HF 2855

as introduced - 86th Legislature (2009 - 2010) Posted on 02/10/2010 03:20pm

A bill for an act
relating to labor and industry; modifying boiler provisions; amending and
imposing civil and criminal penalties; amending Minnesota Statutes 2008,
sections 326B.94, as amended; 326B.954; 326B.956; 326B.958; 326B.96;
326B.961, as added if enacted; 326B.964; 326B.966; 326B.97; 326B.98;
326B.986, subdivision 10; 326B.99; 326B.994, subdivision 3; 326B.998;
Minnesota Statutes 2009 Supplement, sections 326B.972; 326B.986, subdivision
8; 326B.988; proposing coding for new law in Minnesota Statutes, chapter 326B;
repealing Minnesota Statutes 2008, sections 326B.952; 326B.962; 326B.968;
326B.982; 326B.996; Minnesota Statutes 2009 Supplement, section 326B.986,
subdivision 2; Minnesota Rules, parts 5225.1400; 5225.3100; 5225.3150;
5225.3200.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 326B.94, as amended by Laws 2009,
chapter 78, article 5, section 26, is amended to read:

326B.94 BOATS; MASTERS.

Subdivision 1.

Boat.

"Boat" means any vessel navigating inland waters of the state
that is propelled by machinery or sails deleted text begin , deleted text end new text begin and new text end is carrying new text begin more than six new text end passengers for hire deleted text begin ,
and is 21 feet or more in length deleted text end .

Subd. 2.

Number of passengers.

The department shall designate the number of
passengers that each boat may safely carry, and no such boat shall carry a greater number
than is allowed by the inspector's certificate.

Subd. 3.

Annual permit.

The commissioner shall issue an annual permit to a
boat for the purpose of carrying passengers for hire on the inland waters of the state
provided the boat satisfies the inspection requirements of this section. A boat subject
to inspection under this chapter shall be registered with the department and shall be
inspected before a permit may be issued. No person shall operate a boat or cause a boat to
be operated for the purpose of carrying passengers for hire on the inland waters of the
state without a valid annual permit issued under this section. new text begin Boats operating with a
current inspection certificate issued by the United States Coast Guard are exempt from
the inspection requirements of this section.
new text end

Subd. 4.

Examinations, licensing.

The commissioner shall develop and administer
an examination for all masters of boats carrying passengers for hire on the inland waters
of the state deleted text begin as to their qualifications and fitness deleted text end . If found qualified and competent to
perform their duties as a master of a boat carrying passengers for hire, they shall be issued
a license authorizing them to act as such on the inland waters of the state. All initial
master's licenses shall be for two years. The commissioner shall in a manner determined
by the commissioner, without the need for any rulemaking under chapter 14, phase in the
renewal of master's licenses from one year to two years. By June 30, 2011, all renewed
master's licenses shall be two-year licenses. Fees for the original issue and renewal of the
license authorized under this section shall be pursuant to section 326B.986, subdivision 2.

Subd. 5.

Rules.

(a) The department shall prescribe rules for the inspection of the
hulls, machinery, boilers, steam connections, firefighting apparatus, lifesaving appliances,
and lifesaving equipment of all power boats navigating the inland waters of the state,
which shall conform to the requirements and specifications of the United States Coast
Guard in similar cases as provided in Code of Federal Regulations, deleted text begin title deleted text end new text begin titles 33 and new text end 46,
new text begin and COMDTINST M16672.2D, new text end as applicable new text begin to new text end inland waters; these rules shall have
the force of law.

(b) deleted text begin The commissioner shall make such rules for inspection and operation of boats
subject to inspection under this chapter, the licensing of masters, and the navigation of any
such boat as will require its operation without danger to life or property. deleted text end new text begin For purposes of
this subdivision, the term "COMDTINST M16672.2D" means United States Department
of Homeland Security, United States Coast Guard, Navigation Rules: International-Inland,
as forwarded by Commandant Instruction M16672.2D, dated March 25, 1999, with any
corrections or revisions.
new text end

Subd. 6.

Drugs, alcohol.

No master shall be under the influence of illegal drugs
or alcohol when on duty.

Sec. 2.

new text begin [326B.95] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The definitions in this section apply to sections 326B.93
to 326B.998.
new text end

new text begin Subd. 2. new text end

new text begin Authorized inspector. new text end

new text begin "Authorized inspector" means a national board
commissioned inspector who has been examined and found qualified to inspect the
construction and repair of boilers and pressure vessels, and holds a current certificate
of competency.
new text end

new text begin Subd. 3. new text end

new text begin Certificate of competency. new text end

new text begin "Certificate of competency" means a certificate
issued by the department to allow national board commissioned inspectors to perform
boiler and pressure vessel inspections within the state.
new text end

new text begin Subd. 4. new text end

new text begin Certificate of inspection. new text end

new text begin "Certificate of inspection" means a sticker
attached to the boiler or pressure vessel which documents the month and year of the
inspection and the employer of the inspector performing the inspection.
new text end

new text begin Subd. 5. new text end

new text begin Certificate of registration. new text end

new text begin "Certificate of registration" means a document
that has been made available on the department's Web site that lists all registered boilers
and pressure vessels at a location, including the last inspection date, the certificate
expiration date, and the maximum allowable working pressure for each boiler or pressure
vessel.
new text end

new text begin Subd. 6. new text end

new text begin High pressure boiler. new text end

new text begin "High pressure boiler" means a boiler operating at
a steam or other vapor pressure in excess of 15 psig, or a water or other liquid boiler in
which the pressure exceeds 160 psig or the temperature exceeds 250 degrees Fahrenheit.
new text end

new text begin Subd. 7. new text end

new text begin Inspection due date. new text end

new text begin "Inspection due date" means the last possible date
that the inspection can be completed within the time limits in this chapter.
new text end

new text begin Subd. 8. new text end

new text begin Insurance company boiler inspector. new text end

new text begin "Insurance company boiler
inspector" means a national board commissioned inspector who holds a current certificate
of competency.
new text end

new text begin Subd. 9. new text end

new text begin Low-pressure boiler. new text end

new text begin "Low-pressure boiler" means a boiler operating at
a steam or other vapor pressure of 15 psig or less, or a water or other liquid boiler in
which the pressure does not exceed 160 psig and the temperature does not exceed 250
degrees Fahrenheit.
new text end

new text begin Subd. 10. new text end

new text begin National board. new text end

new text begin "National board" means the National Board of Boiler
and Pressure Vessel Inspectors, which is an organization comprised of chief inspectors
for the states, cities, and territories of the United States and provinces and territories
of Canada.
new text end

new text begin Subd. 11. new text end

new text begin National board commissioned inspector. new text end

new text begin "National board commissioned
inspector" means an individual who has been examined and found qualified to inspect
in-service boilers and pressure vessels by the national board, and who holds a current
commission issued by the national board.
new text end

new text begin Subd. 12. new text end

new text begin National Board Inspection Code. new text end

new text begin "National Board Inspection Code" or
"NBIC" means a three-part technical document that is written and published by the national
board detailing the installation, inspection and repair of boilers and pressure vessels.
new text end

new text begin Subd. 13. new text end

new text begin Operation. new text end

new text begin "Operation" means the on-site act of manipulating,
monitoring, and testing of boilers and their appurtenances by a properly licensed engineer
or an apprentice under the direct supervision of the properly licensed engineer.
new text end

new text begin Subd. 14. new text end

new text begin Psig. new text end

new text begin "Psig" means pounds per square inch gauge.
new text end

new text begin Subd. 15. new text end

new text begin Remote monitoring. new text end

new text begin "Remote monitoring" means the act of viewing or
overseeing the boiler or boiler plant operating parameters and conditions from a remote
location.
new text end

new text begin Subd. 16. new text end

new text begin Repair. new text end

new text begin "Repair" means the work necessary to restore a boiler or
pressure vessel to a safe and satisfactory operating condition, as defined in National Board
Inspection Code, part 3, section 9.
new text end

new text begin Subd. 17. new text end

new text begin State boiler inspector. new text end

new text begin "State boiler inspector" means a national board
commissioned boiler inspector who holds a current certificate of competency and a current
chief grade A boiler operator's license.
new text end

Sec. 3.

Minnesota Statutes 2008, section 326B.954, is amended to read:

326B.954 BOILER INSPECTOR LICENSE.

Each boiler inspector new text begin employed by the department new text end shall be licensed in this state as a
chief grade A engineer, and must hold a national board commission as a boiler inspector
within 12 months of being employed as a boiler inspector by the department. An inspector
shall not be interested in the manufacture or sale of boilers or steam machinery or in any
deleted text begin patented deleted text end article required or deleted text begin generally deleted text end used in the construction of engines deleted text begin or deleted text end new text begin , new text end boilers new text begin , or
pressure vessels, new text end or their appurtenances.

Sec. 4.

Minnesota Statutes 2008, section 326B.956, is amended to read:

326B.956 deleted text begin STEAM FARM TRACTION ENGINES; SHOW BOILERS AND
ENGINES deleted text end new text begin HISTORICAL BOILERS new text end .

Subdivision 1.

Definition.

For the purpose of sections deleted text begin 326B.952 deleted text end new text begin 326B.93 new text end to
326B.998, the deleted text begin terms "show boiler" and "hobby boiler" are synonymous and mean deleted text end new text begin term
"historical boiler" means new text end a boiler that is used only for display and demonstration purposes.
new text begin The terms "historical boiler," "show boiler," "steam farm traction engine," and "hobby
boiler" are synonymous. new text end In recognition of the historical significance of show boilers in
maintaining a working reminder of Minnesota's agricultural, transportation, and lumber
industries, show boilers and engines are considered to be historical artifacts.

Subd. 2.

Inspection.

deleted text begin When used for display and demonstration purposes, steam
farm traction engines, portable and stationary show engines and portable and stationary
show boilers deleted text end new text begin (a) Historical boilers new text end shall be inspected every two years deleted text begin according to law deleted text end . new text begin
All historical boilers shall be inspected by ultrasonic examination and hydrostatic testing,
alternating the type of inspection every two years. Any historical boiler not previously
inspected in Minnesota shall be subject to both ultrasonic examination and hydrostatic
testing prior to operation unless the historical boiler has a current operating certificate
under paragraph (d).
new text end

new text begin (b) Except as provided in paragraph (d), historical boilers must display a certificate
of inspection issued by the department before use.
new text end

deleted text begin (a) Show boilers or engines not certified in Minnesota shall be inspected thoroughly
by a boiler inspector certified to inspect boilers in Minnesota, using inspection standards
in paragraph (b), before being certified for use in Minnesota.
deleted text end

deleted text begin (b) deleted text end new text begin (c) new text end Standards for inspection of deleted text begin show deleted text end new text begin historical new text end boilers shall be those established
by the National Board Inspection Code ANSI/NB23 and by the rules adopted by the
department and as follows:

(1) the boiler deleted text begin shall deleted text end new text begin may new text end be subjected to deleted text begin the appropriate method deleted text end new text begin other methods new text end of
nondestructive examination, at the owner's expense, as deemed necessary by the boiler
inspector to determine soundness and safety of the boiler;

(2) deleted text begin the boiler shall be tested by ultrasonic examination for metal thickness (for
purposes of calculating the maximum allowable working pressure the thinnest reading
shall be used and a safety factor of six shall be used in calculating maximum allowable
working pressure on all non-ASME-code hobby and show boilers); deleted text end new text begin if a historical boiler
has any longitudinal cracks in riveted longitudinal seams, the vessel shall be sealed and
not approved for use in Minnesota. If the historical boiler is jacketed, the jacket must be
removed prior to inspection; new text end and

(3) repairs and alterations made to deleted text begin show deleted text end new text begin historical new text end boilers must be made pursuant to
deleted text begin section 326B.966. deleted text end new text begin the National Board Inspection Code ANSI/NB34. new text end

deleted text begin (c) Further each such object shall successfully complete an inspection of:
deleted text end

deleted text begin (1) the fusible plug;
deleted text end

deleted text begin (2) the safety valve, which must be of ASME approved design and set at the
maximum allowable working pressure and sealed in an appropriate manner not allowing
tampering with the valve setting without destroying the seal; and
deleted text end

deleted text begin (3) the boiler power piping.
deleted text end

deleted text begin Any longitudinal cracks found in riveted longitudinal seams requires that the vessel
be sealed and not approved for use in Minnesota. If the boiler or show engine is jacketed,
the jacket must be removed prior to inspection.
deleted text end

new text begin (d) If a historical boiler has not been inspected in Minnesota and has a current
operating certificate issued by another state or Canadian province, then that historical
boiler can be operated in Minnesota without inspection in Minnesota as long as:
new text end

new text begin (1) the chief boiler inspector has determined that the requirements for certification
in the other state or Canadian province are equal to or greater than the requirements for
certification in Minnesota;
new text end

new text begin (2) the historical boiler displays the certificate from the other state or Canadian
province; and
new text end

new text begin (3) the historical boiler is not operated in Minnesota for more than two years without
inspection in Minnesota.
new text end

Subd. 3.

Inspection fees.

The fee for inspecting deleted text begin traction engines, show boilers, and
show engines deleted text end new text begin historical boilers new text end shall be the hourly rate pursuant to section 326B.986,
subdivision 4.

Subd. 4.

Licenses.

new text begin When a historical boiler is in operation at any location that is
open to the public, an individual licensed under this subdivision or exempt from licensure
under this subdivision must be in attendance at the boiler at all times. new text end A license to operate
deleted text begin steam farm traction engines, portable and stationary show engines, and portable and
stationary show deleted text end new text begin historical new text end boilers shall be issued to an applicant who:

(1) is 16 years of age or older;

(2) has deleted text begin a licensed second class grade A or higher class engineer or steam traction
(hobby) engineer sign deleted text end new text begin provided to the commissioner new text end an affidavit attesting to the applicant's
competence in operating deleted text begin these devices deleted text end new text begin historical boilers new text end and new text begin attesting new text end that the applicant
has demonstrated the ability to perform each task on deleted text begin the deleted text end new text begin a new text end list, new text begin developed and new text end approved by
the chief boiler inspector, of tasks associated with the operation of deleted text begin the devices; deleted text end new text begin historical
boilers. The affidavit shall be signed by a licensed historical boiler engineer or an engineer
licensed as second class grade A or higher;
new text end

(3) has at least 50 hours of operating experience on the devices, eight hours of which
must be operating the boiler under load, and up to 16 hours of which may be satisfied by
attendance at a school of instruction in operating the devices;

(4) passes a written test for competence in operating the devices; and

(5) pays the required fee.

A license is valid for the lifetime of the licensee unless revoked for cause. A onetime fee
pursuant to section 326B.986, subdivision 5, shall be charged for the license.

Subd. 5.

deleted text begin Exemption. deleted text end new text begin Exemptions. new text end

new text begin (a) new text end Any licensed steam engineer may operate
deleted text begin steam farm traction engines, portable and stationary show engines and portable and
stationary show deleted text end new text begin historical new text end boilers, subject to the deleted text begin apparatus deleted text end new text begin equipment new text end and horsepower
deleted text begin restrictions deleted text end new text begin limitations new text end set forth in deleted text begin the license deleted text end new text begin section 326B.978 new text end , without obtaining a
license under subdivision 4.

new text begin (b) Any individual who holds a current historical boiler operator license issued by
another state or Canadian province may operate historical boilers in Minnesota if the
chief boiler inspector has determined that the requirements under which the individual
obtained licensure in the other state or Canadian province are equal to or greater than the
requirements for an applicant making application in Minnesota for a historical boiler
license.
new text end

deleted text begin Subd. 6. deleted text end

deleted text begin Licensed operator; presence required. deleted text end

deleted text begin An operator licensed under this
section must be present when a traction engine, portable or stationary show engine, or
portable or stationary show boiler is in operation and a member of the public is present.
deleted text end

Sec. 5.

Minnesota Statutes 2008, section 326B.958, is amended to read:

326B.958 INSPECTION AND REGISTRATION.

Subdivision 1.

Inspection.

new text begin (a) new text end Every owner, lessee, or other person having charge
of boilers or pressure vessels subject to inspection under sections 326B.956 to 326B.998
shall cause them to be inspected by the department deleted text begin . Except as provided in sections
326B.956 and 326B.96, boilers subject to inspection under sections 326B.956 to 326B.998
must be inspected at least annually and pressure vessels inspected at least every two
years. The commissioner shall assess a $250 penalty per applicable boiler or pressure
vessel for failure to have the inspection required by this section and may seal the boiler
or pressure vessel for refusal to allow an inspection as required by this section. deleted text end new text begin unless
specifically excepted by section 326B.988 or 326B.99. Inspectors shall subject all boilers
to a thorough internal and external examination according to the standards in sections
326B.964 and 326B.966.
new text end

new text begin (b) Anyone who installs a boiler must ensure that the boiler is inspected by the
department after installation is complete and before the boiler is placed in operation.
Inspection fees pursuant to section 326B.986, associated with this initial inspection are
the responsibility of the installer.
new text end

new text begin (c) The owner of a boiler must ensure that the boiler is inspected at least annually
after the initial inspection, except as provided in sections 326B.956 and 326B.96.
new text end

new text begin (d) The owner of a pressure vessel not specifically excepted by section 326B.988
must ensure that the pressure vessel is inspected at least every two years.
new text end

new text begin (e) The fees under section 326B.986 for inspections conducted by the department
under paragraphs (c) and (d) shall be the responsibility of the owner of the boiler or
pressure vessel.
new text end

new text begin Subd. 1a. new text end

new text begin Certificate of inspection. new text end

new text begin After inspecting the boiler or pressure vessel,
the boiler inspector shall document the condition of the boiler or pressure vessel. If the
boiler or pressure vessel meets the inspection requirements in sections 326B.964 and
326B.966, the inspector shall attach a label or sticker to the boiler or pressure vessel
indicating the month and year inspected and the name of the inspection agency. This label
is the inspection certificate and shall indicate that the inspected boiler or pressure vessel is
found to be safe and suitable for use. The boiler inspector shall directly attach a tag to a
newly installed boiler that displays a unique identification number.
new text end

new text begin Subd. 1b. new text end

new text begin Defects in boilers or pressure vessels. new text end

new text begin If, upon inspecting a boiler or
pressure vessel, the boiler inspector determines that the boiler or pressure vessel does not
meet the requirements in sections 326B.964 and 326B.966, the inspector shall notify the
owner or operator in writing of any defect in the boiler or pressure vessel. The boiler or
pressure vessel shall not be operated until all defects are corrected and the correction is
verified by reinspection of the boiler or pressure vessel. If the boiler inspector finds that a
boiler is being operated by an unlicensed or improperly licensed person, operation of the
boiler shall cease until all operators are properly licensed according to section 326B.978.
If circumstances warrant continued operation, the boiler inspector may, at the discretion
of the boiler inspector, give approval for continuing operation of the boiler for a specific
period of time, not to exceed 30 days.
new text end

Subd. 2.

Registration.

Every owner, lessee, or other person having charge of
deleted text begin boilers deleted text end new text begin a boiler new text end or pressure deleted text begin vessels deleted text end new text begin vessel new text end subject to inspection under sections deleted text begin 326B.952 deleted text end
new text begin 326B.93 new text end to 326B.998, except deleted text begin hobby deleted text end new text begin historical new text end boilers under section 326B.956, shall
register deleted text begin said objects deleted text end new text begin the boiler or pressure vessel new text end with the department new text begin at the time of the
initial inspection described in subdivision 1 new text end . The registration shall be renewed annually
deleted text begin and is applicable to each object separately. The fee for registration of a boiler or pressure
vessel shall be pursuant to section 326B.986, subdivision 9. The department may issue
a billing statement for each boiler and pressure vessel on record with the division, and
may determine a monthly schedule of billings to be followed for owners, lessees, or other
persons having charge of a boiler or pressure vessel subject to inspection under sections
326B.952 to 326B.998. deleted text end new text begin for each boiler or pressure vessel on record with the department.
new text end

Subd. 3.

Certificate of registration.

The department shall issue deleted text begin a deleted text end new text begin an electronic new text end
certificate of registration that lists the registered boilers and pressure vessels at the
location, expiration date of the certificate of registration, last inspection date of each
registered boiler and pressure vessel, and maximum allowable working pressure for
each registered boiler and pressure vessel. deleted text begin The commissioner may make an electronic
certificate of registration deleted text end new text begin This certificate shall be new text end available to be printed by the owner,
lessee, or other person having charge of the registered boiler or pressure vessel.

Sec. 6.

Minnesota Statutes 2008, section 326B.96, is amended to read:

326B.96 deleted text begin INSPECTION. deleted text end new text begin HIGH CAPACITY BOILERS.
new text end

Subdivision 1.

deleted text begin Inspection requirements. deleted text end new text begin Biennial internal inspection. new text end

deleted text begin All boilers
and steam generators must be inspected by the department before they are used and all
boilers must be inspected at least once each year thereafter except as provided under
subdivision 2 or section 326B.956. Inspectors may subject all boilers to hydrostatic
pressure or hammer test, and shall ascertain by a thorough internal and external
examination that they are well made and of good and suitable material; that the openings
for the passage of water and steam, respectively, and all pipes and tubes exposed to heat,
are of proper dimensions and free from obstructions; that the flues are circular in form;
that the arrangements for delivering the feed water are such that the boilers cannot be
injured thereby; and that such boilers and their connections may be safely used without
danger to life or property. Inspectors shall ascertain that the safety valves are of suitable
dimensions, sufficient in number, and properly arranged, and that the safety valves are
so adjusted as to allow no greater pressure in the boilers than the amount prescribed
by the inspector's certificate; that there is a sufficient number of gauge cocks, properly
inserted, to indicate the amount of water, and suitable gauges that will correctly record the
pressure; and that the fusible metals are properly inserted where required so as to fuse
by the heat of the furnace whenever the water in the boiler falls below its prescribed
limit; and that provisions are made for an ample supply of water to feed the boilers at all
times; and that means for blowing out are provided, so as to thoroughly remove the mud
and sediment from all parts when under pressure. deleted text end new text begin In lieu of the required annual internal
inspection of high pressure steam boilers required in section 326B.958, a boiler with a
steaming capacity of 50,000 pounds per hour or greater may qualify for biennial internal
inspection frequency if the chief boiler inspector has approved a water treatment program
for the boiler. The boiler must still be externally inspected at least every 12 months by
an inspector holding a current Minnesota certificate of competency. At the time of the
external inspection, the inspector must review the water treatment program and test
results from the previous year. If the inspector determines substantial deficiencies exist in
equipment or in boiler water treatment operating procedures, the boiler must be inspected
internally at least once every 12 months until the chief boiler inspector finds that the
substantial deficiencies have been corrected.
new text end

Subd. 2.

deleted text begin Qualifying boiler. deleted text end new text begin Water treatment program. new text end

deleted text begin (a) "Qualifying boiler"
means a boiler of 200,000 pounds per hour or more capacity which has an internal
continuous water treatment program approved by the department and which the
commissioner has determined to be in compliance with paragraph (c) deleted text end . new text begin (a) To qualify for
the biennial internal inspection described in subdivision 1, the water treatment program
must be submitted to the chief boiler inspector to initiate the biennial inspection cycle.
The chief boiler inspector shall approve the program if:
new text end

new text begin (1) a complete internal inspection has been performed on the boiler within 60 days
before the submission of the water treatment program to the chief boiler inspector. The
inspection results must meet the minimum requirements for internal boiler conditions as
established in Section I of the ASME International Boiler and Pressure Vessel Code; and
new text end

new text begin (2) the program submitted provides limits or ranges established by the boiler
manufacturer and the water treatment program representative for:
new text end

new text begin (i) pH;
new text end

new text begin (ii) neutralized or unneutralized conductivity;
new text end

new text begin (iii) oxygen scavenger;
new text end

new text begin (iv) hydroxyl alkalinity; and
new text end

new text begin (v) scale inhibitor.
new text end

deleted text begin (b) A qualifying boiler must be inspected at least once every 24 months internally
and externally while not under pressure and at least once every 18 months externally
while under pressure. If the inspector considers it necessary to conduct a hydrostatic test
to determine the safety of a boiler, the test must be conducted under the direction of the
owner, contractor, or user of the equipment under the supervision of an inspector. deleted text end new text begin (b) To
continue to qualify for the biennial inspection cycle, the following must occur:
new text end

new text begin (1) the owner, lessee, or other person having charge of a high capacity boiler must
keep accurate records reflecting:
new text end

new text begin (i) test results for samples of boiler water that must be taken at regular intervals,
not to exceed 12-hour operating intervals;
new text end

new text begin (ii) test results for dissolved oxygen levels in samples of boiler feedwater, which
must be taken at least once every 24 hours;
new text end

new text begin (iii) dates and actual times the boiler is out of service; and
new text end

new text begin (iv) all reasons why the boiler was taken out of service;
new text end

new text begin (2) the water treatment program representative must also test the boiler water every
90 days for the items identified in paragraph (a), clause (2), and document the results
in the boiler's records, to ensure operators are accurately performing the required tests
and maintaining levels within the limits or ranges established or making corrections to
achieve those limits or ranges; and
new text end

new text begin (3) all tests performed and any corrections identified by the water treatment program
representative must be implemented and documented in the records.
new text end

deleted text begin (c) The owner of a qualifying boiler must keep accurate records showing the date
and actual time the boiler is out of service, the reason or reasons therefor, and the chemical
physical laboratory analysis of samples of the boiler water taken at regular intervals of
not more than 48 hours of operation which adequately show the condition of the water,
and any elements or characteristics of the water capable of producing corrosion or other
deterioration of the boiler or its parts. deleted text end new text begin (c) The chief boiler inspector will revoke approval
of the water treatment program and the requirements of section 326B.958 apply if:
new text end

new text begin (1) at the time of the scheduled annual external inspection required in subdivision 1,
the inspector determines the boiler does not comply with the requirements in paragraph
(b); or
new text end

new text begin (2) at the time of the next scheduled internal inspection, the inspector determines the
boiler does not meet the minimum requirements for internal boiler conditions established
in Section I of the ASME International Boiler and Pressure Vessel Code.
new text end

deleted text begin (d) If an inspector determines there are substantial deficiencies in equipment or
in boiler water treatment operating procedures, inspections of a qualifying boiler may
be required once every 12 months until the commissioner finds that the substantial
deficiencies have been corrected. deleted text end new text begin (d) Notwithstanding section 326B.93, subdivision 2, the
decision of the chief boiler inspector to deny approval under paragraph (a) or to revoke
approval under paragraph (c) shall be final and shall not be reviewed by any court or
agency. If approval of the water treatment program is revoked under paragraph (c), the
chief boiler inspector shall not approve a water treatment program for that boiler under
paragraph (a) until at least three years after the revocation.
new text end

Sec. 7.

Minnesota Statutes 2008, section 326B.961, as added by 2009 H.F. No. 927,
section 20, if enacted, is amended to read:

[326B.961] TRIENNIAL AUDITS AND TEAM LEADER CERTIFICATIONS.

Subdivision 1.

Triennial audits; assignment; qualifications.

The chief boiler
inspector shall assign a qualified ASME designee or team leader to perform triennial
audits on ASME Code and national board stamp holders at the request of the stamp holder.
The department shall maintain qualifications for ASME designees and national board team
leaders in accordance with ASME and national board requirements.

Subd. 2.

Fees.

The new text begin department's new text end fee for performing ASME and national board
triennial audits shall be the hourly rate pursuant to section 326B.986, subdivision 4.

Sec. 8.

Minnesota Statutes 2008, section 326B.964, is amended to read:

326B.964 STANDARDS OF INSPECTION.

The engineering standards of boilers and pressure vessels for use in this state shall
be deleted text begin that deleted text end new text begin those new text end established by new text begin Minnesota Rules, chapter 5225, and by new text end the current edition of
and deleted text begin amendments deleted text end new text begin addenda new text end to the ASME Code deleted text begin or deleted text end new text begin , new text end the National Board Inspection Code,
new text begin and the National Fire Protection Association's standard NFPA 85 (Boiler and Combustion
Systems Hazards Code), new text end as deleted text begin applicable, for deleted text end new text begin they apply to the new text end construction, operation and
care of, in-service inspection and testing, and controls and safety devices deleted text begin , and by the
rules adopted by the department deleted text end .

Sec. 9.

Minnesota Statutes 2008, section 326B.966, is amended to read:

326B.966 new text begin INSPECTION PROCEDURES AND new text end STANDARDS OF REPAIRS.

The deleted text begin rules deleted text end new text begin inspection procedures and requirements new text end for new text begin the new text end repair of boilers and
pressure vessels for use in this state shall be those established by the new text begin most current edition
of and addenda to the new text end National Board deleted text begin of Boiler and Pressure Vessel Inspectors inspection
code deleted text end new text begin Inspection Code new text end and the rules adopted by the department.

Sec. 10.

Minnesota Statutes 2008, section 326B.97, is amended to read:

326B.97 INSPECTION OF BOILERS AND PRESSURE VESSELS.

The owner deleted text begin or manager deleted text end new text begin , lessee, or other person having control new text end of a boiler or pressure
vessel shall allow inspectors full access deleted text begin thereto. deleted text end new text begin to the boiler or pressure vessel. new text end Every
engineer operating a boiler shall assist the inspector deleted text begin in deleted text end new text begin during new text end the examination, and deleted text begin point
out deleted text end new text begin indicate to the inspector new text end any known defects in the boilers, new text begin pressure vessels, new text end steam
engines, deleted text begin or deleted text end new text begin and new text end turbines deleted text begin in the engineer's charge deleted text end .

Sec. 11.

Minnesota Statutes 2009 Supplement, section 326B.972, is amended to read:

326B.972 LICENSE REQUIREMENT.

(a) To operate a boiler, steam engine, or new text begin steam new text end turbine an individual must have
received a license for the grade covering that boiler, steam engine, or new text begin steam new text end turbine.
Except for licenses described in section 326B.956 and except for provisional licenses
described in paragraphs (d) to (g):

(1) all initial licenses shall be for two years;

(2) the commissioner shall in a manner determined by the commissioner, without
the need for any rulemaking under chapter 14, phase in the renewal of licenses from
one year to two years; and

(3) by June 30, 2011, all licenses shall be two-year licenses.

(b) For purposes of sections deleted text begin 326B.952 deleted text end new text begin 326B.93 new text end to 326B.998, "operation" new text begin means
the act of manipulating and monitoring boilers or appurtenances for their intended
purpose and to ensure safety, except that operation new text end does not include new text begin remote new text end monitoring
of an automatic boiler deleted text begin , either through on premises inspection of the boiler or by remote
electronic surveillance, provided that no operations are deleted text end new text begin . When a boiler is monitored from
a remote location, the only function that may be new text end performed new text begin remotely new text end upon the boiler
deleted text begin other than deleted text end new text begin is an new text end emergency shut down in alarm situations.

(c) No individual under the influence of illegal drugs or alcohol may operate a boiler,
steam engine, or new text begin steam new text end turbine or monitor an automatic boiler.

(d) The commissioner may issue a provisional license to allow an employee of a
high pressure boiler plant to operate boilers greater than 500 horsepower at only that
boiler plant if:

(1) the boiler plant has a designated chief engineer in accordance with Minnesota
Rules, part 5225.0410;

(2) the boiler plant employee holds a valid license as a second-class engineer,
Grade A or B;

(3) the chief engineer in charge of the boiler plant submits an application to the
commissioner on a form prescribed by the commissioner deleted text begin to elicit information on whether
the requirements of this paragraph have been met deleted text end ;

(4) the chief engineer in charge of the boiler plant and an authorized representative
of the owner of the boiler plant both sign the application for the provisional license;

(5) the owner of the boiler plant has a documented training program with examination
for boilers and equipment at the boiler plant to train and test the boiler plant employee; and

(6) if the application were to be granted, the total number of provisional licenses
for employees of the boiler plant would not exceed the total number of properly licensed
first-class engineers and chief engineers responsible for the safe operation of the boilers
at the boiler plant.

(e) A public utility, cooperative electric association, generation and transmission
cooperative electric association, municipal power agency, or municipal electric utility
that employs licensed boiler operators who are subject to an existing labor contract may
use a provisional licensee as an operator only if using the provisional licensee does not
violate the labor contract.

(f) deleted text begin Each provisional license expires 36 months after the date of issuance unless
revoked less than 36 months after the date of issuance. deleted text end new text begin A provisional license is valid for
36 months from the date of issue, unless revoked before the expiration date. new text end A provisional
license may not be renewed.

(g) The commissioner may issue no more than two provisional licenses to any
individual within a four-year period.

Sec. 12.

Minnesota Statutes 2008, section 326B.98, is amended to read:

326B.98 VERIFICATION OF CERTIFICATE.

In making an inspection of boilers deleted text begin , machinery, or vessels, deleted text end new text begin and pressure vessels, new text end
inspectors may act jointly or separately. In all cases inspectors shall verify the certificate
of deleted text begin inspection. deleted text end new text begin registration to ensure that all registered boilers and pressure vessels, other
than historical boilers are inspected. Any boilers and pressure vessels that are no longer in
service shall be removed from the certificate of registration according to rules adopted
by the department.
new text end

Sec. 13.

Minnesota Statutes 2009 Supplement, section 326B.986, subdivision 8,
is amended to read:

Subd. 8.

Certificate of competency.

The fee for issuance of the original deleted text begin state of
Minnesota deleted text end certificate of competency deleted text begin for inspectors deleted text end is $85 for inspectors who did not
pay the new text begin national board new text end examination fee new text begin specified in subdivision 6, new text end or $35 for inspectors
who paid deleted text begin the deleted text end new text begin that new text end examination fee. new text begin Each applicant for a certificate of competency must
complete an interview with the chief boiler inspector before issuance of the certificate of
competency. new text end All initial certificates of competency shall be effective for more than one
calendar year and shall expire on December 31 of the year after the year in which the
application is made. The commissioner shall in a manner determined by the commissioner,
without the need for any rulemaking under chapter 14, phase in the renewal of certificates
of competency from one calendar year to two calendar years. By June 30, 2011, all
renewed certificates of competency shall be valid for two calendar years. The fee for
renewal of the state of Minnesota certificate of competency is $35 for one year or $70 for
two years, and is due the day after the certificate expires.

Sec. 14.

Minnesota Statutes 2008, section 326B.986, subdivision 10, is amended to
read:

Subd. 10.

Late fee.

The commissioner deleted text begin may deleted text end new text begin shall new text end assess a late fee of deleted text begin up to deleted text end $100
for each invoice issued under subdivision 1, 3, or 4 that is not paid in full by the due
date stated on the invoice.

Sec. 15.

Minnesota Statutes 2009 Supplement, section 326B.988, is amended to read:

326B.988 EXCEPTIONS.

(a) The provisions of sections deleted text begin 326B.952 deleted text end new text begin 326B.93 new text end to 326B.998, shall not apply to:

(1) boilers new text begin and pressure vessels new text end in buildings occupied solely for residence purposes
with accommodations for not more than five families;

(2) railroad locomotives operated by railroad companies for transportation purposes;

(3) air tanks installed on the right-of-way of railroads and used directly in the
operation of trains;

(4) boilers and pressure vessels under the direct jurisdiction of the United States;

(5) unfired pressure vessels having an internal or external working pressure not
exceeding 15 p.s.i.g. with no limit on size;

(6) pressure vessels used for storage of compressed air not exceeding five cubic feet
in volume and equipped with an ASME code stamped safety valve set at a maximum
of 100 p.s.i.g.;

(7) pressure vessels having an inside diameter not exceeding six inches;

(8) every vessel that contains water under pressure, including those containing air
that serves only as a cushion, whose design pressure does not exceed 300 p.s.i.g. and
whose design temperature does not exceed 210 degrees Fahrenheit;

(9) boiler or pressure vessels located on farms used solely for agricultural or
horticultural purposes; for purposes of this section, boilers used for mint oil extraction
are considered used for agricultural or horticultural purposes, provided that the owner or
lessee complies with the inspection requirements contained in section 326B.958;

(10) tanks or cylinders used for storage or transfer of liquefied petroleum gases;

(11) unfired pressure vessels in petroleum refineries;

(12) an air tank or pressure vessel which is an integral part of a passenger motor
bus, truck, or trailer;

(13) hot water heating and other hot liquid boilers not exceeding a heat input of
750,000 BTU per hour;

(14) hot water supply boilers (water heaters) not exceeding a heat input of 500,000
BTU per hour, a water temperature of 210 degrees Fahrenheit, a nominal water capacity of
120 gallons, or a pressure of 160 p.s.i.g.;

(15) a laundry and dry cleaning press not exceeding five cubic feet of steam volume;

(16) pressure vessels operated full of water or other liquid not materially more
hazardous than water, if the vessel's contents' temperature does not exceed deleted text begin 140 deleted text end new text begin 210 new text end
degrees Fahrenheit or a pressure of 200 p.s.i.g.;

(17) steam powered turbines at papermaking facilities which are powered by steam
generated by steam facilities at a remote location; deleted text begin and
deleted text end

(18) manually fired boilers for model locomotive, boat, tractor, stationary engine,
or antique motor vehicles constructed or maintained only as a hobby for exhibition,
educational or historical purposes and not for commercial use, if the boilers have an
inside diameter of 12 inches or less, or a grate area of two square feet or less, and are
equipped with an ASME stamped safety valve of adequate size, a water level indicator,
and a pressure gauge deleted text begin . deleted text end new text begin ;
new text end

new text begin (19) any pressure vessel used as an integral part of an electrical circuit breaker;
new text end

new text begin (20) pressure vessels used for the storage of refrigerant if they are built to ASME
code specifications, registered with the national board, and equipped with an ASME
code stamped pressure relieving device set no higher than the maximum allowable
working pressure of the vessel. This does not include pressure vessels used in ammonia
refrigeration systems;
new text end

new text begin (21) pressure vessels used for the storage of oxygen, nitrogen, helium, carbon
dioxide, argon, or other medical gas, provided the vessel is constructed to ASME or
Minnesota Department of Transportation specifications and equipped with an ASME
code stamped pressure relieving device;
new text end

new text begin (22) pressure vessels used for the storage of compressed air for self-contained
breathing apparatuses; and
new text end

new text begin (23) hot water heating boilers vented directly to the atmosphere.
new text end

(b) An engineer's license is not required for hot water supply boilers.

(c) An engineer's license is not required for boilers, steam cookers, steam kettles,
steam sterilizers or other steam generators not exceeding 100,000 BTU per hour input, 25
kilowatt, deleted text begin 2-1/2 horsepower deleted text end and a pressure of 15 p.s.i.g.

(d) Electric boilers not exceeding a maximum working pressure of 50 p.s.i.g.,
maximum of 30 kilowatt input or three horsepower rating shall be inspected as pressure
vessels and shall not require an engineer license to operate.

Sec. 16.

Minnesota Statutes 2008, section 326B.99, is amended to read:

326B.99 REPORT OF INSURER; EXEMPTION FROM INSPECTION.

Subdivision 1.

deleted text begin Report deleted text end new text begin Inspection new text end required.

Any insurance company insuring
boilers and pressure vessels in this state shall deleted text begin file a report showing the most recent date
of inspection, the name of the individual making the inspection, the condition of the
boiler or pressure vessel as disclosed by the inspection, whether the boiler was operated
by a properly licensed engineer, whether a policy of insurance has been issued by the
company with reference to the boiler or pressure vessel, and other information as directed
by the commissioner. deleted text end new text begin inspect each insured boiler or pressure vessel. new text end Within 21 days
after the inspection, the insurance company shall file deleted text begin the deleted text end new text begin an inspection new text end report with the
commissioner. deleted text begin The insurer shall provide a copy of the report to the person owning or
operating the inspected boiler or pressure vessel. deleted text end new text begin The inspection report shall be on the
applicable national board form. The inspection report must indicate who is the properly
licensed engineer in charge of the boiler or pressure vessel, including the engineer's
license grade, class, and telephone number. new text end Such report shall be made annually for
boilers and biennially for pressure vessels new text begin , and must be submitted in the format required
by the department new text end .

Subd. 2.

Exemption.

Every boiler or pressure vessel as to which any insurance
company authorized to do business in this state has issued a policy of insurance, after the
inspection thereof, is exempt from inspection by the department made under sections
deleted text begin 326B.952 deleted text end new text begin 326B.93 new text end to 326B.998, deleted text begin while the same continues to be insured and provided it
continues to be inspected in accordance with the inspection schedule set forth in sections
326B.958 and 326B.96, and the person owning or operating the same has an unexpired
certificate of registration. deleted text end new text begin except the initial inspection by the department under section
326B.96, subdivision 1, as long as: new text end

new text begin (1) the boiler or pressure vessel continues to be insured;
new text end

new text begin (2) the boiler or pressure vessel continues to be inspected in accordance with the
inspection schedule in sections 326B.958 and 326B.96; and
new text end

new text begin (3) the person owning or operating the boiler or pressure vessel has an unexpired
certificate of registration.
new text end

Subd. 3.

Notice of insurance coverage.

The insurer shall notify the commissioner
in writing of its policy to insure and inspect boilers and pressure vessels at a location
within 30 days of deleted text begin receipt of notification from the insured that a boiler or pressure vessel is
present at an insured location. The insurer must also provide a duplicate of the notification
to the insured. deleted text end new text begin the date coverage is provided.
new text end

Subd. 4.

Notice of discontinued coverage.

The insurer shall notify the
commissioner in writing, within 30 days of the effective date, of the discontinuation of
insurance coverage of the boilers and pressure vessels at a location deleted text begin and the cause or reason
for the discontinuation if the insurer has received notice from the insured that a boiler or
pressure vessel is present at an insured location, as provided under subdivision 3 deleted text end . This
notice shall show the effective date when the discontinued policy takes effect.

Subd. 5.

Penalties.

The commissioner shall assess upon the insurer a $50 penalty,
per applicable boiler and pressure vessel, for failing to submit an inspection report or
notify the commissioner of insurance coverage or discontinuation of insurance coverage
as set forth in this section. The commissioner shall assess upon the insurer a penalty
of $100, per applicable boiler and pressure vessel, for failing to conduct the required
in-service inspection within deleted text begin 120 deleted text end new text begin 60 new text end days after the inspection was due deleted text begin in accordance with
section 326B.958. deleted text end new text begin , or within 60 days of the date of coverage for boilers or pressure vessels
that are overdue for inspection. new text end The penalties in this subdivision may only be assessed for
notice, reports, and inspections required during the period that the insurance coverage was
in effect deleted text begin and for which the insurer has received notice from the insured that a boiler or
pressure vessel is present at an insured location, as provided under subdivision 5 deleted text end .

Sec. 17.

Minnesota Statutes 2008, section 326B.994, subdivision 3, is amended to read:

Subd. 3.

Sale violation.

No manufacturer, deleted text begin jobber, deleted text end dealer, or other person shall sell
or offer for sale a boiler or pressure vessel that does not meet the minimum construction
requirements of the ASME boiler and pressure vessel code and the rules of the department.

Sec. 18.

Minnesota Statutes 2008, section 326B.998, is amended to read:

326B.998 PENALTY FOR deleted text begin UNLAWFUL OPERATION. deleted text end new text begin OPERATORS.
new text end

(a) deleted text begin Every person who shall apply, or cause to be applied, to a boiler or pressure
vessel a higher pressure than is allowed by law, or by the inspector, officer, or person
authorized to limit the same; and every owner and lessee of a boiler or pressure vessel
having knowledge of such application, or of circumstances which would cause such an
application, shall be guilty of a gross misdemeanor. deleted text end new text begin No person shall operate or cause to be
operated a boiler or pressure vessel at a higher pressure than is indicated on the original
manufacturer's data plate attached to the boiler or pressure vessel.
new text end

(b) deleted text begin Every captain deleted text end new text begin No master new text end or other person having charge of the machinery of
a boat used for the conveyance of passengers in the waters of this state deleted text begin and every deleted text end new text begin , or new text end
engineer or other person having charge of a boiler, steam engine, or other apparatus for
generating or employing steam, deleted text begin who shall willfully, or from ignorance or gross neglect, deleted text end new text begin
shall new text end create, or allow to be created any condition whereby human life is endangered deleted text begin , and
every deleted text end new text begin . Every new text end owner and lessee of a boat, boiler, steam engine, or other apparatus for
generating or supplying steam who has knowledge of deleted text begin such deleted text end a condition new text begin whereby human
life is endangered new text end , or of circumstances which would cause such a condition, deleted text begin shall be guilty
of a gross misdemeanor. deleted text end new text begin shall take prompt action to correct the condition or circumstances
and eliminate the danger to human life.
new text end

new text begin (c) Any person who violates paragraph (a) or (b) is guilty of a gross misdemeanor.
new text end

Sec. 19. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2008, sections 326B.952; 326B.962; 326B.968; 326B.982;
and 326B.996, new text end new text begin and new text end new text begin Minnesota Statutes 2009 Supplement, section 326B.986, subdivision
2, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 5225.1400; 5225.3100; 5225.3150; and 5225.3200, new text end new text begin are
repealed.
new text end