PRIOR PRINTER'S NOS. 842, 1039, 1149
PRINTER'S NO. 1524
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY CORMAN, TARTAGLIONE, VOGEL, WAUGH AND SOLOBAY, APRIL 4, 2013
AS REPORTED FROM COMMITTEE ON LABOR AND INDUSTRY, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 23, 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.
<-6"Agricultural building." A structure utilized to store farm
7implements, hay, feed, grain or other agricultural or
8horticultural products or to house poultry, livestock or other
9farm animals, a milk house or a structure used to grow
10mushrooms. The term includes a carriage house owned and used by
11members of a recognized religious sect for the purposes of
12housing horses and storing buggies. The term does not include
13habitable space or spaces in which agricultural products are
14processed, treated or packaged and shall not be construed to
15mean a place of occupancy by the general public.
16"ASME." The American Society of Mechanical Engineers.
20"Board." The Industrial Board of the Commonwealth.
21"Boiler." Any closed vessel in which water is heated, steam
22is generated, steam is superheated or any combination thereof
23under pressure or vacuum for use external to itself by the
24direct application of heat from the combustion of fuels or from
25electricity. The term shall include fired vessels for heating or
26vaporizing liquids other than water where these vessels are
27separate from processing systems and are complete within
28themselves. The term does not include kitchen-type appliances or
29sterilizers used in medical applications when the device is
30designed not to exceed 5 psi internal pressure whether by use of
1a relief valve or other design.
2"Commissioned private inspector." A person not employed by
3the Department of Labor and Industry nor by an insurance company
4or owner of one or more boilers or unfired pressure vessels who
5has satisfied the requirements for obtaining and maintaining a
6commission to perform inspections of boilers and unfired
7pressure vessels in this Commonwealth, under this act and the
8regulations promulgated by the department.
15"Heat exchanger." A device used for the purpose of
16transferring heat or cold from one medium to another and having
17passages for each of the two streams of medium separated by a
18heat-exchange surface frequently in the form of plates or tubes.
19"Heating boiler." A closed vessel in which water is heated
20or steam is generated by the direct application of heat from the
21combustion of fuels or from electricity for the purpose of
22providing heat to any part of a building. The heat may be
23distributed in the form of radiators, baseboard units, in floor
24convection coils or air heating coils for hot air heat. The term
25includes cast iron boilers, fire tube boilers, water tube
26boilers, fired heat exchangers and instantaneous hot water
27heaters or any type of heater, boiler or heat exchanger.
2"Instantaneous heating boiler." A vessel known as
3instantaneous, tankless, continuous flow, in-line, flash, on-
4demand or instant-on water heater designed and built to provide,
5but not to store, hot water used in hot water heating systems,
6similar to an instantaneous water heater, but constructed to
7meet the requirements of a heating boiler.
8"Instantaneous water heater." A vessel known as
9instantaneous, tankless, continuous flow, in-line, flash, on-
10demand or instant-on water heater designed and built to provide,
11but not to store, hot water and which is limited to hot water
13"Modular boiler." An assembly of individual steam or hot
14water heating boilers consisting of a group of individual
15boilers called modules, intended to be installed as a unit, with
16no intervening stop valves between the modules, with a single
17inlet and a single outlet. Modules may be under one jacket or
18may be individually jacketed. The term does not include
19assemblies of fired heat exchangers constructed and stamped as a
20part, assembled under one jacket and connected with no
21intervening stop valves.
4"Process boiler." Any vessel in which steam is generated or
5superheated under pressure or vacuum for use external to itself
6by direct or indirect application of heat. The source of heat
7must be in part or whole from a process other than the boiler
8itself. In order to be classified as a process boiler, the
9boiler must be directly tied to another process other than the
10generation of steam.
11"Storage water heater." A vessel in which water is heated by
12the direct application of heat from the combustion of fuels or
13from electricity for the purpose of providing and storing hot
14water, which operates at a maximum pressure of 160 psi and a
15maximum temperature of 210°F and is limited to hot water supply.
19Section 4. Design and construction.
20(a) General rule.--Every boiler or unfired pressure vessel
21used or destined for use in this Commonwealth shall be [so
22designed and constructed with respect to the thickness and
23strength of the materials used in construction, stay bolts and
24braces, drums, headers, tubes, doors, riveting, welding, steam,
25air and water gauges, safety devices, blow-offs, all necessary
26piping and all other parts and appurtenances and shall be
27installed, operated and maintained] designed, constructed and
28installed in accordance with the codes adopted under this act,
29or any successor code adopted by the department, and shall be
30operated and maintained [as] to safely sustain the pressure at
17Section 5. Construction of act.
18Nothing in this act shall be construed to apply to:
24(3) Pressure vessels used for the transportation of
25compressed gases if constructed and operated in compliance
26with specifications and regulations of the United States
27Department of Transportation. This paragraph includes the
28stationary use of these vessels.
1passengers or freight.
12(i) A heat input of 200,000 BTUs/hour (58.6kW).
13(ii) A water temperature of 210ºF (99ºC).
20(10) Unfired pressure vessels with a nominal water
21containing capacity of up to 120 gallons containing liquid
22under pressure and not exceeding 100 psi at ambient
23temperature. These vessels include unfired pressure vessels
24that contain air, which is trapped in the system and where
25the compression air serves only as a cushion.
7(a) Registration required.--The owner [or user] of every
8boiler or unfired pressure vessel subject to this act shall
9register with the department every boiler or unfired pressure
10vessel it operates, showing compliance with the provisions of
11this act and the regulations promulgated under this act. The
12registration shall be in a format prescribed by the department.
13(b) Change of location.--If the location of any boiler or
14unfired pressure vessel, including a portable boiler, is
15changed, a change of address shall be filed with the department
16within ten days of the change in a format prescribed by the
18(c) Change of use.--If the boiler or unfired pressure vessel
19is to be used for a purpose other than that shown on the
20original registration, the owner [or user] must reregister the
21equipment with the department prior to the change of use.
22(d) Inspection.--No boiler or unfired pressure vessel shall
23be operated in this Commonwealth until it is inspected under
24sections 9 and 10 and the department issues a certificate of
25operation under section 11.
26Section 7. Shop inspection.
27(a) Inspection required.--Every boiler or unfired pressure
28vessel destined for use in this Commonwealth shall be inspected
29during its construction by an individual who has a valid
30[national board] National Board commission to perform an
1inspection. Every boiler or unfired pressure vessel which has
2been so inspected shall, upon completion, have placed upon it [a
3stamp bearing a symbol and number authorized by the department
4for this purpose.] the appropriate ASME symbol. The following
12(b) Boiler not shop-inspected.--Any boiler or unfired
13pressure vessel which has not been shop-inspected and registered
14with the National Board as required under subsection (a) may be
15installed within this Commonwealth if either of the following
16requirements are met:
19(2) Submission of all of the documentation under this
20paragraph. For purposes of this paragraph, all tests shall be
21made under the supervision of a Commonwealth-commissioned
22inspector or an individual holding a valid National Board
23commission. The required documentation is as follows:
27[(2)] (ii) Furnishing of mill test reports of
28material to show compliance with the ASME Code or another
29code accepted by the department. If mill test reports or
30other required information cannot be produced, the
3[(3)] (iii) Furnishing of calculations and stress
4analyses showing the maximum allowable working pressure
5under the ASME Code or another code accepted by the
6department. These stress analyses shall be certified by a
7registered professional engineer.
8[(4) If] (iv) Documentation of X-ray testing where
9equipment is of welded construction[,]. The documentation
10shall show that all seams [that are] required to be X-
11rayed [by] according to the ASME Code or another code
12accepted by the department [shall be] were X-rayed.
13[(5)] (v) Establishment that welding meets
14requirements of the ASME Code or another code accepted by
15the department. If names of welders or other required
16information cannot be produced, the department may, in
17its discretion, accept other documentation.
30(10)] (viii) Payment of a special equipment
4(c) Exemption.--[Boilers] A boiler built prior to December
531, 1929, or [any] an unfired pressure [vessels] vessel built
6prior to June 1, 1938, which [have] has not been removed from
7this Commonwealth shall be exempt from the requirements of
8subsections (a) and (b).
9Section 8. Repairs and alterations.
10(a) General rule.--Repairs and alterations to [boilers and]
11a boiler or unfired pressure [vessels] vessel shall be made in
12accordance with [the requirements of the most current edition of
13the National Board Inspection Code (ANSI/NB-23) and] the edition
14of the code currently adopted by the department at the time of
15the repair or alteration. If it is not technically feasible to
16repair or alter the boiler or unfired pressure vessel to the
17current code, the owner may use the code in effect at the time
18the boiler or unfired pressure vessel was constructed. Any
19repair or alteration shall be performed by a person holding a
20[national board] National Board inspection code "R," "VR" or
21"NR" repair certificate [or a certificate of authorization
22issued by the ASME].
27Section 9. Field inspection.
1request that the insurance company assure that a field
2inspection is made by an inspector employed by the insurance
3company. The furnishing of or failure to furnish field
4inspections, insurance inspections or advisory services in
5connection with or incidental to the issuance or renewal of a
6policy of property, casualty or boiler and machinery insurance
7shall not subject the insurer, whether domestic or foreign, its
8agents, employees or service contractors to liability for
9damages from injury, death or loss occurring as a result of any
10act or omission in the course of those services. This provision
11shall not apply in the event the intentional act of the insurer,
12its agent, employee or service contractor created the condition
13that was the proximate cause of injury, death or loss.
25(4) The [boilers] boiler or unfired pressure [vessels
26are] vessel is involved in process operations, of which a
27knowledge of the process, in addition to that of the
28construction of the vessels, is required by the inspector.
11(3) The boiler or unfired pressure vessel is not insured
12by a company authorized to insure boilers or unfired pressure
13vessels in this Commonwealth, unless the inspector has
14contracted with such company to perform the field inspection.
15[(c)] (d) Department inspector.--If the owner does not
16assure that a field inspection is made by an inspector, the
17boiler or unfired pressure vessel shall be inspected by a
18department inspector. The owner shall be responsible to pay the
19department a fee for the inspection.
20(e) Failure to comply.--If the owner of a boiler or unfired
21pressure vessel fails to assure a field inspection is performed
22in accordance with the schedule set forth in section 11, the
23owner shall be subject to appropriate enforcement action as
24provided under this act.
30(2) Low-pressure steam vapor, hot water heating and hot
15(2) Recordkeeping available for review showing:
18(ii) Daily analysis of water samples that adequately
19show the conditions of the water and any elements or
20characteristics which are capable of producing corrosion
21or other deterioration to the boiler or its parts.
5(g) Altering inspection.--The department upon the request of
6the owner, user or insurer of the boiler or unfired pressure
7vessel may alter the inspection schedule for a period of not
8more than six months.
13(i) Extension.--Holders of current certificates of operation
14for process boilers or power boilers may apply for extension of
15their certificates by written request to the department. The
16request must include an assurance that all requirements
17specified in this act are being met. The department may carry
18out any necessary inspections to verify the accuracy of this
20(f) Report.--Each inspector shall forward to the department
21a report of each field inspection made of any boiler or unfired
22pressure vessel showing the exact condition of the boiler or
23unfired pressure vessel. Inspection reports shall be submitted
24within 15 days of the date of inspection. Inspection reports
25received more than 15 days after the inspection was made may be
26considered invalid by the department. The report shall be filed
27on the form and in the manner prescribed by the department.
30[Section 10. Issuance of certificates of operation.
1(a) Report.--Every inspector shall forward to the department
2a report of each field inspection made of any boiler or unfired
3pressure vessel showing the exact condition of the boiler or
4unfired pressure vessel. Inspection reports shall be submitted
5within 30 days of the date of inspection. Inspection reports
6received 30 days after the inspection was made may be considered
7invalid by the department. This report shall be filed in a
8manner prescribed by the department.
9(b) Initial certificate of compliance.--If the initial
10inspection indicates that the boiler or unfired pressure vessel
11is in compliance and is in a safe condition to be operated, the
12inspector shall so notify the department. The department shall
13issue an initial certificate of operation. The certificate of
14operation shall become valid upon payment of the appropriate
16(c) Renewal certificate.--If subsequent inspections indicate
17that the boiler or unfired pressure vessel is in a safe
18condition to be operated, the inspector shall so notify the
19department. The department shall issue a renewal certificate.
20The renewal certificate shall become valid upon payment of the
22(d) Boiler not to be operated.--If an inspection indicates
23that the boiler or unfired pressure vessel is not in a safe
24condition to be operated, the boiler or unfired pressure vessel
25shall not be operated until:
26(1) Proper repairs are made in accordance with this act.
30(3) An initial certificate of operation or renewal
1certificate of operation, as appropriate, is issued.
2(e) Boiler dangerous to life or property.--If an inspector,
3upon inspection, finds that a boiler or unfired pressure vessel
4is dangerous to life or property, the inspector shall
5immediately notify the department of all facts in connection
6with the boiler or unfired pressure vessel. After review of all
7facts presented, the department may require the owner or user of
8the boiler or unfired pressure vessel to discontinue its
9operation immediately, and the department shall place a notice
10upon the boiler or unfired pressure vessel placing the boiler or
11unfired pressure vessel out of service. The owner or user of the
12boiler or unfired pressure vessel shall not operate the same
13until the requirements of subsection (d) are met.
14Section 11. Inspector commissions and fees for examination.
24(d) Suspension.--The Secretary of Labor and Industry may
25suspend an inspector commission for due cause. No inspector
26commission may be revoked until the inspector has been granted
27an opportunity to appear before the department at a hearing.
28Section 12. Enforcement.
1Section 13. Placement of equipment out of service.
2If the owner, operator or user of any boiler or unfired
3pressure vessel fails to comply with the provisions of this act
4or has received a written order served by the department
5requesting compliance with the provisions of this act and
6nevertheless fails to comply with the written order within the
7time specified, the department may immediately order the boiler
8or unfired pressure vessel to be placed out of service until the
9requirements of this act have been fully complied with.
10Section 14. Regulatory authority.
11The department may make, alter, amend or repeal regulations
12for the construction, stamping, installation, maintenance,
13repair, inspection and operation of boilers and unfired pressure
14vessels used or destined for use in this Commonwealth. The
15regulations may be based upon generally accepted national or
16international engineering standards, formulas and practices
17established and pertaining to boiler and unfired pressure vessel
18construction insofar as they are consistent with this act.
19Section 15. Right of entry.
20For the purposes of enforcing this act, the department shall
21have the power to enter any buildings or structures housing
22boilers or unfired pressure vessels, and no person shall hinder,
23delay or interfere with the department in the performance of its
24duty nor refuse information necessary to determine whether the
25provisions of this act are or will be complied with.
26Section 16. Accident report.
27The owner, user or operator of a boiler or unfired pressure
28vessel shall immediately notify the department by telephone,
29fax, telegraph or messenger of any accident. No part or parts of
30the affected equipment shall be removed or disturbed without the
1permission of the department except to perform emergency rescue
2or limit serious property damage. Within five days of the
3accident, the owner, user or operator shall file with the
4department a written report in a form prescribed by the
6Section 17. Fees.
7Fees for inspections, certificates of operation, inspector
8commission examinations, inspector commission renewals,
9registration of equipment and special equipment application
10shall be as set forth in section 613-A of the act of April 9,
111929 (P.L.177, No.175), known as The Administrative Code of
121929, until changed by law.
13Section 18. Procedure in prosecutions.
14Prosecutions for violations of the provisions of this act or
15the regulations promulgated under this act may be instituted by
16the department and shall be in the form of summary proceedings
17before a district justice. Upon conviction after a hearing, the
18penalties provided in this act shall be imposed and shall be
19final unless an appeal is taken to a court of proper
20jurisdiction in the manner prescribed by law.
21Section 19. Penalties.
22(a) Violation of provisions.--A person who violates this act
23or the regulations promulgated under this act or who fails or
24neglects to pay the fees required by this act shall, upon
25conviction for the first offense, be sentenced to pay a fine of
26not more than $500 plus costs and, upon nonpayment thereof, to
27imprisonment for not more than ten days. For each subsequent
28offense, the person shall, upon conviction, be sentenced to pay
29a fine of not more than $1,000 plus costs and, upon nonpayment
30thereof, to imprisonment for not more than 30 days.
1(b) Interfering with enforcement.--A person who hinders or
2delays or interferes with the department in the enforcement of
3this act shall, upon conviction, be sentenced to pay not more
4than $500 for the first offense. For subsequent offenses, the
5person may be sentenced to pay not more than $1,000 plus costs
6or to not more than three months' imprisonment, or both, in the
7discretion of the court.
8(c) Refusal to put boiler out of service.--A person who
9fails or refuses to place a boiler or unfired pressure vessel
10out of service after the department serves notice on him and
11upon the boiler or unfired pressure vessel shall, upon
12conviction, be sentenced to pay $500 per day for each day he
13fails or refuses to place the boiler or unfired pressure vessel
14out of service.]
15Section 3. The act is amended by adding sections to read:
16Section 10. Field inspection frequency.
17(a) General rule.--A boiler or unfired pressure vessel shall
18be inspected before being placed into service. Regular field
19inspection shall be made on a periodic basis as provided in this
30(ii) Recordkeeping available for review showing:
3(B) daily analysis of water samples that
4adequately show the conditions of the water and any
5elements or characteristics which are capable of
6producing corrosion or other deterioration to the
7boiler or its parts.
27(e) Alteration of inspection schedule.--The department, upon
28request of the owner or insurer of the boiler or unfired
29pressure vessel, may alter the inspection schedule for a period
30of not more than six months.
1(f) Boilers determined deficient.--If an inspector finds
2that a boiler is dangerous to life or property, the inspector
3shall immediately notify the department of all deficiencies. If
4the department determines that a boiler or unfired pressure
5vessel is not in a safe condition to be operated, the boiler or
6unfired pressure vessel shall not be operated until the
8(1) Proper repairs are made in accordance with this act.
14Section 11. Certificates of operation.
15If the inspection report received pursuant to section 9(f)
16indicates that the boiler or unfired pressure vessel is in
17compliance with the applicable codes and is safe for operation,
18the department shall issue a certificate of operation. The
19certificate of operation is valid upon payment of the
23(a) Inspector commissions.--
30(3) An inspector shall renew an inspection commission
3(b) Authorized private inspection agencies.--
4(1) Current certification as an authorized private
5inspection agency is required to conduct inspections of
6boilers or unfired pressure vessels if the inspector is not
7employed by an insurance company authorized to insure boilers
8or unfired pressure vessels in this Commonwealth, by the
9owner of the boiler or unfired pressure vessel or by the
11(2) Any person, firm or corporation intending to be
12commissioned by the department to conduct inspections in the
13capacity of a commissioned private inspector shall first
14obtain certification as an authorized private inspection
23(iii) Submission of satisfactory proof of liability
24insurance for the purpose of compensation to third
25parties for injuries to persons or property, including,
26but not limited to, bodily injury and property damage,
27which result from or relate to an inspector's or agency's
28negligent inspection or recommendation for certification
29of a boiler or pressure vessel, in an amount to be
30established by the department.
3(c) Lack of direct or indirect interest.--No person or
4entity shall be commissioned to act as an inspector or as an
5authorized private inspection agency if the person or entity
6possesses any direct or indirect interest in the manufacture,
7sale or repair of boilers or unfired pressure vessels. Any
8commissioned inspector or authorized private inspection agency
9that acquires an interest shall immediately disclose the
10interest to the department. The acquisition of the interest
11shall be grounds for suspension or revocation of a commission.
12(d) Revocation.--The Secretary of Labor and Industry may
13suspend or revoke an inspector commission or commission as an
14authorized private inspection agency for just cause. Proceedings
15under this section are subject to the right of notice, hearing
16and adjudication under 2 Pa.C.S. (relating to administrative law
17and procedure). Proceedings shall be conducted under 1 Pa. Code
18Pt. II (relating to the general rules of administrative practice
20Section 13. Powers of department.
21(a) Enforcement and regulation.--The department shall
22enforce this act and is empowered to promulgate and enforce
23regulations to implement this act. The regulations may be based
24upon generally accepted national or international engineering
25standards, formulas and practices established and pertaining to
26boiler and unfired pressure vessel construction insofar as they
27are consistent with this act.
4Section 14. Department investigation.
7(b) Right of entry.--For the purposes of enforcing this act,
8the department shall have the power to enter any building or
9structure housing boilers or unfired pressure vessels. No person
10shall hinder, delay or interfere with the department in the
11performance of its duty nor refuse information necessary to
12determine whether the provisions of this act have been or will
13be complied with.
14Section 15. Accident report.
15The owner of a boiler or unfired pressure vessel shall
16immediately notify the department of any accident involving the
17boiler or unfired pressure vessel. No part of the affected
18equipment shall be removed or disturbed without the permission
19of the department except to perform emergency rescue or limit
20serious property damage. Within five days of the accident, the
21owner shall file with the department a written report in a form
22prescribed by the department.
23Section 16. Fees.
24Fees for inspections, certificates of operation, inspector
25commission examinations, inspector commission renewals,
26registration of equipment and special equipment applications
27shall be as set forth in section 613-A of the act of April 9,
281929 (P.L.177, No.175), known as The Administrative Code of
30Section 17. Department enforcement.
1(a) Authority.--The department may, upon discovering a
2violation of this act, issue an order to place a boiler or
3unfired pressure vessel out of service. An order under this
4section shall comply with all of the following:
5(1) Be in writing.
6(2) State any corrective action necessary.
10(2) This subsection is subject to 2 Pa.C.S. Chs. 5
11Subch. A (relating to practice and procedure of Commonwealth
12agencies) and 7 Subch. A (relating to judicial review of
13Commonwealth agency action).
14Section 18. Administrative penalties.
25(c) Procedure.--This section is subject to 2 Pa.C.S. Chs. 5
26Subch. A (relating to practice and procedure of Commonwealth
27agencies) and 7 Subch. A (relating to judicial review of
28Commonwealth agency action).
29Section 4. This act shall take effect as follows:
30(1) The addition of sections 9(c) and 12(b) of the act