GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION
CHAPTER 351
AN ACT TO MAKE TECHNICAL AND OTHER CHANGES TO THE UNIFORM BOILER AND PRESSURE VESSEL ACT.
The General Assembly of North Carolina enacts:
Section 1. G.S. 95-69.9(b) reads as rewritten:
"(b) The term 'boiler'
shall mean 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. This term 'boiler'
shall also include fired units for heating or vaporizing liquids other than
water where these units are separate from processing systems and are complete
within themselves;".
Sec. 2. G.S. 95-69.10(b) reads as rewritten:
"(b) This Article shall not apply to:
(1) Boilers and pressure
vessels owned and/or operated by the federal government; government.
(2) Pressure vessels used
for transportation or storage of compressed gases when constructed in
compliance with the specifications of the United States Department of
Transportation and when charged with gas marked, maintained, and periodically
requalified for use, as required by appropriate regulations of the United
States Department of Transportation; Transportation.
(3) To portable boilers
and Portable pressure vessels used for agricultural purposes only or
for pumping or drilling in an open field for water, gas or coal, gold, talc, or
other minerals and metals; metals.
(4) Boilers and pressure
vessels which are located in private residences or in apartment houses of less
than six families; families.
(5) Pressure vessels used
for transportation or storage of liquified petroleum gas; gas.
(6) Air tanks located on
vehicles licensed under the rules and regulations of other state authorities
operating under rules and regulations substantially similar to those of this
State and used for carrying passengers or freight within interstate commerce;
commerce.
(7) Air tanks installed on
right-of-way of railroads and used directly in the operation of trains; trains.
(8) Pressure vessels that
do not exceed five cubic feet in volume and 250 PSIG pressure; or one and
one-half cubic feet in volume and 600 PSIG pressure; or an inside diameter of
six inches with no limitations on pressure; pressure.
(9) Pressure vessels
operating at a working pressure not exceeding 15 PSIG pressure; pressure.
(10) Pressure vessels with a nominal
water capacity of 120 gallons or less and containing water under pressure at
ambient temperature, including those containing air, the compression of which
serves as a cushion; cushion.
(11) Boilers and pressure vessels on
railroad steam locomotives that are subject to federal safety regulations; regulations.
(12) Repealed by Session Laws 1985, c. 620, s. 2, effective July 5, 1985.
(13) Coil-type hot water supply boilers, generally referred to as steam jennies, where the water can flash into steam when released directly to the atmosphere through a manually operated nozzle and where adequate safety relief valves and controls are installed on them, provided none of the following limitations are exceeded:
a. There is no drum, header, or other steam space.
b. No steam is generated within the coil.
c. Maximum 1 inch tube size.
d. Maximum 3/4 inch nominal pipe size.
e. Maximum 6 gallon nominal water storage capacity.
f. Water temperature of 350 degrees fahrenheit.
(14) Pressure vessels containing water at a temperature not exceeding 110 degrees fahrenheit except that this provision shall not exclude hydropneumatic pressure vessels from regulation."
Sec. 3. G.S. 95-69.11 reads as rewritten:
"§ 95-69.11. Powers and duties of Commissioner.
The Commissioner of Labor is hereby charged, directed, and empowered:
(1) To adopt, modify modify,
or revoke rules and regulations governing the construction, operation
operation, and use of boilers and pressure vessels, including, where
necessary, requirements for fencing to prevent unauthorized persons from coming
in contact with boilers and pressure vessels or the systems they are connected to;
to.
(2) To supervise the
office of the Director of Boiler and Pressure Vessel Division; Division.
(3) To enforce rules and
regulations adopted under authority of this Article; Article.
(4) To inspect boilers and
pressure vessels covered under this Article; Article.
(5) To issue inspection
certificates to those boilers and pressure vessels found in compliance with
this Article; Article.
(6) To enjoin violations
of this Article in the civil and criminal courts of this State; State.
(7) To keep adequate
records of the type, dimensions, age, conditions, pressure allowed upon, location
location, and date of the last inspection of all boilers and
pressure vessels to which this Article applies; applies.
(8) To require such periodic
reports from inspectors, owners, and operators of boilers and pressure vessels
as he deems appropriate in carrying out the purposes of this Article; Article.
(9) To have free access,
without notice, to any location in this State, during reasonable hours, where a
boiler or pressure vessel is being built, installed, or operated for the
purpose of ascertaining whether such boiler or pressure vessel is built, installed
installed, or operated in accordance with the provisions of this Article;
Article.
(10) To investigate serious accidents
involving boilers and pressure vessels to determine the causes of such
accident(s), the accidents, and he shall to have full
subpoena powers in conducting said investigation; the investigation.
(11) To establish reasonable fees for
the inspection and issuance of inspection certificates for boilers and pressure
vessels; vessels that are in use.
(12) To establish reasonable fees for
the examination and certification of inspectors; inspectors.
(13) To appoint qualified individuals to the Board of Boiler and Pressure Vessel Rules.
(14) To perform inspections and audits relating to the construction and repair of boilers and pressure vessels and to establish and collect fees for these activities."
Sec. 4. G.S. 95-69.16 reads as rewritten:
"§
95-69.16. Inspections; report, certificates, fees. Inspection
certificate required.
(a) All boilers
and pressure vessels subject to the provisions of this Article shall be
inspected by an authorized inspector, as set out in G.S. 95-69.15, at such
intervals and by such methods as the Commissioner may from time to time
prescribe by regulation. inspector. The Commissioner may determine
both the frequency and the method of inspection. In determining the
frequency with which various categories of boiler and pressure vessels shall
be inspected, of inspection, the Commissioner shall give due
consideration to the hazard involved and the need for the protection
of the public. Methods The method of inspection must provide
an adequate procedure to insure the safety of individuals likely to be injured
by an explosion or accident involving a boiler or pressure vessel.
(b) Upon
completion of an inspection the authorized inspector shall file a report on the
suitability of the boiler or pressure vessel inspected with the Director.
The inspector shall attach the fee paid for the inspection to his report.
(c) Upon
receipt of the inspector's report and fee, the Director shall determine whether
or not a boiler or pressure vessel is in compliance with the rules and
regulations adopted under this Article. If the Director determines it is
in compliance he shall issue an inspection certificate authorizing use of the
boiler or pressure vessel. When the Director determines a boiler or
pressure vessel is not in compliance, he shall so notify the owner or user
within 10 working days. No
No boiler or pressure vessel may be operated without
an inspection certificate, except pressure vessels being operated under an owner-user
provision where administrative procedures of equal safety and competency have
been approved by the Board and Commissioner. No more than 60 days grace
period may be granted beyond the certificate expiration date. An
individual whose boiler or pressure vessel is found in noncompliance may appeal
that determination to the Commissioner within 30 days after notification of the
decision is received."
Sec. 5. G.S. 95-69.17(b) reads as rewritten:
"(b) A final decision to
deny an application for a certificate of competency or to refuse to issue or
renew an inspection certificate shall be made in accordance with Chapter 150B
of the General Statutes. In a contested case under this subsection, the
decision of the Board or Director shall not be stayed pending administrative
review."
Sec. 6. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 15th day of July, 1993.
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Dennis A. Wicker
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives