ARC 3635C

ARC 3635C

LABOR SERVICES DIVISION[875]

Adopted and Filed

Rule making related to boilers and pressure vessels

The Boiler and Pressure Vessel Board hereby amends Chapter 81, "Waivers or Variances from Administrative Rules by the Boiler and Pressure Vessel Board," Chapter 82, "Boiler and Pressure Vessel Board Petitions for Rule Making," Chapter 83, "Declaratory Orders by the Boiler and Pressure Vessel Board," Chapter 84, "Contested Cases Before the Boiler and Pressure Vessel Board," Chapter 85, "Public Records and Fair Information Practices of the Boiler and Pressure Vessel Board," Chapter 90, "Administration of the Boiler and Pressure Vessel Program," Chapter 91, "General Requirements for All Objects," and Chapter 93, "Miniature Power Boilers Installed Prior to September 20, 2006," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is adopted under the authority provided in Iowa Code section 89.14.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code chapter 89.

Purpose and Summary

Pursuant to Iowa Code subsection 89.14(7), the Boiler and Pressure Vessel Board is required to review all administrative rules adopted by the Board every three years. The amendments in this rule making are a result of that review. Several of the amendments update contact information. The amendment in Item 9 more clearly sets forth the applicable code for miniature power boilers installed prior to September 20, 2006.

The purposes of these amendments are to update obsolete provisions, make the rules more clear, protect the safety of the public, and implement legislative intent.

Public Comment and Changes to Rule Making

Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 20, 2017, as ARC 3504C. One comment was received that was supportive of the proposed amendments. No changes from the Notice have been made.

Adoption of Rule Making

This rule making was adopted by the Boiler and Pressure Vessel Board on January 25, 2018.

Fiscal Impact

This rule making has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rule making, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 875—Chapter 81.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

Effective Date

This rule making will become effective on March 21, 2018.

The following rule-making actions are adopted:

Item 1. Amend rule 875—81.5(17A,89), introductory paragraph, as follows:

875—81.5(17A,89) Content of petition. The required form for a petition for waiver or variance is available on the board's Web site website at http://www.iowaworkforce.org/labor/boilerboard.htm iowaboilers.gov. A petition for waiver shall include the following information where applicable and known to the petitioner:

Item 2. Amend rule 875—82.1(17A,89), introductory paragraph, as follows:

875—82.1(17A,89) Petitions for rule making. Any person or agency may file a petition for rule making with the board requesting the adoption, amendment or repeal of a rule. The required form for a petition for rule making is available on the board's Web site website at http://www.iowaworkforce.org/labor/boilerboard.htm iowaboilers.gov. The petition shall be filed at the location specified in rule 875—80.5(89). A petition is deemed filed when it is received by the board office. The board office shall provide the petitioner with a file-stamped copy of the petition if the petitioner provides the board an extra copy for this purpose. The petition must be in writing and provide the following information where applicable and known to the petitioner:

Item 3. Amend subrule 83.1(1), introductory paragraph, as follows:

83.1(1) The required form for a petition for declaratory order is available on the board's Web site website at http://www.iowaworkforce.org/labor/boilerboard.htm iowaboilers.gov. The petition must be in writing and provide the following information where applicable and known to the petitioner:

Item 4. Amend subrule 84.1(1), introductory paragraph, as follows:

84.1(1) A petition for reconsideration shall be in writing and must be signed by the requesting party or a representative of that party. The required form for a petition for reconsideration is available on the board's Web site website at http://www.iowaworkforce.org/labor/boilerboard.htm iowaboilers.gov. A petition for reconsideration shall specify:

Item 5. Amend subrule 85.3(1) as follows:

85.3(1) Location of record Address. A request for access to a record should be directed to the board at the The board's mailing address is Boiler and Pressure Vessel Board, Department of Workforce Development, Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa 50319. The board's staff is located at 150 Des Moines Street, Des Moines, Iowa.

Item 6. Amend paragraph 90.15(1)"a," introductory paragraph, as follows:

a. The owner shall provide to the labor commissioner written notice of intent to convert a power boiler to a low-pressure boiler prior to conversion. The required form for a notice of conversion is available at http://www.iowaworkforce.org/labor/boiler_inspection_.htm iowaboilers.gov. At a minimum the notice shall contain the following:

Item 7. Rescind and reserve subrule 91.1(2).

Item 8. Amend paragraph 91.13(3)"b" as follows:

b. Existing objects. An adequate supply of combustion air shall be maintained for all objects while in operation. Compliance with the current edition of NFPA 31, NFPA 54, NFPA 58, NFPA 85, or IMC as adopted at rule 875—91.1(89) or with subrule 91.13(4) constitutes compliance with this rule. Compliance with an earlier edition of NFPA 31, NFPA 54, NFPA 58, NFPA 85, or IMC constitutes compliance with this rule. However, compliance with one of the listed NFPA codes constitutes compliance with this rule only if the object burns the fuel covered by the NFPA. Compliance with an earlier version of Iowa's combustion air rule constitutes compliance with this rule. Earlier versions of Iowa's combustion air rule are available for reference at http://www.iowaworkforce.org/labor/boiler_inspection_.htm from the board's staff upon request.

Item 9. Amend rule 875—93.2(89) as follows:

875—93.2(89) Codes Code adopted by reference. The codes listed in 875—Chapter 91 current edition of the National Board Inspection Code adopted by reference in rule 875—91.1(89) shall apply to objects covered by this chapter.

[Filed 1/26/18, effective 3/21/18]

[Published 2/14/18]

Editor's Note: For replacement pages for IAC, see IAC Supplement 2/14/18.