DAR File No. 43710

Labor Commission, Boiler, Elevator and Coal Mine Safety

Section R616-2-3

Safety Codes and Rules for Boilers and Pressure Vessels

Notice of 120-Day (Emergency) Rule

DAR File No.: 43710
Filed: 05/09/2019 02:11:26 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule change is to fix a typographical error in this rule; to change 4000,000 btu/hr to 400,000 btu/hr in Subsection R616-2-3(C).

Summary of the rule or change:

This rule change is to fix a typographical error in this rule; to change 4000,000 btu/hr to 400,000 btu/hr in Subsection R616-2-3(C). (EDITOR'S NOTE: A corresponding proposed amendment to Section R616-2-3 is under filing No. 43711 in this issue, June 1, 2019, of the Bulletin.)

Emergency rule reason and justification:

Regular rulemaking procedures would cause an imminent peril to the public health, safety, or welfare.

Justification: If this is not corrected, it would eliminate the requirements for safety controls and devices on 5,981 operating boilers in the state of Utah.

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 this adoption as the ASME Code associated with this addition is already applied to units over 400,000 btus/hr input.

local governments:

There is no cost to local governments associated with this adoption as the ASME Code associated with this addition is already applied to units over 400,000 btus/hr input.

small businesses:

There is no cost to small businesses associated with this adoption as the ASME Code associated with this addition is already applied to units over 400,000 btus/hr input.

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

There is no cost to other persons associated with this adoption as the ASME Code associated with this addition is already applied to units over 400,000 btus/hr input.

Compliance costs for affected persons:

There is no cost for affected persons associated with this adoption as the ASME Code associated with this addition is already applied to units over 400,000 btus/hr input.

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

There is no cost to businesses associated with this adoption as the ASME Code associated with this addition is already applied to units over 400,000 btus/hr input.

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 801-530-7505, by FAX at 801-530-6871, or by Internet E-mail at phackford@utah.gov

This rule is effective on:

05/09/2019

Authorized by:

Jaceson Maughan, Commissioner

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 -- 2017.

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 -- 2016.

C. Controls and Safety Devices for Automatically Fired Boilers (Applicable to boilers with fuel input ratings greater than or equal to [4000,000]400,000 btu/hr) 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: May 9, 2019

Notice of Continuation: August 23, 2016

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