Title: S.L. 1975-895
Category: Introduced Bills

General Assembly of North Carolina	1975

NORTH CAROLINA GENERAL ASSEMBLY
1975 SESSION

CHAPTER 895
HOUSE BILL 648

AN ACT TO BE KNOWN AS THE UNIFORM BOILER AND PRESSURE VESSEL ACT OF NORTH CAROLINA.

The General Assembly of North Carolina enacts:

Section 1.  This act shall be known as the Uniform Boiler and Pressure Vessel Act of North Carolina.
Sec. 2.  Definitions, (a) The term "board" shall mean the North Carolina Board of Boiler and Pressure Vessel Rules; (b) the term "commissioner" shall mean the North Carolina Commissioner of Labor; (c) the term "director" shall mean the individual appointed by the commissioner to hold the office of Director of the Boiler and Pressure Vessel Division within the Department of Labor; (d) the term "inspectors commission" shall mean a written authorization by the commissioner for a person, who has met the qualifications set out in this act, to conduct inspections of boilers and pressure vessels; (e) the term "inspection certificate" shall mean certification by the director that a boiler or pressure vessel is in compliance with the rules and regulations adopted under this act; (f) 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; (g) the term "pressure vessel" shall mean a vessel in which the pressure is obtained from an indirect source or by the application of heat from an indirect source or a direct source, other than those included within the term "boiler".
Sec. 3.  Coverage and exemptions, (a) This act shall apply to all boilers and pressure vessels constructed, used, or designed for operation in this State including all new and existing installations which are operated in connection with business buildings, institutional buildings, industrial buildings, assembly buildings, educational buildings, public residential buildings, recreation buildings, and other public buildings. This act shall also apply to boilers and hot water supply tanks, and heaters located in hotels, motels, tourist courts, camps, cottages, resort lodges, and similar places whenever the owner or operator advertises in any manner for transit patronage, or solicits such business for temporary abode by transit patrons.
(b)	This act shall not apply to:
(1)	Boilers and pressure vessels owned and/or operated by the federal government;
(2)	Pressure vessels used for transportation or storage of compressed gases when constructed in compliance with the specifications of the U. S. Department of Transportation and when charged with gas marked, maintained, and periodically requalified for use, as required by appropriate regulations of the U.S. Department of Transportation;
(3)	To portable boilers and 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;
(4)	Boilers and pressure vessels which are located in private residences or in apartment houses of less than six families;
(5)	Pressure vessels used for transportation or storage of liquefied petroleum 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;
(7)	Air tanks installed on right-of-way of railroads and used directly in the operation of trains;
(8)	Pressure vessels that do not exceed 5 cubic feet in volume and 250 PSIG pressure; or 1 1/2 cubic feet in volume and 600 PSIG pressure; or an inside diameter of 6 inches with no limitations on pressure;
(9)	Pressure vessels operating at a working pressure not exceeding 15 PSIG;
(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;
(11)	Boilers and pressure vessels on railroad steam locomotives that are subject to federal safety regulations.
(c)	The construction requirements established by the Department of Labor shall not apply to hot water supply boilers which are directly fired with oil, gas or electricity, or hot water supply tanks heated by steam or any other indirect means, which do not exceed any of the following limitations:
(1)	Heat input of 200,000 BTU HR;
(2)	Water temperature of 200 degrees F;
(3)	Nominal water capacity of 120 gallons; provided that they are equipped with ASME Code and National Board certified safety relief valves and shall continue to be subject to field inspection.
Sec. 4.  Commissioner of Labor; powers and duties. The Commissioner of Labor is hereby charged, directed, and empowered: (a) to adopt, modify or revoke rules and regulations governing the construction, operation and use of boilers and pressure vessels; (b) to supervise the office of the Director of Boiler and Pressure Vessel Division; (c) to enforce rules and regulations adopted under authority of this act; (d) to inspect boilers and pressure vessels covered under this act; (e) to issue inspection certificates to those boilers and pressure vessels found in compliance with this act; (f) to enjoin violations of this act in the civil and criminal courts of this State; (g) to keep adequate records of the type, dimensions, age, conditions, pressure allowed upon, location and date of the last inspection of all boilers and pressure vessels to which this act applies; (h) 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 act; (i) 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 or operated in accordance with the provisions of this act; (j) to investigate serious accidents involving boilers and pressure vessels to determine the causes of such accident(s), and he shall have full subpoena powers in conducting said investigation; (k) to establish reasonable fees for the inspection and issuance of inspection certificates for boilers and pressure vessels; (l) to establish reasonable fees for the examination and certification of inspectors; (m) to appoint qualified individuals to the Board of Boiler and Pressure Vessel Rules.
Sec. 5.  Office of director of boilers and pressure vessels division; creation, powers and duties. There is hereby created the office of Director of the Boiler and Pressure Vessel Division within the North Carolina Department of Labor. The person holding this office shall assist the commissioner in carrying out the provisions of this act in accordance with the provisions of Chapter 126 of the General Statutes. The director is charged with the responsiblity for the administration of this act on a day to day basis.
The director shall be primarily responsible for the inspection of boilers and pressure vessels subject to this act and for the issuance of inspection certificates for those boilers and pressure vessels found suitable. He shall also be responsible for the collection of fees for the inspection of boilers and pressure vessels and transmitting the same to the State Treasurer, where they shall be held in a special account to cover the operating expenses associated with the direct field inspections of this act. All administrative functions pursuant to this act shall be paid out of the State general fund.
Sec. 6.  Board of boiler and pressure vessels rules; creation, appointment, terms, compensation and duties. (a) There is hereby created the North Carolina Board of Boiler and Pressure Vessels Rules consisting of seven members appointed by the commissioner, of which two shall be appointed for a term of one year, two for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years. At the expiration of their respective terms of office, their successors shall be appointed for terms of five years each. Of these seven appointed members, one shall be a representative of the owners and users of steam boilers within this State, one a representative of boiler manufacturers or boiler makers who has had not less than five years practical experience as a boiler maker within this State, one shall be a representative of the owners or users of pressure vessels within the State, one shall be a representative of the pressure vessel manufacturers within the State, one a representative of a boiler inspection and insurance company authorized to insure boilers and pressure vessels within the State, one a representative of the operating steam engineers in this State, and one a contractor holding a Group 1 North Carolina heating license.
(b)	The board shall meet at least twice annually and shall be responsible for:
(1)	Studying and proposing rules and regulations, for adoption, modification or revocation by the commissioner, governing the construction, installation, inspection, repair, alteration, use and operation of boilers and pressure vessels in this State. The rules and regulations so formulated shall conform as nearly as possible to the boiler code of the American Society of Mechanical Engineers and amendments and interpretations thereto made and approved by the council of the society.
(2)	Devise and administer examinations to applicants seeking a certificate of competency as inspectors of boilers and pressure vessels in this State.
(3)	Issue, suspend, or revoke inspectors commission to inspectors of boilers and pressure vessels within this State.
(c)	The members of the board shall serve without salary but shall be paid a subsistence and travel allowance as established by the Advisory Budget Commission in accordance with Chapter 138 of the General Statutes.
Sec. 7.  Rules and regulations governing the construction, operation and use of boilers and pressure vessels. The commissioner, after consultation with the board, may adopt, modify or revoke such rules and regulations governing the construction, installation, repair, alteration, inspection, use and operation of boilers and pressure vessels as he deems appropriate to insure the safe operation and avoidance of injury to person or property from boilers and pressure vessels.
The procedure for the adoption, modification or revocation of such rules and regulations shall be the same as that contained within the Administrative Procedure Act of North Carolina as the same appears in Chapter 150A of the General Statutes.
Sec. 8.  Inspectors; classifications, qualifications, examinations, certificates of competency, inspectors commission. (a) There shall be three types of inspectors authorized to conduct inspections and report their findings to the director under this act:
(1)	Boiler and pressure vessel inspector. Shall be a qualified individual appointed by the commissioner, to assist in conducting inspections under this act and report on the suitability of boilers and pressure vessels so inspected;
(2)	Special inspector. Shall be a qualified individual regularly employed by an insurance company authorized to insure in this State against injury to person and/or property from explosions and accidents involving boilers and pressure vessels;
(3)	Owner-user inspectors. Shall be a qualified individual employed on a full-time basis by a company operating boilers or pressure vessels for its own use and not for resale, and maintains an established inspection program for periodic inspection of boilers and pressure vessels owned or used by that company and where such inspection program is under the supervision of one or more engineers having qualifications satisfactory to the commissioner.
(b)	Inspectors commission. Any company authorized to insure in this State against loss to person or property as a result of an explosion or accident involving boilers and pressure vessels or operating boilers and/or pressure vessels for its own use and not for resale, may apply for the issuance of an inspectors commission for an individual within its employ who has a certificate of competency.
A commission authorizes an inspector to make inspections on boilers and pressure vessels and report on the suitability of said boilers and pressure vessels to the director. Those inspectors holding commissions as special inspectors shall be limited to making inspections on boilers and pressure vessels insured by their employer. Owner-user inspectors shall be limited to conducting inspections on boilers and pressure vessels operated by their respective employers.
(c)	Qualifications for certificates of competency. To be entitled to a certificate of competency, as one of the above type inspectors, an individual must:
(1)	Have passed an examination provided and administered by the board, or
(2)	Have passed an examination and been certified in a state having rules and regulations substantially similar to those effective within North Carolina; or
(3)	Hold a certificate of competency of the National Board of Boiler and Pressure Vessel Inspectors; and
(4)	Continue in the employ of the company requesting the certificate of competency from the board.
Sec. 9.  Inspections; type, frequency, report, certificates, fees. (a) All boilers and pressure vessels subject to the provisions of this act shall be inspected by an authorized inspector, as set out in section 8 above, at such intervals and by such methods as the commissioner may from time to time prescribe by regulation. In determining the frequency with which various categories of boiler and pressure vessels shall be inspected, the commissioner shall give due consideration the hazard involved and need for protection of the public. Methods 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 act. 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 boiler or pressure vessel may be operated without an inspection certificate, except pressure vessels being operated under 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. 10.  Review of administrative decision. (a) Final decisions of the board or the director involving revocation or suspension of an inspectors commission or inspection certificate shall not be made until the aggrieved party has been afforded an opportunity for a hearing after notice has been given in accordance with the Administrative Procedure Act of North Carolina as the same appears in Chapter 150A of the General Statutes.
(b)	Final decisions by the board or director involving denial of an application for a certificate of competency, refusal to issue or renew an inspection certificate need not await a hearing on the merits. After the decision is conveyed to the affected party, that party shall have the right to appeal to the commissioner for review within 30 days. The commissioner shall afford the aggrieved party an opportunity for a hearing after which he may affirm, modify or revoke the decision below. The decisions of the board or the director within this category shall not be stayed pending review by the commissioner.
(c)	After review by the commissioner of a decision of the board or the director, a party may obtain judicial review within 30 days in accordance with the Administrative Procedure Act.
Sec. 11.  Criminal penalties. It shall be unlawful for any person, firm, partnership, association or corporation to operate or use any boiler or pressure vessel in this State, and to which this act applies, without a valid inspection certificate issued by the North Carolina Department of Labor. Any person, firm, partnership, association or corporation found to be operating or using a boiler or pressure vessel without a valid inspection certificate shall be guilty of a misdemeanor and upon conviction be subject to a fine of one thousand dollars ($1,000) or imprisonment for 30 days, or both in the discretion of the court.
Any person who knowingly and willfully misrepresents himself as an authorized inspector in North Carolina, shall be guilty of a misdemeanor and upon conviction thereof be fined up to one thousand dollars ($1,000) or imprisonment for six months, or both in the discretion of the court.
Sec. 12.  All laws and clauses of laws in conflict with this act are repealed.
Sec. 13.  This act shall become effective on January 1, 1976.
In the General Assembly read three times and ratified, this the 26th day of June, 1975.

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