HB-4134, As Passed House, March 26, 2015
February 3, 2015, Introduced by Reps. Barrett, Glenn, Sheppard, Chatfield, Jacobsen, Kelly, Tedder, Hughes, Jenkins, Sarah Roberts, Johnson, Potvin, Webber, Pagan, Bizon and Faris and referred to the Committee on Regulatory Reform.
A bill to amend 1965 PA 290, entitled
"Boiler act of 1965,"
by amending sections 2 and 13d (MCL 408.752 and 408.763d), as
amended by 2013 PA 167.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. (1) As used in this act:
(a) "Antique steam boiler" means a boiler that is no longer
used in production applications and is used to demonstrate the
historical significance of steam boilers in American history.
(b) "Approved apprenticeship program" means a training program
for boiler operators or stationary engineers that is certified by
or
meets the standards of the United States department of labor
bureau
of apprenticeship training Department
of Labor, Bureau of
Apprenticeship Training and is approved by the board.
(c) "Armed forces" means that term as defined in section 2 of
the veteran right to employment services act, 1994 PA 39, MCL
35.1092.
(d) "Associated auxiliaries" means equipment that is required
in the operation of a boiler that includes, but is not limited to,
pumps, regulators, feedwater heaters, superheaters, de-
superheaters, economizers, air preheaters, draft fans, combustion
and pollution control equipment, and prime movers.
(e) "Board" means the board of boiler rules created in section
3.
(f) "Boiler" means a closed vessel in which water is heated,
steam is generated, or steam is superheated, or a combination of
those actions occur, under pressure or vacuum by the application of
heat from combustible fuels, electricity, or nuclear energy. Boiler
does not include facilities of an integral part of a continuous
processing unit but does include a fired unit for heating or
vaporizing liquids other than water, if the unit is separate from a
processing system and is complete within itself.
(g) "Boiler for agricultural purposes" means a portable boiler
used in a field or similar open area for the sole purpose of
operating farm equipment or farm machinery.
(h) "Boiler operator" or "stationary engineer" means an
individual who is engaged in the operation of boilers and
associated auxiliaries.
(i) "Certificate inspection" means an inspection that is
conducted for purposes of preparing a report described in section
20. The certificate inspection shall be an internal inspection if
construction allows; otherwise the certificate inspection shall be
as complete an inspection as possible.
(j) "Department" means the department of licensing and
regulatory affairs.
(k) "Director" means the director of the department or a
representative designated by the director.
(l) "External inspection" means an inspection that does not
involve examination of the internal surfaces of the pressure parts
of the boiler.
(m) "Heating surface" means the heating surface determined by
the boiler manufacturer and recorded in the manufacturer's data
report or by rules established by the board for a boiler if the
manufacturer's data report is not available or the boiler is not
stamped with its heating surface.
(n) "High pressure, high temperature water boiler" means a
water heating boiler operating at pressure that exceeds 160
p.s.i.g. or temperatures that exceed 250 degrees Fahrenheit.
(o) "Low pressure boiler" means a steam boiler operated at
pressures that do not exceed 15 p.s.i.g., or a hot water heating
boiler operated at pressures that do not exceed 160 p.s.i.g. or
temperatures that do not exceed 250 degrees Fahrenheit.
(p) "P.S.I.G." means pounds per square inch gauge.
(q) "Power boiler" means a closed vessel in which steam or
other vapor is generated at a pressure of more than 15 p.s.i.g. by
the direct application of heat.
(r) "Process boiler" means a boiler that is operated at a
pressure or temperature from which more than 10% of the boiler's
capacity is used for direct steam humidification or direct process
work.
(s) "Qualified technical education program" means an
educational program that is approved by the board and that has a
minimum of 350 contact hours in classroom hands-on training, field
training, or supervised plant visits for high pressure boiler
operators. The board may establish lesser standards for an
educational program for low pressure operator training or other
entry level training positions only.
(t) "Qualified training program" means any of the following:
(i) An in-house training program approved by the board and
offered to boiler operators and stationary engineers by an
employer.
(ii) An in-house training program implemented or developed by a
utility and offered to boiler operators and stationary engineers by
an employer as a result of negotiations between an employer and its
employees.
(iii) A training program offered to active duty boiler operators
and stationary engineers by a branch of the armed forces.
(u) "Rule" means a rule promulgated under the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(v) "Secondhand boiler" means a boiler that has changed
ownership and location after initial use.
(2) As used in this act and for purposes of any rules
promulgated under this act, in connection with any requirements for
a license to inspect, install, or repair boilers or for
registration as a boiler operator or stationary engineer in 1 or
more of the classifications described in section 13b, "experience"
includes any relevant experience acquired while serving in the
armed forces by an individual who was separated from that service
if all of the following are met:
(a) The applicant provides to the department a form DD214, a
form DD215, or any other form that is satisfactory to the
department that demonstrates that he or she was separated from that
service, with an honorable character of service or under honorable
conditions (general) character of service.
(b) The applicant submits with his or her application for
licensure or registration an affidavit or letter signed by a
commanding officer, supervisor, or military superior with direct
knowledge of the applicant's service that describes his or her
experience designing, constructing, manufacturing, installing,
inspecting, operating, repairing, or maintaining boilers and
associated auxiliaries while serving in the armed forces.
Sec. 13d. (1) The director shall not issue a registration for
a title described in section 13a(2) unless the applicant meets the
requirements for the classification under subsections (2) to (6).
(2) An applicant for a low pressure boiler operator
registration shall have at least 1 year of experience operating or
maintaining low or high pressure boilers, steam prime movers, or
associated auxiliaries.
(3) An applicant for a high pressure boiler operator
registration shall have 1 or more of the following:
(a) At least 2 years of experience in the operation of a high
pressure boiler.
(b) A low pressure boiler operator's registration and at least
1 year of experience in the operation of a low pressure boiler.
(c) At least 1 year of either a qualified training program, a
qualified technical education program, or an approved
apprenticeship program.
(4) An applicant for a third-class stationary engineer
registration shall meet 1 or more of the following requirements:
(a) Is registered as a high pressure boiler operator and have
at least 1 year of experience in the operation of a high pressure
boiler.
(b) Is registered as a low pressure boiler operator, has at
least 1 year of experience in the operation of a low pressure
boiler, and has at least 1 year of maintenance experience on high
pressure boilers and associated auxiliaries.
(c) Is registered as a high pressure boiler operator and has
at least 1 year of boiler maintenance experience or at least 1 year
as an apprentice in an approved training program in a high pressure
boiler plant that has an aggregate heating surface of more than
4,000 square feet.
(d) Have at least 3 years of experience in the operation of
boilers in a high pressure boiler plant that have an aggregate
heating surface of more than 4,000 square feet.
(e) Have at least 1 year of experience in the operation of
boilers in a high pressure boiler plant that have an aggregate
heating surface of more than 4,000 square feet along with
sufficient experience operating steam prime movers in excess of 10
horsepower for a combined total of at least 3 years of experience.
(f) Have an associate degree in energy technology or a related
field, as determined by the board, with a power engineering option
from a 2-year college whose program is approved by the board and
employment or cooperative education experience of at least 360
hours as a power engineer, boiler operator, or stationary engineer
in a steam electric generation plant or a high pressure steam
heating or process plant.
(5) An applicant for a second-class stationary engineer
registration shall meet 1 or more of the following requirements:
(a) Is registered as a third-class stationary engineer and has
at least 1 year of experience as a third-class stationary engineer.
(b) Have a bachelor's degree in engineering, engineering
technology, heating/power technology, or energy technology from a
college or university whose program is approved by the board and
employment experience as an engineer in the engineering or research
division of a steam electric power generating plant for at least 1
year.
(c) Have at least 4 years of experience in the operation of
boilers in a high pressure boiler plant that have an aggregate
heating surface of more than 7,500 square feet.
(d) Have at least 1 year of experience in the operation of
boilers in a high pressure boiler plant that have an aggregate
heating surface of more than 7,500 square feet along with
sufficient experience operating steam prime movers in excess of 100
horsepower for a combined total of at least 4 years of experience.
(e) Have at least 1 year of experience in the operation of
boilers in a high pressure boiler plant that have an aggregate
heating surface of more than 7,500 square feet along with
sufficient experience operating boilers in a high pressure boiler
plant that have an aggregate heating surface of more than 4,000
square feet for a combined total of at least 4 years of experience.
(6) An applicant for a first-class stationary engineer
registration shall meet 1 or more of the following requirements:
(a) Is registered as a second-class stationary engineer and
has at least 2 years of experience as a second-class stationary
engineer.
(b) Have at least 6 years of experience in the operation of
boilers in a high pressure boiler plant that have an aggregate
heating surface of more than 20,000 square feet.
(c) Have at least 2 years of experience in the operation of
boilers in a high pressure boiler plant that have an aggregate
heating surface of more than 20,000 square feet along with
sufficient experience operating steam prime movers in excess of 200
horsepower for a combined total of at least 6 years of experience.
(d) Have at least 2 years of experience in the operation of
boilers in a high pressure boiler plant that have an aggregate
heating surface of more than 20,000 square feet along with
sufficient experience in the operation of boilers in a high
pressure boiler plant that have an aggregate heating surface of
more than 7,500 square feet of heating surface for a combined total
of at least 6 years of experience.
(e) Complete a 4-year approved apprenticeship program or a 4-
year qualified training program.
(f) Complete a 4-year program with a bachelor's degree from a
college or university in engineering, engineering technology,
heating/power technology, or energy technology whose program is
approved by the board and which includes a hands-on power option
from a 2-year community college program or the equivalent, as
determined by the board, and not less than 1 year of employment,
internship, or cooperative education experience in a steam electric
generation plant or high pressure steam heating process plant.
(7)
As used in this section, "experience" includes experience
acquired
while serving in the armed forces by an individual who was
separated
from that service, and provides to the department a form
DD214,
form DD215, or any other form that is satisfactory to the
department
that demonstrates that he or she was separated from that
service,
with an honorable character of service or under honorable
conditions
(general) character of service.
(8)
An individual described in subsection (7) shall submit
with
his or her application for registration an affidavit or letter
signed
by a commanding officer, supervisor, or military superior
with
direct knowledge of the applicant's service that describes his
or
her experience as a boiler operator or stationary engineer in 1
or
more of the classifications described in section 13b.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.