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COMMITTEE REPORT
March 14, 2000
S. 477
S. Printed 3/14/00--S.
Read the first time February 9, 1999.
To whom was referred a Bill (S. 477), to amend the Code of Laws of South Carolina, 1976, by adding Chapter 14 to Title 41 so as to enact the Pressure Equipment Safety Act of 1999, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 41 of the 1976 Code is amended by adding:
Section 41-14-10. This chapter may be cited as the 'Boiler Registration Act'.
Section 41-14-20. For the purposes of this chapter:
(1) 'Altered' or 'alteration' means any change in any item described on the original manufacturer's data report which affects the pressure capability of the boiler. Nonphysical changes including, but not limited to, an increase in the maximum allowable working pressure, internal or external, or design temperature of a boiler is an alteration. A reduction of minimum temperature such that additional mechanical tests are required is an alteration.
(2) '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.
(3) 'Department' means the Department of Labor, Licensing and Regulation.
(4) 'Public assembly location' means a:
(a) school, day care center, nursing home, hospital, theater, house of worship, or sporting arena;
(b) building open to the general public for trade or commerce and the boiler is:
(i) not separated from any area to which the public is invited by construction having a fire resistance rating of no less than two hours; or
(ii) not housed in a separate building.
(5) 'Recognized national code' means the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers and other recognized national code determined by the department to provide equivalent protection to the public.
(6) 'Repair' means any work necessary to restore a boiler or pressure vessel to a safe and satisfactory operating condition provided there is no deviation from the original design.
Section 41-14-30. 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 41-14-40. (A) A boiler installed 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 this State before January 1, 2001, must be registered with the department before July 1, 2001, using registration forms provided by the department.
Section 41-14-50. (A) All boilers registered in accordance with 41-14-40 must provide a copy of a certification of insurance which must contain evidence that the boiler was inspected and approved.
(B) An application for registration of a boiler installed in a public assembly location must contain evidence that the boiler was installed by, and if altered or repaired, was altered or 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 41-14-60. (A) An owner or operator of a boiler installed in a public assembly location shall furnish the department with proof that he has insurance coverage 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 coverage is in effect. The owner or operator of the boiler installed in a public assembly location must maintain proof of complying insurance at all times and must produce evidence of compliance upon demand of the department or any local fire official. If after registration a boiler is or becomes uninsured for any reason, the owner immediately shall notify the department and cease to operate the boiler.
(B) 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.
(C) Notwithstanding the provisions of subsection (A), the limitations on recovery established pursuant to the South Carolina Tort Claims Act apply to any recovery in an action or claim made against an owner or operator of a boiler who is covered under the Tort Claims Act.
Section 41-14-70. A boiler registration must be renewed annually and must include a certification of insurance as required by Section 41-14-50(A). Registration renewal for a boiler installed in a public assembly location must also include a report that all alterations and repairs to the boiler have been conducted by a person qualified in accordance with Section 41-14-50(B) and proof of insurance coverage as required by Section 41-14-60.
Section 41-14-80. The department may charge and collect an initial boiler registration fee of twenty-five dollars, a twenty-five dollar annual renewal fee for boilers installed in a public assembly location, and a ten dollar annual renewal fee for all other registered boilers.
Section 41-14-90. 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 41-14-100. An owner, operator, or installing company who fails to register a boiler as required by this chapter may be assessed a civil penalty of not more than five hundred dollars for each unregistered boiler.
An owner or operator of a boiler installed in a public assembly location who fails to maintain insurance as required by Section 41-14-60 may be assessed a civil penalty of not more than one thousand dollars"
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
J. VERNE SMITH, for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 41 SO AS TO ENACT THE PRESSURE EQUIPMENT SAFETY ACT OF 1999, TO PROVIDE THAT ALL BOILER AND PRESSURE VESSELS INSTALLED IN THIS STATE BE DESIGNED AND MANUFACTURED AND SEALED OR STAMPED UNDER A NATIONAL CODE AND REGISTERED WITH THE STATE FIRE MARSHAL ON REGISTRATION FORMS PROVIDED AND APPROVED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, AND PROVIDE A PENALTY FOR FAILURE TO REGISTER A BOILER OR PRESSURE VESSEL OR INSTALL ONE NOT IN COMPLIANCE WITH 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 Pressure Equipment Safety Act of 1999.
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 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) '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.
Section 41-14-30. Beginning January 1, 2000, all boilers and pressure equipment and systems installed in this State must be designed and manufactured and sealed or stamped under a national code, and that a record of this installation be filed with the State Fire Marshal Office under the Department of Labor, Licensing and Regulation on registration forms provided by the department.
Section 41-14-40. (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 is 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 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; and
(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 with the department, the boiler or pressure vessel is exempt from inspection by the department.
Section 41-14-50. (A) The department shall adopt the Boiler and Pressure Vessel Code of The American Society of Mechanical Engineers for the purposes of this chapter and such other codes and standards as are appropriate.
(B) The department is encouraged to adopt subsequent revisions to national standards that have been adopted into the rules. When adopted the revisions are considered incorporated into and constitute a part of the whole of the definitions and regulations of the department.
(C) The department shall promulgate regulations to ensure that all boiler or pressure vessel manufacturers, power piping and process piping fabricators, and other 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 other component within the scope of this chapter, meet the requirements of this chapter and regulations adopted pursuant to it. The department shall endeavor to modify existing regulations, as appropriate, to keep them current with recognized accepted national standards.
(D) The department shall promulgate regulations which may permit the use of boilers, pressure vessels, power piping and process piping, and other components that were in operation in this State prior to 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 department shall comply with the provisions of Chapter 23, Title 2 (Administrative Procedures Act).
(F) Subsequent amendments to the regulations adopted by the department 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 are promulgated under this chapter become effective, all new boilers, pressure vessels, power piping and process piping, and other 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 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 department at its discretion, provided the user presents evidence of safe construction acceptable to the department prior to the construction of the boiler, pressure vessel, piping system, or component.
Section 41-14-70. (A) The maximum allowable working pressure of an existing boiler or other component installed stamped with the ASME Code symbol or a pressure vessel stamped with the ASME or API/ASME Code symbols must 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 other component which is not stamped and does not carry the ASME or the API/ASME Code symbol must be computed in accordance with standard engineering practices established in rules adopted by the department 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 other component referred to in subsection (B) of this section, provided the department gives a specific ruling that the boiler, pressure vessel, or other component conforms to its regulations and further, upon inspection, has been found to be in safe condition.
Section 41-14-80. Any owner, operator, or installing company who fails to register a boiler or pressure vessel as required by this chapter must be assessed a civil penalty of not more than five hundred dollars for each boiler or pressure vessel."
SECTION 2. This act takes effect upon approval by the Governor and is effective beginning January 1, 2000.
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