Current Status Bill Number:1107 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19980310 Primary Sponsor:Giese All Sponsors:Giese Drafted Document Number:pt\1793dw.98 Residing Body:Senate Current Committee:Labor, Commerce and Industry Committee 12 SLCI Subject:Boiler and Pressure Vessel Safety Act, Labor, Licensing and Regulation Department
Body Date Action Description Com Leg Involved
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Senate 19980310 Introduced, read first time, 12 SLCI
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 41 SO AS TO ENACT THE BOILER AND PRESSURE VESSEL SAFETY ACT; CREATE A BOARD OF BOILER AND PRESSURE VESSEL REGULATIONS TO SERVE WITHOUT SALARY AND TO FORMULATE AND PROMULGATE 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 EXEMPTIONS FROM THE PROVISIONS OF THIS ACT; TO PROVIDE FOR THE ENFORCEMENT OF THE 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:
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;
(8) any insurance company insuring a boiler or unfired pressure vessel located in a public assembly location in this State shall inspect the boiler or pressure vessel it insures, and any county, municipality, or other government subdivision which has adopted into law the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers and the National Board Inspection Code for the construction, installation, inspection, maintenance, and repair of boilers or pressure vessels, regulating these boilers or pressure vessels in public assembly locations, shall inspect these boilers or pressure vessels it regulates. Upon filing of a report of satisfactory inspection with the department the boiler or pressure vessel is exempt from inspection by the department; and
(9) any user of the equipment who has certified inspection personnel on staff may perform annual inspections and file a report with the Board of Boiler and Pressure Vessel Regulations to exempt the equipment from state inspections.
Section 41-14-40. (A) There is created a Board of Boiler and Pressure Vessel Regulations, 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.
(B) 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 interest 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.
(C) 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.
(D) 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 41-14-50. (A) The board shall examine, select, and adopt through the legislative review process, appropriate standards for the implementation of this chapter.
(1) The definitions and regulations so formulated must be based upon and follow generally accepted national engineering standards, formulas, and practices relating to boiler, pressure vessel, power piping, process piping, and nuclear component construction, installation, inspection, repair, and safety.
(B) The board is encouraged to adopt subsequent revisions to national standards that have been adopted into the regulations. When adopted the revisions are considered incorporated into and constitute a part of the whole of the definitions and regulations of the board.
(C) The board shall formulate regulations to ensure that all boiler or pressure vessel manufacturers, power powers and process piping fabricators, and nuclear component manufacturers, jobbers, dealers, or individuals selling or offering for sale or operation of any boiler, pressure vessel, power piping or process piping system, or nuclear component within the scope of this chapter, meet the requirements of this chapter and regulations adopted pursuant to it. A manufacturer, fabricator, jobber, dealer, or individual found to be in violation of this section is guilty of a felony. The board shall endeavor to modify existing regulations, as appropriate, to keep them current with recognized accepted national standards.
(D) The board shall formulate regulations which may permit the use of boilers, pressure vessels, power piping and process piping, and nuclear components that were in operation in this State before the date upon which the first regulations under this chapter pertaining to existing installations became effective or during the twelve-month period immediately following their adoption.
(E) The regulations and any subsequent amendments to them formulated or adopted by the board shall comply with the provisions of Chapter 23, Title 2 (Administrative Procedures Act).
(F) Subsequent amendments to the regulations adopted by the board are permissive immediately and become mandatory six months after their promulgation.
Section 41-14-60. (A) Twelve months from the date upon which the regulations under this chapter become effective, all new boilers, pressure vessels, power piping and process piping, and nuclear components, except those exempt in Section 41-14-30, for use in this State shall conform to the regulations.
(B) If a boiler, pressure vessel, power piping and process piping system, or nuclear component is of special design or construction and cannot comply with the construction requirements of the regulations of this chapter, a special installation and operating permit may be granted by the board at its discretion, provided the user presents evidence of safe construction acceptable to the board before the construction of the boiler, pressure vessel, piping system, or nuclear component.
Section 41-14-70. (A) The maximum allowable working pressure of an existing boiler or nuclear component installed, stamped with the ASME Code symbol, or a pressure vessel stamped with the ASME or API/ASME Code symbols shall be determined by the applicable sections of the code under which it was constructed and stamped.
(B) The maximum allowable working pressure of a boiler, pressure vessel, or nuclear component which is not stamped and does not carry the ASME or the API/ASME Code symbol shall be computed in accordance with standard engineering practices established in regulations adopted by the board based on recommendations of NB23 or API-510 as applicable.
(C) This chapter may not be construed as in any way preventing the use, sale, or reinstallation of a boiler, pressure vessel, or nuclear component referred to in subsection (B) of this section, provided the board gives a specific ruling that the boiler, pressure vessel, or nuclear component conforms to its regulations and further, upon inspection, it has been found to be in safe condition.
Section 41-14-80. (A) Within sixty days after the effective date of this chapter and at any time after that if the office of the chief inspector may become vacant, the Governor shall appoint a citizen of this State, or if not available, a citizen of another state, who shall have had at the time of the appointment not less than ten years' experience in the construction, installation, inspection, operation, maintenance, or repair of high pressure boilers and pressure vessels and who has passed an examination as prescribed under Section 41-14-110. The chief inspector may be removed for neglect of duty or other just cause after due investigation by the board and their recommendation to the Governor
(B) The chief inspector, under the direction of the board, shall:
(1) take action necessary for the enforcement of this chapter and regulations of the board;
(2) keep a complete record of the name and address of the owner or user, location, type, dimensions, maximum allowable working pressure, age, dates of installation, and last recorded inspection of all boilers, pressure vessels, and nuclear components to which the chapter applies;
(3) make available, upon request, copies of the regulations promulgated by the board;
(4) issue, suspend, or revoke for cause inspection certificates as provided for in Section 41-14-150;
(5) cause the prosecution of violators of the provisions of this chapter and regulations;
(6) act as secretary of the Board of Boiler and Pressure Vessel Regulations; and
(7) draw upon the state treasury for funds necessary to meet the expenses authorized by this chapter, which shall include the necessary traveling expenses of the chief inspector, deputy inspectors, staff, Board of Boiler and Pressure Vessel Regulations, and the expenses incident to the maintenance of the office.
Section 41-14-90. The board shall employ deputy inspectors who are responsible to the chief inspector and have at the time of appointment, passed the examination provided for in Section 41-14-110, and have education and experience as follows:
(1) from an accredited school, a degree in engineering plus one-year experience in design, construction, operation, or inspection of high pressure boilers and pressure vessels;
(2) an associate degree in mechanical technology plus two years' experience in design, construction, operation, or inspection of high pressure boilers and pressure vessels; or
(3) a high school education or the equivalent plus three years' experience in:
(a) high pressure boiler and pressure vessel construction or repair;
(b) charge of high pressure boiler and pressure vessel operation; or
(c) the inspection of high pressure boilers and pressure vessels; and who shall have passed the examination provided for in Section 41-14-110.
Section 41-14-100. (A) Certificates of competency designating special inspectors of boilers and pressure vessels may be issued by the board upon request of any authorized inspection organizations which have been licensed or registered by the appropriate authority of this State. All authorized inspection organization shall provide boiler and pressure vessel insurance coverage and be actively engaged in writing this coverage.
(B) Before receiving a certificate of competency, each inspector shall receive a passing grade on the examination provided for by Section 41-14-110, or hold a commission or certificate of competency as an inspector of boilers or pressure vessels from a state that has a standard of examination equal to that of this State, or a commission as an inspector of boilers and pressure vessels issued by The National Board of Boiler and Pressure Vessel Inspectors.
(C) Special inspectors shall not receive any salary or expenses from this State. Special inspector certificates of competency are valid only as long as the special inspectors are in full-time employment of an authorized inspection organization.
(D) Special inspectors shall inspect all boilers, pressure vessels, and nuclear components insured by their respective authorized inspection organization. All boilers, pressure vessels, and nuclear components are exempt from the payment to the State for inspection fees. Special inspectors may conduct shop or field inspectors of new boilers, pressure vessels, or nuclear components in accordance with the applicable ASME Code requirements.
(E) The furnishings by an insurer, its employee, or agent, the failure to furnish, the making of, or the failure to make, any statement, recommendation, or report in connection with any inspection of boiler or pressure vessels pursuant to Section 41-14-30(C)(9) does not subject the insurer, whether domestic or foreign, its employees or agents to liability for damages of nature including, but not limited to, damages because of injury or death, loss of or damages to real or personal property, or loss of income resulting from act or omission of the insurer, employee, or agent. This section does not apply in event the active negligence of the insurer, its employee, or agent during the actual inspection constituted the proximate cause of injury, death, loss, or damage.
Section 41-14-110. The examination for chief, director, deputy, or special inspector must be in written form and may be held by the board, or by an examining board appointed in accordance with national board requirements. Three members must be present at all times during the examination. The examination must be confined to questions with answers which will aid in determining the ability and competency of the applicant for the intended certificate of competency, and may be those prepared by The National Board of Boiler and Pressure Vessel Inspectors. Any applicant who does not attain a passing grade on the examination may appeal to the board and participate in another examination, after a period of ninety days. The results and records of an applicant's examination shall be accessible to the applicant and his employer.
Section 41-14-120. (A) An inspector's certificate of competency may be suspended by the board after due investigation and recommendation by the board for the incompetence or untrustworthiness of the inspector, or for the wilful falsification of any matter or statement contained in an application or a report of any inspection made by the inspector. Written notice of any suspension must be transmitted by the board to the inspector and the employer not more than ten days following the suspension. A person whose certificate of competency has been suspended is entitled to an appeal to the board, as provided in Section 41-14-190. The inspector may be present and represented by counsel at the hearing of the appeal.
(B) If the board has sufficient reason to believe that an inspector is no longer qualified to hold a certificate of competency, the board shall hold a hearing with not less than ten days' written notice to the inspector and the employer, and the inspector and the employer shall have an opportunity to be heard. After the hearing, if the board finds that the inspector is no longer qualified to hold a certificate of competency, the board shall recommend to the chief inspector that the certificate be revoked immediately.
(C) A person whose certificate of competency has been suspended is entitled to apply, after ninety days from the date of the suspension, for reinstatement of the certificate of competency.
Section 41-14-130. If a certificate of competency is lost, stolen, or destroyed a new certificate of competency may be issued without reexamination.
Section 41-14-140. (A) The chief inspector or any deputy inspector shall have free access, during reasonable hours, to any premises in this State where a boiler, pressure vessel, power piping or piping process system, or nuclear component, covered by this chapter, is being constructed for use in or is being installed in this State for the purpose of ascertaining whether the boiler, pressure vessel, power or piping process system, or nuclear component is being constructed and installed in accordance with the provisions of this chapter.
(B) On and after the effective date of this chapter each boiler, pressure vessel, and nuclear component covered by this chapter must be thoroughly inspected as to its construction, installation, and condition as follows:
(1) Except as permitted in items (2) and (3) below, power boilers and high temperature boilers shall receive a certificate inspection annually which must be an internal inspection where construction permits. These boilers also must be externally inspected annually while under pressure, if possible;
(2) low pressure steam or vapor heating boilers, except those constructed of cast iron, shall receive a certificate inspection biennially with an internal inspection at least every two years where construction permits;
(3) hot water heating boilers, hot water supply boilers, hot water heaters, and hot water storage tanks shall receive a certificate inspection biennially with an internal inspection at the discretion of the inspector;
(4) frequency of internal and external inspections of pressure vessels, including unfired boilers, must be set by the board based on NB-23, as applicable;
(5) nuclear components within the scope of Section XI of the ASME Code shall be inspected at intervals acceptable to the board and reported in the form and with the appropriate information as the board shall designate; and
(6) a grace period of two months beyond the periods specified in items (1), (2), (3), (4), and (5) of this subsection is permitted between certificate inspections.
(C) The inspections required by this section, including shop inspections, must be made by the chief inspector, deputy inspector, or a special inspector as provided for in this chapter.
(D) If, at the discretion of the inspector, a hydrostatic test is considered necessary, it must be made by the owner or user of the boiler or pressure vessel before an inspection certificate is issued.
(E) All boilers (other than cast iron sectional boilers), pressure vessels, and nuclear systems to be installed in this State after the twelve-month period from the date upon which the regulations of the board become effective, must be inspected during construction as required by the applicable regulations of the board by an inspector authorized to inspect boilers and pressure vessels in this State, or if constructed outside of the State, by an inspector holding a valid commission issued by The National Board of Boiler and Pressure Vessel Inspectors and registered with the national board.
Section 41-14-150. (A) Each special inspector and each deputy inspector shall, within thirty days following each certificate inspection made by such inspectors, file a report of the inspection with the chief inspector upon appropriate forms or other accepted methods (e.g., electronic means). The filing of reports of external inspections other than certificate inspections are not required except where the inspections disclose that the boiler, pressure vessel, or nuclear component is not in compliance with the regulations adopted by the board.
(B) If the report filed pursuant to subsection (A) of this section shows that a boiler, pressure vessel, or nuclear system is found to comply with the regulations of the board, and upon payment by the owner or user of the fee prescribed by the board, the chief inspector or his duly authorized representative shall issue to the owner or user an inspection certificate bearing the date of inspection and specifying the maximum pressure under which the boiler, pressure vessel, or nuclear component may be operated. The inspection certificate is valid for a period consistent with the certificate inspection frequency as required by Section 41-14-140. The inspection certificate is valid for a period of not more than two months beyond the period set by the board. Boiler, pressure vessel, and nuclear system inspection certificates must be filed where they will be readily accessible for examination by the chief inspector or an authorized representative.
(C) No inspection certificate issued for an insured boiler, pressure vessel, or nuclear system, based upon a report of a special inspector, shall be valid after the boiler, pressure vessel, or nuclear system for which it was issued ceases to be insured by a company duly authorized by this State to provide the insurance.
(D) The chief inspector or his authorized representative may at any time suspend an inspection certificate after showing cause that the boiler, pressure vessel, or nuclear system for which it was issued cannot be operated without menace to the public safety or when the boiler, pressure vessel, or nuclear system is found not to comply with the regulations provided. Each suspension of an inspection certificate shall continue in effect until the boiler, pressure vessel, or nuclear system is in conformity with the regulations of the board, and until the inspection certificate has been reinstated.
Section 41-14-160. After twelve months following the date on which this chapter becomes effective, it is unlawful for any person, firm, partnership, or corporation to operate in this State a boiler, pressure vessel, or nuclear component covered by this chapter without a valid inspection certificate. The operation of a boiler, pressure vessel, or nuclear component without the inspection certificate, or at a pressure exceeding that specified in the certificate, or in violation of this chapter, or the regulations promulgated under it, shall constitute a misdemeanor on the part of the owner, user, or operator of it and is punishable by a fine not to exceed five hundred dollars, or imprisonment not to exceed two months, or both, at the discretion of the court. Each day of this unlawful operation may be considered a separate offense.
Section 41-14-170. (A) The board shall establish fees for inspection certificates, certificate inspections, shop inspections, inspections of secondhand or used boilers, pressure vessels or nuclear components, and special inspections made by the chief inspector or his deputy which may be necessary to carry out the provisions of this chapter. The owner or user of the boiler, pressure vessel or nuclear component, upon completion of the inspection, shall pay directly to the board the fee established by the board in addition to traveling expenses, the cost of meals and lodging, and other incidental expenses incurred by the chief inspector or his deputy inspector when performing inspections of a special nature such as shop inspections or investigations.
(B) The board shall account for and transfer all fees received to the Treasurer of the State of South Carolina.
Section 41-14-180. The chief inspector shall furnish a bond in the sum of five thousand dollars and each of the deputy inspectors employed by the State shall furnish a bond in the sum of two thousand dollars, conditioned upon the faithful performance of their duties, and upon a true account of monies handled by them respectively, and the payment to the proper recipient. The cost of the bonds must be paid by the State Treasurer.
Section 41-14-190. (A) Any person aggrieved by an order or action of the board or the chief inspector, under this chapter, may, within thirty days after notice of it, appeal the order or action to the board, within thirty days, issue an appropriate decision either approving or disapproving the order or action. A copy of it must be given to all interested parties.
(B) Within thirty days after an order or action of the board, any person aggrieved by it may file a petition in the circuit court of the county for a review thereof. The court shall summarily hear the petition and may make any appropriate order or decree.
Section 41-14-200. The General Assembly shall annually appropriate as is necessary for the preparation, printing, and distribution of the regulations promulgated by the board and for the purpose of carrying out all the other provisions of this chapter.
Section 41-14-210. No county, municipality, or other governmental subdivision has the power to make any laws, ordinances, or resolutions providing for the construction, installation, inspection, maintenance, and repair of boilers, pressure vessels, and nuclear components within the limits of that county, municipality, or governmental subdivision. Any law, ordinance, or resolution enacted or passed before the effective date of this chapter is of no effect."
SECTION 2. This act takes effect upon approval by the Governor.