PROPOSED RULEMAKING
DEPARTMENT OF LABOR AND INDUSTRY
[34 PA. CODE CHS. 3 AND 3a]
Boiler and Unfired Pressure Vessel Regulations
[34 Pa.B. 6033] Under section 14 of the Boiler and Unfired Pressure Vessel Law (act) (35 P. S. § 1331.14), the Department of Labor and Industry (Department) is submitting a proposed rulemaking for boilers and unfired pressure vessels.
The Department proposes to delete Chapter 3 (relating to boilers and unfired pressure vessels) and to add Chapter 3a (relating to boiler and unfired pressure vessel regulations) under the act (35 P. S. §§ 1331.1--1331.19) to read as set forth in Annex A.
Statutory Authority
This proposed rulemaking is issued under section 14 of the act, which provides: ''The department may make, alter, amend or repeal regulations for the construction, stamping, installation, maintenance, repair, inspection and operation of boilers and unfired pressure vessels used or destined for use in this Commonwealth. The regulation may be based upon generally accepted national or international engineering standard, formulas and practices. . . .''
Section 11 of the act (35 P. S. § 1331.11) also mandates that the Department conduct commission examinations, renew commissions and set fees for the issuance and renewal of commissions. The Department may also suspend or revoke a commission for due cause.
Background
Boilers and pressure vessels are operated under conditions that produce and contain pressure. These vessels can pose a serious threat to life and property because a catastrophic failure of the vessel will release energy and shrapnel similar to the explosion of a bomb. The Commonwealth enacted several laws to ensure the safe manufacturing and operation of this equipment. These laws were consolidated into a single statute by the act of May 2, 1929 (P. L. 1513, No. 451) (Act 451). In 1998, the General Assembly replaced Act 451 with the act and brought the boiler and pressure vessel program up to the current National standards of safety, construction and inspection. The act's primary improvement was ensuring that the Commonwealth's program was consistent with Nationally and internationally accepted standards by requiring National Board of Boiler and Pressure Vessel Inspectors (National Board) registration of manufacturers' documents, requiring Nationally accepted standards for repairs and providing for consistent application of safety inspections for boilers.
Since the passage of the act, the Department has sought input and approval from the Boiler Advisory Board (Board). The Board was created under section 2214 of The Administrative Code of 1929 (71 P. S. § 574(g)) to provide technical advice to the Industrial Board. The Board consists of representatives from insurance underwriters, insurance inspection services, boiler manufacturers, boiler and unfired pressure vessel engineers, power generation engineers, organized labor and the Department's boiler division. The Board has reviewed several drafts of this proposed rulemaking and provided comment and input on a number of substantive issues such as the Department's fees and the manner in which the proposed rulemaking deals with beverage dispensing systems.
The Department also met with the Pennsylvania Restaurant Association, the Pennsylvania Food Merchants Association and Chart Industries concerning beverage dispensing systems.
Purpose
This proposed rulemaking is necessary to implement the improvements to the Commonwealth's boiler and pressure vessel programs in the act. The proposed rulemaking adopts ''Nationally recognized'' standards, which bring the Commonwealth's program to the most current ''state-of-the-art'' technology and safety. The proposed rulemaking identifies equipment in business locations that are included in the safety inspection program in the act and does not pertain to boilers located in single-family dwellings or multi-unit dwellings with four or fewer units. It also implements the accident reporting provisions of section 16 of the act (35 P. S. § 1331.16), provides requirements for testing and certification under section 11 of the act, provides for the revocation or suspension of commissions for due cause and sets fees. The proposed rulemaking clarifies the requirements for persons performing repairs on boilers and pressure vessels.
Summary of the Proposed Rulemaking
Subchapter A. General Provisions
§ 3a.1. Definitions.
This section provides definitions for the terms provided in the proposed rulemaking.
It provides the statutory citation for the act.
This section identifies and provides addresses for the American Gas Association (AGA), the American National Standards Institute (ANSI), the American Society of Engineers (ASME), the National Board of Boiler Inspectors (NBBI) and the National Fire Protection Association (NFPA).
It also provides information on the National standards adopted by this proposed rulemaking: ANSI/NB 23, the National Board Inspection Code; ASME Code, Rules for Construction of Power Boilers; ASME B 31.1, ASME Code for Pressure Piping; ASME/CSD1, Controls and Safety Devices for Automatically Fired Boilers; National Electric Code; and Standard Qualification Procedures of the American Welding Society, D1.1, Structural Welding Code.
It contains definitions of apparatus such as ''boiler,'' ''heat exchanger,'' ''instantaneous water heater,'' ''locomotive boiler,'' ''low pressure heating boiler,'' ''miniature boiler,'' ''nonstandard boiler,'' ''nonstandard unfired pressure vessel,'' ''Pennsylvania special boiler,'' ''Pennsylvania special unfired pressure vessel,'' ''portable boiler,'' ''power boiler,'' ''power boiler,'' ''process boiler,'' ''secondhand boiler unfired pressure vessel,'' ''standard boiler or unfired pressure vessel,'' ''steam coil vessel,'' ''storage water heater,'' ''unfired pressure vessel'' and ''unfired steam boiler.''
§ 3a.2. Fees.
This section sets out the fees for references in section 613-A of The Administration Code of 1929 (71 P. S. § 240.13A), which establishes fees for commissions, certificates of operation and inspections. The fees are enumerated because they were increased by statutory amendment to The Administrative Code of 1929. This section also establishes a fee for an application for an Industrial Board variance. The fee is consistent with the variance application fee in § 401.2(h) (relating to Department fees).
§ 3a.3. Scope.
The proposed rulemaking applies to the boiler and pipe connections up to the stop valves and unfired pressure vessels. The proposed rulemaking does not apply to residential occupancy; piping between reheaters connections; boiler and unfired pressure vessels owned and operated by the Federal government; boilers on farms, certain storage water heaters and instantaneous water heaters; unfired pressure vessels used in interstate commerce; coil-type hot water boilers which meet ASME Code standards; and certain air tanks. These exemptions are based on the statute and ASME Code exemptions.
Boilers installed prior to July 1, 1916, and unfired pressure vessels and power boilers installed prior to September 1, 1937, are regulated by Subchapters E--G (relating to boilers installed prior to July 1, 1916, and unfired pressure vessels and power boilers installed prior to September 1, 1937; low pressure heating boilers installed prior to July 1, 1916; and unfired pressure vessels installed prior to September 1, 1937). These boilers and unfired pressure vessels were installed in this Commonwealth before the enactment of any applicable legislation.
§ 3a.4. Adoption of National standards.
This section states that the Department adopts ANSI/NB23, ASME Code and its published cases and interpretations, ASME B 31.1, ASME/CSD1, National Electric Code and NFPA 85 as part of this proposed rulemaking.
§ 3a.5. Examinations for inspector commission.
This section establishes the examination cycle for National Board inspector examinations. This section further requires an applicant for a boiler inspection commission to meet National Board rules and regulations and education and experience requirements.
This section also requires applicants to pass the Pennsylvania Certificate of Competency examination, which is based on the act, this proposed rulemaking and the ASME Codes with a grade of 70% or more before conducting inspections of boilers and unfired pressure vessels in this Commonwealth. The Department will use the National Board application for the Pennsylvania Certificate of Competency application. An applicant must meet one of the following educational and experience requirements: a 4-year degree in mechanical or chemical engineering and 1 year experience in the design, construction, inspection or repair of boiler or pressure vessels; a 2-year degree in mechanical or chemical engineering and 2 years experience in the design, construction, inspection or repair of boilers or pressure vessels; or a high school diploma or GED and 3 years as a high pressure boiler operator in charge or 3 years in the construction, repair or inspection of high pressure boilers or vessels.
§ 3a.6. Certificates of competency, commissions, credential card and renewal application.
This section establishes the requirements for a certificate of competency, credential card and commission. To receive a certificate of competency and credential card, the applicant must meet the NBBI standards, pass an examination and pay the appropriate fee. This section also establishes an annual renewal for commissions and credential cards. To renew a certificate and credential card, the applicant must submit a renewal application and pay the appropriate fee.
§ 3a.7. Reexamination.
This section allows an applicant for examination to take the examination three times in a 1-year period. This section requires an additional application and examination fee after three failed examinations.
§ 3a.8. Reciprocity.
This section allows the Department to grant a reciprocal commission to an inspector who holds a National Board commission and is currently employed by another state or an insurance company, upon passing a Department-administered written examination on the act.
§ 3a.9. Suspension or revocation of boiler inspection commission.
This section establishes that the Department may initiate an action to suspend or revoke a boiler inspector's commission for due cause. Due cause will consist of the following: practicing fraud or deceit or making untrue representations in obtaining a commission; failing to remit the required commission fee; violating the act or this chapter; incompetence or gross negligence; acting in a manner presenting a danger to public health and safety; having a commission or any other authorization to engage in the business of boiler inspection revoked or suspended or having other disciplinary action taken or an application for a commission or authorization to engage in the business of boiler inspection refused or denied by the National Board, the proper authority of another state or Federal district, territory or insular possession of the United States; engaging in fraud, deceit or an act of moral turpitude while acting as a boiler inspector; failing to enforce the act or this chapter; and engaging in activities of a commissioned boiler inspector without a current commission issued by the Department.
This section provides the Department's procedure for suspension or revocation, and the notice and hearing provisions for suspension or revocation according to 2 Pa.C.S. (relating to administrative law and procedure) and 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure).
Subchapter B. Requirements for Boilers and Unfired Pressure Vessels
§ 3a.21. Stamping.
This section requires ASME stamping and a registration number on boilers and unfired pressure vessels destined for use in this Commonwealth. This section allows stamping of a Pennsylvania special number on boilers and unfired pressure vessels that are not built to ASME Code standards and which meet the requirements of section 7(b) of the act (35 P. S. § 1331.7(b)). This section also allows the use of boilers and unfired pressure vessels with a registration number from another state if a National Board inspector inspects the boiler or vessel during construction. Registration and stamping is not required for cast iron boilers constructed under ASME code provisions.
This section requires the stamping to be exposed. It may not be concealed by paint or lagging.
§ 3a.22. Other state stamps.
This section allows a boiler with the stamp of another state to be installed and operated in this Commonwealth, if a National Board-commissioned inspector witnessed its construction and the stop data report is provided to the Department.
§ 3a.23. Lap seam crack.
This section requires that a boiler or unfired pressure vessel in which a lap seam crack is discovered along a riveted joint be immediately taken out of service. Also, repairs may not be made without Department approval.
§ 3a.24. Boiler controls.
This section provides that boilers must be installed in accordance with ASME/CSD 1, NFPA 8501 and maintained in accordance with ANSI/NB 23.
§ 3a.25. Pressure reducing stations.
This section provides standards for installation and use of pressure reducing stations and valves. The provisions of ASME B 31.1 govern the installation of pressure reducing stations. This section allows hand-controlled by-passes to be used around reducing valves under certain circumstances. It also allows a pressure gauge to be installed at the low-pressure side of a reducing valve.
§ 3a.26. Valves and safety devices.
This section requires that a boiler or unfired pressure vessel to comply with § 3a.152 (relating to safety appliances) before it is placed in service.
This section provides standards for the use, resealing and repairs of valves and safety devices. This section requires a company holding a ''VR'' stamp to perform the resetting, resealing and repair of safety and relief valves. It provides that safety and relief valves may not be loaded to maintain working pressures in excess of certificate of operation maximum allowable working pressures. Additional or supplemental safety or relief valves may exceed the maximum working pressure if the valves comply with the applicable code of construction or this regulation.
§ 3a.27. Different working pressures.
This section provides for the range of settings for pressure valves on boilers. It requires that at least one safety valve on each boiler be set at or below the maximum allowable working pressure. This section also establishes safety requirements when a boiler has units with different maximum allowable working pressures which vary more than 6%.
§ 3a.28. Blowoff tanks.
This section establishes standards for blowoff tanks. Blowoff tanks are required when conditions do not provide an adequate and safe open discharge. This section includes standards for discharge, piping, vents, valves and access openings. It also allows for the use of blowoff tanks that are not vented under certain circumstances. Metal blowoff tanks must comply with ASME, Section VII, Division 1.
§ 3a.29. Discharge outlets.
This section provides for the discharge outlets. The discharge of safety valves in boilers that generate in excess of 500 pounds of steam per hour must be piped to the outside atmosphere and to a safe point of discharge.
§ 3a.30. Electric boilers.
This section establishes safety appliance requirements for electric boilers. It requires grounding cables, a screen around high-tension bushings, safety or relief valve capacity and boiler shell grounding connectors. It also requires that the power circuit and the power line be open during adjustments.
§ 3a.31. Forced circulation boilers.
This section provides that forced circulation boilers and boilers with no fixed steam or waterline meet the requirements of ASME Code, Section 1.
§ 3a.32. Supports.
This section provides that boiler and unfired pressure vessels will be supported by masonry or structural supports. It also requires air compressor vessels to be shock mounted.
§ 3a.33. Explosion doors.
This section requires stoker coal fired boilers under positive pressure to be equipped with explosion doors to relieve furnace pressure. The explosion doors must be in the wall setting within 7 feet of the firing floor or any platform. This section also requires that the explosion door be provided with substantial deflectors to divert the blast away from personnel.
§ 3a.34. Ventilation for combustion equipment.
This section requires adequate air to support combustion for equipment.
§ 3a.35. Ladders and runways.
This section provides standards for the construction of walkways, runways, platforms, stairways and ladders between, over and around boilers.
Walkways, runways and platforms must be made of metal by bolt, weld or rivet which must be constructed between or on top of boilers that are higher than 8 feet. The structures must have safety treads, standard grating or similar material of a 30-inch minimum width and 42-inch high handrails with an intermediate rail and a 6-inch toeboard.
This section provides that a stairway used as means of access to a walkway, runway or platform must not exceed an angle of 45 degrees.
This section provides that a ladder used as a means of access to a walkway, runway or platform must be metal. This section also provides rung construction standards. Only welders qualified under the Standard Qualification Procedures of the American Welding Society may weld walkways, runways, platforms and ladders.
§ 3a.36. Clearances.
This section establishes minimum clearance requirements between and around boilers and unfired pressure vessels. It provides special clearance provisions for multiple boiler installations in new buildings, pressure vessels of factory assembled package units, wall hung boilers, modular systems, miniature boilers and commercial beverage dispensing systems.
§ 3a.37. Special design.
This section requires owners and operators to submit construction specifications and plans for Department approval prior to the installation of boilers and unfired pressure vessels of special design. Specially designed boilers and unfired pressure vessels may not be operated in this Commonwealth without Department approval.
§ 3a.38. Commercial beverage dispensing systems.
This section reduces the clearance requirements for commercial beverage dispensing systems. Clearance of 18 inches is required for 50% of each vessel surface. The remaining portion of the vessel may have a 1-inch clearance.
§ 3a.39. Manufactured parts.
This section requires that parts manufactured for boilers and pressure vessels be manufactured and stamped in accordance with the ASME Code. It also requires that data reports are to be furnished in accordance with the ASME Code.
§ 3a.51. Compliance with the ASME Code for power boilers.
This section requires power boilers to comply with National standards, specifically, section 1 of the ASME Code, ASME/CSD1 and NFPA 85.
§ 3a.61. Compliance with the ASME Code for low-pressure boilers.
This section requires low-pressure heating boilers to comply with National standards, specifically, section IV of the ASME Code and ASME /CSD 1.
§ 3a.62. Registration and installation.
This section provides the registration and installation requirements for low-pressure steel heating boilers and low-pressure cast iron boilers. It further requires that boilers be hydrostatically tested at the time of installation.
§ 3a.71. Compliance with the ASME Code for installations of unfired pressure vessels.
This section requires installations of unfired pressure vessels to comply with either section VIII or section X of the ASME Code.
§ 3a.81. Major repairs and alterations.
This section establishes the requirements for repairs and alterations for boilers or unfired pressure vessels. It requires consultation with commissioned inspectors on major repairs. This section requires a manufacturer holding the appropriate ASME Code stamp to make alternations to a boiler or vessel. It also requires a manufacturer holding an ASNI/NB23 stamp to make alternations to a boiler or vessel.
This section requires that all welds must be documented on a Pennsylvania Record of Welded Repair form or an R-1 form. It also requires vessel owners and users to immediately notify the Department when a safety defect is discovered.
§ 3a.82. Reconstruction and repair.
This section requires the reconstruction or repair of boilers or unfired pressure vessels meet the requirements of ANSI/NB 23. It further requires that a commissioned inspector approve all repairs.
§ 3a.83. Repairs by welding.
This section establishes the requirements for welded repairs on boilers and unfired pressure vessels. It requires the performance of welding in accordance with National standards. A commissioned inspector may pre-approve routine weld repairs.
Subchapter C. Administration
§ 3a.91. Certificates of operation.
This section establishes the issuance and renewal of a boiler or unfired pressure vessel certificate of operation. This section also requires the owner or operator to post the certificate in a visible location as close to the boiler or unfired pressure vessel as possible.
§ 3a.92. Unsafe operation.
This section provides the Department will suspend a certificate of operation for any boiler or unfired pressure vessel that is unsafe to operate.
§ 3a.93. Insurance notification.
This section requires the owner or operator to notify the Department when insurance is written, cancelled, not renewed or suspended on a boiler or unfired pressure vessel. It allows the owner or operator to submit this notification with the next required inspection report.
§ 3a.94. Accident notification.
This section requires an owner or user to notify the Department within 24 hours after an accident occurs which renders the boiler or unfired pressure vessel inoperative, or when an explosion occurs. This section allows notification by telephone, fax, e-mail or messenger. It also prohibits the moving of the vessel or its parts until a Department inspection occurs, unless the moving is necessary to prevent harm to persons or property.
§ 3a.95. Restamping.
This section establishes the requirements for restamping a boiler or unfired pressure vessel. This occurs when the original stamping becomes indistinct or detached. This section further requires that only a Department inspector may restamp a vessel.
§ 3a.96. Condemnation.
This section establishes the stamping requirements for a boiler or unfired pressure vessel found unsafe for operation by a Department inspector. This section further provides that only a Department inspector may remove this stamping when the boiler or unfired pressure vessel has been restored or repaired to comply with this proposed rulemaking.
§ 3a.97. Removal from service.
This section requires the vessel owner or user to notify the Department when a vessel is removed from service for repair or alteration.
§ 3a.98. Reinstallation.
This section requires a boiler or unfired pressure vessel that is moved and reinstalled to comply with this proposed rulemaking upon reinstallation. This section further requires the owner or user to notify the Department of the new location of boiler or unfired pressure vessel within 10 days. It also requires inspection of the boiler or unfired pressure vessel be inspected before it is placed into service.
§ 3a.99. Plan approval.
This section requires a boiler owner to submit an intent-to-install form or other data showing that the equipment complies with the act and this proposed rulemaking before boiler installation. This section requires Department plan approval before a boiler can be installed. The plans must show a floor plan, section of the boiler room, proposed location of boiler parts and devices, exit ways, walkways and all clearance dimensions.
§ 3a.100. Notice of deficiency.
This section establishes the procedures the Department will follow if an inspection reveals a violation of the act or this proposed rulemaking. The Department will first issue a written notice of deficiency, a description of the violations and an order requiring correction of the violations and repairs within 30 days to the vessel owner. The Department will send a certification form with the notice and order. The owner shall complete the certification form and return it to the Department when the violations have been corrected.
If the unfired pressure vessel owner or operator does not correct the deficiency within the period of time allowed in the notice of deficiency, the Department may initiate action to seal the boiler or unfired pressure vessel by issuing an order to show cause to the boiler or unfired pressure vessel owner or operator. The owner or operator shall submit a written answer within 30 days. The answer may contain a request for a variance or an extension of time for compliance. A timely filed request for variance or extension of time, or an appeal will act as a stay to an enforcement action.
The Department will inspect the boiler or unfired pressure vessel at the expiration of an extension of time or other time period granted for compliance under this section. If violations still exist, the Department may seal the boiler or unfired pressure vessel. The Department will serve the seal order upon the owner or operator by certified mail or personal service.
If the owner does not comply with the order within 30 days and does not appeal the order to show cause, the Department will issue a notice to discontinue operation of the vessel owner within 24 hours. The vessel cannot be returned to service until the violations have been corrected.
§ 3a.101 Appeals.
This section states that appeals to a notice of deficiency or notice to discontinue must be appealed to the Industrial Board within 30 days of issuance. The Industrial Board is required to hold a hearing on the appeal within 45 days and establishes the standards under which an appeal, variance or extension of time may be granted.
Subchapter D. Inspections
§ 3a.111. Field inspections.
This section establishes the frequency of internal and external inspections for different types of boilers and unfired pressure vessels. External and internal inspection of power boilers and process boilers while not under pressure must be conducted every 12 months. Internal and external inspection of low-pressure steam vapor boilers that are not under pressure and of low-pressure boilers in schools must be conducted every 24 months. An inspector may require internal inspection because of a vessel's age or condition.
External inspection of hot water supply boilers must be conducted every 24 months. External inspection of hot water supply boilers will be conducted every 24 months. Internal inspections will be conducted every 48 months. External inspections of cast iron boilers will be conducted every 24 months and will include an internal inspection of the firebox. Unfired pressure vessels will be inspected every 36 months.
This section further allows for the extension of inspection periods for certain vessels if certain maintenance and operation criteria are met.
§ 3a.112. Inspection preparation.
This section requires that boilers and unfired pressure vessels will be prepared for internal inspection in accordance with ANSI/NB23. It further provides that an inspector may decline inspection if the vessel is not properly prepared. The Department will issue a certificate of operation when a vessel passes an inspection.
§ 3a.113. Inspection accessibility.
This section requires that unfired pressure vessels installed or reinstalled underground after the effective date of this proposed rulemaking will be installed in a manner that allows for external inspection of the vessel.
§ 3a.114. Removal of covering for inspection.
This section requires that a portion of the jacket on a covered boiler or unfired pressure vessel will be removed so the inspector can view the size of the rivets, pitch of the rivets and other data necessary to determine the safety of the boiler or unfired pressure vessel during inspection.
§ 3a.115. Hydrostatic pressure test.
This section establishes the maximum allowable pressures for the performance of hydrostatic pressure tests. It also requires that the pressure must be under proper control at all times during testing. This section further establishes the minimum and maximum allowable temperature of the water used to apply a hydrostatic test.
§ 3a.116. Inspection during construction.
This section establishes that inspection during construction for cast iron boilers will be in accordance with ASME Code requirements.
§ 3a.117. Inspection report.
This section establishes reporting requirements for commissioned inspectors. It requires that the inspector submit a copy of each boiler or unfired pressure vessel inspection report to the Department within 30 days of the inspection.
Subchapter E. Boilers Installed Prior to July 1, 1916, and Unfired Pressure Vessels and Power Boilers Installed Prior to September 1, 1937
§ 3a.131. Allowable working pressure.
This section states that the ASME Code will determine allowable working pressure.
§ 3a.132. Fusible plugs.
This section requires that fire-actuated fusible plugs conform to the requirements of sections A19--A21, Appendix A, Section 1 of the ASME Code. The plugs will be replaced annually.
§ 3a.133. Repair and replacement.
This section requires that repairs or replacements to fittings or appliances comply with the requirements for installations in the ASME Code and ASME/CSD1.
§ 3a.134. Weighted safety valves.
This section prohibits the use of weighted safety values.
Subchapter F. Low Pressure Heating Boilers Installed Prior to July 1, 1916
§ 3a.141. Riveted boilers.
This section establishes that the ASME Code will determine the maximum allowable working pressure of the shell of a riveted heating boiler. It also establishes the maximum allowable working pressure of a steam heating boiler, 15 psig, and of a hot water boiler, 160 psig at a temperature not exceeding 250°F.
§ 3a.142. Welded boilers.
This section establishes that the maximum allowable working pressure on the shell of a welded steel or wrought iron heating boiler cannot exceed the requirements in ASME Code, Section IV.
§ 3a.143. Cast iron boilers.
This section establishes the maximum allowable working pressure at psig on the shell of a cast iron boiler and a boiler having a cast iron shell or heads and steel or wrought iron tubes.
§ 3a.144. Safe pressure.
This section allows a commissioned inspector to reduce the operating pressure of an unsafe boiler based upon the remaining thickness of the pressure boundaries and the requirements of the code of construction.
§ 3a.145. Stop steam valves.
This section requires that a boiler equipped with a steam stop valve contain a check valve in the return line. This section also requires that a heating system equipped with a steam stop valve should have a check valve in the condensate return pipe.
Subchapter G. Unfired Pressure Vessels Installed Prior to September 1, 1937
§ 3a.151. Maximum allowable working pressure.
This section provides the formula for the calculation of the maximum allowable working pressure on the shell of a pressure vessel installed prior to September 1, 1937. The Department placed the full equation in the this proposed rulemaking because it is not readily available in published materials. The formula for this calculation is based on the 1971 edition of section 1 of the ASME. This formula is also reprinted in Appendix C of the NBIC, 2001 edition. This section also provides that the maximum allowable working pressure cannot be increased. This section sets values for tensile strength of steel shell plate and resistance of crushing of mild steel and other values to be used in calculating the maximum allowable working pressure.
This section also sets out the maximum permissible working pressure safety factors.
§ 3a.152. Safety appliances.
This section requires pressure vessels to be protected by safety and relief devices, and indicating and controlling devices. It establishes the requirements for these devices. This section requires safety valves for vapors, other than noxious liquids or toxic vapors, to be direct spring-loaded type valves designed with substantial lifting devices. It requires each safety valve to have a marking identifying the manufacturer, pipe size, pressure, blow down and difference between the opening and closing pressures.
This section also allows existing valves bearing different stampings with equivalent construction and relieving capacity to be used. It allows the use of more than one safety valve and calculates the discharge capacity by the combining capacity of all safety valves.
This section requires a safety device to be connected to the vessel in a manner to prevent a rise in pressure beyond the maximum allowable pressure when the vessel's pressure is derived from an outside source.
This section also requires that when pressure may be generated in a vessel, the vessel must have a safety device or devices connected directly to the vessel and meet the following requirements: (1) the safety valve or valves may be connected in a manner to avoid interference with the operation of the vessel or the safety valve; (2) an escape pipe may be used; and (3) an elbow may be placed on an escape pipe if it is located close to the safety valve outlet or the escape pipe is securely anchored and supported.
This section requires that every safety valve which is exposed to a temperatures of 32°F or below have a drain at the lowest point where water can collect. It requires a spring in a safety or relief valve in service for pressures up of 250 psig or more. It requires that safety valves for compressed air tanks may not be larger than 3 inches in diameter.
This section allows a rupture disk to be used as a pressure safety device on vessels containing nontoxic gases. It requires safety valves on systems using toxic gases to discharge in accordance with the ASME Code, Section VIII, Division 2.
This section prohibits the use of safety valves with a cast iron seat or disk.
§ 3a.153. Pipe connections and fittings.
This section provides that the general arrangement of piping will be designed to reduce vibration, expansion and drainage and provide adequate support at the proper points. This section also provides that the ASME code of construction governs repairs of existing high-pressure/temperature piping systems installed before 1998.
§ 3a.154. Repair and renewal.
This section establishes that repairs made to fittings and controls be made in accordance the ASME Code and ASME/CSD1.
Subchapter H. Special Installations
§ 3a.161. Modular boilers.
This section establishes the requirements for installations of modular boilers. It establishes clearance and boiler controls requirements. It further requires that high-pressure steam and high temperature hot water piping should be designed and installed in accordance with ASME B31.1.
§ 3a.162. Portable boilers.
This section establishes the requirements for portable boilers. It provides stamping and clearance requirements for portable boilers. It provides that a portable boiler may be mounted in covered trailers if certain conditions are met. This section further provides that Department approval must be obtained before a portable boiler is moved and placed in service.
§ 3a.163. Fired coil water heaters and instantaneous water heaters.
This section establishes installation standards for fired coil water heaters.
§ 3a.164. Storage water heaters.
This section establishes installation standards for storage water heaters. It requires that temperature controls be designed not to exceed 210°F.
§ 3a.165. Steam/hot water coil storage water heater.
This section establishes design and construction standards and additional control requirements for steam/hot water coil storage water heaters. This section also provides that temperature controls must be designed to not exceed 210°F.
§ 3a.166. Miniature boilers and kitchen equipment.
This section establishes manufacturing and boiler control standards for miniature boilers. A miniature boiler must be manufactured under the ASME ''S,'' ''H'' or ''M'' Code. Those manufactured under the ASME ''S'' and ''H'' Codes must be stamped with a National Board registration number. This section also requires that a miniature boiler must be installed so that the sight glass and pressure gauge are always visible during operation. It requires that the discharge from safety valves be piped to a safe point.
§ 3a.167. Hot water/steam heat exchangers.
This section requires that heater exchangers be manufactured to ASME Code requirements. Over-pressure protection must be adequate to protect both systems and set a maximum temperature for exchangers used in domestic hot water supply.
§ 3a.168. Autoclaves and quick opening vessels.
This section establishes inspection standards for autoclaves and quick opening vessels. It also requires autoclaves and quick opening vessels to have interlocking systems to prevent the charging of the vessel until all openings and locking devices are fully in place.
This section further requires pressure-relieving devices to be sized in accordance with the data plate for pressure.
§ 3a.169. Fuel trains and piping systems.
This section requires piping of low-pressure steam systems and hydronic piping systems in accordance with the ''International Mechanical Code.''
This section also requires high-pressure steam and high temperature hot water piping to be designed and installed in accordance with ASME B31.1. Fuel trains and piping must be installed in accordance with ASME/CSD1. It also establishes that the code of construction governs the repair of high pressure/temperature systems installed before 1998.
§ 3a.170. Swimming pool heaters.
This section relates to swimming pool heaters as instantaneous water heaters and requires the heaters to meet the construction requirements of ASME Code, Section IV and the control requirements of ASME/CSD1. This section allows piping of pool heaters with polyvinyl chloride material rated for the pressure and temperature of the heater after the isolation valves.
§ 3a.171. Locomotive boilers.
This section requires new installations for boilers of locomotives to meet the requirements of ASME Code, Section 1.
Affected Persons
This proposed rulemaking affects boiler owners and operators and current and prospective boiler inspectors including Department inspectors. Pool owners utilizing boilers regulated under the act will also be affected. The general public is also affected in that updating the regulation of boilers and unfired pressure vessels to current National standards will increase public safety.
Fiscal Impact
The Commonwealth will incur no additional cost under this regulation. The costs will be similar to costs now incurred by the Department's boiler and unfired pressure vessel inspection and inspector certification program. Increases in administrative, inspection and enforcement activities are not anticipated.
Reporting, Recordkeeping and Paperwork Requirements
This proposed rulemaking will not require the creation of new forms and reporting requirements except for possible updates of the present forms.
Sunset Date
A sunset date is not appropriate for this proposed rulemaking. However, the Department will continue to monitor the impact and effectiveness of the rulemaking.
Effective Date
This proposed rulemaking will take effect upon final-form publication in the Pennsylvania Bulletin.
Contact Person
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed rulemaking to Edward Leister, Administrator, Bureau of Occupational and Industrial Safety, Department of Labor and Industry, Room 1613, Labor and Industry Building, 7th and Forster Streets, Harrisburg, PA 17120, eleister@state.pa.us within 30 days of publication in the Pennsylvania Bulletin.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on October 21, 2004, the Department submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate Committee on Labor and Industry and the House Labor Relations Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Department, the General Assembly and the Governor of comments, recommendations or objections raised.
STEPHEN M. SCHMERIN,
SecretaryFiscal Note: 12-58. No fiscal impact; (8) recommends adoption.
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