ARC 6135C

ARC 6135C

LABOR SERVICES DIVISION[875]

Adopted and Filed

Rule making related to boiler and pressure vessel codes

The Boiler and Pressure Vessel Board hereby amends Chapter 90, "Administration of the Boiler and Pressure Vessel Program," and Chapter 91, "General Requirements for All Objects," 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

These amendments adopt by reference the most recent versions of national consensus codes pertaining to boilers and pressure vessels. The adoption of new codes is due to significant changes regarding the design, manufacture, installation, and inspection requirements. Due to the quantity and wide range of the revisions, please contact the Division of Labor Services with any specific questions about the revisions.

Public Comment and Changes to Rule Making

Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 20, 2021, as ARC 5979C. No public comments were received.

The February 15, 2022, date, which appeared five times in the Notice, was changed to February 16, 2022, and references to "reinstallations" in subrules 91.1(3) through 91.1(7) and 91.1(9) through 91.1(11) were removed since the references were stricken in ARC 5977C, IAB 10/20/21.

Adoption of Rule Making

This rule making was adopted by the Board on December 16, 2021.

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 February 16, 2022.

The following rule-making actions are adopted:

Item 1. Amend subrule 90.6(1) as follows:

90.6(1) General. All boilers and unfired steam pressure vessels covered by Iowa Code chapter 89 shall be inspected according to the requirements of the National Board Inspection Code (2019)(2021), which is hereby adopted by reference. A division inspector or special inspector must perform the inspections.

Item 2. Amend subrule 91.1(1) as follows:

91.1(1) ASME boiler and pressure vessel codes adopted by reference. The ASME Boiler and Pressure Vessel Code (2019)(2021) is adopted by reference. Regulated objects shall be designed and constructed in accordance with the ASME Boiler and Pressure Vessel Code (2019)(2021) except for objects that meet one of the following criteria:

a. to d. No change.

Item 3. Amend subrules 91.1(3) to 91.1(5) as follows:

91.1(3) Inspection code adopted by reference. The National Board Inspection Code (2019)(2021) is adopted by reference, and installations, alterations, and repairs after April 15, 2020 February 16, 2022, shall comply with it.

91.1(4) Electric code adopted by reference. The National Electrical Code, NFPA 70 (2020), is adopted by reference, and installations after April 15, 2020, shall comply with it.

91.1(5) Piping codes adopted by reference. The Power Piping Code, ASME B31.1 (2018)(2020), and the Building Services Piping Code, ASME B31.9 (2017)(2020), are adopted by reference, and installations after April 15, 2020 February 16, 2022, shall comply with them up to and including the first valve.

Item 4. Amend subrules 91.1(7) to 91.1(9) as follows:

91.1(7) Mechanical code adopted by reference. Excluding Section 701.1, Chapters 2 and 7 of the International Mechanical Code (IMC) (2018)(2021) are adopted by reference, and installations after September 1, 2018 February 16, 2022, shall comply with them.

91.1(8) Oil burning equipment code adopted by reference. National Fire Protection Association Standard for the Installation of Oil Burning Equipment, NFPA 31 (2016)(2020), is adopted by reference, and installations after September 1, 2018 February 16, 2022, shall comply with it.

91.1(9) Fuel gas code adopted by reference. National Fire Protection Association National Fuel Gas Code, NFPA 54 (2018)(2021), is adopted by reference, and installations after September 1, 2018 February 16, 2022, shall comply with it.

[Filed 12/17/21, effective 2/16/22]

[Published 1/12/22]

Editor's Note: For replacement pages for IAC, see IAC Supplement 1/12/22.