2005 Minnesota Statutes

CHAPTER 183. Boilers

     183.001 Administration, penalties. 

    The commissioner of the Department of Labor and Industry 
 shall administer chapter 183.  In addition to the remedies 
 provided for violations of this chapter, the commissioner may 
 impose a penalty of up to $1,000 for a violation of any 
 provision of this chapter. 

    HIST: 1989 c 303 s 2 

     183.02 Definitions. 

    Subdivision 1.    Scope.  When used in this chapter, the 
 terms defined in this section have the meanings given them.  

    Subd. 2.    Commissioner.  "Commissioner" means the 
 commissioner of the Department of Labor and Industry. 

    Subd. 3.    Department.  "Department" means the 
 Department of Labor and Industry.  

    HIST: 1989 c 303 s 3 

  183.022 Renumbered 16B.741 

  183.05 Repealed, 1973 c 732 s 27 

  183.06 Repealed, 1973 c 732 s 27 

  183.07 Repealed, 1973 c 732 s 27 

  183.08 Repealed, 1973 c 732 s 27 

  183.09 Repealed, 1973 c 732 s 27 

  183.10 Repealed, 1973 c 732 s 27 

  183.11 Repealed, 1973 c 732 s 27 

  183.12 Repealed, 1973 c 732 s 27 

  183.13 Repealed, 1973 c 732 s 27 

  183.14 Repealed, 1973 c 732 s 27 

  183.15 Repealed, 1973 c 732 s 27 

  183.16 Repealed, 1973 c 732 s 27 

  183.17 Repealed, 1973 c 732 s 27 

  183.18 Repealed, 1973 c 732 s 27 

  183.19 Repealed, 1973 c 732 s 27 

  183.20 Repealed, 1973 c 732 s 27 

  183.21 Repealed, 1973 c 732 s 27 

  183.22 Repealed, 1973 c 732 s 27; 1976 c 2 s 168 

  183.23 Repealed, 1973 c 732 s 27 

  183.24 Repealed, 1973 c 732 s 27 

  183.25 Repealed, 1973 c 732 s 27 

  183.26 Repealed, 1973 c 732 s 27 

  183.27 Repealed, 1973 c 732 s 27 

  183.28 Repealed, 1973 c 732 s 27 

  183.29 Repealed, 1973 c 732 s 27 

  183.30 Repealed, 1973 c 732 s 27 

  183.31 Repealed, 1973 c 732 s 27 

  183.32 Repealed, 1973 c 732 s 27 

  183.33 Repealed, 1973 c 732 s 27 

  183.34 Repealed, 1973 c 732 s 27 

  183.35 Repealed, 1955 c 561 s 6 

  183.351 Renumbered 16B.74 

  183.352 Renumbered 16B.742 

  183.353 Renumbered 16B.743 

  183.354 Renumbered 16B.744 

  183.355 Renumbered 16B.745 

  183.356 Renumbered 16B.746 

  183.357 Renumbered 16B.747 

  183.358 Renumbered 16B.748 

  183.36 Repealed, 1955 c 561 s 6 

  183.37 Repealed, 1955 c 561 s 6 

     183.375 Division of Boiler Inspection. 

    Subdivision 1.    Management of division.  The 
 Department of Labor and Industry, Division of Boiler Inspection, 
 is hereby continued under the management, supervision, and 
 control of the Department of Labor and Industry.  

    Subd. 2.    Chief of division.  Subject to the 
 provisions of chapter 43A, the commissioner shall appoint a 
 chief and may appoint a deputy chief of the Division of Boiler 
 Inspection.  The appointee shall be a qualified steam engineer 
 with at least ten years of operation experience as such and 
 shall be licensed as a chief Grade A engineer in this state and 
 shall possess a current commission issued by the National Board 
 of Boiler and Pressure Vessel Inspectors.  Inspectors employed 
 in the Division of Boiler Inspection or employed as an 
 authorized inspector by a qualified insurance company insuring 
 boilers and pressure vessels in Minnesota may utilize up to five 
 years of equivalent experience as inspectors, in satisfying the 
 requirement of ten years of experience as steam engineers for 
 the chief and deputy chief positions.  

    Subd. 3.    Inspectors.  The department may employ such 
 inspectors and other persons as are necessary to efficiently 
 perform the duties and exercise the powers imposed upon the 
 Division of Boiler Inspection.  

    Subd. 4.    Powers and duties.  Subject to the 
 provisions of chapter 43A, the department shall prescribe the 
 duties of the Division of Boiler Inspection.  

    Subd. 5.    Fees.  All fees collected by the Division of 
 Boiler Inspection shall be paid into the state treasury in the 
 manner provided by law for fees received by other state 
 departments and credited to the general fund.  

    Subd. 6.    Reports and notices.  All reports and 
 notices heretofore required by law to be made or given to the 
 Board of Boiler Inspectors, or the chief boiler inspector shall 
 be made or given to the department.  

    HIST: (4203, 4204, 4207, 4208) 1921 c 83 s 1,2,5,6; 1957 c 503 
 s 2; 1965 c 303 s 1; Ex1967 c 1 s 6; 1969 c 399 s 49; 1981 c 210 
 s 54; 1982 c 379 s 1; 1983 c 301 s 155; 1987 c 70 s 1; 1994 c 
 421 s 1; 1996 c 305 art 3 s 24; 1999 c 250 art 3 s 23 

     183.38 Boiler inspector; inspections; examinations; 
  licenses. 

    Subdivision 1.    All boilers inspected.  The Division 
 of Boiler Inspection shall inspect all boilers and pressure 
 vessels in use not expressly excepted from such inspection by 
 law.  Immediately upon inspection the Division of Boiler 
 Inspection shall issue a certificate of inspection therefor or a 
 certificate condemning the boiler or pressure vessel and shall 
 seal it.  Forms for these licenses and certificates shall be 
 prepared and furnished by the commissioner.  The Division of 
 Boiler Inspection shall examine all applicants for engineer's 
 licenses.  The chief of the Division of Boiler Inspection shall 
 issue such license to an applicant as the examination shall show 
 the applicant is entitled to receive. 

    Subd. 2.    Inspector's examination.  For the purpose of 
 examining applicants for license the chief of the Division of 
 Boiler Inspection or the deputy chief shall fix and determine a 
 time and place for the examinations, and give notice to all 
 applicants of the time and place.  The chief or the deputy chief 
 shall grant and sign such license certificates as applicants are 
 entitled to receive upon examination.  Applicants may be 
 examined and issued certificates of competency as inspectors of 
 boilers and pressure vessels.  

    HIST: (5474) RL s 2168; 1919 c 240 s 1; 1927 c 378; 1957 c 503 
 s 3; 1982 c 379 s 2; 1992 c 464 art 1 s 26 

     183.39 Persons eligible. 

    Subdivision 1.    Requirements.  Each boiler inspector shall be 
 a person of 
 good moral character, 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.

    Subd. 2. Repealed, 1982 c 379 s 27 

    HIST: (5475) RL s 2169; 1957 c 503 s 4; 1974 c 161 s 11; 1982 
 c 379 s 3 

  183.40 Repealed, 1957 c 503 s 24 

     183.41 Boats; rules. 

    Subdivision 1.    Boat.  "Boat" means any boat or vessel 
 propelled by mechanical power used and operated for carrying 
 passengers for hire on any inland waters of the state.  

    Subd. 2.    Inspection rules.  The department shall 
 prescribe rules for the inspection of the hulls, machinery, 
 boilers, steam connections, fire fighting apparatus, life saving 
 appliances and 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 
 as provided in Code of Federal Regulations, title 46, in similar 
 cases; these rules shall have the force of law.  

    Subd. 3.    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 inspectors certificate.  

    Subd. 4.    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 Division of Boiler Inspection and shall be 
 inspected before a permit may be issued. 

    HIST: (5477) RL s 2171; 1957 c 503 s 5; Ex1967 c 1 s 6; 1982 c 
 379 s 4; 1985 c 248 s 70; 1Sp2005 c 1 art 4 s 42 

     183.411 Steam farm traction engines; show boilers and 
  engines. 

    Subdivision 1.    Definition.  For the purpose of this 
 chapter, 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. 

    Subd. 1a. Repealed, 1994 c 402 s 2 

    Subd. 2.    Inspection.  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 of Labor and Industry, 
 Division of Boiler Inspection, 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 183.466.  

    (c) Further each such object shall successfully complete an 
 inspection of:  

    (1) the fusible plug; 

    (2) the safety valve, which must be of American Society of 
 Mechanical Engineers' 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. 

    Subd. 2a.    Inspection fees.  The fee for inspecting 
 traction engines, show boilers, and show engines shall be the 
 hourly rate pursuant to section 183.545, subdivision 3a. 

    Subd. 3.    Licenses.  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 18 years of age or older; 

    (2) has a licensed second class or higher class engineer or 
 steam traction (hobby) engineer sign the affidavit attesting to 
 the applicant's competence in operating said devices; 

    (3) passes a written test for competence in operating said 
 devices; 

    (4) has at least 25 hours of actual operating experience on 
 said devices; and 

    (5) pays the required fee. 

    A license shall be valid for the lifetime of the licensee.  
 A onetime fee pursuant to section 183.545, subdivision 4, shall 
 be charged for the license. 

    Subd. 4.    Exemption.  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 3. 

    Subd. 5.    Licensed operator; presence required.  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. 

    HIST: 1980 c 601 s 1; 1981 c 38 s 1; 1983 c 301 s 156; 1986 c 
 444; 1987 c 70 s 2,3; 1988 c 719 art 19 s 2-4; 1991 c 331 s 1; 
 1994 c 402 s 1; 1996 c 305 art 3 s 25,26; 1997 c 38 s 1-3; 
 1Sp2005 c 1 art 4 s 43,44 

     183.42 Inspection and registration. 

    Subdivision 1.    Inspection.  Every owner, lessee, or 
 other person having charge of boilers or pressure vessels 
 subject to inspection under this chapter shall cause them to be 
 inspected by the Division of Boiler Inspection.  Boilers subject 
 to inspection under this chapter must be inspected at least 
 annually and pressure vessels inspected at least every two years 
 except as provided under section 183.45.  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. 

    Subd. 2.    Registration.  Every owner, lessee, or other 
 person having charge of boilers or pressure vessels subject to 
 inspection under this chapter shall register said objects with 
 the Division of Boiler Inspection.  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 183.545, subdivision 10.  The Division of 
 Boiler Inspection 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 this chapter. 

    Subd. 3.    Certificate of registration.  The Division 
 of Boiler Inspection shall issue a certificate of registration 
 that lists the boilers and pressure vessels at the location, 
 expiration date of the certificate of registration, last 
 inspection date of each boiler and pressure vessel, and maximum 
 allowable working pressure for each 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 boiler or pressure vessel. 

    HIST: (5478) RL s 2172; 1957 c 503 s 6; 1982 c 379 s 5; 1987 c 
 70 s 4; 1989 c 71 s 1; 1Sp2005 c 1 art 4 s 45 

  183.43 Repealed, 1957 c 503 s 24 

     183.44 Examinations; rules; licensing, revocations. 

    Subdivision 1.    Masters.  The commissioner or the 
 commissioner's designee shall examine all masters of boats and 
 vessels 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.  The license shall be renewed annually.  Fees for the 
 original issue and renewal of the license authorized under this 
 section shall be pursuant to section 183.545, subdivision 2. 

    Subd. 2.    Rules.  The Division of Boiler Inspection 
 shall make such rules for inspection and operation of boats 
 subject to inspection under this chapter, boilers and pressure 
 vessels, the licensing of engineers and pilots, and the 
 navigation of any such boat or vessel as will require their 
 operation without danger to life or property. 

    Subd. 3.    Suspension, revocation.  The Division of 
 Boiler Inspection may suspend or revoke the license of any 
 master, pilot or engineer found under the influence of drugs or 
 alcohol when on duty or who otherwise disregards the provisions 
 of sections 183.375 to 183.62 or any rule promulgated thereunder.

    HIST: (5480) RL s 2174; 1919 c 240 s 2; 1957 c 503 s 7; 1982 c 
 379 s 6; 1Sp2005 c 1 art 4 s 46 

     183.45 Inspection. 

    Subdivision 1.    Inspection requirements.  All boilers and 
 steam generators must be 
 inspected by the Division of Boiler Inspection before they are 
 used and all boilers must be inspected at least once each year 
 thereafter except as provided under subdivision 2.  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.  

    Subd. 2.    Qualifying boiler.  (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 chief boiler inspector has 
 determined to be in compliance with paragraph (c). 

    (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. 

    (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. 

    (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 chief boiler inspector finds that 
 the substantial deficiencies have been corrected. 

    HIST: (5481) RL s 2175; 1957 c 503 s 8; 1982 c 379 s 7; 1989 c 
 71 s 2 

     183.46 Tests. 

    In subjecting both high and low pressure boilers and 
 pressure vessels to the hydrostatic test, and to determine the 
 safe allowable working pressure, the inspector shall use the 
 latest approved formula of the American Society of Mechanical 
 Engineers Code.  

    HIST: (5482) RL s 2176; 1957 c 503 s 9; 1982 c 379 s 8 

     183.465 Standards of inspection. 

    The engineering standards of boilers and pressure vessels 
 for use in this state shall be that established by the current 
 edition of the construction, operation and care of, in-service 
 inspection and testing, and controls and safety devices codes of 
 the American Society of Mechanical Engineers and amendments 
 thereto and the rules of the Division of Boiler Inspection 
 adopted by the Department of Labor and Industry.  

    HIST: 1957 c 503 s 10; Ex1967 c 1 s 6; 1969 c 1149 s 1; 1973 c 
 238 s 1; 1982 c 379 s 9 

     183.466 Standards of repairs. 

    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 of the Division of Boiler Inspection adopted by 
 the Department of Labor and Industry.  

    HIST: 1982 c 379 s 10; 1988 c 719 art 19 s 5 

  183.47 Repealed, 1957 c 503 s 24 

     183.48 Special examination. 

    At any time the inspector deems it necessary an examination 
 shall be made of any boiler or pressure vessel which there is 
 reason to believe has become unsafe, and notify the owners or 
 operators thereof of any defect therein, and what repairs are 
 necessary.  Such boiler or pressure vessel shall not thereafter 
 be used until so repaired.  Boilers found to be operated by 
 unlicensed or improperly licensed persons shall not be used 
 until the operators are properly licensed.  If circumstances 
 warrant continued operation, approval may be given for 
 continuing operation for a specific period of time, not to 
 exceed 30 days, at the discretion of the boiler inspector.  

    HIST: (5484) RL s 2178; 1957 c 503 s 11; 1982 c 379 s 11 

  183.49 Repealed, 1957 c 503 s 24 

     183.50 Inspection of boilers and pressure vessels. 

    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.  

    HIST: (5486) RL s 2180; 1919 c 240 s 3; 1939 c 399; 1947 c 563 
 s 1; 1957 c 503 s 12; 1957 c 876 s 1; 1982 c 379 s 12; 1986 c 
 444 

     183.501 License requirement. 

    (a) No person shall be entrusted with the operation of or 
 operate any boiler, steam engine, or turbine who has not 
 received a license of grade covering that boiler, steam engine 
 or turbine.  The license shall be renewed annually.  When a 
 violation of this section occurs the Division of Boiler 
 Inspection may cause a complaint to be made for the prosecution 
 of the offender and shall be entitled to sue for and obtain 
 injunctive relief in the district courts for such violations.  

    (b) For purposes of this chapter, "operation" shall 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.  

    HIST: 1982 c 379 s 13 

     183.502 School engineer operational requirements. 

    Any custodial engineer employed by a school whose duties 
 include the operation of a boiler shall be licensed pursuant to 
 section 183.51, to operate the particular class of boiler used 
 in the school.  

    HIST: 1982 c 379 s 14 

     183.505 Applications for licenses.  

    The chief boiler inspector shall prepare blank applications 
 on which applications for engineers' licenses shall be made 
 under oath of the applicant.  These blanks shall be so 
 formulated as to elicit such information as is desirable to 
 enable the examiners to pass on the qualifications of applicants.

    HIST: (5494) 1919 c 240 s 9; 1957 c 503 s 19 

     183.51 Examinations; classifications; qualifications. 

    Subdivision 1.    Engineers, classes.  Engineers shall 
 be divided into four classes: 

    (1) Chief engineers; Grade A, Grade B, and Grade C.  (2) 
 first class engineers; Grade A, Grade B, and Grade C.  (3) 
 second class engineers; Grade A, Grade B, and Grade C.  (4) 
 Special engineers.  

    Subd. 2.    Applications.  Any person who desires an 
 engineer's license shall submit a written application, on blanks 
 furnished by the commissioner or designee, at least 15 days 
 before the requested exam date.  The application is valid for 
 one year from the date the commissioner or designee received the 
 application. 

    Subd. 2a.    Examinations.  Each applicant for a license 
 must pass an examination approved by the commissioner.  The 
 examinations shall be of sufficient scope to establish the 
 competency of the applicant to operate a boiler of the 
 applicable license class and grade. 

    Subd. 3.    High and low pressure boilers.  For the 
 purposes of this section and section 183.50, high pressure 
 boilers shall mean boilers operating at a steam or other vapor 
 pressure in excess of 15 p.s.i.g., or a water or other liquid 
 boiler in which the pressure exceeds 160 p.s.i.g. or a 
 temperature of 250 degrees Fahrenheit.  

    Low pressure boilers shall mean boilers operating at a 
 steam or other vapor pressure of 15 p.s.i.g. or less, or a water 
 or other liquid boiler in which the pressure does not exceed 160 
 p.s.i.g. or a temperature of 250 degrees Fahrenheit.  

    Subd. 4.    Chief engineer, Grade A.  A person seeking 
 licensure as a chief engineer, Grade A, shall be at least 18 
 years of age and have experience which verifies that the person 
 is competent to take charge of and be responsible for the safe 
 operation and maintenance of all classes of boilers, steam 
 engines, and turbines and their appurtenances; and, before 
 receiving a license, the applicant shall take and subscribe an 
 oath attesting to at least five years actual experience in 
 operating such boilers, including at least two years experience 
 in operating such engines or turbines. 

    Subd. 5.    Chief engineer, Grade B.  A person seeking 
 licensure as a chief engineer, Grade B, shall be at least 18 
 years of age and have habits and experience which justify the 
 belief that the person is competent to take charge of and be 
 responsible for the safe operation and maintenance of all 
 classes of boilers and their appurtenances; and, before 
 receiving a license, the applicant shall take and subscribe an 
 oath attesting to at least five years actual experience in 
 operating those boilers.  

    Subd. 6.    Chief engineer, Grade C.  A person seeking 
 licensure as a chief engineer, Grade C, shall be at least 18 
 years of age and have habits and experience which justify the 
 belief that the person is competent to take charge of and be 
 responsible for the safe operation and maintenance of all 
 classes of low pressure boilers and their appurtenances, and 
 before receiving a license, the applicant shall take and 
 subscribe an oath attesting to at least five years of actual 
 experience in operating such boilers. 

    Subd. 7.    First-class engineer, Grade A.  A person 
 seeking licensure as a first-class engineer, Grade A, shall be 
 at least 18 years of age and have experience which verifies that 
 the person is competent to take charge of and be responsible for 
 the safe operation and maintenance of all classes of boilers, 
 engines, and turbines and their appurtenances of not more than 
 300 horsepower or to operate as a shift engineer in a plant of 
 unlimited horsepower.  Before receiving a license, the applicant 
 shall take and subscribe an oath attesting to at least three 
 years actual experience in operating such boilers, including at 
 least two years experience in operating such engines or turbines.

    Subd. 8.    First-class engineer, Grade B.  A person 
 seeking licensure as a first-class engineer, Grade B, shall be 
 at least 18 years of age and have habits and experience which 
 justify the belief that the person is competent to take charge 
 of and be responsible for the safe operation and maintenance of 
 all classes of boilers of not more than 300 horsepower or to 
 operate as a shift engineer in a plant of unlimited horsepower.  
 Before receiving a license the applicant shall take and 
 subscribe an oath attesting to at least three years actual 
 experience in operating such boilers.  

    Subd. 9.    First-class engineer, Grade C.  A person 
 seeking licensure as a first-class engineer, Grade C, shall be 
 at least 18 years of age and have habits and experience which 
 justify the belief that the person is competent to take charge 
 of and be responsible for the safe operation and maintenance of 
 all classes of low pressure boilers and their appurtenances of 
 not more than 300 horsepower or to operate as a shift engineer 
 in a low pressure plant of unlimited horsepower.  Before 
 receiving a license, the applicant shall take and subscribe an 
 oath attesting to at least three years actual experience in 
 operating such boilers. 

    Subd. 10.    Second-class engineer, Grade A.  A person 
 seeking licensure as a second-class engineer, Grade A, shall be 
 at least 18 years of age and have experience which verifies that 
 the person is competent to take charge of and be responsible for 
 the safe operation and maintenance of all classes of boilers, 
 engines, and turbines and their appurtenances of not more than 
 100 horsepower or to operate as a shift engineer in a plant of 
 not more than 300 horsepower, or to assist the shift engineer, 
 under direct supervision, in a plant of unlimited horsepower.  
 Before receiving a license the applicant shall take and 
 subscribe an oath attesting to at least one year of actual 
 experience in operating such boilers, including at least one 
 year of experience in operating such engines or turbines. 

    Subd. 11.    Second-class engineer, Grade B.  A person 
 seeking licensure as a second-class engineer, Grade B, shall be 
 at least 18 years of age and have habits and experience which 
 justify the belief that the person is competent to take charge 
 of and be responsible for the safe operation and maintenance of 
 all classes of boilers of not more than 100 horsepower or to 
 operate as a shift engineer in a plant of not more than 300 
 horsepower or to assist the shift engineer, under direct 
 supervision, in a plant of unlimited horsepower.  Before 
 receiving a license the applicant shall take and subscribe an 
 oath attesting to at least one year of actual experience in 
 operating such boilers.  

    Subd. 12.    Second-class engineer, Grade C.  A person 
 seeking licensure as a second-class engineer, Grade C, shall be 
 at least 18 years of age and have habits and experience which 
 justify the belief that the person is competent to take charge 
 of and be responsible for the safe operation and maintenance of 
 all classes of low pressure boilers and their appurtenances of 
 not more than 100 horsepower or to operate as a shift engineer 
 in a low pressure plant of not more than 300 horsepower, or to 
 assist the shift engineer, under direct supervision, in a low 
 pressure plant of unlimited horsepower.  Before receiving a 
 license, the applicant shall take and subscribe an oath 
 attesting to at least one year of actual experience in operating 
 such boilers. 

    Subd. 13.    Special engineer.  A person seeking 
 licensure as a special engineer shall be at least 18 years of 
 age and have habits and experience which justify the belief that 
 the person is competent to take charge of and be responsible for 
 the safe operation and maintenance of all classes of boilers and 
 their appurtenances of not more than 30 horsepower or to operate 
 as a shift engineer in a plant of not more than 100 horsepower, 
 or to serve as an apprentice in any plant under the direct 
 supervision of the properly licensed engineer. 

    Subd. 14.    Current boiler operators.  Any person 
 operating a boiler other than a steam boiler on April 15, 1982 
 shall be qualified for application for the applicable class 
 license upon presentation of an affidavit furnished by an 
 inspector and sworn to by the person's employer or a chief 
 engineer.  The applicant must have at least the number of years 
 of actual experience specified for the class of license 
 requested and pass the appropriate examination. 

    Subd. 15.    Rating horsepower.  For the purpose of 
 rating boiler horsepower for engineer license classifications 
 only:  ten square feet of heating surface shall be considered 
 equivalent to one boiler horsepower for conventional boilers and 
 five square feet of heating surface equivalent to one boiler 
 horsepower for steam coil type generators.  

    HIST: (5487) RL s 2181; 1919 c 113 s 1; 1919 c 240 s 4; 1947 c 
 563 s 2; 1957 c 503 s 13; 1957 c 876 s 2; 1965 c 49 s 1; 1973 c 
 725 s 28-35; 1974 c 406 s 41; 1982 c 379 s 15; 1986 c 444; 1988 
 c 719 art 19 s 6-8; 1Sp2005 c 1 art 4 s 47,48 

     183.52 Revocation of license. 

    The chief boiler inspector or representative may issue 
 cease and desist orders to any person found to be in violation 
 of sections 183.375 to 183.62 or the rules adopted thereunder, 
 or for otherwise operating or allowing a boiler or pressure 
 vessel to be operated under unsafe or dangerous conditions, and 
 may petition for enforcement of the order in the district 
 court.  The department may also suspend or revoke the license of 
 any engineer for a violation.  

    HIST: (5488) RL s 2182; 1957 c 503 s 14; Ex1967 c 1 s 6; 
 1Sp1981 c 4 art 1 s 91; 1982 c 379 s 16; 1986 c 444 

     183.53 Verification of certificate. 

    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.  

    HIST: (5489) RL s 2183; 1957 c 503 s 15; 1982 c 379 s 17 

     183.54 Boiler inspector to deliver certificates; payment 
  of inspection fees. 

    Subdivision 1.    Safety certificate.  After examination 
 and tests, if a boiler inspector finds any boiler or pressure 
 vessel safe and suitable for use, the inspector shall deliver to 
 the chief boiler inspector a verified certificate in such form 
 as prescribed by the chief boiler inspector containing a 
 specification of the tests applied and the working pressure 
 allowed.  A copy of the certificate is delivered to the owner of 
 the boiler or pressure vessel, who shall place and retain the 
 same in a conspicuous place on or near the boiler or pressure 
 vessel. 

    Subd. 2.    Fees.  Fees for the inspection of boilers 
 and pressure vessels are payable at the time of the delivery of 
 the certificate. 

    Subd. 3.    Failure to pay fee.  If the owner or lessee 
 of any boiler or pressure vessel, which boiler or pressure 
 vessel has been duly inspected, refuses to pay the required fee 
 within 30 days from the date of the inspection, the chief boiler 
 inspector, or deputy, may seal the boiler or pressure vessel 
 until the fee is paid. 

    HIST: (5490) RL s 2184; 1919 c 240 s 5; 1933 c 257; 1943 c 340 
 s 1; 1947 c 563 s 3; 1957 c 503 s 16; 1982 c 379 s 18; 1986 c 
 444 

     183.545 Fees for inspection. 

    Subdivision 1.    Fee amount; vessels operated on inland 
 waters.  The fees for the inspection of the hull, boiler, 
 machinery, and equipments of vessels operated on inland waters 
 and that carry passengers for hire are as follows: 

    (1) annual operating permit and safety inspections shall be 
 $200; and 

    (2) other inspections, including dry-dock inspections, boat 
 stability tests, and plan reviews, are billed at the hourly rate 
 set in subdivision 3a. 

    Subd. 2.    Fee amounts; masters.  The license and 
 application fee for a master's license is $50, or $20 if the 
 applicant possesses a valid, unlimited, current United States 
 Coast Guard master's license.  The annual renewal of a master's 
 license is $20.  The annual renewal if paid later than 30 days 
 after expiration is $35.  The fee for replacement of a current, 
 valid license is $20. 

    Subd. 3.    Boiler and pressure vessel inspection fees.  
 The fees for the annual inspection of boilers and biennial 
 inspection of pressure vessels are as follows: 

    (1) boiler inaccessible for internal inspection, $55; 

    (2) boiler accessible for internal inspection, $55; 

    (3) boiler internal inspection over 2,000 square feet 
 heating surface shall be billed at the hourly rate set in 
 subdivision 3a; 

    (4) boiler accessible for internal inspection requiring 
 one-half day or more of inspection time shall be billed at the 
 hourly rate set in subdivision 3a; 

    (5) pressure vessel for internal inspection via manhole, 
 $35; and 

    (6) pressure vessel inaccessible for internal inspection, 
 $35.  

    Subd. 3a.    Hourly rate.  The hourly rate for an 
 inspection not set elsewhere in this chapter is $80 per hour.  
 Inspection time includes all time related to the inspection.  
 Travel time, billed at the hourly rate, and travel expenses 
 shall be billed for shop inspections, triennial audits, boat 
 stability tests, hydrostatic tests of a boiler or pressure 
 vessel, or any other inspection or consultation requiring a 
 special trip. 

    Subd. 4.    Boiler engineer license fees.  For the 
 following licenses, the nonrefundable license and application 
 fee is: 

    (1) chief engineer's license, $50; 

    (2) first class engineer's license, $50; 

    (3) second class engineer's license, $50; 

    (4) special engineer's license, $20; and 

    (5) traction or hobby boiler engineer's license, $50. 

    An engineer's license may be renewed upon application and 
 payment of an annual renewal fee of $20.  The annual renewal, if 
 paid later than 30 days after expiration, is $35.  The fee for 
 replacement of a current, valid license is $20.  

    Subd. 5. Repealed, 1987 c 70 s 7 

    Subd. 6.    National board inspectors.  The fee for an 
 examination of an applicant for a National Board of Boiler and 
 Pressure Vessels Inspectors commission is $100.  

    Subd. 7.    Nuclear endorsement.  The fee for each 
 examination of an applicant for a National Board of Boiler and 
 Pressure Vessels commissioned inspectors nuclear endorsement is 
 $100. 

    Subd. 8.    Certificate of competency.  The fee for 
 issuance of the original state of Minnesota certificate of 
 competency for inspectors is $50.  This fee is waived for 
 inspectors who paid the examination fee.  The fee for an annual 
 renewal of the state of Minnesota certificate of competency is 
 $35, and is due January 1 of each year.  The fee for replacement 
 of a current, valid license is $35. 

    Subd. 9.    Deposit of fees.  Fees received under this 
 section must be deposited in the state treasury and credited to 
 the general fund. 

    Subd. 10.    Boiler and pressure vessel registration fee. 
  The annual registration fee for boilers and pressure vessels 
 in use and required to be inspected per section 183.42 shall be 
 $10 per boiler and pressure vessel. 

    HIST: 1957 c 503 s 17; 1959 c 586 s 1; 1969 c 1148 s 30-32; 
 1974 c 427 s 1,2; 1978 c 485 s 1-4; 1982 c 379 s 19; 1983 c 301 
 s 157; 1Sp1985 c 13 s 296; 1987 c 70 s 5; 1989 c 335 art 4 s 
 106; 1996 c 305 art 3 s 27; 1Sp2005 c 1 art 4 s 49 

  183.55 Repealed, 1957 c 503 s 24 

     183.56 Exceptions. 

    The provisions of sections 183.38 to 183.62, shall not 
 apply to: 

    (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 
 American Society of Mechanical Engineers 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 183.42; 

    (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 paper-making facilities 
 which are powered by steam generated by municipal steam district 
 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 American Society of Mechanical Engineers stamped safety valve 
 of adequate size, a water level indicator, and a pressure gauge. 

    An engineers license is not required for hot water supply 
 boilers.  

    An engineers 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 or a pressure of 15 p.s.i.g.  

    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. 

    HIST: (5492) RL s 2186; 1919 c 240 s 7; 1955 c 817 s 1; 1957 c 
 503 s 1; 1Sp1981 c 4 art 1 s 92; 1982 c 379 s 20; 1987 c 70 s 6; 
 1987 c 382 s 1; 1991 c 331 s 2; 1992 c 436 s 1 

     183.57 Report of insurer; exemption from inspection. 

    Subdivision 1.    Report required.  Any insurance 
 company insuring boilers and pressure vessels in this state 
 shall file a report showing the date of inspection, the name of 
 the person 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 chief boiler inspector.  Within 
 21 days after the inspection, the insurance company shall file 
 the report with the chief boiler inspector or designee.  The 
 insurer shall provide a copy of the report to the person, firm, 
 or corporation owning or operating the inspected boiler or 
 pressure vessel.  Such report shall be made annually for boilers 
 and biennially for pressure vessels. 

    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 183.375 to 183.62, while the same continues 
 to be insured and provided it continues to be inspected in 
 accordance with the inspection schedule set forth in sections 
 183.42 and 183.45, and the person, firm, or corporation owning 
 or operating the same has an unexpired certificate of 
 registration. 

    Subd. 3.  Repealed, 1957 c 503 s 24 

    Subd. 4. Repealed by amendment, 1Sp2005 c 1 art 4 s 50 

    Subd. 5.    Notice of insurance coverage.  The insurer 
 shall notify the commissioner or designee 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. 

    Subd. 6.    Notice of discontinued coverage.  The 
 insurer shall notify the commissioner or designee 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 5.  This notice shall show the effective date 
 when the discontinued policy takes effect. 

    Subd. 7.    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 120 days after 
 the inspection was due in accordance with section 183.42.  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. 

    HIST: (5493) 1919 c 240 s 8; 1957 c 503 s 18; 1959 c 148 s 1; 
 1969 c 1148 s 33; 1974 c 427 s 3; 1978 c 485 s 5; 1Sp1981 c 4 
 art 1 s 93; 1982 c 379 s 21,22; 1983 c 301 s 158; 1997 c 7 art 1 
 s 88; 1Sp2005 c 1 art 4 s 50 

  183.58 Renumbered 183.505 

     183.59 Violations by inspectors. 

    Every inspector who willfully certifies falsely regarding 
 any boiler or its attachments, or pressure vessel, or the hull 
 and equipments of any steam vessel, or who grants a license to 
 any person to act as engineer, master, or pilot contrary to any 
 provision of sections 183.375 to 183.62, is guilty of a 
 misdemeanor.  In addition to this punishment the inspector shall 
 be removed from office forthwith. 

    HIST: 1957 c 503 s 20; 1979 c 102 s 13; 1Sp1981 c 4 art 1 s 
 94; 1982 c 379 s 23 

     183.60 Violations in construction; repair; sale. 

    Subdivision 1.    Construction violation.  Every person 
 who constructs a boiler, boiler piping, or a pressure vessel so 
 as not to meet the minimum construction requirements of the 
 American Society of Mechanical Engineers boiler and pressure 
 vessel code, and the rules of the Division of Boiler Inspection 
 adopted by the Department of Labor and Industry is guilty of a 
 gross misdemeanor.  

    Subd. 2.    Repair violation.  Every person who repairs 
 a boiler or pressure vessel by welding or riveting so as not to 
 meet the minimum requirements established by the current edition 
 of the National Board of Boiler and Pressure Vessel Inspectors 
 inspection code and the rules of the Division of Boiler 
 Inspection adopted by the Department of Labor and Industry is 
 guilty of a gross misdemeanor.  

    Subd. 3.    Sale violation.  Every manufacturer, jobber, 
 dealer or person selling or offering for sale a boiler or 
 pressure vessel that does not meet the minimum construction 
 requirements of the American Society of Mechanical Engineers 
 boiler and pressure vessel code and the rules of the Division of 
 Boiler Inspection adopted by the Department of Labor and 
 Industry is guilty of a gross misdemeanor.  

    HIST: 1957 c 503 s 21; 1982 c 379 s 24 

     183.61 Violations by those responsible for operation. 

    Subdivision 1.    Violating rules.  Any owner, master, 
 or other person violating any rule prescribed by the Department 
 of Labor and Industry is guilty of a misdemeanor. 

    Subd. 2.    Inspection violation.  Any person who causes 
 to be operated, or operates, any boiler or boat without having 
 the same inspected at least once each year or pressure vessel 
 without having it inspected biennially, and without having the 
 proper engineer or pilot license is guilty of a misdemeanor. 

    Subd. 3.    Boats.  Every owner, lessee, master, or 
 pilot violating any provision of section 183.44 is guilty of a 
 misdemeanor. 

    Subd. 4.    Failure to repair.  Every person operating 
 or causing to be operated any boiler or pressure vessel after it 
 has been examined and found to be unsafe and after the owner or 
 operator thereof has been notified of any defect therein and 
 what repairs are necessary to remedy the defect who fails to 
 comply with the inspector's requirements is guilty of a 
 misdemeanor. 

    Subd. 5.    Section 183.50 violation.  Every person who 
 violates any provision of section 183.50 is guilty of a 
 misdemeanor. 

    Subd. 6.    Insurance reports.  Any insurance company 
 that fails to comply with the requirements of section 183.57 is 
 guilty of a misdemeanor.  

    HIST: 1957 c 503 s 22; 1961 c 560 s 17; Ex1967 c 1 s 6; 1982 c 
 379 s 25; 1985 c 248 s 70 

     183.62 Liability of persons operating boats, boilers or 
  pressure vessels; penalty. 

    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.  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. 

    HIST: (10265) RL s 5003; 1982 c 379 s 26