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Board of boiler rules -- Substantive

Chapter 296-104, WAC

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Board of Boiler Rules – Substantive (Chapter 296-104 WAC)

The rulemaking adopts amendments in chapter 296-104 WAC, Board of Boiler Rules – Substantive. These amendments will: Change the definition of “place of public assembly or assembly hall” to include assisted living facilities as housing and basic services for seven or more residents; Require authorized inspection agencies or inspectors to submit inspection reports through the state’s third party provider database. (If the agency or inspector does not have access to the third party database, then reports can be submitted to L&I for processing. L&I would charge a processing fee.); Create a new fee of $7 per boiler and pressure vessel for the department to process the inspection reports. This rulemaking is necessary to provide clarity for customers about the inspection of assisted living facilities, which improves public safety. In addition, this rulemaking will help to alleviate costs for the department and the 22,000 businesses with boilers and pressure vessels that subsidize the costs of processing inspection reports through permit, certificate, and inspection fees. The changes were adopted 7/23/2019 and will be effective on 9/1/2019.841.

9/1/2019

Rule Changes Effective

7/23/2019

PDF: Adoption (Rule-Making Order CR-103)

PDF: Adopted Rule Language

PDF: Response to Public Comments (CES)

5/22/2019

Public Hearing

5/14/2019

Comments Due

4/2/2019

PDF: Proposed Rulemaking (CR 102)

PDF: Proposed Rule Language

1/22/2019

PDF: Preproposal (CR-101)

Board of Boiler Rules – Substantive (Chapter 296-104 WAC)

The Board of Boiler Rules and L&I’s Boiler Program is adopting new safety codes, updating and clarifying existing rules, and increasing fees by the fiscal growth factor rate of 4.0 percent in Chapter 296-104 WAC Board of Boiler Rules - Substantive. The fee increase is the Office of Financial Management’s maximum allowable fiscal growth factor rate for fiscal year 2019. This rulemaking: Adopts the National Board Inspection Code (NBIC), current edition, Part 1, as the standard for installation of non-nuclear boilers, unfired pressure vessels and safety devices in the state of Washington. Also, adopts language to clarify the duties of in-service inspectors in relation to other standards and requirements for which other regulatory agencies have authority or responsibility; Adopts the Uniform Plumbing Code (UPC), Section 608.5 with Washington State amendments for water heater discharge piping to create uniformity with other state and local jurisdictions that recognize the same standard; Adopts amendments to the definition of “hot water heater” to clarify existing requirements for customers; Replaces the “A” endorsement with “Authorized Inspector Commission” to bring the rules up-to-date with current terminology in the NBIC, NB-263 RCI-1 for inspector commissions and endorsements; Adopts amendments to align the rules with the NBIC, current edition, Part 4 for installation, inservice inspection, and repair of pressure relief devices; Replaces Supplement 10 with Supplement 7 for nonnuclear repairs and alterations to align the rules with the NBIC, current edition, Part 3; Increases fees by the fiscal-growth factor of 4.0 percent to cover the program’s operating expenses. The changes were adopted 11/20/2018 and became effective on 1/1/2019.830.

1/1/2019

Rule Changes Effective

11/20/2018

PDF: Adoption (Rule-Making Order CR-103)

PDF: Adopted Rule Language

11/14/2018

Public Hearing

11/13/2018

Comments Due

9/18/2018

PDF: Proposed Rulemaking (CR 102)

PDF: Proposed Rule Language

7/5/2018

PDF: Preproposal (CR-101)

Board of Boiler Rules – Substantive (Chapter 296-104 WAC)

The Board of Boiler Rules and the Department’s Boiler Program are adopting amendments to sections in Chapter 296-104 WAC Board of Boiler Rules – Substantive to update and clarify the rules and for technical changes. The boiler rules are reviewed on a regular basis to ensure the rules are consistent with national boiler and unfired pressure vessel safety standards and industry practice, for rule clarity, housekeeping, etc. This rulemaking will: - Adopt modifications to the installation/reinstallation permit requirements to improve the permit and inspection process and create consistency for all customers on permit requirements. For example: Make the “installer” of a boiler and pressure vessel responsible for permit requirements, permit fees, and civil penalties; Eliminate the permit exemption for Owner/User Inspection Agencies and Washington State Specials to require permit filing, permit fees and civil penalties; Create a new definition for “installer” to clarify the entity or individual responsible for permit requirements; and Establish notification requirements for filing permits and emergency installations. - Adopt procedures for removing condemned vessels permanently from service to ensure that unsafe vessels are not returned to service for use. - Automatically adopt the current edition of the National Board Inspection Code (NBIC) for in-service inspection of historic steam boilers and nonnuclear repairs and alterations of boilers and unfired pressure vessels to bring the rules up-to-date and ensure the rules remain consistent with the latest national standards. - Adopt new definitions to define the usage status of a vessel, such as active, inactive, out-of-service, and scrapped to clarify terms and eliminate confusion for inspectors and customers. - Adopt modifications to the Board of Boiler Rules meeting schedule to hold regular meetings quarterly, as opposed to February, May, September, and November of each year to allow the board more flexibility in scheduling of meetings. The changes were adopted 12/19/2017 and became effective on 1/31/2018.797.

1/31/2018

Rule Changes Effective

12/19/2017

PDF: Adoption (Rule-Making Order CR-103)

PDF: Adopted Rule Language

11/15/2017

Public Hearing

11/15/2017

Comments Due

10/3/2017

PDF: Proposed Rulemaking (CR 102)

PDF: Proposed Rule Language

8/1/2017

PDF: Preproposal (CR-101)

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