HOUSE AMENDED
PRIOR PRINTER'S NOS. 959, 1129, 1468, PRINTER'S NO. 1640
1527
No. 888 Session of 1997
INTRODUCED BY ARMSTRONG, APRIL 10, 1997
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, FEBRUARY 3, 1998
AN ACT
1 Regulating the construction, equipment, maintenance, operation
2 and inspection of boilers and unfired pressure vessels;
3 granting certain authority to and imposing certain duties
4 upon the Department of Labor and Industry; providing for
5 penalties; and making a repeal.
6 TABLE OF CONTENTS
7 Section 1. Short title.
8 Section 2. Definitions.
9 Section 3. Compliance required.
10 Section 4. Design and construction.
11 Section 5. Construction of act.
12 Section 6. Registration of boilers and unfired pressure
13 vessels.
14 Section 7. Shop inspection.
15 Section 8. Repairs and alterations.
16 Section 9. Field inspection.
17 Section 10. Issuance of certificates of operation.
1 Section 11. Inspector commissions and fees for examination.
2 Section 12. Enforcement.
3 Section 13. Placement of equipment out of service.
4 Section 14. Regulatory authority.
5 Section 15. Right of entry.
6 Section 16. Accident report.
7 Section 17. Fees.
8 Section 18. Procedure in prosecutions.
9 Section 19. Penalties.
10 Section 20. Retention of existing fee schedule. <--
11 Section 21 20. Repeal. <--
12 Section 22 21. Effective date. <--
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Short title.
16 This act shall be known and may be cited as the Boiler and
17 Unfired Pressure Vessel Law.
18 Section 2. Definitions.
19 The following words and phrases when used in this act shall
20 have the meanings given to them in this section unless the
21 context clearly indicates otherwise:
22 "Accident." A failure of a boiler or unfired pressure vessel
23 resulting in personal injury or property loss.
24 "ASME." The American Society of Mechanical Engineers.
25 "Boiler." Any closed vessel in which water is heated, steam
26 is generated, steam is superheated or any combination thereof
27 under pressure or vacuum for use external to itself by the
28 direct application of heat from the combustion of fuels or from
29 electricity. The term shall include fired vessels for heating or
30 vaporizing liquids other than water where these vessels are
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1 separate from processing systems and are complete within
2 themselves.
3 "Department." The Department of Labor and Industry of the
4 Commonwealth.
5 "Farms." Any properties or structures used primarily for
6 production and/or raising of agriculture.
7 "Field inspection." An internal/external inspection as
8 defined by the National Board Inspection Code (ANSI/NB-23).
9 "Inspector." A person commissioned by the Department of
10 Labor and Industry to field-inspect boilers or unfired pressure
11 vessels in this Commonwealth.
12 "National board." The National Board of Boiler and Pressure
13 Vessel Inspectors.
14 "Person." Any individual, firm, partnership, unincorporated
15 association, corporation or municipality. The term shall include
16 the Commonwealth.
17 "Power boiler." A boiler in which steam or other vapor is
18 generated at a pressure of more than 15 pounds per square inch
19 (psi).
20 "Process boiler." Any vessel in which steam is generated or
21 superheated under pressure or vacuum for use external to itself
22 by direct or indirect application of heat. The source of heat
23 must be in part or whole from a process other than the boiler
24 itself. In order to be classified as a process boiler, the
25 boiler must be directly tied to another process other than the
26 generation of steam.
27 "Unfired pressure vessel." Any vessel in which pressure is
28 obtained from an external source or from an indirect application
29 of heat.
30 Section 3. Compliance required.
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1 It shall be unlawful to install or use any boiler or unfired
2 pressure vessel in this Commonwealth which does not comply with
3 the provisions of this act and the regulations promulgated under
4 this act.
5 Section 4. Design and construction.
6 Every boiler or unfired pressure vessel used or destined for
7 use in this Commonwealth shall be so designed and constructed
8 with respect to the thickness and strength of the materials used
9 in construction, stay bolts and braces, drums, headers, tubes,
10 doors, riveting, welding, steam, air and water gauges, safety
11 devices, blow-offs, all necessary piping and all other parts and
12 appurtenances and shall be installed, operated and maintained as
13 to safely sustain the pressure at which the boiler or unfired
14 pressure vessel is designed and intended to operate.
15 Section 5. Construction of act.
16 Nothing in this act shall be construed to apply to:
17 (1) Boilers and unfired pressure vessels owned or
18 operated by the Federal Government.
19 (2) Boilers and unfired pressure vessels regulated under
20 the Atomic Energy Act of 1954 (68 Stat. 921, 42 U.S.C. § 2011
21 et seq.).
22 (3) Pressure vessels used for the transportation of
23 compressed gases if constructed and operated in compliance
24 with specifications and regulations of the United States
25 Department of Transportation.
26 (4) Air tanks located on vehicles operating under the
27 rules of other Commonwealth agencies and used for carrying
28 passengers or freight.
29 (5) Air tanks installed on the right-of-way of railroads
30 and used directly in the operation of switcher and signals
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1 and under Federal or other Commonwealth agency jurisdiction.
2 (6) Boilers located in single-family dwellings,
3 multiunit dwellings with four or fewer units.
4 (7) Boilers located in farms, except in sales areas
5 which are accessible to the public.
6 Section 6. Registration of boilers and unfired pressure
7 vessels.
8 The owner or user of every boiler or unfired pressure vessel
9 subject to this act shall register with the department every
10 boiler or unfired pressure vessel it operates, showing
11 compliance with the provisions of this act and the regulations
12 promulgated under this act. The registration shall be in a
13 format prescribed by the department. If the location of any
14 boiler or unfired pressure vessel is changed, a change of
15 address shall be filed with the department within ten days of
16 the change in a format prescribed by the department. If the
17 boiler or unfired pressure vessel is to be used for a purpose
18 other than that shown on the original registration, the owner or
19 user must reregister the equipment with the department prior to
20 the change of use.
21 Section 7. Shop inspection.
22 (a) Inspection required.--Every boiler or unfired pressure
23 vessel destined for use in this Commonwealth shall be inspected
24 during its construction by an individual who has a valid
25 national board commission to perform an inspection. Every boiler
26 or unfired pressure vessel which has been so inspected shall,
27 upon completion, have placed upon it a stamp bearing a symbol
28 and number authorized by the department for this purpose. The
29 department may accept comparable shop inspection and quality
30 control standards which are equivalent to or exceed the ASME or
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1 national board standards. A manufacturer's data report for every
2 boiler or unfired pressure vessel inspected under this
3 subsection shall be registered with the national board.
4 (b) Boiler not inspected.--Any boiler or unfired pressure
5 vessel which has not been shop inspected as required under
6 subsection (a) may be installed within this Commonwealth if the
7 following requirements are met:
8 (1) Submission of a request to install the equipment, in
9 a form prescribed by the department, to the department.
10 (2) Furnishing of mill test reports of material to show
11 compliance with the ASME Code or another code accepted by the
12 department.
13 (3) Furnishing of calculations and stress analyses
14 showing the maximum allowable working pressure under the ASME
15 Code or another code accepted by the department. These stress
16 analyses shall be certified by a registered professional
17 engineer.
18 (4) If equipment is of welded construction, all seams
19 that are required to be X-rayed by the ASME Code or another
20 code accepted by the department shall be X-rayed.
21 (5) Establishment that welding meets requirements of the
22 ASME Code or another code accepted by the department.
23 (6) Subjection of equipment to nondestructive
24 examination or test that verifies structural integrity.
25 (7) All tests shall be made under the supervision of a
26 Commonwealth-commissioned inspector or an individual holding
27 a valid national board commission.
28 (8) Submission of a data sheet comparable to the
29 appropriate ASME data report form and certified by a national
30 board-commissioned inspector.
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1 (9) If mill test reports, names of welders or other
2 required information can not be produced, the department may,
3 in its discretion, accept other documentation.
4 (10) Payment of a special equipment application fee.
5 (11) Compliance with the requirements outlined under
6 section 7.
7 (c) Exemption.--Boilers built prior to December 31, 1929, or
8 any unfired pressure vessels built prior to June 1, 1938, which
9 have not been removed from this Commonwealth shall be exempt
10 from the requirements of subsections (a) and (b).
11 Section 8. Repairs and alterations.
12 Repairs and alterations to boilers and unfired pressure
13 vessels shall be made in accordance with the requirements of the
14 most current edition of the National Board Inspection Code
15 (ANSI/NB-23) and performed by a person holding a national board
16 inspection code "R," "VR" or "NR" repair certificate or a
17 certificate of authorization issued by the ASME. The department
18 may approve alternative repair or alteration guidelines.
19 Section 9. Field inspection.
20 (a) Insurance company.--If a boiler or unfired pressure
21 vessel is insured by a company authorized to insure boilers or
22 unfired pressure vessels in this Commonwealth, the owner may
23 request that the insurance company assure that a field
24 inspection is made by an inspector employed by the insurance
25 company. The furnishing of or failure to furnish field
26 inspections, insurance inspections or advisory services in
27 connection with or incidental to the issuance or renewal of a
28 policy of property, casualty or boiler and machinery insurance
29 shall not subject the insurer, whether domestic or foreign, its
30 agents, employees or service contractors to liability for
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1 damages from injury, death or loss occurring as a result of any
2 act or omission in the course of those services. This provision
3 shall not apply in the event the intentional act of the insurer,
4 its agent, employee or service contractor created the condition
5 that was the proximate cause of injury, death or loss.
6 (b) Inspector employed by owner.--Boilers or unfired
7 pressure vessels may be field-inspected by an inspector in the
8 employ of the owner if:
9 (1) The inspector is a full-time employee of the owner
10 for the purpose of making inspections of boilers or unfired
11 pressure vessels used or to be used by the owner.
12 (2) The inspector has obtained a commission from the
13 department, as required under section 11.
14 (3) The owner continuously maintains an engineering
15 division.
16 (4) The boilers or unfired pressure vessels are involved
17 in process operations, of which a knowledge of the process,
18 in addition to that of the construction of the vessels, is
19 required by the inspector.
20 (5) The owner files regular field inspection reports
21 with the department in a form approved by the department and
22 pays the certificate fee set by the department through
23 regulation.
24 (c) Department inspector.--If the owner does not assure that
25 a field inspection is made by an inspector, the boiler or
26 unfired pressure vessel shall be inspected by a department
27 inspector. The owner shall be responsible to pay the department
28 a fee for the inspection. If the owner fails to assure a field
29 inspection, the owner shall be subject to appropriate
30 enforcement action, as provided under this act.
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1 (d) Regular field inspections.--Regular field inspections
2 shall be made as follows:
3 (1) Power boilers and process boilers shall be field
4 inspected once every 12 months except as provided under
5 subsections (e) and (f).
6 (2) Low-pressure steam vapor, hot water heating and hot
7 water supply boilers shall be field inspected every two
8 years.
9 (3) Unfired pressure vessels shall be inspected every
10 three years.
11 (4) The department by regulation may adopt different
12 inspection frequencies for specific classifications of
13 boilers, miniature boilers and unfired pressure vessels.
14 (e) Power boiler internal inspections.--Power boiler
15 internal inspections may be extended to 24 months if the
16 following requirements are met:
17 (1) Continuous boiler water treatment under the direct
18 supervision of persons trained and experienced in water
19 treatment for the purpose of controlling and limiting
20 corrosion and deposits.
21 (2) Recordkeeping available for review showing:
22 (i) The date and time the boiler is out of service
23 and the reason therefor.
24 (ii) Daily analysis of water samples that adequately
25 show the conditions of the water and any elements or
26 characteristics which are capable of producing corrosion
27 or other deterioration to the boiler or its parts.
28 (3) Annual external inspections are performed by a
29 Commonwealth-commissioned inspector, which shall include a
30 review of items under paragraphs (1) and (2).
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1 (4) The boiler is operated under direct supervision of
2 persons competent in all aspects of boiler operations.
3 (5) Inspection records demonstrate that no significant
4 scaling, corrosion, erosion or overheating has occurred.
5 (f) Process boiler internal inspections.--Process boiler
6 internal inspections may be extended to 60 months if:
7 (1) Conditions under subsection (e)(1), (2), (3) and (5)
8 are met.
9 (2) The boiler is in continuous operation and is fully
10 attended.
11 (g) Altering inspection.--The department upon the request of
12 the owner, user or insurer of the boiler or unfired pressure
13 vessel may alter the inspection schedule for a period of not
14 more than six months.
15 (h) Certificate of operation.--The department upon written
16 notification to the owner may limit issuance of the certificate
17 of operation based on conditions reported by the department
18 inspector.
19 (i) Extension.--Holders of current certificates of operation
20 for process boilers or power boilers may apply for extension of
21 their certificates by written request to the department. The
22 request must include an assurance that all requirements
23 specified in this act are being met. The department may carry
24 out any necessary inspections to verify the accuracy of this
25 assurance.
26 Section 10. Issuance of certificates of operation.
27 (a) Report.--Every inspector shall forward to the department
28 a report of each field inspection made of any boiler or unfired
29 pressure vessel showing the exact condition of the boiler or
30 unfired pressure vessel. Inspection reports shall be submitted
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1 within 30 days of the date of inspection. Inspection reports
2 received 30 days after the inspection was made may be considered
3 invalid by the department. This report shall be filed in a
4 manner prescribed by the department.
5 (b) Initial certificate of compliance.--If the initial
6 inspection indicates that the boiler or unfired pressure vessel
7 is in compliance and is in a safe condition to be operated, the
8 inspector shall so notify the department. The department shall
9 issue an initial certificate of operation. The certificate of
10 operation shall become valid upon payment of the appropriate
11 fee.
12 (c) Renewal certificate.--If subsequent inspections indicate
13 that the boiler or unfired pressure vessel is in a safe
14 condition to be operated, the inspector shall so notify the
15 department. The department shall issue a renewal certificate.
16 The renewal certificate shall become valid upon payment of the
17 appropriate fee.
18 (d) Boiler not to be operated.--If an inspection indicates
19 that the boiler or unfired pressure vessel is not in a safe
20 condition to be operated, the boiler or unfired pressure vessel
21 shall not be operated until:
22 (1) Proper repairs are made in accordance with this act.
23 (2) An inspection or reinspection of the boiler or
24 unfired pressure vessel indicates that it is in a safe
25 condition to be operated.
26 (3) An initial certificate of operation or renewal
27 certificate of operation, as appropriate, is issued.
28 (e) Boiler dangerous to life or property.--If an inspector,
29 upon inspection, finds that a boiler or unfired pressure vessel
30 is dangerous to life or property, the inspector shall
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1 immediately notify the department of all facts in connection
2 with the boiler or unfired pressure vessel. After review of all
3 facts presented, the department may require the owner or user of
4 the boiler or unfired pressure vessel to discontinue its
5 operation immediately, and the department shall place a notice
6 upon the boiler or unfired pressure vessel placing the boiler or
7 unfired pressure vessel out of service. The owner or user of the
8 boiler or unfired pressure vessel shall not operate the same
9 until the requirements of subsection (d) are met.
10 Section 11. Inspector commissions and fees for examination.
11 (a) Examination.--No person shall perform field inspections
12 until he has passed an examination administered by the
13 department.
14 (b) Issuance of commission.--The department shall issue an
15 inspector commission if the applicant passes the examination
16 described under subsection (a) and remits the appropriate fee.
17 (c) Renewal.--An inspector shall renew his commission
18 annually by submitting an application to the department,
19 accompanied by the appropriate renewal fee.
20 (d) Suspension.--The Secretary of Labor and Industry may
21 suspend an inspector commission for due cause. No inspector
22 commission may be revoked until the inspector has been granted
23 an opportunity to appear before the department at a hearing.
24 Section 12. Enforcement.
25 The department shall enforce this act and the regulations
26 promulgated under this act.
27 Section 13. Placement of equipment out of service.
28 If the owner, operator or user of any boiler or unfired
29 pressure vessel fails to comply with the provisions of this act
30 or has received a written order served by the department
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1 requesting compliance with the provisions of this act and
2 nevertheless fails to comply with the written order within the
3 time specified, the department may immediately order the boiler
4 or unfired pressure vessel to be placed out of service until the
5 requirements of this act have been fully complied with.
6 Section 14. Regulatory authority.
7 The department may make, alter, amend or repeal regulations
8 for the construction, stamping, installation, maintenance,
9 repair, inspection and operation of boilers and unfired pressure
10 vessels used or destined for use in this Commonwealth. The
11 regulations may be based upon generally accepted national or
12 international engineering standards, formulas and practices
13 established and pertaining to boiler and unfired pressure vessel
14 construction insofar as they are consistent with this act.
15 Section 15. Right of entry.
16 For the purposes of enforcing this act, the department shall
17 have the power to enter any buildings or structures housing
18 boilers or unfired pressure vessels, and no person shall hinder,
19 delay or interfere with the department in the performance of its
20 duty nor refuse information necessary to determine whether the
21 provisions of this act are or will be complied with.
22 Section 16. Accident report.
23 The owner, user or operator of a boiler of unfired pressure
24 vessel shall immediately notify the department by telephone,
25 fax, telegraph or messenger of any accident. No part or parts of
26 the affected equipment shall be removed or disturbed without the
27 permission of the department, except to perform emergency rescue
28 or limit serious property damage. Within five days of the
29 accident, the owner, user or operator shall file with the
30 department a written report in a form prescribed by the
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1 department.
2 Section 17. Fees.
3 Fees for inspections, certificates of operation, inspector
4 commission examinations, inspector commission renewals,
5 registration of equipment and special equipment application
6 shall be established by the department through regulation AS SET <--
7 FORTH IN SECTION 613-A OF THE ACT OF APRIL 9, 1929 (P.L.177,
8 NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929, UNTIL CHANGED
9 BY LAW.
10 Section 18. Procedure in prosecutions.
11 Prosecutions for violations of the provisions of this act or
12 the regulations promulgated under this act may be instituted by
13 the department and shall be in the form of summary proceedings
14 before a district justice. Upon conviction after a hearing, the
15 penalties provided in this act shall be imposed and shall be
16 final unless an appeal is taken to a court of proper
17 jurisdiction in the manner prescribed by law.
18 Section 19. Penalties.
19 (a) Violation of provisions.--A person who violates this act
20 or the regulations promulgated under this act or who fails or
21 neglects to pay the fees required by this act shall, upon
22 conviction for the first offense, be sentenced to pay a fine of
23 not more than $500 plus costs and, upon nonpayment thereof, to
24 imprisonment for not more than ten days. For each subsequent
25 offense, the person shall, upon conviction, be sentenced to pay
26 a fine of not more than $1,000 plus costs and, upon nonpayment
27 thereof, to imprisonment for not more than 30 days.
28 (b) Interfering with enforcement.--A person who hinders or
29 delays or interferes with the department in the enforcement of
30 this act shall, upon conviction, be sentenced to pay not more
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1 than $500 for the first offense. For subsequent offenses, the
2 person may be sentenced to pay not more than $1,000 plus costs
3 or to not more than three months' imprisonment, or both, in the
4 discretion of the court.
5 (c) Refusal to put boiler out of service.--A person who
6 fails or refuses to place a boiler or unfired pressure vessel
7 out of service after the department serves notice on him and
8 upon the boiler or unfired pressure vessel shall, upon
9 conviction, be sentenced to pay $500 per day for each day he
10 fails or refuses to place the boiler or unfired pressure vessel
11 out of service.
12 Section 20. Retention of existing fee schedule. <--
13 Until the department promulgates regulations establishing
14 fees to be charged for inspections, certificates of operation,
15 inspector commissions, inspector commission renewals,
16 registration of equipment and special equipment application, the
17 fees established by the act of April 9, 1929 (P.L.177, No.175),
18 known as The Administrative Code of 1929, shall remain in
19 effect.
20 Section 21 20. Repeal. <--
21 The act of May 2, 1929 (P.L.1513, No.451), referred to as the
22 Boiler Regulation Law, is repealed.
23 Section 22 21. Effective date. <--
24 This act shall take effect as follows:
25 (1) Section 8 shall take effect in one year.
26 (2) This section shall take effect immediately.
27 (3) The remainder of this act shall take effect in 30
28 days.
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