Proposed Rules Title 16

TITLE 16. ECONOMIC REGULATION

PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

CHAPTER 65. BOILERS

The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 65, Subchapter A, §65.2; Subchapter C, §§65.12 - 65.15; Subchapter D, §65.25 and §65.26; Subchapter F, §65.40 and §65.41; Subchapter H, §65.50; Subchapter I, §§65.60 - 65.63; Subchapter J, §65.70 and §65.71; Subchapter K, §65.83 and §65.86; Subchapter M, §65.101; Subchapter N, §§65.200, 65.206, and 65.217; Subchapter O, §65.300; Subchapter P, §65.401; new Subchapter S, Technical Requirements, amendments to §§65.607 - 65.609, 65.611, 65.612, and 65.614; new rules at Subchapter K, §65.87; and Subchapter R, §§65.550 - 65.552, 65.555, 65.556, 65.559, and 65.560; and the repeal of existing rules at Subchapter B, §65.8; Subchapter L, §65.90 and §65.91; Subchapter M, §65.104; and existing Subchapter R, §§65.600 - 65.604, regarding the Boiler program. These proposed changes are referred to as "proposed rules."

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC, Chapter 65, implement Texas Health and Safety Code, Chapter 755, Boilers.

The proposed rules make twelve discrete changes to improve standards for and regulation of boilers and those who install, operate, maintain, and inspect them. The amendments originate with staff and the Board of Boiler Rules members and are authorized by the boiler enabling act.

The new and amended rules promote equipment safety and compliance. They include more detailed requirements for installing boilers and reporting their installation; installing blow-down equipment where needed and required; replacing and plugging boiler tubes; provide an option for remote monitoring of carbon monoxide levels in boiler rooms; and add a requirement for a visual display to carbon monoxide detectors if absent.

Other new and amended rules to enhance safety address National Fire Protection Association compliance; safety of the physical conditions of the premises for inspectors; and detailed requirements for preservation of the scene of boiler accidents to aid investigation and determine causes of malfunction.

To provide for more efficient and effective regulation, new rule requirements include clarifying the responsibilities of Authorized Inspection Agencies (AIA) to timely conduct required inspections and imposing the new late inspection fee on them as appropriate; prohibiting inspectors from installing boilers to prevent conflicts of interest; and removing minor or infrequently assessed fees. These amendments replace the late renewal fee with a fairer late inspection fee and a presumption of operation after expiration of the certificate of operation. The fee change for late inspections accompanies the removal of the referral fee for a department inspection when the owner fails to obtain an inspection. The late inspection fee is expected to increase compliance with the required frequency of boiler inspections, resulting in improved safety and more proportionate consequences for noncompliance.

Finally, the department has made edits throughout the rules to correct and update citations, cross-references, grammar, capitalization, and usage to improve accuracy, readability, and consistency in the rule text. These are hence referred to collectively as "nonsubstantive edits" for brevity.

Advisory Board Recommendations

The proposed rules were presented to and discussed by the Board of Boiler Rules at its meeting on April 10, 2024. The Board made changes to the proposed rules in §65.555 to clarify the technical requirements for blowdown and added a requirement that blowdown separators or tanks be registered with the National Board of Boiler and Pressure Vessel Inspectors. The Advisory Board voted and recommended that the proposed rules with these changes be published in the Texas Register for public comment.

SECTION-BY-SECTION SUMMARY

The proposed rules amend §65.2, Definitions, to add definitions for blowdown separators, blowdown tanks, and blowdown water; clarify the definition of "install;" make numerous nonsubstantive edits; and renumber the section.

The proposed rules repeal §65.8, Registration--Authorized Inspection Agency Without NB-360 Accreditation, because the National Board has retired this accreditation.

The proposed rules amend §65.12, Boiler Registration and Certificate of Operation Required, to add that the issuance of a certificate of operation triggers the obligation to remain in compliance, to timely conduct the required inspections, and that continued operation is presumed during the term of the certificate. The section is edited for clarity.

The proposed rules amend §65.13, Boiler Installation, to require submission of the installation report upon completion of installation instead of within 30 days after installation, and to prohibit operation or test-firing before the first inspection unless the installation was conducted in compliance with the rules, the installation report has been submitted, and a temporary operating permit has been approved.

The proposed rules amend §65.14, Inspector Commissions, to make a nonsubstantive edit.

The proposed rules amend §65.15, Boiler Certificate of Operation, to add the condition that unpaid invoices associated with a boiler must be paid before the boiler is eligible for a certificate of operation. The section is renumbered, and the section heading is updated.

The proposed rules amend §65.25, Authorized Inspector--Eligibility Requirements and §65.26, Commission-Renewal and Reinstatement, to make non-substantive edits.

The proposed rules amend §65.40, Authorized Inspector--Commission Card, to simplify and clarify the requirements for obtaining and using commission cards.

The proposed rules amend §65.41, Reissuance after Reemployment, to simplify and clarify the requirements for reissuance of a commission card when changing employers. The section heading is amended.

The proposed rules amend §65.50, Inspectors--Prohibited Conflicts of Interest, to prohibit inspectors and inspection agencies from installing boilers or inspecting boilers installed by other inspectors or inspection agencies due to the inherent conflict of interest.

The proposed rules amend §65.60, External Inspection, to make a non-substantive edit.

The proposed rules amend §65.61, Inspection of All Boilers Required, to subject owners, operators, and Authorized Inspection Agencies that are responsible for a boiler to the late inspection fee for failure to conduct the certificate inspection before the certificate of operation expires. Operation beyond expiration of the certificate is presumed. AIAs are required to timely conduct inspections for boilers for which they are responsible. AIAs that are not responsible for a boiler at the time the certificate expires, and those agencies denied access to inspect, are not made responsible for the late inspection fee for failure to conduct the inspection timely. The late inspection fee is made applicable to boilers for which the certificate of operation expires one year or more after the adoption of these rule amendments.

The proposed rules amend §65.62, Notice of Inspection to Owners or Operators of Boilers, to clarify that owners or operators must make boilers available for inspection when notified by the inspector.

The proposed rules amend §65.63, Inspection of Portable Boilers, to make nonsubstantive edits.

The proposed rules amend §65.70, Texas Boiler Numbers--Required, to clarify requirements related to the identification number tag attached to each boiler during its first inspection.

The proposed rules amend §65.71, Texas Boiler Number--Placement on Boiler, to make nonsubstantive edits.

The proposed rules amend §65.83, Boiler Accidents, to clarify and add details about the actions to take and the items to preserve and protect from disturbance following a serious accident until an inspection and investigation are conducted.

The proposed rules amend §65.86, Authorized Inspection Agencies Reporting Requirements, to remove mention of the obsolete NB-360 authorization.

The proposed rules add new §65.87, Boiler Installation Reporting Requirements, to add the updated requirement for the owner, operator, or installer to submit the boiler installation report upon completion of the installation of a boiler.

The proposed rules repeal §65.90, Commissions--Authorized Inspector, because the requirements in this section are obsolete or appear in §§65.14, 65.26, 65.40, and 65.41.

The proposed rules repeal §65.91, Overdue Boiler Inspection--Authorized Inspection Agency Referral, because the Department will no longer refer boilers for which the inspection is past due to another AIA but will instead impose the late inspection fee.

The proposed rules amend §65.101, Board of Boiler Rules--Membership; Presiding Officer, to update the requirements for presiding officer participation consistent with the Act, and to amend the section heading.

The proposed rules repeal §65.104 because the Boiler Board rules in §65.101 are being amended to include the relevant requirement.

The proposed rules amend §65.200, New Boiler Installations, to clarify and update requirements consistent with other updates in the chapter regarding installation, inspection, and operation, and to add the presumption of continued operation past expiration of the certificate of operation unless the owner, operator, or AIA demonstrates otherwise.

The proposed rules amend §65.206, Boiler Room, to add the requirement to install a display on any carbon monoxide detector that is not so equipped. The amended rule also provides for the choice to use a remote monitoring system provided certain alarm and interlock conditions are met. The section is renumbered.

The proposed rules amend §65.217, Variance, to make nonsubstantive edits.

The proposed rules amend §65.300, Fees, to clarify that the owner or operator is responsible for the fee to file boiler installation reports. Additional amendments remove the late renewal fee, the fee for reissuance of a commission card, the fee for overdue boiler inspections, and make nonsubstantive edits. The rule specifies that any due or past due amounts must be paid with the fee for a certificate of operation. The late inspection fee is imposed and is limited to $25 per day for the first 30 days following expiration of the certificate of operation. The daily fee increases at the 31st day and the 61st day after expiration of the certificate of operation until the inspection is conducted.

The proposed rules amend §65.401, Sanctions, to impose the late inspection fee for boilers not inspected before the expiration of the certificate of operation, and to make nonsubstantive edits.

The proposed rules amend the heading of Subchapter R, Technical Requirements, to Subchapter R, Basic Technical Requirements, which now encompasses all sections from new §65.550 and ending with new §65.560. Sections 65.550, 65.551, 65.552, 65.556, and 65.559 were formerly §§65.600, 65.601, 65.602, 65.603, and 65.604, respectively, which are proposed for repeal and inclusion with these new section numbers as described in the following. New sections with all new requirements are §65.555 and §65.560.

The proposed rules add new §65.550, Conditions Not Covered by Rules, which is the repealed former §65.600, Conditions Not Covered by Rules, with no substantive changes made.

The proposed rules add new §65.551, General Safety, which is the repealed former §65.601, General Safety, but with new additional requirements for the owner or operator to maintain a safe work environment for access and inspection of a boiler, and which clarifies and updates the procedures for an inspector and the department to follow if the conditions or the boiler itself are unsafe.

The proposed rules add new §65.552, Chimneys and Vents, which is the repealed former §65.602, Chimneys and Vents, with no substantive changes made.

The proposed rules create new §65.555, Boiler Blowdown, which adds requirements to install blowdown separators or blowdown tanks to ensure that the temperature and pressure of the water does not exceed safe levels when discharged from a power boiler into a sanitary sewer. Requirements for design, standards, construction, and registration with the National Board of Boiler and Pressure Vessel Inspectors are included, as is a requirement for compliance with the new requirements no later than six months after the adoption of the rule.

The proposed rules add new §65.556, Boiler Room Ventilation, which is the repealed former §65.603, Boiler Room Ventilation, with no substantive changes made.

The proposed rules add new §65.559, Location of Discharge Outlets, which is the repealed §65.604, Location of Discharge outlets, with no substantive changes made.

The proposed rules create new §65.560, Boiler and Combustion Systems Hazards Code, to add requirements for compliance with National Fire Protection Association Code Book 85 for certain specified types of boilers, pulverized fuel systems, and steam generators.

The proposed rules would repeal existing §§65.600, 65.601, 65.602, 65.603, and 65.604 and repropose them with additional requirements and nonsubstantive edits as described above, in existing Subchapter R, as new §§65.550, 65.551, 65.552, 65.556, and 65.559.

The proposed rules add the new Subchapter S., Technical Requirements, which encompasses all existing sections from §65.605 to §65.615, the end of the boiler rules. These sections were formerly in Subchapter R. They are not renumbered and proposed changes to some sections are described in the following.

The proposed rules amend §65.607, Power Boilers, Excluding Unfired Steam Boilers and Process Steam Generators; §65.608, Unfired Steam Boilers; §65.609, Process Steam Generators; and §65.611, Heating Boilers, to correct cross-references and to make nonsubstantive edits.

The proposed rules amend §65.612, Repair and Alterations, to add requirements for replacing and plugging boiler tubes on certain boilers and to add qualifications for persons performing the activities, to ensure safety. Renumbering and nonsubstantive edits are also made in the section.

The proposed rules amend §65.614, Authority to Set and Seal Safety Appliances, to make nonsubstantive edits.

FISCAL IMPACT ON STATE GOVERNMENT

Tony Couvillon, Policy Research and Budget Analyst, has determined that for each year of the first five years the proposed rules are in effect, there will be no reduction in costs to the state government to administer and enforce the rules. However, increases in costs and revenue are expected, as is a loss of revenue to the state.

The proposed change to assessing late inspection fees would entail a one-time programming cost for the boiler tracking and billing system used by TDLR to automatically assess the fee. The estimated hourly cost for programming is approximately $190.00 and the system provider estimates 90 hours of work to complete that programming, so the cost would be $17,100.

A loss of revenue is expected primarily from the removal of the previous method of assessing late fees. Currently, boiler owners and operators who do not have the boiler inspected before the expiration date of the current certificate of operation are assessed late fees as provided under 16 Texas Administrative Code §60.83, in which the late fee is one and one/half times the regular fee if the certificate is expired 90 days or less, and two times the regular fee if the certificate is expired more than 90 days. Boiler owners and operators have paid an average of approximately $188,000 in late fees each year of the past five years. The current method of charging late fees is repealed by the proposed rules, so there will an approximate loss of $188,000 in revenue each year for the next five years. The proposed rules also remove TDLR's practice of referring any uninspected boiler that is more than 90 days past the certificate expiration date to an Authorized Inspection Agency for completion of the past due inspection. The referral fee of $260 therefore is also removed. Boiler owners and operators have paid an average total of approximately $3,800 in referral fees each year of the past five years.

The proposed rules repeal the fee for the reissuance of an inspector commission when an inspector changes employers. The fee for the reissuance of the commission is $50, and TDLR has averaged three requests per year for the past five years. Total revenue lost would be $150 per year.

A person without a National Board 360 certification is no longer required to first obtain a letter of recognition and pay a $100 fee each year to be registered with the Department as an Authorized Inspection Agency. No agencies without this certification have applied for a registration in the past five years and it is not anticipated that one will apply in the next five years, so there is no loss of revenue from the elimination of this fee.

The total revenue loss will be approximately $191,950 each year for the next five years.

The new method for assessing late inspection fees is also expected to create an increase in revenue to the state. The proposed rules establish a modest late inspection fee that is charged each day after the certificate has expired. The amount of the daily fee assessed increases at 31 days and then again at 61 days after the certificate's expiration date if the boiler remains uninspected. Additionally, the proposed rules make an Authorized Inspection Agency that issues an insurance policy for a boiler responsible for the timely inspection of that boiler, and subject the AIA to the same late inspection fees as a boiler owner or operator who does not timely get the required inspection. AIAs have not previously had to pay late inspection fees.

Because the new way of assessing fees will have the potential to be more costly to boiler owners and operators who fail to get their boilers inspected before the expiration of the current certificate, it is believed that owners and operators will be more likely to get the required inspections before the certificate of operation expires and will be less likely to delay inspection indefinitely after expiration. However, it is unknown how many boilers that might have gone uninspected in the past will receive untimely inspections under the new method of assessing fees. It is expected that owners, operators, and AIAs will try to avoid subjecting themselves to late inspection fees, but those who incur the fee could accrue larger late fees in shorter amounts of time. There is no data on which to base an estimate and therefore the amount of any increase in revenue caused by the proposed method of assessing late inspection fees cannot be estimated at this time.

Because the current method of charging late fees results in many delayed inspections, owners and operators have benefitted from having gaps in time between the expiration of the certificate of operation and the issuance of the new certificate of operation. A new certificate is issued only upon the completion of the required inspection regardless of when the prior certificate expired. The revised method of assessing late inspection fees is predicted to result in timely issuance of more certificates of operation due to the lost incentive for owners and operators to delay inspections past the certificate expiration date. The lost benefits of delay for owners and operators will accrue to the Department in timely fee payment and to the public in increased safety, but again, are not subject to specific quantification or prediction.

FISCAL IMPACT ON LOCAL GOVERNMENT

Tony Couvillon, Policy Research and Budget Analyst, has determined that for each year of the first five years the proposed rules are in effect, there is no estimated increase or loss in revenue or increase in costs, and thus, no foreseeable implications relating to costs or revenues of local governments as a result of enforcing or administering the proposed rules. Local governments are not responsible for administering the state regulation of boilers. However, the requirement for owners and operators to install blowdown equipment where none currently exists or is not functioning will allow local governments to avoid potential damage to drainage and sewer systems. The associated costs of repair or replacement due to control of the temperature and pressure of boiler fluids entering those systems are expected to be reduced or avoided by the use of blowdown equipment but are not subject to estimation.

LOCAL EMPLOYMENT IMPACT STATEMENT

Mr. Couvillon has determined that the proposed rules will not affect a local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.

PUBLIC BENEFITS

Mr. Couvillon also has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit will be primarily safety-related. The proposed rules reemphasize that boiler owners, operators, and Authorized Inspection Agencies, which issue insurance policies for boilers, are responsible for ensuring that a boiler is inspected before the expiration of the current certificate of operation - the primary way to ensure that boilers are in compliance and will keep operating safely, to the benefit of the public.

The proposed rules amend requirements for boiler blowdown equipment and procedures, which will ensure that boilers are operating efficiently by reducing buildup of sediment, saving owners and operators additional maintenance costs and making boilers safer. The requirement will also ensure that all boilers comply with the requirement of the Uniform Plumbing Code, and thereby the Plumbing License Law, that prohibits water having excessive temperature or pressure from being discharged directly into a drainage system, which is detrimental to the system. The avoided cost of repair to public drainage systems is a benefit to the local public.

The proposed rules amend requirements for carbon monoxide detectors, authorizing owners or operators of boilers to choose to remotely monitor them for the presence of carbon monoxide above 50 ppm in the boiler room. When remotely monitored, the detector must be set to alert personnel if the 50 ppm threshold is reached but will not force an automatic shutdown until and unless the carbon monoxide concentration reaches 200 ppm. This option provides owners and operators time to correct problems and avoid the sometimes enormous costs involved when a boiler is taken out of operation, by allowing the cause of the rise in carbon monoxide emissions to be addressed before the boiler is automatically shut down.

The proposed rules add other amendments to ensure the safe operation of boilers, including the requirement for certain boilers to follow the National Fire Protection Association Code book 85; procedures for the replacement and plugging of boiler tubes in certain fire tube boilers; requirements for boiler installation procedures and the prohibition on boiler installation by inspectors to avoid conflict of interest; necessary improvements in physical facilities that pose a risk to inspectors; a new requirement for the carbon monoxide detector in a boiler room to have a visual display indicating the current level of carbon monoxide present in the room; and the addition of new requirements for certain notifications to TDLR and for recordkeeping.

The proposed rules add requirements for the boiler and its related equipment to be in a safe condition for access and inspection. This will keep inspectors and maintenance personnel safe in the performance of their duties. A person without a National Board 360 certification is no longer required to first obtain a letter of recognition and pay a fee each year to be registered with the Department as an Authorized Inspection Agency. The proposed rules make several other additions and amendments, all of which are intended to ensure the continued safe operation of boilers in Texas, a benefit to the public. Some changes allow for cost savings and increase flexibility for boiler owners and operators, inspectors, and Authorized Inspection Agencies, but none of these changes compromise safety.

Mr. Couvillon has determined that for each year of the first five-year period the proposed rules are in effect, there will be a reduction in costs (savings) to persons who are required to comply with the proposed rules. Savings are expected primarily from the removal of the previous method of assessing late fees. Boiler owners and operators who do not have the boiler inspected before the expiration date of the current certificate of operation are assessed late fees as provided under 16 Texas Administrative Code §60.83, in which the late fee is one and one/half times the regular fee if the certificate is expired 90 days or less, and two times the regular fee if the certificate is expired more than 90 days. Boiler owners and operators have paid an average of approximately $188,000 in late fees each year of the past five years. The current method of charging late fees is repealed by the proposed rules, so owners and operators will avoid paying approximately $188,000 in late fees each year for the next five years. The proposed rules also remove TDLR's practice of referring any uninspected boiler that is more than 90 days past the certificate expiration date to an Authorized Inspection Agency for completion of the past due inspection. The referral fee of $260 therefore is also removed. Boiler owners and operators have paid an average total of approximately $3,800 in referral fees each year of the past five years and will save approximately this amount.

The total savings to the regulated community will be approximately $191,950 each year for the next five years.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH THE PROPOSAL

Mr. Couvillon has determined that for each year of the first five-year period the proposed rules are in effect, there will be additional costs to persons who are required to comply with the proposed rules. However, the amount of additional costs are not predictable because they depend on individual compliance choices and equipment needs, and the deterrence effect of the new late inspection fee.

Almost all, if not all, carbon monoxide detectors have the ability to remotely alert personnel that the level of carbon monoxide present in a boiler room has exceeded 50 ppm. The detector needs to be connected to wi-fi and the alert system needs to be monitored by personnel ready to react to an alert. The cost to obtain a detector that has the ability to remotely alert personnel is comparable to one that does not, and the cost to connect the detector to wi-fi is minimal, if any. There could be a larger cost to have personnel watchful for alerts at all hours, but the cost for this would vary by boiler owner and how the owner weighs the cost of earlier, automatic shutdown at 50 ppm as opposed to remote monitoring and additional time to act to avoid automatic shutdown at 200 ppm. The choice to use remote monitoring of a boiler is not a requirement for any owner.

Almost all, if not all, carbon monoxide detectors have a display that indicates the current level of carbon monoxide present in the boiler room. The cost to obtain a detector that has a display is comparable to one that does not, and the cost to replace a detector without a display is minimal.

The proposed rules require a power boiler to pass blowdown water through an approved blowdown separator or blowdown tank to cool the blowdown water to less than 140° Fahrenheit so that it may be legally discharged into a drainage system. Any power boiler that does not currently have a blowdown separator or blowdown tank but discharges into a sanitary sewer will need to have the required equipment installed. The cost for this could be from $1,000 to $5,000 per boiler for equipment and installation, depending on the type of equipment purchased and the size and type of the power boiler.

The proposed rules add the requirement for certain boilers to follow the National Fire Protection Association Code book 85. These types of boilers already comply with the codebook, so there is no cost to these boiler owners.

The proposed rules add requirements for the replacement of boiler tubes in certain fire tube boilers, designating the material the replacement tubes must be made of, and allowing only qualified and authorized persons to replace the tubes. The cost of complying with these new requirements cannot be determined due to the variety and differing costs of replacement tubes, and the variety and differing costs of persons authorized to perform replacements. The increase in boiler safety and the reduced possibility of damage or failure of boilers is not subject to specific determination.

Corrosion-resistant tags or decals required by the proposed rules are already issued by TDLR at no cost for boilers that need them.

The proposed rules change the method by which late fees are assessed for boilers that are not inspected when the current certificate of operation has expired. The late fees associated with the lack of inspection could and probably would be substantially higher when a boiler is allowed to remain uninspected. The proposed rules also specify that an Authorized Inspection Agency is subject to the same late fees if it fails to inspect a boiler it is required to inspect. It is unknown how many owners, operators, or agencies will be liable for the new late fees, given that the fees would accrue more quickly and in greater amounts than under the current late fee structure, or how much cost there would be for those liable. However, no person or entity is subject to paying this fee if the boiler is inspected timely. Persons and entities who comply with inspection requirements will have no additional costs.

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

There will be an adverse economic effect on small businesses or micro-businesses as a result of the proposed rules. Because the agency has determined that the proposed rule will have an adverse economic effect on small businesses or micro-businesses, the agency has prepared an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed and required under Texas Government Code §2006.002.

Approximately 864 locations in Texas have power boilers and might be considered a small or micro-business. TDLR does not collect information from license applicants or license holders about numbers of employees or gross receipts and is therefore unable to determine a reliable number of those businesses. Many of those boilers probably do not have blowdown separators or tanks and would need to install the equipment. A cost of $1,000 to $5,000 could possibly have an adverse economic effect on some small or micro-businesses that have a small profit margin or are having financial difficulties keeping the business operating. The Department is proposing to delay the effective date of this requirement for six months past the adoption date of the rule to provide time to prepare and budget for the cost.

No other costs associated with the proposed rules will have an adverse economic effect on any small or micro-business. The proposed rules have no anticipated adverse economic effect on rural communities because the rules will not decrease the number of boilers or businesses that use boilers in rural communities, nor will the rules increase the cost of the services from businesses that operate boilers in rural communities.

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

The proposed rules have a fiscal note that imposes a cost on regulated persons; however, the proposed rules fall under the exception for rules that are necessary to implement legislation and for consistency with it, namely, the Uniform Plumbing Code and the Plumbing License Law. The rules are also necessary to protect the health, safety, and welfare of the residents of Texas by imposing necessary safety standards and procedures. (Government Code §2001.0045(c)(6), (9).) Therefore, the agency is not required to take any further action under Government Code §2001.0045.

GOVERNMENT GROWTH IMPACT STATEMENT

Pursuant to Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rules. For each year of the first five years the proposed rules will be in effect, the agency has determined the following:

1. The proposed rules do not create or eliminate a government program.

2. Implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rules require both an increase and a decrease in fees paid to the agency.

5. The proposed rules create a new regulation.

6. The proposed rules expand, limit, and repeal portions of the existing regulation.

7. The proposed rules do not increase or decrease the number of individuals subject to the rules' applicability.

8. The proposed rules do not positively or adversely affect this state's economy.

The proposed rules implement a change in the method by which late fees are assessed and paid, but it is unknown whether the overall effect will be an increase or decrease in the amount of fees collected by the agency. The proposed rules repeal the fee associated with the referral of a boiler for which the inspection is 90 days past due to an Authorized Inspection Agency to conduct an inspection.

The proposed rules expand an existing regulation by adding prohibitions on who can install boilers; making Authorized Inspection Agencies subject to late inspection fees; adding requirements for remote carbon monoxide level detection when the owner or operator chooses to use remote monitoring; adding general requirements for placing a boiler and related equipment in a safe condition for access and inspection; requiring that neither a boiler nor equipment are disturbed after a serious accident and requiring records for that boiler and its operation to be preserved; denoting that a boiler is presumed to be in continued operation unless it is established otherwise; adding the requirement for certain boilers to follow the National Fire Protection Association Code book 85; establishing a new method of assessing late inspection fees for a boiler that has not been inspected when the current certificate of operation has expired; adding requirements for the replacement and plugging of boiler tubes in certain fire tube boilers; and adding requirements for boiler blowdown process and equipment.

The proposed rules repeal an existing regulation by no longer requiring an Authorized Inspection Agency with NB 360 accreditation to obtain a registration from TDLR; repealing the procedure to refer a boiler for which the inspection is 90 days or more past due to an AIA to conduct an inspection; repealing the previous method of assessing late fees established under §60.83; and repealing the requirement for a fee to be paid for the reissuance of a commission when an inspector changes employers.

TAKINGS IMPACT ASSESSMENT

The Department has determined that no private real property interests are affected by the proposed rules and the proposed rules do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rules do not constitute a taking or require a takings impact assessment under Government Code §2007.043.

PUBLIC COMMENTS

Comments on the proposed rules may be submitted electronically on the Department's website at https://ga.tdlr.texas.gov:1443/form/gcerules; by facsimile to (512) 475-3032; or by mail to Monica Nuñez, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711. The deadline for comments is 30 days after publication in the Texas Register.

SUBCHAPTER A. GENERAL PROVISIONS

16 TAC §65.2

STATUTORY AUTHORITY

The proposed rules are proposed under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The proposed rules are also proposed under Texas Health and Safety Code, Chapter 755, Boilers, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the proposed rules are those set forth in Texas Occupations Code, Chapter 51, and Texas Health and Safety Code, Chapter 755. No other statutes, articles, or codes are affected by the proposed rules.

§65.2.Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Alteration--A change in the item described on the original Manufacturer's Data Report which affects the pressure containing capability of the pressure retaining item. Nonphysical changes such as an increase in the maximum allowable working pressure (internal or external [~~Internal or External~~]), increase in design temperature, or a reduction in minimum temperature of a pressure-retaining item is [~~shall be~~] considered an alteration.

(2) - (4) (No change.)

(5) Authorized Inspection Agency (AIA) (In-service)--An entity accredited by the National Board meeting NB-369, "Qualifications and Duties for Authorized Inspection Agencies Performing In-service Activities and Qualifications for Inspectors of Boilers and Pressure Vessels."[.]

(6) Authorized Inspection Agency (AIA) (New Construction--ASME Activities)--An entity accredited by the National Board meeting the qualification and duties of NB-360, "Criteria for Acceptance of Authorized Inspection Agencies for New Construction."[.]

(7) Authorized Inspector (AI)--An inspector qualified to be employed by an Authorized Inspection Agency (AIA) who holds a commission issued by the executive director.

(8) (No change.)

(9) Blowdown separator--a pressure vessel used to capture boiler blowdown water for the purpose of reducing the boiler blowdown water temperature and pressure. The cooling of the blowdown water occurs by mixing cooling water with the blowdown water.

(10) Blowdown tank--A pressure vessel used to capture boiler blowdown water for the purpose of reducing the boiler blowdown water temperature and pressure. The cooling of the blowdown water occurs over time.

(11) Blowdown water--Boiler water that contains dissolved solids and sludge.

(12) [~~(9)~~] Board--The Board of Boiler Rules.

(13) [~~(10)~~] "Boiler" means:

(A) a heating boiler;

(B) a nuclear boiler;

(D) an unfired steam boiler; or

(E) a process steam generator.

(14) [~~(11)~~] Boiler external piping [~~External Piping~~]--The piping which begins where the ASME Code Section I or Section VIII, Division 1, 2, or 3 boiler proper or separately fired superheater terminates at:

(A) the first circumferential joint for welding end connections; or

(B) the face of the first flange in bolted flange connections; or

(C) the first threaded joint in that type of connection; and which extends up to and including the valve or valves required by ASME.

(15) [~~(12)~~] Certificate inspection [~~Inspection~~]--The required internal or external boiler inspection, the report of which is used by the chief inspector to decide whether to issue a certificate of operation.

(16) [~~(13)~~] Certificate of operation [~~Operation~~]--A certificate issued by the executive director to allow the operation of a boiler.

(17) [~~(14)~~] Changeover valve [~~Valve~~]--A valve that[~~, which~~] allows two redundant pressure relief valves to be installed for the purpose of changing from one pressure relief valve to the other while the boiler is operating and designed such that there is no intermediate position where both pressure relief valves are isolated from the boiler.

(18) [~~(15)~~] Chief inspector [~~Inspector~~]--The inspector appointed in accordance with Texas Health and Safety Code, §755.023.

(19) [~~(16)~~] Code--ASME Code.

(20) [~~(17)~~] Commission--The Texas Commission of Licensing and Regulation.

(21) [~~(18)~~] Competent attendant [~~Attendant~~]--An individual who has been trained to properly operate, start up, shut down, respond to emergencies and maintain control of the boiler in safe operating condition.

(22) [~~(19)~~] Condemned boiler [~~Boiler~~]--A boiler inspected and declared unfit for further service by the chief inspector, the deputy inspector, or the executive director.

(23) [~~(20)~~] Continuous water treatment [~~Water Treatment~~]--A verifiable program that controls and limits corrosion and deposits in a boiler.

(24) [~~(21)~~] Department--Texas Department of Licensing and Regulation.

(25) [~~(22)~~] Deputy inspector [~~Inspector~~]--An inspector appointed by the executive director.

(26) [~~(23)~~] Disconnected boiler [~~Boiler~~]--A boiler in which all fuel, water, steam and electricity are removed from any connection on the boiler. These connections must [~~shall~~] provide an isolated gap and the source must [~~shall~~] be safely isolated to prevent potential leaks or electrical hazards.

(27) [~~(24)~~] Electric boiler [~~Boiler~~]--A boiler in which the source of heat is electricity, such as an electrode type boiler and an immersion resistance element type boiler.

(28) [~~(25)~~] Electrode type boiler [~~Type Boiler~~]--An electric boiler in which heat is generated by the passage of electric current using water as the conductor.

(29) [~~(26)~~] Executive director [~~Director~~]--The executive director of the department.

(30) [~~(27)~~] External inspection [~~Inspection~~]--An inspection of the exterior of a boiler and its appurtenances that is made, if possible, while the boiler is in operation.

(31) [~~(28)~~] Heat Recovery Steam Generator (HRSG)--A boiler which produces steam where its principle source of thermal energy is a hot gas stream having high ramp rates, such as the exhaust of a gas turbine.

(32) [~~(29)~~] Heating boiler [~~Boiler~~]--A steam heating boiler, hot water heating boiler, hot water supply boiler, or potable water heater that is directly fired with oil, gas, solar energy, electricity, coal, or other solid or liquid fuel.

(33) [~~(30)~~] High-temperature water boiler [~~Temperature Water Boiler~~]--A water boiler designed for operation at pressures exceeding 160 pounds per square inch gage (1100 kilopascals) or temperatures exceeding 250 degrees Fahrenheit (121 degrees Celsius).

(34) [~~(31)~~] Hot water heating boiler [~~Water Heating Boiler~~]--A boiler designed for operation at a pressure not exceeding 160 pounds per square inch gage (1100 kilopascals) or temperatures not exceeding 250 degrees Fahrenheit (121 degrees Celsius) at or near the boiler outlet.

(35) [~~(32)~~] Hot water supply boiler [~~Water Supply Boiler~~]--A boiler designed for operation at pressures not exceeding 160 pounds per square inch gage (1100 kilopascals) or temperatures not exceeding 250 degrees Fahrenheit (121 degrees Celsius) at or near the boiler outlet if the boiler's heat input exceeds 200,000 British thermal units per hour (58.6 kilowatts); water temperature exceeds 210 degrees Fahrenheit (99 degrees Celsius); or nominal water-containing capacity exceeds 120 gallons (454 Liters).

(36) [~~(33)~~] Immersion resistance element type boiler [~~Resistance Element Type Boiler~~]--An electric boiler in which heat is generated by the passage of an electric current through a resistance heating element immersed in water.

(37) [~~(34)~~] Inspection agency [~~Agency~~]--An Authorized Inspection Agency (AIA) [~~authorized inspection agency~~] providing inspection services.

(38) [~~(35)~~] Inspector--The chief inspector, a deputy inspector, or an Authorized Inspector (AI) [~~authorized inspector~~].

(39) [~~(36)~~] Install--To place, position or fit a boiler into position and then to connect, change or modify the boiler [~~in such a manner as~~] to enable [~~bring~~] the boiler to be brought into service.

(40) [~~(37)~~] Installation--The act of installing a boiler or associated equipment.

(41) [~~(38)~~] Internal inspection--A complete and thorough inspection of the interior waterside and fireside areas of a boiler as construction allows.

(42) [~~(39)~~] Maximum Allowable Working Pressure (MAWP)--The greatest pressure at which a boiler is designed to operate.

(43) [~~(40)~~] Metric (SI)--An international system of measurement.

(44) [~~(41)~~] Metrication--The process of converting between US customary units and metric (SI) units.

(45) [~~(42)~~] Modular boiler [~~Boiler~~]--A steam or hot water heating assembly consisting of a group of individual boilers called modules, intended to be installed as a unit, with a single inlet and single outlet. Modules may be under one jacket or may be individually jacketed.

(46) [~~(43)~~] Multiple pressure steam generator [~~Pressure Steam Generator~~]--A boiler consisting of several sections of heat exchange surface designed for different pressure levels.

(47) [~~(44)~~] National Board--The National Board of Boiler and Pressure Vessel Inspectors.

(48) [~~(45)~~] National Board Inspection Code (NBIC)--The manual for boiler and pressure vessel inspectors published by the National Board of Boiler and Pressure Vessel Inspectors.

(49) [~~(46)~~] Nominal--The accepted ASME standard used to designate a size or capacity of an item.

(50) [~~(47)~~] Non-code boiler [~~Code Boiler~~]--A complete boiler not constructed to the appropriate ASME Code.

(51) [~~(48)~~] Nonstandard boiler [~~Boiler~~]--A boiler that does not qualify as a standard boiler.

(52) [~~(49)~~] Nuclear boiler [~~Boiler~~]--A nuclear power plant system, including its pressure vessels, piping systems, pumps, valves, and storage tanks that produces and controls an output of thermal energy from nuclear fuel and the associated systems essential to the function of the power system.

(53) [~~(50)~~] Operation--The condition of a boiler in which the energy source is being applied to the boiler.

(54) [~~(51)~~] Out of service [~~Service~~]--The condition of a boiler in which it is neither in operation nor in standby.

(55) [~~(52)~~] Owner or operator [~~Operator~~]--Any person, firm, or corporation owning or operating boilers within the State of Texas.

(56) [~~(53)~~] Person--An individual, corporation, partnership, association or other legal entity.

(57) [~~(54)~~] Pool heater [~~Heater~~]--A hot water supply boiler or a potable water heater designed to provide hot water to a pool.

(58) [~~(55)~~] Portable boiler [~~Boiler~~]--A boiler primarily intended for use at a temporary location.

(59) [~~(56)~~] Potable water heater [~~Water Heater~~]--A boiler designed for operation at pressures not exceeding 160 pounds per square inch gage (1100 kilopascals) and water temperatures not exceeding 210 degrees Fahrenheit (99 degrees Celsius) if the boiler's heat input exceeds 200,000 British thermal units per hour (58.6 kilowatts) or nominal water-containing capacity exceeds 120 gallons (454 liters).

(60) [~~(57)~~] Power boiler [~~Boiler~~]--A high-temperature water boiler or a boiler in which steam is generated at a pressure exceeding 15 pounds per square inch gage (103 kilopascals) for a purpose external to the boiler.

(61) [~~(58)~~] Preliminary order--A written order issued by the chief inspector or any commissioned boiler inspector to require repairs or alterations to render a boiler safe for use or to require that operation of the boiler be discontinued. The boiler inspection [~~Boiler Inspection~~] report which requires repairs to be made or the boiler operation to be ceased which is signed by the chief inspector or a commissioned boiler inspector is a Preliminary Order.

(62) [~~(59)~~] Process steam generator [~~Steam Generator~~]--An evaporator, heat exchanger, or vessel in which steam is generated by the use of heat resulting from the operation of a processing system that contains a number of pressure vessels, such as used in the manufacture of chemical and petroleum products.

(63) [~~(60)~~] Reinstalled boiler [~~Boiler~~]--A boiler removed from its original setting and reinstalled at the same location or at a new location [~~without change of ownership~~].

(64) [~~(61)~~] Repair--The work necessary to restore pressure-retaining items to a safe and satisfactory operating condition.

(65) [~~(62)~~] Rules--The rules promulgated and enforced by the commission in accordance with Texas Health and Safety Code, §755.032 and Texas Occupations Code, Chapter 51.

(66) [~~(63)~~] Safety appliance [~~Appliance~~]--A safety device such as a safety valve or a pressure relief valve for a boiler provided to diminish the danger of accidents.

(67) [~~(64)~~] Secondhand boiler [~~Boiler~~]--A boiler for [in] which the location and ownership have changed.

(68) [~~(65)~~] Serious accident [~~Accident~~]--An explosion resulting in any degree of distortion to the wall of the boiler or related equipment or damage to the building where the boiler is located. Or, emergency medical services are dispatched to the location of a boiler accident in which one or more persons require on-site medical services, transport to a medical facility or the accident results in a fatality.

(69) [~~(66)~~] Special inspection [~~Inspection~~]--An inspection by the chief inspector or deputy inspector other than those in Texas Health and Safety Code, §§755.025 - 755.027.

(70) [~~(67)~~] Stacked boiler [~~Boiler~~]--A design in which one boiler is placed onto a rack above another boiler, as designed by the boiler manufacturer with a rack nameplate, and as approved by the department.

(71) [~~(68)~~] Standard boiler [~~Boiler~~]--A boiler that bears the stamp of a nationally recognized engineering professional society, or the stamp of any jurisdiction that has adopted a standard of construction equivalent to the standard required by the executive director.

(72) [~~(69)~~] Standby--The condition of a boiler in which the owner or operator has (1) placed the boiler into operation at low fire or (2) can place the boiler into operation within 48 hours' notice.

(73) [~~(70)~~] Steam heating boiler [~~Heating Boiler~~]--A boiler designed for operation at pressures not exceeding 15 pounds per square inch gage (103 kilopascals).

(74) [~~(71)~~] System pressure [~~Pressure~~]--The pressure of the boiler system, which is governed by the highest safety valve or pressure relief valve set pressure as allowed by ASME Code and this chapter.

(75) [~~(72)~~] Texas Commission--Authorization to inspect boilers and enforce Texas Health and Safety Code, Chapter 755, and 16 Texas Administrative Code, Chapter 65, on behalf of the department.

(A) ASME Only commission [~~Commission~~]--Authorizes [~~Only authorizes~~] an inspector to conduct only ASME new construction activities.

(B) In-service only commission [~~In-Service Only Commission~~]--Authorizes [~~Only authorizes~~] an inspector to conduct only boiler in-service activities.

(C) ASME and in-service commission [~~In-Service Commission~~]--Authorizes [~~Only authorizes~~] an inspector to conduct both activities in subparagraphs (A) and (B).

(76) [~~(73)~~] Unfired steam boiler [~~Steam Boiler~~]--An unfired pressure vessel in which steam is generated. The term does not include: vessels known as evaporators or heat exchangers; or vessels in which steam is generated by using the heat that results from the operation of a processing system that contains a number of pressure vessels, as used in the manufacture of chemical and petroleum products.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 2, 2024.

TRD-202401950

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: June 16, 2024

For further information, please call: (512) 475-4879

SUBCHAPTER B. REGISTRATION--AUTHORIZED INSPECTION AGENCY

16 TAC §65.8

STATUTORY AUTHORITY

The proposed repeal is repealed under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The proposed repeal is also repealed under Texas Health and Safety Code, Chapter 755, Boilers, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the proposed repeal are those set forth in Texas Occupations Code, Chapter 51, and Texas Health and Safety Code, Chapter 755. No other statutes, articles, or codes are affected by the proposed repeal.

§65.8.Registration--Authorized Inspection Agency Without NB 360 Accreditation.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 2, 2024.

TRD-202401966

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: June 16, 2024

For further information, please call: (512) 475-4879

SUBCHAPTER C. BOILER REGISTRATION AND CERTIFICATE OF OPERATION[~~--REQUIREMENTS~~]

16 TAC §§65.12 - 65.15

STATUTORY AUTHORITY

§65.12.Boiler Registration and Certificate of Operation Required.

(a) Except as provided by this chapter, the owner or operator of each boiler operated in this state must:

(1) register the boiler [~~be registered~~] with the department; [~~and~~]

(2) have qualified each boiler for a current certificate of operation; and [~~with~~]

(3) post the current certificate of operation [~~posted~~] in a conspicuous place on or near the boiler for which it is issued.

(b) Upon issuance of a certificate of operation for a boiler:

(1) the obligation to comply with the Act and this chapter, including the requirement for periodic inspections, is required to continue operation; and

(2) the continued operation of the boiler is presumed unless the person establishes to the satisfaction of the department, based on the person's records or other evidence reasonably acceptable to the department, that the boiler was not in operation after the expiration of a certificate of operation for that boiler.

§65.13.Boiler Installation.

(a) The owner or operator of a boiler in this state must submit a boiler installation report to the department, in the manner prescribed by the department, not later than the time of completion of: [~~within thirty (30) days after completion of a boiler installation.~~]

(1) a boiler installation; or

(2) a boiler re-installation following relocation, disconnection and reconnection, or disassembly and reassembly.

(b) A boiler may not be test-fired or operated before the required first inspection unless the boiler installation:

(1) is conducted in accordance with the applicable requirements of this chapter, including but not limited to this section and §§65.50, 65.87, 65.200, 65.201, 65.204, and 65.209;

(2) the owner, operator, or boiler installer has submitted a boiler installation report to the department in the manner prescribed by the department; and

(3) a Temporary Boiler Operating Permit has been approved in accordance with subsection (c).

~~[(b) The boiler shall not be test-fired or operated prior to the required first inspection except as allowed under subsection (c).]~~

(1) The owner or operator may request a Temporary Boiler Operating Permit in the manner prescribed by the department [~~on a department-approved form~~].

(2) The owner or operator must pay the applicable fee provided under §65.300.

(3) The department will not approve a Temporary Boiler Operating Permit if a boiler installation report for the boiler has not been submitted to the department in the manner prescribed by the department.

(4) [~~(3)~~] Upon approval of the Temporary Boiler Operating Permit from the department, the boiler may be operated before [~~prior to~~] the required initial inspection for up to thirty (30) days.

§65.14.Inspector Commissions.

(a) In-service [~~In-Service~~] Commission. To be eligible for in-service commission, an applicant must:

(1) - (4) (No change.)

(b) (No change.)

§65.15.Boiler Certificate of Operation [~~Certification Requirements~~].

(a) To be eligible for a certificate of operation, the following requirements must be met:

(1) - (2) (No change.)

(3) required repairs completed; [~~and~~]

(4) payment of fees under §65.300; and[.]

(5) payment of due or past-due invoices associated with the boiler.

(b) - (c) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 2, 2024.

TRD-202401951

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: June 16, 2024

For further information, please call: (512) 475-4879

SUBCHAPTER D. AUTHORIZED INSPECTOR

16 TAC §65.25, §65.26

STATUTORY AUTHORITY

§65.25.Authorized Inspector--Eligibility Requirements.

To perform work as [be] an Authorized Inspector [~~authorized inspector~~], an applicant must be an inspector in the employment of a department-registered Authorized Inspection Agency [~~have at least five years' expierience in the constructions, installation, inspection, operation, maintenance, or repair of boilers~~].

§65.26.Commission--Renewal and Reinstatement.

(a) To renew or reinstate an Authorized Inspector [~~authorized inspector~~] commission, an applicant must:

(1) - (4) (No change.)

(b) Non-receipt of a license or registration renewal notice from the department does not exempt a person[,] or entity[,] from any requirements of this chapter.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 2, 2024.

TRD-202401952

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: June 16, 2024

For further information, please call: (512) 475-4879

SUBCHAPTER F. COMMISSION CARDS

16 TAC §65.40, §65.41

STATUTORY AUTHORITY

§65.40.Authorized Inspector--Commission Card.

(a) The executive director may issue a commission and an identifying commission card to an Authorized Inspector provided the inspector has successfully passed the examination as set forth in §65.14.

(b) A commission card or a digital or paper photograph or copy of the commission card issued by the department must be in the inspector's possession and readily available while conducting inspection activities within the state of Texas.

~~[(a) A commission as an authorized inspector and an identifying commission card may be issued by the department to a person who has met the requirements of §65.14(a) and (b).]~~

~~[(b) A commission card issued by the department shall only be used while conducting inspection activities within the State of Texas and shall be in the inspector's possession during these activities.]~~

(c) Written requests for renewals, and applications for new and reinstated commissions must [~~reinstatements shall~~] specify if the scope of work to be performed will be ASME Code only, in-service [~~In-service~~] only, or both.

(d) When a request is for new issuance or reinstatement as described in §65.14 and §65.26, the inspector must [ ~~shall~~] attend a mandatory commission approved training program before [~~prior to~~] issuance of the commission.

(e) (No change.)

(f) Within two (2) business days after an inspector's employment terminates, the Authorized Inspection Agency must notify the department in writing that the inspector no longer works for the agency.[:]

~~[(1) the inspection agency shall notify the department in writing that the inspector no longer works for the agency; and]~~

[(2) on the final day of employment with the inspection agency, the commission card issued to the inspector is void and shall not be used as authorization to perform or otherwise conduct a boiler inspection under this chapter.]

[(g) The identifying commission card shall be returned to the department by the authorized inspection agency within thirty (30) days after the inspector to whom the commission was issued is no longer employed by the department or the authorized inspection agency.]

§65.41.Reissuance of Commission Card after Reemployment.

An inspector, commissioned as provided in this subchapter, is [~~shall be~~] entitled to another commission without examination upon leaving an employer and commencing [~~the~~] employment with another employer if the inspector: [~~of the department and entering the employment of an inspection agency without examination, if the following requirements are met.~~]

(1) [~~The inspector~~] is employed by the new employer [~~inspection agency~~] within 12 months [~~twelve (12) months~~] after leaving the former employer [~~department~~];

(2) submits an application for a commission as required in this subchapter; and

~~[(2) A Commission application and fee required under §65.300 are submitted to the department; and]~~

(3) meets all [~~All~~] other requirements [~~have been met~~] for obtaining a commission.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 2, 2024.

TRD-202401953

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: June 16, 2024

For further information, please call: (512) 475-4879

SUBCHAPTER H. INSPECTOR STANDARDS OF CONDUCT

16 TAC §65.50

STATUTORY AUTHORITY

§65.50.Inspectors--Prohibited Conflicts of Interest.

(a) Inspectors may [~~shall~~] not engage in the sale of any article or device relating to boilers, pressure vessels, or [~~other~~] appurtenances.

(b) Authorized Inspection Agencies, Authorized Inspectors, and inspectors employed by the department may not install boilers.

(c) An Authorized Inspection Agency, an Authorized Inspector, or an employee of the department may not inspect a boiler installed by an Authorized Inspection Agency, by any Authorized Inspector, by a current or former Authorized Inspection Agency employer, or by the same employee of the department.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 2, 2024.

TRD-202401954

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: June 16, 2024

For further information, please call: (512) 475-4879

SUBCHAPTER I. INSPECTION OF BOILERS

16 TAC §§65.60 - 65.63

STATUTORY AUTHORITY

§65.60.External Inspection.

External inspections must [~~shall~~] be performed as part of the application for an extension to the inspection interval of Health and Safety Code, §755.026. Otherwise, an external inspection must [~~it shall~~] be conducted in conjunction with the annual internal inspection required in Health and Safety Code, §755.025.

§65.61.Inspection of All Boilers Required.

(a) (No change.)

(b) All boilers must receive a certificate inspection before the expiration date of the current certificate of operation.

(c) [~~(b)~~] Boilers must [~~shall~~] be inspected by the Authorized Inspection Agency [~~inspection agency~~] that issued an insurance policy to cover a boiler located in this state, or by an authorized representative. All other boilers must [~~shall~~] be inspected by the department.

(1) The Authorized Inspection Agency must conduct a certificate inspection for each boiler for which it is responsible before the expiration of the boiler's current certificate of operation.

(2) The continued operation of the boiler beyond the expiration of the certificate of operation is presumed in accordance with §65.200.

(3) The Authorized Inspection Agency listed in the department's reporting system that fails to timely inspect a boiler for which it is responsible is subject to the late inspection fee in §65.300 if the current certificate of operation expires while the Authorized Inspection Agency has inspection responsibility.

(4) The owner or operator of a boiler that does not receive a certificate inspection before the expiration of the current certificate of operation is subject to the late inspection fee in §65.300.

(5) An Authorized Inspection Agency that is denied access to a boiler for inspection purposes is not responsible for a late inspection fee under paragraph (3). A denied-access violation of §65.62(a) must be documented on the inspection report.

(d) Upon request, an Authorized Inspection Agency must provide the department documentation of the effective dates of its inspection responsibility for a boiler.

(e) Subsections (c)(3) and (c)(4) apply to boilers for which the certificate of operation expires one year or more after the adoption of the amendments to this section.

(f) [~~(c)~~] Except in the case of an accident or other emergency, no inspection will [~~shall~~ ] be made by the chief inspector or any deputy inspector on a Saturday, Sunday, or legal holiday, unless otherwise directed by the department.

~~[(d) Boilers shall be inspected prior to the expiration date of the current certificate of operation.]~~

[(e) Boilers not inspected prior to the expiration date of the current certificate of operation will be assessed a late fee in accordance with §65.300 and subject to penalties and sanctions as provided under this chapter.]

§65.62.Notice of Inspection to Owners or Operators of Boilers.

(a) All boilers, unless otherwise exempted, must [~~shall~~] be made available for inspection and prepared for initial inspection, regular inspections, or liquid pressure tests, whenever necessary, by the owner or operator when notified by the inspector.

(b) (No change.)

§65.63.Inspection of Portable Boilers.

The internal and external inspection of portable boilers must [~~Portable Boilers shall~~] occur as follows:

(1) - (3) (No change.)

(4) Boilers designated as a nonstandard boiler [~~Nonstandard Boiler~~] in accordance with §65.45, must [~~shall~~] be inspected annually.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 2, 2024.

TRD-202401955

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: June 16, 2024

For further information, please call: (512) 475-4879

SUBCHAPTER J. TEXAS BOILER NUMBERS

16 TAC §65.70, §65.71

STATUTORY AUTHORITY

§65.70.Texas Boiler Numbers--Required.

(a) Each boiler must be identified with a single unique department-issued identification number displayed on a corrosion-resistant tag or decal and located on the boiler next to the ASME name plate. The decal or tag must be attached to the boiler during the first inspection and [~~shall~~] remain on the boiler for the life of the equipment.

(b) After the initial issuance of an identification number [~~a tag number~~], that [~~tag~~] number may not be reassigned or reused.

§65.71.Texas Boiler Number--Placement on Boiler.

(a) During the first inspection of all boilers, the inspector must [~~shall~~] stamp the Texas boiler number, except as provided for in subsections (c) and (d), as near to the original ASME Code [~~code~~] name plate and required information as practicable.

(b) - (d) (No change.)

(e) The following types of boilers are exempt from the stamping requirements of subsection (c), ASME Code: boilers bearing [~~code~~] name plates stamped with the HLW designator, cast iron sectional boilers, cast aluminum sectional boilers, water tube boilers with cast headers, and other types of boilers that will be damaged by direct impression stamping.

(1) - (2) (No change.)

(f) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 2, 2024.

TRD-202401956

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: June 16, 2024

For further information, please call: (512) 475-4879

SUBCHAPTER K. REPORTING REQUIREMENTS

16 TAC §§65.83, 65.86, 65.87

STATUTORY AUTHORITY

§65.83.Boiler Accidents.

(a) In case of a serious accident, the owner, operator, or Authorized Inspector must [~~owner/operator shall~~] immediately notify the chief inspector and Authorized Inspector, as applicable. [~~authorized inspector.~~]

(b) The owner or operator must ensure that neither the boiler nor any of the following is removed or disturbed, whether or not it is or was installed, in use, impacted, damaged, or functioning, except for the purpose of saving human life or preventing death or serious harm to an individual or preventing serious damage, before an inspection and investigation has been made by a department inspector:

(1) parts of the boiler;

(2) fuel supply equipment;

(3) gauges, valves, meters, regulators, or cocks;

(4) wiring, relays, switches, electrical panels, or motherboards;

(5) ventilation equipment, structures, or fans;

(6) any other equipment serving the operation of the boiler;

(7) any matter, material, substance, equipment, part, or item related or unrelated to the operation of the boiler; or

(8) building structures, building materials, building contents, adjacent or surrounding structures or components thereof, soils, or vegetation.

[(b) Neither the boiler nor any of the parts thereof, shall be removed or disturbed, except for the purpose of saving human life or preventing further damage, before an inspection and investigation has been made by an inspector.]

~~[(c) The authorized inspector shall immediately notify the chief inspector of each boiler accident.]~~

(c) [~~(d)~~] The chief inspector must [~~shall~~] investigate, or cause to be investigated, each boiler accident to the extent necessary to reasonably determine the cause of the boiler accident.

(d) [~~(e)~~] To the extent necessary to conduct an inspection and subsequent investigation of a boiler accident, the owner or operator must [~~owner/operator shall~~] provide an inspector free access to the boiler and accident area.

(e) All records related to the boiler and the operation of the boiler must be preserved and may not be modified or destroyed.

(1) If records related to the operation or maintenance of the boiler are created or updated through electronic or automated processes, the records may not be accessed to modify, delete, or otherwise change the automated system or the records created or produced by that system.

(2) All records must be made available to the inspector or the department upon request in a readily understandable format that can be read and interpreted without the use of proprietary software, interpretation services, or other specialized processes.

(f) The owner or operator must timely [~~owner/operator shall~~] provide the chief inspector, deputy inspector and Authorized Inspector [~~authorized inspector,~~] with fragments, parts, appurtenances, documents, any items listed in subsection (b), and records necessary to conduct an investigation of the accident.

(g) The Authorized Inspector must [~~authorized inspector shall~~] submit a report of the boiler accident to the chief inspector[~~. The report shall be submitted~~] in a manner prescribed by the department.

(h) The chief inspector must [~~shall~~] file a final report to the executive director.

§65.86.Authorized Inspection Agencies Reporting Requirements.

Authorized Inspection Agencies must notify the department within ten [~~(10)~~] calendar days after the loss of ASME Certificate of Authorization [~~, NB-360 Certificate of Authorization~~] or NB-369 Certificate of Authorization.

§65.87.Boiler Installation Reporting Requirements.

The owner or operator of a boiler or any person who installs or reinstalls a boiler in this state must file an installation report with the department by the completion of installation in accordance with §65.13.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 2, 2024.

TRD-202401957

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: June 16, 2024

For further information, please call: (512) 475-4879

SUBCHAPTER L. RESPONSIBILITIES OF THE DEPARTMENT

16 TAC §65.90, §65.91

STATUTORY AUTHORITY

The proposed repeals are repealed under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The proposed repeals are also repealed under Texas Health and Safety Code, Chapter 755, Boilers, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the proposed repeals are those set forth in Texas Occupations Code, Chapter 51, and Texas Health and Safety Code, Chapter 755. No other statutes, articles, or codes are affected by the proposed repeals.

§65.90.Commissions--Authorized Inspector.

§65.91.Overdue Boiler Inspection--Authorized Inspection Agency Referral.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 2, 2024.

TRD-202401967

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: June 16, 2024

For further information, please call: (512) 475-4879

SUBCHAPTER M. BOARD OF BOILER RULES

16 TAC §65.101

STATUTORY AUTHORITY

§65.101.Board of Boiler Rules--Membership; Presiding Officer.

(a) - (d) (No change.)

(e) The chief inspector of the department serves as presiding officer of the board.

(f) A quorum of the advisory board is necessary to conduct official business.

(g) A board decision is not effective unless supported by the vote of a majority of the members present and voting.

(h) The presiding officer may not vote on board actions and may not be counted in determining whether a quorum is present.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 2, 2024.

TRD-202401958

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: June 16, 2024

For further information, please call: (512) 475-4879

16 TAC §65.104

STATUTORY AUTHORITY

§65.104.Board of Boiler Rules--Board Meetings.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 2, 2024.

TRD-202401968

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: June 16, 2024

For further information, please call: (512) 475-4879

SUBCHAPTER N. RESPONSIBILITIES OF THE OWNER AND OPERATOR

16 TAC §§65.200, 65.206, 65.217

STATUTORY AUTHORITY

§65.200.New Boiler Installations.

(a) No boiler, except reinstalled boilers and those exempted by Texas Health and Safety Code, §755.022, may [~~shall~~] be operated [~~installed~~] in this state unless:

(1) it has been constructed, installed, inspected, and stamped in conformity with the applicable section of the ASME Code [~~code~~];

(2) it is registered with the National Board of Boiler and Pressure Vessel Inspectors except cast iron or cast-aluminum sectional boilers; and

(3) it is installed, approved, registered, and inspected in accordance with the requirements of this chapter.

(b) A boiler having the standard stamping of another state that has adopted a standard of construction equivalent to the standard of the State of Texas, or a special-designed boiler, may be approved [~~accepted~~] by the department. Any person desiring to install such a boiler must [~~shall~~] file a written request for approval to install and for a special inspection [~~complete application for the installation of the boiler in compliance with §65.13~~].

(c) New boilers and[~~, including~~] reinstalled boilers must[~~, shall~~] be installed in accordance with the requirements of the latest revision of the applicable section of the manufacturer's recommendations, the ASME Code, the Act, [~~ASME code~~] and this chapter. These boilers must [~~shall~~] be inspected before [~~prior to operation~~] test-firing or operation in accordance with §65.13 and all applicable rules.

(d) Upon issuance of a certificate of operation for a boiler:

(1) the obligation to comply with the Act and this chapter, including the requirement for periodic inspections, is required to continue operation; and

§65.206.Boiler Room.

(a) Each boiler room containing one or more boilers from which carbon monoxide can be produced must [~~shall~~] be equipped with a carbon monoxide detector with a manual reset.

(1) The carbon monoxide detector must have a display that indicates the current level of carbon monoxide in parts per million (ppm) present in the boiler room.

(2) [~~(1)~~] The carbon monoxide detector and boiler(s) must [~~shall~~] be interlocked to disable the burners when the measured level of CO rises above 50 ppm.

(3) The owner or operator may choose to use a remote monitoring system. When the CO detector is remotely monitored:

(A) it must be set to alarm personnel at the boiler location and at the remote location at a measured level of 50 ppm of CO;

(B) the alarm at the boiler location must not be capable of being disabled until the measured level of CO falls below 50 ppm; and

(C) the detector must be interlocked to disable the burners when the CO level in the boiler room reaches a measured level of 200 ppm.

(4) [~~(2)~~] The carbon monoxide detector must [~~shall~~] disable the burners upon loss of power to the detector.

(5) [~~(3)~~] The carbon monoxide detector must [~~shall~~] be calibrated in accordance with the manufacturer's recommendations or every eighteen months after installation of the detector, whichever is less. A record of calibration must [~~shall~~] be posted at or near the boiler, or be readily accessible to an inspector.

(6) [~~(4)~~] The requirements in this subsection apply to boiler rooms in which new installations or reinstallations of one or more boilers are completed on or after September 1, 2020.

(b) - (h) (No change.)

§65.217.Variance.

(a) (No change.)

(b) In evaluating a request for variance, the department must [~~shall~~] consider whether the variance would be in the public interest, and may consider factors such as the effect of the proposed variance on the public, the burden that compliance imposes on the owner or operator [~~Owner or Operator~~], and whether the owner or operator [~~Owner or Operator~~] has in place a maintenance plan that promotes boiler safety.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 2, 2024.

TRD-202401959

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: June 16, 2024

For further information, please call: (512) 475-4879

SUBCHAPTER O. FEES

16 TAC §65.300

STATUTORY AUTHORITY

§65.300.Fees.

(a) Certificate of operation. The owner or operator must [~~shall~~] make payment for the following fees:

(1) Initial certificate of operation--$70.

(2) Subsequent certificate of operation--$70. Any amounts due or past due for any invoices associated with the boiler must also be paid.

~~[(1) On or before expiration date--$70; in addition to all outstanding invoices, including any past due invoices associated with the boiler.]~~

~~[(2) After expiration date--Late fees for certificates are provided for under §60.83 of this title (relating to Late Renewal Fees).]~~

(3) Duplicate certificate of operation--$25

(b) - (c) (No change.)

(d) Commission Fees. The Authorized Inspector seeking or holding the commission must [~~Commission shall~~] make payment for the following fees:

(1) - (3) (No change.)

(4) Duplicate commission card--$25

~~[(5) Reissuance of card after re-employment--$50]~~

(5) [~~(6)~~] Late renewal fees for commissions issued under this chapter are provided under §60.83 [~~of this title (relating to Late Renewal Fees)~~].

(e) Authorized Inspection Agency Letter of Recognition. The Authorized Inspection Agency must pay [~~shall make payment for~~] the following fees:

(1) Initial application [~~Application~~]--$100

(2) Renewal application [~~Application~~]--$100

(f) - (h) (No change.)

(i) Boiler Installation Report Filing [~~Reports~~ ]. The owner or operator must [~~shall~~] make a $25 fee payment. The boiler installer, if a different person than the owner or operator, is not responsible for the boiler installation report filing fee unless otherwise agreed.

~~[(j) Overdue Boiler Inspection Fee. The owner or operator shall make a $260 fee payment to the agency assigned by the department in accordance with §65.91.]~~

(j) [~~(k)~~] Temporary Boiler Operating Permit Fee. The owner or operator must [~~shall~~] make a $50 fee payment.

(k) Late Inspection Fee--A late inspection fee will be assessed as follows to the owner or operator and the Authorized Inspection Agency, as applicable, for inspections conducted after the expiration of the current certificate of operation.

(1) $25 per day for each day after the expiration date of the certificate of operation until the 30th day after expiration of the certificate of operation;

(2) $50 per day for days 31 to 60 after expiration of the certificate of operation; and

(3) $100 per day for day 61 after expiration of the certificate of operation and for each day of noncompliance thereafter.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 2, 2024.

TRD-202401960

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: June 16, 2024

For further information, please call: (512) 475-4879

SUBCHAPTER P. ADMINISTRATIVE PENALTIES AND SANCTIONS

16 TAC §65.401

STATUTORY AUTHORITY

§65.401.Sanctions.

(a) If a boiler has not been properly prepared for an internal inspection or a liquid pressure test as required by the Act and this chapter [~~boiler law and rules~~], the inspector may decline to make the inspection or witness the test[, and the certificate of operation shall be withheld until the owner or operator complies with all requirements. Late certificate of operation fees shall apply if the boiler is not inspected prior to the expiration date of the certificate of operation].

(1) The certificate of operation will be withheld until the owner or operator complies with all requirements.

(2) A late inspection fee in accordance with §65.300 must be paid if the boiler is not inspected before the expiration date of the certificate of operation.

(b) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 2, 2024.

TRD-202401961

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: June 16, 2024

For further information, please call: (512) 475-4879

SUBCHAPTER R. BASIC TECHNICAL REQUIREMENTS

16 TAC §§65.550 - 65.552, 65.555, 65.556, 65.559, 65.560

STATUTORY AUTHORITY

§65.550.Conditions Not Covered by Rules.

(a) Any owner or operator of boilers or any deputy inspector, Authorized Inspector, or interested party, may submit in writing an inquiry to the department for an opinion or clarification.

(b) All conditions not specifically covered by these requirements must be treated as new installations or be referred to the chief inspector for instruction.

§65.551.General Safety.

(a) The owner or operator must place a boiler and its related equipment in a safe condition for access and inspection. A boiler inspector is not required to perform an inspection if:

(1) A boiler, its related equipment, or the facility is not in compliance with applicable minimum federal, state, or local safety standards; or

(2) Unsafe conditions, including obstructed entry or exit, unsafe flooring or walking surfaces, inadequate space for conducting the inspection, inadequate lighting, or other unsafe conditions, hazards, or safety risks are present.

(b) A determination by an inspector that an inspection cannot be conducted safely is final.

(c) A boiler that is deemed unsafe for operation by the inspector will be removed from service or placed in a safe condition in the following manner:

(1) The inspector must notify the owner or operator about:

(A) the prohibition against operating an unsafe boiler;

(B) insurance policy provisions, if any, that may exclude insurance coverage for operating an unsafe boiler;

(D) the department's authority to follow a request for the immediate but voluntary shut-down of the boiler with formal action to prohibit continued operation of the boiler.

(2) If the owner or operator refuses to immediately shut the boiler down upon the request of the inspector, before leaving the premise on which the unsafe boiler is located the inspector must notify the chief inspector about the condition of the unsafe boiler.

(d) Upon receipt of the notice required by paragraph (c)(2), the chief inspector must assign a deputy inspector to confirm that an unsafe condition exists and, if confirmed, to declare the boiler unsafe for operation by placing a red tag on the boiler prohibiting continued operation of the boiler.

(e) The continued operation of an unsafe boiler subjects the owner or operator to administrative penalties as provided for in this chapter.

§65.552.Chimneys and Vents.

All chimneys and vents must be installed in accordance with boiler manufacturer recommendations and chimney/vent manufacturer recommendations.

§65.555.Boiler Blowdown.

(a) Blowdown water from power boilers must pass through an approved blowdown separator or blowdown tank when entering a sanitary sewer.

(b) The temperature of the blowdown water leaving the blowdown separator or blowdown tank must not exceed 140 degrees Fahrenheit.

(d) All blowdown piping and fittings must meet requirements set forth in ASME Piping Code B31.1, Power Piping.

(e) A blowdown separator must be fitted with threaded or flanged openings to facilitate inspection. A blowdown tank must be fitted with a manway for cleaning and inspection.

(f) The vent and drain of the blowdown separator or blowdown tank must be piped to a safe point of discharge.

(g) A blowdown separator or blowdown tank, when required by this chapter, must:

(1) be constructed in accordance with ASME Boiler and Pressure Vessel Code, Section VIII Division 1;

(2) have a minimum design pressure equal to the recommended pressure of the boiler manufacturer for the boiler to which the tank or separator is connected; and

(3) be registered with the National Board of Boiler and Pressure Vessel Inspectors.

(h) Installation or modification of equipment to achieve compliance with this section is required to be completed no later than six months after the adoption of the requirements of this section.

§65.556.Boiler Room Ventilation.

(a) Each boiler room containing one or more boilers from which carbon monoxide can be produced must have an adequate and uninterrupted air supply to assure proper combustion and ventilation.

(b) The combustion and ventilation air may be supplied by either an unobstructed opening or by power ventilators or fans as provided below.

(1) For a single unobstructed opening, the opening must be sized on the basis of one square inch (645 square millimeters) of free area for each 2,000 Btu/hour (.586 kilowatts) input of the combined burners located in the boiler room.

(2) For two unobstructed openings, one commencing not more than 12 inches (304.8 millimeters) from the ceiling of the room and one commencing not more than 12 inches (304.8 millimeters) from the floor of the room, the opening must be sized on the basis of one square inch (645 square millimeters) of free area for each 3,000 Btu/hour (.879 kilowatts) input per opening of the combined burners located in the boiler room.

(3) The power ventilator or fans must be sized on the basis of 0.2 cfm. (5.6 liters per minute) for each 1,000 Btu/hour (.29 kilowatts) fuel input for the combined burners located in the boiler room. The boiler and the fans must be interlocked to disable the burners unless a supply of combustion, ventilation, and dilution air in accordance with the boiler manufacturer's recommendations is maintained.

(4) Power ventilators or fans designed to maintain pressure in the boiler room must be sized on the basis of 0.2 cfm. (5.6 liters per minute) for each 1,000 Btu/hour (.29 kilowatts) fuel input for the combined burners located in the boiler room. The boiler and the fan control must be interlocked to disable the burners unless a supply of combustion, ventilation and dilution air in accordance with the boiler manufacturer's recommendations is maintained.

(1) When a boiler(s) in the boiler room is of a sealed combustion design by the manufacturer of the boiler and pulls air for combustion from outside of the building, ventilation of the boiler room is not required.

(2) When the boiler room is configured to include both designs, i.e. a boiler(s) of a sealed combustion design by the manufacturer of the boiler that pulls air for combustion from outside of the building and a boiler(s) that is not of a sealed combustion design by the manufacturer of the boiler, the boiler room must meet the ventilation requirements in subsection (b) only for the boiler(s) that are not of the sealed combustion design that pull air from outside of the building.

§65.559.Location of Discharge Outlets.

Pressure relief valve, blowdown pipes, and other outlets must be discharged to a safe point.

§65.560.Boiler and Combustion Systems Hazards Code.

National Fire Protection Association (NFPA) Code Book 85 must be followed for the following types of boilers.

(1) Single burner boilers, multiple burner boilers, stokers and atmospheric fluidized bed boilers with a fuel input of 3.7 MW (12.5 million Btu/hr) or greater.

(2) Pulverized fuel systems at any heat input rate.

(3) Fired or unfired steam generators used to recover heat from combustion turbines and other combustion turbine exhaust systems at any heat input.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 2, 2024.

TRD-202401965

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: June 16, 2024

For further information, please call: (512) 475-4879

SUBCHAPTER R. TECHNICAL REQUIREMENTS

16 TAC §§65.600 - 65.604

STATUTORY AUTHORITY

§65.600.Conditions Not Covered by Rules.

§65.601.General Safety.

§65.602.Chimneys and Vents.

§65.603.Boiler Room Ventilation.

§65.604.Location of Discharge Outlets.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 2, 2024.

TRD-202401969

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: June 16, 2024

For further information, please call: (512) 475-4879

SUBCHAPTER S. TECHNICAL REQUIREMENTS

16 TAC §§65.607 - 65.609, 65.611, 65.612, 65.614

STATUTORY AUTHORITY

§65.607.Power Boilers, Excluding Unfired Steam Boilers and Process Steam Generators.

(a) Safety valves and pressure relief valves.

(1) - (4) (No change.)

(5) Except for changeover valves as defined in §65.2(17) [~~(14)~~], other valve(s) must [~~shall~~] not be placed:

(A) - (B) (No change.)

(6) - (9) (No change.)

(10) If a muffler is used on a pressure relief valve, it must [~~shall~~] have sufficient area to prevent back pressure from interfering with the proper operation and discharge capacity of the valve. Mufflers must [~~shall~~] not be used on high-temperature water boilers [~~High-Temperature Water Boilers~~].

(11) - (14) (No change.)

(b) - (c) (No change.)

(d) Low-water fuel cutoff and water feeding devices.

(1) All automatically fired steam boilers, except boilers having a constant attendant, who has no other duties while the boiler is in operation, must [~~shall~~] be equipped with approved low-water fuel cutoffs.

(A) - (C) (No change.)

(D) For high-temperature water boilers [~~High-Temperature Water Boilers~~] requiring forced flow circulation, an approved flow sensing device must [~~shall~~] be installed on the outlet, as close to the boiler as possible.

(2) - (4) (No change.)

(e) - (h) (No change.)

(i) Provisions for thermal expansion for high-temperature water boilers. [~~High-Temperature Water Boilers.~~]

(1) - (3) (No change.)

§65.608.Unfired Steam Boilers.

(a) - (b) (No change.)

(1) - (2) (No change.)

(3) Each ASME Code, Section I, unfired steam boiler must [~~shall~~] have one safety valve and if it has more than 500 square feet (47 square meters) of bare tube water heating surface, it must [~~shall~~] have two or more safety valves.

(A) (No change.)

(B) Valves, except a changeover valve as defined in §65.2(17)[~~(14)~~], must [~~shall~~] not be placed between the required safety valve or pressure relief valve or valves and the boiler nor on the discharge pipe between the safety valve or pressure relief valve and the atmosphere.

(4) - (6) (No change.)

(d) - (e) (No change.)

(f) Low-water cutoffs, alarms and feed regulating devices.

(1) The owner or operator [~~owner/operator~~] is responsible for the design and installation of any low water protection devices as required to prevent damage to the unfired steam boiler. All installed low water cutoffs, alarms and feeding devices must [~~shall~~] be designed for pressure and temperature equal to or greater than the MAWP of the unfired steam boiler.

(2) - (3) (No change.)

(g) - (h) (No change.)

§65.609.Process Steam Generators.

(a) Some process steam generators referred to in §65.2[,] are shown in §65.615, Exhibits 4 and 5.

(b) (No change.)

(c) When the owner or operator [~~owner/operator~~ ] elects to construct a process steam generator to ASME Code, Section I, the limits as shown in §65.615, Exhibits 4 and 5, are as defined in the rules of ASME Code, Section I.

(d) Safety valves and pressure relief valves.

(1) (No change.)

(2) Each ASME Code, Section VIII, Division 1 or Division 2, steam collection or liberation drum of a process steam generator, must [~~shall~~] have at least one safety valve designed for steam service in accordance with applicable ASME Code of Construction. The valve body drain must [~~shall~~] be open and piped to a safe point of discharge.

(A) The installation of full-area stop valves between the steam collection or liberation drum of a process steam generator and the safety valve is permitted as depicted in §65.615, Exhibits 4 and 5. A full-area stop valve may be installed on the discharge of the safety valve when connected to a common header. Stop valves must [~~shall~~] be car sealed or locked in the open position.

(B) One or more safety valves on every steam collection or liberation drum of a process steam generator must [~~shall~~ ] be set at or below the MAWP. The remaining valves, if any, must [~~shall~~] be set within the range specified and have the capacity required by the applicable ASME Code [~~code~~].

(3) Each ASME Code, Section I, process steam generator, must [~~shall~~] have one safety valve and if it has more than 500 square feet (47 square meters) of bare tube water heating surface, it must [~~shall~~] have two or more safety valves. ASME Code, Section I, safety valves must [~~shall~~] be applicably stamped.

(A) (No change.)

(B) No valves, except as defined in §65.2(17)[~~(14)~~], of any description may [~~shall~~] be placed between the required safety valve or pressure relief valve or valves and the steam collection or liberation drum, nor on the discharge pipe between the safety valve or pressure relief valve and the atmosphere.

(4) - (6) (No change.)

(e) - (f) (No change.)

(g) Low-water cutoffs, alarms and feed regulating devices.

(1) The owner or operator [~~owner/operator~~] is responsible for the design and installation of any low water protection devices as required, to prevent damage to the process steam generator. All installed low water cutoffs, alarms and feeding devices, must [~~shall~~] be designed for a pressure and temperature equal to or greater than the MAWP and temperature of the process steam generator steam collection or liberation drum.

(2) - (3) (No change.)

(h) Pressure gages.

(1) (No change.)

(2) Each steam collection or liberation drum of a process steam generator must [~~, shall~~] have a valved connection at least 1/4 inch nominal pipe size (8 mm)[,] connected to the steam space for the purpose of attaching a test gage when the process steam generator is in service, to test the accuracy of the pressure-indicating device.

(i) (No change.)

§65.611.Heating boilers.

(a) Steam Heating Boilers.

(1) Safety valves.

(A) Each steam boiler must [~~shall~~] have one or more safety valves, that are identified with applicable designator with the ASME certification mark [~~Certification Mark~~] of the spring pop type, adjusted and sealed to discharge at a pressure not to exceed 15 psig (103 kilopascals). Seals must [~~shall~~] be attached in a manner to prevent the valve from being taken apart without breaking the seal. The safety valves must [~~shall~~] be arranged so that they cannot be reset to relieve at a higher pressure than the MAWP of the boiler. A body drain connection below seat level must [~~shall~~] be provided. For valves exceeding 2 1/2 inch nominal pipe size (65 mm), the drain hole or holes must [~~shall~~] be tapped not less than 3/8 inch nominal pipe size (10 mm). For valves 2 1/2 inch nominal pipe size (65 mm) or less, the drain hole must [~~shall~~] not be less than 1/4 inch (6 mm) in diameter.

(B) - (G) (No change.)

(2) - (8) (No change.)

(b) Hot Water Heating Boilers.

(1) Pressure relief valves.

(A) Each hot water heating boiler must [~~shall~~ ] have at least one pressure relief valve, of the automatic reseating type, identified with the ASME certification [~~Certification~~ ] mark with the "V" or "HV" designator ASME Code Symbol, and set to relieve at or below the MAWP of the boiler.

(B) - (J) (No change.)

(2) - (3) (No change.)

(4) Pressure and temperature [~~Temperature~~] gages.

(A) - (D) (No change.)

(5) - (7) (No change.)

(8) Piping, fittings, and valves [~~Fittings and Valves~~].

(A) - (B) (No change.)

(1) - (3) (No change.)

(4) Pressure and temperature [~~Temperature~~] gages.

(A) - (D) (No change.)

(5) - (7) (No change.)

(8) Piping, fittings, and valves [~~Fittings and Valves~~].

(A) - (B) (No change.)

(d) Potable Water Heaters (ASME Code HLW).

(1) Pressure relief valves.

(A) Potable water heaters (tank type) must [~~shall~~] have at least one officially rated temperature and pressure relief valve, or one officially rated pressure relief valve, set to relieve at or below the maximum allowable pressure of the heater. No pressure relief valve may [~~shall~~] be smaller than 3/4 inch nominal pipe size (20 mm). The valve (s) must [~~shall~~] be marked with the Code Symbol "V" or "HV."[.] At no time may [~~shall~~] the temperature probe of the temperature and pressure relief valve be removed or modified.

(B) - (G) (No change.)

(2) - (7) (No change.)

(8) Piping, fittings, and valves. [~~Fittings and Valves.~~]

(A) - (B) (No change.)

§65.612Repairs [~~Repair~~] and Alterations.

(a) Repairs and alterations must [~~shall~~] conform to the current edition of the National Board Inspection Code (NBIC) and must [~~shall~~] be acceptable to the inspector, except that repairs and alterations may be performed by the following, provided the intended work is within the scope of the issued certificate of authorization:

(1) (No change.)

(2) owners or operators [~~owners/operators~~] of boilers who have been issued a certificate of authorization by the department.

(A) Issuance of the certificate of authorization will be made upon submission of an application in the manner prescribed [~~, on forms provided~~] by the department.

(B) (No change.)

(b) Derating a boiler's MAWP and/or allowable temperature (in accordance with the NBIC), must [~~shall~~] be approved by the department before [~~prior to~~] commencement of the alteration. If the derating is approved, the MAWP and/or allowable temperature may [~~shall~~] not be increased without prior approval from the department.

(1) (No change.)

(2) Replacement parts fabricated by welding must [~~shall~~] be certified, stamped with the appropriate ASME Code symbol and inspected by an Authorized Inspector [~~authorized inspector~~] as required by the ASME Code.

(3) - (6) (No change.)

(d) (No change.)

(e) Replacement of boiler tubes in a fire tube boiler fabricated in accordance with ASME Code Section I or IV.

(1) The following are alterations:

(A) Replacing a mechanically expanded boiler tube with a welded boiler tube.

(B) Replacing a welded boiler tube with a mechanically expanded boiler tube.

(2) Only a person qualified and authorized under subsections (a)(1) or (a)(2) may replace welded or mechanically expanded boiler tubes.

(3) Replacement tubes must be made of a material that is the same as or is compatible with the material of the boiler tube being replaced and must be welded or mechanically expanded into the tube sheet or drum.

(f) [~~(e)~~] Plugging of boiler tubes (excluding tubes in headers of economizers, evaporators, superheaters, or reheaters).

(1) Tube plugs must [~~shall~~] be made of a material which is compatible with the material of the boiler tube being plugged and must [~~shall~~] be welded into place[,] or manufactured to be mechanically expanded into the tube sheet or drum.

(2) Plugging boiler tubes on fire tube boilers [~~Fire Tube Boilers~~] fabricated in accordance with ASME Code Section I or IV. Best practice is not to plug a boiler tube in a fire tube boiler [~~Fire Tube Boiler~~]. If a fire tube boiler [~~Fire Tube Boiler~~] tube is plugged, the following conditions [~~criteria shall~~] apply.

(A) Only a person qualified and authorized under subsections (a)(1) or (a)(2) may plug boiler tubes.

(B) [~~(A)~~] Plugging boiler tubes that are adjacent to another plugged boiler tube is prohibited.

(D) [~~(C)~~] All non-expanded boiler tube plugs must [~~shall~~] be welded into place.

(E) [~~(D)~~] All plugged boiler tubes must [~~shall~~] be replaced before [~~prior to~~] the next required certificate inspection [~~Certificate Inspection~~].

(3) Plugging boiler tubes on water tube boilers, unfired boilers, or process steam generators [~~Water Tube Boilers, Unfired Boilers, or Process Steam Generators~~].

(A) No more than 10% of the boiler generating tubes may be plugged. Additional tubes may be plugged after approval is obtained from the Original Equipment Manufacturer or an engineer [~~Engineer~~] experienced in boiler design. The scope of the approval is limited to the plugging of the tubes and must [~~shall~~] consider the operational effect on the water side pressure boundary or membrane and the effect on the combustion process throughout the boiler.

(B) No water wall [~~Water Wall~~] tubes may be plugged, where the tube forms a separation wall between products of combustion and the outside atmosphere or a separation of the gas passes in a multiple (gas) pass boiler.

§65.614.Authority to Set and Seal Safety Appliances.

(a) All safety and pressure relief valves for ASME Code Sections I, IV, and VIII Division 1 boilers must be repaired, tested, set, and sealed by one of the organizations listed in this section, provided the scope of the issued certificate of authorization covers the work to be performed.

(b) The following organizations are authorized to set and seal safety appliances:

(1) - (2) (No change.)

(3) an organization holding a valid owner or operator [~~owner/operator~~] certificate of authorization issued by the department to repair, test, set and seal safety appliances for boilers meeting the requirements of this chapter only at the approved owner or operator [~~owner/operators~~] facilities. Such authorization may be granted or withheld by the department.

(A) If authorization is granted and proper administrative fees as provided for in §65.300[,] are paid, a certificate of authorization will be issued, expiring on the triennial anniversary date. The certificate will [~~shall~~] indicate authorization to repair ASME Code Sections I, IV, or VIII valves, as verified by testing and as covered by the repair organization's quality control manual.

(B) The applicant should apply to the department for renewal of authorization and reissuance of the certificate six [~~(6)~~] months before [~~prior to~~] the date of expiration.

(C) The owner or operator [~~owner/operator~~] certificate of authorization is renewable every three [~~(3)~~] years. Before issuance or renewal of the certificate of authorization, the repair organization and its facilities are subject to a review and demonstration of its quality control system by an inspector. Original code books and the National Board's Pressure Relief Device Certifications (NB-18), as required to set and seal safety appliances, must [~~shall~~] be available during the review of the quality control system.

(D) Before the owner or operator [~~owner/operator~~ ] certificate of authorization may be issued or renewed, two valves that [~~which~~] have been repaired by the applicant must successfully complete operational verification tests as follows:

(i) - (iv) (No change.)

(E) (No change.)

(F) Field repairs are defined as any repair conducted outside a fixed repair shop location. Field repairs may be conducted with the aid of mobile facilities with repair capabilities with or without testing capabilities. Field repairs may be conducted in owner or operator [~~owner/operator~~] facilities without the use of mobile facilities. Organizations that obtain the owner or operator [~~owner/operator~~] certificate of authorization for in-shop/plant repairs may also perform field repairs to safety and pressure relief valves provided that:

(i) - (iii) (No change.)

(G) - (I) (No change.)

(J) In general, the quality control system must [~~shall~~] describe and explain what documents and procedures the owner or operator [~~owner/operator~~] will use to validate a valve repair. Before issuance or renewal of the owner or operator [~~owner/operator~~] certificate of authorization, the applicant must meet all requirements, including an acceptable written quality control system. The basic elements of a written quality control system are [~~shall be~~] those described in §65.615, Exhibit 9.

(i) - (iii) (No change.)

(K) It is essential that owner or operator [~~owner/operator~~] valve repair organizations ensure that personnel making repairs to safety and pressure relief valves are knowledgeable and qualified. The owner or operator must [~~owner/operator shall~~] provide documented training with minimum qualification requirements for the valve repair position. Specific requirements to be included in an individual's training are as follows:

(i) - (iii) (No change.)

(L) - (M) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 2, 2024.

TRD-202401964

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: June 16, 2024

For further information, please call: (512) 475-4879