ARC 4977C
LABOR SERVICES DIVISION[875]
Adopted and Filed
Rule making related to boiler and pressure vessel codes
The Boiler and Pressure Vessel Board hereby amends Chapter 90, “Administration of the Boiler and Pressure Vessel Program,” and Chapter 91, “General Requirements for All Objects,” Iowa Administrative Code.
Legal Authority for Rule Making
This rule making is adopted under the authority provided in Iowa Code section 89.14.
State or Federal Law Implemented
This rule making implements, in whole or in part, Iowa Code chapter 89.
Purpose and Summary
These amendments adopt by reference the most recent versions of national consensus codes pertaining to boilers and pressure vessels. Adoption of the new codes is due to significant changes concerning the design, manufacture, installation, and inspection requirements. Due to the quantity and wide range of the revisions, please contact the Division of Labor Services with any specific questions.
Public Comment and Changes to Rule Making
Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on January 15, 2020, as ARC 4863C. No public comments were received. No changes from the Notice have been made.
Adoption of Rule Making
This rule making was adopted by the Board on February 20, 2020.
Fiscal Impact
This rule making has no fiscal impact to the State of Iowa.
Jobs Impact
After analysis and review of this rule making, no impact on jobs has been found.
Waivers
Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 875—Chapter 81.
Review by Administrative Rules Review Committee
The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).
Effective Date
This rule making will become effective on April 15, 2020.
The following rule-making actions are adopted:
	Item 1. Amend subrule 90.6(1) as follows:
	90.6(1) General. All boilers and unfired steam pressure vessels covered by Iowa Code chapter 89 shall be inspected according to the requirements of the National Board Inspection Code (2015)(2019), which is hereby adopted by reference. A division inspector or special inspector must perform the inspections.
	Item 2. Amend subrule 91.1(1) as follows:
	91.1(1) ASME boiler and pressure vessel codes adopted by reference. The ASME Boiler and Pressure Vessel Code (2017)(2019) is adopted by reference. Regulated objects shall be designed and constructed in accordance with the ASME Boiler and Pressure Vessel Code (2017)(2019) except for objects that meet one of the following criteria:
	a. 	An object with an ASME stamp and National Board Registration that establish compliance with an earlier version of the ASME Boiler and Pressure Vessel Code;
	b. 	A miniature boiler installed before March 31, 1967;
	c. 	A power boiler or unfired steam pressure vessel installed before July 4, 1951; or
	d. 	A steam heating boiler, hot water heating boiler, or hot water supply boiler installed before July 1, 1960.
	Item 3. Amend subrules 91.1(3) to 91.1(6) as follows:
	91.1(3) Inspection code adopted by reference. The National Board Inspection Code (2017)(2019) is adopted by reference, and reinstallations, installations, alterations, and repairs after September 1, 2018 April 15, 2020, shall comply with it.
	91.1(4) Electric code adopted by reference. The National Electrical Code (2017)(2020) is adopted by reference, and reinstallations and installations after September 1, 2018 April 15, 2020, shall comply with it.
	91.1(5) Piping codes adopted by reference. The Power Piping Code, ASME B31.1 (2016)(2018), and the Building Services Piping Code, ASME B31.9 (2017), are adopted by reference, and reinstallations and installations after September 1, 2018 April 15, 2020, shall comply with them up to and including the first valve.
	91.1(6) Control and safety device code adopted by reference. Controls and Safety Devices for Automatically Fired Boilers (CSD-1) (2015)(2018) is adopted by reference, and reinstallations and installations after September 1, 2018 April 15, 2020, shall comply with it. Reporting requirements concerning CSD-1 are set forth at rule 875—90.11(89).
	Item 4. Amend subrules 91.1(10) and 91.1(11) as follows:
	91.1(10) Liquefied petroleum gas code adopted by reference. National Fire Protection Association Liquefied Petroleum Gas Code, NFPA 58 (2017)(2020), is adopted by reference, and installations and reinstallations after September 1, 2018 April 15, 2020, shall comply with it.
	91.1(11) Boiler and combustion systems hazards code adopted by reference. National Fire Protection Association Boiler and Combustion Systems Hazards Code, NFPA 85 (2015)(2019), is adopted by reference, and installations and reinstallations after April 1, 2016 April 15, 2020, shall comply with it.
[Filed 2/20/20, effective 4/15/20]
[Published 3/11/20]
Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/11/20.