Subchapter A. GENERAL PROVISIONS
Sec.
3a.l. Definitions.
3a.2. Fees.
3a.3. Scope.
3a.4. Adoption of National standards.
3a.5. Pennsylvania Inspector Commission and National Board Commission.
3a.6. Certificate of competency, commission, credential card and renewal application.
3a.7. Reexamination.
3a.8. Reciprocity.
3a.9. Suspension or revocation of Pennsylvania inspector commission.§ 3a.l. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
AGA—American Gas Association, 400 North Capital Street, NW, Washington, D.C. 2001.
ANSI—American National Standards Institute, 1430 Broadway, New York, New York 10018.
ANSI/NB23—National Board Inspection Code, 2004 edition, issued by the National Board of Boiler and Pressure Vessel Inspectors.
ASME—The American Society of Mechanical Engineers, Three Park Avenue, New York, New York, 10016-5990.
ASME B 31.1—‘‘The ASME Code for Pressure Piping,’’ 2004 edition issued by ASME.
ASME Code—‘‘The Boiler and Pressure Vessel Code,’’ 2004 edition and its published cases and interpretations issued by ASME.
ASME/CSD1—‘‘Controls and Safety Devices for Automatically Fired Boilers,’’ 2002 edition issued by ASME.
Act—The Boiler and Unfired Pressure Vessel Law (35 P. S. § § 1331.1—1331.19).
Alteration—(i) A change in the item described on the original manufacturer’s data report, which affects the pressure containing capability of the pressure retaining item.
(ii) The term also includes nonphysical changes such as an increase in maximum allowable working pressure or an increase in design temperature of a pressure-retaining item and a reduction in minimum temperature that requires additional mechanical tests.
American Welding Society—The American Welding Society, 550 N.W. Lejenuen Road, Miami, Florida 33126.
Btu—British thermal unit.
Boiler—(i) A closed vessel in which water is heated, steam is generated, steam is superheated, or any combination of these actions, under pressure or vacuum, for use externally to itself, by the direct application of heat from the combustion of fuels, or from electricity.
(ii) The term includes fired vessels for heating of liquids other than water where these vessels are separate from processing systems and are complete within themselves.
Certificate of competency—A document issued by the Department to an individual who has passed a National Board Commission Examination conducted in this Commonwealth.
Code of construction—ASME Code in effect at the time the boiler or unfired pressure vessel was manufactured.
Condemned boiler or unfired pressure vessel—A boiler or unfired pressure vessel which was inspected and declared unsafe or disqualified for use by the Department.
Department—The Department of Labor and Industry of the Commonwealth.
External inspection—An inspection made when a boiler or an unfired pressure vessel is in operation or in condition to be operational.
Fusion welding—The process of welding metals in a molten, or molten and vaporous state, without the application of mechanical pressure of blows.
Heat exchanger—A device having a shell and head, and a method to exchange heat between steam, hot water or any other liquid. This device may be fired or unfired.
IBC—The ‘‘International Building Code 2003’’ issued by the ICC.
ICC—International Code Council, 5203 Leesburg Pike, suite 600, Fall Church, Virginia 22041-3401.
IMC—The ‘‘International Mechanical Code 2003’’ issued by the ICC.
Industrial Board—The Department’s Industrial Board established under sections 445 and 2214 of The Administrative Code of 1929 (71 P. S. § § 155 and 574) which hears requests for variances, extensions of time and appeals of Department decisions under the act.
Instantaneous water heater—A vessel in which water is heated as it passes through the vessel. Water is not stored in the vessel.
Internal inspection—An inspection made when a boiler or unfired pressure vessel is shut down and handholes, manholes, or other inspection openings are opened for inspection of the interior of the boiler or unfired pressure vessel.
Inspector—An inspector commissioned by the Department to field-inspect boilers or unfired pressure vessels in this Commonwealth.
Lap seam crack—A crack found in a lap seam, extending parallel to the longitudinal joint and located between or adjacent to rivet holes.
Locomotive boiler—(i) A boiler mounted on a self-propelled track locomotive and used to furnish motivating power for travel on rails.
(ii) The term does not include locomotive cranes, tractors or other self-propelled apparatus.
Low pressure heating boiler—A steam boiler operated at a pressure not exceeding 15 psig or a hot water heating or hot water supply boiler operating at a pressure not exceeding 160 psig and a temperature not exceeding 250° F.
Miniature boiler—A boiler which is not more than 16 inches inside diameter of the shell, 5 cubic feet gross volume, excluding casing and insulation; 100 psig maximum allowable working pressure; and, 20 square feet of heating surface.
NB-263—‘‘Rules for Commissioned Inspectors,’’ revision 13 issued by the National Board.
NEC—The ‘‘National Electric Code, National Fire Protection Association’s Standard 70,’’ 2002 edition, issued by the NFPA.
NFPA—The National Fire Protection Association, 1 Batterymarch Park, Quincy Massachusetts 02269.
NFPA 85—The ‘‘Boiler and Combustion System Hazard Code,’’ 2004 edition, issued by the NFPA.
National Board—The National Board of Boiler and Pressure Vessel Inspectors, 1055 Crupper Avenue, Columbus, Ohio 43229.
Nonstandard boiler—A boiler which does not bear ASME stamping.
Nonstandard unfired pressure vessel—An unfired pressure vessel which does not bear ASME stamping.
Owner or user—A person, firm, corporation or governmental body owning or operating any boiler or unfired pressure vessel within this Commonwealth.
Psig—Pounds per square inch gauge.
Psi—Pounds per square inch.
Pennsylvania special boiler—A boiler which does not bear standard stamping and bears special Pennsylvania stamping and a Department-approved number.
Pennsylvania special unfired pressure vessel—An unfired pressure vessel which bears special Pennsylvania stamping and a Department-approved number and does not bear standard stamping.
Portable boiler—A boiler which is designed to be moved from location to location and used on a temporary basis.
Power boiler—A closed vessel in which steam or other vapor is generated at a pressure of more than 15 psig by the direct application of heat.
Process boiler—Any vessel in which steam is generated or superheated under pressure or for use external to itself by direct or indirect application of heat. The source of heat must be in part from a process other than the boiler itself. To be classified as a process boiler, the boiler must be directly tied to another process other than the generation of steam.
R stamp—A National Board designation indicating that a company is authorized to repair boilers and vessels.
R-1 form—National Board report of repair form.
Reinstalled equipment—Equipment removed from its original setting and reinstalled in the same location or a new location without change of ownership.
Repair—The process of restoring a boiler or unfired pressure vessel component or system to a safe and satisfactory condition.
Secondhand boiler—A boiler whose location and ownership have been changed after primary use.
Secondhand unfired pressure vessel—An unfired pressure vessel whose location and ownership have been changed after primary use.
Secretary—The Secretary of the Department.
Standard boiler or unfired pressure vessel—A boiler or an unfired pressure vessel which bears stamping in accordance with this chapter.
Standard Qualification Procedures of the American Welding Society, D1.1—The ‘‘Structure Welding Code, Steel 2002’’ issued by the American Welding Society.
Steam coil vessel—A vessel that stores hot water that contains an internal steam coil with controls used to heat hot water.
Storage water heater—A fired or an electrically heated vessel for storing or furnishing hot water supply.
Unfired pressure vessel—A vessel in which pressure is obtained from an external source or from an indirect application of heat.
Unfired steam boiler—An unfired pressure vessel which generates steam for power or heat to be used externally to itself.
VR stamp—A National Board designation that a company is authorized to repair and set safety relief valves.§ 3a.2. Fees.
(a) The Department will charge commission, certificate of operation and inspection fees in accordance with section 613-A of The Administrative Code of 1929 (71 P. S. § 240.13A).
(b) The following fees apply to unfired pressures vessels and boilers:
(1) Certificate of operation:
(i) Unfired pressure vessels… $44 (ii) Boilers… $22 (2) Internal inspection of power boilers, high pressure, high temperature water boilers and miniature boilers: (i) Boilers of 50 square feet of heating surface or less… $22 (ii) Boilers over 50 square feet of heating surface and less than 4,000 square feet of heating surface… $36 (iii) Boilers over 4,000 square feet of heating surface or more and less than 10,000 square feet of heating surface… $51 (iv) Boilers over 10,000 square feet of heating surface… $58 (v) Miniature boilers… $15 (3) External inspection of power boilers, high pressure and high temperature water boilers: (i) Boilers of 50 square feet of heating surface or less… $15 (ii) Boilers over 50 square feet of heating surface and less than 4,000 square feet of heating surface… $22 (4) Not more than $50 plus the annual certificate fee shall be collected for any and all inspections for boilers covered under paragraphs (2) and (3) in any 1 year. (5) Internal or external inspection of low pressure boilers: (i) Heating boilers without a manhole… $18 (ii) Heating boilers with a manhole… $22 (iii) Hot water supply boilers… $15 (iv) Not more than $50 plus the annual certificate fee will be collected for inspections of any low pressure boiler in any required inspection period. (6) Internal or external inspection of pressure vessels: (i) Each pressure vessel subject to inspection having a cross sectional area of 50 square feet or less… $15 (ii) Each additional 100 square feet of area in excess of 50 square feet… $15 (iii) Not more than $75 shall be paid for each inspection on any one vessel. (iv) A group of pressure vessels operating as a single machine or unit shall be considered one pressure vessel. Not more than $75 plus the annual certificate fee will be collected for inspections of any pressure vessel in any required inspection period, except in cases where the vessel is moved. (7) Plan approval: (i) Complete mechanical room drawings-boilers and other vessels… $73 (ii) High pressure boilers… $29 (iii) Low pressure boilers… $29 (8) Boiler inspector commissions: (i) Inspector’s examination fee… $44 (ii) Certificate of competency and commission fee… $22 (iii) New credential card fee (annual)… $15 (9) Hydrostatic test (witnessed)… $22 (10) Onsite consultation fee per hour… $29 (11) Inspection of repair fee… $15 (12) ASME and National Board ‘‘R’’ Stamp Shop survey fees: (i) Full day… $726 (ii) Half day… $363 (13) Copy of Department’s regulations… $7 (14) Acceptance of boilers and pressure vessels not originally destined for use within the Commonwealth… $726 (c) Industrial Board variance request… $100
Cross References This section cited in 34 Pa. Code § 3a.5 (relating to Pennsylvania Inspector Commission and National Board Commission); 34 Pa. Code § 3a.6 (relating to certificate of competency, commission, credential card and renewal application); 34 Pa. Code § 3a.7 (relating to reexamination); 34 Pa. Code § 3a.8 (reciprocity); 34 Pa. Code § 3a.9 (relating to suspension or revocation of Pennsylvania inspector commission); and 34 Pa. Code § 3a.38 (relating to commercial beverage dispensing systems).
§ 3a.3. Scope.
(a) This chapter applies to:
(1) The boiler and the pipe connections up to and including the stop valve or valves nearest the boiler as required by the ASME Code and Power Piping, B31.1. Superheaters, reheaters, economizers and other pressure parts connected directly to the boiler without intervening valves will be considered as parts of the boiler and their construction must conform to ASME Code and Power Piping, B31.1 requirements.
(2) Unfired pressure vessels and hot water storage vessels.
(b) Boilers installed before July 1, 1916, and unfired pressure vessels and power boilers installed before September 1, 1937, must comply with § § 3a.131, 3a.141—3a.145 and 3a.151—3a.154.
(c) Heat exchangers must comply with § 3a.167 (relating to hot water/steam heat exchangers) when the heat exchanger operates at 16 psi or greater, and has 5 cubic feet or more of volume not allowing for channel or tube nest displacements.
(d) This chapter does not apply to:
(1) Piping between the reheater connections and the turbine or other prime mover.
(2) Boilers and unfired pressure vessels regulated under the Atomic Energy Act of 1954 (42 U.S.C.A. § § 2011—2297h-13).
(3) Boilers and unfired pressure vessels owned or operated by the Federal Government.
(4) Boilers located on farms, except in sales areas which are accessible to the public.
(5) Boilers located in single-family dwellings and multi-unit dwellings with four or less units.
(6) Storage water heaters and instantaneous water heaters if all the following limitations are not exceeded:
(i) A heat input of 200,000 Btus /hr (58.6 kW).
(ii) A water temperature of 210°F (99°C).
(iii) A nominal water-containing capacity of 120 gallons (454 L).
(7) Unfired pressure vessels used for the transportation of compressed gases that are operated in compliance with specifications and regulations of the United States Department of Transportation (49 CFR Part 173 (relating to shippers general requirements for shipments and packaging)).
(8) Air tanks located on vehicles operating under other Commonwealth agency regulations or rules and used for carrying passengers or freight.
(9) Air tanks installed on the right-of-way of railroads and used directly in the operation of switches and signals and under Federal or other Commonwealth agency jurisdiction.
(10) Vessels having an internal or external operating pressure of no more than 15 psi with no limitation on size when equipped with approved safety devices.
(11) Unfired pressure vessels designed to ASME Code section VIII, Division 1 which do not exceed one of the following specifications:
(i) 5 cubic feet (0.14m3) in volume and 250 psi (1,720 kPa) design pressure.
(ii) 3 cubic feet (0.08m3) in volume and 350 psi (2,410 kPa) design pressure.
(iii) 1.5 cubic feet (0.04m3) in volume and 600 psi (4,140 kPa) design pressure.
(iv) Vessels having an inside diameter, width, height or cross section diagonal not exceeding 6 inches (152 mm), with no limitation on length of vessel or pressure.
(12) Unfired pressure vessels with a nominal water-containing capacity of up to 120 gallons containing water under pressure. These vessels include unfired pressure vessels that contain air, which is trapped in the system and where the compression air serves only as a cushion.
(13) Filters and softeners with a nominal water containing capacity of 120 gallons or less and pressures not exceeding 100 psi at ambient temperature.
(14) Air conditioner heat exchangers (chillers) with a design pressure not more than 300 psi and a water temperature not more than 210° F.
(15) Coil-type hot water boilers which meet the requirements of ASME Code, Section I, paragraph, PG 2.3.
Cross References This section cited in 34 Pa. Code § 3a.170 (relating to swimming pool heaters).
§ 3a.4. Adoption of National standards.
The Department adopts and incorporates by reference the following codes:
(1) ANSI/NB23.
(2) ASME Code.
(3) ASME Code published cases and interpretations that have been approved by the Industrial Board.
(4) ASME B 31.1.
(5) ASME/CSD1.
(6) National Electric Code, NFPA 70.
§ 3a.5. Pennsylvania Inspector Commission and National Board Commission.
(a) An individual shall hold a current Pennsylvania Inspector Commission to inspect boilers and unfired pressure vessels in this Commonwealth.
(b) The Department will conduct a Pennsylvania Inspector Commission examination on the act, this chapter and the ASME Codes.
(c) An applicant for a Pennsylvania Inspector Commission shall meet the following requirements:
(1) An applicant shall hold a current National Board Commission.
(2) An applicant shall meet the National Board requirements in NB-263.
(3) An applicant shall pass the Pennsylvania Inspector Commission examination with a grade of 70% or more.
(d) The National Board application will be used as the application for a Pennsylvania Inspector Commission examination.
(e) The Department will issue a Pennsylvania credential card and commission to an applicant who meets the requirements of subsection (c) and pays the required fee under § 3a.2 (relating to fees).
(f) The Department will administer examinations for National Board Commissions four times a year. Upon successful completion of the National Board Commission examination administered by the Department, the Department will issue a certificate of competency to the applicant which will enable the applicant to receive a National Board Commission.
Cross References This section cited in 34 Pa. Code § 3a.8 (reciprocity).
§ 3a.6. Certificate of competency, commission, credential card and renewal application.
(a) The Department will issue a certificate of competency, credential card and commission to an applicant who passes an examination for inspector, meets the requirements of this part and pays the required fee under § 3a.2 (relating to fees).
(b) An inspector shall renew a certificate of competency and obtain a new credential card each year to continue to act as an inspector. The inspector shall complete and submit a Department-provided renewal application and pay the required fee under § 3a.2 to renew the commission.
§ 3a.7. Reexamination.
(a) An applicant may take the Pennsylvania Inspector Commission examination three times in a 1-year period if the applicant fails to obtain a passing grade without submitting a new application and fee.
(b) An applicant may take the Pennsylvania Inspector Commission examination a fourth time within a 1-year period if the applicant fails to obtain a passing grade by submitting a new application and the required fee under § 3a.2 (relating to fees).
§ 3a.8. Reciprocity.
(a) The Department may grant a reciprocal inspector commission to an applicant who meets the following requirements:
(1) The applicant holds a current National Board Commission in good standing.
(2) The applicant is currently employed by another state or an insurance company in good standing.
(3) The applicant passes the Department-administered written examination under § 3a.5(b) (relating to Pennsylvania Inspector Commission and National Board Commission).
(b) An applicant for reciprocal inspector commission shall submit a completed Department-provided application form, a copy of the inspector’s National Board Commission and the required fee under § 3a.2 (relating to fees) to the Department.
§ 3a.9. Suspension or revocation of Pennsylvania inspector commission.
(a) General. The Department may suspend or revoke a Pennsylvania inspector commission for due cause under section 11(d) of the act (34 P. S. § 1331.11(d)). Due cause includes the following:
(1) Practicing fraud or deceit or making untrue representations in obtaining a commission.
(2) Failure to remit the required commission fee under § 3a.2 (relating to fees).
(3) Violating a provision of the act or this chapter.
(4) Incompetence or gross negligence while acting as a boiler inspector.
(5) Acting in a manner presenting a danger to public health and safety.
(6) Having a commission or any other authorization to engage in the business of boiler inspection revoked or suspended or having other disciplinary action taken, surrendering a commission or other authorization in lieu of discipline, or having 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, insular possession of the United States or Canada.
(7) Engaging in fraud, deceit or other act of moral turpitude while acting as a boiler inspector.
(8) Failure to enforce the act or this chapter.
(9) Engaging in boiler inspection activities without a current commission issued by the Department.
(10) Pleading guilty, entering a plea of nolo contendere, being found guilty, receiving probation without verdict, disposition in lieu of trial or an Accelerated Rehabilitative Disposition for any felony or for any other crime relating to boiler inspection in the courts of this Commonwealth, a Federal court, a court of any other state, territory or insular possession of the United States or a court of Canada.
(b) Notice and hearing. Actions of the Department relating to suspension or revocation under this section will be taken subject to the right of notice, hearing and adjudication in accordance with 2 Pa.C.S. (relating to administrative law and procedure). Suspension and revocation proceedings will be conducted under 1 Pa. Code Part II (relating to the General Rules of Administrative Practice and Procedure).
(c) Procedure for suspension or revocation.
(1) The Department will serve the boiler inspector with an order to show cause under 1 Pa. Code § 35.14 (relating to orders to show cause). The order to show cause will contain notification that the certification may be subject to action and the grounds for the action. The order to show cause will require that the boiler inspector respond in writing within 30 days after the date of service of the order. The Department will also serve a copy of the order to show cause upon the boiler inspector’s current employer, if any.
(2) The boiler inspector shall file an answer in writing to the allegations set forth in the order to show cause in accordance with 1 Pa. Code § 35.37 (relating to answers to orders to show cause). If made, answers shall be filed with the Department at the appropriate address within 30 days after the date of service of the order to show cause. Failure to file an answer will result in the entry of a default judgment against the inspector.
(3) At the request of any of the parties, the Department will hold a hearing on the matter. The Secretary will designate a presiding officer to preside at the hearing and to issue a proposed report under 1 Pa. Code § § 35.201—35.207 (relating to proposed reports). The Secretary may delegate final authority to the hearing examiner.
(4) The presiding officer will have the power to conduct hearings under 1 Pa. Code § § 35.185—35.190 (relating to presiding officers). The presiding officer will issue a proposed report that must be served upon counsel of record or to the parties in the hearing. The presiding officer will transmit the proposed report and the certified record to the Secretary within 15-days after issuance of the proposed report.
(5) A participant desiring to appeal to the Secretary shall, within 30 days after the service of a copy of the proposed report, file exceptions to the proposed report under 1 Pa. Code § 35.211 (relating to procedure to except to proposed report). A response may be filed within 20 days to the exceptions.
(6) The Secretary or a designee will issue a final order under 1 Pa. Code § 35.226 (relating to final orders).
(d) The Department may not reinstate a Pennsylvania inspector commission that was revoked under this section unless ordered to do so by a court of competent jurisdiction. The Department will order the surrender of the Pennsylvania inspector commission documents following an order of revocation or suspension.
(e) Subsection (c) supplements 1 Pa. Code § § 35.14, 35.37, 35.185—35.190 35.201—35.207, 35.211 and 35.226.
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