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Current Status Bill Number:View additional legislative information at the LPITS web site.4564 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20000208 Primary Sponsor:Lourie All Sponsors:Lourie and J. Smith Drafted Document Number:l:\council\bills\gjk\20908ac00.doc Residing Body:House Date Tabled:20000502 Current Committee:Labor, Commerce and Industry Committee 26 HLCI Subject:Boiler Safety Act, Labor, Licensing and Regulation Department History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20000502 Tabled in Committee 26 HLCI House 20000208 Introduced, read first time, 26 HLCI referred to Committee Versions of This Bill
TO ENACT THE "BOILER SAFETY ACT" INCLUDING PROVISIONS TO AMEND TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LABOR AND EMPLOYMENT, BY ADDING CHAPTER 14 SO AS TO REQUIRE BOILERS INSTALLED AFTER DECEMBER 31, 2000, IN CERTAIN BUILDINGS USED BY THE PUBLIC TO BE DESIGNED, MANUFACTURED, AND SEALED OR STAMPED UNDER A RECOGNIZED NATIONAL CODE; TO REQUIRE BOILERS INSTALLED BEFORE JANUARY 1, 2000, TO BE REGISTERED WITH THE DEPARTMENT OF LABOR, LICENSING AND REGULATION DEMONSTRATING PROPER INSTALLATION AND MAINTENANCE OF THE BOILER AND TO PROVIDE EXEMPTIONS; TO REQUIRE LIABILITY INSURANCE; TO ESTABLISH CRITERIA FOR VARIANCES; AND TO AUTHORIZE THE DEPARTMENT TO ESTABLISH REGISTRATION FEES; AND TO PROVIDE CIVIL PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 41 of the 1976 Code is amended by adding:
Section 41-14-10. This chapter may be cited as the 'Boiler Safety Act'.
Section 41-14-20. For the purposes of this chapter:
(1) 'Boiler' means a closed vessel in which water or other liquid is heated, steam or vapor is generated, steam is superheated, or in which any combination of these functions is accomplished under pressure or vacuum, for use external to itself, by the direct application of energy from the combustion of fuels or from electricity, solar, or other energy. 'Boiler' includes the apparatus by which heat is generated and all controls and safety devices associated with the apparatus or the closed vessels. 'Boiler' includes fired units for heating or vaporizing liquids other than water where the units are separate from processing systems and are complete within themselves.
(2) 'Department' means the Department of Labor, Licensing and Regulation.
(3) 'Heating boiler' means a steam or vapor boiler operating at pressures not exceeding fifteen psig or a boiler in which water or other fluid is heated and intended for operation at pressures not exceeding one hundred sixty psig or temperatures not exceeding two hundred fifty degrees Fahrenheit.
(4) 'High pressure, high temperature water boiler' means a boiler in which water or other fluid is heated and intended for operation at pressures exceeding one hundred sixty psig or temperatures exceeding two hundred fifty degrees Fahrenheit.
(5) 'Power boiler' means a boiler in which steam or other vapor is generated at a pressure of more than fifteen psig.
(6) 'Public assembly location' means a school, day care center, nursing home, hospital, theater, house of worship, sporting arena, and any building open to the public for trade or commerce.
(7) 'Recognized national code' means the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers or other recognized national code determined by the department to provide equivalent protection to the public.
Section 41-14-30. (A) A boiler installed in a public assembly location in this State after December 31, 2000, must be designed, manufactured, and sealed or stamped under a recognized national code. A record of this installation, including certificate of compliance with the recognized national code, must be filed with the Department of Labor, Licensing and Regulation on registration forms provided by the department.
(B) A boiler installed in a public assembly location in this State before January 1, 2001, must be registered with the department before July 1, 2001, using registration forms provided by the department.
(C) The department may charge a filing fee to cover the cost of administering this section.
Section 41-14-40. An application for boiler registration must provide evidence that the boiler was installed by, and if applicable, maintained, and repaired by, a properly licensed general contractor with a boiler classification, a properly licensed mechanical contractor with a heating classification, or a person with certification to do such work from the American Society of Mechanical Engineers in the form of an appropriate stamp.
Section 41-14-50. A boiler registration must be renewed annually. An application for renewal must include a certification of insurance and a report that all maintenance and repair to the registered boiler has been conducted by a person qualified in accordance with Section 41-14-40.
Section 41-14-60. This chapter does not apply to:
(1) hot water supply boilers and hot water heaters of less than fifty gallons in volume or fifty thousand BTU's per hour heat input;
(2) boilers operated entirely full of water or other liquid which is not materially more hazardous than water; however, the temperature of the vessel contents may not exceed one hundred forty degrees Fahrenheit, and the pressure may not exceed two hundred psig.
Section 41-14-70. (A) An owner or operator of a boiler applying for registration under this chapter shall furnish the department with proof that he has purchased insurance from an acceptable insurer in an amount not less than five hundred thousand dollars for each occurrence against liability for injury to persons arising out of the use of the boiler and that the policy of liability insurance is in effect.
(B) A person whose application for registration of a boiler in a public assembly location must maintain proof of complying insurance at all times, and it must be produced upon demand of the department or any local fire official.
(C) If, after registration with the department, a boiler is or becomes uninsured for any reason, the owner immediately shall notify the department and cease to operate the boiler.
(D) An acceptable insurer for the purposes of this section must be licensed by the Department of Insurance or approved by the Department of Insurance as a nonadmitted surplus lines carrier for risks located in this State.
Section 41-14-80. An owner of a boiler may apply to the department for a permanent variance from a provision of this chapter or the recognized national code. Affected employees and the public must be given notice of the application and must be provided an opportunity to participate in a hearing before the director of the department or his designee. The department shall issue a variance if it is determined on the record, after inspection, where appropriate, and a hearing, that the proponent of the variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations, or materials proposed to be used will provide the public with conditions which are as safe as those which would prevail if the owner fully complied with the provisions of this chapter and the recognized national code. The variance shall prescribe the conditions the owner must maintain and utilize to the extent that they differ from the provision in question. An affected citizen may petition at any time after six months from the issuance of the variance for revocation or modification of the variance and must demonstrate that the public safety has been impaired by the variance. Upon such showing, the department shall revoke or modify the variance.
Section 41-14-90. The department shall promulgate regulations to charge and collect fees for registration. Fees may be set by regulation not more than once a year. Established fees must be based upon the costs of administering the provisions of this chapter and shall give due regard to the time spent by department personnel in performing duties and all other expenses incurred.
Section 41-14-100. An owner, operator, or installing company who fails to register a boiler or maintain insurance as required by this chapter may be assessed a civil penalty of not more than five thousand dollars for each unregistered or uninsured boiler."
SECTION 2. This act takes effect upon approval by the Governor.
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