Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to ss. 101.02 (15) (h)
, 101.12 (3) (c)
, 101.19 (1) (b)
, Stats., the Department of Commerce will hold a public hearing on proposed rules under chapters Comm 41, 5 and 2, relating to boilers and pressure vessels.
The public hearing will be held as follows:
Date and Time: Monday, May 2, 2005 at 10:00 a.m.
Location: Room 3B, Thompson Commerce Center
201 West Washington Avenue
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until May 16, 2005
, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Ronald Acker, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at firstname.lastname@example.org
This hearing is held in accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
Related Statute or Rule. There is no related statute or rule.
Explanation of Agency Authority. Section 101.02 (15) (h)
, Stats., grants the Department of Commerce general authority for protecting the health, safety and welfare of the public by establishing reasonable and effective safety standards for the construction, repair and maintenance of public buildings and places of employment. Section 101.12 (3) (c)
, Stats., directs the department to certify the competency of inspectors of boilers and pressure vessels. Section 101.19 (1) (b)
, Stats., authorizes the department to fix and collect fees for the inspection of boilers and pressure vessels. Section 101.17
, Stats., indicates that machines and boilers cannot be installed or used in Wisconsin unless they comply with the rules of the department.
Summary of Proposed Rules.
Chapter Comm 41
currently contains minimum safety standards for the design, construction, installation, operation, inspection, testing, maintenance, repair and alteration of boilers and pressure vessels installed in public buildings and at places of employment. Chapter Comm 5
contains requirements for certifying the competency of boiler and pressure vessel inspectors. Chapter Comm 2
contains the fees for providing inspections of boilers and pressure vessels.
The proposed rules consist of an update of chapter Comm 41 in order to bring the state boiler and pressure vessel code up to date with current technology and nationally recognized standards. The proposal also includes changes in chapter Comm 5 relating to the certification of boiler and pressure vessel inspectors, and in chapter Comm 2 relating to the inspection fee charged for multiple boilers or pressure vessels in one building. The following is a summary of the major changes being proposed. [The numbers in brackets indicate where the change can be found in the proposed rules.]
1. Revising the fee schedule for inspections of multiple boilers in one building and multiple pressure vessels in one building. [Comm 2.11 Tables 2.11-1 and 2.11-2]
2. Creating continuing education requirements for renewal of the certification as a certified boiler-pressure vessel inspector. [Comm 5.60 (5) (c)]
3. Updating currently adopted national standards to the most recent edition of the standards. [Comm 41.10 (2)]
4. Adding a rule requiring reporting inactive or non-existent boilers and pressure vessels to the department. [Comm 41.15 (3)]
5. Clarifying the exemption from inspection and registration for power piping. [Comm 41.16 (2) (b) and 41.41 (2) (b)]
6. Revising the requirements for indicating when an inspection of boilers and pressure vessels has been performed and for providing copies of inspection reports. [Comm 41.23 (1)]
7. Starting one year after the effective date of the proposed rules, requiring all inspection reports to be sent electronically to the department. [Comm 41.23 (2) (a) 2.]
8. Exempting ASME form P-4B from completion for boiler piping on certain ASME stamped boilers. [Comm 41.41 (3)]
9. Exempting cast iron sectional boilers stamped “H" and pressure vessels stamped “UM" from National Board registration. [Comm 41.42 (2) (b)]
10. Requiring registration with the National Board for routine repairs and for seal welding of 6 or more boiler tubes. [Comm 41.62 (2)]
11. Creating new rules for the inspection and testing of historical boilers operated at fairs, steam shows and other locations frequented by the public. [Subchapter IX]
6. Summary of, and Comparison with, Existing or Proposed Federal Regulations.
An Internet-based search of the Code of Federal Regulations (CFR) found the following existing federal regulations relating to the activities to be regulated by the rule.
Title 46 CFR Part 59
– Repairs to Boilers, Pressure Vessels and Appurtenances. This regulation in the Department of Homeland Security applies to the repair of all boilers, appurtenances and pressure vessels subject to inspections by the Coast Guard. The regulation adopts sections I, VII, VIII and IX of the 1989 ASME Boiler and Pressure Vessel Code.
Title 30 CFR Part 56
– Safety and Health Standards – Surface Metal and Nonmetal Mines. Subpart L of this regulation in the Department of Labor requires all boilers and pressure vessels to be constructed, installed and maintained in accordance with the ASME Boiler and Pressure Vessel Code. This regulation adopts sections I, II, IV, V, VI and VII of the 1977 ASME Code and the 1979 edition of the National Board Inspection Code.
Title 30 CFR Part 57
-- Safety and Health Standards – Underground Metal and Nonmetal Mines. Subpart L of this regulation is the same as subpart L in part 56.
Title 29 CFR Part 1910
– Occupational Safety and Health Standards. Subpart R of this regulation in the Department of Labor applies to establishments where pulp, paper and paperboard are manufactured and converted. This regulation adopts the 1968 edition of section VIII of the ASME Boiler and Pressure Vessel
Title 10 CFR Part 50
– Domestic Licensing of Production and Utilization Facilities. This regulation in the Nuclear Regulatory Commission applies to systems and components of boiling and pressurized water-cooled nuclear power reactors. This regulation adopts section III, division 1 and section XI, division 1 through the 2000 addenda of the ASME Boiler and Pressure Vessel
An Internet-based search of the 2004 and 2005 issues of the Federal Register found the following proposed federal regulations relating to the activities to be regulated by the rule.
June 30, 2004 Register, Title 46 CFR Part 32
et al. The Coast Guard in the Department of Homeland Security published a proposal to update the standards incorporated by reference for marine equipment. This proposal updates the ASME Boiler and Pressure Vessel Code to the 2001 edition.
October 1, 2004 Register, Title 10 CFR Part 50
. The Nuclear Regulatory Commission published a final rule to update its regulations by incorporating by reference the 2001 edition and the 2002 and 2003 addenda of division 1 of section III and division 1 of section XI of the ASME Boiler and Pressure Vessel Code.
7. Comparison with Rules in Adjacent States.
The Illinois Office of the State Fire Marshal, Division of Boiler and Pressure Vessel Safety regulates the construction, installation, operation, inspection and repair of boilers and pressure vessels throughout the state of Illinois. The Illinois Boiler and Pressure Vessel Safety Rules and Regulations are very similar to the requirements in the Wisconsin Boiler and Pressure Vessel Code, including the Illinois incorporation by reference of the ASME Boiler and Pressure Vessel Code (2001 with 2003 addenda), the National Board Inspection Code (2001 with 2003 addenda), and the API 510 standard (8th edition).
The Iowa Department of Workforce Development, Division of Labor Services administers and enforces the Boilers and Unfired Pressure Vessels Chapter of the Iowa Code. That chapter requires new installations of boilers and pressure vessels to be designed, manufactured, installed, inspected and stamped in accordance with the applicable requirements of the ASME Boiler and Pressure Vessel Code (1998 with 1999 and 2000 addenda). The rules are similar to the Wisconsin rules, except that the Iowa rules recognize German, British, Japanese and Canadian construction and installation standards.
The Michigan Department of Labor and Economic Growth administers the Michigan Boiler Law and Rules. The rules are similar to the Wisconsin rules, and establish minimum standards of safety for the use, construction, installation, inspection, alteration and repair of boilers, with limited rules for specified pressure vessels. The rules adopt the National Board Inspection Code (2001 with addenda), the ASME Boiler and Pressure Vessel Code (2001 with addenda), and the ASME B31.1 Power Piping standard (2001 with addenda).
The Minnesota Department of Labor and Industry, Division of Boiler Inspection administers rules that address the manufacture, installation, repair, operation, safety and inspection of boilers, pressure vessels and appurtenances. The rules contain provisions for licensing of boiler operators, and include minimal requirements for hobby boilers (steam traction engines). The rules are very similar to the Wisconsin rules, and incorporate the most recent editions and addenda of the ASME Boiler and Pressure Vessel Code and the National Board Inspection Code.
8. Summary of Factual Data and Analytical Methodologies.
There were no factual data or analytical methodologies used to develop the proposed rules.
9. Analysis and Supporting Documents Used to Determine Effect on Small Business or in Preparation of Economic Impact Report.
The proposed rules should have a minimal effect on small business. There were no supporting documents used to determine the effect on small business, and an economic impact report was not prepared.
The proposed rules have been developed with the assistance of the Boiler and Pressure Vessel Code Advisory Council. The members of that citizen advisory council are as follows:
William H. Andrae Boiler & Pressure Vessel Repairers Assn.
Joe Bena WI Manufacturers & Commerce
Peter H. Burno WI Historical Steam Engine Assn.
Jay A. Ehrfurth WI Department of Administration
Daniel Hegyi American Insurance Association
Matt Keenan WI Boiler Inspectors Association
Paul E. Prill Wisconsin Pipe Trades Association
Randy S. Pucek City of Milwaukee
Doug Smithback Mechanical Contractors Assn. of WI
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.