Current through Register Vol. 48, No. 9, September 27, 2024
A. Minimum
Construction Standards for Boilers
1. All new
boilers installed and operated in South Carolina, unless otherwise exempted,
shall be designed and constructed in accordance with the ASME Code or a
nationally recognized Code of Construction accepted by South Carolina. All new
boilers installed in South Carolina shall be marked in accordance with the Code
of Construction and shall be registered in accordance with NB-264, Criteria for
Registration of Boilers, Pressure Vessels and Other Pressure-Retaining Items,
or listed in accordance with NB-265, Criteria for Listing of Boilers, Pressure
Vessels and Other Pressure-Retaining Items Not Registered with the National
Board. Pressure-relieving devices shall be constructed to the ASME Code and
certified by the National Board in accordance with NB-500, Criteria for
Certification of Pressure Relief Devices. Copies of registration or listing
documents shall be provided to the chief boiler administrator when
requested.
2. State Special - a
boiler that is of special design and construction where the owner has
demonstrated that the special design and construction will provide an
equivalent degree of safety to that of conformance with these
regulations.
3. An application for
permission to install a second hand boiler shall be filed before the owner or
user installs the boiler with the chief boiler administrator and his/her
approval obtained.
B.
Frequency of Inspections of Boilers
1. Except
as permitted in (a.) below, power boilers and high-temperature water boilers
shall receive an inspection annually which shall be an internal inspection
where construction permits; otherwise, it shall be as complete an inspection as
possible. Such boilers shall also be inspected externally annually while under
normal operating conditions.
a. Alternative
internal inspection requirements:
i. Fully
attended power boilers and high-temperature boilers are extended to thirty-six
(36) months provided that the following requirements are met:
(a) Continuous boiler water treatment under
the direct supervision of persons trained and experienced in water treatment
for the purpose of controlling and limiting corrosion and deposits.
(b) Record-keeping available for review,
showing:
(1) The date and time the boiler is
out of service and the reason therefore.
(2) Daily analysis of water samples that
adequately show the conditions of the water and elements or characteristics
that are capable of producing corrosion or other deterioration to the boiler or
its parts.
(c) Controls,
safety devices, instrumentation, and other equipment necessary for safe
operation are up-to-date, in service, calibrated, and meet the requirements of
an appropriate safety code for that size boilers, such as NFPA 85, ASME CSD-1
Controls and Safety Devices for Automatically Fired Boilers, National Board
Inspection Code ANSI/NB-23, jurisdictional requirements, and are not
compromised.
2. Low-pressure boilers, water heaters, and
hot water storage tanks covered by these rules and regulations shall receive an
inspection biennially.
a. Steam or vapor
boilers shall have an external inspection and an internal inspection every two
years where construction permits;
b. Hot water heating and hot water supply
boilers shall have an external inspection biennially and, where construction
permits, an internal inspection at the discretion of the inspector;
c. Water heaters, including hot water storage
tanks, shall have an external inspection every two years, which shall include
the function of all controls and devices.
3. Based upon documentation of actual service
conditions by the owner or user of the operating equipment, the Department of
Labor, Licensing and Regulation may, in its discretion, permit variations in
the inspection frequency requirements as provided in the Act.
4. Historical boilers, defined as steam
boilers of riveted construction, preserved, restored, or maintained for hobby
or demonstration use, shall be subjected to an initial inspection followed by
an inspection every three (3) years thereafter if stored inside a shelter and
annually if stored outdoors. The initial inspection shall include ultrasonic
thickness testing of all pressure boundaries. All thinned areas shall be
monitored and recorded on the inspection report.
C. Notification of Inspection
1. Inspections shall be carried out at a time
mutually agreeable to the inspector and owner or user.
2. The inspector may perform external
inspections during reasonable hours and without prior notification.
3. When, as a result of external inspection
or determination by other objective means, it is the inspector's opinion that
continued operation of the boiler constitutes a menace to public safety, the
inspector may request an internal inspection or an appropriate pressure test,
or both, to evaluate conditions. In such instances, the owner or user shall
prepare the boiler, pressure vessel or nuclear system for such inspections or
tests as the inspector may designate.
D. Examination for a Special Inspector's
Certificate
1. An applicant for certification
as a special inspector shall have qualifications as required by S.C. Code
Section
41-14-80.
Examination may be taken at any site approved by the National Board of Boiler
and Pressure Vessel Inspectors.
2.
The request for certification as a Special Inspector shall be completed on
forms to be provided by the Department.
3. Each Special Inspector's certificate shall
remain in effect until cancelled by the Department so long as the national
commission (or other underlying state commission) is current. Failure to
respond to a request for commission information shall result in immediate
cancellation of the certificate.
E. Conflict of Interest
An inspector shall not engage in the sale of any services,
article or device relating to boilers, pressure vessels, or their
appurtenances.
F. Initial
Inspection Reports to be Submitted by Special Inspectors or by the insurer:
1. Special Inspectors or the insurer shall
submit an initial inspection report on a form approved by the department (or on
a Form NB-5). The owner must have a special inspector or insurer submit this
report within one year of the effective date of these rules and
regulations.
2. Inspection reports
shall be submitted within 30 days from date of completion of the
inspection.
3. The Special
Inspector or insurer shall forward a copy of the inspection report to the
boiler user location within 30 days from the date of inspection. If the boiler
fails the inspection, the Special Inspector or insurer shall submit a report to
the boiler user location within 10 days of the inspection.
4. To initially register the boiler, the
Special Inspector or insurer shall affix a department issued boiler
registration number. The registration number shall be placed in a conspicuous
position and visible to any inspector.
G. Special Inspectors to Notify Chief Boiler
Administrator of Unsafe Boilers
If a special inspector finds a boiler to be unsafe for
further operation, the special inspector shall promptly notify the owner or
user, stating what repairs or other corrective measures are required to bring
the object into compliance with these rules and regulations. Unless the owner
or user makes such repairs or adopts such other corrective measures promptly,
the special inspector shall immediately notify the chief boiler administrator
who may issue a written order for the temporary cessation of operation of the
boiler. When re-inspection establishes that the necessary repairs have been
made or corrective actions have been taken and that the boiler is safe to
operate, the chief boiler administrator shall be notified. At that time, the
order for temporary cessation of operation will be rescinded.
H. Defective Conditions Disclosed at Time of
External Inspection
If, upon an external inspection, there is evidence of a leak
or crack, sufficient covering of the boiler shall be removed to permit the
inspector to satisfactorily determine the safety of the boiler. If the covering
cannot be removed at that time, he/she may order the operation of the boiler
stopped until such time as the covering can be removed and proper examination
made.
I. Owner or User to
Notify Chief Boiler Administrator of Accident
When an accident occurs to a boiler which results in personal
injury to any person or results in the emergency shut-down of the boiler, the
owner or user shall promptly notify the chief boiler administrator and submit a
detailed report of the accident. In the event of a personal injury or any
explosion, notice shall be given immediately by telephone, or accepted means of
electronic communication, and neither the boiler nor any parts thereof, shall
be removed or disturbed before permission has been given by the Department of
Labor, Licensing, and Regulation, except for the purpose of saving human life
and limiting consequential damage. If the Department of Labor, Licensing, and
Regulation cannot respond within 6 hours, the owner can proceed with repairs,
but must document the as found conditions.
J. Filing of Subsequent Inspection Reports
1. If a boiler after inspection is found to
be suitable and to conform to these rules and regulations, the owner or user
shall file a copy of the inspection report or the certificate of insurance,
which contains evidence identifying each boiler that was inspected and
approved. Identifying evidence must include the boiler's national number, state
number and physical location. This report may be made in an electronic format
accepted by South Carolina or may be on a form approved by the department or on
a Form NB-6 or 7.
2. The owner
shall submit a filing fee in the amount of twenty five_dollars per boiler.
Checks and money orders for payment of inspection report fees shall be made
payable to the Department of Labor, Licensing and Regulation - Boiler Safety
Program.
K.
Stamping/Restamping of Boilers
1. The
stamping shall not be concealed by lagging or paint and shall be exposed at all
times unless a suitable record is kept of the location of the stamping so that
it may be readily uncovered at any time this may be desired.
2. When the stamping on a boiler becomes
indistinct, the inspector shall instruct the owner or user to have it
re-stamped. Request for permission to re-stamp the boiler shall be made to the
chief boiler administrator and proof of the original stamping shall accompany
the request. The chief boiler administrator may grant such authorization.
Re-stamping authorized by the Department of Labor, Licensing and Regulation
shall be done only in the presence of a person holding a National Board
Commission and shall be identical with the original stamping except for the
ASME Code symbol stamp. Notice of completion of such stamping shall be filed
with the chief boiler administrator by the inspector who witnessed the stamping
on the boiler together with a facsimile of the stamping applied.
L. Condemned Boilers
Any boiler having been inspected and declared unfit for
further service by an inspector shall be stamped by the chief boiler
administrator on either side of the South Carolina identification number with
the letters "XXX" as shown by the preceding facsimile, which will designate a
condemned boiler.
M.
Reinstallation of Boilers Moved Outside the Jurisdiction
When a standard boiler located within South Carolina is to be
moved outside the state for temporary use or for repair, alteration, or
modification, application shall be made by the owner or user to the chief
boiler administrator for permission to reinstall the boiler in South Carolina.
When a nonstandard boiler is removed from South Carolina, it shall not be
reinstalled within the state.
N. Installation of Used or Secondhand Boilers
Before a used or secondhand boiler may be shipped for
installation in South Carolina, an inspector holding a valid National Board
commission must make an inspection, and the owner or user of the boiler shall
file data submitted by him/her with the chief boiler administrator and with the
local building official. Such boilers when installed in South Carolina shall be
equipped with fittings and appurtenances that comply with the rules and
regulations for new installations.
O. Reinstalled Boilers
When a stationary boiler is moved and reinstalled within
South Carolina, the attached fittings and appurtenances shall comply with these
rules and regulations for new installations.
P. Working Pressure for Existing
Installations
Any inspector may decrease the working pressure on any
existing installation if the condition of the boiler warrants it. If the owner
or user does not concur with the inspector's decision, the owner or user may
appeal to the Department.
Q. Safety Appliances
1. No person shall attempt to remove or do
any work on any safety appliance prescribed by these rules and regulations
while the appliance is subject to pressure.
2. Should any of these appliances be removed
for repair during an outage of a boiler or pressure vessel, they must be
reinstalled and in proper working order before the object is again placed in
service.
3. No person shall alter
any safety or safety relief valves or pressure relief devices in any manner to
maintain a working pressure in excess of that stated on the report of the
boiler or pressure vessel inspection.
R. Application of Serial Numbers
1. Upon completion of the installation of a
boiler, or at the time of the initial inspection of an existing installation,
each boiler shall be identified by a number unique to that item.
S. Variations
1. Any person who believes the boiler safety
standards promulgated by the Department impose an undue burden upon the owner
or user may request a variation from such rule or regulation. The request for
variation shall be in writing and shall specify how equivalent safety is to be
maintained. The Department, after investigation and such hearing as it may
direct, may grant such variation from the terms of any rule or regulation
provided such special conditions as may be specified are maintained in order to
provide equivalent safety.
2. A
copy of the application for variation shall be given by the owner or use to
affected employees and to the local fire authority, who shall be given adequate
opportunity to respond in writing and to appear and offer evidence at any
hearing.
3. When there is a reason
to believe, or upon receipt of a complaint that a variation does not provide
freedom from danger equivalent to the published rule or regulation, the
Department after notice to the owner or user to the complainant and to the
affected employees and the local fire authority and after such hearing and
investigation as it may direct, may continue to reaffirm, suspend, revoke, or
modify the conditions specified in any variation. No declaration, act, or
omission of the Department, chief boiler administrator, or special inspectors,
other than a written order authorizing a variation as permitted above, shall be
deemed to exempt, either wholly or in part, expressly or implied, any owner or
user from full compliance with the terms of any rule or regulation.
T. Temporary or Leased Boilers
The owner of a leased boiler shall provide to any person who
leases it, documentation that the boiler is registered in accordance with
NB-264 or 265 and a copy of its most recent inspection report, showing that it
has been inspected according to the frequency provided in the act. South
Carolina will recognize inspection reports by inspectors with valid commission
from other jurisdictions.
