PRINTER'S NO. 842
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY CORMAN, TARTAGLIONE, VOGEL, WAUGH AND SOLOBAY, APRIL 4, 2013
REFERRED TO LABOR AND INDUSTRY, APRIL 4, 2013
1Amending the act of June 18, 1998 (P.L.655, No.85), entitled "An
2act regulating the construction, equipment, maintenance,
3operation and inspection of boilers and unfired pressure
4vessels; granting certain authority to and imposing certain
5duties upon the Department of Labor and Industry; providing
6for penalties; and making a repeal," further providing for
7definitions, for design and construction, for construction of
8act, for registration of boilers and unfired pressure
9vessels, for shop inspection, for repairs and alterations and
10for field inspection; repealing provisions relating to
11issuance of certificates of operation, inspector commissions
12and fees for examination, enforcement, placement of equipment
13out of service, regulatory authority, right of entry,
14accident report, fees, procedure in prosecutions and
15penalties; and providing for field inspection frequency, for
16certificates of operation, for inspector commissions and for
17authorized private inspection agencies, for powers of
18department, for department investigation, for accident
19report, for fees, for department enforcement and for
26Section 2. Definitions.
27The following words and phrases when used in this act shall
5"Agricultural building." A structure utilized to store farm
6implements, hay, feed, grain or other agricultural or
7horticultural products or to house poultry, livestock or other
8farm animals, a milk house and a structure used to grow
9mushrooms. The term includes a carriage house owned and used by
10members of a recognized religious sect for the purposes of
11housing horses and storing buggies. The term does not include
12habitable space or spaces in which agricultural products are
13processed, treated or packaged and shall not be construed to
14mean a place of occupancy by the general public.
15"ASME." The American Society of Mechanical Engineers.
19"Board." The Industrial Board of the Commonwealth.
20"Boiler." Any closed vessel in which water is heated, steam
21is generated, steam is superheated or any combination thereof
22under pressure or vacuum for use external to itself by the
23direct application of heat from the combustion of fuels or from
24electricity. The term shall include fired vessels for heating or
25vaporizing liquids other than water where these vessels are
26separate from processing systems and are complete within
27themselves. The term does not include kitchen-type appliances or
28sterilizers used in medical applications when the device is
29designed not to exceed 5 psi internal pressure whether by use of
30a relief valve or other design.
1"Commissioned private inspector." A person not employed by
2the Department of Labor and Industry nor by an insurance company
3or owner of one or more boilers or unfired pressure vessels who
4has satisfied the requirements for obtaining and maintaining a
5commission to perform inspections of boilers and unfired
6pressure vessels in this Commonwealth, under this act and the
7regulations promulgated by the department.
14"Heat exchanger." A device used for the purpose of
15transferring heat or cold from one medium to another and having
16passages for each of the two streams of medium separated by a
17heat-exchange surface frequently in the form of plates or tubes.
18"Heating boiler." A closed vessel in which water is heated
19or steam is generated by the direct application of heat from the
20combustion of fuels or from electricity for the purpose of
21providing heat to any part of a building. The heat may be
22distributed in the form of radiators, baseboard units, in floor
23convection coils or air heating coils for hot air heat. The term
24includes cast iron boilers, fire tube boilers, water tube
25boilers, fired heat exchangers and instantaneous hot water
26heaters or any type of heater, boiler or heat exchanger.
27"Inspector." A person commissioned by the Department of
28Labor and Industry to field-inspect boilers or unfired pressure
29vessels in this Commonwealth. The term includes a commissioned
1"Instantaneous heating boiler." A vessel known as
2instantaneous, tankless, continuous flow, in-line, flash, on-
3demand or instant-on water heater designed and built to provide,
4but not to store, hot water used in hot water heating systems,
5similar to an instantaneous water heater, but constructed to
6meet the requirements of a heating boiler.
7"Instantaneous water heater." A vessel known as
8instantaneous, tankless, continuous flow, in-line, flash, on-
9demand or instant-on water heater designed and built to provide,
10but not to store, hot water and which is limited to hot water
12"Modular boiler." An assembly of individual steam or hot
13water heating boilers consisting of a group of individual
14boilers called modules, intended to be installed as a unit, with
15no intervening stop valves between the modules, with a single
16inlet and a single outlet. Modules may be under one jacket or
17may be individually jacketed. The term does not include
18assemblies of fired heat exchangers constructed and stamped as a
19part, assembled under one jacket and connected with no
20intervening stop valves.
30"Power boiler." A boiler in which steam or other vapor is
3"Process boiler." Any vessel in which steam is generated or
4superheated under pressure or vacuum for use external to itself
5by direct or indirect application of heat. The source of heat
6must be in part or whole from a process other than the boiler
7itself. In order to be classified as a process boiler, the
8boiler must be directly tied to another process other than the
9generation of steam.
10"Storage water heater." A vessel in which water is heated by
11the direct application of heat from the combustion of fuels or
12from electricity for the purpose of providing and storing hot
13water, which operates at a maximum pressure of 160 psi and a
14maximum temperature of 210°F and is limited to hot water supply.
18Section 4. Design and construction.
19(a) General rule.--Every boiler or unfired pressure vessel
20used or destined for use in this Commonwealth shall be [so
21designed and constructed with respect to the thickness and
22strength of the materials used in construction, stay bolts and
23braces, drums, headers, tubes, doors, riveting, welding, steam,
24air and water gauges, safety devices, blow-offs, all necessary
25piping and all other parts and appurtenances and shall be
26installed, operated and maintained] designed, constructed and
27installed in accordance with the codes adopted under this act,
28or any successor code adopted by the department, and shall be
29operated and maintained so as to safely sustain the pressure at
30which the boiler or unfired pressure vessel is designed and
1intended to operate.
16Section 5. Construction of act.
17Nothing in this act shall be construed to apply to:
23(3) Pressure vessels used for the transportation of
24compressed gases if constructed and operated in compliance
25with specifications and regulations of the United States
26Department of Transportation. This paragraph includes the
27stationary use of these vessels.
11(i) A heat input of 200,000 BTUs/hour (58.6kW).
12(ii) A water temperature of 210ºF (99ºC).
19(10) Unfired pressure vessels with a nominal water
20containing capacity of up to 120 gallons containing liquid
21under pressure and not exceeding 100 psi at ambient
22temperature. These vessels include unfired pressure vessels
23that contain air, which is trapped in the system and where
24the compression air serves only as a cushion.
6(a) Registration required.--The owner [or user] of every
7boiler or unfired pressure vessel subject to this act shall
8register with the department every boiler or unfired pressure
9vessel it operates, showing compliance with the provisions of
10this act and the regulations promulgated under this act. The
11registration shall be in a format prescribed by the department.
12(b) Change of location.--If the location of any boiler or
13unfired pressure vessel, including a portable boiler, is
14changed, a change of address shall be filed with the department
15within ten days of the change in a format prescribed by the
17(c) Change of use.--If the boiler or unfired pressure vessel
18is to be used for a purpose other than that shown on the
19original registration, the owner or user must reregister the
20equipment with the department prior to the change of use.
21(d) Inspection.--No boiler or unfired pressure vessel shall
22be operated in this Commonwealth until it is inspected under
23sections 9 and 10 and the department issues a certificate of
24operation under section 11.
25Section 7. Shop inspection.
26(a) Inspection required.--Every boiler or unfired pressure
27vessel destined for use in this Commonwealth shall be inspected
28during its construction by an individual who has a valid
29[national board] National Board commission to perform an
30inspection. Every boiler or unfired pressure vessel which has
11(b) Boiler not shop-inspected.--Any boiler or unfired
12pressure vessel which has not been shop-inspected and registered
13with the National Board as required under subsection (a) may be
14installed within this Commonwealth if either of the following
15requirements are met:
18(2) Submission of all of the documentation under this
19paragraph. For purposes of this paragraph, all tests shall be
20made under the supervision of a Commonwealth-commissioned
21inspector or an individual holding a valid National Board
22commission. The required documentation is as follows:
26[(2)] (ii) Furnishing of mill test reports of
27material to show compliance with the ASME Code or another
28code accepted by the department. If mill test reports or
29other required information cannot be produced, the
30department may, in its discretion, accept other
2[(3)] (iii) Furnishing of calculations and stress
3analyses showing the maximum allowable working pressure
4under the ASME Code or another code accepted by the
5department. These stress analyses shall be certified by a
6registered professional engineer.
7[(4) If] (iv) Documentation of X-ray testing where
8equipment is of welded construction[,]. The documentation
9must show that all seams [that are] required to be X-
10rayed by the ASME Code or another code accepted by the
11department [shall be] were X-rayed.
12[(5)] (v) Establishment that welding meets
13requirements of the ASME Code or another code accepted by
14the department. If names of welders or other required
15information cannot be produced, the department may, in
16its discretion, accept other documentation.
3(c) Exemption.--[Boilers] A boiler built prior to December
431, 1929, or [any] an unfired pressure [vessels] vessel built
5prior to June 1, 1938, which [have] has not been removed from
6this Commonwealth shall be exempt from the requirements of
7subsections (a) and (b).
8Section 8. Repairs and alterations.
9(a) General rule.--Repairs and alterations to [boilers and]
10a boiler or unfired pressure [vessels] vessel shall be made in
11accordance with [the requirements of the most current edition of
12the National Board Inspection Code (ANSI/NB-23) and] the edition
13of the code currently adopted by the department at the time of
14the repair or alteration, if technically feasible. If it is not
15technically feasible to repair or alter the boiler or unfired
16pressure vessel to the current code, the owner may use the code
17in effect at the time the boiler or unfired pressure vessel was
18constructed. Any repair or alteration must be performed by a
19person holding a [national board] National Board inspection code
20"R," "VR" or "NR" repair certificate [or a certificate of
21authorization issued by the ASME].
26Section 9. Field inspection.
27(a) Insurance company.--If a boiler or unfired pressure
28vessel is insured by a company authorized to insure boilers or
29unfired pressure vessels in this Commonwealth, the owner may
30request that the insurance company assure that a field
1inspection is made by an inspector employed by the insurance
2company. The furnishing of or failure to furnish field
3inspections, insurance inspections or advisory services in
4connection with or incidental to the issuance or renewal of a
5policy of property, casualty or boiler and machinery insurance
6shall not subject the insurer, whether domestic or foreign, its
7agents, employees or service contractors to liability for
8damages from injury, death or loss occurring as a result of any
9act or omission in the course of those services. This provision
10shall not apply in the event the intentional act of the insurer,
11its agent, employee or service contractor created the condition
12that was the proximate cause of injury, death or loss.
24(4) The [boilers] boiler or unfired pressure [vessels
25are] vessel is involved in process operations, of which a
26knowledge of the process, in addition to that of the
27construction of the vessels, is required by the inspector.
10[(c)] (d) Department inspector.--If the owner does not
11assure that a field inspection is made by an inspector, the
12boiler or unfired pressure vessel shall be inspected by a
13department inspector. The owner shall be responsible to pay the
14department a fee for the inspection.
15(e) Failure to comply.--If the owner of a boiler or unfired
16pressure vessel fails to assure a field inspection is performed
17in accordance with the schedule set forth in section 11, the
18owner shall be subject to appropriate enforcement action as
19provided under this act.
30(4) The department by regulation may adopt different
10(2) Recordkeeping available for review showing:
13(ii) Daily analysis of water samples that adequately
14show the conditions of the water and any elements or
15characteristics which are capable of producing corrosion
16or other deterioration to the boiler or its parts.
30(g) Altering inspection.--The department upon the request of
8(i) Extension.--Holders of current certificates of operation
9for process boilers or power boilers may apply for extension of
10their certificates by written request to the department. The
11request must include an assurance that all requirements
12specified in this act are being met. The department may carry
13out any necessary inspections to verify the accuracy of this
15(f) Report.--Each inspector shall forward to the department
16a report of each field inspection made of any boiler or unfired
17pressure vessel showing the exact condition of the boiler or
18unfired pressure vessel. Inspection reports shall be submitted
19within 15 days of the date of inspection. Inspection reports
20received more than 15 days after the inspection was made may be
21considered invalid by the department. The report shall be filed
22on the form and in the manner prescribed by the department.
25[Section 10. Issuance of certificates of operation.
26(a) Report.--Every inspector shall forward to the department
27a report of each field inspection made of any boiler or unfired
28pressure vessel showing the exact condition of the boiler or
29unfired pressure vessel. Inspection reports shall be submitted
30within 30 days of the date of inspection. Inspection reports
4(b) Initial certificate of compliance.--If the initial
5inspection indicates that the boiler or unfired pressure vessel
6is in compliance and is in a safe condition to be operated, the
7inspector shall so notify the department. The department shall
8issue an initial certificate of operation. The certificate of
9operation shall become valid upon payment of the appropriate
11(c) Renewal certificate.--If subsequent inspections indicate
12that the boiler or unfired pressure vessel is in a safe
13condition to be operated, the inspector shall so notify the
14department. The department shall issue a renewal certificate.
15The renewal certificate shall become valid upon payment of the
17(d) Boiler not to be operated.--If an inspection indicates
18that the boiler or unfired pressure vessel is not in a safe
19condition to be operated, the boiler or unfired pressure vessel
20shall not be operated until:
21(1) Proper repairs are made in accordance with this act.
27(e) Boiler dangerous to life or property.--If an inspector,
28upon inspection, finds that a boiler or unfired pressure vessel
29is dangerous to life or property, the inspector shall
30immediately notify the department of all facts in connection
1with the boiler or unfired pressure vessel. After review of all
2facts presented, the department may require the owner or user of
3the boiler or unfired pressure vessel to discontinue its
4operation immediately, and the department shall place a notice
5upon the boiler or unfired pressure vessel placing the boiler or
6unfired pressure vessel out of service. The owner or user of the
7boiler or unfired pressure vessel shall not operate the same
8until the requirements of subsection (d) are met.
9Section 11. Inspector commissions and fees for examination.
19(d) Suspension.--The Secretary of Labor and Industry may
20suspend an inspector commission for due cause. No inspector
21commission may be revoked until the inspector has been granted
22an opportunity to appear before the department at a hearing.
23Section 12. Enforcement.
26Section 13. Placement of equipment out of service.
27If the owner, operator or user of any boiler or unfired
28pressure vessel fails to comply with the provisions of this act
29or has received a written order served by the department
30requesting compliance with the provisions of this act and
1nevertheless fails to comply with the written order within the
2time specified, the department may immediately order the boiler
3or unfired pressure vessel to be placed out of service until the
4requirements of this act have been fully complied with.
5Section 14. Regulatory authority.
6The department may make, alter, amend or repeal regulations
7for the construction, stamping, installation, maintenance,
8repair, inspection and operation of boilers and unfired pressure
9vessels used or destined for use in this Commonwealth. The
10regulations may be based upon generally accepted national or
11international engineering standards, formulas and practices
12established and pertaining to boiler and unfired pressure vessel
13construction insofar as they are consistent with this act.
14Section 15. Right of entry.
15For the purposes of enforcing this act, the department shall
16have the power to enter any buildings or structures housing
17boilers or unfired pressure vessels, and no person shall hinder,
18delay or interfere with the department in the performance of its
19duty nor refuse information necessary to determine whether the
20provisions of this act are or will be complied with.
21Section 16. Accident report.
22The owner, user or operator of a boiler or unfired pressure
23vessel shall immediately notify the department by telephone,
24fax, telegraph or messenger of any accident. No part or parts of
25the affected equipment shall be removed or disturbed without the
26permission of the department except to perform emergency rescue
27or limit serious property damage. Within five days of the
28accident, the owner, user or operator shall file with the
29department a written report in a form prescribed by the
1Section 17. Fees.
2Fees for inspections, certificates of operation, inspector
3commission examinations, inspector commission renewals,
4registration of equipment and special equipment application
5shall be as set forth in section 613-A of the act of April 9,
61929 (P.L.177, No.175), known as The Administrative Code of
71929, until changed by law.
8Section 18. Procedure in prosecutions.
9Prosecutions for violations of the provisions of this act or
10the regulations promulgated under this act may be instituted by
11the department and shall be in the form of summary proceedings
12before a district justice. Upon conviction after a hearing, the
13penalties provided in this act shall be imposed and shall be
14final unless an appeal is taken to a court of proper
15jurisdiction in the manner prescribed by law.
16Section 19. Penalties.
17(a) Violation of provisions.--A person who violates this act
18or the regulations promulgated under this act or who fails or
19neglects to pay the fees required by this act shall, upon
20conviction for the first offense, be sentenced to pay a fine of
21not more than $500 plus costs and, upon nonpayment thereof, to
22imprisonment for not more than ten days. For each subsequent
23offense, the person shall, upon conviction, be sentenced to pay
24a fine of not more than $1,000 plus costs and, upon nonpayment
25thereof, to imprisonment for not more than 30 days.
26(b) Interfering with enforcement.--A person who hinders or
27delays or interferes with the department in the enforcement of
28this act shall, upon conviction, be sentenced to pay not more
29than $500 for the first offense. For subsequent offenses, the
30person may be sentenced to pay not more than $1,000 plus costs
3(c) Refusal to put boiler out of service.--A person who
4fails or refuses to place a boiler or unfired pressure vessel
5out of service after the department serves notice on him and
6upon the boiler or unfired pressure vessel shall, upon
7conviction, be sentenced to pay $500 per day for each day he
8fails or refuses to place the boiler or unfired pressure vessel
9out of service.]
10Section 3. The act is amended by adding sections to read:
11Section 10. Field inspection frequency.
12(a) General rule.--A boiler or unfired pressure vessel shall
13be inspected before being placed into service and on a periodic
14basis. Regular field inspection shall be made as provided in
25(ii) Recordkeeping available for review showing:
22(e) Alteration of inspection schedule.--The department, upon
23request of the owner or insurer of the boiler or unfired
24pressure vessel, may alter the inspection schedule for a period
25of not more than six months.
26(f) Boilers determined deficient.--If an inspector finds
27that a boiler is dangerous to life or property, the inspector
28shall immediately notify the department of all deficiencies and
29other pertinent facts. If the department determines that a
30boiler or unfired pressure vessel is not in a safe condition to
3(1) Proper repairs are made in accordance with this act.
9Section 11. Certificates of operation.
10If the inspection report received pursuant to section 9(f)
11indicates that the boiler or unfired pressure vessel is in
12compliance with the applicable codes and is safe for operation,
13the department shall issue a certificate of operation. The
14certificate of operation is valid upon payment of the
18(a) Inspector commissions.--
28(b) Authorized private inspection agencies.--
1boilers or unfired pressure vessels if the inspector is not
2employed by an insurance company authorized to insure boilers
3or unfired pressure vessels in this Commonwealth, by the
4owner of the boiler or unfired pressure vessel or by the
6(2) Any person, firm or corporation wishing to be
7commissioned by the department to conduct inspections in the
8capacity of a commissioned private inspector shall first
9obtain certification as an authorized private inspection
18(iii) Submission of satisfactory proof of liability
19insurance for the purpose of compensation to third
20parties for injuries to persons or property, including,
21but not limited to, bodily injury and property damage,
22which result from or relate to an inspector's or agency's
23negligent inspection or recommendation for certification
24of a boiler or pressure vessel, in an amount to be
25established by the department.
1possesses any direct or indirect interest in the manufacture,
2sale or repair of boilers or unfired pressure vessels. Any
3commissioned inspector or authorized private inspection agency
4that acquires an interest shall immediately disclose the
5interest to the department. The acquisition of the interest
6shall be grounds for suspension or revocation of a commission.
7(d) Revocation.--The Secretary of Labor and Industry may
8suspend or revoke an inspector commission or commission as an
9authorized private inspection agency for just cause. Proceedings
10under this section are subject to the right of notice, hearing
11and adjudication under 2 Pa.C.S. (relating to administrative law
12and procedure). Proceedings shall be conducted under 1 Pa. Code
13Pt. II (relating to the general rules of administrative practice
15Section 13. Powers of department.
16(a) Enforcement and regulation.--The department shall
17enforce this act and is empowered to promulgate and enforce
18regulations to implement this act. The regulations may be based
19upon generally accepted national or international engineering
20standards, formulas and practices established and pertaining to
21boiler and unfired pressure vessel construction insofar as they
22are consistent with this act.
23(b) Interim regulations.--The department shall use the
24current regulations under 34 Pa. Code Ch. 3a (relating to boiler
25and unfired pressure vessel regulations) until new regulations
26are promulgated and published as final rule in the Pennsylvania
27Bulletin and become effective, unless otherwise specified in
29Section 14. Department investigation.
30(a) Authority to investigate.--The department is authorized
3(b) Right of entry.--For the purposes of enforcing this act,
4the department shall have the power to enter any building or
5structure housing boilers or unfired pressure vessels. No person
6shall hinder, delay or interfere with the department in the
7performance of its duty nor refuse information necessary to
8determine whether the provisions of this act have been or will
9be complied with.
10Section 15. Accident report.
11The owner of a boiler or unfired pressure vessel shall
12immediately notify the department of any accident involving the
13boiler or unfired pressure vessel. No part of the affected
14equipment shall be removed or disturbed without the permission
15of the department except to perform emergency rescue or limit
16serious property damage. Within five days of the accident, the
17owner shall file with the department a written report in a form
18prescribed by the department.
19Section 16. Fees.
20(a) Fees.--Fees for inspections, certificates of operation,
21inspector commission examinations, inspector commission
22renewals, registration of equipment and special equipment
23applications shall be as set forth in section 613-A of the act
24of April 9, 1929 (P.L.177, No.175), known as The Administrative
25Code of 1929.
26(b) Disposition of fees collected.--All fees collected under
27this act or the rules and regulations established under this act
28shall be paid to the department and deposited in a restricted
29account to be used for the enforcement of this act.
30Section 17. Department enforcement.
1(a) Authority.--The department may, upon discovering a
2violation of this act or a regulation under this act, issue an
3order to place a boiler or unfired pressure vessel out of
4service. An order under this section must comply with all of the
6(1) Be in writing.
7(2) State any corrective action necessary.
11(2) This subsection is subject to 2 Pa.C.S. Chs. 5
12Subch. A (relating to practice and procedure of Commonwealth
13agencies) and 7 Subch. A (relating to judicial review of
14Commonwealth agency action).
15Section 18. Administrative penalties.
26(c) Procedure.--This section is subject to 2 Pa.C.S. Chs. 5
27Subch. A (relating to practice and procedure of Commonwealth
28agencies) and 7 Subch. A (relating to judicial review of
29Commonwealth agency action).
30(d) Disposition of fines collected.--All fines collected
4Section 4. This act shall take effect as follows:
5(1) The addition of sections 9(c) and 12(b) of the act
6shall take effect 60 days following publication of notice in
7the Pennsylvania Bulletin that the regulations required to
8commission authorized private inspection agencies have been