GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 556

Short Title:  Amend Boiler & Pressure Vessel Act.	(Public)
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Sponsors: Representative Bowman.
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Referred to:  Business and Labor.
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March 25, 1993

A BILL TO BE ENTITLED
AN ACT TO MAKE TECHNICAL AND OTHER CHANGES TO THE UNIFORM BOILER AND PRESSURE VESSEL ACT.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 95-69.9 reads as rewritten:
"§ 95-69.9.  Definitions.
(a)	The term 'board' shall mean the North Carolina Board of Boiler and Pressure Vessel Rules;
(b)	The term 'boiler' shall mean a closed vessel in which water is heated, steam is generated, steam is superheated, or any combination thereof, under pressure or vacuum for use externally to itself by the application of heat from the combustion of fuels, or from electricity or nuclear energy. This term 'boiler' shall also include fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and are complete within themselves;
(c)	The term 'Commissioner' shall mean the North Carolina Commissioner of Labor;
(d)	The term 'Director' shall mean the individual appointed by the Commissioner to hold the office of Director of the Boiler and Pressure Vessel Division within the Department of Labor;
(e)	The term 'inspection certificate' shall mean certification by  the Director that a boiler or pressure vessel is in compliance with the rules and regulations adopted under this Article;
(f)	The term 'inspector's commission' shall mean a written authorization by the Commissioner for a person who has met the qualifications set out in this Article to conduct inspections of boilers and pressure vessels;
(g)	The term 'pressure vessel' shall mean a vessel in which the pressure is obtained from an indirect source or by the application of heat from an indirect source or a direct source, other than those included within the term 'boiler'."
Sec. 2. G.S. 95-69.10 reads as rewritten:
"§ 95-69.10.  Application of Article; exemptions.
(a)	This Article shall apply to all boilers and pressure vessels constructed, used, or designed for operation in this State including all new and existing installations which are operated in connection with business buildings, institutional buildings, industrial buildings, assembly buildings, educational buildings, public residential buildings, recreation buildings, other public buildings, and water supplies.  This Article shall also apply to boilers and hot water supply tanks, and heaters located in hotels, motels, tourist courts, camps, cottages, resort lodges, and similar places whenever the owner or operator advertises in any manner for transit patronage, or solicits such business for temporary abode by transit patrons.
(b)	This Article shall not apply to:
	(1)	Boilers and pressure vessels owned and/or operated by the federal government;
	(2)	Pressure vessels used for transportation or storage of compressed gases when constructed in compliance with the specifications of the United States Department of Transportation and when charged with gas marked, maintained, and periodically requalified for use, as required by appropriate regulations of the United States Department of Transportation;
(3)	To portable pressure vessels used for agricultural purposes only or for pumping or drilling in an open field for water, gas or coal, gold, talc, or other minerals and metals;
	(4)	Boilers and pressure vessels which are located in private residences or in apartment houses of less than six families;
	(5)	Pressure vessels used for transportation or storage of liquified petroleum gas;
	(6)	Air tanks located on vehicles licensed under the rules and regulations of other state authorities operating under rules and regulations substantially similar to those of this State and used for carrying passengers or freight within interstate commerce;
	(7)	Air tanks installed on right-of-way of railroads and used directly in the operation of trains;
	(8)	Pressure vessels that do not exceed five cubic feet in volume and 250 PSIG pressure; or one and one-half cubic feet in volume and 600 PSIG pressure; or an inside diameter of six inches with no limitations on pressure;
	(9)	Pressure vessels operating at a working pressure not exceeding 15 PSIG pressure;
	(10)	Pressure vessels with a nominal water capacity of 120 gallons or less and containing water under pressure at ambient temperature, including those containing air, the compression of which serves as a cushion;
	(11)	Boilers and pressure vessels on railroad steam locomotives that are subject to federal safety regulations;
(11a)	Pressure vessels containing water at a temperature not exceeding 110 degrees fahrenheit;
(12)	Repealed by Session Laws 1985, c. 620, s. 2, effective July 5, 1985.
(13)	Coil type hot water supply boilers, generally referred to as steam jennies, where the water can flash into steam when released directly to the atmosphere through a manually operated nozzle, and where adequate safety relief valves and controls are provided, provided the following limitations are not exceeded:
a.	There is no drum, header, or other steam space;
b.	No steam is generated within the coil;
c.	Maximum 1 inch tube size;
d.	Maximum 3/4 inch nominal pipe size;
e.	Maximum 6 gallon nominal water storage capacity; and
f.	Water temperature of 350 degrees fahrenheit.
(c)	The construction and inspection requirements established by  the Department of Labor shall not apply to hot water supply boilers which are directly fired with oil, gas or electricity, or hot water supply tanks heated by steam or any other indirect means, which do not exceed any of the following limitations:
(1)	Heat input of 200,000 BTU HR;
(2)	Water temperature of 200 degrees F;
	(3)	Nominal water capacity of 120 gallons; provided that they are equipped with ASME Code and National Board certified safety relief valves.
(d)	The construction requirements established by the Department of Labor shall not apply to pressure vessels installed in this State prior to December 31, 1981, that:
	(1)	Are of one-piece, forged construction and have no weldments;
	(2)	Are constructed before January 1, 1981, and operating or could be operated, under the laws of any state that has adopted one or more sections of the ASME Code;
	(3)	Are transferred into this State without a change of ownership; and
	(4)	Are determined by the Director to be constructed under standards substantially equivalent to those established by the department at the time of transfer; provided that they are equipped with ASME Code and National Board certified safety relief valves.
(e)	The construction requirements established by the Department of Labor shall not apply to pressure vessels installed in this State prior to December 31, 1984, that:
	(1)	Are manufactured from gray iron casting material, as specified by the American Society for Testing and  Materials, (ASTM) 48- 60T/30;
	(2)	Are constructed before December 31, 1967, and operating or could be operated, under the laws of any state or Canadian Province that has adopted one or more sections of the ASME Boiler and Pressure Vessel Code;
	(3)	Are transferred into this State without a change of ownership; and
	(4)	Are determined by the Director to be constructed under standards substantially equivalent to those established by the department at the time of transfer; provided that they are equipped with ASME Code and National Board certified safety relief valves."
Sec. 3.  G.S. 95-69.11 reads as rewritten:
"§ 95-69.11.  Powers and duties of Commissioner.
The Commissioner of Labor is hereby charged, directed, and empowered:
(1)	To adopt, modify or revoke rules and regulations governing the construction, operation and use of boilers and pressure vessels, including, where necessary, requirements for fencing to prevent unauthorized persons from coming in contact with boilers and pressure vessels or the systems they are connected to;
(2)	To supervise the office of the Director of Boiler and Pressure Vessel Division;
(3)	To enforce rules and regulations adopted under authority of this Article;
(4)	To inspect boilers and pressure vessels covered under this Article;
(5)	To issue inspection certificates to those boilers and pressure vessels found in compliance with this Article;
(6)	To enjoin violations of this Article in the civil and criminal courts of this State;
(7)	To keep adequate records of the type, dimensions, age, conditions, pressure allowed upon, location and date of the last inspection of all boilers and pressure vessels to which  this Article applies;
(8)	To require such periodic reports from inspectors, owners, and operators of boilers and pressure vessels as he deems appropriate in carrying out the purposes of this Article;
(9)	To have free access, without notice, to any location in this State, during reasonable hours, where a boiler or pressure vessel is being built, installed, or operated for the purpose of ascertaining whether such boiler or pressure vessel is built, installed or operated in accordance with the provisions of this Article;
(10)	To investigate serious accidents involving boilers and pressure vessels to determine the causes of such accident(s), and he shall have full subpoena powers in conducting said investigation;
(11)	To establish reasonable fees for the inspection and issuance of inspection certificates for boilers and pressure vessels;
(12)	To establish reasonable fees for the examination and certification of inspectors;
(13)	To appoint qualified individuals to the Board of Boiler and Pressure Vessel Rules.
(14)	To perform, upon request, inspections during the construction and repair of boilers and pressure vessels in accordance with the standards incorporated in the rules pursuant to this Article, including the qualification audits for issuance of the applicable certification, and the establishment and collection of fees for these activities."
Sec. 4. G.S. 95-69.16 reads as rewritten:
"§ 95-69.16.  Inspections; report, certificates, fees.
(a)	All boilers and pressure vessels subject to the provisions of this Article shall be inspected by an authorized inspector, as set out in G.S. 95-69.15, at such intervals and by such methods as the Commissioner may from time to time prescribe by regulation.  In determining the frequency with which various categories of boiler and pressure vessels shall be inspected, the Commissioner shall give due consideration the hazard involved and need for protection of the public.  Methods of inspection must provide an adequate procedure to insure the safety of individuals likely to be injured by an explosion or accident involving a boiler or pressure vessel.
(b)	Inspection, issuance of inspection certificates, and collection of fees shall be by such procedures and methods prescribed by the rules adopted pursuant to this Article.
(c)	No boiler or pressure vessel may be operated without an inspection certificate, except pressure vessels being operated under owner-user provision where administrative procedures of equal safety and competency have been approved by the Board and Commissioner.  No more than 60 days grace period may be granted beyond the certificate expiration date.  ."
Sec. 5.  G.S. 95-69.17 reads as rewritten:
"§ 95-69.17.  Administrative and judicial review of decisions.
(a)	A final decision to suspend or revoke an inspector's commission or inspection certificate shall be made in accordance with Chapter 150B of the General Statutes.
(b)	A final decision to deny an application for a certificate of competency or to refuse to issue or renew an inspection certificate shall be made in accordance with Chapter 150B of the General Statutes.  In a contested case under this subsection, the decision of the Director shall not be stayed pending administrative review.
(c)	Article 4 of Chapter 150B of the General Statutes governs judicial review of a final decision in a contested case."
Sec. 6. This act is effective upon ratification.