DAR File No. 28564

Labor Commission, Safety

R616-2-3

Safety Codes and Rules for Boilers and Pressure Vessels

NOTICE OF PROPOSED RULE

DAR File No.: 28564
Filed: 03/20/2006, 02:17
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the rule change is to adopt the most current addendum (2005) of the National Board Inspection Code ANSI/NB-23 2004 Edition.

Summary of the rule or change:

This amendment incorporates by reference the December 31, 2005, addendum to the National Board Inspection Code ANSI/NB-23 edition. This addendum contains the following changes: 1) administrative clarifications and interpretations; 2) documentation of the repair forms; and 3) in-service inspection and repair of DOT (Department of Transportation) pressure vessels.

State statutory or constitutional authorization for this rule:

Section 34A-7-101 et seq.

National Board Inspection Code ANSI/NB-23 2005 addenda issued December 31, 2005

Anticipated cost or savings to:

the state budget:

There will be no cost or savings to the state budget. The cost of the addendum itself was included in the original purchase price of the National Board Inspection Code. The addendum's requirements for in-service inspections pertain to federally-inspected boilers and pressure vessels and are not a part of state inspection requirements. The addendum's administrative changes are technical in nature and will not increase or decrease the Boiler and Elevator Safety Division's enforcement burden. Likewise, these technical changes will not increase or decrease the burden on the state in its capacity as a boiler and pressure vessel owner or operator.

local governments:

There will be no cost or savings to local governments. The addendum's requirements for in-service inspections apply to federally-inspected boilers and pressure vessels and are not a part of state inspection requirements. The administrative changes required by the addendum are technical in nature and will not impose any additional requirements on local government in their capacities as boiler or pressure vessel owners or operators.

other persons:

There will be no cost or savings to other persons. The addendum's requirements for in-service inspections apply to federally-inspected boilers and pressure vessels and are not a part of state inspection requirements. The administrative changes required by the addendum are technical in nature and will not impose any additional requirements on other persons in their capacities as boiler or pressure vessel owners or operators.

Compliance costs for affected persons:

While boiler and pressure vessel owners and operators will be subject to the addendum's administrative changes, those changes are technical in nature and do not require additional compliance effort or expense.

Comments by the department head on the fiscal impact the rule may have on businesses:

Of the various provisions contained in the addendum incorporated by reference in this rule amendment, it is only the administrative changes that apply to boilers and pressure vessels under the jurisdiction of the Labor Commission's Boiler and Elevator Safety Division. Those administrative changes are essentially house cleaning items and will have no fiscal impact on business. The addendum's other provisions, pertaining to in-service inspections of federally-inspected boilers and pressure vessels, are outside the Labor Commission's jurisdiction. The Commission does not know whether the federal inspection authorities will adopt such provisions, or what the fiscal impact of such provisions may be. R. Lee Ellertson, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Pete Hackford at the above address, by phone at 801-530-7605, by FAX at 801-530-6390, or by Internet E-mail at phackford@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/15/2006

This rule may become effective on:

05/16/2006

Authorized by:

R Lee Ellertson, Commissioner

RULE TEXT

R616. Labor Commission, Safety.

R616-2. Boiler and Pressure Vessel Rules.

R616-2-3. Safety Codes and Rules for Boilers and Pressure Vessels.

The following safety codes and rules shall apply to all boilers and pressure vessels in Utah, except those exempted pursuant to Section 34A-7-101, and are incorporated herein by this reference in this rule.

A. ASME Boiler and Pressure Vessel Code (2004).

1. Section I Rules for Construction of Power Boilers published July 1, 2004, and the 2005 Addenda published July 1, 2005.

2. Section IV Rules for Construction of Heating Boilers published July 1, 2004, and the 2005 Addenda published July 1, 2005.

3. Section VIII Rules for Construction of Pressure Vessels published July 1, 2004, and the 2005 Addenda published July 1, 2005.

B. Power Piping ASME B31.1 (2004), issued August 16, 2004.

C. Controls and Safety Devices for Automatically Fired Boilers ASME CSD-1-1998; the ASME CSD-1a-1999 addenda, issued March 10, 2000; and the ASME CSD-1b (2001) addenda, issued November 30, 2001.

D. National Board Inspection Code ANSI/NB-23 (2004) issued December 31, 2004, and the 2005 Addendum issued December 31, 2005.

E. NFPA 85 Boiler and Combustion Systems Hazard Code 2004 Edition.

F. Recommended Administrative Boiler and Pressure Vessel Safety Rules and Regulations NB-132 Rev. 4.

G. Pressure Vessel Inspection Code: Maintenance Inspection, Rating, Repair and Alteration API 510 (1997); the 1998 Addenda, published December 1998, and Addendum 2, published December 2000.

KEY: boilers, certification, safety

Date of Enactment or Last Substantive Amendment: [January 1, ]2006

Notice of Continuation: January 10, 2002

Authorizing, and Implemented or Interpreted Law: 34A-7-101 et seq.

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Pete Hackford at the above address, by phone at 801-530-7605, by FAX at 801-530-6390, or by Internet E-mail at phackford@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.