Labor Commission, Boiler and Elevator Safety

Section R616-2-8

Inspection of Boilers and Pressure Vessels

Notice of Proposed Rule

(Amendment)

DAR File No.: 34027
Filed: 08/31/2010 07:22:21 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule change is to clarify the authority of Division inspectors to enter property where boilers and pressure vessels are to be inspected and the authority of deputy inspectors to enter property.

Summary of the rule or change:

This rule change clarifies the authority of Division inspectors to enter property and the authority of deputy inspectors to enter property.

State statutory or constitutional authorization for this rule:

• Section 34A-7-101 et seq.

Anticipated cost or savings to:

the state budget:

There is no cost to the state budget associated with this change. This change is being made to clarify the difference in right of entry between Labor Commission Boiler/Pressure Vessel Inspectors and Boiler/Pressure Vessel Inspectors that are employed by insurance companies. This change occurs in correlation with the addition of Section R616-2-15.

local governments:

There is no cost to local governments associated with this change. This change is being made to clarify the difference in right of entry between Labor Commission Boiler/Pressure Vessel Inspectors and Boiler/Pressure Vessel Inspectors that are employed by insurance companies. This change occurs in correlation with the addition of Section R616-2-15.

small businesses:

There is no cost to small businesses associated with this change. This change is being made to clarify the difference in right of entry between Labor Commission Boiler/Pressure Vessel Inspectors and Boiler/Pressure Vessel Inspectors that are employed by insurance companies. This change occurs in correlation with the addition of Section R616-2-15.

persons other than small businesses, businesses, or local governmental entities:

There is no cost associated with this change. This change is being made to clarify the difference in right of entry between Labor Commission Boiler/Pressure Vessel Inspectors and Boiler/Pressure Vessel Inspectors that are employed by insurance companies. This change occurs in correlation with the addition of Section R616-2-15.

Compliance costs for affected persons:

There is no cost to affected persons associated with this change. This change is being made to clarify the difference in right of entry between Labor Commission Boiler/Pressure Vessel Inspectors and Boiler/Pressure Vessel Inspectors that are employed by insurance companies. This change occurs in correlation with the addition of Section R616-2-15.

Comments by the department head on the fiscal impact the rule may have on businesses:

The Labor Commission's boiler and pressure vessel program provides a valuable service to the people of the State of Utah, ensuring a level of safety in schools and businesses. This rule change distinguishes the difference in "right of entry" between deputy insurance inspectors and Labor Commission inspectors. This change is made necessary by the addition of Section R616-2-15.

Sherrie Hayashi, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Labor Commission
Boiler and Elevator Safety
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Pete Hackford at the above address, by phone at 801-530-7605, by FAX at 801-530-6871, or by Internet E-mail at phackford@utah.gov
• Ami Windham at the above address, by phone at 801-530-6850, by FAX at 801-530-6871, or by Internet E-mail at ajohnston@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/15/2010

This rule may become effective on:

10/22/2010

Authorized by:

Sherrie Hayashi, Commissioner

R616. Labor Commission, Boiler and Elevator Safety.

R616-2. Boiler and Pressure Vessel Rules.

R616-2-8. Inspection of Boilers and Pressure Vessels.

A. It shall be the responsibility of the Division to make inspections of all boilers or pressure vessels operated within its jurisdiction, when deemed necessary or appropriate.

B. Boiler inspectors shall examine conditions in regards to the safety of the employees, public, machinery, ventilation, drainage, and into all other matters connected with the safety of persons using each boiler or pressure vessel, and when necessary give directions providing for the safety of persons in or about the same. For boilers or pressure vessels inspected by an inspector employed by the Division, t[T]he owner or user is required to freely permit entry, inspection, examination and inquiry, and to furnish a guide when necessary. For boilers or pressure vessels inspected by a deputy inspector employed by an insurance company, the deputy inspector's right of entry on the premises where the boiler or pressure vessel is located is subject to the agreement between the insurance company and the owner or operator of the boiler or pressure vessel. In the event an internal inspection of a boiler or pressure vessel is required the owner or user shall, at a minimum, prepare the boiler or pressure vessel by meeting the requirements of 29 CFR Part 1910.146 "Permit Required Confined Spaces" and 29 CFR Part 1910.147 "Control of Hazardous Energy (Lockout/Tagout)".

C. If the Division finds a boiler or pressure vessel complies with the safety codes and rules, the owner or user shall be issued a Certificate of Inspection and Permit to Operate.

D. If the Division finds a boiler or pressure vessel is not being operated in accordance with safety codes and rules, the owner or user shall be notified in writing of all deficiencies and shall be directed to make specific improvements or changes as are necessary to bring the boiler or pressure vessel into compliance.

E. Pursuant to Sections 34A-1-104, 34A-2-301 and 34A-7-102, if the improvements or changes to the boiler or pressure vessel are not made within a reasonable time, the boiler or pressure vessel is being operated unlawfully.

F. If the owner or user refuses to allow an inspection to be made, the boiler or pressure vessels is being operated unlawfully.

G. If the owner or user refuses to pay the required fee, the boiler or pressure vessel is being operated unlawfully.

H. If the owner or user operates a boiler or pressure vessel unlawfully, the Commission may order the boiler or pressure vessel operation to cease pursuant to Sections 34A-1-104 and 34A-7-103.

I. If, in the judgment of a boiler inspector, the lives or safety of employees or public are or may be endangered should they remain in the danger area, the boiler inspector shall direct that they be immediately withdrawn from the danger area, and the boiler or pressure vessel be removed from service until repairs have been made and the boiler or pressure vessel has been brought into compliance.

J. An owner/user agency may conduct self inspection of its own unfired pressure vessels with its own employees who are owner/user agents under procedures and frequencies established by the Division.

 

KEY: boilers, certification, safety

Date of Enactment or Last Substantive Amendment: [April 7], 2010

Notice of Continuation: November 30, 2006

Authorizing, and Implemented or Interpreted Law: 34A-7-101 et seq.