Section 554.103, F.S., requires the Department to adopt by rule a State Boiler Code for the safe construction, installation, inspection, maintenance, and repair of boilers in this state.

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

RULE NOS.:RULE TITLES:

69A-51.001Scope

69A-51.005Definitions

69A-51.010Codes Adopted

69A-51.015Administration

69A-51.017Other Provisions

69A-51.020Certificates of Competency

69A-51.025Certificate of Compliance

69A-51.035Examinations

69A-51.045Scope

69A-51.050Inspection Requirements

69A-51.060Requirements for New Installations

69A-51.065Requirements for Existing Installations

69A-51.075Repairs

69A-51.080Condemned Boilers

69A-51.085Accidents

PURPOSE AND EFFECT: Section 554.103, F.S., requires the Department to adopt by rule a State Boiler Code for the safe construction, installation, inspection, maintenance, and repair of boilers in this state.

SUMMARY: The proposed amendments will update the rules to incorporate recent legislative changes to chapter 554, F.S., and to update existing forms and incorporate several new forms by reference. The State Boiler Code will be updated to incorporate the 2017 edition of the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code by reference; incorporate the 2018 edition of the ASME CSD-1, Controls and Safety Devices for Automatically Fired Boilers, by reference; incorporate the 2017 edition of the National Board Inspection Code by reference; and incorporate the 2018 edition of the ASME B31.1, Power Piping, by reference. Rule 69A-51.035, F.A.C., is repealed.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’s economic analysis of the potential impact of the proposed rule amendments determined that there will be no adverse economic impact or increased regulatory costs 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: 554.1021, 554.103, 554.104, 554.108 FS.

LAW IMPLEMENTED: 554.1021, 554.103, 554.104, 554.105, 554.106, 554.107, 554.108, 554.1081, 554.109, 554.1101, 554.111, 554.114, 554.115 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:

DATE AND TIME: February 8, 2021, 2:00 p.m.

PLACE: 325 John Knox Road, Atrium Building, 3rd Floor, Tallahassee, FL. If state office buildings remain closed to the public at the time of this hearing due to the COVID-19 outbreak, the hearing (if requested) will only take place via conference call. Anyone wishing to participate in this hearing must participate via a telephone conference call using the phone number [phone] and access code: 307038.

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: David Warburton at [phone] or [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: Warburton, Chief Boiler Inspector, 200 E. Gaines Street, Tallahassee, FL 32399-0342, [phone], or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

69A-51.001 Scope of State Boiler Code.

(1) This rule chapter The rules contained in this chapter shall establishes provisions to safeguard life, limb, and property by specifying minimum standards for the construction, installation, operation, maintenance, inspection, and repair of boilers located in this state after October 1, 1987, and for the inspection of boilers in places of public assembly. There shall be a joint responsibility among the owner, the user, and the operating employees for compliance with this rule chapter.

(2) This rule chapter does These rules do not presume to limit in any way the builder’s right to choose any method of design or form of construction which conforms to the codes and standards adopted in Rule 69A-51.010, F.A.C. these rules. The codes and standards adopted contain fundamental features of construction and leave a number of details to the judgment of designers and authorized inspectors.

(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 Boiler Safety Program of the Department of Financial Services.

(4) This rule chapter These rules shall be enforced in conjunction with the codes adopted in Rule 69A-51.010, F.A.C. herein.

Rulemaking Authority 554.103, 554.104, 554.108 FS. Law Implemented 554.103, 554.104, 554.108, 554.1101 FS. History–New 2-27-89, Formerly 4A-51.001, Amended 4-10-16,__________.

 

69A-51.005 Definitions.

As used in this rule chapter, the term:

(1) “The Act” means chapter 554, F.S., the “Boiler Safety Act.”

(2) “Alteration” shall means any change in the item described on the original manufacturer’s data report which affects the pressure containing capability of the boiler or pressure vessel. Non-physical changes such as an increase in the maximum allowable working pressure (internal or external) or design temperature of a boiler or pressure vessel shall be considered an alteration. A reduction in minimum temperature such that additional mechanical tests are required shall also be considered alteration.

(3) “ANSI” means The American National Standards Institute, 1899 L Street, NW, 11th Floor, Washington, DC 20036, [phone] 1430 Broadway, New York, NY 10018.

(4) “Antique boiler” means any closed vessel used solely for display and demonstration purposes, in which water is heated, steam is superheated, or any combination thereof, under pressure or in a vacuum, for use externally to itself, by direct application of heat from the combustion of fuels, or from electricity. The term shall include fired vessels, used solely for display and demonstration purposes, for heating or vaporizing liquids other than water where these vessels are separate from processing systems and are complete within themselves.

(5) “Approved” means permitted by the Boiler Safety Program of the Department of Financial Services.

(6) “ASME Code” means The American Society of Mechanical Engineers (ASME) International Boiler and Pressure Vessel Code published by that Society, which are incorporated by reference in Rule 69A-51.010, F.A.C. including addenda and interpretations existing at the time this rule is adopted.

(7) “Authorized inspection agency” means:

(a) Any county, municipality, town, or other governmental subdivision that has adopted into law the ASME Code and the National Board Inspection Code for the construction, installation, inspection, maintenance, and repair of boilers to regulate boilers in public assembly locations and whose boiler inspectors hold valid certificates of competency in accordance with section 554.104, F.S.; A jurisdiction which has adopted and which administers one or more sections of the ASME Boiler and Pressure Vessel Code as a legal requirement, one which shall be Section 1, and whose inspectors hold valid commissions issued by the National Board of Boiler and Pressure Vessel Inspectors, or in accordance with Section 554.112, F.S., or

(b) An insurer authorized by a subsisting certificate of authority, issued by the Office of Insurance Regulation, to transact boiler and machinery insurance in this state and whose boiler inspectors hold valid certificates of competency in accordance with section 554.104, F.S.; or An insurance company which has been licensed or registered by the appropriate authority of a state of the United States or a province of Canada to write and does write boiler and pressure vessel insurance, and to provide inspection service of boilers and pressure vessels in such state or province and whose inspectors hold valid commissions issued by the National Board of Boiler and Pressure Vessel Inspectors, or in accordance with Section 554.112, F.S.

(c) An inspecting agency accredited in accordance with the National Board of Boiler and Pressure Vessel Inspector’s program entitled “Accreditation of Authorized Inspection Agencies (AIA) Performing Inservice or Repair/Alteration Inspection Activities,” document number NB-369, and whose boiler inspectors hold valid certificates of competency in accordance with section 554.104, F.S. Such an inspection agency may inspect uninsured boilers at the request of the owner/user or, at the direction of an insurance company, may inspect a boiler insured by that insurance company. Document number NB-369 (Eff. 10/03/16) is hereby incorporated by reference and is available on the following link: <insert DOS link______________>; or can be viewed, during regular business hours, Monday through Friday, at the offices of the Boiler Safety Program, Bureau of Fire Prevention, Division of State Fire Marshal, 325 John Knox Road, Third Floor, Atrium Building, Tallahassee, Florida 32303, Phone: [phone].

(8) “Authorized inspector” means the chief boiler inspector, a deputy boiler inspector, or a special boiler inspector.

(9) Definitions of boilers (additional boiler definitions may be found at section 554.1021, F.S.):

(a) “Electric boiler” means a power boiler or heating boiler in which the source of heat is electricity.

(b) “Miniature boiler” means a power boiler or high-temperature boiler which does not exceed any of the following limits:

1. 16'' inside diameter of shell,

2. 20 sq. ft. of heating surface (not applicable to electric boilers),

3. 5 cu. ft. gross volume, exclusive of casing and insulation; and,

4. 100 psig maximum allowable working pressure.

(c) “Portable boiler” means a boiler which is primarily intended for temporary location and the construction and usage permits it to be readily moved from one location to another.

(d) “Coil type hot water boiler” means a boiler without any steam space where water flashes into steam when released through a manually operated nozzle.

(e) “Lined storage water heater” means a water heater which consists of a coil or closed tank heated either by direct flame, electrical heating elements or solar energy and which exceeds any of the following limits:

1. Maximum heat input of 400,000 BTUH or 117.2 KW,

2. Water temperature of 210 degrees F; and,

3. Nominal water containing capacity of 120 U.S. gallons. Such water heaters shall be equipped with safety devices in accordance with the requirements of Section IV, Article 8, HLW-800, “Installation Requirements,” ASME Code, as adopted herein.

(f) “Standard boiler” means a boiler which has been designed, constructed, inspected and stamped in accordance with the as per ASME Code and registered with the National Board.

(g) “Non-standard boiler” means a boiler that does not bear a stamp or does not comply with the Act or this rule chapter these rules.

(h) “Reinstalled boiler” means a boiler removed from its original setting and reinstalled at the same location or at a new location without change of ownership.

(i) “Condemned boiler” means a boiler which has been inspected and declared unsafe by an authorized the chief boiler inspector.

(j) “Boiler status” means a boiler operational status/classification description.

1. Open – A computer file that has been created.

2. Active – A boiler that has been deemed to be operational.

3. Secured boiler – A boiler that has been physically disconnected from the system including from fuel, water, steam, electricity, and stack; or locked out and tagged out pursuant to section 554.1021(3)(h), F.S. 

4. Out of business – A boiler inside a closed business, where the inspector cannot verify its status.

5. Removed – A boiler that has been removed from its current location.

6. Exempt- A boiler that is exempt as defined by section 554.109, F.S.

(10) “Certificate of competency” means a document issued to a person who has satisfied the minimum competency requirements for a boiler inspector under chapter 554, F.S.

(11) “Certificate of operation” means a document issued to the owner of a boiler which authorizes the owner to operate the boiler, subject to any restrictions endorsed thereon.

(12)(10) “Commission” means:

(a) A written credential issued by the Boiler Safety Program to a deputy inspector or special inspector stating the inspection agency by whom he is employed and the category or categories of inspection he is authorized to make, or

(b) a written credential issued by the National Board of Boiler and Pressure Vessel Inspectors to the holder of a certificate of competency who desires to make shop inspections and field inspections  inspectors in accordance with the National Board Inspection Code adopted herein.

(13)(11) “Chief boiler inspector” means the chief boiler inspector appointed by the Chief Financial Officer Act.

(14) “Department” means the Department of Financial Services, Division of State Fire Marshal, Bureau of Fire Prevention, Boiler Safety Program.

(15)(12) “Deputy boiler inspector” means any deputy boiler inspector employed appointed by the Chief Inspector of the Boiler Safety Program of the Department of Financial Services.

(16)(13) “Existing installation” means any boiler installed in this state before October 1, 1987.

(17)(14) “External inspection” means an inspection made when a boiler is in operation, if possible or when examination of the interior surfaces of the pressure parts cannot be made.

(18)(15) “Fusion welding” is a generic term for welding processes that rely on melting to join materials of similar compositions and melting points means a process of welding metals in a molten and vaporous state, without the application of mechanical pressure or blows.

(19)(16) “Horsepower” means a unit of measurement in which one boiler horsepower = 34.5 lbs. steam per hour or 33,479 BTUH (British Thermal Units per Hour) (BTUH).

(20)(17) “Internal inspection” means an inspection made after when a boiler is shut down and becomes cold, using the National Board Inspection Code and the handholes, manholes, or other inspection openings are opened for an interior inspection of the interior.

(21)(18) “Jurisdiction” means a state, commonwealth, or municipality of the United States or a Province of Canada, which has adopted one or more sections of the ASME Boiler and Pressure Vessel Code, one of which is Section I, and which maintains a duly constituted governmental unit for the purpose of enforcement of the code.

(22)(19) “Major repair” means a repair affecting the strength of the boiler.

(23)(20) “National Board” means the National Board of Boiler and Pressure Vessel Inspectors (NB), 1055 Crupper Avenue, Columbus, Ohio 43229, [phone], whose membership is composed of chief boiler inspectors of jurisdictions who, or other officials who hold a National Board Commission and are charged with the enforcement of the provisions of the Boiler and Pressure Vessel Safety Act.

(24)(21) “National Board Inspection Code” means the code for jurisdictional authorities, inspectors, users, and organizations performing repairs and alterations to pressure-retaining parts. It is published by the National Board and is developed under procedures accredited as meeting the criteria for American National Standards.

(25)(22) “New boiler installation” means all boilers constructed, installed and placed in operation after October 1, 1987.

(26)(23) “Owner” or “user” means any person, firm or corporation legally responsible for the safe installation, operation, and maintenance of any boiler within this state.

(27)(24) “Other locations open to the general public,” as used in the definition of “public assembly locations” in section 554.1021(9), F.S., means a building, facility, occupancy, or portion thereof, or an area open to the public for educational purposes or for trade or commerce including the following: , but not limited to, public and private schools, universities, child care centers, city, county and state government buildings, commerce facilities, shopping malls, departmental stores, grocery stores, motels, hotels, resorts, vacation clubs, fitness centers, and restaurants; meeting rooms, game rooms, and similar places where the public is invited or permitted to gather, as well as boiler rooms, located in apartment complexes, condominiums, cooperatives, or similar multi-family dwellings; dry cleaners, laundries or laundromats; retirement homes; religious schools; bus or train stations; colleges and other institutions of higher learning; fraternal organizations; any club open to guests and the public; and any building or area in which persons may assemble for civic, educational, religious, recreational, entertainment or other purposes, or in which passengers may await public transportation. The term “public assembly locations” also means “places of public assembly” as used in this rule chapter.

(28)(25) “Pressure retaining item” (PRI) means a boiler, pressure vessel, piping or material used for the containment of pressure, either internal or external. The pressure may be obtained from an external source or by the application of heat from the direct source, or any combination thereof.

(29)(26) “Pressure vessel” means containers for the containment of pressure, either internal or external. This pressure may be obtained from an external source or by the application of heat from a direct or indirect source, or any combination thereof.

(30)(27) “PSIG” means pounds per square inch gauge.

(31)(28) “Repair” means the work necessary to restore a boiler or pressure vessel to a safe and satisfactory operating condition.

(32)(29) “Repair organizations” shall means:

(a) An entity which holds a valid National Board certificate authorizing the use of the “R,” “VR,” or “NR” stamps; or

(b) The holder of a valid ASME certificate of authorization for use of the appropriate code symbol stamp; or

(c) One which is authorized by the Boiler Safety Program.

(33)(30) “Rules” means this rule chapter unless otherwise specified.

(34)(31) “Rerating” means the increase of the maximum allowable working pressure or temperature of a boiler regardless of whether or not physical work is carried out on the boiler. Rerating shall be considered an alteration.

(35)(32) “Special boiler inspector” means an inspector who holds a Florida certificate of competency and who is regularly employed by an authorized inspection agency insurance company authorized to insure against loss from explosion of boiler and pressure vessels in this state.

Rulemaking Authority 554.103, 554.104, 554.108 FS. Law Implemented 554.1021, 554.103, 554.104, 554.105, 554.106, 554.107, 554.108, 554.1081, 554.1101 554.1011-.115 FS. History–New 2-27-89, Amended 10-23-00, Formerly 4A-51.005 , Amended __________.

 

Substantial rewording of Rule 69A-51.010 follows. See Florida Administrative Code for present text.

 

69A-51.010 State Boiler Codes Adopted.

(1) The Department of Financial Services hereby adopts and incorporates by reference the following national codes as the State Boiler Code for the safe construction, installation, inspection, maintenance, and repair of boilers.

(a) The ASME Boiler and Pressure Vessel Code, Sections I; II, Parts A, B, C and D; IV; V; VI; VII; VIII, Division 1, Appendix 19; and IX; 2017 edition; and the ASME CSD-1, Controls and Safety Devices for Automatically Fired Boilers, 2018 edition.

(b) The National Board Inspection Code (NBIC), Parts 1, 2, 3, and 4, and NB-263, RCI-1, Rules for Commissioned Inspectors, 2017 edition.

(c) ASME B31.1, Power Piping, 2018 edition.

(2) The ASME standards referenced in subsection (1) are copyrighted materials and cannot be copied but may be obtained by contacting: The American Society of Mechanical Engineers, 150 Clove Road, Little Falls, New Jersey 07424 or WWW.ASME.Org; Phone: 1(800)THE-ASME.

(3) The NBIC standards referenced in subsection (1) are are copyrighted materials and cannot be copied but may be obtained by contacting: The National Board of Boiler and Pressure Vessel Inspectors, 1055 Crupper Avenue, Columbus, Ohio 43229 or https://www.nationalboard.org/; Phone: [phone].

(4) The copyrighted ASME and NBIC standards referenced in subsection (1) may be viewed, during regular business hours, at the offices of:

1. The Boiler Safety Program, Bureau of Fire Prevention, Division of State Fire Marshal, 325 John Knox Road, Third Floor, Atrium Building, Tallahassee, Florida 32303, Phone: [phone]; or

2. The Florida Administrative Code and Register, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, Phone [phone].

Rulemaking Authority 554.103, 554.108 FS. Law Implemented 554.103, 554.108 FS. History–New 2-27-89, Amended 10-23-00, Formerly 4A-51.010, Amended __________.

 

69A-51.015 Chief Boiler Inspector; Deputy Boiler Inspectors; Special Boiler Inspectors Administration.

(1) Chief boiler inspector.

(a) The Chief Financial Officer shall appoint a chief boiler inspector who must have at least shall have not less than five (5) years’ experience in the construction, installation, inspection, operation, maintenance, or repair of high pressure, high temperature water boilers and pressure vessels and who holds a commission from the National Board of Boiler and Pressure Vessel Inspectors or and a certificate of competency from the Department. Such chief boiler inspector serves at the pleasure of the Chief Financial Officer.

(b) The chief inspector, authorized by the Department, is charged, directed and empowered:

1. To take action necessary for the enforcement of the State Boiler Safety Act and the rules adopted pursuant thereto.

2. To be responsible for the conduct of the Boiler Safety Program and the supervision of the Program’s employees and shall report to the Chief, Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services.

3. To keep a complete record of the type, dimensions, owner or user, maximum allowable working pressure, age, location, and the date of last recorded inspection of all boilers in places of public assembly in the State of Florida.

4. To publish and make available to anyone so requesting copies of the rules adopted by the Boiler Safety Program.

5. To issue, suspend, or revoke certificates of competency and certificates of compliance as provided for in these rules.

6. To conduct examinations for applicants for a certificate of competency or Florida Commission as an inspector of boilers.

7. To revoke commissions and commission credential cards for cause.

8. To issue, receive, approve and file manufacturer’s data reports and inspection reports covering all boilers under the jurisdiction of the Boiler Safety Program.

9. To draft proposed amendments to this rule chapter.

10. To exercise general supervision over the inspectors and employees of the Boiler Safety Program.

11. To cause the prosecution of all violators of the provisions of chapter 554, F.S., and this rule chapter.

(2) Deputy boiler inspectors. The Department shall employ deputy boiler inspectors who shall be responsible to the chief boiler inspector and who shall have at the time of appointment not less than three (3) years practical experience in the construction, maintenance, repair, inspection, installation, or operation of high pressure boilers and pressure vessels as a mechanical engineer, steam engineer, boilermaker, or boiler inspector. A deputy boiler inspector shall hold a commission from the National Board of Boiler and Pressure Vessel Inspectors shall have passed the examination provided for in this rule chapter, and who shall hold a certificate of competency from the Department.

(3) Special boiler inspectors.

(a) Certificates of competency designating special boiler inspectors of boiler and pressure vessels shall be issued by the chief boiler inspector upon application by request of any authorized inspection agency as provided in Rule 69A-51.020, F.A.C. which has been licensed 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 of coverage.

(b) Special boiler inspectors shall perform inspections of insured boilers in accordance with the inspection frequency set forth in section 554.108, F.S. Special boiler inspectors shall not receive any salary or reimbursement of expenses from the state. The certificate of competency issued to a special inspector shall be valid only so long as such special inspector is in the full-time employment of an authorized inspection agency.

(c) Special boiler inspectors may inspect uninsured boilers at the request of the owner or user. Upon termination of employment from an authorized inspection agency, the agency shall, in writing, notify the chief inspector of such termination within fifteen (15) days following the date of termination.

(d) Special inspectors shall inspect all boilers covered by these rules that are located in places of public assembly and insured by their respective Authorized Inspection Agencies. All boilers, when so inspected, shall be exempt from payment to the state for inspection fees. Special boiler inspectors may conduct shop or field inspections of new boilers and pressure vessels in accordance with the applicable National Board Inspection Code requirements.

(4) Inspectors who hold a certificate of competency from the Department commissioned by the State of Florida shall not engage in the sale of an article or device relating to boilers or their appurtenances or in any activity which would be in conflict with their official duties as an authorized inspector.

Rulemaking Authority 554.103, 554.104(8), 554.108(6) FS. Law Implemented 554.104, 554.105, 554.106, 554.107, 554.108, 554.109, 554.114, 554.115 FS. History–New 2-27-89, Formerly 4A-51.015, Amended__________.

 

69A-51.017 Other Provisions; Power Piping.

(1) All installations after September 30, 1987, must shall be designed, constructed, inspected, and stamped in accordance with the ASME Code, as adopted herein, and the latest addenda thereto which is incorporated by reference in Rule 69A-51.010, F.A.C. in effect. In addition, all boilers shall bear the National Board stamping and the manufacturer’s N.B. numbers as registered with the National Board of Boiler and Pressure Vessel Inspectors. A copy of the manufacturer’s data report signed by the manufacturer’s representative and the National Board Commissioned Inspector employed by the Authorized Inspection Agency shall be submitted to the Chief Inspector of the Boiler Safety Program not more than 90 days following the inservice date of the boiler.

(2) Power Piping. Piping external to power boilers from the boiler to the first stop valve of a single boiler and to the second stop valve in a battery of two or more boilers is subject to the requirements of Section I 1 of the ASME Code, and the design, fabrication, installation, and testing of the valves and piping shall be in accordance with ASME B31.1, Power Piping ANSI B31.1.0, which are incorporated by reference in Rule 69A-51.010, F.A.C. as adopted and incorporated by reference herein.  Welded piping is subject to the ASME Code requirements for proper code certification including stamping in conformance with the code and furnishing of applicable manufacturer’s data report forms to the owner and the chief boiler inspector, which are incorporated by reference in Rule 69A-51.010, F.A.C.

Rulemaking Authority 554.103, 554.108(6) FS. Law Implemented 554.103, 554.108 FS. History–New 2-27-89, Formerly 4A-51.017, Amended __________.

 

Substantial rewording of Rule 69A-51.020 follows. See Florida Administrative Code for present text.

 

69A-51.020 Certificates of Competency; Training Course; Renewals.

(1) A person shall not be, act as, or advertise or hold himself or herself out to be an inspector of a boiler that is subject to regulation by chapter 554, F.S., unless he or she currently holds a certificate of competency issued by the Department.

(2) A certificate of competency will be issued to a person who meets the following:

(a) Has successfully passed the examination administered by the National Board of Boiler and Pressure Vessel Inspectors;

(b) Holds a commission from the National Board of Boiler and Pressure Vessel Inspectors;

(c) Has completed the 2-hour training course required by section 554.104(4), F.S., no later than 12 months before issuance of an initial or renewal certificate of competency;

(d) Is employed by an authorized inspection agency or the Department; and

(e) Has submitted the application form and paid the fee.

(3) Training course. A person must complete the Department’s two-hour training course to obtain a certificate of competency. The training course may be obtained online at the Department’s website at: http://www.myfloridacfo.com/division/sfm/bfp/boilersafety/; or by contacting the Boiler Safety Program, Bureau of Fire Prevention, Division of State Fire Marshal, 325 John Knox Road, Third Floor, Atrium Building, Tallahassee, Florida 32303, Phone: [phone].

(4) Special boiler inspectors.

(a) A certificate of competency designating a special boiler inspector will be issued by the chief boiler inspector upon application by an authorized inspection agency. An application must be submitted on Form DFS-K3-404, Application for Original and Renewal Certificate of Competency Special Boiler and Deputy Boiler Inspectors (Rev. 01/18), which is hereby incorporated by reference, and available at the following link: <insert DOS website address>; or on the Department’s website at: http://www.myfloridacfo.com/division/sfm/bfp/boilersafety/; or by contacting the Boiler Safety Program, Bureau of Fire Prevention, Division of State Fire Marshal, 325 John Knox Road, Third Floor, Atrium Building, Tallahassee, Florida 32303, Phone: [phone].

(b) An employee of an NB-369 authorized inspection agency defined in Rule 69A-51.005(7)(c), F.A.C., must provide a certificate or letter showing proof of professional liability insurance coverage.

(c) The certificate of competency of a special boiler inspector remains in effect only so long as the special boiler inspector is employed by an authorized inspection agency and expires on December 31 of each year. Upon termination of employment, the authorized inspection agency must give written notice to the chief boiler inspector within 15 days following the date of termination.

(5) Deputy boiler inspectors.

(a) The Department will issue a certificate of competency to a deputy boiler inspector who who meets the requirements of subsection (2) of this rule and section 554.104, F.S.

(b) An application must be submitted on Form DFS-K3-404, Application for Original and Renewal Certificate of Competency Special Boiler and Deputy Boiler Inspectors, which is incorporated by reference in subsection (4).

(c) The certificate of competency of a deputy boiler inspector remains in effect only so long as the deputy boiler inspector is employed by the Department and expires on December 31 of each year.

(6) Renewals.

(a) Every certificate of competency issued by the Department will expire on December 31 of each year. Applications for renewal must be made on Form DFS-K3-404, which is incorporated by reference in subsection (4). The renewal application must be completed, signed, and forwarded to the Department. Upon receipt of the application, an invoice for the fee set forth in section 554.111(1)(a), F.S., will be sent to the authorized inspection agency.

(b) A certificate of competency which is not timely renewed is inoperative. As a consequence, inspection reports dated after December 31 will not be accepted and the boilers to which they relate must be reinspected by an authorized inspector holding a valid certificate of competency.

(7) A revocation of a certificate of competency is permanent, and a revoked certificate of competency shall not be reinstated, nor shall a new certificate of competency be issued to the same person.

(8) A suspension of a certificate of competency shall remain in effect until all violations have been corrected.

Rulemaking Authority 554.1021(2), 554.103, 554.104(8) FS. Law Implemented 554.1021, 554.104, 554.105, 554.106, 554.107, 554.108, 554.111, 554.112, 554.113  554.114, 554.115  FS. History–New 2-27-89, Amended 7-15-98, Formerly 4A-51.020, Amended 5-26-10, __________.

 

69A-51.025 Certificate of Operation Compliance.

(1) A certificates of operation compliance is required to operate a boiler located in a public assembly location in this state shall be issued only to boilers located in places of public assembly in this State. A certificate of operation is only valid for the boiler for which it was issued.

(2) Upon receipt of an inspection report filed pursuant to section 554.108, F.S., showing a boiler to be in compliance with the State Boiler Code, and upon receipt of the inspection/certificate fee, the chief boiler inspector will issue a certificate of operation to the owner. If, upon making the internal and/or external inspection, the inspector finds the boiler to be in safe working order, provided with the appurtenances necessary to safety, and properly set up, the chief inspector, upon receipt of an inspection report from the inspector and of the fee established in Section 554.111, F.S., shall issue to the owner or user thereof a certificate of compliance and, Upon receipt of the certificate of operation, such owner or user may operate the boiler described in the certificate until the date of expiration unless such certificate is suspended, shall be sooner withdrawn or revoked, or not renewed.

(3) The certificate of operation compliance issued by the Department shall state the name of the owner or user; the location; the Florida state serial number; date of inspection; date of expiration of the certificate; the maximum pressure at which the boiler may operate; name of person who made the inspection; signature of the Chief Financial Officer; manufacturer; type of boiler; National Board number; and authorized inspection agency doing the inspection.

(4) The certificate of operation compliance must shall be conspicuously placed so it can be readily identified with the certified certificated boiler, preferably in the boiler room. The certificate of operation must be posted under glass, or be similarly protected, in the room containing the boiler. The certificate of operation compliance for a portable boiler must shall be kept on the premises and must shall be accessible at all times.

(5) If an inspector at any inspection finds that the boiler is not in safe working condition, or is not provided with the appurtenances necessary to safety, or if the appurtenances are improperly arranged, he shall immediately notify the owner or user and person in charge of the boiler to shut down the boiler and shall report the same to the chief boiler inspector who shall place or cause to be placed on the boiler an official state seal to prevent further use of said boiler, and such seal shall remain in place until said boiler is restored to a condition to insure safety of operation. All such actions shall be in compliance with chapter 120, F.S. The owner and/or user shall not operate the boiler or permit it to operate until a certificate of compliance has been issued or restored. Official state boiler seals may be attached or removed by  special inspectors only after permission has been obtained from the chief boiler inspector of the Boiler Safety Program. 

(5) (6) The certificate of operation compliance for a power boiler or a high pressure, high temperature water boiler is valid for a period of 12 months from the date of the certificate inspection.

(6) (7) The certificate of operation compliance for a heating boiler or a hot water supply boiler is valid for a period of 24 months from the date of the certificate inspection.

(7) A suspension of a certificate of operation shall continue in effect until all violations have been corrected, and for boiler safety violations, until the boiler has been inspected by an authorized inspector and shown to be in a safe working condition. The certificate of compliance shall be posted under glass, or be similarly protected.

Rulemaking Authority 554.103, 554.108(6) 554.1101, 554.113 FS. Law Implemented 554.105, 554.106, 554.107, 554.108, 554.109, 554.1101, 554.114 554.113 FS. History–New 2-27-89, Formerly 4A-51.025, Amended __________.

 

69A-51.035 Examinations.

Rulemaking Authority 624.307, 624.308(1) FS. Law Implemented 554.103, 554.111, 554.112 FS. History–New 2-27-89, Amended 1-27-99, 10-23-00, Formerly 4A-51.035, Repealed__________.

 

69A-51.045 Existing and New Boiler Installations in Public Assembly Locations; Exemptions Scope.

(1) The provisions of Rules 69A-51.045 and 69A-51.050, F.A.C., this part shall apply to existing and new installations of boilers in public assembly locations.

(2) Existing installations are those boilers installed in public assembly locations before October 1, 1987.

(3) For existing installations:

(a) The maximum allowable working pressure of a boiler carrying the ASME Code symbol stamp must shall be determined by the applicable sections of the ASME Code, which is incorporated by reference in Rule 69A-51.010, F.A.C., under which it was constructed and stamped.

(b) The maximum allowable working pressure of a boiler that which does not carry the ASME Code symbol must shall be computed in accordance with the National Board Inspection Code inspection code of the National Board of Boiler and Pressure Vessel Inspectors, which is as adopted and incorporated by reference in Rule 69A-51.010, F.A.C. herein.

(c) These rules shall not be construed to prevent the use, sale or reinstallation of a boiler in a public assembly location, provided it has been made to conform to the rules in this rule chapter governing existing installations and, provided further, that it has not been found upon inspection to be in an unsafe condition. 

(4) New installations are those boilers installed in public assembly locations after September 30, 1987.

(5) For new installations, no boiler which does not conform to the rules in this rule chapter governing new construction and installation shall be installed and operated in public K locations in this state unless the boiler is of special design or construction, and is not inconsistent with the spirit and safety objectives of  these rules in which case a permit for a state special must be applied for in writing by the Florida user. After specific approval, the issuance of a Florida State Special Number and a certificate of compliance may be granted at the discretion of the chief inspector of the Boiler Safety Program.

(5) (6) No boiler shall be installed in a public assembly location in this state unless it has been constructed, inspected, and stamped in conformity with the ASME Code, which is incorporated by reference in Rule 69A-51.010, F.A.C., except:

(a) Those exempted by the Act; or

(b) Boilers which are federally owned and federally inspected; or

(c) Coil type hot water boilers without any steam space where water flashes into steam when released through a manually operated nozzle unless one of the following limitations is exceeded:

1. A 3/4'' inch diameter tubing or pipe size with no drum or headers attached; or

2. Nominal water containing capacity does not exceed six U.S. gallons; or

3. Water temperature does not exceed 350º F; or

4. Steam is not generated within the coil; or

(d) Those potable water heaters exempted by Part HLW-101, “Service Limits Restriction and Exception,” Section IV of the ASME Code, which is incorporated by reference in Rule 69A-51.010, F.A.C. or

(e) Those approved as a Florida State Special.

Rulemaking Authority 554.103, 554.108 FS. Law Implemented 554.103, 554.104, 554.105, 554.106, 554.107, 554.108, 554.109, 554.1101 FS. History–New 2-27-89, Formerly 4A-51.045, Amended __________.

 

69A-51.050 Inspection Requirements for Boilers in Public Assembly Locations.

(1) Access for inspection. The authorized inspector shall have full access during mutually agreeable 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) Inspection requirements. Each boiler used or proposed to be used in a place of public assembly within this state, except boilers exempted under subsection 69A-51.045(6), F.A.C., shall be thoroughly inspected as to its construction, installation and condition as follows:

(a) Power boilers and high pressure, high temperature water boilers shall receive a certificate inspection annually. They shall be inspected annually both internally, where construction permits, and externally while not under pressure. They shall also be inspected annually externally while under pressure, if possible, within six (6) months of the internal inspection.

(b) Heating boilers, except those constructed of cast iron, must shall receive a certificate inspection biennially. This inspection may be an external inspection unless an internal inspection is required by the authorized inspector. The authorized inspector, due to operating conditions, may require additional inspections.

(c) Heating Hot water boilers and hot water supply boilers, except those constructed of cast iron, must shall receive a certificate inspection biennially with an internal inspection every four (4) years if the construction of the boiler so permits.

(d) Heating boilers and hot water supply boilers constructed of cast iron must shall receive a certificate inspection biennially.

(3) The Boiler Safety Program is responsible for providing for the safety of life, limb and property and therefore has jurisdiction over the interpretation and application of the inspection requirements as provided herein. Inspection during construction and installation shall certify as to the minimum requirements for safety as defined in the ASME Boiler and Pressure Vessel Code or other construction standard acceptable to the Boiler Safety Program. Inspection frequency must shall be in accordance with generally accepted practice and compatible with actual service conditions such as:

(a) Previous experience, based on records of inspection, performance, and maintenance.

(b) Location with respect to personal hazard.

(c) Quality of inspection and operating personnel.

(d) Provisions for related safe operation control.

(e) Interrelation with other operations outside the scope of this rule chapter.

(4) Based upon documentation regarding actual service conditions, the Boiler Safety Program may, in its discretion, permit variations in the inspection requirements.

(5) The inspections herein required, including shop inspections, must shall be made by the authorized inspector.

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

(7) All boilers installed in a place of public assembly in this state shall be inspected prior to use by an authorized inspector holding a valid certificate of competency issued by the Department State of Florida.

(8) Inspection reports.

(a) Each boiler subject to inspection must be inspected within 30 days after the expiration of the boiler’s certificate of operation. An inspection report must be received by the chief boiler inspector no later than 30 days after the projected expiration date of the certificate of operation. If, upon inspection, the authorized inspector finds that a boiler is in violation of any provision of the State Boiler Code, the authorized inspector must promptly notify the owner or user and state what repairs or other corrective measures are needed. An authorized inspector shall file a written report with the chief boiler inspector on each certificate inspection within 15 days after such inspection using the following forms:

1. For the first jurisdictional inspection, a special boiler inspector shall use the National Board of Boiler and Pressure Vessel Inspectors’ Form NB-5, Boiler or Pressure Vessel Data Report (Eff. 01/18).

2. For all subsequent inspections, a special boiler inspector shall use the National Board of Boiler and Pressure Vessel Inspectors’ Form NB-6, Report of Inspection (Eff. 01/18).

(b) Form NB-5 and Form NB-6  are hereby incorporated by reference. Form NB-5 is available at the following link: <insert DOS website addresses>. Form NB-6 is available at the following link: <insert DOS website address>. The forms are also available from the National Board of Boiler and Pressure Vessel Inspectors’ website at http://www.nationalboard.org/Index.aspx?pageID=113&ID=171. Each authorized inspection agency employing certified special inspectors and each certified deputy inspector shall, within fifteen (15) days following each certificate inspection made by such inspectors, file a report of the inspection with the chief inspector of the Boiler Safety Program using the following forms, which are hereby adopted and incorporated by reference: Form DI4-380, 10/01/00, “Boiler or Pressure Vessel Data Report – First Internal Inspection,” and Form DI4-379, 10/01/00, “Boiler – Fired Pressure Vessel – Report of Inspection.” Authorized inspection agencies may reproduce these forms for their own use. Copies may be obtained from the Boiler Safety Program, Bureau of Fire Prevention, Division of State Fire Marshal, 200 East Gaines Street, Tallahassee, Florida 32399-0342.

(9) Upon a determination by the chief boiler inspector that a boiler cannot be safely operated, the boiler must immediately be shut down. The chief boiler inspector or a deputy boiler inspector shall attach a tag to the boiler indicating that the boiler has been shut down due to an unsafe condition. The boiler must remain shut down until a reinspection by the chief boiler inspector or a deputy boiler inspector determines that the boiler may be operated safely. A boiler that may not be safely operated, as determined by the chief boiler inspector, is deemed to constitute an imminent danger to the public health, safety, and welfare. If, upon inspection, the authorized 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) If an insured boiler with a certificate of operation compliance ceases to be insured, that certificate shall be valid until the indicated expiration date.

(11) All authorized inspection agencies shall notify the chief boiler inspector of the Boiler Safety Program within thirty (30) days of all boiler installation risks written, cancelled, or not renewed in places of public assembly in this state.

(12) Inspection exemptions.

(a) Any authorized inspection agency licensed to sell boiler and pressure vessel insurance in this state and insuring a boiler in a place of public assembly located in the state shall inspect such boiler so insured.

(b) Such inspection shall be performed by a special boiler inspector holding a certificate of competency from this state.

(c) Upon filing of a report of satisfactory inspection with the Department, such boiler is exempt from inspection by the Department.

(13) Inspection numbers.

(a) Upon completion of installation and/or at the time of the first jurisdictional inspection, all boilers shall have attached, by the authorized inspector making the inspection, a metal self-locking seal or non-corrosive tag which bears the Florida state serial number. The tags seals are to be attached in a conspicuous place where they cannot be easily removed, such as around the connecting water column pipes, steam gauge pigtail or siphon or around the piping connecting the boiler and its safety or relief valve.

(b) A block of Florida state serial numbers will be furnished, upon request application, by the chief boiler inspector to authorized inspection agencies for use by special boiler inspectors on boilers insured and inspected by their companies. The furnishing and installing of non-corrosive tags is the responsibility of the authorized inspection agency. The approximate size of the non-corrosive tag shall be one inch by three inches (1'' x 3'').

(c) Boilers which are brought into the state for temporary use shall not be assigned Florida state serial numbers.

(d) It shall be the duty of every authorized inspector, at the time of the certificate inspection, to determine if the boiler has attached the required metal self-locking seal or non-corrosive tag bearing the Florida state serial number attached.

(e) Florida state serial numbers 0001 through 49,999 shall be referred to as high pressure numbers and used for power boilers and high pressure, high temperature water boilers. Florida state serial numbers 50,000 and above shall be referred to as low pressure numbers and used for low pressure steam, hot water heating boilers, and hot water supply boilers.

(f) Stamping of Florida state serial numbers on non-corrosive tags shall be as follows:

FL000000

Florida state serial numbers shall be stamped with numbers and letters not less than 5/16'' inch in height.

(14) Types of authorized inspection agencies.

(a) The Department’s Boiler Safety Program, Bureau Fire Prevention, Department of Financial Services, State of Florida.

(b) The authorized inspection agencies defined in section 554.1021(2), F.S. Any insurance company licensed to insure boilers and pressure vessels in the State of Florida.

(15) Registration requirements.  Any company insuring boilers and pressure vessels in this state which maintains a regularly established inspection department and employs qualified supervisors and authorized inspectors shall apply on its letterhead stating the inspection categories (either boilers or pressure vessels or both) for which registration is requested. The company’s application letter shall include sufficient information on which a decision may be based including the make up of its supervisory staff and their qualifications to supervise the company’s authorized inspectors.

(15) (16) Existing non-standard boilers.

(a) Non-standard boilers which were installed in the state of Florida prior to October 1, 1987, are shall be subject to the provisions of the ASME Boiler and Pressure Vessel Code, Section I, paragraphs A-33 and A-36 (1989 edition), which are hereby incorporated by reference. The factor of safety for boilers shall not be less than the following:

1. 5.0 for boilers 20 to 25 years old. The existing factor of safety may be continuous if subparagraph 2., below, has been complied with.

2. For each five (5) years thereafter, the factor of safety of boilers must shall be increased by not less than five-tenths (5/10); provided, however, that after a thorough internal and external inspection and a hydrostatic test to one and one-half (1½) times the pressure allowed, during which no distress or leakage develops, the pressure allowed may be continued at its present factor of safety. The owner or user of such boiler shall prepare the boiler for hydrostatic pressure test by uncovering all riveted joints.

3. When boilers of the horizontal return tubular, flue, cylinder, or locomotive type having a longitudinal lap joint reach the age of thirty-five (35) years, the maximum allowable working pressure shall not be in excess of fifteen (15) pounds per square inch.

4. In no case may shall the maximum allowable working pressure on a non-standard boiler be increased, unless it is being operated at a lesser pressure than would be allowed for ASME Code Boilers.

5. Any non-standard boiler which has been or is now located in a place of public assembly within this state, and which is shall be removed from and returned to the state, cannot be used in Florida for permanent service, but is shall be subject to the rules in this rule chapter governing temporary boilers if it is to be operated in Florida.

(b) 1. The ASME standards referenced in paragraph (15)(a) are copyrighted materials and cannot be copied, but may be obtained by contacting: The American Society of Mechanical Engineers, 150 Clove Road, Little Falls, New Jersey 07424 or WWW.ASME.Org; Phone: 1(800)THE-ASME.

2. The copyrighted ASME standards referenced in paragraph (15)(a) may be viewed, during regular business hours, at the offices of:

a.  The Boiler Safety Program, Bureau of Fire Prevention, Division of State Fire Marshal, 325 John Knox Road, Third Floor, Atrium Building, Tallahassee, Florida 32303, Phone: [phone]; or

b. The Florida Administrative Code and Register, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, Phone [phone].

(16) (b) Non-standard Boilers brought into the state for temporary use.

(a)1. Any person, firm, or corporation desiring to bring a non-standard boiler into this state for temporary use at a place of public assembly shall contact make application to the chief boiler inspector by email ([e-mail]) to schedule an inspection prior for permission to using use such boiler, stating the location where the boiler is to be used and the approximate length of time it is to be used, and shall comply with the requirements in the following subparagraphs.

(b)2. No It shall be unlawful to operate any temporary boiler may be operated in a place of public assembly within this state until an internal inspection has been made, a hydrostatic pressure test has been applied, a report has been submitted to the chief boiler inspector, and a certificate of operation compliance has been issued.

(c)3. This inspection must shall consist of an internal and external inspection, together with an operational hydrostatic test of one and one-half (1½) times the safe working pressure. The boiler must shall be operated at a pressure not greater than that permitted by the authorized inspector at the time of inspection and stipulated on the certificate of operation compliance.

(d)4. The boiler may be inspected by the chief boiler inspector, or a special boiler inspector, or a deputy boiler inspector. The inspection must be made at the time the boiler is first brought into Florida and before being put into service, provided an inspection of it has not been made and a hydrostatic test applied within the preceding thirty (30) days. In such cases, a copy of the inspection report together with the required certificate of inspection fee shall be forwarded to the Department within three (3) days and, if the condition of the boiler warrants, a certificate of operation compliance will be issued.

5. No certificate shall be issued for a longer period of time than six (6) months from the date of inspection. However, if the temporary work is not completed at the expiration of that time, the certificate may be extended for three (3) months, after another inspection (but not necessarily a hydrostatic test), and upon payment of an additional certificate fee, after which time the boiler must be taken out of service. In no case shall the boiler change ownership and remain in the state without permission from the Boiler Safety Program. The certificate must be available at all times at the location where the temporary boiler is operating.

(e)6. When a temporary boiler is examined by the chief boiler inspector or a deputy boiler inspector, the fee required by section 554.111, F.S., must shall be paid and forwarded to the Department.

(f)7. Temporary boilers shall not be assigned a Florida state serial number.

(17) Additional inspections.

(a) This rule is These rules are intended to provide reasonable and adequate requirements for the construction, maintenance, inspection, and use of boilers, and to provide for the inspection during fabrication, repair, or alteration of those pressure vessels that are required by the owner and/or user to:

1. (a) Meet ASME Code and National Board Inspection Code NBIC requirements; and

2. (b) Be stamped as meeting those requirements.

(b) This rule is These rules are not designed to provide an inspection program for unfired pressure vessels, except as provided for by chapter 554, F.S. However, inspections will be provided when requested by the owner or the user. This rule is The rules are intended to promote uniform standards for the design, fabrication, repair, alteration, and inspection of steam and hot water boilers, and the inspection during fabrication, repair, or alteration of those pressure vessels that are required by the owner or user to: (1a) meet ASME Code and National Board Inspection Code NBIC requirements; and (2b) be stamped as meeting those requirements.

(18) Notice of internal inspection of boilers. The owner or user of a boiler not exempted by chapter 554, F.S., or by Rule 69A-51.045(6), F.A.C., these rules shall be given fourteen (14) days notice of an impending internal inspection, by the responsible authorized inspector. No such notice may shall be required for external inspections.

(19) Preparation for internal inspection.

(a) The owner or user shall prepare each boiler for internal inspection and shall prepare for and apply a hydrostatic pressure test, whenever necessary, on the date arranged by the authorized inspector. The boiler shall be prepared for internal inspection in accordance with National Board Inspection Code, Part 2, Section 2.2.6, which is incorporated by reference in Rule 69A-51.010, F.A.C., as follows:

1. The fuel supply and ignition system shall be locked out.

2. The boiler, furnace and setting must shall be sufficiently cooled for inspection to prevent damage to any part.

3. Water must shall be drawn off and the water side thoroughly washed out.

4. The manhole and handhole plates, washout plugs, as well as inspection plugs in water column connections, must shall be removed as required by the authorized inspector.

5. All grates of internally fired boilers must shall be removed.

6. Insulation and brickwork must shall be removed as required by the authorized inspector in order to determine the condition of the boiler, headers, furnace, supports, or other parts.

7. The pressure gauge must shall be removed for testing when required by the authorized inspector.

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

9. Before opening the manhole(s) or handhole covers and entering any part of a boiler which is connected to a common header with other boilers, the required steam or water system stop valves shall be closed, tagged, and padlocked, and the drain valves or cocks between the two closed stop valves opened. The feed valves must be closed, tagged, and padlocked. Alternatively, lines may be blanked or sections of pipe removed. Blowoff lines, where practicable, shall be disconnected between pressure parts and valves. All drains and vent lines shall be open. The owner shall comply with any other safety operation required by the authorized inspector.

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 must shall be disconnected or blanked. In addition, plant personnel shall make appropriate tests to ensure assure that there is no oxygen deficiency or hazardous or toxic gasses in the drums to be entered by the authorized inspector.

(b) All automatic low water fuel cutoff and water feeding devices must shall be examined to ensure that they are properly installed; and must shall have the float chamber types or control devices disassembled and the float linkage and connections examined for wear. The float chamber must shall be examined to ensure that it is free of sludge or other accumulation. Any necessary corrective action must should be taken before the device is placed back in service.

(20) Boilers improperly prepared for inspection. If a boiler has not been properly prepared for an internal inspection, or if an owner or user has failed to comply with the requirements for a pressure test as set forth in this rule these rules, the authorized inspector may decline to make the inspection or test, and the certificate of operation compliance will shall be withheld or suspended until the owner or user complies with the requirements.

(21) Removal of covering to permit inspection. If a boiler is jacketed so that the longitudinal seams of shells, drums, or domes cannot be seen, sufficient jacketing, setting wall, or other form of casing or housing must shall be removed to permit reasonable inspection of the seams and other areas necessary to determine the condition and safety of the boiler, provided such information cannot be determined by other means.

(22) Inspection of power boilers. The internal and external inspection of power boilers must shall meet the requirements of subsection C6 of the ASME Code, Section VII, Recommended Guidelines Rules for the Care of Power Boilers; and the National Board Inspection Code, which are incorporated by reference in Rule 69A-51.010, F.A.C.

(23) Inspection of heating, supply, and potable water boilers. The internal (when required) and external inspections of steam and hot water heating, hot water supply, and potable water heaters (lined storage water heaters), must shall meet the guidelines of 7.09 and 8.09 of the ASME Code, Section VI, Recommended Rules for the Care and Operation of Heating Boilers, and the National Board Inspection Code, which are incorporated by reference in Rule 69A-51.010, F.A.C.

Rulemaking Authority 554.103, 554.108(6) FS. Law Implemented 554.103, 554.108, 554.109, 554.1101, 554.114 FS. History–New 2-27-89, Amended 10-23-00, Formerly 4A-51.050, Amended 4-10-16, __________.

 

69A-51.060 Requirements for New Boiler Installations in Places of Public Assembly.

(1) The provisions of this rule part shall apply to new installations of power boilers, high pressure, high temperature hot water boilers, low pressure heating boilers, and hot water supply boilers located in places of public assembly. The installer of any boiler placed in use in this state after January 1, 2018, must, before installing the boiler, electronically apply for a permit to install the boiler from the chief boiler inspector using Form No. DFS-K3-2203, Registration for New Boiler (Eff. 02/19), which is hereby incorporated by reference, and available at the following link: <insert DOS website address>. The form may also be obtained online and submitted for approval on the Department’s website at: http://www.myfloridacfo.com/division/sfm/bfp/boilersafety/; or from the Boiler Safety Program, Bureau of Fire Prevention, Division of State Fire Marshal, 325 John Knox Road, Third Floor, Atrium Building, Tallahassee, Florida 32303, Phone: [phone]. The application must include the boiler’s ASME manufacturer’s data report. The installer must contact the chief boiler inspector to schedule an inspection for each boiler no later than seven (7) days before the boiler is placed in service.

(1) Requirements for new installations:

(a) No boiler except those exempted by Rule 69A-51.045(6), F.A.C., the provisions of Part III of these rules may shall be installed in this state unless it has been constructed, inspected, stamped, and installed in conformity with the ASME Boiler and Pressure Vessel Code, which is incorporated by reference in Rule 69A-51.010, F.A.C., as adopted herein, and registered with the National Board of Boiler and Pressure Vessel Inspectors, and registered directly with the Boiler Safety Program by the authorized inspection agency.

(b) A boiler constructed equivalent to the required standards or having a standard stamping of another state that has adopted a standard of construction equivalent to the standards of the state of Florida may be accepted by the Department, provided, however, that the person desiring to install the boiler shall requests permission by email ([e-mail]) from the chief boiler inspector prior to installation and supplies shall supply the chief boiler inspector with the documentation required by Rule 69A-51.010, F.A.C., the manufacture’s data report covering the construction of the boiler and with any other information reasonably calculated to permit the chief boiler inspector to make an informed decision.

(c) A boiler must shall include or accommodate any equipment that is necessary to allow for the close, physical inspection of manways, pressure relieving devices, and boiler appurtenances. Such equipment may either be permanently installed or be of a design intended for temporary use. Temporary equipment must shall be positioned by the boiler owner or user at the time of the inspections required under section 554.108, F.S.

(2) Electrically heated boilers.

(a) All electrically heated boilers must shall bear the applicable ASME Code Stamp and the Underwriters Laboratory label. The boilers must shall be supplied by the manufacturer as a complete unit and must shall not be converted in the field.

(b) Electrically heated boilers must shall be permanently grounded in accordance with National Fire Protection Association (NFPA) 70, the National Electrical Code®, which is incorporated by reference as adopted in Rule 69A-3.012, F.A.C.

(c) A suitable screen or guard must shall be provided around high tension bushings and a sign posted warning of high voltage. This screen or guard must shall be so located that it will be impossible for anyone working around the boiler to accidently come in contact with the high tension circuits.

(3) Power boilers.

(a) Exit from the boiler rooms. All boiler rooms exceeding five hundred (500) square feet of floor area and containing one (1) or more boilers having a fuel-burning capacity of 1,000,000 BTU’s must shall have at least two (2) means of exit. Each boiler room exit must shall have at least two (2) means of egress, each remotely located from the other.

(b) Inspection space. In accordance with National Board Inspection Code, Part 1, Section 2.3.3, which is incorporated by reference in Rule 69A-51.010, F.A.C., all All boilers must shall be located so that adequate space is shall be provided for the proper operation of the boiler and its appurtenances; for the inspection of all surfaces, drums, tubes, waterwalls, economizers, piping, valves, and other equipment; and for necessary maintenance and repair.

(c) Explosion doors. Explosion doors, if used and if located in the setting walls within seven (7) feet of the firing floor or operating platform, must shall be equipped provided with substantial deflectors to divert the blast.

(d) Clearance. When new power boilers are installed in new buildings, a minimum height of at least seven (7) feet shall be provided between the top of the boiler proper and the ceiling, except in the single installations of self-contained boilers where a minimum height of at least three (3) feet shall be provided between the highest point of any valve stem or fitting and the ceiling. It is recommended that these requirements be followed as nearly as possible when replacing boilers in existing buildings.

(d) (e) Blow-off tanks.

1. Blow-off piping from a power boiler must shall not discharge directly into a sewer. A blow-off tank must shall be used where conditions do not provide adequate and safe open discharge.

2. Blow-off tanks installed after the effective date of this rule, if of metal, must shall have a plate thickness of not less than 5/16'' and must shall be designed for a minimum working pressure of 50 psig. Blow-off tanks must shall be built, stamped, and installed in accordance with the requirements of the National Board Inspection Code and the ASME Boiler and Pressure Vessel Code, which are incorporated by reference in Rule 69A-51.010, F.A.C. as adopted herein.

(e) (f) The discharge of safety valves must shall vent to the atmosphere and the outlets must shall be located so as to prevent injury to personnel. Blow-off pipes and other outlets must shall also be located so as to prevent injury to personnel.

(f) (g) The stamping of the boiler and safety valves must shall not be concealed by lagging or paint and must shall be exposed at all times unless a suitable record is kept of the location of the boiler stamping so it may be readily uncovered at any time.

(g) (h) Safety valves.

1. Each boiler must shall have at least one (1) ASME Code certified safety valve, and if it has more than 500 sq. ft. of bare tube water heating surface, or an electric power input of more than 1100 KW, it must shall have two (2) or more safety valves of the same type.

2. The valve or valves must shall be connected to the boiler, independent of any other steam connectors and attached as close as possible to the boiler without any intervening valves.

3. The safety valve capacity of each boiler must shall be such that the safety valve or valves will discharge all of the steam that can be generated by the boiler without allowing the pressure to rise more than six (6) percent above the highest pressure to which the valve is set and in no case to more than six (6) percent above the maximum allowable working pressure.

4. The safety valve or safety relief valve capacity must shall be in compliance with Section I, Part PG, PG-70, “Capacity of Pressure Relief Valves,” of the ASME Boiler and Pressure Vessel Code, which is incorporated by reference in Rule 69A-51.010, F.A.C. as  adopted herein, but must shall not be less than the maximum designed steaming capacity as determined by the manufacturer.

5. No boiler may shall be operated without an ASME Code certified safety valve installed, nor have the safety valves act at a pressure in excess of the safe working pressure stated on the certificate of operation compliance.

6. Repairs to safety and safety relief valves must shall be conducted only by the manufacturer or by holders of the National Board “VR” certificate of authorization.

7. The use of weighted-lever safety valves or safety valves having either the seat or disk of cast iron are prohibited; valves of this type of construction must shall be replaced by direct, spring-loaded, pop-type valves that conform to the requirements of the ASME Code, Section I, which is incorporated by reference in Rule 69A-51.010, F.A.C. as adopted herein.

(h) (i) Boiler feeding.

1. Each boiler must shall have a feed supply which will permit it to be fed at anytime while under pressure.

2. Boiler feed to all boilers must shall conform to the requirements of the ASME Boiler and Pressure Vessel Code and to the National Board Inspection Code, which are incorporated by reference in Rule 69A-51.010, F.A.C. as adopted herein.

(i) (j) Water level indicators.

1. Each boiler, except forced-flow steam generators with no fixed steam and waterline, and except high temperature water boilers of the forced circulation type that have no steam and waterline, must shall have at least one (1) water gauge glass.

2. Water level indicators must shall conform to the requirements of the ASME Boiler and Pressure Vessel Code and to the National Board Inspection Code, which are incorporated by reference in Rule 69A-51.010, F.A.C. as adopted herein.

(j) (k) Pressure gauges. Boiler pressure gauges must shall conform to the requirements of the ASME Boiler and Pressure Vessel Code and to the National Board Inspection Code, which are incorporated by reference in Rule 69A-51.010, F.A.C. adopted herein.

(k) (l) Pressure reducing valves.

1. Where pressure reducing valves are used, one (1) or more safety relief valves must shall be provided on the low pressure side of the reducing valve when the piping or equipment on the low pressure side does not meet the requirements for the full initial pressure. The safety or safety relief valves must shall be located adjoining or as close as possible to the reducing valve. Proper protection must shall be provided to prevent injury or damage caused by escaping fluid from the discharge of the safety relief valves if vented to the atmosphere. The combined discharge capacity of the safety or safety relief valves must shall be such that the pressure rating is shall not be exceeded in case the reducing valve fails in the open position.

2. The use of hand controlled bypasses around the reducing valves is permissible. If a bypass is used around a reducing valve, the safety valve required on the low pressure side must shall be of sufficient capacity to relieve all the fluid that can pass through the bypass without overpressuring the low pressure side.

3. A pressure gauge must shall be installed on the low pressure side of the reducing valve.

(l) (m) Supports. Each boiler must shall be supported by masonry or structural supports of sufficient strength and rigidity to safely support the boiler and its contents. There must shall be no excessive vibration in either the boiler or its connecting piping.

(m) (n) Air and ventilation requirements – Combustion air supply and ventilation of boiler room.

1. A permanent source of outside air must shall be provided for each boiler room to permit satisfactory combustion of the fuel as well as proper ventilation of the boiler room under normal operating conditions.

2. To determine the total requirements of the burners for all fired pressure vessels and fired equipment in the boiler room, the formula following the table below shall be used to find the square foot area of a louvered air inlet, where fired by combustible fuels. The minimum net free louvered area shall in no event be less than one square foot. The table below is based on the formula and either the table or the formula shall be used to determine the net louvered area required, expressed in square feet:

INPUT	REQUIRED AIR	MIN. NET
BTU/HOUR	CU. FT./MIN.	LOUVERED AREA SQ. FT.
500,000	125	1.0
1,000,000	250	1.0
2,000,000	500	1.6
3,000,000	750	2.5
4,000,000	1000	3.3
5,000,000	1250	4.1
6,000,000	1500	5.0
7,000,000	1750	5.8
8,000,000	2000	6.6
9,000,000	2250	7.5
10,000,000	2500	8.3

Formula: 

BTU/HR	 2.5 =	AIR, CFM	=	Min. Net Area Sq. Ft.
10,000		300
BTU/HR	2.5 =	REQUIRED AIR	=	Min. Net Area Sq. Ft.
10,000		300

 

3. When mechanical ventilation is used in lieu of subparagraph 2., above, the supply of combustion and ventilation air to the boiler room and the firing device shall be interlocked with the fan so the firing device will not operate with the fan off. The velocity of the air through the ventilating fan shall not exceed 500 feet per minute and the total air delivered shall be equal to or greater than shown in subparagraph 2., above.

(4) Heating and hot water supply boilers. All new steam heating, hot water heating, and hot water supply boilers shall be installed in accordance with the requirements of these rules.

Rulemaking Authority 554.103, 554.108(6) FS. Law Implemented 554.103, 554.104, 554.105, 554.106, 554.107, 554.108 FS. History–New 2-27-89, Amended 10-23-00, Formerly 4A-51.060, Amended 9-30-10, 5-21-12, __________.

 

69A-51.065 Requirements for Existing Boiler Installations.

(1) Standard boilers. The maximum allowable working pressure must not shall in no case exceed the pressure indicated by the manufacturer, either stamped or cast on the boiler or on a plate secured to it.

(2) Non-standard riveted boilers. The maximum allowable working pressure on the shell of a non-standard riveted heating boiler must shall be determined in accordance with the National Board Inspection Code, which is as adopted and incorporated by reference in Rule 69A-51.010, F.A.C., herein, except that:

(a) The In no case shall the maximum allowable working pressure of a steam heating boiler must not exceed 15 psig; and,

(b) The In no case shall the maximum allowable working pressure of a hot water heating boiler must not exceed 160 psig nor shall the temperature exceed 250º F.

(3) Non-standard welded boilers. The maximum allowable working pressure of non-standard steel or wrought iron heating boilers of welded construction must shall not exceed 15 psig for steam. For other than steam service, the maximum allowable working pressure must shall be calculated in accordance with Section IV of the ASME Boiler and Pressure Vessel Code, which is incorporated by reference in Rule 69A-51.010, F.A.C. as adopted herein.

(4) Non-standard cast iron boilers. The maximum allowable working pressure of a non-standard boiler composed principally of cast iron must shall not exceed 15 psig for steam service or 30 psig for hot water service. The maximum allowable working pressure of a non-standard boiler having a cast iron shell or heads and steel or wrought iron tubes must shall not exceed 15 psig for steam service or 30 psig for hot water service.

(5) Parts and appurtenances. All parts and appurtenances attached to low pressure heating and hot water supply boilers that come under this rule chapter these rules must shall conform to the requirements of the ASME Boiler and Pressure Vessel Code and the National Board Inspection Code, which are incorporated by reference in Rule 69A-51.010, F.A.C., and must shall include safety valves, safety relief valves, steam gauges, pressure or altitude gauges, water gauge glasses, stop and check valves, feed water connections, and return pumps.

(6) Automatic low water fuel cutoff and/or water feeding device.

(a) Each automatically-fired steam boiler must shall have an automatic low water fuel cutoff so located as to automatically cut off the fuel supply when the surface of the water falls to the lowest visible part of the water gauge glass. If a water feeding device is installed, it must shall be so constructed that the water inlet valve cannot feed water into the boiler through the float chamber and so located as to supply requisite feedwater. Such a fuel cutoff or water feeding device must shall comply with Section IV, Part HG, Article 6, HG-606, “Automatic Low-Water Fuel Cutoff and/or Water Feeding Device,” of the ASME Code, which is incorporated by reference in Rule 69A-51.010, F.A.C. adopted herein.

(b) Each automatically-fired hot water heating boiler with heat input greater than 400,000 BTU/HR must shall have an automatic low water fuel cutoff which has been designed for hot water service, and it must shall be located so as to automatically cut off the fuel supply when the surface of the water falls to the lowest safe water level established by the boiler manufacturer. Such low water fuel cutoff must shall comply with Section IV, Part HG, Article 6, HG-614, “Low-Water Fuel Cutoff,” of the ASME Code, which is incorporated by reference in Rule 69A-51.010, F.A.C. as adopted herein.

(7) Repairs and renewals of fittings and appliances. Whenever repairs are made to fittings or appliances, or it becomes necessary to replace them, the repairs must comply with Section IV of the ASME Boiler and Pressure Vessel Code for new construction, which is incorporated by reference in Rule 69A-51.010, F.A.C.

Rulemaking Authority 554.103, 554.108(6) FS. Law Implemented 554.103, 554.104, 554.105, 554.106, 554.107, 554.108 FS. History–New 2-27-89, Formerly 4A-51.065, Amended __________.

 

69A-51.075 Repairs.

(1) Repairs to all boilers and appurtenances thereof that come under this rule chapter these rules must shall conform to the National Board Inspection Code, which is incorporated by reference in Rule 69A-51.010, F.A.C. and this rule chapter. Where a repair affecting the safety of the boiler is necessary, the owner and/or user shall call an authorized inspector for consultation and advice as to the best method of making the repair, and the completed work is shall be subject to the authorized inspector’s his approval.

(2) No company may shall undertake a repair to a boiler unless the contemplated repairs have first been approved by an authorized inspector.

(3) Should a repair outside the scope of this rule chapter these rules be deemed feasible by an authorized inspector, such a repair may be undertaken only with the full knowledge and consent of the chief boiler inspector of the Boiler Safety Program.

(4) This rule applies These rules are intended to apply to repairs or alterations to boilers which come under this rule chapter these rules. The repairs made in accordance with this rule chapter these rules shall result in a boiler that is as safe to operate as when it was new originally constructed.

(5) Upon completion of repairs of an unsafe condition, the authorized inspection agency responsible for the issuance of the withheld certificate of operation compliance shall submit a reinspection report to the chief boiler inspector Department. The reinspection report shall include pertinent data pertaining to the required repairs including a copy of the “Report of Welded Repair” in the National Board of Boiler and Pressure Vessel Inspectors’ Inspection Code Form R-1, Report of Repair (Rev. 12/16), if applicable, which is hereby incorporated by reference and is available at the following link: <insert DOS website address>; or from the National Board’s website at: https://www.nationalboard.org/SiteDocuments/Online%20Ordering/R-1Form_NB-66.pdf.

(6) Lap seam crack. The shell or drum of a boiler in which a lap seam crack is discovered along a longitudinal riveted joint must shall be immediately removed from service. If the boiler is not more than 15 years old, a complete new course of the original thickness may be installed at the discretion of the authorized inspector (with the approval of the chief boiler inspector). Patching is prohibited.

(7) Hydrostatic pressure test.

(a) A hydrostatic pressure test, when applied to boilers of riveted or welded construction, must shall not exceed one and one-half (1½) times the maximum allowable working pressure. Hydrostatic pressure applied to glass-lined vessels must shall not exceed the maximum allowable working pressure. During the hydrostatic pressure test, the safety valve or valves must shall be removed or each valve disk must shall be held down by means of a testing clamp and not by applying additional load to the spring with the compression screw. The minimum temperature of the water used to apply a hydrostatic test must shall be not less than 60° F 70º F., and the maximum temperature must shall not exceed 120º F.

(b) When a hydrostatic test is to be applied to existing installations, the pressure must shall be as follows:

1. For all cases involving the question of tightness, the pressure must shall be equal to the release or set pressure of the safety valve or valves having the lowest release setting.

2. For all cases involving the question of safety, the pressure must shall be equal to one and one-half (1½) times, the maximum allowable working pressure.

(8) Riveted patches. In applying riveted patches, the design of the patch and the method of installation must shall be in accordance with the rules for riveted patches as required by the National Board Inspection Code, which is incorporated by reference in Rule 69A-51.010, F.A.C.

(9) Repairs by fusion welding.

(a) When repairs are to be made involving the use of welding, permission to proceed with the work must be obtained from an authorized inspector. All repairs by welding must shall be completed in accordance with the rules for repairs for fusion welding to boilers and pressure vessels in the National Board Inspection Code, which is incorporated by reference in Rule 69A-51.010. F.A.C.

(10) (b) Repair organization. All repairs must be made by an authorized repair organization as defined in Rule 69A-51.005, F.A.C. 

1. A holder of a valid National Board certificate of authorization, authorizing the use of the “R” stamp, or

2. The holder of a valid ASME certificate of authorization for use of the appropriate code symbol stamp, or

3. One which is authorized by the Boiler Safety Program.

(11) (c) Inspection and hydrostatic test.

(10) Repairs No repairs by welding may not shall be made without the approval of an authorized inspector who shall, if he or she 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 inspector a hydrostatic test is necessary, such a test must shall be applied after the repairs have been completed.

Rulemaking Authority 554.103, 554.108(6) FS. Law Implemented 554.103, 554.108 FS. History–New 2-27-89, Formerly 4A-51.075, Amended 4-10-16, __________.

 

69A-51.080 Condemned Boilers.

(1) Any boiler which has comes under these rules, having been inspected and declared unsafe by an authorized inspector must shall, after approval by the chief boiler inspector, be stamped by the authorized inspector with an arrow head stamp having an overall length of 1/2'' and width of 3/8'' on either side of the letter “XXX” and the letters of the state as shown by the following facsimile, which will designate a condemned boiler. In addition, the word “CONDEMNED” must shall be stamped under the condemned facsimile.

XXX FL XXX

Condemned

(2) Any person, firm, partnership or corporation using or offering for sale a condemned boiler which comes under these rules for operation in a place of public assembly within the state shall be subject to the penalty provided in Section 775.083, F.S.

Rulemaking Authority 554.103, 554.108 FS. Law Implemented 554.103, 554.108 554.114 FS. History–New 2-27-89, Formerly 4A-51.080, Amended__________.

 

69A-51.085 Accidents or Explosions; Notice to Chief Boiler Inspector.

When an accident occurs involving a boiler located in a place of public assembly, the owner or user shall promptly notify the chief boiler inspector by submitting a detailed report of the accident. When a In the event of personal injury or any explosion occurs, notice must shall be given immediately by calling [phone] 3645 or by emailing to [e-mail] [e-mail], and neither the boiler, nor any parts thereof, may shall be removed or disturbed before permission has been given by the chief boiler inspector, except for the purposes of saving human life or and limiting consequential damage.

Rulemaking Authority 554.103, 554.108(6) FS. Law Implemented 554.103, 554.108, 554.109, 554.114, 554.115 FS. History–New 2-27-89, Formerly 4A-51.085, Amended 4-10-16, __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: David Warburton, Chief Boiler Inspector

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jimmy Patronis, Chief Financial Officer and State Fire Marshal

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 30, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 25, 2018