STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 346	By:	Paddack

AS INTRODUCED

An Act relating to boilers; amending 40 O.S. 2011, Sections 141.3, 141.9 and 141.16, which relate to regulations, boiler inspectors and fees; adopting certain code for certain boilers; changing application date for insurance renewal certificate; increasing duplicate license fee; making fees nonrefundable; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     40 O.S. 2011, Section 141.3, is amended to read as follows:
Section 141.3  A.  Formulation.  The Commissioner of Labor shall formulate and adopt definitions, rules and regulations for the safe construction, installation, inspection, operation, maintenance and repair of boilers and pressure vessels in this state.
1.  The definitions, rules and regulations so formulated for new construction shall be based upon and follow generally accepted national engineering standards, formula and practices related to boiler and pressure vessel construction and safety.  The Commissioner of Labor may adopt an existing American National Standard known as the Boiler and Pressure Code of the American Society of Mechanical Engineers, with the addenda and code cases, and may also adopt subsequent revisions in the form of addenda and code cases of that standard provided such revisions are acceptable to the Commissioner.  When so adopted, the same shall be deemed incorporated into, and to constitute a part of the whole of the definitions, rules and regulations of the Commissioner of Labor;
2.  The Commissioner of Labor shall formulate rules and regulations to ensure that boiler and pressure vessel manufacturers, jobbers, dealers or individuals selling, renting or leasing or offering for sale, rent or lease or operation, any boiler or pressure vessel which is within the scope of this act meets the requirements of this act, rules and regulations hereinafter adopted. Any manufacturer, jobber, dealer or individual found to be in violation of this section shall be subject to any current penalty as herein provided;
3.  The Commissioner of Labor shall formulate rules and regulations which may permit the use of boilers and pressure vessels which were in operation in this state prior to the date upon which the first rules and regulations under this act pertaining to existing installations become effective, or during the twelve‑month period immediately thereafter; and
4.  The rules for inspection, maintenance and repair of installed boilers and pressure vessels shall be based upon and follow generally accepted national standards as promulgated by the National Board of Boiler and Pressure Vessel Inspectors or by the American Petroleum Institute Pressure Vessel Inspection Code as a minimum standard as relates to boiler and pressure vessels.  The National Fire Protection Association (NFPA 85-2011) Boiler and Combustion Systems Hazards Code is hereby adopted for boilers over 12.5 million BTU.
B.  Promulgation.  The rules and regulations and any subsequent amendments thereto formulated or adopted by the Commissioner of Labor shall be adopted in accordance with the Oklahoma Administrative Procedures Act, except that the rules applying to the construction of new boilers and pressure vessels shall not become mandatory until six (6) months after their promulgation by the Commissioner.
SECTION 2.     AMENDATORY     40 O.S. 2011, Section 141.9, is amended to read as follows:
Section 141.9  A.  1.  Certificates of competency designating special inspectors of boilers and pressure vessels shall be issued by the Commissioner of Labor upon request of any authorized inspection agency, which has been licensed or registered by the appropriate authority of this state.  All such authorized inspection agencies shall provide boiler and pressure vessel insurance coverage and be actively engaged in writing this type coverage in this state;
2.  Before receiving a certificate of competency, each inspector shall receive a passing grade on the examination provided for by Section 10 141.10 of this act title, or shall hold a commission or certificate of competency as an inspector of boilers or pressure vessels from a state that has a standard of examination equal to that of this state, or a commission as an inspector of boilers and pressure vessels issued by the National Board of Boiler and Pressure Vessel Inspectors;
3.  Special inspectors shall not receive any salary or expenses from this state, and a certificate of competency shall be valid only as long as such special inspectors are in full‑time employment of an authorized inspection agency;
4.  Special inspectors may inspect all boilers and pressure vessels insured by their respective authorized inspection agency; and
5.  The insurance company shall apply on or before January 31 of each year the last day of the special inspector's birth month for renewal of certificates of competency for each special inspector employed who inspects boilers and pressure vessels insured in this state.  The fee must accompany application.
B.  1.  Certificates of competency designating owner‑user inspectors of boilers or pressure vessels or both shall be issued by the Commissioner upon request of any company operating boilers or pressure vessels or both in this state.  The owner‑user shall maintain a regularly established inspection department which is under the supervision of one or more technically competent individuals whose qualifications and whose organization and inspection procedures are in accordance with paragraph 4 of subsection A of Section 3 141.3 of this act title and acceptable to the Commissioner of Labor.  Boilers and pressure vessels shall be inspected regularly and in accordance with applicable provisions of the rules and regulations adopted by the Commissioner pursuant to this act the Boiler and Pressure Vessel Safety Act;
2.  Before receiving a certificate of competency, each inspector shall attain a passing grade on the examination provided for by Section 10 141.10 of this act title, or shall hold a certificate of competency as an inspector from a state that has a standard of examination equal to that of this state, or who holds a valid commission issued in accordance with the constitution and bylaws of the National Board of Boiler and Pressure Vessel Inspectors;
3.  A certificate of competency as an owner‑user inspector shall be issued only if, in addition to meeting the requirements in paragraph 2 of this subsection, the inspector is continuously employed by the company and is responsible for making inspection of boilers and pressure vessels used by such company;
4.  Owner‑user inspectors shall not receive any salary or expenses from this state and a certificate of competency shall be valid only as long as such owner‑user inspector is employed full time by a qualified owner‑user inspection agency, in accordance with the applicable provisions of the rules and regulations adopted pursuant to this act;
5.  The owner‑user inspection agency will apply on or before January 31 of each year for renewal of competency for each owner‑user inspector employed in this state.  The fee must accompany application; and
6.  Such owner‑user inspectors may inspect all pressure vessels operated by their respective companies and, when so inspected, the owners and users of such pressure vessels shall be exempt from the payment to the state of the inspection fees provided for in Section 16 141.16 of this act title.
SECTION 3.     AMENDATORY     40 O.S. 2011, Section 141.16, is amended to read as follows:
Section 141.16.
A.  1. a.	Annual certificate of operation fee shall be as follows:
(1)	with manway state inspector	$75.00
(2)	without manway state inspector	$50.00
(3)	any size special - or owner/user inspector	$50.00
(4)	each public hot water supply heater (biennially)	$5.00
(5)	each public boiler inspection/certification	$25.00
b.	Only one certificate of operation fee per year may be charged; except an additional fee equal to the certificate of operation fee may be charged for witnessing a hydrostatic test required after repairs, provided a fee equal to the total fees identified in division (1) or (2) of subparagraph a of this paragraph, whichever is appropriate, and subparagraph f of paragraph 2 of this subsection may be charged when the pressure-retaining item is not prepared and ready pursuant to rules promulgated by the Commissioner of Labor at the time of the inspection.
2.  Other Fees
a.	hydrostatic test of steam pipeline per day	$150.00
	(for each additional half-day or part thereof)	$75.00
b.	shop review fees	$3,000.00
c.	licensing fees
(1)	repair, service, install (annually)	$50.00
(2)	installer technician (one-time issuance)	$50.00
(3)	boiler operator (biennially)	$50.00
d.	certificate of competency fee	$15.00
e.	examination fee	$50.00
f.	boiler or pressure vessel inspection fee for certificate inspections by state inspectors	$155.00
g.	authorized inspector services for weld repairs or alterations, per eight-hour day or part thereof	$300.00
h.	a fee as established by rule may be assessed for the issuance of duplicate licenses and certificates, not to exceed including change of boiler operator class	$10.00
		$25.00
B.  All institutions owned or operated by the State of Oklahoma or its agencies or by any county, municipality or school district, and such institutions or agencies, and all owners or users of boilers or pressure vessels of historical significance as specified in subsection D of Section 141.5 of this title are exempt from the payment of only those fees provided for in paragraph 2 of subsection A of this section.
C.  1.  Except for the revenue listed in paragraph 2 of this subsection, the Commissioner shall account for and transfer all fees so received to the State Treasury to the credit of the General Revenue Fund, together with a detailed report of same.
2.  The Commissioner shall account for and deposit all fee revenue received and listed in this paragraph to the Department of Labor Revolving Fund:
a.	Twenty-five Dollars ($25.00) of each certificate of operation fee collected under divisions (1), (2) and (3) of subparagraph a of paragraph 1 of subsection A of this section,
b.	all fees listed in divisions (4) and (5) of subparagraph a of paragraph 1 of subsection A of this section, and
c.	all fees listed in subparagraphs b, g and h of paragraph 2 of subsection A of this section.
D.  All fees shall be nonrefundable and shall be paid directly to the Department of Labor.
SECTION 4.  This act shall become effective November 1, 2013.

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