Revision: May 22, 2010, midnight
HB 1688 – VERSION ADOPTED BY BOTH BODIES
03Mar2010… 0561h
04/21/10 1385s
2010 SESSION
10/04
HOUSE BILL 1688
AN ACT relative to the regulation of the installation and operation of boiler and pressure vessels.
SPONSORS: Rep. Hawkins, Hills 18; Rep. S. Harvey, Hills 21; Rep. McGuire, Merr 8; Rep. F. Holden, Hills 4; Sen. Merrill, Dist 21
COMMITTEE: Executive Departments and Administration
This bill requires the state building code review board to adopt certain code requirements concerning biomass burning boilers which are inspected and subject to enforcement by the department of labor.
This bill is a request of the committee established by SB 98 of the 2009 legislative session to study state regulations governing installation of boilers, pressure vessels, and related high performance HVAC equipment.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03Mar2010… 0561h
04/21/10 1385s
10-2933
10/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to the regulation of the installation and operation of boiler and pressure vessels.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; State Building Code; Biomass Burning Boilers. Amend RSA 155-A by inserting after section 3 the following new section:
155-A:3-a Code Requirements; Biomass Burning Boilers.
I. Notwithstanding any provisions of the state building code or state fire code, the board shall adopt a code and amendments thereto which shall regulate the installation and operation of biomass burning boilers. The code adopted shall include the 1999 EN 303-5 standard established by the European Committee for Standardization, and shall include requirements for the safe installation, operation, and repair of such boilers, and for data plates and warning labels written in English, limits on temperature and pressure with associated relief valves, and the filing of construction and emissions specifications written in English.
II. The inspection procedures and enforcement requirements for the commissioner of labor in RSA 157-A shall apply to boilers installed according to the code and amendments adopted by the board under this section.
III. The code and amendments thereto adopted under paragraph I shall be ratified by appropriate legislation within 2 years of their adoption. If such code and amendments are not ratified, then the code and amendments shall expire at the end of the 2-year period.
2 State Building Code; Administration of Programs; Commissioner of Labor. Amend RSA 155-A:2, XI to read as follows:
XI. No state agency, authority, board, or commission shall modify the state building code, unless approved by the state building code review board pursuant to RSA 155-A. Nothing in this chapter shall affect the statutory authority of the public utilities commission, the commissioner of labor, the state board for the licensing and regulation of plumbers, or the state electricians' board, to administer their respective programs, provided that any changes to codes adopted under the rulemaking authority of these agencies shall not be implemented until approved by the state building code review board.
3 Boiler and Pressure Vessels; Commissioner of Labor; Rules. Amend RSA 157-A:3, I to read as follows:
I. To carry out the purposes of this chapter, the commissioner shall formulate definitions and adopt rules under RSA 541-A consistent with:
(a) The boiler and pressure vessel code of the American Society of Mechanical Engineers and the National Board Inspection Code as published by the National Board of Boiler and Pressure Vessel Inspectors, with the amendments and interpretations thereto[, to carry out the purposes of this chapter.]; and
(b) The code and amendments thereto adopted by the state building code review board pursuant to RSA 155-A:3-a.
I-a. In addition, the commissioner may adopt rules under RSA 541-A to facilitate administration and enforcement of this chapter and RSA 155-A:3-a.
4 Boiler and Pressure Vessel Installation. Amend RSA 157-A:4 to read as follows:
157-A:4 New Boiler and Pressure Vessel Installation. No boiler or pressure vessel which does not conform to the applicable codes and amendments thereto and the rules adopted by the commissioner governing new construction and installation shall be installed and operated in this state unless the boiler or pressure vessel is of special design or construction, and is not inconsistent with the spirit and safety objectives of such codes and rules, in which case a special installation and operating permit may at the commissioner's discretion be granted by the commissioner.
5 Maximum Allowable Pressure. Amend RSA 157-A:5, I and II to read as follows:
I. The maximum allowable pressure of a boiler [carrying the ASME Code symbol] or of a pressure vessel [carrying the ASME or API-ASME Code symbol] shall be determined by the applicable sections of the code, amendments thereto, or rules under which it was constructed and stamped.
II. The maximum allowable pressure of a boiler or pressure vessel which does not carry the ASME or [the] API-ASME Code or EN 303-5 symbol shall be computed in accordance with the inspection code of the National Board of Boiler and Pressure Vessel Inspectors.
6 Effective Date. This act shall take effect 60 days after its passage.
LBAO
10-2933
Amended 04/28/10
HB 1688 FISCAL NOTE
AN ACT relative to the regulation of the installation and operation of boiler and pressure vessels.
FISCAL IMPACT:
The Department of Labor states this bill, as amended by the Senate (Amendment #2010-1385s), may increase state general fund expenditures by an indeterminable amount in FY 2011 and each year thereafter. There is no fiscal impact on county and local expenditures or state, county and local revenue.
METHODOLOGY:
The Department of Labor states this bill requires the state building code review board adopt certain code requirements concerning biomass burning boilers inspected by and subject to enforcement by the Department. Additionally, if the code and amendments are not ratified by appropriate legislation within two years they shall expire at the end of the 2 year period. The Department states this bill establishes a new program where there is no process in place for the inspection of boilers and pressure vessels, issuing of operating certificates or boiler inspection licenses for pellet boilers built to the foreign code. The Department states there may be increased state expenditures associated with the retraining of inspectors in the new code.