ARC 2419C
LABOR SERVICES DIVISION[875]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 89.14, the Boiler and Pressure Vessel Board hereby gives Notice of Intended Action to amend Chapter 90, “Administration of the Boiler and Pressure Vessel Program,” and Chapter 91, “General Requirements for All Objects,” Iowa Administrative Code.
This notice includes several changes to reporting requirements for boilers and unfired steam pressure vessels and organizes reporting requirements in one rule.
Rule 875—90.11(89) currently requires owners of boilers and pressure vessels to report explosions to the Division of Labor. However, boiler incidents other than explosions can damage equipment and can be evidence that the equipment needs to be repaired or replaced. Thus, this proposal would expand the required reporting to include certain injuries and illnesses.
Contractors who perform certain alterations and repairs on boilers and unfired steam pressure vessels are already required to complete reports and submit them to the National Board of Boiler and Pressure Vessel Inspectors. This proposal would require that contractors file those same reports with the Iowa Labor Commissioner.
The proposal would move existing reporting requirements concerning controls and safety devices to the same rule as the reporting requirements listed above.
The purposes of these amendments are to protect the health and safety of the public and implement legislative intent.
If requested in accordance with Iowa Code section 17A.4(1)“b” by the close of business on March 8, 2016, a public hearing will be held on March 9, 2016, at 1 p.m. in the Capitol View Room at 1000 East Grand Avenue, Des Moines, Iowa. Interested persons will be given the opportunity to make oral statements and file documents concerning the proposed amendments. The facility for the oral presentations is accessible to and functional for persons with physical disabilities. Persons who have special requirements should call (515)281-5915 in advance to arrange access or other needed services.
Written data, views, or arguments to be considered in adoption shall be submitted by interested persons no later than March 9, 2016, to the Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa 50319-0209. Comments may be sent electronically to kathleen.uehling@iwd.iowa.gov.
After analysis and review of this rule making, no impact on jobs has been found.
These amendments are intended to implement Iowa Code chapter 89.
The following amendments are proposed.
	Item 1. Rescind rule 875—90.11(89) and adopt the following new rule in lieu thereof:
875—90.11(89) Reporting requirements.
	90.11(1) Control and safety device reports.  Documentation required by this subrule shall be kept on site and shall be available for inspection.
	a. 	The requirements of this subrule do not apply to:
	(1)	An object within the scope of 875—Chapter 95;
	(2)	An object within the scope of 875—Chapter 96;
	(3)	A hot water supply boiler covered by ASME Section IV, Part HLW; or
	(4)	A boiler with a fuel input rating greater than or equal to 12,500,000 Btu per hour, falling within the scope of NFPA 85, Boiler and Combustion Systems Hazards Code.
	b. 	The installer shall complete a Manufacturer’s/Installing Contractor’s Report for ASME CSD-1 (CSD-1 report) for each newly installed or reinstalled object.
	c. 	A person who installs a new burner, new gas train, or new controller on an object shall complete a CSD-1 report.
	d. 	A person who replaces a part or component of an object shall complete the relevant portions of the CSD-1 report unless the replacement satisfies the design specifications. A copy of an invoice containing the same information as the relevant portions of the CSD-1 report is an acceptable alternative.
	90.11(2) Reporting repairs and alterations. If the National Board Inspection Code requires that an R-1 Report of Repair or an R-2 Report of Alteration be filed with the National Board, a copy of the National Board form must be simultaneously filed with the labor commissioner.
	90.11(3) Reporting explosions and other incidents.
	a. 	The following definitions apply to this subrule.
“Incident” means the explosion of a covered object or other failure of a component of a covered object causing injury or acute illness.
“Injury” means a personal injury requiring professional medical care or causing disability exceeding one day.
	b. 	The owner or user of a covered object shall notify the commissioner of an incident. A special inspector investigating an incident shall notify the owner or user of this reporting requirement.
	c. 	Incident reports shall be made by calling (515)281-3647 or (515)281-6533. If the incident occurs during normal division operating hours, notification shall occur before close of business on that day. If the incident occurs when the division office is closed, the notification shall occur no later than close of business on the next division business day. Division hours are 8 a.m. to 4:30 p.m., Monday through Friday, except state holidays.
	d. 	At the request of the commissioner, a person who submits a report pursuant to this subrule shall also submit a written report that includes the state identification number of the object, name of the owner of the object, and description of the incident.
	e. 	The removal of any part of the damaged object from the premises is forbidden until permission to do so is granted by the state inspector or special inspector who investigated the incident.
	f. 	When an incident involves the failure or destruction of any part of the object, the use of the object is forbidden until it has been made safe and it has passed an inspection by the state inspector or special inspector who investigated the incident.
	Item 2. Amend subrule 91.1(6) as follows:
	91.1(6) Control and safety device code adopted by reference. Controls and Safety Devices for Automatically Fired Boilers (CSD-1) (2012) is adopted by reference, and reinstallations and installations after October 31, 2013, shall comply with it. Reporting requirements concerning CSD-1 are set forth at rule 875—90.11(89).
	Item 3. Rescind and reserve rule 875—91.20(89).