R616.  Labor Commission, Boiler, Elevator and Coal Mine Safety.
R616-2.  Boiler and Pressure Vessel Rules.
R616-2-1.  Authority.
	This rule is established pursuant to Title 34A, Chapter 7 for the purpose of establishing reasonable safety standards for boilers and pressure vessels to prevent exposure to risks by the public and employees.

R616-2-2.  Definitions.
	A.  "ASME" means the American Society of Mechanical Engineers.
	B.  "Boiler inspector" means a person who is an employee of:
	1.  The Division who is authorized to inspect boilers and pressure vessels by having met nationally recognized standards of competency and having received the Commission's certificate of competency; or
	2.  An insurance company writing boiler and pressure vessel insurance in Utah who is deputized to inspect boilers and pressure vessels by having met nationally recognized standards of competency, receiving the Commission's certificate of competency, and having paid a certification fee.
	C.  "Commission" means the Labor Commission created in Section 34A-1-103.
	D.  "Division" means the Division of Boiler, Elevator and Coal Mine Safety of the Labor Commission.
	E.  "National Board" means the National Board of Boiler and Pressure Vessel Inspectors.
	F.  "Nonstandard" means a boiler or pressure vessel that does not bear ASME and National Board stamping and registration.
	G.  "Owner/user agency" means any business organization operating pressure vessels in this state that has a valid owner/user certificate from the Commission authorizing self-inspection of unfired pressure vessels by its owner/user agents, as regulated by the Commission, and for which a fee has been paid.
	H.  "Owner/user agent" means an employee of an owner/user agency who is authorized to inspect unfired pressure vessels by having met nationally recognized standards of competency, receiving the Commission's certificate of competency, and having paid a certification fee.

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 -- 2017.
	1.  Section I Rules for Construction of Power Boilers.
	2.  Section IV Rules for Construction of Heating Boilers.
3.  Section VIII Rules for Construction of Pressure Vessels.
	B.  Power Piping ASME B31.1 -- 2016.
	C.  Controls and Safety Devices for Automatically Fired Boilers (Applicable to boilers with fuel input ratings greater than or equal to 400,000 btu/hr) ASME CSD-1-2015. Except:
	1.  Part CG-130(c).
	D.  National Board Inspection Code ANSI/NB-23 - 2017 Part 3.
	E.  NFPA 85 Boiler and Combustion Systems Hazard Code 2015.
	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 Tenth Edition, 2014.  Except:
	1.  Section-8, and
	2.  Appendix-A.

R616-2-4.  Quality Assurance for Boilers, Pressure Vessels and Power Piping.
	A.  Consistent with the requirements of the Commission and its predecessor agency since May 1, 1978, all boilers and pressure vessels installed on or after May 1, 1978 shall be registered with the National Board and the data plate must include the National Board number.
	B.  Pursuant to Section 34A-7-102(2), any boiler or pressure vessel of special design must be approved by the Division to ensure it provides a level of safety equivalent to that contemplated by the Boiler and Pressure Vessel Code of the ASME.  Any such boiler or pressure vessel must thereafter be identified by a Utah identification number provided by the Division.
	C.  All steam piping, installed after May 1, 1978, which is external (from the boiler to the first stop valve for a single boiler and the second stop valve in a battery of two or more boilers having manhole openings) shall comply with Section 1 of the ASME Boiler and Pressure Vessel Code or ASME B31.1 Power Piping as applicable.
	D.  Nonstandard boilers or pressure vessels installed in Utah before July 1, 1999 may be allowed to continue in operation provided the owner can prove the equivalence of its design to the requirements of the ASME Boiler and Pressure Vessel Code.  Nonstandard boilers or pressure vessels may not be relocated or moved.
	E.  Effective July 1, 1999, all boiler and pressure vessel repairs or alterations must be performed by an organization holding a valid Certificate of Authorization to use the "R" stamp from the National Board.  Repairs to pressure relief valves shall be performed by an organization holding a valid Certificate of Authorization to use the "VR" stamp from the National Board.

R616-2-5.  Code Applicability.
	A.  The safety codes which are applicable to a given boiler or pressure vessel installation are the latest versions of the codes in effect at the time the installation commenced.
	B.  If a boiler or pressure vessel is replaced, this is considered a new installation.
	C.  If a boiler or pressure vessel is relocated to another location or moved in its existing location, this is considered a new installation.

R616-2-6.  Variances to Code Requirements.
	A.  In a case where the Division finds that the enforcement of any code would not materially increase the safety of employees or general public, and would work undue hardships on the owner or user, the Division may allow the owner or user a variance pursuant to Section 34A-7-102.  Variances must be in writing to be effective, and can be revoked after reasonable notice is given in writing.
	B.  Persons who apply for a variance to a safety code requirement must present the Division with the rationale as to how their boiler or pressure vessel installation provides safety equivalent to the safety code.
	C.  No errors or omissions in these codes shall be construed as permitting any unsafe or unsanitary condition to exist.

R616-2-7.  Boiler and Pressure Vessel Compliance Manual.
	A.  The Division shall develop and issue a safety code compliance manual for organizations and personnel involved in the design, installation, operation and maintenance of boilers and pressure vessels in Utah.
	B.  This compliance manual shall be reviewed annually for accuracy and shall be re-issued on a frequency not to exceed two years.
	C.  If a conflict exists between the Boiler and Pressure Vessel compliance manual and a safety code adopted in R616-2-3, the code requirements will take precedence.

R616-2-8.  Inspection of Boilers and Pressure Vessels.
	A.  It shall be the responsibility of the Division to make inspections of all boilers or pressure vessels operated within its jurisdiction, when deemed necessary or appropriate.
	1.  Boiler inspection frequency shall be pursuant to 34A-7-103.
	2.  Pressure Vessel inspection frequency shall be as follows:
	a.  Heat exchangers that operate from high pressure steam or high temperature water plants shall be inspected every twenty-four (24) months.
	b.  Autoclaves that operate above 15 psi steam pressure shall be inspected every twenty-four (24) months.
	c.  All other pressure vessels which fall under the jurisdiction of the Division shall be inspected every forty-eight (48) months.
	B.  Boiler inspectors shall examine conditions in regards to the safety of the employees, public, machinery, ventilation, drainage, and into all other matters connected with the safety of persons using each boiler or pressure vessel, and when necessary give directions providing for the safety of persons in or about the same.  For boilers or pressure vessels inspected by an inspector employed by the Division, the owner or user is required to freely permit entry, inspection, examination and inquiry, and to furnish a guide when necessary.  For boilers or pressure vessels inspected by a deputy inspector employed by an insurance company, the deputy inspector's right of entry on the premises where the boiler or pressure vessel is located is subject to the agreement between the insurance company and the owner or operator of the boiler or pressure vessel.  In the event an internal inspection of a boiler or pressure vessel is required the owner or user shall, at a minimum, prepare the boiler or pressure vessel by meeting the requirements of 29 CFR Part 1910.146 "Permit Required Confined Spaces" and 29 CFR Part 1910.147 "Control of Hazardous Energy (Lockout/Tagout)".
	C.  If the Division finds a boiler or pressure vessel complies with the safety codes and rules, the owner or user shall be issued a Certificate of Inspection and Permit to Operate.
	D.  If the Division finds a boiler or pressure vessel is not being operated in accordance with safety codes and rules, the owner or user shall be notified in writing of all deficiencies and shall be directed to make specific improvements or changes as are necessary to bring the boiler or pressure vessel into compliance.
	E. Pursuant to Sections 34A-1-104, 34A-2-301 and 34A-7-102, if the improvements or changes to the boiler or pressure vessel are not made within a reasonable time, the boiler or pressure vessel is being operated unlawfully.
	F.  If the owner or user refuses to allow an inspection to be made, the boiler or pressure vessels is being operated unlawfully.
	G.  If the owner or user refuses to pay the required fee, the boiler or pressure vessel is being operated unlawfully.
	H.  If the owner or user operates a boiler or pressure vessel unlawfully, the Commission may order the boiler or pressure vessel operation to cease pursuant to Sections 34A-1-104 and 34A-7-103.
	I.  If, in the judgment of a boiler inspector, the lives or safety of employees or public are or may be endangered should they remain in the danger area, the boiler inspector shall direct that they be immediately withdrawn from the danger area, and the boiler or pressure vessel be removed from service until repairs have been made and the boiler or pressure vessel has been brought into compliance.
	J.  An owner/user agency may conduct self inspection of its own unfired pressure vessels with its own employees who are owner/user agents under procedures and frequencies established by the Division.

R616-2-9.  Fees.
	Fees to be charged as required by Section 34A-7-104 shall be adopted by the Labor Commission and approved by the Legislature pursuant to Section 63J-1-301(2).

R616-2-10.  Notification of Installation, Revision, or Repair.
	A.  Before any boiler covered by this rule is installed or before major revision or repair, particularly welding, begins on a boiler or pressure vessel, the Division must be advised at least one week in advance of such installation, revision, or repair unless emergency dictates otherwise.
	B.  It is recommended that a business organization review its plans for purchase and installation, or of revision or repair, of a boiler or pressure vessel well in advance with the Division to ensure meeting code requirements upon finalization.

R616-2-11.  Initial Agency Action.
	Issuance or denial of a Certificate of Inspection and Permit to Operate by the Division, and orders or directives to make changes or improvements by the boiler inspector are informal adjudicative actions commenced by the agency per Section 63G-4-201.

R616-2-12.  Presiding Officer.
	The boiler inspector is the presiding officer referred to in Section 63G-4-201.  If an informal hearing is requested pursuant to R616-2-13, the Commission shall appoint the presiding officer for that hearing.

R616-2-13.  Request for Informal Hearing.
	Within 30 days of issuance, any aggrieved person may request an informal hearing regarding the reasonableness of a permit issuance or denial or an order to make changes or improvements.  The request for hearing shall contain all information required by Sections 63G-4-201(2)(a) and 63G-4-201(3).

R616-2-14.  Classification of Proceeding for Purpose of Utah Administrative Procedures Act.
	Any hearing held pursuant to R616-2-13 shall be informal and pursuant to the procedural requirements of Section 63G-4-203 and any agency review of the order issued after the hearing shall be per Section 63G-4-302.  An informal hearing may be converted to a formal hearing pursuant to Section 63G-4-202(3).

R616-2-15.  Deputy Boiler/Pressure Vessel Inspectors.
	A.  Purpose -- Section 34A-7-10 of the Safety Act ("the Act"; Title 34A, Chapter 7, Part One, Utah Code Annotated) permits the Division of Boiler, Elevator and Coal Mine Safety ("the Division") to authorize qualified individuals to inspect boilers and pressure vessels as "deputy inspectors."  This rule sets forth the Division's procedures and standards for authorizing deputy inspectors, monitoring their performance, and suspending or revoking such authority when appropriate.
	B.  Initial appointment of deputy inspectors.
	1.  An applicant for initial Division authorization to inspect boilers and pressure vessels as a deputy inspector must satisfy the following requirements in the order listed below:
	a.  A company insuring boilers and pressure vessels in Utah ("sponsoring employer" hereafter) must submit a letter to the Division certifying that:
	i.  the applicant is employed by the sponsoring employer; and
	ii.  the sponsoring employer requests the Division authorize the applicant to inspect boilers and pressure vessels insured by that employer;
	b.  The applicant or sponsoring employer must submit to the Division a current, valid certification from the National Board of Boiler and Pressure Vessel Certification ("National Board") that the applicant is qualified to inspect boilers and pressure vessels;
	c.  The applicant or sponsoring employer must submit an application fee of $25 to the Division;
	d.  The applicant must complete training for deputy inspectors provided by the Division;
	e.  The applicant must pass an oral examination administered by the Division pertaining to boiler and pressure vessel inspection standards and processes; and
	f.  The applicant must pass a written, closed-book examination administered by the Division on the Division's boiler/Pressure Vessel Compliance Manual, Rules, and codes adopted;
	2.  Upon successful completion of the foregoing requirements, the Division will appoint the applicant as a deputy inspector and will issue credentials to that effect.  The Division will also notify the sponsoring employer of the appointment.
	3.  Initial appointment as a deputy inspector terminates at the end of the calendar year in which such appointment is made unless a deputy inspector qualifies for reappointment under paragraph C of this rule.
	C.  Annual reappointment of deputy inspectors.
	1.  Effective January 1 of each year, the Division will renew the appointment of each deputy inspector for an additional year if the inspector satisfies the following requirements:
	a.  The individual was authorized to serve as a deputy inspector as of December 31 of the previous year;
	b.  A sponsoring employer has submitted a letter to the Division certifying that:
	i.  the individual is employed by the sponsoring employer; and
	ii.  The sponsoring employer requests the Division to reappoint that individual as a deputy inspector to inspect boilers and pressure vessels for that employer;
	c.  The individual or sponsoring employer has submitted to the Division a current, valid certification from the National Board establishing that the individual is qualified as a boiler and pressure vessel inspector;
	d.  The individual or sponsoring employer has submitted to the Division the required renewal fee of $20;
	e.  The individual has completed the Division's required training for deputy inspectors.
	2.  An individual who does not meet each of the foregoing requirements is not eligible for reappointment as a deputy inspector and must instead meet each of the requirements for initial appointment under paragraph B of this rule.
	D.  Lapse, change of employment and loss of National Board certification.
	1.  Lapse.  An individual's appointment as a deputy inspector will lapse if the individual:
	a.  Does not renew the appointment by satisfying the requirements of paragraph C of this rule;
	b.  Does not perform and submit to the Division at least one boiler or pressure vessel inspection during the previous calendar year; or
	c.  Fails to inform the Division of any change in status of employment with his or her sponsoring employer as required in the following paragraph D.2. of this rule.
	2.  Change in employment.
	a.  A deputy inspector must immediately notify the Division in writing of any change in the status of the inspector's employment with his or her sponsoring employer.
	b.  If the Division determines that an individual previously appointed as a deputy inspector is no longer employed by a company authorized to insure boilers and pressure vessels in Utah, the Division will immediately revoke that individual's appointment.
	c.  If the Division determines that a deputy inspector has changed employment to another company that insures boilers and pressure vessels in Utah, the Division will require the new employer or deputy inspector to submit the following:
	i.  A letter from the new employer:
	AA.  certifying that the individual is employed by that sponsoring employer; and
	BB.  requesting that the individual's appointment as a deputy inspector be continued;
	ii.  A current, valid certification as a boiler/pressure vessel inspector from the National Board; and
	iii.  Payment to the Division of the required fee of $20.
	3.  National Board Certification.
	a.  Every deputy inspector shall at all times hold a current valid certification as a boiler/pressure vessel inspector from the National Board.
	b.  Each deputy inspector shall immediately notify the Division if his or her National Board certification has been revoked or suspended.
	c.  If the Division has reason to believe that a deputy inspector's National Board certification has been revoked or suspended, the Division will obtain written verification from the National Board.  IF the National Board has in fact revoked or suspended the deputy inspector's certification, the Division will revoke the inspector's appointment as a deputy inspector.
	E.  Scope of authority.  Appointment as a deputy inspector has the limited effect of authorizing the deputy inspector to inspect boilers and pressure vessels insured by his or her sponsoring employer for compliance with engineering codes and other standards adopted by the Division in Utah Administrative Code Rule R616-2.  The Division expressly does not confer any other authority to deputy inspectors.  Deputy inspectors remain employees of their respective sponsoring employers and are not employees of the Division or agents of the Division for any other purpose.  A deputy inspector's right to inspect any particular boiler or pressure vessel, including the deputy inspector's right of entry on the premises where the boiler or pressure vessel is located, is subject to the agreement between the sponsoring employers and the owner or operator of the boiler or pressure vessel.  Appointment as a deputy inspector by the Division does not confer any right of entry independent from the terms of such agreement.
	F.  Inspection Standards
	1.  In inspecting any boiler or pressure vessel, a deputy inspector shall apply the standards and engineering codes adopted in Utah Administrative Code R616-2 - Boiler and Pressure Vessel Rules.
	2.  Each deputy inspector must use the Division's web-based applications to accurately record and submit all information regarding boilers and pressure vessels, including;
	a.  inspection reports;
	b.  scrapped and inactive items;
	c.  information changes other than those requiring submission of a Change of Insurance Status Form (NB4); and
	d.  a Web Issue Form (Form WIF-01) to identify any error or other issue resulting from the deputy inspector's use of the Division's web-based applications.
	G.  Quality Control.  The Division will evaluate the performance of each deputy inspector to assure compliance with the Division's standards for boiler and pressure vessel inspections.
	1.  The Division's Business Analyst will review each inspection report submitted by a deputy inspector and will report any serious errors to the Chief Boiler and Pressure Vessel Inspector ("Chief Inspector") for appropriate action.
	2.  Each year, the Chief Inspector will evaluate a sample of each deputy inspector's inspections performed during that year for compliance with Division standards.
	3.  In addition to the reviews undertaken pursuant to paragraph G.2. of this rule, the Chief Inspector will also investigate any observation or report of an inspection deficiency to determine whether the deputy inspector complied with Division standards and rules in performing and reporting the inspection.
	H.  Corrective Action, Revocation and Right to Hearing.
	1.  If the Chief Inspector concludes that a deputy inspector does not satisfy requirements of this rule for continued appointment as a deputy inspector or has performed an inspection in a manner that is inconsistent with Division standards, the Chief Inspector will submit a written report and may recommend corrective action to the Division Director.
	2.  Depending on the circumstances and the seriousness of the situation, corrective action may include;
	a.  warning letter;
	b.  requirements for additional training;
	c.  requirements for retesting;
	d.  request review by the National Board;
	e.  additional supervision; and
	f.  revocation of appointment as a deputy inspector.
	3.  The Division Director shall forward a copy of the Chief Inspector's written report and any recommendation for corrective action to the deputy inspector and the sponsoring employer.  If the deputy inspector or sponsoring employer dispute the report or recommended corrective action, the Division Director shall schedule time and place to conduct a hearing on the matter, such hearing to be conducted as an informal adjudicative proceeding under the Utah Administrative Procedures Act.  After conducting such hearing, the Division Director will issue a written decision setting forth the material facts and ordering appropriate corrective action, if any.  The Division Director shall forward a copy of the decision to the deputy inspector, sponsoring employer, and the National Board.
	4.  If the deputy inspector or sponsoring employer is dissatisfied with the Division Director's decision, the inspector or sponsoring employer may seek judicial review as provided by the Utah Administrative Procedures Act.

KEY:  boilers, certification, safety
Date of Enactment or Last Substantive Amendment:  July 8, 2019
Notice of Continuation:  August 23, 2016
Authorizing, and Implemented or Interpreted Law:  34A-7-101 et seq.