February 10, 2005, Introduced by Reps. Lipsey, Lemmons, III, Tobocman, Alma Smith, Bieda, McDowell, Gleason, Wenke, Plakas, Gaffney, Hopgood, Wojno, Leland and Virgil Smith and referred to the Committee on Regulatory Reform.
A bill to amend 1965 PA 290, entitled
"Boiler act of 1965,"
by amending the title and sections 2, 4, 4a, 12, 14, and 24 (MCL
408.752, 408.754, 408.754a, 408.762, 408.764, and 408.774), section
2 as amended by 2004 PA 103, section 4 as amended by 1980 PA 274,
and section 4a as amended by 2004 PA 265, and by adding sections
13a, 13b, 13c, and 13d.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An
act to regulate the use operation, construction,
installation, and repair of certain boilers; to create a board of
boiler rules; to prescribe uniform rules and regulations for
certain boilers; to provide for the licensing of certain boiler
inspectors, installers, and repairers and registration of certain
boiler operators and stationary engineers; to provide for powers
and duties for certain state agencies and officers; to provide fees
for registrations, licenses, permits, inspections, and
certificates; to provide penalties and remedies for the violation
of
this act; and to repeal certain acts and parts of acts.
Sec. 2. As used in this act:
(a) "Antique steam boiler" means a boiler that is no longer
used in production applications and is used to demonstrate the
historical significance of steam boilers in American history.
(b) "Approved apprenticeship program" means a training program
for boiler operators or stationary engineers certified by or
meeting the standards of the United States department of labor
bureau of apprenticeship training and approved by the board.
(c) "Associated auxiliaries" means equipment that is required
in the operation of a boiler that includes, but is not limited to,
pumps, regulators, feedwater heaters, superheaters, de-
superheaters, economizers, air preheaters, draft fans, combustion
and pollution control equipment, and prime movers.
(d) (b)
"Board" means the board
of boiler rules created in
section 3.
(e) (c)
"Boiler" means a closed
vessel in which water is
heated, steam is generated, steam is superheated, or a combination
thereof, under pressure or vacuum by the application of heat from
combustible fuels, electricity, or nuclear energy. Boiler does not
include facilities of an integral part of a continuous processing
unit but does include a fired unit for heating or vaporizing
liquids other than water, if the unit is separate from a processing
system and is complete within itself.
(f) (d)
"Boiler for agricultural
purposes" means a portable
boiler used in a field or similar open area for the sole purpose of
operating farm equipment or farm machinery.
(g) "Boiler operator" or "stationary engineer" means a person
engaged in the operation of boilers and associated auxiliaries.
(h) (e)
"Certificate inspection"
means an inspection, the
report of which is used by the chief inspector to decide whether a
certificate,
as provided by section 19 20, shall be issued. The
certificate inspection shall be an internal inspection if
construction allows; otherwise the certificate inspection shall be
as complete an inspection as possible.
(i) (f)
"Director" means the
director of the department of
labor and economic growth or a representative designated by the
director.
(j) (g)
"External inspection"
means an inspection which
that does not involve examination of the internal surfaces of the
pressure parts of the boiler.
(k) (h)
"Heating surface" means
the heating surface
determined by the boiler manufacturer and recorded in the
manufacturer's data report or by rules established by the board for
a boiler if the manufacturer's data report is not available or the
boiler is not stamped with its heating surface.
(l) (i)
"High pressure, high
temperature water boiler" means
a water heating boiler operating at pressure exceeding 160 p.s.i.g.
or temperatures exceeding 250 degrees Fahrenheit.
(m) (j)
"Low pressure boiler"
means a steam boiler operated
at pressures not exceeding 15 p.s.i.g., or a hot water heating
boiler operated at pressures not exceeding 160 p.s.i.g. or
temperatures not exceeding 250 degrees Fahrenheit.
(n) (k)
"P.S.I.G." means pounds
per square inch gauge.
(o) (l) "Power
boiler" means a closed vessel in which steam
or other vapor is generated at a pressure of more than 15 p.s.i.g.
by the direct application of heat.
(p) (m)
"Process boiler" means a
boiler operated at a
pressure or temperature from which more than 10% of the boiler's
capacity is used for direct steam humidification or direct process
work.
(q) "Qualified technical education program" means an
educational program approved by the board that has a minimum of 350
contact hours in classroom hands-on training, field training, or
supervised plant visits for high pressure boiler operators. The
board may establish lesser standards for an educational program for
low pressure operator training or other entry level training
positions only.
(r) "Qualified training program" means an in-house training
program approved by the board and offered to boiler operators and
stationary engineers by a utility as a result of negotiations
between a utility and its employees.
(s) "Rule" means a rule promulgated pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(t) (n)
"Secondhand boiler"
means a boiler which that has
changed ownership and location after initial use.
Sec.
4. (1) The board shall formulate definitions and
promulgate rules for the safe construction, installation,
inspection, operation, and repair of boilers in the state.
(2)
The definitions and rules formulated promulgated for
new construction shall be based upon and follow the generally
accepted nationwide engineering standards, formulae, and practices
established and pertaining to boiler construction and safety. The
board,
by resolution rule, may adopt an existing published
codification, known as the boiler and pressure vessel code of the
American society of mechanical engineers, with the amendments and
interpretations.
(3)
The board shall formulate promulgate rules for the safe
inspection
and maintenance of boilers , which that were in use in
the
state before July 1, 1966. The rules formulated promulgated
shall be based upon and follow the generally accepted nationwide
engineering standards and may be based upon an existing published
codification
, known as the inspection code of the national board
of boiler and pressure vessel inspectors.
(4)
The rules formulated by the board shall be promulgated
pursuant
to Act No. 306 of the Public Acts of 1969, as amended,
being
sections 24.201 to 24.315 of the Michigan Compiled Laws.
(4) (5)
A departure from the requirements
of this section
shall
be is permitted in an unusual
situation involving a boiler
of
special design or construction , if the board is satisfied
that a proposed facility will provide a degree of safety
commensurate with the intent of this act.
(5) Upon payment of a $30.00 fee and without examination, the
board may register an applicant for the use of a title described in
section 13a who is a boiler operator or stationary engineer
licensed or registered as a boiler operator or stationary engineer
in another state, municipality, or country whose requirements for
licensure or registration are, at a minimum, substantially
equivalent to the requirements of this state for registration as
determined by the board, if that other state, municipality, or
country extends the same privileges through reciprocity to a boiler
operator or stationary engineer registered in this state.
Sec.
4a. (1) The Subject to
sections 4(5) and 13a(6), the
board,
with the advice of the director, shall promulgate rules
pursuant
to the administrative procedures act of 1969, 1969 PA 306,
MCL
24.201 to 24.328, to establish the
fee schedules for licenses,
permits, certificates, registrations, and inspections. The fees
shall reflect the actual costs and expenses for the department of
labor and economic growth in issuing licenses, permits,
registrations, and certificates and in conducting inspections.
(2)
Beginning the effective date of the amendatory act that
added
subsection (3) July 23, 2004, the department of labor and
economic growth shall issue an initial or renewal license to
install or repair a boiler or a permit for the installation or
repair of a boiler not later than 90 days after the applicant files
a completed application. Receipt of the application is considered
the date the application is received by any agency or department of
the state of Michigan. If the application is considered incomplete
by the department of labor and economic growth, the department of
labor and economic growth shall notify the applicant in writing, or
make the information electronically available, within 30 days after
receipt of the incomplete application, describing the deficiency
and requesting the additional information. The 90-day period is
tolled upon notification by the department of labor and economic
growth of a deficiency until the date the requested information is
received by the department of labor and economic growth. The
determination of the completeness of an application does not
operate as an approval of the application for the license or permit
and does not confer eligibility of an applicant determined
otherwise ineligible for issuance of a license or permit.
(3) If the department of labor and economic growth fails to
issue or deny a license or permit within the time required by this
section, the department of labor and economic growth shall return
the license or permit fee and shall reduce the license or permit
fee for the applicant's next renewal application, if any, by 15%.
The failure to issue a license or permit within the time required
under this subsection does not allow the department to otherwise
delay the processing of the application, and that application, upon
completion, shall be placed in sequence with other completed
applications received at that same time. The department of labor
and economic growth shall not discriminate against an applicant in
the processing of the application based upon the fact that the
license or permit fee was refunded or discounted under this
subsection.
(4) Beginning October 1, 2005, the director shall submit a
report by December 1 of each year to the standing committees and
appropriations subcommittees of the senate and house of
representatives concerned with occupational issues. The director
shall include all of the following information in the report
concerning the preceding fiscal year:
(a) The number of initial and renewal applications the
department of labor and economic growth received and completed
within the 90-day time period described in subsection (2).
(b) The number of applications denied.
(c) The number of applicants not issued a license within the
90-day time period and the amount of money returned to licensees
and registrants under subsection (3).
(5) To accomplish the objectives of this section and this act,
a state boiler inspection fund is created as a restricted fund in
the state treasury. The state treasurer is the custodian of the
fund and may invest the surplus of the fund. Earnings from those
investments shall be credited to the fund. The state treasurer
shall
notify the director and the Legislature legislature of
interest credited and the balance of the fund as of September 30 of
each year. The director shall supervise and administer the fund.
Fees received by the department of labor and economic growth and
money collected under this act shall be deposited in the state
boiler
inspection fund and shall be appropriated by the
Legislature
legislature for the operations of the boiler division
and indirect overhead expenses in the department of labor and
economic growth. Funds that are unexpended at the end of each
fiscal year shall not lapse to the general fund and shall be
returned to the state boiler inspection fund.
(6) As used in this section, "completed application" means an
application complete on its face and submitted with any applicable
licensing
or permit registration
fees as well as any other
information, records, approval, security, or similar item required
by law or rule from a local unit of government, a federal agency,
or a private entity but not from another department or agency of
the state of Michigan.
Sec.
12. Examination The
examination for chief, deputy, or
special
inspectors shall be in writing and written. The
examination for certified boiler operators shall be either written
or oral. The examination for certified stationary engineers shall
be
both written and oral. The examinations
shall be held
administered by the board, with at least and not less than 2
members
of the board shall be present at all times during the an
examination.
Such examination Examinations shall be confined to
questions
, the answers to which that will aid in determining the
fitness and competency of the applicant for the intended service,
and may be those prepared by the national board of boiler and
pressure vessel inspectors. The board may adopt any examination it
determines appropriate and may delegate any administrative
functions relating to the conduct of the examination. If an
applicant
for an inspector's a license fails to pass the
examination,
he the applicant may appeal to the board for another
examination which shall be given by the board within 90 days. The
record of an applicant's examination shall be accessible to the
applicant
and his the applicant's employer.
Sec. 13a. (1) An individual may operate a boiler and
associated auxiliaries without obtaining a registration under this
act.
(2) An individual or business entity shall not use the terms
"certified boiler operator", "certified stationary engineer", "low
pressure certified boiler operator", "high pressure certified
boiler operator", "third-class certified stationary engineer",
"second-class certified stationary engineer", "first-class
certified stationary engineer", or any other name, style, or
description that indicates that the individual or an individual
employed by the business entity is registered under this act except
under either of the following circumstances:
(a) The individual has been issued a registration under this
act.
(b) The individual is exempt from this act under section 23.
(3) The individual participating in an approved apprenticeship
program, a qualified technical training program, or a qualified
training program may use the title "apprentice certified boiler
operator" or "apprentice certified stationary engineer".
(4) An individual registered under this act shall only use 1
of the titles described in subsection (2) or the abbreviation
"C.B.O." or "C.S.E.". The board may conduct an examination designed
to establish the competency of applicants for registration and may
charge an examination fee.
(5) A person applying for a registration under this act shall
be not less than 18 years of age, shall possess the physical and
mental capacities to perform his or her duties in a competent and
safe manner, and shall meet the applicable requirements of section
13d. An applicant shall use a form provided by the director.
(6) The director shall issue a registration upon
recommendation of the board and upon the applicant's payment of a
testing fee of $10.00 and a registration fee of $20.00 or a fee
prescribed pursuant to section 4a, whichever is higher, for each
application. A registration shall be renewed annually upon payment
of a fee of $20.00 or a fee prescribed pursuant to section 4a,
whichever is higher.
(7) Not later than 1 year after the effective date of the
amendatory act that added this section, the board shall recommend
for registration without examination an applicant who submits
evidence satisfactory to the board of 1 or more of the following:
(a) The applicant has had not less than 5 years of experience
in the class or category of boiler operator or stationary engineer
for which the applicant is applying.
(b) The applicant possesses a license as a boiler operator or
stationary engineer from the cities of Detroit or Dearborn in a
class for which the applicant is applying.
(c) The applicant has successfully completed a 4-year approved
apprenticeship program, a qualified technical education program, or
a 4-year qualified training program.
Sec. 13b. Certified boiler operator and certified stationary
engineer registrations are classified as follows:
(a) Low pressure certified boiler operator, who operates low
pressure boiler plants having an aggregate of not more than 4,000
square feet of boiler heating surface.
(b) High pressure certified boiler operator, who operates
boiler plants having an aggregate of not more than 4,000 square
feet of boiler heating surface or not more than 10 steam engine-
turbine horsepower.
(c) Third-class certified stationary engineer, who operates
boiler plants having an aggregate of not more than 7,500 square
feet of boiler heating surface or not more than 100 steam engine-
turbine horsepower.
(d) Second-class certified stationary engineer, who operates
boiler plants having an aggregate of not more than 20,000 square
feet of boiler heating surface or not more than 200 steam engine-
turbine horsepower.
(e) First-class certified stationary engineer, who operates
boiler plants having an aggregate of 20,000 square feet or more of
boiler heating surface or 200 steam engine-turbine horsepower or
more.
Sec. 13c. (1) Not later than 180 days after the effective date
of the amendatory act that added this section, the board shall
promulgate rules designating the course content for qualified
technical education programs for the various categories and classes
of registration of boiler operators and stationary engineers.
(2) The rules described in subsection (1) shall provide that
the course content of qualified technical education programs for
entry level registrants include at least all of the following
subject matter areas:
(a) Basic functions, construction, and operation of all types
of boilers.
(b) The function of boiler appliances, accessories, and
associated auxiliaries.
(c) Materials used in boilers and the effect of temperature
extremes on those materials.
(d) The fuels used in boilers and fundamentals of combustion.
(e) Basic electricity.
(f) Plant operation and boiler maintenance.
(g) Instrumentation and controls.
(h) Fundamental mathematics and principles of the metric
system.
(i) General safety procedures.
(j) Recognition of dangerous operation conditions.
(3) The board shall provide that the course content for
categories and classes other than entry level registrants includes
subject matter similar to those described in subsection (2) in the
degree of depth and difficulty appropriate for the category and
class.
Sec. 13d. (1) The director shall not issue a registration for
a title described in section 13a(2) unless the applicant meets the
requirements for the classification as prescribed in subsections
(2) to (6).
(2) An applicant for a low pressure certified boiler operator
registration shall have not less than 1 year of experience
operating or maintaining low or high pressure boilers, steam prime
movers, or associated auxiliaries.
(3) An applicant for a high pressure certified boiler operator
registration shall have 1 or more of the following:
(a) Not less than 2 years of experience in the operation of a
high pressure boiler.
(b) A low pressure certified boiler operator's registration
and not less than 1 year of experience in the operation of a low
pressure boiler.
(c) Not less than 1 year of either a qualified training
program, a qualified technical education program, or an approved
apprenticeship program.
(4) An applicant for a third-class certified stationary
engineer registration shall meet 1 or more of the following
requirements:
(a) Be registered as a high pressure certified boiler operator
and have not less than 1 year of experience in the operation of a
high pressure boiler.
(b) Be registered as a low pressure certified boiler operator,
have not less than 1 year of experience in the operation of a low
pressure boiler, and have not less than 1 year of maintenance
experience on high pressure boilers and associated auxiliaries.
(c) Be registered as a high pressure certified boiler operator
and have not less than 1 year of boiler maintenance experience or
not less than 1 year as an apprentice in an approved training
program in a high pressure boiler plant having an aggregate heating
surface of more than 4,000 square feet.
(d) Have not less than 3 years of experience in the operation
of boilers in a high pressure boiler plant having an aggregate
heating surface of more than 4,000 square feet.
(e) Have not less than 1 year of experience in the operation
of boilers in a high pressure boiler plant having an aggregate
heating surface of more than 4,000 square feet along with
sufficient experience operating steam prime movers in excess of 10
horsepower for a combined total of not less than 3 years of
experience.
(f) Have an associate degree in energy technology or a related
field as determined by the board with a power engineering option
from a 2-year college whose program is approved by the board and
employment or cooperative education experience of not less than 360
hours as a power engineer, boiler operator, or stationary engineer
in a steam electric generation plant or a high pressure steam
heating or process plant.
(5) An applicant for a second-class certified stationary
engineer registration shall meet 1 or more of the following
requirements:
(a) Be registered as a third-class certified stationary
engineer and have not less than 1 year of experience as a third-
class certified stationary engineer.
(b) Have a bachelor's degree in engineering, engineering
technology, heating/power technology, or energy technology from a
college or university whose program is approved by the board and
employment experience as an engineer in the engineering or research
division of a steam electric power generating plant for not less
than 1 year.
(c) Have not less than 4 years of experience in the operation
of boilers in a high pressure boiler plant having an aggregate
heating surface of more than 7,500 square feet.
(d) Have not less than 1 year of experience in the operation
of boilers in a high pressure boiler plant having an aggregate
heating surface of more than 7,500 square feet along with
sufficient experience operating steam prime movers in excess of 100
horsepower for a combined total of not less than 4 years of
experience.
(e) Have not less than 1 year of experience in the operation
of boilers in a high pressure boiler plant having an aggregate
heating surface of more than 7,500 square feet along with
sufficient experience operating boilers in a high pressure boiler
plant having an aggregate heating surface of more than 4,000 square
feet for a combined total of not less than 4 years of experience.
(6) An applicant for a first-class certified stationary
engineer registration shall meet 1 or more of the following
requirements:
(a) Be registered as a second-class certified stationary
engineer and have not less than 2 years of experience as a second-
class stationary engineer.
(b) Have not less than 6 years of experience in the operation
of boilers in a high pressure boiler plant having an aggregate
heating surface of more than 20,000 square feet.
(c) Have not less than 2 years of experience in the operation
of boilers in a high pressure boiler plant having an aggregate
heating surface of more than 20,000 square feet along with
sufficient experience operating steam prime movers in excess of 200
horsepower for a combined total of not less than 6 years of
experience.
(d) Have not less than 2 years of experience in the operation
of boilers in a high pressure boiler plant having an aggregate
heating surface of more than 20,000 square feet along with
sufficient experience in the operation of boilers in a high
pressure boiler plant having an aggregate heating surface of more
than 7,500 square feet of heating surface for a combined total of
not less than 6 years of experience.
(e) Complete a 4-year approved apprenticeship program or a 4-
year qualified training program.
(f) Complete a 4-year program with a bachelor's degree from a
college or university in engineering, engineering technology,
heating/power technology, or energy technology whose program is
approved by the board and which includes a hands-on power option
from a 2-year community college program or the equivalent, as
determined by the board, and not less than 1 year of employment,
internship, or cooperative education experience in a steam electric
generation plant or high pressure steam heating process plant.
Sec.
14. (1) An inspector's, repairer's, or installer's The
chief
inspector may suspend the license may
be suspended by the
chief
inspector for of an inspector, repairer, or installer or the
registration of a certified boiler operator or certified stationary
engineer due
to the incompetence of the holder
thereof or for
wilful
registrant or licensee or due to willful falsification of
any
a matter or statement
contained in his that
registrant's or
licensee's application or in a report of any inspection
made by
him
the registrant or licensee.
Written notice of the suspension
shall
be given by the chief inspector within not more than 10
days after the suspension to the
registrant or licensee, his the
registrant's or licensee's employer, and the board. A person whose
registration or license has been suspended may appeal to the board
as provided in section 22 and be present in person and be
represented by counsel at the hearing of the appeal.
(2) If the board has reason to believe that a registrant or
licensee is no longer qualified to hold his or her registration or
license, the board, upon not less than 10 days' written notice to
the registrant or licensee and his the
registrant's or licensee's
employer,
shall hold a an
administrative hearing at which the
registrant or licensee and his or her employer shall have an
opportunity to be heard. If, as a result of the hearing, the board
finds that the registrant or licensee is no longer qualified to
hold his or her registration or license, the board shall recommend
to
the commissioner director that the
registration or license be
revoked,
and the commissioner director shall thereupon
immediately revoke such the registration or license.
forthwith.
(3) A person whose registration or license has been suspended
may apply, after 90 days from the date of the suspension, for
reinstatement of the registration or license.
Sec.
24. (1) It shall be unlawful for any An individual, or
other person, firm, partnership, or corporation to shall not
operate
in this state a boiler without a valid inspection
certificate.
The operation of a boiler without such a valid
inspection
certificate , or at a pressure exceeding that
specified
in such the inspection certificate , is a misdemeanor
on
the part of the owner, user, or operator thereof and shall be
punishable
by a fine not exceeding $500.00, or imprisonment not
to
exceed for not more than 60 days, or
by a fine of not more than
$500.00, or both. Each day of the unlawful operation is a separate
offense.
(2) A person or business entity using a title described in
section 13a(2) without a registration issued under this act or
without an exemption from registration under this act is guilty of
a misdemeanor punishable by imprisonment for not more than 60 days,
a fine of not more than $500.00, or both.