Under section
14 of the Boiler and Unfired Pressure Vessel Law (act) (35 P. S.
§ 1331.14), the Department of Labor and Industry (Department) is
submitting a proposed rulemaking for boilers and unfired pressure vessels.
The Department
proposes to delete Chapter 3 (relating to boilers and unfired pressure vessels)
and to add Chapter 3a (relating to boiler and unfired pressure vessel
regulations) under the act (35 P. S. §§ 1331.1--1331.19) to read as
set forth in Annex A.
Statutory Authority
This proposed
rulemaking is issued under section 14 of the act, 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 standard, 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.
Background
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 General Assembly 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 was 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.
Since the
passage of the act, the Department has sought input and approval from the
Boiler Advisory Board (Board). The 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 Board consists of representatives from
insurance underwriters, insurance inspection services, boiler manufacturers,
boiler and unfired pressure vessel engineers, power generation engineers,
organized labor and the Department's boiler division. The Board has reviewed
several drafts of this proposed rulemaking and provided comment and input on a
number of substantive issues such as the Department's fees and the manner in
which the proposed rulemaking deals with beverage dispensing systems.
The Department
also met with the Pennsylvania Restaurant Association, the Pennsylvania Food
Merchants Association and Chart Industries concerning beverage dispensing
systems.
Purpose
This proposed
rulemaking is necessary to implement the improvements to the Commonwealth's
boiler and pressure vessel programs in the act. The proposed rulemaking adopts
''Nationally recognized'' standards, which bring the Commonwealth's program to
the most current ''state-of-the-art'' technology and safety. The proposed
rulemaking identifies equipment in business locations that are included in the
safety inspection program in the act and does not pertain to boilers located in
single-family dwellings or multi-unit dwellings with four or fewer units. It
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, provides for the revocation or suspension of
commissions for due cause and sets fees. The proposed rulemaking clarifies the
requirements for persons performing repairs on boilers and pressure vessels.
Summary of the Proposed
Rulemaking
Subchapter A. General
Provisions
§ 3a.1. Definitions.
This section
provides definitions for the terms provided in the proposed rulemaking.
It provides the
statutory citation for the act.
This section
identifies and provides addresses for the American Gas Association (AGA), the
American National Standards Institute (ANSI), the American Society of Engineers
(ASME), the National Board of Boiler Inspectors (NBBI) and the National Fire
Protection Association (NFPA).
It also
provides information on the National standards adopted by this proposed
rulemaking: ANSI/NB 23, the National Board Inspection Code; ASME Code, Rules
for Construction of Power Boilers; ASME B 31.1, ASME Code for Pressure Piping;
ASME/CSD1, Controls and Safety Devices for Automatically Fired Boilers;
National Electric Code; and Standard Qualification Procedures of the American Welding
Society, D1.1, Structural Welding Code.
It contains
definitions of apparatus such as ''boiler,'' ''heat exchanger,''
''instantaneous water heater,'' ''locomotive boiler,'' ''low pressure heating
boiler,'' ''miniature boiler,'' ''nonstandard boiler,'' ''nonstandard unfired
pressure vessel,'' ''Pennsylvania special boiler,'' ''Pennsylvania special
unfired pressure vessel,'' ''portable boiler,'' ''power boiler,'' ''power
boiler,'' ''process boiler,'' ''secondhand boiler unfired pressure vessel,'' ''standard
boiler or unfired pressure vessel,'' ''steam coil vessel,'' ''storage water
heater,'' ''unfired pressure vessel'' and ''unfired steam boiler.''
§ 3a.2. Fees.
This section
sets out the fees for references in section 613-A of The Administration Code of
1929 (71 P. S. § 240.13A), which establishes fees for commissions,
certificates of operation and inspections. The fees are enumerated because they
were increased by statutory amendment to The Administrative Code of 1929. This
section also establishes a fee for an application for an Industrial Board
variance. The fee is consistent with the variance application fee in
§ 401.2(h) (relating to Department fees).
§ 3a.3. Scope.
The proposed
rulemaking applies to the boiler and pipe connections up to the stop valves and
unfired pressure vessels. The proposed rulemaking does not apply to residential
occupancy; piping between reheaters connections; boiler and unfired pressure
vessels owned and operated by the Federal government; boilers on farms, certain
storage water heaters and instantaneous water heaters; unfired pressure vessels
used in interstate commerce; coil-type hot water boilers which meet ASME Code
standards; and certain air tanks. These exemptions are based on the statute and
ASME Code exemptions.
Boilers
installed prior to July 1, 1916, and unfired pressure vessels and power boilers
installed prior to September 1, 1937, are regulated by Subchapters E--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). These boilers and unfired pressure
vessels were installed in this Commonwealth before the enactment of any
applicable legislation.
§ 3a.4. Adoption of
National standards.
This section
states that the Department adopts ANSI/NB23, ASME Code and its published cases
and interpretations, ASME B 31.1, ASME/CSD1, National Electric Code and NFPA 85
as part of this proposed rulemaking.
§ 3a.5. Examinations for
inspector commission.
This section
establishes the examination cycle for National Board inspector examinations.
This section further requires an applicant for a boiler inspection commission
to meet National Board rules and regulations and education and experience
requirements.
This section
also requires applicants to pass the Pennsylvania Certificate of Competency
examination, which is based on the act, this proposed rulemaking and the ASME
Codes with a grade of 70% or more before conducting inspections of boilers and
unfired pressure vessels in this Commonwealth. The Department will use the
National Board application for the Pennsylvania Certificate of Competency
application. An applicant must meet one of the following educational and
experience requirements: a 4-year degree in mechanical or chemical engineering
and 1 year experience in the design, construction, inspection or repair of
boiler or pressure vessels; a 2-year degree in mechanical or chemical
engineering and 2 years experience in the design, construction, inspection or
repair of boilers or pressure vessels; or a high school diploma or GED and 3
years as a high pressure boiler operator in charge or 3 years in the
construction, repair or inspection of high pressure boilers or vessels.
§ 3a.6. Certificates of
competency, commissions, credential card and renewal application.
This section
establishes the requirements for a certificate of competency, credential card
and commission. To receive a certificate of competency and credential card, the
applicant must meet the NBBI standards, pass an examination and pay the
appropriate fee. This section also establishes an annual renewal for
commissions and credential cards. To renew a certificate and credential card,
the applicant must submit a renewal application and pay the appropriate fee.
§ 3a.7. Reexamination.
This section
allows an applicant for examination to take the examination three times in a
1-year period. This section requires an additional application and examination
fee after three failed examinations.
§ 3a.8. Reciprocity.
This section
allows the Department to grant a reciprocal commission to an inspector who
holds a National Board commission and is currently employed by another state or
an insurance company, upon passing a Department-administered written
examination on the act.
§ 3a.9. Suspension or
revocation of boiler inspection commission.
This section
establishes that the Department may initiate an action to suspend or revoke a
boiler inspector's commission for due cause. Due cause will consist of the
following: practicing fraud or deceit or making untrue representations in
obtaining a commission; failing to remit the required commission fee; violating
the act or this chapter; incompetence or gross negligence; acting in a manner
presenting a danger to public health and safety; having a commission or any
other authorization to engage in the business of boiler inspection revoked or
suspended or having other disciplinary action taken or 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 or insular possession of the United States;
engaging in fraud, deceit or an act of moral turpitude while acting as a boiler
inspector; failing to enforce the act or this chapter; and engaging in
activities of a commissioned boiler inspector without a current commission
issued by the Department.
This section
provides the Department's procedure for suspension or revocation, and the
notice and hearing provisions for suspension or revocation according to 2
Pa.C.S. (relating to administrative law and procedure) and 1 Pa. Code Part
II (relating to General Rules of Administrative Practice and Procedure).
Subchapter B. Requirements for
Boilers and Unfired Pressure Vessels
§ 3a.21. Stamping.
This section
requires ASME stamping and a registration number on boilers and unfired
pressure vessels destined for use in this Commonwealth. This section allows
stamping of a Pennsylvania special number on boilers and unfired pressure
vessels that are not built to ASME Code standards and which meet the
requirements of section 7(b) of the act (35 P. S. § 1331.7(b)). This
section also allows the use of boilers and unfired pressure vessels with a
registration number from another state if a National Board inspector inspects
the boiler or vessel during construction. Registration and stamping is not
required for cast iron boilers constructed under ASME code provisions.
This section
requires the stamping to be exposed. It may not be concealed by paint or
lagging.
§ 3a.22. Other state
stamps.
This section
allows a boiler with the stamp of another state to be installed and operated in
this Commonwealth, if a National Board-commissioned inspector witnessed its
construction and the stop data report is provided to the Department.
§ 3a.23. Lap seam crack.
This section
requires that a boiler or unfired pressure vessel in which a lap seam crack is
discovered along a riveted joint be immediately taken out of service. Also,
repairs may not be made without Department approval.
§ 3a.24. Boiler controls.
This section
provides that boilers must be installed in accordance with ASME/CSD 1, NFPA
8501 and maintained in accordance with ANSI/NB 23.
§ 3a.25. Pressure
reducing stations.
This section
provides standards for installation and use of pressure reducing stations and
valves. The provisions of ASME B 31.1 govern the installation of pressure
reducing stations. This section allows hand-controlled by-passes to be used
around reducing valves under certain circumstances. It also allows a pressure
gauge to be installed at the low-pressure side of a reducing valve.
§ 3a.26. Valves and
safety devices.
This section
requires that a boiler or unfired pressure vessel to comply with § 3a.152
(relating to safety appliances) before it is placed in service.
This section
provides standards for the use, resealing and repairs of valves and safety
devices. This section requires a company holding a ''VR'' stamp to perform the
resetting, resealing and repair of safety and relief valves. It provides that
safety and relief valves may not be loaded to maintain working pressures in
excess of certificate of operation maximum allowable working pressures.
Additional or supplemental safety or relief valves may exceed the maximum
working pressure if the valves comply with the applicable code of construction
or this regulation.
§ 3a.27. Different
working pressures.
This section
provides for the range of settings for pressure valves on boilers. It requires
that at least one safety valve on each boiler be set at or below the maximum
allowable working pressure. This section also establishes safety requirements
when a boiler has units with different maximum allowable working pressures
which vary more than 6%.
§ 3a.28. Blowoff tanks.
This section
establishes standards for blowoff tanks. Blowoff tanks are required when
conditions do not provide an adequate and safe open discharge. This section
includes standards for discharge, piping, vents, valves and access openings. It
also allows for the use of blowoff tanks that are not vented under certain
circumstances. Metal blowoff tanks must comply with ASME, Section VII, Division
1.
§ 3a.29. Discharge
outlets.
This section
provides for the discharge outlets. The discharge of safety valves in boilers
that generate in excess of 500 pounds of steam per hour must be piped to the
outside atmosphere and to a safe point of discharge.
§ 3a.30. Electric
boilers.
This section
establishes safety appliance requirements for electric boilers. It requires
grounding cables, a screen around high-tension bushings, safety or relief valve
capacity and boiler shell grounding connectors. It also requires that the power
circuit and the power line be open during adjustments.
§ 3a.31. Forced circulation
boilers.
This section
provides that forced circulation boilers and boilers with no fixed steam or
waterline meet the requirements of ASME Code, Section 1.
§ 3a.32. Supports.
This section
provides that boiler and unfired pressure vessels will be supported by masonry
or structural supports. It also requires air compressor vessels to be shock
mounted.
§ 3a.33. Explosion doors.
This section
requires stoker coal fired boilers under positive pressure to be equipped with
explosion doors to relieve furnace pressure. The explosion doors must be in the
wall setting within 7 feet of the firing floor or any platform. This section
also requires that the explosion door be provided with substantial deflectors
to divert the blast away from personnel.
§ 3a.34. Ventilation for
combustion equipment.
This section
requires adequate air to support combustion for equipment.
§ 3a.35. Ladders and
runways.
This section
provides standards for the construction of walkways, runways, platforms,
stairways and ladders between, over and around boilers.
Walkways,
runways and platforms must be made of metal by bolt, weld or rivet which must
be constructed between or on top of boilers that are higher than 8 feet. The
structures must have safety treads, standard grating or similar material of a
30-inch minimum width and 42-inch high handrails with an intermediate rail and
a 6-inch toeboard.
This section
provides that a stairway used as means of access to a walkway, runway or
platform must not exceed an angle of 45 degrees.
This section
provides that a ladder used as a means of access to a walkway, runway or
platform must be metal. This section also provides rung construction standards.
Only welders qualified under the Standard Qualification Procedures of the American
Welding Society may weld walkways, runways, platforms and ladders.
§ 3a.36. Clearances.
This section
establishes minimum clearance requirements between and around boilers and
unfired pressure vessels. It provides special clearance provisions for multiple
boiler installations in new buildings, pressure vessels of factory assembled
package units, wall hung boilers, modular systems, miniature boilers and
commercial beverage dispensing systems.
§ 3a.37. Special design.
This section
requires owners and operators to submit construction specifications and plans
for Department approval prior to the installation of boilers and unfired
pressure vessels of special design. Specially designed boilers and unfired
pressure vessels may not be operated in this Commonwealth without Department
approval.
§ 3a.38. Commercial
beverage dispensing systems.
This section
reduces the clearance requirements for commercial beverage dispensing systems.
Clearance of 18 inches is required for 50% of each vessel surface. The remaining
portion of the vessel may have a 1-inch clearance.
§ 3a.39. Manufactured
parts.
This section
requires that parts manufactured for boilers and pressure vessels be
manufactured and stamped in accordance with the ASME Code. It also requires
that data reports are to be furnished in accordance with the ASME Code.
§ 3a.51. Compliance with
the ASME Code for power boilers.
This section
requires power boilers to comply with National standards, specifically, section
1 of the ASME Code, ASME/CSD1 and NFPA 85.
§ 3a.61. Compliance with
the ASME Code for low-pressure boilers.
This section
requires low-pressure heating boilers to comply with National standards,
specifically, section IV of the ASME Code and ASME /CSD 1.
§ 3a.62. Registration and
installation.
This section
provides the registration and installation requirements for low-pressure steel
heating boilers and low-pressure cast iron boilers. It further requires that
boilers be hydrostatically tested at the time of installation.
§ 3a.71. Compliance with
the ASME Code for installations of unfired pressure vessels.
This section
requires installations of unfired pressure vessels to comply with either
section VIII or section X of the ASME Code.
§ 3a.81. Major repairs
and alterations.
This section
establishes the requirements for repairs and alterations for boilers or unfired
pressure vessels. It requires consultation with commissioned inspectors on
major repairs. This section requires a manufacturer holding the appropriate
ASME Code stamp to make alternations to a boiler or vessel. It also requires a
manufacturer holding an ASNI/NB23 stamp to make alternations to a boiler or
vessel.
This section
requires that all welds must be documented on a Pennsylvania Record of
Welded Repair form or an R-1 form. It also requires vessel owners and users
to immediately notify the Department when a safety defect is discovered.
§ 3a.82. Reconstruction
and repair.
This section
requires the reconstruction or repair of boilers or unfired pressure vessels
meet the requirements of ANSI/NB 23. It further requires that a commissioned
inspector approve all repairs.
§ 3a.83. Repairs by
welding.
This section
establishes the requirements for welded repairs on boilers and unfired pressure
vessels. It requires the performance of welding in accordance with National
standards. A commissioned inspector may pre-approve routine weld repairs.
Subchapter C. Administration
§ 3a.91. Certificates of
operation.
This section
establishes the issuance and renewal of a boiler or unfired pressure vessel
certificate of operation. This section also requires the owner or operator to
post the certificate in a visible location as close to the boiler or unfired
pressure vessel as possible.
§ 3a.92. Unsafe
operation.
This section
provides the Department will suspend a certificate of operation for any boiler
or unfired pressure vessel that is unsafe to operate.
§ 3a.93. Insurance
notification.
This section
requires the owner or operator to notify the Department when insurance is
written, cancelled, not renewed or suspended on a boiler or unfired pressure
vessel. It allows the owner or operator to submit this notification with the
next required inspection report.
§ 3a.94. Accident
notification.
This section
requires an owner or user to notify the Department within 24 hours after an
accident occurs which renders the boiler or unfired pressure vessel
inoperative, or when an explosion occurs. This section allows notification by
telephone, fax, e-mail or messenger. It also prohibits the moving of the vessel
or its parts until a Department inspection occurs, unless the moving is
necessary to prevent harm to persons or property.
§ 3a.95. Restamping.
This section
establishes the requirements for restamping a boiler or unfired pressure
vessel. This occurs when the original stamping becomes indistinct or detached.
This section further requires that only a Department inspector may restamp a
vessel.
§ 3a.96. Condemnation.
This section
establishes the stamping requirements for a boiler or unfired pressure vessel
found unsafe for operation by a Department inspector. This section further
provides that only a Department inspector may remove this stamping when the
boiler or unfired pressure vessel has been restored or repaired to comply with
this proposed rulemaking.
§ 3a.97. Removal from
service.
This section
requires the vessel owner or user to notify the Department when a vessel is
removed from service for repair or alteration.
§ 3a.98. Reinstallation.
This section
requires a boiler or unfired pressure vessel that is moved and reinstalled to
comply with this proposed rulemaking upon reinstallation. This section further
requires the owner or user to notify the Department of the new location of
boiler or unfired pressure vessel within 10 days. It also requires inspection
of the boiler or unfired pressure vessel be inspected before it is placed into
service.
§ 3a.99. Plan approval.
This section
requires a boiler owner to submit an intent-to-install form or other data
showing that the equipment complies with the act and this proposed rulemaking
before boiler installation. This section requires Department plan approval
before a boiler can be installed. The plans must show a floor plan, section of
the boiler room, proposed location of boiler parts and devices, exit ways,
walkways and all clearance dimensions.
§ 3a.100. Notice of
deficiency.
This section
establishes the procedures the Department will follow if an inspection reveals
a violation of the act or this proposed rulemaking. The Department will first
issue a written notice of deficiency, a description of the violations and an
order requiring correction of the violations and repairs within 30 days to the
vessel owner. The Department will send a certification form with the notice and
order. The owner shall complete the certification form and return it to the
Department when the violations have been corrected.
If the unfired
pressure vessel owner or operator does not correct the deficiency within the
period of time allowed in the notice of deficiency, the Department may initiate
action to seal the boiler or unfired pressure vessel by issuing an order to
show cause to the boiler or unfired pressure vessel owner or operator. The
owner or operator shall submit a written answer within 30 days. The answer may
contain a request for a variance or an extension of time for compliance. A
timely filed request for variance or extension of time, or an appeal will act
as a stay to an enforcement action.
The Department
will inspect the boiler or unfired pressure vessel at the expiration of an
extension of time or other time period granted for compliance under this
section. If violations still exist, the Department may seal the boiler or
unfired pressure vessel. The Department will serve the seal order upon the
owner or operator by certified mail or personal service.
If the owner
does not comply with the order within 30 days and does not appeal the order to
show cause, the Department will issue a notice to discontinue operation of the
vessel owner within 24 hours. The vessel cannot be returned to service until
the violations have been corrected.
§ 3a.101 Appeals.
This section
states that appeals to a notice of deficiency or notice to discontinue must be
appealed to the Industrial Board within 30 days of issuance. The Industrial
Board is required to hold a hearing on the appeal within 45 days and
establishes the standards under which an appeal, variance or extension of time
may be granted.
Subchapter D. Inspections
§ 3a.111. Field
inspections.
This section
establishes the frequency of internal and external inspections for different
types of boilers and unfired pressure vessels. External and internal inspection
of power boilers and process boilers while not under pressure must be conducted
every 12 months. Internal and external inspection of low-pressure steam vapor
boilers that are not under pressure and of low-pressure boilers in schools must
be conducted every 24 months. An inspector may require internal inspection
because of a vessel's age or condition.
External
inspection of hot water supply boilers must be conducted every 24 months.
External inspection of hot water supply boilers will be conducted every 24
months. Internal inspections will be conducted every 48 months. External
inspections of cast iron boilers will be conducted every 24 months and will
include an internal inspection of the firebox. Unfired pressure vessels will be
inspected every 36 months.
This section
further allows for the extension of inspection periods for certain vessels if
certain maintenance and operation criteria are met.
§ 3a.112. Inspection
preparation.
This section
requires that boilers and unfired pressure vessels will be prepared for
internal inspection in accordance with ANSI/NB23. It further provides that an
inspector may decline inspection if the vessel is not properly prepared. The
Department will issue a certificate of operation when a vessel passes an
inspection.
§ 3a.113. Inspection
accessibility.
This section
requires that unfired pressure vessels installed or reinstalled underground
after the effective date of this proposed rulemaking will be installed in a
manner that allows for external inspection of the vessel.
§ 3a.114. Removal of
covering for inspection.
This section
requires that a portion of the jacket on a covered boiler or unfired pressure
vessel will be removed so the inspector can view the size of the rivets, pitch
of the rivets and other data necessary to determine the safety of the boiler or
unfired pressure vessel during inspection.
§ 3a.115. Hydrostatic
pressure test.
This section
establishes the maximum allowable pressures for the performance of hydrostatic
pressure tests. It also requires that the pressure must be under proper control
at all times during testing. This section further establishes the minimum and
maximum allowable temperature of the water used to apply a hydrostatic test.
§ 3a.116. Inspection
during construction.
This section
establishes that inspection during construction for cast iron boilers will be
in accordance with ASME Code requirements.
§ 3a.117. Inspection
report.
This section
establishes reporting requirements for commissioned inspectors. It requires
that the inspector submit a copy of each boiler or unfired pressure vessel
inspection report to the Department within 30 days of the inspection.
Subchapter E. Boilers
Installed Prior to July 1, 1916, and Unfired Pressure Vessels and Power Boilers
Installed Prior to September 1, 1937
§ 3a.131. Allowable working
pressure.
This section
states that the ASME Code will determine allowable working pressure.
§ 3a.132. Fusible plugs.
This section
requires that fire-actuated fusible plugs conform to the requirements of
sections A19--A21, Appendix A, Section 1 of the ASME Code. The plugs will be
replaced annually.
§ 3a.133. Repair and
replacement.
This section
requires that repairs or replacements to fittings or appliances comply with the
requirements for installations in the ASME Code and ASME/CSD1.
§ 3a.134. Weighted safety
valves.
This section
prohibits the use of weighted safety values.
Subchapter F. Low Pressure
Heating Boilers Installed Prior to July 1, 1916
§ 3a.141. Riveted
boilers.
This section
establishes that the ASME Code will determine the maximum allowable working
pressure of the shell of a riveted heating boiler. It also establishes the
maximum allowable working pressure of a steam heating boiler, 15 psig, and of a
hot water boiler, 160 psig at a temperature not exceeding 250°F.
§ 3a.142. Welded boilers.
This section
establishes that the maximum allowable working pressure on the shell of a
welded steel or wrought iron heating boiler cannot exceed the requirements in
ASME Code, Section IV.
§ 3a.143. Cast iron
boilers.
This section
establishes the maximum allowable working pressure at psig on the shell of a
cast iron boiler and a boiler having a cast iron shell or heads and steel or
wrought iron tubes.
§ 3a.144. Safe pressure.
This section
allows a commissioned inspector to reduce the operating pressure of an unsafe
boiler based upon the remaining thickness of the pressure boundaries and the
requirements of the code of construction.
§ 3a.145. Stop steam
valves.
This section
requires that a boiler equipped with a steam stop valve contain a check valve
in the return line. This section also requires that a heating system equipped
with a steam stop valve should have a check valve in the condensate return
pipe.
Subchapter G. Unfired Pressure
Vessels Installed Prior to September 1, 1937
§ 3a.151. Maximum
allowable working pressure.
This section
provides the formula for the calculation of the maximum allowable working
pressure on the shell of a pressure vessel installed prior to September 1,
1937. The Department placed the full equation in the this proposed rulemaking
because it is not readily available in published materials. The formula for
this calculation is based on the 1971 edition of section 1 of the ASME. This
formula is also reprinted in Appendix C of the NBIC, 2001 edition. This section
also provides that the maximum allowable working pressure cannot be increased.
This section sets values for tensile strength of steel shell plate and
resistance of crushing of mild steel and other values to be used in calculating
the maximum allowable working pressure.
This section
also sets out the maximum permissible working pressure safety factors.
§ 3a.152. Safety
appliances.
This section
requires pressure vessels to be protected by safety and relief devices, and
indicating and controlling devices. It establishes the requirements for these
devices. This section requires safety valves for vapors, other than noxious
liquids or toxic vapors, to be direct spring-loaded type valves designed with
substantial lifting devices. It requires each safety valve to have a marking
identifying the manufacturer, pipe size, pressure, blow down and difference
between the opening and closing pressures.
This section
also allows existing valves bearing different stampings with equivalent
construction and relieving capacity to be used. It allows the use of more than
one safety valve and calculates the discharge capacity by the combining
capacity of all safety valves.
This section
requires a safety device to be connected to the vessel in a manner to prevent a
rise in pressure beyond the maximum allowable pressure when the vessel's
pressure is derived from an outside source.
This section
also requires that when pressure may be generated in a vessel, the vessel must
have a safety device or devices connected directly to the vessel and meet the
following requirements: (1) the safety valve or valves may be connected in a
manner to avoid interference with the operation of the vessel or the safety
valve; (2) an escape pipe may be used; and (3) an elbow may be placed on an
escape pipe if it is located close to the safety valve outlet or the escape
pipe is securely anchored and supported.
This section
requires that every safety valve which is exposed to a temperatures of 32°F or
below have a drain at the lowest point where water can collect. It requires a
spring in a safety or relief valve in service for pressures up of 250 psig or
more. It requires that safety valves for compressed air tanks may not be larger
than 3 inches in diameter.
This section
allows a rupture disk to be used as a pressure safety device on vessels
containing nontoxic gases. It requires safety valves on systems using toxic
gases to discharge in accordance with the ASME Code, Section VIII, Division 2.
This section
prohibits the use of safety valves with a cast iron seat or disk.
§ 3a.153. Pipe
connections and fittings.
This section
provides that the general arrangement of piping will be designed to reduce
vibration, expansion and drainage and provide adequate support at the proper
points. This section also provides that the ASME code of construction governs
repairs of existing high-pressure/temperature piping systems installed before
1998.
§ 3a.154. Repair and
renewal.
This section
establishes that repairs made to fittings and controls be made in accordance
the ASME Code and ASME/CSD1.
Subchapter H. Special
Installations
§ 3a.161. Modular
boilers.
This section
establishes the requirements for installations of modular boilers. It
establishes clearance and boiler controls requirements. It further requires
that high-pressure steam and high temperature hot water piping should be
designed and installed in accordance with ASME B31.1.
§ 3a.162. Portable
boilers.
This section
establishes the requirements for portable boilers. It provides stamping and
clearance requirements for portable boilers. It provides that a portable boiler
may be mounted in covered trailers if certain conditions are met. This section
further provides that Department approval must be obtained before a portable
boiler is moved and placed in service.
§ 3a.163. Fired coil
water heaters and instantaneous water heaters.
This section
establishes installation standards for fired coil water heaters.
§ 3a.164. Storage water
heaters.
This section
establishes installation standards for storage water heaters. It requires that
temperature controls be designed not to exceed 210°F.
§ 3a.165. Steam/hot water
coil storage water heater.
This section
establishes design and construction standards and additional control
requirements for steam/hot water coil storage water heaters. This section also
provides that temperature controls must be designed to not exceed 210°F.
§ 3a.166. Miniature
boilers and kitchen equipment.
This section
establishes manufacturing and boiler control standards for miniature boilers. A
miniature boiler must be manufactured under the ASME ''S,'' ''H'' or ''M''
Code. Those manufactured under the ASME ''S'' and ''H'' Codes must be stamped with
a National Board registration number. This section also requires that a
miniature boiler must be installed so that the sight glass and pressure gauge
are always visible during operation. It requires that the discharge from safety
valves be piped to a safe point.
§ 3a.167. Hot water/steam
heat exchangers.
This section
requires that heater exchangers be manufactured to ASME Code requirements.
Over-pressure protection must be adequate to protect both systems and set a
maximum temperature for exchangers used in domestic hot water supply.
§ 3a.168. Autoclaves and
quick opening vessels.
This section
establishes inspection standards for autoclaves and quick opening vessels. It
also requires autoclaves and quick opening vessels to have interlocking systems
to prevent the charging of the vessel until all openings and locking devices
are fully in place.
This section
further requires pressure-relieving devices to be sized in accordance with the
data plate for pressure.
§ 3a.169. Fuel trains and
piping systems.
This section
requires piping of low-pressure steam systems and hydronic piping systems in
accordance with the ''International Mechanical Code.''
This section
also requires high-pressure steam and high temperature hot water piping to be
designed and installed in accordance with ASME B31.1. Fuel trains and piping
must be installed in accordance with ASME/CSD1. It also establishes that the
code of construction governs the repair of high pressure/temperature systems
installed before 1998.
§ 3a.170. Swimming pool
heaters.
This section
relates to swimming pool heaters as instantaneous water heaters and requires
the heaters to meet the construction requirements of ASME Code, Section IV and
the control requirements of ASME/CSD1. This section allows piping of pool
heaters with polyvinyl chloride material rated for the pressure and temperature
of the heater after the isolation valves.
§ 3a.171. Locomotive
boilers.
This section
requires new installations for boilers of locomotives to meet the requirements
of ASME Code, Section 1.
Affected Persons
This proposed
rulemaking affects boiler owners and operators and current and prospective
boiler inspectors including Department inspectors. Pool owners utilizing
boilers regulated under the act will also be affected. The general public is
also affected in that updating the regulation of boilers and unfired pressure
vessels to current National standards will increase public safety.
Fiscal Impact
The
Commonwealth will incur no additional cost under this regulation. The costs
will be similar to costs now incurred by the Department's boiler and unfired
pressure vessel inspection and inspector certification program. Increases in
administrative, inspection and enforcement activities are not anticipated.
Reporting, Recordkeeping and
Paperwork Requirements
This proposed
rulemaking will not require the creation of new forms and reporting
requirements except for possible updates of the present forms.
Sunset Date
A sunset date
is not appropriate for this proposed rulemaking. However, the Department will
continue to monitor the impact and effectiveness of the rulemaking.
Effective Date
This proposed
rulemaking will take effect upon final-form publication in the Pennsylvania
Bulletin.
Contact Person
Interested
persons are invited to submit written comments, suggestions or objections
regarding the proposed rulemaking to Edward Leister, Administrator, Bureau of
Occupational and Industrial Safety, Department of Labor and Industry, Room
1613, Labor and Industry Building, 7th and Forster Streets, Harrisburg, PA
17120, eleister@state.pa.us within 30 days of publication in the Pennsylvania
Bulletin.
Regulatory Review
Under section
5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on October
21, 2004, the Department submitted a copy of this proposed rulemaking and a
copy of a Regulatory Analysis Form to the Independent Regulatory Review
Commission (IRRC) and to the Chairpersons of the Senate Committee on Labor and
Industry and the House Labor Relations Committee. A copy of this material is
available to the public upon request.
Under section
5(g) of the Regulatory Review Act, IRRC may convey any comments,
recommendations or objections to the proposed rulemaking within 30 days of the
close of the public comment period. The comments, recommendations or objections
must specify the regulatory review criteria which have not been met. The
Regulatory Review Act specifies detailed procedures for review, prior to final
publication of the rulemaking, by the Department, the General Assembly and the
Governor of comments, recommendations or objections raised.
STEPHEN
M. SCHMERIN,
Secretary
Fiscal Note:
12-58. No fiscal impact; (8) recommends adoption.