General Assembly: 82 (2007 Regular GA) - Chapter 135 - Boiler and pressure vessel safety

Published: 2007-05-09

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8. The section of this Act repealing sections 635.3, 635.4, 635.5, 635.6, 635.9, 635.10, 635.12, and 635.14 applies to estates of decedents dying on or after July 1, 2007.

Approved May 9, 2007


CH. 135CH. 135



H.F. 368

AN ACT relating to the boiler and pressure vessel safety program enforced by the division of labor services of the department of workforce development.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 89.3, subsections 3 and 4, Code 2007, are amended by striking the sub- sections.

Sec. 2. Section 89.3, subsection 8, Code 2007, is amended to read as follows: 8. Internal inspections of cast aluminum steam, cast aluminumhotwater heating, sectional

cast iron steam, and cast iron hotwater heating boilers shall be conducted only as deemednec- essary by the commissioner. External operating inspections shall be conducted annually.

Sec. 3. Section 89.3, subsection 9, Code 2007, is amended to read as follows: 9. Internal inspections of steel hot water boilers shall be conducted once every six years.

The initial inspection of all affected boilers shall be apportioned by the commissioner over the six-year period after July 1, 1978. External operating inspections shall be conducted annually.

Sec. 4. Section 89.4, subsection 1, Code 2007, is amended by adding the following newpar- agraph: NEW PARAGRAPH. i. Water heaters used for potable water if the capacity is less than or

equal to fifty gallons, the burner input is less than or equal to fifty thousand British thermal units, and the maximum allowable working pressure is less than one hundred sixty pounds per square inch.

Sec. 5. Section 89.7, Code 2007, is amended by striking the section and inserting in lieu thereof the following: 89.7 SPECIAL INSPECTORS. 1. The inspection required by this chapter shall not bemade by the commissioner if an own-

er or user of equipment specified by this chapter obtains an inspection by a representative of a reputable insurance company and obtains a policy of insurance upon the equipment from that insurance company. 2. The representative conducting the inspection shall be commissioned by the commission-

er as a special inspector for the year during which the inspection occurs and shall meet such other requirements as the commissionermay by rule establish. The commission shall be valid for one year and the special inspector shall pay a fee for the issuance of the commission. The commissioner shall establish the amount of the fee by rule. The commissioner shall establish rules for the issuance and revocation of special inspector commissions. The rules are subject to the requirements of chapter 17A.


3. The insurance company shall file a notice of insurance coverage on forms approved by the commissioner stating that the equipment is insured and that inspection shall be made in accordance with section 89.3. 4. The special inspector shall provide the user and the commissioner with an inspection re-

port including the nature and extent of all defects and violations, in a format approved by the labor commissioner. 5. The failure of a special inspector to inform the commissioner of violations shall not sub-

ject the commissioner to liability for any damages incurred.

Sec. 6. NEW SECTION. 89.7A CERTIFICATES. 1. The commissioner shall issue a certificate of inspection valid for the period specified in

section 89.3 after the payment of a fee, the filing of an inspection report, and the correction or other appropriate resolution of any defects identified in the inspection report. 2. The owner or user of any equipment covered in this chapter, or persons in charge of such

equipment, shall not allow or permit a greater pressure in any unit than is stated in the certifi- cate of inspection issued by the commissioner. 3. The commissioner shall indicate to the user whether or not the equipment may be used

without making repair or replacement of defective parts, or whether or how the equipment may be used in a limited capacity before repairs or replacements are made, and the commis- sioner may permit the user a reasonable time to make such repairs or replacements.

Sec. 7. Section 89.11, Code 2007, is amended to read as follows: 89.11 INJUNCTION. In addition to any and all other remedies, if any owner, user, or person in charge of any

equipment covered by this chapter, shall continue continues to use any equipment covered by this chapter, after receiving a notice of defect an inspection report identifying defects and ex- hausting appeal rights as provided by this chapter, without first correcting the defects ormak- ing replacements, the commissioner may apply to the district court or any judge thereof by petition in equity, in an action brought in the name of the state, for a writ of injunction to re- strain the use of the alleged defective equipment. However, if the commissioner believes that the continued operation of equipment constitutes an imminent danger that could seriously in- jure or cause death to any person, in addition to all other remedies, the commissionermay ap- ply to the district court in the county in which the imminently dangerous condition exists for a temporaryorder to enjoin theowner, user, orperson in chargebefore exhausting administra- tive appeals.

Sec. 8. Section 89.14, subsections 5 and 8, Code 2007, are amended to read as follows: 5. The board shall adopt rules pursuant to chapter 17A necessary to administer the duties

of the board. Rules adopted by the board shall be in accordance with accepted engineering standards and practices. The board shall adopt rules relating to the equipment covered by this chapter that are in accordance with the ASME code, which may include addenda, interpreta- tions, and code cases, as soon as reasonably practical following publication by the American society of mechanical engineers. The board shall adopt rules to require that operation of equipment cease in the event of imminent danger. 8. The board shall establish fees for examinations, commissions, inspections, annual state-

ments, shop inspections, and other services. The fees shall reflect the actual costs and expens- es necessary to operate the board and perform the duties of the commissioner.

Approved May 9, 2007