DAR File No. 43711

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.: 43711
Filed: 05/09/2019 02:13:13 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment is to correct a typographical error in this section; to change 4000,000 btu/hr to 400,000 btu/hr.; and to clarify how the Division of Boiler, Elevator and Coal Mine Safety (Division) will apply this code. The 400,000 btu/hr restriction used to be part of the book's title but is no longer included.

Summary of the rule or change:

This amendment changes 4000,000 btu/hr to 400,000 btu/hr. (EDITOR'S NOTE: A corresponding 120-day (emergency) filing to Section R616-2-3, that is effective as of 05/09/2019, is under Filing No. 43710 in this issue, June 1, 2019, of the Bulletin.)

Statutory or constitutional authorization for this rule:

• Section 34A-7-101 et seq.

Anticipated cost or savings to:

the state budget:

There will be no cost or savings to the state budget because of this change because the Division already enforces the standard at 400,000 btu/hr.

local governments:

There will be no cost or savings to local governments because of this change, because the Division already enforces the standard at 400,000 btu/hr.

small businesses:

There will be no cost or savings to small businesses because of this change because the Division already enforces the standard at 400,000 btu/hr.

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

There will be no cost or savings to other persons because of this change because the Division already enforces the standard at 400,000 btu/hr.

Compliance costs for affected persons:

There will be no cost or savings to affected persons because of this rule because the Division already enforces the standard at 400,000 btu/hr.

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

There will be no cost or savings because of this change because the Division already enforces the standard at 400,000 btu/hr.

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 [email protected]

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:

07/01/2019

This rule may become effective on:

07/08/2019

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 this adoption as the ASME Code associated with this addition is already applied to units over 400,000 btus/hr input. The additional wording being placed in the Administrative Code was part of the ASME Code Title previously but was removed from said title.

 

 

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: 2019

Notice of Continuation: August 23, 2016

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