Bill Text: DE HB255 | 2023-2024 | 152nd General Assembly | Draft

Delaware House Bill 255

Bill Title: An Act To Amend Title 7 Of The Delaware Code Relating To The Boiler Safety Program.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed) 2024-04-16 - Assigned to Labor Committee in Senate [HB255 Detail]

Download: Delaware-2023-HB255-Draft.html

SPONSOR:

Rep. Osienski & Sen. Walsh

HOUSE OF REPRESENTATIVES

152nd GENERAL ASSEMBLY

HOUSE SUBSTITUTE NO. 1

FOR

HOUSE BILL NO. 255

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE BOILER SAFETY PROGRAM.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each house thereof concurring therein):

Section 1. Amend Chapter 74B, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

Chapter 74B. BOILER SAFETY PROGRAM

§ 7402B. Definitions.

(a) “Boiler” shall mean means a closed vessel in which water is heated, steam is generated, steam is superheated, or any combination thereof, under pressure or vacuum for use externally to itself by the direct application of heat from the combustion of fuels, or from electricity or nuclear energy. The term “boiler” shall include fired units for heating or vaporizing liquids other than water, where these units are separate from processing systems, and are complete within themselves.

(1) “Heating boiler” shall mean means a steam boiler operating at pressures not exceeding 15 psi, or a hot water boiler operating at pressures not exceeding 160 psi and/or temperatures not exceeding 250 degrees Fahrenheit which is supplied to an external heating system.

(2) “High temperature water boiler” shall mean means a water boiler operating at a pressure exceeding 160 psi and/or temperatures in excess of 250 degrees Fahrenheit.

(3) “Hot water supply boiler” shall mean means a vessel used to heat water for purposes other than space heating, where the water is used external to itself, at pressures not exceeding 160 psi, and/or temperatures not exceeding 250 degrees Fahrenheit at or near the boiler outlet. American Society of Mechanical Engineers (ASME) Stamping would be “ASME Section IV, H.”

(4) “Jacketed cooking kettle” shall mean means a gas or electrically fired jacketed cooking kettle built and stamped “ASME Section VIII, Division 1.” ASME stamping would be “U.”

(5) “Pool heater” shall mean means an appliance designed for heating nonpotable water stored at atmospheric pressure such as water in swimming pools, spas, hot tubs, and similar applications.

(6) “Power boiler” shall mean means a vessel in which steam or other vapor is generated at a pressure of more than 15 PSIG.

(7) “Thermal fluid heater” shall mean means a boiler used to heat an organic fluid for heating and or processing that does not vaporize in the process. Object is considered a boiler in the State of Delaware and is required to be built to Section I of the ASME Construction Codes and registered with the National Board. Overpressure protection will be in accordance with ASME Section I Part PVG.

(8) “Water heater” shall mean means a closed vessel in which water is heated by gas, oil, electric, or some other fuel supply, and the water is used externally to itself for potable water supply, or used for potable water and space heating, operating at pressures not exceeding 160 psi and water temperatures not in excess of 210 degrees Fahrenheit. ASME Stamping would be “ASME Section IV, HLW.”

(b) “Council” shall mean means the Governor’s Council on Boiler Safety.

(d) “National Board” shall mean means the National Board of Boiler and Pressure Vessel Inspectors.

(e) “NBIC” shall mean the National Board Inspection Code. The manual for boiler and pressure vessel inspectors, published by the National Board of Boiler and Pressure Vessel Inspectors. The NBIC is recognized for Repairs and Alterations, and Antique (Historical) boilers only (Part 3 only).

(f) “Place of public assembly” shall mean means any establishment, building, location or any portion thereof within this State intended and used for occupation by persons while employed therein for compensation of any kind, any commercial structure and/or location to which the public has access.

(g) “Pressure vessel” shall mean means containers for the containment of pressure, either internal or external. The pressure may be obtained from an external source or by the application of heat from a direct or indirect source, or any combination thereof.

(h) “PSI” or “psi” shall mean means pounds per square inch.

(i) “PSIG” or “psig” shall mean means pounds per square inch gauge.

(j) “Secretary” shall mean means the Secretary of the Department of Natural Resources and Environmental Control.

(k) “Shop review” shall mean means a general survey and examination of a boiler or pressure vessel manufacturing or repair firm’s facilities, methods and records. The examination is performed by a designee of the ASME, and/or the National Board.

( l ) “Owner” means any person owning any boiler, pressure vessel or nuclear installation within this State other than those exempt under § 7401B(c) of this title and by regulation.

(m) “User means any person operating any boiler, pressure vessel, or nuclear installation within this state other than those exempt by § 7401B(c) of this title and by regulation.

Section 2. Amend Chapter 74B, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 7403B. Program duties and responsibilities.

(a) Notwithstanding the provisions of § 7401B(c) of this title, the Secretary or the Secretary’s designee 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.

(d) The Boiler Safety Program, with the approval of the General Assembly, shall establish appropriate fees for all activities and services provided by the Program, including, but not limited to, commissions, inspections and examinations.

(1) The Department shall establish fees required pursuant to this chapter. The fees shall approximate and reasonably reflect all costs necessary to defray the expenses incurred by the Department in operating the Boiler Safety Program. Fees shall be used solely for the purpose of administering the Boiler Safety Program.

(2) The fees established in subsection (d)(1) of this section shall be credited to a dedicated Boiler Safety Administration Fund established in the accounts of the State Treasurer. Any monies remaining in the Boiler Safety Administration Fund at the end of the fiscal year will remain in the Boiler Safety Administration Fund and not revert to the General Fund. The Boiler Safety Administration Fund shall be maintained in a separate interest-bearing account and shall be administered by the Department.

(e) The Boiler Safety Program shall act as the American Society of Mechanical Engineers (ASME) and National Board designees when performing ASME shop reviews and the 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.

(f) The Boiler Safety Program 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 State. The Boiler Safety Program shall have the authority to issue certificates of inspection for all boilers and pressure vessels that meet state installation guidelines, except those exempt satisfy the requirements of this chapter and any regulations promulgated under this chapter, except those boilers and pressure vessels exempt from this requirement under § 7401B(c) of this title and by regulation. The Boiler Safety Program shall be responsible for inspecting uninsured boilers and pressure vessels as well as boilers and pressure vessels that the insurer Owner has failed to inspect. have inspected. The Secretary or the Secretary’s designee 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 Boiler Safety Program 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 a certificate of inspection.

(2) Failure to obtain the required certificate of inspection shall subject the owner, user and/or contractor to a civil penalty of not less than $1,000 for the first offense and $2,000 for a second or subsequent offense. The Justice of the Peace Courts shall have jurisdiction over all violations of this subsection. Owners or operators of boilers and pressure vessels shall register the boiler or pressure vessel with the Department.

(j) The Secretary or the Secretary’s designee 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. Variances and temporary emergency variances may be granted by the Secretary from any regulation adopted pursuant to this chapter in accordance with § 6011 and 6012 of this title.

Section 3. Amend Chapter 74B, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 7404B. Council on Boiler Safety.

(c) The Council on Boiler Safety shall be composed of 5 6 members who shall be appointed for terms of 3 years by the Governor. The Council shall be composed of 5 6 members; and, preferably 1 shall be a representative of a company licensed to insure boilers and pressure vessels in Delaware, another, a manufacturer who shall have been actively engaged in the manufacture of boilers, another, a user of boilers, another, a mechanical engineer engineer, another, and the fifth, a licensed stationary engineer. Engineer, and the sixth, a representative from a major labor organization that represents workers performing boiler construction, installation, maintenance and repair.

Section 4. Amend Chapter 74B, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 7405B. Enforcement.

(a) When the Secretary determines that any person is in violation of any requirement, rule, or regulation under this chapter, the Secretary shall give notice to the violator of said violator’s failure to comply with such requirement. If such violation extends beyond the thirtieth day after the Secretary’s notification, the Department may issue an order requiring compliance within a specified time period or assess a civil penalty. Any civil penalty assessed under this subsection shall not be less than $ 1,000 and not more than $ 10,000 for each day of violation.

(b) If a violator fails to take action to correct the violation within the time specified in the order, the violator shall be liable for a civil penalty of not more than $ 10,000 for each day of continued noncompliance.

(c) Orders issued under this section shall state with reasonable specificity the nature of the violation, specify a time for compliance, and assess a penalty as determined by the Secretary based on the seriousness of the violation and any good faith efforts to comply with the applicable requirements.

(d) Orders shall become final unless, no later than 20 days after the order is served, any person whose interest is substantially affected by the order appeals to the Environmental Appeals Board (EAB) in accordance with § 6008 of this title.

(e) Any expenses or civil penalties collected by the Department under this action shall be credited to the fund established under § 7403B of this title.

SYNOPSIS

This Act makes several updates to the Boiler Safety Program. The Boiler Safety Program can issue certificates of compliance and the Secretary can grant variances. A 6th member is added to the Boiler Safety Council from associated labor unions. It adds an enforcement section for violators who fail to comply with Program requirements. This Act also makes technical corrections to conform with current drafting standards. Finally, the Act allows DNREC to establish fees for the Program that reasonably reflect the cost of the Program and defray its expenses. It therefore requires a 3/5 vote.