relating to Pennsylvania Inspector Commission and National Board Commission; and certificate of competency, commission, credential card and renewal application). Specifically, IRRC stated that the role and purpose of the Pennsylvania and National Board examinations are unclear. IRRC stated that the final-form rulemaking should contain specific references to the pertinent regulations and requirements of the National Board. IRRC also stated that the regulation should clarify that an applicant must pass both the Pennsylvania and National Board examinations.
The Department reviewed the rulemaking and agreed with IRRC. The examination, testing and commission renewal process was unclear. The Department rewrote §§ 3a.5, 3a.6 and § 3a.7 (relating to reexamination) to clarify the process.
Section 3a.5 clarifies that an individual must hold a current Pennsylvania inspector commission to inspect boilers and unfired pressure vessels in this Commonwealth. It sets out the requirements for the Pennsylvania inspector commission and references the National Board requirements in NB-263. A definition of ''NB-263'' was also added to § 3a.1.
Section 3a.5 also clarifies the testing requirements and the application process. This section states that the National Board application will be used as the application for a Pennsylvania inspector commission examination. The Department will also issue a Pennsylvania credential card and commission to an applicant who meets the requirements of subsection (c) and pays the required fee under § 3a.2 (relating to fees). This section clarifies that the Department will administer examinations for National Board commissions and will issue a certificate of competency to the applicant, which will enable the applicant to receive a National Board commission.
The definition of ''certificate of competency'' was also revised in § 3a.1 to further clarify § 3a.5. In addition, both commentators suggested that the ''inspector'' in the definition of ''certificate of competency'' be replaced with the ''inspect.'' The Department made this change.
Section 3a.6 deals with the issuance of certificates of competency, commissions, credential cards and renewal applications. Certificates of competency, commissions and credential cards are issued to individuals who meet the requirements of this part of the regulation. Pennsylvania inspector commissions and credential cards will be renewed annually. The application for renewal must be submitted on a Department-provided renewal application form with the required fee under § 3a.2.
Section 3a.7 was amended to be consistent with redrafted §§ 3a.5 and 3a.6. An applicant may take the Pennsylvania inspector commission examination three times in a 1-year period without submitting a new application or application fee. If the applicant fails to obtain a passing grade, the applicant may take the Pennsylvania inspector commission examination a fourth time within a 1-year period by submitting a new application and the required fee under § 3a.2. These three sections were organized in this fashion for clarity and ease of use of the final-form rulemaking.
Both commentators noted an inconsistency in § 3a.8 (relating to reciprocity). The Department rewrote this section to clarify that for the Department to grant a reciprocal inspector commission to an applicant, the applicant must hold a current National Board Commission in good standing.
The Department added language to § 3a.22 (relating to other state stamps) to clarify the process of installing a boiler or unfired pressure vessel stamped with the ASME symbol and another state stamp. The added language clarifies that an intent to install form shall be submitted in accordance with the plan approval process in § 3a.99 (relating to notice of deficiency).
Both commentators noted that the effective date of the boiler control requirement in § 3a.24 (relating to boiler controls) was not specified. The Department added language to subsection (a) stating that ''installation of boiler controls after February 4, 2006, must comply with ASME CSD 1 and NFPA 85.''
Mr. Barbato commented that pressure-reducing stations in § 3a.25 (relating to pressure reducing stations) are outside the scope as defined in § 3a.3. The Department disagrees. Pressure reducing stations are within the scope of the act and NB-263 which is adopted in § 3a.4(1).
IRRC commented that § 3a.26 (relating to safety devices) entitled valves and safety devices refers to § 3a.152 (relating to safety appliances). IRRC suggested that the substantive portions of § 3a.152 be moved to § 3a.26 and the appropriate references to § 3a.26 be placed in § 3a.152. The Department reorganized these two sections in accordance with IRRC's comment.
Mr. Barbato commented that § 3a.35 (relating to ladders and runways) and § 3a.99 regarding ladders and runways are outside the scope of the final-form rulemaking. The Department disagrees. Ladders and runways provide access to boiler and unfired pressure vessels for maintenance, repair, inspection and operation. Also, the National Board Inspection Code (NBIC) which is adopted by this final-form rulemaking addresses ladders and runways. These items are clearly within the scope of the final-form rulemaking.
Mr. Barbato also commented the prescriptive standard for clearance found in § 3a.36 and § 3a.161 (relating to clearances; and modular boilers) and § 3a.99 may be too restrictive for newer designs. The NBIC recommends 36-inch clearances. This final-form rulemaking only requires 30-inch clearances. These sections are less restrictive than the National standard. Again, the clearance requirements are necessary for proper inspection and maintenance of equipment.
IRRC commented that § 3a.37 (relating to special design) needed to be clarified. IRRC stated that the ''may'' in subsection (a) should be changed to ''shall'' and that the reference to submission of duplicate plans for approval was confusing. The Department changed ''may'' to ''shall'' and rewrote this section to require submission of one copy of complete specifications to the Department for approval.
IRRC commented that § 3a.81 (relating to major repairs and alterations) was confusing in that it appeared to limit alterations or repairs to manufacturers who hold the appropriate ASME or R stamp. IRRC questioned whether the Department intended to limit repairs to only manufacturers who hold appropriate ASME stamps to repair or alter boilers. The Department does not intend to limit repairs to only manufacturers. The Department rewrote the last sentences of subsections (b) and (c) to read ''A manufacturer or repair company holding an ANSI/NB 23 'R' stamp may perform alterations to other vessels.''
The Department also corrected the typographical error in § 3a.81(b) and (c) by using the correct acronym ANSI/NB 23.
Both commentators questioned the insurance notification provision of proposed § 3a.93. IRRC specifically questioned the need for and the effectiveness of this section noting that the act does not contain this requirement. The Department deleted proposed § 3a.93 from the final-form rulemaking. In the final-form rulemaking, the sections following this were renumbered sequentially.
IRRC expressed three concerns about proposed § 3a.94(a) (final-form § 3a.93(a)) (relating to accident notification). First, IRRC indicated that notification is required by the owner or user. IRRC suggested that this section should fully reflect section 16 of the act by including the term ''operator.'' Second, IRRC questioned how the Department would interpret ''immediately notify'' the Department of an accident. Third, IRRC indicated the Department should indicate the name or number of the form to be used to report accidents and where the form is available in the final form rulemaking. The Department rewrote the final-form rulemaking to address all of these concerns. An operator is now covered under this section. A sentence indicating that notification within 24 hours will constitute ''immediate notification'' was added. The accident reporting form name and availability on the Department's website were added to subsection (a).
IRRC indicated that proposed § 3a.96(a) and (b) (final-form § 3a.93(a) and (b)) (relating to removal from service) was unclear as to whether the ''XX'' for the condemnation of a boiler would cover or be placed above the existing stamping by the Commonwealth or the National Board. IRRC suggested that the Department clarify this stamping in the final-form rulemaking. These subsections were rewritten to state that the ''XX'' will cross out the existing serial number.
IRRC questioned when the Department will conduct inspections of boilers for which owners have received a notice of deficiency under proposed § 3a.100(a)(2) (final-form § 3a.99). The Department will inspect boilers to verify repairs when the boiler has been placed out of service. All other repairs will be verified in the next regular boiler inspection. The Department has added language to § 3a.99(a)(2) to clarify that the Department will inspect the boiler or unfired pressure vessel which has been placed out of service to verify the corrective action or repair. Additionally, the Department must approve the corrective action or repair before the boiler or unfired pressure vessel is returned to service.
The Department corrected the citation to the act in § 3a.99(b) from section 11(e) of the act to section 10(e) of the act (35 P. S. § 1331.10(e)). This was a typographical error made in the proposed rulemaking.
Both commentators remarked that, as written, § 3a.111 (relating to field inspections) gives the impression that all inspections will be conducted by the Department. The Department added language to clarify that these inspections must be conducted by an individual holding a current Pennsylvania inspector commission to inspect boilers and unfired pressure vessels in this Commonwealth. The added language does not limit inspections to Department inspectors.
IRRC further noted that the notification process for internal inspections required under § 3a.111(4) and (8) should be described in the final-form rulemaking. The Department added that it will notify the boiler owner or operator verbally or in writing of the need for an internal inspection in both these subsections.
Mr. Barbato commented that § 3a.114 (relating to removal of covering for inspection) should give the inspector discretion as to whether to require the removal of a boiler cover for inspection. The section, as drafted, gives significant discretion to the inspector. It only requires removal when the inspector determines it is necessary to determine the safety of the vessel and when there are no other means to obtain the required information.
Upon final review, the Department found that § 3a.115(a)(3) (relating to hydrostatic pressure test) was incorrect. The Department initially wrote this section to control the temperature of the atmosphere. Later, it was determined that requiring the temperature of the atmosphere to be between 70° and 120° would restrict many hydrostatic pressure tests from being performed much of the year. This section was rewritten to regulate the temperature of the water used to between 70° and 120°. In the proposed rulemaking, the Department had both criteria stated. This section has been changed to only regulate the temperature of the water.
Mr. Barbato commented that the ASME references in Subchapters E, F and G (relating to boilers installed prior to July 1, 1916, and unfired pressure vessels and power boilers installed prior to September 1, 1937; low pressure heating boilers installed prior to July 1, 1916; and unfired pressure vessels installed prior to September 1, 1937) should specifically reference the edition that applies. Section 8 of the act (35 P. S. § 1331.8) addresses this issue. It requires that all repairs and alterations be made in accordance with the NBIC, ANSI-NB 23. ANSI-NB 23 is adopted in § 3a.4(1) and requires that inspection and repairs be made in accordance with either the code of construction or the current code.
IRRC commented that Subchapter H (relating to special installations) mentions numerous special installations but does not provide any specific provisions on the inspection requirement of these types of equipment. IRRC stated the inspection requirements should be included in the final-form rulemaking. The Department added specific references for inspections to all of the equipment provisions in Subchapter H as follows:
(1) Inspections of modular boilers (§ 3a.161) and portable boilers (§ 3a.162) shall be in accordance with § 3a.111(1)--(7).
(2) Inspections of fired coil water heaters and instantaneous water heaters (§ 3a.163), storage water heaters (§ 3a.164) and swimming pool heaters (§ 3a.170) shall be in accordance with § 3a.111(4).
(3) Inspections of steam/hot water coil storage water heaters (§ 3a.165), hot water/steam heat exchangers (§ 3a.167), and autoclaves and quick opening vessels (§ 3a.168) shall be in accordance with § 3a.111(8).
(4) Inspections of miniature boilers and kitchen equipment (§ 3a.166) shall be in accordance with § 3a.111(1)--(6).
(5) Inspections of fuel trains and piping systems (§ 3a.169) shall be determined by the type of boiler to which the system is attached and in accordance with § 3a.111.
(6) Inspections of locomotive boilers (§ 3a.171) shall be in accordance with § 3a.111(1) and (2).
Mr. Barbato also questioned whether the exemptions for instantaneous water heaters in § 3a.3(d) apply to the nominal volume of the pool if there are no intervening shutoff valves between the pool and the heater regarding swimming pools under § 3a.170 (relating to swimming pool heaters). The exemption does not apply. Swimming pool heaters are specifically controlled by § 3a.170.
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on October 24, 2004, the Department submitted a copy of the notice of proposed rulemaking, published at 34 Pa.B. 6033, to IRRC and the Chairpersons of the Senate Labor and Industry Committee and the House Labor Relations Committee for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on October 19, 2005, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on October 20, 2005, and approved the final-form rulemaking.
The contact person is Charles J. Sludden, Director of the Bureau of Occupational and Industrial Safety, Department of Labor and Industry, Room 1613, Labor & Industry Building, 7th and Forster Streets, Harrisburg, PA 17120, email@example.com.
The Department finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments were considered.
(3) The final-form rulemaking is necessary and appropriate for the administration of the act.
The Department, acting under the authorizing statutes, orders that:
(a) The regulations of the Department, 34 Pa. Code Chapters 3 and 3a, are amended by deleting §§ 3.1--3.7, 3.11--3.34, 3.41--3.68, 3.71--3.76, 3.81--3.87, 3.91, 3.101, 3.111--3.116, 3.121--3.129, 3.131--3.136, 3.141--3.145, 3.151--3.156 and 3.161; and by adding §§ 3a.1--3a.9, 3a.21--3a.39, 3a.51, 3a.61, 3a.62, 3a.71, 3a.81--3a.83, 3a.91--3a.100, 3a.111--3a.117, 3a.131--3a.134, 3a.141--3a.145, 3a.151--3a.156 and 3a.161--3a.171 to read as set forth in Annex A.
(b) The Secretary of the Department shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval as to legality and form as required by law.
(c) The Secretary shall submit this order and Annex A to IRRC, the Senate Labor and Industry Committee and to the House labor Relations Committee as required by law.
(d) The Secretary of the Department shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(e) This order shall take effect upon publication in the Pennsylvania Bulletin.
STEPHEN M. SCHMERIN,
(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 35 Pa.B. 6200 (November 5, 2005).)
Fiscal Note: Fiscal Note 12-58 remains valid for the final adoption of the subject regulations.
TITLE 34. LABOR AND INDUSTRY
PART I. DEPARTMENT OF LABOR AND INDUSTRY
CHAPTER 3. (Reserved)
§§ 3.1--3.7. (Reserved).
§§ 3.11--3.34. (Reserved).
§§ 3.41--3.68. (Reserved).
§§ 3.71--3.76. (Reserved).
§§ 3.81--3.87. (Reserved).
§ 3.91. (Reserved).
§ 3.101. (Reserved).
§§ 3.111--3.116. (Reserved).
§§ 3.121--3.129. (Reserved).
§§ 3.131--3.136. (Reserved).
§§ 3.141--3.145. (Reserved).
§§ 3.151--3.156. (Reserved).
§§ 3.161. (Reserved).
CHAPTER 3a. BOILER AND UNFIRED PRESSURE VESSEL REGULATIONS
A. GENERAL PROVISIONS B. REQUIREMENTS FOR BOILERS AND UNFIRED PRESSURE VESSELS C. ADMINISTRATION D. INSPECTIONS E. BOILERS INSTALLED PRIOR TO JULY 1, 1916, AND UNFIRED PRESSURE VESSELS AND POWER BOILERS INSTALLED PRIOR TO SEPTEMBER 1, 1937 F. LOW PRESSURE HEATING BOILERS INSTALLED PRIOR TO JULY 1, 1916 G. UNFIRED PRESSURE VESSELS INSTALLED PRIOR TO SEPTEMBER 1, 1937 H. SPECIAL INSTALLATIONS
Subchapter A. GENERAL PROVISIONS
3a.l. Definitions. 3a.2. Fees. 3a.3. Scope. 3a.4. Adoption of National standards. 3a.5. Pennsylvania Inspector Commission and National Board Commission. 3a.6. Certificate of competency, commission, credential card and renewal application. 3a.7. Reexamination. 3a.8. Reciprocity. 3a.9. Suspension or revocation of Pennsylvania inspector commission.
§ 3a.l. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
AGA--American Gas Association, 400 North Capital Street, NW, Washington, D.C. 2001.
ANSI--American National Standards Institute, 1430 Broadway, New York, New York 10018.
ANSI/NB23--National Board Inspection Code, 2004 edition, issued by the National Board of Boiler and Pressure Vessel Inspectors.
ASME--The American Society of Mechanical Engineers, Three Park Avenue, New York, New York, 10016-5990.
ASME Code--''The Boiler and Pressure Vessel Code,'' 2004 edition and its published cases and interpretations issued by ASME.
ASME B 31.1--''The ASME Code for Pressure Piping,'' 2004 edition issued by ASME.
ASME/CSD1--''Controls and Safety Devices for Automatically Fired Boilers,'' 2002 edition issued by ASME.
Act--The Boiler and Unfired Pressure Vessel Law (35 P. S. §§ 1331.1--1331.19).
(i) A change in the item described on the original manufacturer's data report, which affects the pressure containing capability of the pressure retaining item.
(ii) The term also includes nonphysical changes such as an increase in maximum allowable working pressure or an increase in design temperature of a pressure-retaining item and a reduction in minimum temperature that requires additional mechanical tests.
American Welding Society--The American Welding Society, 550 N.W. Lejenuen Road, Miami, Florida 33126.
Btu--British thermal unit.
(i) A closed vessel in which water is heated, steam is generated, steam is superheated, or any combination of these actions, under pressure or vacuum, for use externally to itself, by the direct application of heat from the combustion of fuels, or from electricity.
(ii) The term includes fired vessels for heating of liquids other than water where these vessels are separate from processing systems and are complete within themselves.
Certificate of competency--A document issued by the Department to an individual who has passed a National Board Commission Examination conducted in this Commonwealth.
Code of construction--ASME Code in effect at the time the boiler or unfired pressure vessel was manufactured.
Condemned boiler or unfired pressure vessel--A boiler or unfired pressure vessel which was inspected and declared unsafe or disqualified for use by the Department.
Department--The Department of Labor and Industry of the Commonwealth.
External inspection--An inspection made when a boiler or an unfired pressure vessel is in operation or in condition to be operational.
Fusion welding--The process of welding metals in a molten, or molten and vaporous state, without the application of mechanical pressure of blows.
Heat exchanger--A device having a shell and head, and a method to exchange heat between steam, hot water or any other liquid. This device may be fired or unfired.
IBC--The ''International Building Code 2003'' issued by the ICC.
ICC--International Code Council, 5203 Leesburg Pike, suite 600, Fall Church, Virginia 22041-3401.
IMC--The ''International Mechanical Code 2003'' issued by the ICC.
Industrial Board--The Department's Industrial Board established under sections 445 and 2214 of The Administrative Code of 1929 (71 P. S. §§ 155 and 574) which hears requests for variances, extensions of time and appeals of Department decisions under the act.
Instantaneous water heater--A vessel in which water is heated as it passes through the vessel. Water is not stored in the vessel.
Internal inspection--An inspection made when a boiler or unfired pressure vessel is shut down and handholes, manholes, or other inspection openings are opened for inspection of the interior of the boiler or unfired pressure vessel.
Inspector--An inspector commissioned by the Department to field-inspect boilers or unfired pressure vessels in this Commonwealth.
Lap seam crack--A crack found in a lap seam, extending parallel to the longitudinal joint and located between or adjacent to rivet holes.
(i) A boiler mounted on a self-propelled track locomotive and used to furnish motivating power for travel on rails.
(ii) The term does not include locomotive cranes, tractors or other self-propelled apparatus.
Low pressure heating boiler--A steam boiler operated at a pressure not exceeding 15 psig or a hot water heating or hot water supply boiler operating at a pressure not exceeding 160 psig and a temperature not exceeding 250° F.
Miniature boiler--A boiler which is not more than 16 inches inside diameter of the shell, 5 cubic feet gross volume, excluding casing and insulation; 100 psig maximum allowable working pressure; and, 20 square feet of heating surface.
NB-263--''Rules for Commissioned Inspectors,'' revision 13 issued by the National Board.
NEC--The ''National Electric Code, National Fire Protection Association's Standard 70,'' 2002 edition, issued by the NFPA.
NFPA--The National Fire Protection Association, 1 Batterymarch Park, Quincy Massachusetts 02269.
NFPA 85--The ''Boiler and Combustion System Hazard Code,'' 2004 edition, issued by the NFPA.
National Board--The National Board of Boiler and Pressure Vessel Inspectors, 1055 Crupper Avenue, Columbus, Ohio 43229.
Nonstandard boiler--A boiler which does not bear ASME stamping.
Nonstandard unfired pressure vessel--An unfired pressure vessel which does not bear ASME stamping.
Owner or user--A person, firm, corporation or governmental body owning or operating any boiler or unfired pressure vessel within this Commonwealth.
Psig--Pounds per square inch gauge.
Psi--Pounds per square inch.
Pennsylvania special boiler--A boiler which does not bear standard stamping and bears special Pennsylvania stamping and a Department-approved number.
Pennsylvania special unfired pressure vessel--An unfired pressure vessel which bears special Pennsylvania stamping and a Department-approved number and does not bear standard stamping.
Portable boiler--A boiler which is designed to be moved from location to location and used on a temporary basis.
Power boiler--A closed vessel in which steam or other vapor is generated at a pressure of more than 15 psig by the direct application of heat.
Process boiler--Any vessel in which steam is generated or superheated under pressure or for use external to itself by direct or indirect application of heat. The source of heat must be in part from a process other than the boiler itself. To be classified as a process boiler, the boiler must be directly tied to another process other than the generation of steam.
R stamp--A National Board designation indicating that a company is authorized to repair boilers and vessels.
R-1 form--National Board report of repair form.
Reinstalled equipment--Equipment removed from its original setting and reinstalled in the same location or a new location without change of ownership.
Repair--The process of restoring a boiler or unfired pressure vessel component or system to a safe and satisfactory condition.
Secondhand boiler--A boiler whose location and ownership have been changed after primary use.
Secondhand unfired pressure vessel--An unfired pressure vessel whose location and ownership have been changed after primary use.
Secretary--The Secretary of the Department.
Standard boiler or unfired pressure vessel--A boiler or an unfired pressure vessel which bears stamping in accordance with this chapter.
Standard Qualification Procedures of the American Welding Society, D1.1--The ''Structure Welding Code, Steel 2002'' issued by the American Welding Society.
Steam coil vessel--A vessel that stores hot water that contains an internal steam coil with controls used to heat hot water.
Storage water heater--A fired or an electrically heated vessel for storing or furnishing hot water supply.
Unfired pressure vessel--A vessel in which pressure is obtained from an external source or from an indirect application of heat.
Unfired steam boiler--An unfired pressure vessel which generates steam for power or heat to be used externally to itself.
VR stamp--A National Board designation that a company is authorized to repair and set safety relief valves.
§ 3a.2. Fees.
(a) The Department will charge commission, certificate of operation and inspection fees in accordance with section 613-A of The Administrative Code of 1929 (71 P. S. § 240.13A).
(b) The following fees apply to unfired pressures vessels and boilers:
(1) Certificate of operation:
(i) Unfired pressure vessels $44 (ii) Boilers $22 (2) Internal inspection of power boilers, high pressure, high temperature water boilers and miniature boilers: (i) Boilers of 50 square feet of heating surface or less $22 (ii) Boilers over 50 square feet of heating surface and less than 4,000 square feet of heating surface $36 (iii) Boilers over 4,000 square feet of heating surface or more and less than 10,000 square feet of heating surface $51 (iv) Boilers over 10,000 square feet of heating surface $58 (v) Miniature boilers $15 (3) External inspection of power boilers, high pressure and high temperature water boilers: (i) Boilers of 50 square feet of heating surface or less $15 (ii) Boilers over 50 square feet of heating surface and less than 4,000 square feet of heating surface $22 (4) Not more than $50 plus the annual certificate fee shall be collected for any and all inspections for boilers covered under paragraphs (2) and (3) in any 1 year. (5) Internal or external inspection of low pressure boilers: (i) Heating boilers without a manhole $18 (ii) Heating boilers with a manhole $22 (iii) Hot water supply boilers $15 (iv) Not more than $50 plus the annual certificate fee will be collected for inspections of any low pressure boiler in any required inspection period. (6) Internal or external inspection of pressure vessels: (i) Each pressure vessel subject to inspection having a cross sectional area of 50 square feet or less $15 (ii) Each additional 100 square feet of area in excess of 50 square feet $15 (iii) Not more than $75 shall be paid for each inspection on any one vessel. (iv) A group of pressure vessels operating as a single machine or unit shall be considered one pressure vessel. Not more than $75 plus the annual certificate fee will be collected for inspections of any pressure vessel in any required inspection period, except in cases where the vessel is moved. (7) Plan approval: (i) Complete mechanical room drawings-boilers and other vessels $73 (ii) High pressure boilers $29 (iii) Low pressure boilers $29 (8) Boiler inspector commissions: (i) Inspection's examination fee $44 (ii) Certificate of competency and commission fee $22 (iii) New credential card fee (annual) $15 (9) Hydrostatic test (witnessed) $22 (10) Onsite consultation fee per hour $29 (11) Inspection of repair fee $15 (12) ASME and National Board ''R'' Stamp Shop survey fees: (i) Full day $726 (ii) Half day $363 (13) Copy of Department's regulations $7 (14) Acceptance of boilers and pressure vessels not originally destined for use within the Common- wealth $726 (c) Industrial Board variance request $100
§ 3a.3. Scope.
(a) This chapter applies to:
(1) The boiler and the pipe connections up to and including the stop valve or valves nearest the boiler as required by the ASME Code and Power Piping, B31.1. Superheaters, reheaters, economizers and other pressure parts connected directly to the boiler without intervening valves will be considered as parts of the boiler and their construction must conform to ASME Code and Power Piping, B31.1 requirements.
(2) Unfired pressure vessels and hot water storage vessels.
(b) Boilers installed before July 1, 1916, and unfired pressure vessels and power boilers installed before September 1, 1937, must comply with §§ 3a.131, 3a.141--3a.145 and 3a.151--3a.154.
(c) Heat exchangers must comply with § 3a.167 (relating to hot water/steam heat exchangers) when the heat exchanger operates at 16 psi or greater, and has 5 cubic feet or more of volume not allowing for channel or tube nest displacements.
(d) This chapter does not apply to:
(1) Piping between the reheater connections and the turbine or other prime mover.
(2) Boilers and unfired pressure vessels regulated under the Atomic Energy Act of 1954 (42 U.S.C.A. §§ 2011--2297h-13).
(3) Boilers and unfired pressure vessels owned or operated by the Federal Government.
(4) Boilers located on farms, except in sales areas which are accessible to the public.
(5) Boilers located in single-family dwellings and multi-unit dwellings with four or less units.
(6) Storage water heaters and instantaneous water heaters if all the following limitations are not exceeded:
(i) A heat input of 200,000 Btus /hr (58.6 kW).
(ii) A water temperature of 210°F (99°C).
(iii) A nominal water-containing capacity of 120 gallons (454 L).
(7) Unfired pressure vessels used for the transportation of compressed gases that are operated in compliance with specifications and regulations of the United States Department of Transportation (49 CFR Part 173 (relating to shippers general requirements for shipments and packaging)).
(8) Air tanks located on vehicles operating under other Commonwealth agency regulations or rules and used for carrying passengers or freight.
(9) Air tanks installed on the right-of-way of railroads and used directly in the operation of switches and signals and under Federal or other Commonwealth agency jurisdiction.
(10) Vessels having an internal or external operating pressure of no more than 15 psi with no limitation on size when equipped with approved safety devices.
(11) Unfired pressure vessels designed to ASME Code section VIII, Division 1 which do not exceed one of the following specifications:
(i) 5 cubic feet (0.14m3) in volume and 250 psi (1,720 kPa) design pressure.
(ii) 3 cubic feet (0.08m3) in volume and 350 psi (2,410 kPa) design pressure.
(iii) 1.5 cubic feet (0.04m3) in volume and 600 psi (4,140 kPa) design pressure.
(iv) Vessels having an inside diameter, width, height or cross section diagonal not exceeding 6 inches (152 mm), with no limitation on length of vessel or pressure.
(12) Unfired pressure vessels with a nominal water-containing capacity of up to 120 gallons containing water under pressure. These vessels include unfired pressure vessels that contain air, which is trapped in the system and where the compression air serves only as a cushion.
(13) Filters and softeners with a nominal water containing capacity of 120 gallons or less and pressures not exceeding 100 psi at ambient temperature.
(14) Air conditioner heat exchangers (chillers) with a design pressure not more than 300 psi and a water temperature not more than 210° F.
(15) Coil-type hot water boilers which meet the requirements of ASME Code, Section I, paragraph, PG 2.3.
§ 3a.4. Adoption of National standards.
The Department adopts and incorporates by reference the following codes:
(2) ASME Code.
(3) ASME Code published cases and interpretations that have been approved by the Industrial Board.
(4) ASME B 31.1.
(6) National Electric Code, NFPA 70.
(7) NFPA 85.
§ 3a.5. Pennsylvania Inspector Commission and National Board Commission.
(a) An individual shall hold a current Pennsylvania Inspector Commission to inspect boilers and unfired pressure vessels in this Commonwealth.
(b) The Department will conduct a Pennsylvania Inspector Commission examination on the act, this chapter and the ASME Codes.
(c) An applicant for a Pennsylvania Inspector Commission shall meet the following requirements:
(1) An applicant shall hold a current National Board Commission.
(2) An applicant shall meet the National Board requirements in NB-263.
(3) An applicant shall pass the Pennsylvania Inspector Commission examination with a grade of 70% or more.
(d) The National Board application will be used as the application for a Pennsylvania Inspector Commission examination.
(e) The Department will issue a Pennsylvania credential card and commission to an applicant who meets the requirements of subsection (c) and pays the required fee under § 3a.2 (relating to fees).
(f) The Department will administer examinations for National Board Commissions four times a year. Upon successful completion of the National Board Commission examination administered by the Department, the Department will issue a certificate of competency to the applicant which will enable the applicant to receive a National Board Commission.
§ 3a.6. Certificate of competency, commission, credential card and renewal application.
(a) The Department will issue a certificate of competency, credential card and commission to an applicant who passes an examination for inspector, meets the requirements of this part and pays the required fee under § 3a.2 (relating to fees).
(b) An inspector shall renew a certificate of competency and obtain a new credential card each year to continue to act as an inspector. The inspector shall complete and submit a Department-provided renewal application and pay the required fee under § 3a.2 to renew the commission.
§ 3a.7. Reexamination.
(a) An applicant may take the Pennsylvania Inspector Commission examination three times in a 1-year period if the applicant fails to obtain a passing grade without submitting a new application and fee.
(b) An applicant may take the Pennsylvania Inspector Commission examination a fourth time within a 1-year period if the applicant fails to obtain a passing grade by submitting a new application and the required fee under § 3a.2 (relating to fees).
§ 3a.8. Reciprocity.
(a) The Department may grant a reciprocal inspector commission to an applicant who meets the following requirements:
(1) The applicant holds a current National Board Commission in good standing.
(2) The applicant is currently employed by another state or an insurance company in good standing.
(3) The applicant passes the Department-administered written examination under § 3a.5(b) (relating to Pennsylvania Inspector Commission and National Board Commission).
(b) An applicant for reciprocal inspector commission shall submit a completed Department-provided application form, a copy of the inspector's National Board Commission and the required fee under § 3a.2 (relating to fees) to the Department.
§ 3a.9. Suspension or revocation of Pennsylvania inspector commission.
(a) General. The Department may suspend or revoke a Pennsylvania inspector commission for due cause under section 11(d) of the act (34 P. S. § 1331.11(d)). Due cause includes the following:
(1) Practicing fraud or deceit or making untrue representations in obtaining a commission.
(2) Failure to remit the required commission fee under § 3a.2 (relating to fees).
(3) Violating a provision of the act or this chapter.
(4) Incompetence or gross negligence while acting as a boiler inspector.
(5) Acting in a manner presenting a danger to public health and safety.
(6) Having a commission or any other authorization to engage in the business of boiler inspection revoked or suspended or having other disciplinary action taken, surrendering a commission or other authorization in lieu of discipline, or having an application for a commission or authorization to engage in the business of boiler inspection refused or denied by the National Board, the proper authority of another state or Federal district, territory, insular possession of the United States or Canada.
(7) Engaging in fraud, deceit or other act of moral turpitude while acting as a boiler inspector.
(8) Failure to enforce the act or this chapter.
(9) Engaging in boiler inspection activities without a current commission issued by the Department.
(10) Pleading guilty, entering a plea of nolo contendere, being found guilty, receiving probation without verdict, disposition in lieu of trial or an Accelerated Rehabilitative Disposition for any felony or for any other crime relating to boiler inspection in the courts of this Commonwealth, a Federal court, a court of any other state, territory or insular possession of the United States or a court of Canada.
(b) Notice and hearing. Actions of the Department relating to suspension or revocation under this section will be taken subject to the right of notice, hearing and adjudication in accordance with 2 Pa.C.S. (relating to administrative law and procedure). Suspension and revocation proceedings will be conducted under 1 Pa. Code Part II (relating to the General Rules of Administrative Practice and Procedure).
(c) Procedure for suspension or revocation.
(1) The Department will serve the boiler inspector with an order to show cause under 1 Pa. Code § 35.14 (relating to orders to show cause). The order to show cause will contain notification that the certification may be subject to action and the grounds for the action. The order to show cause will require that the boiler inspector respond in writing within 30 days after the date of service of the order. The Department will also serve a copy of the order to show cause upon the boiler inspector's current employer, if any.
(2) The boiler inspector shall file an answer in writing to the allegations set forth in the order to show cause in accordance with 1 Pa. Code § 35.37 (relating to answers to orders to show cause). If made, answers shall be filed with the Department at the appropriate address within 30 days after the date of service of the order to show cause. Failure to file an answer will result in the entry of a default judgment against the inspector.
(3) At the request of any of the parties, the Department will hold a hearing on the matter. The Secretary will designate a presiding officer to preside at the hearing and to issue a proposed report under 1 Pa. Code §§ 35.201--35.207 (relating to proposed reports). The Secretary may delegate final authority to the hearing examiner.
(4) The presiding officer will have the power to conduct hearings under 1 Pa. Code §§ 35.185--35.190 (relating to presiding officers). The presiding officer will issue a proposed report that must be served upon counsel of record or to the parties in the hearing. The presiding officer will transmit the proposed report and the certified record to the Secretary within 15-days after issuance of the proposed report.
(5) A participant desiring to appeal to the Secretary shall, within 30 days after the service of a copy of the proposed report, file exceptions to the proposed report under 1 Pa. Code § 35.211 (relating to procedure to except to proposed report). A response may be filed within 20 days to the exceptions.
(6) The Secretary or a designee will issue a final order under 1 Pa. Code § 35.226 (relating to final orders).
(d) The Department may not reinstate a Pennsylvania inspector commission that was revoked under this section unless ordered to do so by a court of competent jurisdiction. The Department will order the surrender of the Pennsylvania inspector commission documents following an order of revocation or suspension.
(e) Subsection (c) supplements 1 Pa. Code §§ 35.14, 35.37, 35.185--35.190 35.201--35.207, 35.211 and 35.226.
Subchapter B. REQUIREMENTS FOR BOILERS AND UNFIRED PRESSURE VESSELS
3a.21. Stamping. 3a.22. Other state stamps. 3a.23. Lap seam crack. 3a.24. Boiler controls. 3a.25. Pressure reducing stations. 3a.26. Safety devices. 3a.27. Different working pressures. 3a.28. Blowoff tanks. 3a.29. Discharge outlets. 3a.30. Electric boilers. 3a.31. Forced circulation boilers. 3a.32. Supports. 3a.33. Explosion doors. 3a.34. Ventilation for combustion equipment. 3a.35. Ladders and runways. 3a.36. Clearances. 3a.37. Special design. 3a.38. Commercial beverage dispensing systems. 3a.39. Manufactured parts.
INSTALLATIONS OF POWER BOILERS
3a.51. Compliance with the ASME Code for power boilers.
INSTALLATIONS OF LOW-PRESSURE HEATING BOILERS
3a.61. Compliance with the ASME Code for low-pressure boilers. 3a.62. Registration and installation.
INSTALLATIONS OF UNFIRED PRESSURE VESSELS
3a.71. Compliance with the ASME Code for installations of unfired pressure vessels.
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