TITLE economic-regulation

Part IV. Texas Department of Licensing and Regulation

Chapter 65. Boiler Division

16 TAC §§65.20, 65.60, 65.65, 65.80, 65.100

The Texas Department of Licensing and Regulation adopts amendments to §§65.20, 65.60, 65.65, 65.80, and 65.100, concerning the certification of boilers. These sections are adopted without changes to the proposed text as published in the December 5, 1997 issue of the Texas Register (22 TexReg 11907) and will not be republished.

The amendments to §65.20 clarify the intent of subsection (a) by defining the responsibility of inspection by insurance inspection agencies and the state.

The amendments to §65.60 provide a mandatory indoctrination for inservice boiler inspectors prior to issuance of a commission.

The amendment to §65.65 revises the previous division name to correspond with the existing division name.

The amendments to §65.80 provide for a change in power boiler inspection fees due to a change in the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code, Section I regarding a change from the usage of boiler heating surface to capacity in establishing the system design of a boiler.

The amendments in §65.100 provide for the use of remote water level indicators in lieu of a direct reading water gage glass on certain unfired steam boilers as shown in Exhibit 5A of the boiler rules, 16 Tex. Admin. Code §65 (1996).

The amendments will function by increasing program integrity. One comment was received which suggested rewording the amendment to §65.100(c)(4) for clarification; however, the department considers that the intent is clear with the current wording.

The amendments are adopted under the Texas Health and Safety Code Annotated §755 (Vernon 1997), which provides the Texas Department of Licensing and Regulation the authority to promulgate and enforce a code of rules in keeping with standard usage for the construction, inspection, installation, use, maintenance, repair, alteration, and operation of boilers.

The Code affected by the amendments is Texas Health & Safety Code Annotated §755 (Vernon 1997) .

§65.20.Licensing/certification/registration requirements.

(a)

Inspection of all boilers.

(1)

All boilers not exempted by the Texas Health and Safety Code, Annotated §755.022 shall be inspected in accordance with the Texas Health and Safety Code, Annotated §755.025 and/or §755.026, or with requirements specified under the applicable rules.

(2)

Boilers shall be inspected by the inspection agency where the boiler is insured. All uninsured boilers shall be inspected by the chief inspector or deputy inspector.

(b)-(i)

(No change.)

§65.60.Responsibilities of the department.

(a)

(No change.)

(b)

Commissions.

(1)

(No change.)

(2)

Authorized inspector.

(A)-(E)

(No change.)

(F)

When a request is for new issuance or reinstatement as described in §65.20(g)(2)(A)(i) and (ii) of this title (relating to licensing/certification/registration requirements), the inspector will attend a mandatory indoctrination period of one and one-half days prior to issuance of the commission.

(c)-(g)

(No change.)

§65.65. Boiler Board.

(a)

(No change.)

(b)

Recommendations of the board will be transmitted to the commissioner by the chairman of the board through the director of code review and inspections.

(c)-(d)

(No change.)

§65.80. Fees.

(a)

Certificate/inspection fees.

(1)

(No change.)

(2)

Inspection by deputy inspector. The owner or operator shall make payment of the appropriate fee as shown below.

(A)

The inspection fees for all boilers other than heating boilers shall be $110.

(B)

(No change.)

(3)

(No change.)

(b)-(f)

(No change.)

§65.100. Technical requirements.

(a)-(b)

(No change.)

(c)

Low-water fuel cutoffs and water feeding devices.

(1)-(3)

(No change.)

(4)

All newly installed automatically fired hot water heating boilers, when installed in a forced circulation system and not under continuous attendance, shall be equipped in the manner described in this subsection. A coil-type boiler or a water-tube boiler requiring forced circulation to prevent overheating of the coils or tubes shall have a device which is listed by a nationally recognized testing agency to prevent burner operation at a flow rate inadequate to protect the boiler unit against overheating.

(5)-(6)

(No change.)

(d)

(No change.)

(e)

Unfired steam boilers.

(1)-(2)

(No change.)

(3)

Requirements for water level indicators for unfired steam boilers as shown in Exhibit 5A are given in §65.100(h)(3)(D).

(f)-(g)

(No change.)

(h)

Power boilers.

(1)-(2)

(No change.)

(3)

Water level indicators.

(A)-(C)

(No change.)

(D)

Each steam drum of an unfired steam boiler, irrespective of pressure and temperature, as shown in Exhibit 5A shall be provided with one direct reading water level indicator (water gage glass) or two independent remote level indicators that are maintained in simultaneous operation while the boiler is in service.

(E)

In all installations where direct visual observations of the water gage glass(es) cannot be made, two remote level indicators shall be provided at operational level.

(F)

The gage cock connections shall not be less than 1/2 inch pipe size.

(G)

No outlet connections, except for damper regulator, feedwater regulator, drains, steam gages, or apparatus of such form as does not permit the escape of an appreciable amount of steam or water therefrom, shall be placed on the pipes connecting a water column or gage glass to a boiler.

(H)

The water column shall be fitted with a drain cock or drain valve of at least 3/4 inch pipe size. The water column blowdown pipe shall not be less than 3/4 inch pipe size and shall be piped to a safe point of discharge.

(I)

Connections from the boiler to remote level indicators shall be at least 3/4 inch pipe size to, and including the isolation valve and at least 1/2 inch OD tubing from the isolation valve to the remote level indicator. These connections shall be completely independent of other connections for any function other than water level indication.

(4)-(6)

(No change.)

(i)-(l)

(No change.)

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 3, 1998.

TRD-9801503

Tommy Smith

Executive Director

Texas Department of Licensing and Regulation

Effective date: March 1, 1998

Proposal publication date: December 5, 1997

For further information, please call: (512) 463-7348