language to be deleted (2) new language
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.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, subdivisions 2, 8; 326B.988; proposing coding for new law in Minnesota Statutes, chapter 326B; repealing Minnesota Statutes 2008, sections 326B.952; 326B.96, subdivision 1; 326B.962; 326B.968; 326B.982; 326B.996; Minnesota Rules, parts 5225.1400; 5225.3100; 5225.3150; 5225.3200.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
"Boat" means any vessel navigating inland waters of the state that is propelled by machinery or sails, is carrying passengers for hire, and is 21 feet or more in length.
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.
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.
The commissioner shall develop and administer an examination for all masters of boats carrying passengers for hire on the inland waters of the state as to their qualifications and fitness. 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.
(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, title 46, as applicable inland waters; these rules shall have the force of law.
(b) 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.
No master shall be under the influence of illegal drugs or alcohol when on duty.
Each boiler inspector 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 patented article required or generally used in the construction of engines or boilers or their appurtenances.
For the purpose of sections 326B.952 to 326B.998, the terms "show boiler" and "hobby boiler" are synonymous and mean a boiler that is used only for display and demonstration purposes. 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.
When used for display and demonstration purposes, steam farm traction engines, portable and stationary show engines and portable and stationary show boilers shall be inspected every two years according to law.
(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.
(b) Standards for inspection of show 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 shall be subjected to the appropriate method of nondestructive examination, at the owner's expense, as deemed necessary by the boiler inspector to determine soundness and safety of the boiler;
(2) 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); and
(3) repairs and alterations made to show boilers must be made pursuant to section 326B.966.
(c) Further each such object shall successfully complete an inspection of:
(1) the fusible plug;
(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
(3) the boiler power piping.
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.
The fee for inspecting traction engines, show boilers, and show engines shall be the hourly rate pursuant to section 326B.986, subdivision 4.
A license to operate steam farm traction engines, portable and stationary show engines, and portable and stationary show boilers shall be issued to an applicant who:
(1) is 16 years of age or older;
(2) has a licensed second class grade A or higher class engineer or steam traction (hobby) engineer sign an affidavit attesting to the applicant's competence in operating these devices and that the applicant has demonstrated the ability to perform each task on the list, approved by the chief boiler inspector, of tasks associated with the operation of the devices;
(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.
Any licensed steam engineer may operate steam farm traction engines, portable and stationary show engines and portable and stationary show boilers, subject to the apparatus and horsepower restrictions set forth in the license, without obtaining a license under subdivision 4.
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.
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. 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.
Every owner, lessee, or other person having charge of boilers or pressure vessels subject to inspection under sections 326B.952 to 326B.998, except hobby boilers under section 326B.956, shall register said objects with the department. The registration shall be renewed annually 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.
The department shall issue a 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. The commissioner may make an electronic certificate of registration available to be printed by the owner, lessee, or other person having charge of the registered boiler or pressure vessel.
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.
The fee for performing ASME and national board triennial audits shall be the hourly rate pursuant to section 326B.986, subdivision 4.
The engineering standards of boilers and pressure vessels for use in this state shall be that established by the current edition of and amendments to the ASME Code or the National Board Inspection Code, as applicable, for construction, operation and care of, in-service inspection and testing, and controls and safety devices, and by the rules adopted by the department.
The rules for repair of boilers and pressure vessels for use in this state shall be those established by the National Board of Boiler and Pressure Vessel Inspectors inspection code and the rules adopted by the department.
The owner or manager of a boiler or pressure vessel shall allow inspectors full access thereto. Every engineer operating a boiler shall assist the inspector in the examination, and point out any known defects in the boilers, steam engines, or turbines in the engineer's charge.
(a) To operate a boiler, steam engine, or turbine an individual must have received a license for the grade covering that boiler, steam engine, or 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 326B.952 to 326B.998, "operation" does not include monitoring of an automatic boiler, either through on premises inspection of the boiler or by remote electronic surveillance, provided that no operations are performed upon the boiler other than emergency shut down in alarm situations.
(c) No individual under the influence of illegal drugs or alcohol may operate a boiler, steam engine, or 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 to elicit information on whether the requirements of this paragraph have been met;
(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) Each provisional license expires 36 months after the date of issuance unless revoked less than 36 months after the date of issuance. 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.
In making an inspection of boilers, machinery, or vessels, inspectors may act jointly or separately. In all cases inspectors shall verify the certificate of inspection.
The license and application fee for an initial master's license is $70, or $40 if the applicant possesses a valid, unlimited, current United States Coast Guard master's license. The renewal fee for a master's license is $20 for one year or $40 for two years. If the renewal fee is paid later than 30 days after expiration, then a late fee of $15 will be added to the renewal fee.
The fee for issuance of the original state of Minnesota certificate of competency for inspectors is $85 for inspectors who did not pay the examination fee or $35 for inspectors who paid the examination fee. 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.
The commissioner may assess a late fee of up to $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.
(1) boilers 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 140 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; and
(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.
(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, 2-1/2 horsepower 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.
Any insurance company insuring boilers and pressure vessels in this state shall 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. Within 21 days after the inspection, the insurance company shall file the report with the commissioner. The insurer shall provide a copy of the report to the person owning or operating the inspected boiler or pressure vessel. Such report shall be made annually for boilers and biennially for pressure vessels.
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 326B.952 to 326B.998, 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.
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 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.
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 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. This notice shall show the effective date when the discontinued policy takes effect.
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 120 days after the inspection was due in accordance with section 326B.958. 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 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.
No manufacturer, jobber, 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.
(a) 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.
(b) Every captain or other person having charge of the machinery of a boat used for the conveyance of passengers in the waters of this state and every engineer or other person having charge of a boiler, steam engine, or other apparatus for generating or employing steam, who shall willfully, or from ignorance or gross neglect, create, or allow to be created any condition whereby human life is endangered, and every owner and lessee of a boat, boiler, steam engine, or other apparatus for generating or supplying steam who has knowledge of such a condition, or of circumstances which would cause such a condition, shall be guilty of a gross misdemeanor.
Presented to the governor April 29, 2010
Signed by the governor April 30, 2010, 2:30 p.m.