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Senate File 321 - IntroducedA Bill ForAn Act 1relating to boiler inspections.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 89.3, subsection 5, paragraph a,
2subparagraph (4), subparagraph division (b), Code 2023, is
3amended to read as follows:
4(b) The object is an unfired steam pressure vessel and is
5 part of or integral to the continuous operation of a process
6covered by and compliant with the occupational safety and
7health administration process safety management standard
8contained in 29 C.F.R. §1910.119 and the owner demonstrates
9such compliance to a special inspector or the commissioner.
10The unfired steam pressure vessel object must also be included
11as process safety management process equipment in the owner
12of the unfired steam pressure vessel’s owner’s process safety
13management program.
14 Sec. 2. Section 89.3, Code 2023, is amended by adding the
15following new subsection:
16 NEW SUBSECTION. 5A. The owner of an object that meets all
17of the criteria in subsection 5, paragraph “a”, may request from
18the commissioner an internal inspection time period of longer
19than four years, but not to exceed seven years, if the object
20is an integral part of a continuous operation of a process
21that is covered by and compliant with the occupational safety
22and health administration process safety management standard
23contained in 29 C.F.R. §1910.119 and has a planned outage
24schedule that is longer than four years. The commissioner
25may grant the longer inspection interval if the owner is
26able to demonstrate to the commissioner that the object is
27in compliance with the process safety management standard
28contained in 29 C.F.R. §1910.119 and that the object is
29included as process safety management process equipment in the
30owner’s process safety management program. If the commissioner
31intends to deny the request, the commissioner shall contact
32the owner prior to the denial and provide an opportunity for
33the owner to address the reasons for the intended denial. The
34owner of the object that is granted the longer inspection
35interval shall comply with the requirements contained in
-1-1subsection 5, paragraph “b”.
2EXPLANATION
3The inclusion of this explanation does not constitute agreement with
4the explanation’s substance by the members of the general assembly.
5This bill relates to boiler inspections.
6The bill modifies one of the criteria necessary for a boiler
7or pressure vessel to be inspected at least once each year
8externally while under pressure and at least once every four
9years internally while not under pressure, unless the labor
10commissioner determines an earlier inspection is warranted.
11Under current law, one of the criteria for an unfired steam
12pressure vessel to be eligible for such an inspection schedule
13is that the vessel is part of or integral to the continuous
14operation of a process covered by and compliant with a
15specified occupational safety and health administration
16process safety management standard, and the owner demonstrates
17such compliance to a special inspector or the commissioner.
18Additionally, the vessel must also be included as process
19safety management process equipment in the owner of the unfired
20steam pressure vessel’s process safety management program. The
21bill provides that this criterion is not limited to unfired
22steam pressure vessels, but includes any boiler or pressure
23vessel. The bill also strikes the reference to a special
24inspector.
25The bill also authorizes the owner of a boiler or pressure
26vessel meeting certain criteria as specified in the bill to
27request from the commissioner an internal inspection time
28period of longer than four years, but not to exceed seven
29years, if the boiler or vessel is an integral part of a
30continuous operation of a process that is covered by and
31compliant with a specified occupational safety and health
32administration process safety management standard and has a
33planned outage schedule that is longer than four years. The
34commissioner may grant the longer inspection interval if the
35owner is able to demonstrate to the commissioner that the
-2-1object is in compliance with the process safety management
2standard and that the object is included as process safety
3management process equipment in the owner’s process safety
4management program. If the commissioner intends to deny the
5request, the bill requires the commissioner to contact the
6owner prior to the denial and provide an opportunity for the
7owner to address the reasons for the intended denial. The bill
8requires the owner of the object that is granted the longer
9inspection interval to comply with additional inspections and
10recordkeeping requirements as specified in the bill.
-3-je/rn
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 89.3, subsection 5, paragraph a,
2subparagraph (4), subparagraph division (b), Code 2023, is
3amended to read as follows:
4(b) The object is an unfired steam pressure vessel and is
5 part of or integral to the continuous operation of a process
6covered by and compliant with the occupational safety and
7health administration process safety management standard
8contained in 29 C.F.R. §1910.119 and the owner demonstrates
9such compliance to a special inspector or the commissioner.
10The unfired steam pressure vessel object must also be included
11as process safety management process equipment in the owner
12of the unfired steam pressure vessel’s owner’s process safety
13management program.
14 Sec. 2. Section 89.3, Code 2023, is amended by adding the
15following new subsection:
16 NEW SUBSECTION. 5A. The owner of an object that meets all
17of the criteria in subsection 5, paragraph “a”, may request from
18the commissioner an internal inspection time period of longer
19than four years, but not to exceed seven years, if the object
20is an integral part of a continuous operation of a process
21that is covered by and compliant with the occupational safety
22and health administration process safety management standard
23contained in 29 C.F.R. §1910.119 and has a planned outage
24schedule that is longer than four years. The commissioner
25may grant the longer inspection interval if the owner is
26able to demonstrate to the commissioner that the object is
27in compliance with the process safety management standard
28contained in 29 C.F.R. §1910.119 and that the object is
29included as process safety management process equipment in the
30owner’s process safety management program. If the commissioner
31intends to deny the request, the commissioner shall contact
32the owner prior to the denial and provide an opportunity for
33the owner to address the reasons for the intended denial. The
34owner of the object that is granted the longer inspection
35interval shall comply with the requirements contained in
-1-1subsection 5, paragraph “b”.
2EXPLANATION
3The inclusion of this explanation does not constitute agreement with
4the explanation’s substance by the members of the general assembly.
5This bill relates to boiler inspections.
6The bill modifies one of the criteria necessary for a boiler
7or pressure vessel to be inspected at least once each year
8externally while under pressure and at least once every four
9years internally while not under pressure, unless the labor
10commissioner determines an earlier inspection is warranted.
11Under current law, one of the criteria for an unfired steam
12pressure vessel to be eligible for such an inspection schedule
13is that the vessel is part of or integral to the continuous
14operation of a process covered by and compliant with a
15specified occupational safety and health administration
16process safety management standard, and the owner demonstrates
17such compliance to a special inspector or the commissioner.
18Additionally, the vessel must also be included as process
19safety management process equipment in the owner of the unfired
20steam pressure vessel’s process safety management program. The
21bill provides that this criterion is not limited to unfired
22steam pressure vessels, but includes any boiler or pressure
23vessel. The bill also strikes the reference to a special
24inspector.
25The bill also authorizes the owner of a boiler or pressure
26vessel meeting certain criteria as specified in the bill to
27request from the commissioner an internal inspection time
28period of longer than four years, but not to exceed seven
29years, if the boiler or vessel is an integral part of a
30continuous operation of a process that is covered by and
31compliant with a specified occupational safety and health
32administration process safety management standard and has a
33planned outage schedule that is longer than four years. The
34commissioner may grant the longer inspection interval if the
35owner is able to demonstrate to the commissioner that the
-2-1object is in compliance with the process safety management
2standard and that the object is included as process safety
3management process equipment in the owner’s process safety
4management program. If the commissioner intends to deny the
5request, the bill requires the commissioner to contact the
6owner prior to the denial and provide an opportunity for the
7owner to address the reasons for the intended denial. The bill
8requires the owner of the object that is granted the longer
9inspection interval to comply with additional inspections and
10recordkeeping requirements as specified in the bill.
-3-je/rn