DAR File No. 43573

Labor Commission, Boiler, Elevator and Coal Mine Safety

Section R616-2-8

Inspection of Boilers and Pressure Vessels

Notice of Proposed Rule

(Amendment)

DAR File No.: 43573
Filed: 03/11/2019 08:34:21 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of these changes is to incorporate inspection frequencies for pressure vessel inspections into rule.

Summary of the rule or change:

The changes add to Subsection R616-2-8(A): 1) Boiler inspection frequency shall be as per Section 34A-7-103; 2) Pressure Vessel Inspection frequency shall be as follows: a) Heat exchangers that operate from high pressure steam or high temperature water plants shall be inspected every twenty-four months; b) autoclaves that operate above 15 psi steam pressure shall be inspected every twenty-four (24) months; and c) all other pressure vessels which fall under the jurisdiction of the Division of Boiler, Elevator and Coal Mine Safety (Division) shall be inspected every forty-eight (48) months. The changes also add to Subsection R616-2-8(J): 1) Pressure vessels located above ground shall be given a certificate inspection, preferably while in operation, at least every 5 years (60 months) or at the same interval as the required internal inspection, whichever is less.

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 associated with these changes as the inspection frequency was in the Boiler and Pressure Vessel Compliance Manual issued by the Division prior to this change. The requirement is being moved from the Compliance Manual to the Utah Administrative Code.

local governments:

There is no cost associated with these changes as the inspection frequency was in the Boiler and Pressure Vessel Compliance Manual issued by the Division prior to this change. The requirement is being moved from the Compliance Manual to the Utah Administrative Code.

small businesses:

There is no cost associated with these changes as the inspection frequency was in the Boiler and Pressure Vessel Compliance Manual issued by the Division prior to this change. The requirement is being moved from the Compliance Manual to the Utah Administrative Code.

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

There is no cost associated with these changes as the inspection frequency was in the Boiler and Pressure Vessel Compliance Manual issued by the Division prior to this change. The requirement is being moved from the Compliance Manual to the Utah Administrative Code.

Compliance costs for affected persons:

There is no cost associated with these changes as the inspection frequency was in the Boiler and Pressure Vessel Compliance Manual issued by the Division prior to this change. The requirement is being moved from the Compliance Manual to the Utah Administrative Code.

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

There is no cost associated with these changes as the inspection frequency was in the Boiler and Pressure Vessel Compliance Manual issued by the Division prior to this change. The requirement is being moved from the Compliance Manual to the Utah Administrative Code.

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:

• 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
• Rick Sturm at the above address, by phone at 801-530-7605, by FAX at 801-530-6871, or by Internet E-mail at rsturm@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:

05/01/2019

This rule may become effective on:

05/08/2019

Authorized by:

Jaceson Maughan, Commissioner

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2020	FY 2021	FY 2022
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
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:	$0	$0	$0

 

*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 is no cost associated with these changes as the inspection frequency was in the Boiler and Pressure Vessel Compliance Manual issued by the Division prior to these changes. The requirement is being moved from the Compliance Manual to this rule.

 

 

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

1. Boiler inspection frequency shall be pursuant to 34A-7-103.

2. Pressure Vessel inspection frequency shall be as follows:

a. Heat exchangers that operate from high pressure steam or high temperature water plants shall be inspected every twenty-four (24) months.

b. Autoclaves that operate above 15 psi steam pressure shall be inspected every twenty-four (24) months.

c. All other pressure vessels which fall under the jurisdiction of the Division shall be inspected every forty-eight (48) months.

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, the 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 9, 2018]2019

Notice of Continuation: August 23, 2016

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