CR_11-047 Hearing on proposed rules revising Chapters Comm 41 and 45, relating to boilers and pressure vessels.

Wisconsin Administrative Register No. 670, 10/31/2011

Rule-Making Notices

Notice of Hearing

Safety and Professional Services
(formerly Commerce)

Boilers and Pressure Vessels, Ch. Comm 41
Mechanical Refrigeration, Ch. Comm 45

CR 11-047

NOTICE IS HEREBY GIVEN that pursuant to sections 101.02 (1) and (15) (h) to (j) and 101.17 of the Wisconsin Statutes, the Department of Safety and Professional Services will hold a public Hearing on proposed rules under Chapters Comm 41 and 45 , relating to boilers and pressure vessels.

Hearing Information

The public Hearing will be held as follows:

Date:   Friday, November 11, 2011

Time:   10:00 A.M.

Location:   Room 121C
  1400 East Washington Avenue
  Madison, WI 537

This Hearing will be held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the Hearing, please call Sam Rockweiler at [phone] or at Contact Through Relay at least 10 days prior to the Hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.

Appearances at the Hearing and Submittal of Written Comments

Interested persons are invited to appear at the Hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing, via e-mail. Persons submitting comments will not receive individual responses. The Hearing record on this rulemaking will remain open until November 14, 2011 , to permit submittal of written comments from persons who are unable to attend the Hearing or who wish to supplement testimony offered at the Hearing. E-mail comments should be sent to [e-mail] . If e-mail submittal is not possible, written comments may be submitted to Sam Rockweiler, Department of Safety and Professional Services, P.O. Box 14427, Madison, WI 53708-0427.

Copies of Proposed Rule

The proposed rules and an analysis of them are available on the Internet at the Safety and Buildings Division Web site at: http://dsps.wi.gov/sb/SB-HomePage.html . Paper copies may be obtained without cost from Sam Rockweiler at the Department of Safety and Professional Services, P.O. Box 14427, Madison, WI 53707, or at [e-mail] , or at telephone [phone], or at Contact Through Relay. Copies will also be available at the public Hearing.

Analysis Prepared by the Department of Safety and Professional Services

Statutes interpreted

Sections 101.02 (1) and (15) (h) to (j) , and 101.17 .

Statutory authority

Sections 101.02 (1) and (15) (h) to (j) , 101.17 , and 227.11 (2) (a) .

Explanation of agency authority

Under sections 101.02 (1) and (15) (h) to (j) of the Statutes, the Department is required to establish rules and prescribe safeguards for protecting the life, health, safety and welfare of employees and frequenters of public buildings and places of employment. Under section 101.17 of the Statutes, installation and use of machines, mechanical devices and steam boilers must comply with the rules of the Department. The Department also has authority under section 227.11 (2) (a) of the Statutes to promulgate rules interpreting any statute that is enforced or administered by the Department, if the rule is considered necessary to effectuate the purpose of the statute.

Related statute or rule

Most of the boilers and pressure vessels that are addressed by the proposed rule changes are within public buildings and places of employment, which are addressed by the Wisconsin Commercial Building Code, which consists of chapters Comm 61 to 66. Some of the pressure vessels that are addressed by the proposed rule changes are in mechanical refrigeration systems, which are addressed in chapter Comm 45.

Plain language analysis

Chapter Comm 41 contains Wisconsin's minimum safety standards for design, construction, installation, operation, inspection, testing, maintenance, repair and alteration of boilers, pressure vessels, power piping and solid-fuel-fired water-heating appliances that are installed for public buildings, places of employment, and one- or two-family dwellings.

The proposed changes would primarily update this chapter to have it include newer editions of several referenced national model codes and standards from the American Society of Mechanical Engineers (ASME) and the National Board of Boiler and Pressure Vessel Inspectors – such as the ASME Boiler and Pressure Vessel Code . The changes also include newly adopting two additional, closely related industry-consensus safety standards: ASME CSD-1, for controls and safety devices for automatically fired boilers having fuel-input ratings of 400,000 or more Btu per hour; and NFPA ® 55, for compressed gases and cryogenic fluids. Consent to adopting the referenced standards will be obtained from the Attorney General prior to incorporating the standards into the rules.

The changes would also discontinue applying ASME nuclear power plant requirements that differ from the requirements applied by the federal Nuclear Regulatory Commission. The changes would also clarify and refine some of the administrative elements of the chapter, such as how authorized agents and insurance companies can participate in enforcing the chapter. Overall, the changes would essentially make this chapter consistent with current, nationwide industry standards and practices for boilers and pressure vessels.

Summary of, and comparison with, existing or proposed federal regulations

The federal Nuclear Regulatory Commission has regulations for construction, operation, inspection and licensing of nuclear power plants in Parts 50.55a to 50.57 of Title 10 of the Code of Federal Regulations (CFR). An Internet-based search indicated that the current edition of these regulations is dated January 1, 2011, and this edition applies various requirements developed by ASME for the boilers and pressure vessels in these facilities.

An Internet-based search revealed that on March 10 to 12, 2011, the Advisory Committee on Reactor Safeguards held its 581 st meeting and agreed to proposed final revisions for the next edition of 10 CFR 50.55 a.

Comparison with rules in adjacent States

An Internet-based search found that the four adjacent states adopt by reference the following editions and addenda of the ASME Boiler and Pressure Vessel Code and related standards. These states also create amendments to the adopted standards similar to Wisconsin's administrative rules for boilers and pressure vessels.

a. The Illinois Office of the State Fire Marshal, Division of Boiler and Pressure Vessel Safety regulates the construction, installation, operation, inspection and repair of boilers and pressure vessels throughout the state of Illinois. The Illinois boiler and pressure vessel safety rules are similar to the requirements in the Wisconsin Boiler and Pressure Vessel Code, including the Illinois incorporation by reference of the ASME Boiler and Pressure Vessel Code (2007 edition), ASME CSD-1 (2004 edition) and the National Board Inspection Code (2007 edition).

b. The Iowa Department of Workforce Development, Division of Labor Services administers and enforces the Boilers and Unfired Pressure Vessels Chapter of the Iowa Code. That chapter requires new installations of boilers and pressure vessels to be designed, manufactured, installed, inspected and stamped in accordance with the applicable requirements of the ASME Boiler and Pressure Vessel Code (2007 edition with 2008a and 2009b addenda); ASME CSD-1 (2009 edition); ASME B3l.l Power Piping (2007 edition); and the National Board Inspection Code (2007 edition with 2008, 2009 and 2010 addenda).

c. The Michigan Department of Licensing and Regulatory Affairs, Boiler Division administers the Michigan Boiler Rules. The rules are similar to the Wisconsin rules and establish minimum standards of safety for the construction, installation, inspection, use, alteration and repair of boilers, with limited rules for specified pressure vessels. The rules adopt the ASME Boiler and Pressure Vessel Code (2007 edition and 2008a addenda), ASME B3l.l Power Piping (2007 edition), and the National Board Inspection Code (2007 edition).

d. The Minnesota Department of Labor and Industry, Division of Construction Codes and Licensing administers rules that address the manufacture, installation, repair, operation, safety and inspection of boilers, pressure vessels and appurtenances. The rules also contain provisions for licensing of boiler operators, and include minimal requirements for hobby boilers (steam traction engines). The rules are similar to the Wisconsin rules and incorporate the most recent editions and addenda of the ASME Boiler and Pressure Vessel Code and the National Board Inspection Code .

Summary of factual data and analytical methodologies

The methodology for this update of chapter Comm 41 consisted primarily of reviewing and assessing the latest editions of the national model codes and standards that serve as the basis for the chapter. In reviewing these latest editions, Department staff concluded that these codes and standards are clearer and provide more detail than the current requirements and standards in Comm 41, and would not impose significant additional costs or other impacts on a substantial number of businesses. The Department's Boiler and Pressure Vessel Code Advisory Council then agreed with these conclusions. The members of that Council represent the many stakeholders involved in the boiler and pressure vessel industry including manufacturers, inspectors, building contractors, regulators, labor, insurance and the public. The following organizations are represented on the Council:

American Insurance Association

Boiler and Pressure Vessel Repairers Association

City of Milwaukee

HSB Global Standards

Plumbing, Mechanical and Sheet Metal Contractors Alliance

Wisconsin Boiler Inspector's Association

Wisconsin Historical Steam Engine Association

Wisconsin Manufacturers & Commerce

Wisconsin Pipe Trades Association

Wisconsin Utilities Association

The Department believes the referenced national model codes and standards reflect contemporary societal values with respect to protecting public health, safety and welfare in the design, construction, use, operation and maintenance of boilers and pressure vessels in commercial and public buildings and places of employment. For example, the ASME Boiler and Pressure Vessel Code is kept current by the ASME Boiler and Pressure Committee, which was established 100 years ago in response to boiler accidents that were causing upwards of 50,000 deaths annually. The Committee now consists of more than 950 engineers, and meets regularly to consider requests for interpretations and revisions and to develop new rules. In the formulation of its rules and in the establishment of maximum design and operating pressures, the Committee considers ongoing advances in materials, construction, methods of fabrication, inspection, certification and overpressure protection. The ASME Boiler and Pressure Vessel Code is now adopted in part or in its entirety by all 50 states and numerous municipalities and territories of the United States, and by all the provinces of Canada. More than 92,000 copies of the Code are in use in over 100 countries, and this use is supported by ASME, which now includes more than 120,000 members in over 150 countries worldwide.

Wisconsin first adopted rules that were consistent with the ASME Boiler and Pressure Vessel Code in 1915, and has routinely adopted the latest edition of this code by reference since 1956. Keeping Wisconsin's requirements consistent with this industry standard avoids having manufacturers, suppliers, inspectors and insurers of the regulated equipment face a regulatory environment here that differs from their practices elsewhere.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report

The Department used its Boiler and Pressure Vessel Code Advisory Council to gather and analyze information on potential impacts in complying with both the technical and administrative requirements of the proposed rules. A responsibility of council members is to bring forth any concerns that their respective organizations may have with the current and proposed requirements, and any concerns for potential economic impacts.

In addition to posting rule-development and council activities on its Web site, the Department offers an e-mail subscription service, which is available to all small businesses. This service provides e-mail notification of council meetings, meeting agendas and Council-meeting progress reports so small businesses can follow proposed code changes.

Consideration of the potential effects on small business was based on guidelines produced by the federal Small Business Administration's Office of Advocacy.

Effect on Small Business

The proposed changes are not expected to impose significant additional costs or other impacts on a substantial number of businesses because the primary effect of the changes is to make chapter Comm 41 consistent with current, nationwide industry standards and practices for boilers and pressure vessels.

Initial regulatory flexibility analysis

1.   Types of small businesses that will be affected by the rules.

Any business involved with the design, construction, installation, operation, inspection, testing, maintenance, repair and alteration of boilers and pressure vessels that are installed for public buildings or places of employment.

2.   Reporting, bookkeeping and other procedures required for compliance with the rules.

The rule revisions would not require any new reporting or other bookkeeping. They would clarify that reports for both installation and periodic inspections are sent to the Department primarily through its electronic data interchange transfer system. They would apply the current timeframes for filing periodic-inspection reports to both installation and periodic inspections, rather than only periodic inspections. They would also reduce the application of the accident-reporting requirements to only where injuries occur that need more than first aid treatment.

3.   Types of professional skills necessary for compliance with the rules.

No new professional skills would be needed.

4.   Rules have a significant economic impact on small businesses.

No. Rules not submitted to Small Business Regulatory Review Board.

Small business regulatory coordinator

The small business regulatory coordinator for the Department of Safety and Professional Services is John Murray, who may be contacted at telephone [phone], or Email at [e-mail] .

Environmental Analysis

Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.

Agency Contact Information

Sam Rockweiler, Wisconsin Department of Safety and Professional Services, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI, 53708-0427; telephone [phone]; e-mail [e-mail] .

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA 2049 (R 07/2011) ADMINISTRATIVE RULES FISCAL ESTIMATE AND ECONOMIC IMPACT ANALYSIS
Type of Estimate and Analysis
X Original Updated Corrected
Administrative Rule Chapter, Title and Number
Comm 41, Boilers and Pressure Vessels; and Comm 45, Mechanical Refrigeration
Subject
Boilers, pressure vessels and power piping
Fund Sources Affected			Chapter 20 , Stats. Appropriations Affected
GPR FED X PRO PRS SEG SEG-S			None
Fiscal Effect of Implementing the Rule
X No Fiscal Effect Indeterminate	Increase Existing Revenues Decrease Existing Revenues		Increase Costs Could Absorb Within Agency's Budget Decrease Costs
The Rule Will Impact the Following (Check All That Apply)
State's Economy Local Government Units		Specific Businesses/Sectors Public Utility Rate Payers
Would Implementation and Compliance Costs Be Greater Than $20 million? Yes X No
Policy Problem Addressed by the Rule
The industry standards that are adopted by reference in chapter Comm 41 are out-of-date because the sponsoring organizations have replaced them with newer editions.
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
The proposed rule revisions would not impose significant additional costs or other impacts on a substantial number of businesses.
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Keeping Wisconsin's requirements consistent with current industry standards avoids having manufacturers, suppliers, inspectors and insurers of the regulated equipment face a regulatory environment here that differs from their practices elsewhere.
Long Range Implications of Implementing the Rule
No adverse impacts are expected, and any uncertainties that could otherwise result by being inconsistent with corresponding regional and national-level practices will be avoided.
Compare With Approaches Being Used by Federal Government
The proposed rules for nuclear power plants would achieve consistency with the requirements applied by the Nuclear Regulatory Commission.
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )
Minnesota already applies the latest edition of the ASME Boiler and Pressure Vessel Code , and the other 3 neighboring states are expected to soon do so as well.
Name and Phone Number of Contact Person
Sam Rockweiler, 608.266.0797