CHAPTER 418

FORMERLY

HOUSE BILL NO. 606

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE REGARDING BOILERS AND TITLE 29 OF THE DELAWARE CODE REGARDING BOILER SAFETY AND THE ADMINISTRATIVE PROCEDURES ACT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend Chapter 85, Title 16 of the Delaware Code by striking Chapter 85 in its entirety.

Section 2. Amend §8210, Title 29 of the Delaware Code by striking present §8210 in its entirety and substituting the following in lieu thereof:

Ҥ8210. Division of Boiler Safety.

(a) The Division of Boiler Safety is established and shall have the powers, duties, and functions set forth in this section. The Division shall be responsible for the administrative, ministerial, budgetary, clerical and investigative functions as provided by law.

(b) The primary objective of the Division of Boiler Safety is to protect the general public, especially those persons who are owners or users of objects certified by the Division, from unsafe construction, operation, maintenance and repair of boilers, pressure vessels, and nuclear installations. The secondary objectives of the Division are to maintain minimum standards of inspector competency and to maintain certain standards in the delivery of services to the public. In meeting these objectives, the Division shall develop standards assuring professional competence; shall monitor complaints brought against inspectors, and shall develop rules and regulations.

(c) The mandates of this section shall not apply to the following:

(1) Any boiler or pressure vessels, which is subject to federal inspection and control;

(2) Any pressure vessel used for the transport or storage of compressed gasses and liquids under the control or regulation of the United State Department of Transportation;

(3) Any air tank on any vehicle used for carrying passengers or freight and operated under the authority of any other state agency;

(4) Any air tank installed on the right-of-way of railroads;

(5) Any unfired pressure vessel not exceeding:

a. Five cubic feet in volume and up to 250 psig working pressure;

b. One and one-half cubic feet in volume and up to 600 psig working pressure;

c. An inside diameter of six inches.

(6) Any unfired pressure vessel having an internal and/or external operating pressure not exceeding 15 psig;

(7) Any unfired pressure vessel containing water at ambient temperatures when either of the following limitations is exceeded: 1) a nominal water containing capacity of 120 gallons; or 2) 100 psig working pressure;

(8) Any water filter or softener containing water at ambient temperature when the pressure does not exceed 300 psig;

(9) Any pressure vessel under the control of the State Fire Marshal;

(10) Any water heater, directly fired with oil, gas, or electricity, which shall be equipped with American Society of Mechanical Engineers (ASME) stamped safety relief valves and which cannot exceed any of the following limitations:

a. Heat input of 200,000 Btu/hr. or 58,600 watts.

b. Water temperature of 210 degrees Fahrenheit.

c. Nominal water capacity of 120 gallons.

(11) Any coil type hot water boiler, without any steam space where water flashes into steam when released through a manually operated nozzle, unless one of the following limitations is exceeded:

a. A ¾-inch diameter tubing or pipe size, with no drum or headers attached;

b. Nominal water containing capacity does not exceed six gallons;

c. Water temperature does not exceed 350 degrees Fahrenheit;

d. Steam is not generated within the coil.

(d) Notwithstanding the provisions of subsection (c) of this section, the Director, or his or her representative, shall have immediate access to the premises for investigation purposes in the event of an accident related to the construction, operation, maintenance or repair of a boiler, pressure vessel or nuclear installation.

(e) Notwithstanding any provision to the contrary, any heating and hot water supply boiler located in an apartment complex or residence of six or less living units, or any heating or hot water supply boiler used to heat a single unit, where the heat input does not exceed 100,000 Btu/hr., shall be exempt from field inspection only.

(f) The Division of Boiler Safety shall have the authority to specify minimum standards for the fabrication, construction, installation, operation, inspection, and repair of all boilers, pressure vessels, and nuclear installations in this state, except those exempt under subsection (c) of this section.

(g) The Division of Boiler Safety, with the approval of the Secretary of Public Safety, shall establish appropriate fees for all activities and services provided by the Division, including, but not limited to, commissions, inspections, and examinations.

(h) The Division of Boiler Safety shall have the authority to perform ASME shop reviews and National Board of Boiler and Pressure Vessel Inspectors (NBBPVI) shop reviews of those manufacturers and repair companies of boilers and pressure vessels in this state.

(i) The Division of Boiler Safety shall have the authority to require that all boilers and pressure vessels in this state be inspected by persons commissioned as boiler and pressure vessel inspectors in this state, and to issue a Certificate of Inspection to all boilers and pressure vessels that meet state installation guidelines, except those exempt under subsection (c) of this section. The Division shall be responsible for inspecting uninsured boilers and pressure vessels. The Director, or his or her representative, shall have immediate access to the site of all installations for inspection purposes and in the event of an accident. Inspection requirements shall be contained in rules and regulations.

(1) All owners, users, and/or contractors, who are responsible for the installation of boilers or pressure vessels in this state, shall obtain a Certificate of Inspection from the Division of Boiler Safety prior to the operation of the boiler or pressure vessel. Notwithstanding this provision, any newly installed boiler or pressure vessel may be operated for testing necessary for issuance of Certificate of Inspection.

(2) Failure to obtain the required Certificate of Inspection shall subject the owner, user and/or contractor to a fine of not less than $1,000 for the first offense and $2,000 for a second or subsequent offense. Justice of the Peace courts shall have jurisdiction over all violations of this subsection.

(j) The Director of the Division of Boiler Safety shall have the authority to issue a commission to an applicant as an inspector of boiler and pressure vessels, who meets the following criteria:

(1) Shall file a notarized application with the Director and pay the fee established by the Division.

(2) Shall obtain a passing score on the validated examination for inspector.

(3) Shall possess a valid, current commission issued by the NBBPVI.

(4) Shall not have been the recipient of any administrative penalties regarding his or her inspection practices in any other state where he or she has held, or currently holds, a commission. The applicant shall be responsible for providing proof of valid commission in all states where he or she holds or has held a commission as boiler inspector.

(k) All shop inspections required by the ASME Boiler and Pressure Vessel Code shall be performed by a state-commissioned inspector.

(l) The Director of the Division of Boiler Safety shall promulgate and enforce rules and regulations, which shall be binding on all persons commissioned by the Division including manufacturers and users of boilers and pressure vessels. The rules and regulations shall conform, insofar as possible, to the ASME Boiler and Pressure Vessel Code and the NBBPVI’s Inspection Code.

(m) The Director of the Division of Boiler Safety shall have the authority to grant a variance, on a case by case basis, to those rules and regulations that pertain to the installation of new boilers to replace existing boilers.

(n) The Director of the Division of Boiler Safety shall designate, contract, approve, and arrange for the administration of all examinations.

(o) The Director of the Division of Boiler Safety shall have the following powers, duties, and functions relating to the administration of examinations:

(1) Deposit all fees received for testing to be used to cover the costs of all expenses directly related to the administration of examinations.

(2) Review, approve, and execute all contracts for examination services.

(3) Review and approve the content and validity of any examination.

(4) Supervise the administration and proctoring of all tests.

(p) The Director of the Division of Boiler Safety, or any officer or employee of the Division designated by the Director, shall:

(1) Have the power of a constable pursuant to §2902(d) of Title 10 of the Delaware Code, for the sole purpose of executing and serving the administrative inspection warrants, subpoenas, and summons issued under the authority of this State and pursuant to the performance of their duties; and

(2) Have the power to shut down unsafe boilers or pressure vessels pursuant to this chapter.

(q) The Director shall have the power to suspend or revoke a state commission for a finding of improper conduct. Where an application has been refused or rejected for a commission as inspector in this state, or where a commission has been suspended for improper conduct, the applicant may appeal to the Secretary of Public Safety.

(r) The Director shall establish a process for handling citizen complaints regarding the unsafe operation of boilers and pressure vessels in this state, which process shall be promulgated in rules and regulations.”

Section 3. Amend subsection (13), §10161, Title 29 of the Delaware Code by redesignating present subsection (13) as new subsection (14) and by renumbering each succeeding subsection accordingly.

Section 4. Amend §10161, Title 29 of the Delaware Code by adding thereto a new subsection (13) entitled “(13) Division of Boiler Safety;”.

Section 5. All persons responsible for the maintenance of boilers and pressure vessels in public schools in this state shall attend an annual safety seminar provided by the Division of Boiler Safety. The principals of the public schools shall be responsible for insuring the responsible person’s attendance at the seminar and for providing the names of all responsible persons to the Division of Boiler Safety.

Approved July 13, 2000