HOUSE BILL No. 4326
February 13, 1997, Introduced by Reps. LaForge, Mans, Willard, Gubow, Leland, Anthony and Callahan and referred to the Committee on Regulatory Affairs.
A bill to amend 1965 PA 290, entitled
"Boiler act of 1965,"
by amending the title and sections 2, 4, 4a, 12, 14, and 24 (MCL
408.752, 408.754, 408.754a, 408.762, 408.764, and 408.774),
sections 2 and 4a as amended by 1986 PA 277 and section 4 as
amended by 1980 PA 274, and by adding sections 13a, 13b, 13c, and
13d.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 TITLE
2 An act to regulate the use OPERATION, construction,
3 installation, and repair of CERTAIN boilers; to create a board of
4 boiler rules; to prescribe uniform rules and regulations for
5 CERTAIN boilers; to provide for the licensing of CERTAIN boiler
6 inspectors, installers, and repairers AND REGISTRATION OF CERTAIN
7 BOILER OPERATORS AND STATIONARY ENGINEERS; TO PROVIDE FOR CERTAIN
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1 POWERS AND DUTIES FOR CERTAIN STATE AGENCIES AND OFFICERS; to
2 provide CERTAIN fees for REGISTRATIONS, licenses, permits,
3 inspections, and certificates; to provide penalties AND REMEDIES
4 for the violation of this act; and to repeal certain acts and
5 parts of acts.
6 Sec. 2. As used in this act:
7 (a) "Boiler" means a closed vessel in which water is heated,
8 steam is generated, steam is superheated, or a combination there-
9 of, under pressure or vacuum by the application of heat from com-
10 bustible fuels, electricity, or nuclear energy. Boiler does not
11 include facilities of an integral part of a continuous processing
12 unit but does include a fired unit for heating or vaporizing liq-
13 uids other than water, if the unit is separate from a processing
14 system and is complete within itself.
15 (b) "Power boiler" means a closed vessel in which steam or
16 other vapor is generated at a pressure of more than 15 p.s.i.g.
17 by the direct application of heat.
18 (c) "High pressure, high temperature water boiler" means a
19 water heating boiler operating at pressure exceeding 160
20 p.s.i.g. or temperatures exceeding 250 degrees Fahrenheit.
21 (d) "Low pressure boiler" means a steam boiler operated at
22 pressures not exceeding 15 p.s.i.g., or a hot water heating
23 boiler operated at pressures not exceeding 160 p.s.i.g. or tem-
24 peratures not exceeding 250 degrees Fahrenheit.
25 (e) "Certificate inspection" means an inspection, the report
26 of which is used by the chief inspector to decide whether a
27 certificate, as provided by section 19, shall be issued. The
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1 certificate inspection shall be an internal inspection if
2 construction allows. ; otherwise OTHERWISE, the certificate
3 inspection shall be as complete an inspection as possible.
4 (f) "External inspection" means an inspection which does not
5 involve examination of the internal surfaces of the pressure
6 parts of the boiler.
7 (g) "Secondhand boiler" means a boiler which has changed
8 ownership and location after initial use.
9 (h) "Heating surface" means the heating surface determined
10 by the boiler manufacturer and recorded in the manufacturer's
11 data report or by rules established by the board for a boiler if
12 the manufacturer's data report is not available or the boiler is
13 not stamped with its heating surface.
14 (i) "Process boiler" means a boiler operated at a pressure
15 or temperature from which more than 10% of the boiler's capacity
16 is used for direct steam humidification or direct process work.
17 (j) "Boiler for agricultural purposes" means a portable
18 boiler used in a field or similar open area for the sole purpose
19 of operating farm equipment or farm machinery.
20 (k) "Director" means the director of labor or a representa-
21 tive designated by the director.
22 (l) "P.S.I.G." means pounds per square inch gauge.
23 (M) "BOILER OPERATOR" OR "STATIONARY ENGINEER" MEANS A
24 PERSON ENGAGED IN THE OPERATION OF BOILERS AND ASSOCIATED
25 AUXILIARIES.
26 (N) "APPROVED APPRENTICESHIP PROGRAM" MEANS A TRAINING
27 PROGRAM FOR BOILER OPERATORS OR STATIONARY ENGINEERS CERTIFIED BY
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1 OR MEETING THE STANDARDS OF THE UNITED STATES DEPARTMENT OF LABOR
2 BUREAU OF APPRENTICESHIP TRAINING AND APPROVED BY THE BOARD.
3 (O) "ASSOCIATED AUXILIARIES" MEANS EQUIPMENT WHICH IS
4 REQUIRED IN THE OPERATION OF A BOILER WHICH INCLUDES, BUT IS NOT
5 LIMITED TO, PUMPS, REGULATORS, FEEDWATER HEATERS, SUPERHEATERS,
6 DE-SUPERHEATERS, ECONOMIZERS, AIR PREHEATERS, DRAFT FANS, COMBUS-
7 TION AND POLLUTION CONTROL EQUIPMENT, AND PRIME MOVERS.
8 (P) "QUALIFIED TRAINING PROGRAM" MEANS AN IN-HOUSE TRAINING
9 PROGRAM APPROVED BY THE BOARD AND OFFERED TO BOILER OPERATORS AND
10 STATIONARY ENGINEERS BY A UTILITY AS A RESULT OF NEGOTIATIONS
11 BETWEEN A UTILITY AND ITS EMPLOYEES.
12 (Q) "QUALIFIED TECHNICAL EDUCATION PROGRAM" MEANS AN EDUCA-
13 TIONAL PROGRAM APPROVED BY THE BOARD WHICH HAS A MINIMUM OF 350
14 CONTACT HOURS IN CLASSROOM HANDS-ON TRAINING, FIELD TRAINING, OR
15 SUPERVISED PLANT VISITS FOR HIGH PRESSURE BOILER OPERATORS. THE
16 BOARD MAY ESTABLISH LESSER STANDARDS FOR AN EDUCATIONAL PROGRAM
17 FOR LOW PRESSURE OPERATOR TRAINING OR OTHER ENTRY LEVEL TRAINING
18 POSITIONS ONLY.
19 Sec. 4. (1) The board shall formulate definitions and rules
20 for the safe construction, installation, inspection, OPERATION,
21 and repair of boilers in the state.
22 (2) The definitions and rules formulated for new construc-
23 tion shall be based upon and follow the generally accepted
24 nationwide engineering standards, formulae, and practices estab-
25 lished and pertaining to boiler construction and safety. The
26 board, by resolution RULE, may adopt an existing published
27 codification, known as the boiler and pressure vessel code of the
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1 American society of mechanical engineers, with the amendments and
2 interpretations.
3 (3) The board shall formulate rules for the safe inspection
4 and maintenance of boilers , which were in use in the state
5 before July 1, 1966. The rules formulated shall be based upon
6 and follow the generally accepted nationwide engineering stan-
7 dards and may be based upon an existing published codification
8 , known as the inspection code of the national board of boiler
9 and pressure vessel inspectors.
10 (4) The rules formulated by the board shall be promulgated
11 pursuant to THE ADMINISTRATIVE PROCEDURES ACT OF 1969, Act
12 No. 306 of the Public Acts of 1969, as amended, being
13 sections 24.201 to 24.315 of the Michigan Compiled Laws 1969 PA
14 306, MCL 24.201 TO 24.328.
15 (5) A departure from the requirements of this section shall
16 be permitted in an unusual situation involving a boiler of spe-
17 cial design or construction, if the board is satisfied that a
18 proposed facility will provide a degree of safety commensurate
19 with the intent of this act.
20 (6) UPON PAYMENT OF A $30.00 FEE AND WITHOUT EXAMINATION,
21 THE BOARD MAY REGISTER AN APPLICANT FOR THE USE OF A TITLE
22 DESCRIBED IN SECTION 13A WHO IS A BOILER OPERATOR OR STATIONARY
23 ENGINEER LICENSED OR REGISTERED AS A BOILER OPERATOR OR STATION-
24 ARY ENGINEER IN ANOTHER STATE, MUNICIPALITY, OR COUNTRY WHOSE
25 REQUIREMENTS FOR LICENSURE OR REGISTRATION ARE, AT A MINIMUM,
26 SUBSTANTIALLY EQUIVALENT TO THE REQUIREMENTS OF THIS STATE FOR
27 REGISTRATION AS DETERMINED BY THE BOARD, IF THAT OTHER STATE,
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1 MUNICIPALITY, OR COUNTRY EXTENDS THE SAME PRIVILEGES OF
2 RECIPROCITY TO A BOILER OPERATOR OR STATIONARY ENGINEER REGIS-
3 TERED IN THIS STATE.
4 Sec. 4a. (1) The SUBJECT TO SECTIONS 4(6) AND 13A(6), THE
5 board, with the advice of the director, shall promulgate rules
6 pursuant to The THE administrative procedures act of 1969, Act
7 No. 306 of the Public Acts of 1969, as amended, being sections
8 24.201 to 24.328 of the Michigan Compiled Laws, 1969 PA 306, MCL
9 24.201 TO 24.328, licenses, REGISTRATIONS, permits, certificates,
10 and inspections. The fees shall reflect the actual costs and
11 expenses for the department of labor in issuing licenses,
12 REGISTRATIONS, permits, and certificates and in conducting
13 inspections.
14 (2) To accomplish the objectives of this section and this
15 act, a state boiler inspection fund is created IN THE STATE
16 TREASURY. The state treasurer shall be the custodian of the fund
17 and may invest the surplus of the fund in investments as in the
18 state treasurer's judgment are in the best interest of the fund.
19 Earnings from those investments shall be credited to the fund.
20 The state treasurer shall notify the director and the
21 Legislature LEGISLATURE of interest credited and the balance of
22 the fund as of September 30 of each year. The director shall
23 supervise and administer the fund. Fees received by the depart-
24 ment of labor and money collected under this act shall be depos-
25 ited in the state boiler inspection fund and shall be appropri-
26 ated by the Legislature LEGISLATURE for the operations of the
27 boiler division and THE indirect overhead expenses in the
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1 department of labor. Funds that are unexpended at the end of
2 each fiscal year shall be returned to the state boiler inspection
3 fund.
4 Sec. 12. Examination THE EXAMINATION for chief, deputy,
5 or special inspectors shall be in writing and WRITTEN. THE
6 EXAMINATION FOR CERTIFIED BOILER OPERATORS SHALL BE EITHER WRIT-
7 TEN OR ORAL. THE EXAMINATION FOR CERTIFIED STATIONARY ENGINEERS
8 SHALL BE BOTH WRITTEN AND ORAL. THE EXAMINATIONS shall be held
9 ADMINISTERED by the board, with at least AND NOT LESS THAN 2
10 members of the board SHALL BE present at all times during the
11 AN examination. Such examination EXAMINATIONS shall be con-
12 fined to questions , the answers to which THAT will aid in
13 determining the fitness and competency of the applicant for the
14 intended service, and may be those prepared by the national board
15 of boiler and pressure vessel inspectors. THE BOARD MAY ADOPT
16 ANY EXAMINATION IT DETERMINES APPROPRIATE AND MAY DELEGATE ANY
17 ADMINISTRATIVE FUNCTIONS RELATING TO THE CONDUCT OF THE
18 EXAMINATION. If an applicant for an inspector's A license fails
19 to pass the examination, he THE APPLICANT may appeal to the
20 board for another examination which shall be given by the board
21 within 90 days. The record of an applicant's examination shall
22 be accessible to the applicant and his THE APPLICANT'S
23 employer.
24 SEC. 13A. (1) AN INDIVIDUAL MAY OPERATE A BOILER AND ASSO-
25 CIATED AUXILIARIES WITHOUT BEING REGISTERED UNDER THIS ACT.
26 (2) AN INDIVIDUAL OR BUSINESS ENTITY SHALL NOT USE THE TERMS
27 "CERTIFIED BOILER OPERATOR", "CERTIFIED STATIONARY ENGINEER",
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1 "LOW PRESSURE CERTIFIED BOILER OPERATOR", "HIGH PRESSURE
2 CERTIFIED BOILER OPERATOR", "THIRD-CLASS CERTIFIED STATIONARY
3 ENGINEER", "SECOND-CLASS CERTIFIED STATIONARY ENGINEER",
4 "FIRST-CLASS CERTIFIED STATIONARY ENGINEER", OR ANY OTHER NAME,
5 STYLE, OR DESCRIPTION WHICH DENOTES THAT THE INDIVIDUAL OR AN
6 INDIVIDUAL EMPLOYED BY THE BUSINESS ENTITY IS REGISTERED UNDER
7 THIS ACT EXCEPT UNDER EITHER OF THE FOLLOWING CIRCUMSTANCES:
8 (A) THE INDIVIDUAL HAS BEEN ISSUED A REGISTRATION UNDER THIS
9 ACT.
10 (B) THE INDIVIDUAL IS EXEMPT UNDER SECTION 23 OF THIS ACT.
11 (3) THE INDIVIDUAL PARTICIPATING IN AN APPROVED APPRENTICE-
12 SHIP PROGRAM, A QUALIFIED TECHNICAL TRAINING PROGRAM, OR A QUALI-
13 FIED TRAINING PROGRAM MAY USE THE TITLE "APPRENTICE CERTIFIED
14 BOILER OPERATOR" OR "APPRENTICE CERTIFIED STATIONARY ENGINEER".
15 (4) AN INDIVIDUAL REGISTERED UNDER THIS ACT SHALL ONLY USE 1
16 OF THE TITLES DESCRIBED IN SUBSECTION (2) OR THE ABBREVIATION
17 "C.B.O." OR "C.S.E.". THE BOARD MAY CONDUCT AN EXAMINATION
18 DESIGNED TO ESTABLISH THE COMPETENCY OF APPLICANTS FOR REGISTRA-
19 TION AND MAY CHARGE AN EXAMINATION FEE.
20 (5) A PERSON APPLYING FOR A REGISTRATION UNDER THIS ACT
21 SHALL BE NOT LESS THAN 18 YEARS OF AGE, SHALL POSSESS THE PHYSI-
22 CAL AND MENTAL CAPACITIES TO PERFORM HIS OR HER DUTIES IN A COM-
23 PETENT AND SAFE MANNER, AND SHALL MEET THE APPLICABLE REQUIRE-
24 MENTS OF SECTION 13D. AN APPLICANT SHALL USE A FORM PROVIDED BY
25 THE DIRECTOR.
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