The purpose of the proposed amendments is to update the rules, delete undefined terms and provide a telephone number and email address to report boiler accidents involving personal injury or explosion to the Boiler Safety Program.

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

RULE NOS.:RULE TITLES:

69A-51.001 Scope

69A-51.040Disciplinary Proceedings

69A-51.050Inspection Requirements

69A-51.075Repairs

69A-51.085Accidents

PURPOSE AND EFFECT: The purpose of the proposed amendments is to update the rules, delete undefined terms and provide a telephone number and email address to report boiler accidents involving personal injury or explosion to the Boiler Safety Program.

SUMMARY: Rules 69A-51.001, .050, .075, and .085, F.A.C., are amended to delete references to undefined terms. Rule 69A-51.085, F.A.C., is amended to provide a telephone number and email address to report boiler accidents involving personal injury or explosion to the Boiler Safety Program. Rule 69A-51.040, F.A.C., is repealed.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department conducted an economic analysis of the potential impact of the proposed rule and determined that there will be no adverse economic impact or regulatory increases that would require legislative ratification.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 554.103 FS.

LAW IMPLEMENTED: 554.103, 554.104, 554.108, 554.109, 554.1011, 554.111, 554.114, 554.115, 554.1101 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: February 9, 2016, 10:00 a.m.

PLACE: Conference Room 143, Larson Bldg., 200 E. Gaines Street, Tallahassee

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Mike Burns, Chief Boiler Inspector, telephone: [phone], email: [e-mail].. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mike Burns, Chief Boiler Inspector, address: 200 E. Gaines Street, Tallahassee, FL 32399-0342, telephone: [phone], email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69A-51.001 Scope.

(1) through (2) No change.

(3) Special designs which are not covered by the codes and standards may be determined by the manufacturer in cooperation with the purchaser, subject to the approval of the Authorized Shop Inspector and the Boiler Safety Program of the Department of Financial Services.

(4) No change.

Rulemaking Authority 554.103 FS. Law Implemented 554.103, 554.104, 554.108, 554.1101 FS. History–New 2-27-89, Formerly 4A-51.001, Amended __________.

 

69A-51.040 Disciplinary Proceedings.

Rulemaking Authority 554.103 FS. Law Implemented 554.114, 554.115 FS. History–New 2-27-89, Formerly 4A-51.040, Repealed__________.

 

69A-51.050 Inspection Requirements.

(1) Access for Inspection. The Authorized Chief Inspector, a Deputy Inspector, or a Special Inspector shall have full access during reasonable hours, to any place of public assembly in the State of Florida where a boiler is being constructed, installed or operated for the purpose of ascertaining whether such boiler is being constructed, installed, or operated in accordance with the requirements of this rule chapter. Immediate access shall be provided in the event of an accident.

(2) No change.

(a) through (d) No change.

(e) A grace period of one (1) month beyond the periods specified in paragraphs (a)-(d), above, may elapse between certificate inspections; however, the inspection certificate due date shall not be affected.

(f)  renumbered as (e) No change.

(3) through (4) No change.

(5) The inspections herein required, including shop inspections, shall be made by the Authorized Chief Inspector, a Deputy Inspector, or a Special Inspector.

(6) If, at the discretion of the Authorized Inspector, a hydrostatic test shall be deemed necessary, the test shall be performed and the expense shall be borne by the owner or user of the boiler and the test shall be witnessed by the Authorized Inspector.

(7) All boilers to be installed in a place of public assembly in this state shall be inspected during construction as required by these rules by an Authorized Inspector authorized to inspect boilers in this state or, if constructed outside of the State of Florida, by an inspector holding a valid commission issued by the National Board of Boiler and Pressure Vessel Inspectors.

(8) No change.

(9) If, upon inspection, the Authorized Chief Inspector, Deputy Inspector, or Special Inspector finds that a boiler is unsafe for further operation and poses an imminent danger to the public health, safety and welfare, he may immediately order the boiler to be shut down. He shall promptly notify the owner or user stating what repairs or other corrective measures are needed. The boiler shall remain shut down until a reinspection by an Authorized Inspector determines that all violations have been corrected, that the boiler is safe to operate, and that a Certificate of Compliance may be issued. Any such action shall be in compliance with Chapter 120, F.S.

(10) through (18) No change.

(19) No change.

(a) 1. through 7. No change.

8. Any leakage of steam or hot water into the boiler shall be prevented by disconnecting the pipe or valve at the most convenient point or any appropriate means approved by the Authorized Inspector.

9. No change.

10. No owner or user shall permit entry into a boiler, nor shall an employee or Authorized Inspector enter a boiler, until the plant inspector or supervisor and the person entering the boiler have confirmed that all stop valves on inlet and outlet piping (not vented to the atmosphere) have been closed and tagged. Where not valved, the piping shall be disconnected or blanked. In addition, plant personnel shall make appropriate tests to assure that there is no oxygen deficiency or hazardous or toxic gasses in the drums to be entered by the Authorized Inspector.

(b) No change.

(20) through (23) No change.

Rulemaking Authority 554.103 FS. Law Implemented 554.103, 554.108, 554.109, 554.1101 FS. History–New 2-27-89, Amended 10-23-00, Formerly 4A-51.050, Amended__________.

 

69A-51.075 Repairs.

(1) Repairs to all boilers and appurtenances thereof that come under these rules shall conform to the National Board Inspection Code and this rule chapter. Where a repair affecting the safety of the boiler is necessary, the owner and/or user shall call an Authorized Florida Commissioned Inspector for consultation and advice as to the best method of making the repair, and the completed work shall be subject to his approval.

(2) No company shall undertake a repair to a boiler unless the contemplated repairs have first been approved by an Authorized Florida Commissioned Inspector.

(3) Should a repair outside the scope of these rules be deemed feasible by an Authorized Florida Commissioned Inspector, such a repair may be undertaken only with the full knowledge and consent of the Chief Boiler Inspector, Boiler Safety Program.

(4) through (8) No change.

(9) No change.

(a) When repairs are to be made involving the use of welding, permission to proceed with the work must be obtained from an Authorized Florida Commissioned Inspector. All repairs by welding shall be completed in accordance with the rules for repairs for fusion welding to boilers and pressure vessels in the National Board Inspection Code.

(b) through (c) No change.

(10) No repairs by welding shall be made without the approval of an Authorized Florida Commissioned Inspector who shall, if he considers it necessary, make an inspection of the boiler to be repaired before granting approval of the contemplated repairs. If in the opinion of the Authorized Florida Commissioned Inspector a hydrostatic test is necessary, such a test shall be applied after the repairs have been completed.

Rulemaking Authority 554.103 FS. Law Implemented 554.103 FS. History–New 2-27-89, Formerly 4A-51.075, Amended __________.

 

69A-51.085 Accidents.

When an accident occurs involving to a boiler located in a place of public assembly, the responsible Florida Commissioned Inspector, as well as the owner or user shall promptly notify the Chief Inspector by submitting a detailed report of the accident. In the event of personal injury or any explosion, notice shall be given immediately by calling [phone] or by email to [e-mail] telephone, telegraph or messenger, and neither the boiler, nor any parts thereof, shall be removed or disturbed before permission has been given by the Chief Inspector, except for the purpose of saving human life and limiting consequential damage.

Rulemaking Authority 554.103 FS. Law Implemented 554.1021, 554.103, 554.104, 554.108, 554.109, 554.1011, 554.111, 554.114, 554.115 FS. History–New 2-27-89, Formerly 4A-51.085, Amended__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mike Burns, Chief Boiler Inspector

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jeff Atwater, Chief Financial Officer, Department of Financial Services

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 12/16/2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 10/29/2015