An Act concerning boilers, pressure vessels and refrigeration plants and amending R.S.34:7-1.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. R.S.34:7-1 is amended to read as follows:

34:7-1. No unlicensed person shall operate a steam generator, similar equipment potentially capable of generating steam having relief devices set over 15 psig. and rated at or developing over 6 boiler horsepower or a steam power generator, if over 6 horsepower; a hoisting machine regardless of motive power, whenever the boom length exceeds 99 feet; a refrigerating plant of over 24 tons of refrigerating capacity, utilizing refrigerants of a flammable or toxic nature; or a steam or hot water heating plant of which the indicated or rated capacity exceeds either 499 square feet of heating surface or 100 boiler horsepower or 1,000 kilowatts or 4,000,000 British thermal units input regardless of pressure or temperature conditions; and no owner, agent, superintendent, manager or other person having charge of any building or work in which such equipment is located, or used, shall use, or cause or allow to be used, any such equipment described in this section unless the same is in charge of a properly licensed person, except in emergency, and then for no longer than 15 days unless the commissioner in writing extends such time, of which emergency the owner of such equipment, or the agent, superintendent, manager or other person in charge thereof shall promptly notify the mechanical inspection bureau in writing, stating fully the circumstances.

The provisions of this chapter shall not require a license of any person in charge of or operating the following:

(1) any equipment installed for emergency purposes only, or

(2) any equipment under the jurisdiction and control of the United States Government, the operation of which is actively regulated by a Federal agency, or

(3) any railroad locomotive boiler or any type locomotive used in the service of a common carrier, or

(4) any refrigerating plant utilizing refrigerants classified [as being in Group 1 in the Safety Code for Mechanical Refrigeration of the American Society of Refrigerating Engineers approved] by the American National Standards [Association, Inc.] Institute (ANSI) and the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE), as identified by regulation, or

(5) Any equipment having relief devices set at or under 15 pounds per square inch gage or reliably regulated to operate at a temperature not greater than 200`F when serving a heating plant in a building which is unoccupied. A building shall not be deemed to be "occupied" solely on the basis of attendance by custodial or security personnel, or

(6) any steam generating equipment having relief devices set at or under 15 pounds per square inch gage or hot water equipment reliably regulated to operate automatically at a temperature not greater than 250`F, and having relief devices set at or under 160 pounds per square inch gage when serving a heating plant other than in a building of public assembly [providing (a)] except that the equipment shall be protected by such type of automatic safety control system which is [approved by the State mechanical inspection bureau for automatic operation; and (b) the boiler plant and its safety components are inspected operationally at reasonable intervals, when the building is occupied, by a person designated by the owner, agent, superintendent, or manager, which person's qualifications to operate such equipment have been certified by the State mechanical inspection bureau on the basis of 90 days' experience and reasonable examination by that bureau in respect of such equipment. The "operational inspection" referred to in this subparagraph shall mean visual inspection of all indicators, gages, thermometers, external connections and other items which may be viewed by an external inspection. A log book shall be maintained on the premises recording such inspections, which log book shall be open to inspection by any designated representative of the State mechanical inspection bureau] in conformance with the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code, Section IV (Rules for Construction of Heating Boilers) and the ASME CSD-1 (Controls and Safety Devices for Automatically Fired Boilers). As used in this paragraph, a "building of public assembly" shall not include any building used for the provision of low and moderate income housing.

The commissioner shall promulgate rules and regulations as required to implement the provisions of R.S.34:7-1 et seq. The provisions of [this article] R.S.34:7-1 et seq. shall be administered by the commissioner through the mechanical inspection bureau. Examinations for license under [this article] R.S.34:7-1 et seq. shall be conducted by the examining board or by any member of said board.

(cf: P.L.1967, c.214, s.1)

2. This act shall take effect immediately.

STATEMENT

This bill alters certain exemptions to the licensure requirements for operators of small boilers. Currently, R.S.34:7-1 requires any person that operates a boiler to be licensed by the Bureau of Boiler and Pressure Vessel Compliance of the Department of Labor and Workforce Development except that, among other exemptions, the law exempts from this requirement any person in charge of or operating a small boiler, other than in a building of public assembly, if two conditions are met: (1) the boiler is protected by an automatic safety control system approved by the State mechanical inspection bureau for automatic operation; and (2) the boiler and its safety components are inspected operationally at reasonable intervals, when the building is occupied, by a person designated by the owner, agent, superintendent, or manager. The "operational inspection" referred to above means a visual inspection of all indicators, gages, thermometers, external connections and other items which may be viewed by an external inspection.

The bill amends the first exemption condition to provide that a boiler must be protected by an automatic safety control system in conformance with the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code, Section IV (Rules for Construction of Heating Boilers) and ASME CSD-1 (Controls and Safety Devices for Automatically Fired Boilers). Currently, this exemption condition states that automatic safety control systems must be approved by the State mechanical inspection bureau.

The bill entirely removes the second exemption condition that the boiler and its safety components must be operationally inspected.

Finally, the bill provides that a "building of public assembly" does not include any building used for the provision of low and moderate income housing.