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H. 4396
STATUS INFORMATION
General Bill
Sponsors: Reps. Mack, Breeland, Whipper and R. Brown
Document Path: l:\council\bills\bbm\9885dw03.doc
Companion/Similar bill(s): 133
Introduced in the House on June 5, 2003
Currently residing in the House Committee on Labor, Commerce and Industry
Summary: Boiler Registration Act of 2003
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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6/5/2003 House Introduced and read first time HJ-24
6/5/2003 House Referred to Committee on Labor, Commerce and Industry
HJ-24
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 41 SO AS TO ENACT THE BOILER REGISTRATION ACT OF 2003, 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, PROVIDE FOR EXCEPTIONS, 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 'Boiler Registration Act of 2003'.
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 not:
(i) separated from an area to which the public is invited by construction having a fire resistance rating of no less than two hours;
(ii) housed in a separate building; or
(iii) in compliance with local building code requirements pertaining to boilers.
(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 a:
(1) hot water supply boiler and hot water heater of less than fifty gallons in volume or fifty thousand BTU's for each hour heat input;
(2) boiler 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;
(3) boiler that is less than twelve inches in diameter.
Section 41-14-40. (A) A boiler installed in this State after December 31, 2003, 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, 2004, must be registered with the department before July 1, 2004, using registration forms provided by the department.
Section 41-14-50. (A) Each boiler registered in accordance with Section 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 the 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 shall maintain proof of complying insurance at all times and shall 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 also must 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 a boiler 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 must prescribe the conditions the owner shall 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 shall 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.
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