H 3368 Session 112 (1997-1998)
H 3368 General Bill, By Askins
Similar(S 1107)
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14
TO TITLE 41 SO AS TO CREATE A BOARD OF BOILER AND PRESSURE VESSEL RULES TO
SERVE WITHOUT SALARY AND TO FORMULATE AND PROMULGATE RULES AND REGULATIONS FOR
THE SAFE CONSTRUCTION, INSTALLATION, INSPECTION, MAINTENANCE, AND REPAIR OF
BOILERS AND PRESSURE VESSELS, NUCLEAR POWER SYSTEMS, AND POWER AND PROCESS
PIPING SYSTEMS; TO PROVIDE FOR THE ENFORCEMENT OF THE RULES AND REGULATIONS
PROMULGATED BY THE BOARD; TO PROVIDE FOR THE EXAMINATION AND APPOINTMENT OF
BOILER AND PRESSURE VESSEL INSPECTORS; TO PROVIDE FOR THE INSPECTION OF
BOILERS AND PRESSURE VESSELS, FEES TO BE CHARGED, AND REPORTS TO BE MADE; TO
PROVIDE FOR INSPECTION CERTIFICATES; TO PROVIDE FOR APPEALS; AND TO PROVIDE A
PENALTY FOR THE VIOLATION OF THE PROVISIONS OF THIS CHAPTER.
02/05/97 House Introduced and read first time HJ-12
02/05/97 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-12
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING CHAPTER 14 TO TITLE 41 SO AS TO
CREATE A BOARD OF BOILER AND PRESSURE VESSEL
RULES TO SERVE WITHOUT SALARY AND TO FORMULATE
AND PROMULGATE RULES AND REGULATIONS FOR THE
SAFE CONSTRUCTION, INSTALLATION, INSPECTION,
MAINTENANCE, AND REPAIR OF BOILERS AND PRESSURE
VESSELS, NUCLEAR POWER SYSTEMS, AND POWER AND
PROCESS PIPING SYSTEMS; TO PROVIDE FOR THE
ENFORCEMENT OF THE RULES AND REGULATIONS
PROMULGATED BY THE BOARD; TO PROVIDE FOR THE
EXAMINATION AND APPOINTMENT OF BOILER AND
PRESSURE VESSEL INSPECTORS; TO PROVIDE FOR THE
INSPECTION OF BOILERS AND PRESSURE VESSELS, FEES
TO BE CHARGED, AND REPORTS TO BE MADE; TO PROVIDE
FOR INSPECTION CERTIFICATES; TO PROVIDE FOR
APPEALS; AND TO PROVIDE A PENALTY FOR THE
VIOLATION OF THE PROVISIONS OF THIS CHAPTER.
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:
"CHAPTER 14
Boiler and Pressure Vessel Safety Act
Section 41-14-10. This chapter may be cited as the Boiler and
Pressure Vessel Safety Act, and, except as otherwise provided in it,
applies to all boilers, pressure vessels, nuclear components, and
power and process piping systems.
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 nuclear 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
these units are separate from processing systems and are complete
within themselves.
(2) 'Power boiler' means a boiler in which steam or other vapor is
generated at a pressure of more than fifteen psig.
(3) '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.
(4) '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.
(5) 'Power and process piping' means a piping system including
valves and fittings used to convey steam, oil, gas, or air intended for
operation exceeding fifteen psig, and water or other fluid intended for
operation exceeding one hundred sixty psig or temperatures
exceeding two hundred fifty degrees Fahrenheit.
(6) 'Pressure vessels' means a vessel in which the pressure is
obtained from an external source or by the application of heat other
than those vessels defined in items (1) through (4) of this section.
(7) 'Chief inspector' means an official appointed under this
chapter charged with the enforcement of the provisions of this
chapter.
(8) 'Public assembly locations' means schools, day care centers,
nursing homes, hospitals, theaters, houses of worship, sporting
arenas, and all buildings open to the public for trade or commerce.
(9) 'Certificate inspection' means an inspection, the report of
which is used by the chief inspector to determine whether or not a
certificate may be issued.
Section 41-14-30. (A) This chapter does not apply to:
(1) pressure vessels having an inside diameter, width, height, or
cross section diagonal not exceeding six inches, with no limit on
pressure;
(2) pressure vessels having an internal or external working
pressure not exceeding fifteen psig, with no limit on size;
(3) pressure vessels with a nominal water-containing capacity
of one hundred twenty gallons or less to be used for domestic supply
purposes for containing water under pressure, including those
containing air, the compression of which serves only as a cushion;
(4) pressure vessels containing water heated by steam or any
other indirect means when none of the following limitations are
exceeded:
(a) a heat input of two hundred thousand BTU per hour;
(b) a water temperature of two hundred ten degrees
Fahrenheit; or
(c) a nominal water containing capacity of one hundred
twenty gallons.
(5) pressure vessels in the care, custody, and control of research
facilities and used solely for research purposes which require one or
more details of nonCode construction or which involve destruction
or reduced life expectancy of those vessels; or
(6) hot water supply boilers and water heaters used exclusively
for supplying potable hot water which are directly fired with oil, gas,
or electricity when none of the following limitations is exceeded:
(a) heat input of two hundred thousand BTU per hour;
(b) water temperature of two hundred ten degrees Fahrenheit;
or
(c) nominal water capacity of one hundred twenty gallons.
(B) Exempt hot water supply boilers and hot water heaters must be
equipped with ASME/National Board stamped safety relief valves.
It being further provided that this exemption does not apply to hot
water supply boilers and hot water heaters that exceed fifty gallons
in volume or fifty thousand BTU per hour heat input when located in
places of public assembly.
(C) The following boilers, pressure vessels, and power and process
piping are exempt from the requirements for inservice inspections
and inspection certificates of this chapter.
(1) boilers or pressure vessels located on farms and used solely
for agricultural or horticultural purposes;
(2) heating boilers or pressure vessels which are located in
private residences or in apartment houses of less than six family
units;
(3) any pressure vessel used as an external part of an electrical
circuit breaker transformer;
(4) pressure vessels on remote oil or gas producing lease
locations that have fewer than ten buildings intended for human
occupancy per one-quarter square mile and where the closest building
is at least two hundred twenty yards from any vessel;
(5) pressure vessels operated entirely full of water or other
liquid which is not materially more hazardous than water, provided
the temperature of the vessel contents does not exceed one hundred
forty degrees Fahrenheit and the pressure does not exceed two
hundred psig;
(6) pressure vessels that do not exceed:
(a) five cubic feet in volume and two hundred fifty psig; or
(b) one and one-half cubic feet in volume and six hundred
psig.
(7) power and process piping beyond the scope of Section I,
Section IV, and Section VIII of the ASME Code.
Section 41-14-40. There is created a Board of Boiler and Pressure
Vessel Rules, which is empowered to make, alter, amend, and
interpret regulations for the safe construction, installation, inspection,
alteration, and repair of boilers and pressure vessels. The board shall
formulate definitions and regulations for the safe construction,
installation, inspection, maintenance, and repair of boilers, pressure
vessels, nuclear components, and power and process piping in this
State.
(1) The board shall consist of nine members, the majority of whom
have experience in design, construction, inspection, repair, or
operation of boilers or pressure vessels. Eight of these members must
be appointed by the Governor, two for a term of one year, two for a
term of two years, two for a term of three years, and two for a term
of four years. At the expiration of their respective terms of office,
they or their successors identifiable with the same interest
respectively as provided in this chapter, must be appointed for terms
of four years each. The Governor may at any time remove any
member of the board for inefficiency or neglect of duty in office.
Upon the death or incapacity of any members, the Governor shall fill
the vacancy for the remainder of the vacated term with a
representative of the same interests with which his predecessor was
identified. Of these eight appointed members one must be a
representative of owners and users of power boilers having
experience with these boilers, one must be a representative of owners
and users of heating boilers, one must be a representative of owners
and users of pressure vessels having experience with these vessels,
one must be a representative of boiler or pressure vessel
manufacturers, one must be a representative of the crafts involved in
the construction and repair of boilers or pressure vessels, one must be
a representative of operating engineers, one must be a national board
commissioned representative of a company licensed to insure and
insuring in this State boilers and pressure vessels, and one shall
represent the public, such as a mechanical engineer within the State
or a licensed professional engineer with experience in the boiler or
pressure vessel field. The ninth member of the board must be the
jurisdictional representative responsible for public or occupational
safety.
(2) The board shall elect one of its members to serve as chairman
for a term not exceeding four years. The board shall meet at least two
times each year at the call of the chairman at a place designated by
him. Minutes of the board meetings must be prepared and distributed
by the board. No approval, decision, or ruling of the board is
effective unless supported by the vote of at least five members.
(3) The members of the board shall serve without salary and shall
receive mileage, subsistence, and per diem as is provided by law for
members of state boards, committees, and commissions."
SECTION 2. This act takes effect upon approval by the Governor.
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