HB 326: "An Act relating to the inspection of boilers and pressure vessels and to fees for services under the boilers and pressure vessels program; and providing for an effective date."
00HOUSE BILL NO. 326 01 "An Act relating to the inspection of boilers and pressure vessels and to fees for 02 services under the boilers and pressure vessels program; and providing for an 03 effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 18.60.220 is amended to read: 06 Sec. 18.60.220. Duties of the Department of Labor and Workforce 07 Development. The Department of Labor and Workforce Development shall 08 (1) have all violators of AS 18.60.180 - 18.60.390 prosecuted; 09 (2) issue, suspend, or revoke for cause, [INSPECTION] certificates of 10 operation provided for in AS 18.60.390; 11 (3) take action necessary for the enforcement of the laws and 12 regulations governing the use of boilers and unfired pressure vessels; 13 (4) keep a complete record of the type, dimensions, maximum 14 allowable working pressure, age, condition, location, and date of the last recorded
01 internal inspection of boilers and unfired pressure vessels to which AS 18.60.180 - 02 18.60.390 apply; 03 (5) adopt regulations establishing reasonable fees for services provided 04 under this chapter, including fees for administering special inspector examinations 05 and for processing applications for special inspector commissions; and 06 (6) do acts necessary to carry out the purposes of AS 18.60.180 - 07 18.60.390. 08 * Sec. 2. AS 18.60.260 is amended to read: 09 Sec. 18.60.260. Duty of special inspectors. Each special inspector shall 10 inspect all boilers and unfired pressure vessels insured or operated by the inspector's 11 company. [THE OWNER AND USER OF A BOILER OR UNFIRED PRESSURE 12 VESSEL INSPECTED BY ITS SPECIAL INSPECTOR IS EXEMPT FROM THE 13 PAYMENT OF THE INSPECTION FEES PROVIDED IN AS 18.60.360.] 14 * Sec. 3. AS 18.60.270(a) is amended to read: 15 (a) Each company employing a special inspector shall, within 30 days 16 following each inspection of [FOR CERTIFICATION AS REQUIRED BY AS 17 18.60.390 FOR] a boiler or unfired pressure vessel, file a report of the inspection with 18 the Department of Labor and Workforce Development upon forms adopted by the 19 department. 20 * Sec. 4. AS 18.60.315 is amended to read: 21 Sec. 18.60.315. Inspection standards. Unless the Department of Labor and 22 Workforce Development establishes by regulation a different edition, the most current 23 edition of the National Board Inspection Code Manual for Boiler and Pressure Vessel 24 Inspectors constitutes the minimum boiler and pressure vessel inspection standard of 25 the state for boilers and pressure vessels after they have received their initial 26 [INSPECTION] certificates of operation from the Department of Labor and Workforce 27 Development. The Department of Labor and Workforce Development may adopt 28 regulations for the maximum practical implementation of the manual and may grant 29 an exception from a specific provision of the manual when the department determines 30 that the implementation of the provision would be impractical. 31 * Sec. 5. AS 18.60.320(a) is amended to read:
01 (a) Each boiler and unfired pressure vessel used or proposed to be used in the 02 state except boilers or unfired pressure vessels exempt under AS 18.60.210 shall be 03 inspected as to construction, installation, condition, and operation, as follows: 04 (1) power boilers and high pressure or high temperature water boilers 05 shall be given an [A CERTIFICATE] inspection annually; the inspector may conduct 06 an external inspection while the boiler is under pressure or an internal inspection if 07 warranted; 08 (2) low pressure steam or vapor heating boilers shall be given an [A 09 CERTIFICATE] inspection biennially with an internal inspection every four years if 10 its construction permits an internal inspection; 11 (3) hot water heating, hot water supply, and coil heating boilers shall 12 be given an [A CERTIFICATE] inspection biennially with an internal inspection at the 13 discretion of the inspector; 14 (4) each unfired pressure vessel shall be inspected internally and 15 externally at intervals set by the Department of Labor and Workforce Development; 16 an internal inspection of an unfired pressure vessel is not required if its contents are 17 known to be noncorrosive to the material of which the shell, head, or fittings are 18 constructed, either from the chemical composition of the contents or from evidence 19 that the contents are adequately treated with a corrosion inhibitor, and if the vessel is 20 constructed in accordance with 21 (A) regulations of the Department of Labor and Workforce 22 Development, if any, in effect at the time of manufacture; 23 (B) standards set out in the American Society of Mechanical 24 Engineers Boiler and Pressure Vessel Code in effect at the time of manufacture 25 until September 6, 1981; or 26 (C) if the department adopts subsequent revisions of that code, 27 the standards set out in those revisions as adopted by the department and in 28 effect at the time of manufacture. 29 * Sec. 6. AS 18.60.340 is amended to read: 30 Sec. 18.60.340. Certificate of operation [INSPECTION CERTIFICATES]. 31 (a) Annually [IF, UPON INSPECTION, A BOILER OR AN UNFIRED PRESSURE
01 VESSEL COMPLIES WITH THE REGULATIONS OF THE DEPARTMENT OF 02 LABOR AND WORKFORCE DEVELOPMENT], the owner or user of a boiler or 03 unfired pressure vessel shall pay to the department a certificate of operation fee to 04 be established by regulation by the commissioner of labor and workforce development. 05 The Department of Labor and Workforce Development shall issue to the owner or user 06 a [AN INSPECTION] certificate of operation, valid for one year, [SHOWING THE 07 DATE OF INSPECTION AND] specifying the maximum pressure under which the 08 boiler or unfired pressure vessel may be operated. The certificate of operation shall 09 be posted in a location convenient to the boiler or unfired pressure vessel. The owner 10 or user of a boiler or unfired pressure vessel may not operate the boiler or 11 pressure vessel unless the certificate of operation fee required by this subsection 12 has been paid. 13 (b) A company authorized by the Department of Community and Economic 14 Development under AS 21.09 to insure boilers or unfired pressure vessels shall notify 15 the Department of Labor and Workforce Development each time it discontinues the 16 insurance for a boiler or unfired pressure vessel located in the state. The Department 17 of Labor and Workforce Development shall terminate the [INSPECTION] certificate 18 of operation and require a reinspection if the insurance was terminated because of a 19 condition dangerous to life or property. 20 * Sec. 7. AS 18.60.350 is amended to read: 21 Sec. 18.60.350. Suspension of [INSPECTION] certificate of operation . The 22 Department of Labor and Workforce Development may suspend a [AN INSPECTION] 23 certificate of operation when, in its opinion, the boiler or unfired pressure vessel for 24 which it was issued cannot be operated without menace to the public safety, or when 25 the boiler or unfired pressure vessel does not comply with the regulations. A special 26 inspector has this same power to suspend a [AN INSPECTION] certificate of 27 operation for an insured boiler or unfired pressure vessel or an unfired pressure vessel 28 operated by the company employing the special inspector. Suspension of a [AN 29 INSPECTION] certificate of operation continues in effect until reinstatement. A 30 certificate of operation may not be reinstated until the boiler or unfired pressure vessel 31 conforms to the rules and regulations of the Department of Labor and Workforce
01 Development. 02 * Sec. 8. AS 18.60.360 is amended to read: 03 Sec. 18.60.360. Fees [INSPECTION FEES]. (a) The commissioner of labor 04 and workforce development shall, by regulation, establish reasonable fees to be 05 charged for the certificates of operation for [INSPECTION OF] boilers and unfired 06 pressure vessels. Fees shall [SEPARATE FEES MAY] be established for special 07 inspections. Fees for special inspections [EXTERNAL INSPECTION, INTERNAL 08 INSPECTION, SHOP INSPECTION, AND HYDROSTATIC TESTS, AND FEES] 09 may vary depending upon the rated power, heating surface area, or cross sectional area 10 of boilers and unfired pressure vessels. 11 (b) The owner or user of a boiler or unfired pressure vessel that receives a 12 special inspection [IS INSPECTED] by a deputy inspector employed under 13 AS 18.60.230 [OR AN APPROVED INSPECTOR APPOINTED UNDER 14 AS 18.60.235(a)] shall pay the department, upon completion of the inspection, the 15 appropriate inspection fees [FEE] established under (a) of this section. 16 (c) The Department of Labor and Workforce Development shall give an 17 official receipt for fees [AN INSPECTION FEE] collected under this section and shall 18 transfer the amount of the fees [FEE] to the Department of Revenue for deposit in the 19 state treasury. 20 * Sec. 9. AS 18.60.390 is amended to read: 21 Sec. 18.60.390. Certificate of operation [INSPECTION CERTIFICATE] 22 required; penalty. A person may not operate a boiler or unfired pressure vessel under 23 pressure until [WITHOUT] a [VALID INSPECTION] certificate of operation has 24 been issued and the certificate of operation fee has been paid, as provided for in 25 AS 18.60.180 - 18.60.390. The operation of a boiler or unfired pressure vessel without 26 a valid [AN INSPECTION] certificate of operation , or at a pressure exceeding that 27 specified in the [INSPECTION] certificate of operation , is a misdemeanor and the 28 owner, user, or operator is punishable by a fine of not more than $1,000 or by 29 imprisonment for not more than six months, or by both. Each day of unlawful 30 operation is a separate offense. 31 * Sec. 10. AS 18.60.320(b) is repealed.
01 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section 02 to read: 03 TRANSITION: REGULATIONS. Notwithstanding sec. 14 of this Act, the 04 commissioner of the Department of Labor and Workforce Development may proceed to adopt 05 regulations necessary to implement secs. 1 - 10 of this Act. The regulations take effect under 06 AS 44.62 (Administrative Procedure Act), but not before January 1, 2001. 07 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section 08 to read: 09 GRACE PERIOD FOR OWNERS OR USERS OF A BOILER OR UNFIRED 10 PRESSURE VESSEL. Notwithstanding the changes made by this Act, an owner or user of 11 a boiler or unfired pressure vessel who paid for and was issued an inspection certificate under 12 AS 18.60.340 before the effective date of secs. 1 - 10 of this Act may continue to operate the 13 boiler or unfired pressure vessel until the expiration date specified on the last inspection 14 certificate issued under AS 18.60.340 for the boiler or pressure vessel. 15 * Sec. 13. Section 11 of this Act takes effect immediately under AS 01.10.070(c). 16 * Sec. 14. Sections 1 - 10 and 12 of this Act take effect January 1, 2001.