DAR File No. 42565

Labor Commission, Boiler, Elevator and Coal Mine Safety

Section R616-2-3

Safety Codes and Rules for Boilers and Pressure Vessels

Notice of Proposed Rule

(Amendment)

DAR File No.: 42565
Filed: 02/08/2018 08:48:36 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to adopt the most recent nationally recognized safety codes as they apply to boilers and pressure vessels. The Utah Labor Commission's intent is to maintain uniformity between Utah and national standards for the design, installation and inspection of boilers and pressure vessels.

Summary of the rule or change:

Adoption of most recent safety codes as they apply to boilers and pressure vessels in the state of Utah as follows: ASME B31.1 - 2016, ASME Boiler and Pressure Vessel Code, Section 1 -2017, ASME Boiler and Pressure Vessel Code, Section IV - 2017 and ASME Boiler and Pressure Vessel Code, Section VIII Div 1 - 2017.

Statutory or constitutional authorization for this rule:

• Section 34A-7-101 et seq.

This rule or change incorporates by reference the following material:

• Updates ASME Boiler and Pressure Vessel Code Section VIII, published by American Society of Mechanical Engineers, 2017
• Updates ASME Boiler and Pressure Vessel Code Section IV, published by American Society of Mechanical Engineers, 2017
• Updates ASME Boiler and Pressure Vessel Code Section I, published by American Society of Mechanical Engineers, 2017
• Updates Power Piping ASME B31.1 -2016, published by American Society of Mechanical Engineers, 2016

Anticipated cost or savings to:

the state budget:

The initial cost to purchase all of these code books both for the Division of Boiler, Elevator, and Coal Mine Safety (Division) and for Administrative Rules was $1645. Other than the cost to purchase these books, the Division is not aware of any other cost that will be incurred at the time of installation or during maintenance, due to the adoption of these codes.

local governments:

Other than the cost to purchase these books, if desired, the Division is not aware of any other cost that will be incurred by local governments, at the time of installation or during maintenance, due to the adoption of these codes.

small businesses:

Other than the cost to purchase these books, if desired, the Division is not aware of any other cost that will be incurred by small businesses, at the time of installation or during maintenance, due to the adoption of these codes.

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

Other than the cost to purchase these books, if desired, the Division is not aware of any other cost that will be incurred by persons other than small businesses, businesses, or local government entities, at the time of installation or during maintenance, due to the adoption of these codes.

Compliance costs for affected persons:

Other than the cost to purchase these books, if desired, the Division is not aware of any other cost that will be incurred by affected persons, at the time of installation or during maintenance, due to the adoption of these codes.

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

Other than the cost to purchase these books, if desired, the Commissioner is not aware of any other cost that will be incurred, at the time of installation or during maintenance, due to the adoption of these codes.

Jaceson Maughan, Commissioner

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

Labor Commission
Boiler, Elevator and Coal Mine Safety
HEBER M WELLS BLDG
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 awindham@utah.gov
• Christopher Hill at the above address, by phone at 801-530-6113, by FAX at 801-530-6390, or by Internet E-mail at chill@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:

04/02/2018

This rule may become effective on:

04/09/2018

Authorized by:

Jaceson Maughan, Commissioner

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2018	FY 2019	FY 2020
State Government	$1,645	$0	$1,645
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$414,540	$0	$414,540
Other Person	$0	$0	$0
Total Fiscal Costs:	$416,185	$0	$416185
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$416,185	$0	416,185

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non-Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non-Small Businesses

 

There are approximately 252 Commercial Plumbers HVAC installers in Utah (NAICS Code 238222). If the installers of commercial boilers and pressure vessels choose to purchase the updated code books the cost would be $1,645 per set of books. Businesses that have commercial boilers and pressure vessels will be indirectly impacted by the cost of repairs when commercial boilers and pressure vessels are found to be in violation of the current standards. The violations and cost to repair them are inestimable. The codes books are updated approximately every two years.

Utah Labor Commissioner, Jaceson R. Maughan has reviewed and approved this fiscal analysis.

 

R616. Labor Commission, Boiler, Elevator and Coal Mine Safety.

R616-2. Boiler and Pressure Vessel Rules.

R616-2-3. Safety Codes and Rules for Boilers and Pressure Vessels.

The following safety codes and rules shall apply to all boilers and pressure vessels in Utah, except those exempted pursuant to Section 34A-7-101, and are incorporated herein by this reference in this rule.

A. ASME Boiler and Pressure Vessel Code -- 201[5]7.

1. Section I Rules for Construction of Power Boilers.

2. Section IV Rules for Construction of Heating Boilers.

3. Section VIII Rules for Construction of Pressure Vessels.

B. Power Piping ASME B31.1 -- 201[4]6.

C. Controls and Safety Devices for Automatically Fired Boilers ASME CSD-1-2015. Except:

1. Part CG-130(c).

D. National Board Inspection Code ANSI/NB-23 - 2017 Part 3.

E. NFPA 85 Boiler and Combustion Systems Hazard Code 2015.

F. Recommended Administrative Boiler and Pressure Vessel Safety Rules and Regulations NB-132 Rev. 4.

G. Pressure Vessel Inspection Code: Maintenance Inspection, Rating, Repair and Alteration API 510 Tenth Edition, 2014. Except:

1. Section-8, and

2. Appendix-A.

 

KEY: boilers, certification, safety

Date of Enactment or Last Substantive Amendment: September 21, 2017

Notice of Continuation: August 23, 2016

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