89BOILERS AND UNFIRED STEAM PRESSURE VESSELS89.1Authority.1The director shall enforce the provisions of this chapter and may employ qualified personnel under the provisions of chapter 8A, subchapter IV, to administer the provisions of this chapter.2The provisions of this chapter shall apply to all boilers and unfired steam pressure vessels in this state, except as otherwise provided in this chapter.[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §89.1]2003 Acts, ch 145, §161; 2023 Acts, ch 19, §178689.2Definitions.For the purpose of this chapter unless the context otherwise requires:1“ASME code” means the boiler and pressure vessel code published by the American society of mechanical engineers.2“Board” means the boiler and pressure vessel board created in section 89.14.3“Boiler” means a vessel in which water or other liquids are heated, steam or other vapors are generated, steam or other vapors are superheated, or any combination thereof, under pressure or vacuum by the direct application of heat.4“Department” means the department of inspections, appeals, and licensing.5“Director” means the director of the department of inspections, appeals, and licensing.6“Exhibition boiler” means a boiler which is operated in the state for nonprofit purposes including, but not limited to, exhibitions, fairs, parades, farm machinery shows, or any other event of an historical or educational nature. An “exhibition boiler” includes steam locomotives, traction and portable steam engines, and stationary boilers of the firetube, watertube, and returntube class, model or miniature, and may be riveted, riveted and welded, or all welded construction, if used within the state solely for nonprofit purposes.7“National board inspection code” means the manual for boiler and pressure vessel inspectors published by the national board of boiler and pressure vessel inspectors.8“Object” means a boiler or pressure vessel.9“Power boiler” means a boiler in which steam or other vapor is generated at a pressure of more than fifteen pounds per square inch or a water boiler intended for operation at pressures in excess of one hundred sixty pounds per square inch or temperatures in excess of 250 degrees Fahrenheit.10a“Public assembly” means the assembly of people in any of the following:1A building or structure primarily used as a theater, motion picture theater, museum, arena, exhibition hall, school, college, dormitory, bowling alley, physical fitness center, family entertainment center, lodge hall, union hall, pool hall, casino, place of worship, funeral home, institution of health and custodial care, hospital, or child care or adult day services facility.2A building or structure, a portion of which is primarily used for amusement, entertainment, or instruction.3A building or structure owned by or leased to the state or any of its agencies or political subdivisions.bHowever, for purposes of this chapter, “public assembly” does not include the assembly of people in buildings or structures containing only eating and drinking establishments or in any building used exclusively by an employer for training or instruction of its own employees.11“Special inspector” means an inspector who holds a commission from the director and who is not a state employee.12“Steam heating boiler” means a boiler operating at not more than fifteen pounds per square inch; or a hot water heating boiler operating at not more than one hundred sixty pounds per square inch and not more than 250 degrees Fahrenheit at the boiler outlet.13“Unfired steam pressure vessel” means a vessel or container used for the containment of steam pressure either internal or external in which the pressure is obtained from an external source.[C62, 66, 71, 73, 75, 77, §89.12; C79, 81, §89.2]89 Acts, ch 321, §26; 92 Acts, ch 1098, §3; 2000 Acts, ch 1097, §1; 2001 Acts, ch 24, §26; 2001 Acts, ch 64, §1; 2004 Acts, ch 1107, §2, 30; 2008 Acts, ch 1032, §201; 2009 Acts, ch 94, §12023 Acts, ch 19, §1787 – 1789; 2023 Acts, ch 45, §189.3Inspection made.1It shall be the duty of the director to inspect or cause to be inspected internally and externally, at least once every twelve months, except as otherwise provided in this section, in order to determine whether all such equipment is in a safe and satisfactory condition, and properly constructed and maintained for the purpose for which it is used, all boilers and unfired steam pressure vessels operating in excess of fifteen pounds per square inch, all low pressure heating boilers and unfired steam pressure vessels located in places of public assembly and other appurtenances used in this state for generating or transmitting steam for power, or for using steam under pressure for heating or steaming purposes.2The director may enter any building or structure, public or private, for the purpose of inspecting any equipment covered by this chapter or gathering information with reference thereto.3The director may inspect boilers and tanks and other equipment stamped with the American society of mechanical engineers code symbol for other than steam pressure, manufactured in Iowa, when requested by the manufacturer.4aAn object that meets all of the following criteria shall be inspected at least once every two years internally and externally while not under pressure, and at least once every two years externally while under pressure, unless the director determines that an earlier inspection is warranted:1The object is a boiler with one hundred thousand pounds per hour or more capacity, or the object is an unfired steam pressure vessel or a regulated appurtenance that is part of the same system as a boiler with one hundred thousand pounds per hour or more capacity.2The object contains only water subject to internal continuous water treatment under the direct supervision of a graduate engineer or chemist, or one having equivalent experience in the treatment of boiler water.3The water treatment is for the purpose of controlling and limiting serious corrosion and other deteriorating factors.bThe owner or user of an object meeting the criteria in paragraph “a” shall do the following:1At any time the director, a special inspector, or the supervisor of water treatment deems a hydrostatic test is necessary to determine the safety of an object, conduct the test under the supervision of the director.2Keep available for examination by the director accurate records showing the date and actual time the object is out of service and the reason it is out of service.3Keep available for examination by the director chemical physical laboratory analyses of samples of the object water taken at regular intervals of not more than forty-eight hours of operation as will adequately show the condition of the water and any elements or characteristics of the water which are capable of producing corrosion or other deterioration of the object or its parts.5aAn object that meets all of the following criteria shall be inspected at least once each year externally while under pressure and at least once every four years internally while not under pressure, unless the director determines an earlier inspection is warranted:1The object is a boiler with one hundred thousand pounds per hour or more capacity, or the object is an unfired steam pressure vessel or a regulated appurtenance that is part of the same system as a boiler with one hundred thousand pounds per hour or more capacity.2The object contains only water subject to internal continuous water treatment under the direct supervision of a graduate engineer or chemist, or one having equivalent experience in the treatment of boiler water.3The water treatment is for the purpose of controlling and limiting serious corrosion and other deteriorating factors.4Either of the following:aThe owner or user is a participant in good standing in the Iowa occupational safety and health voluntary protection program and has achieved star status within the program, which is administered by the division of labor services in the department of inspections, appeals, and licensing.bThe object is an unfired steam pressure vessel and is part of or integral to the continuous operation of a process covered by and compliant with the occupational safety and health administration process safety management standard contained in 29 C.F.R. §1910.119 and the owner demonstrates such compliance to a special inspector or the director. The unfired steam pressure vessel must also be included as process safety management process equipment in the owner of the unfired steam pressure vessel’s process safety management program.bThe owner or user of an object that meets the criteria in paragraph “a” shall do the following:1At any time the director, a special inspector, or the supervisor of the water treatment deems a hydrostatic test necessary to determine the safety of an object, conduct the test under the supervision of the director.2Keep available for examination by the director accurate records showing the date and actual time the object is out of service and the reason it is out of service.3Arrange for an internal inspection of the object during each planned outage by a special inspector or the director.4Keep for examination by the director accurate records showing the chemical physical laboratory analyses of samples of the object’s water taken at regular intervals of not more than forty-eight hours of operation adequate to show the condition of the water and any elements or characteristics of the water that are capable of producing corrosion or other deterioration of the object or its parts.6aThe owner of an object that meets all of the criteria in subsection 4, paragraph “a”, may request from the director an internal inspection time period of longer than two years, but not to exceed seven years, if the object is an integral part of a continuous operation of a process that is covered by and compliant with the occupational safety and health administration process safety management standard contained in 29 C.F.R. §1910.119 and has a planned outage schedule that is longer than two years.bThe director may grant the longer inspection interval if the owner is able to demonstrate to the director that the object is in compliance with the process safety management standard contained in 29 C.F.R. §1910.119 and that the object is included as process safety management process equipment in the owner’s process safety management program. In evaluating the request, the director shall also consider whether the object meets the requirements contained in the national board inspection code, the object is fit for service based on the year of fabrication and the estimated service life of the object as determined by part 2 of the national board inspection code, and the owner has implemented practices for managing consumable items and ancillary equipment of the object. Upon request by the director, the owner shall provide the director with the findings of any previous inspections of the object under this chapter.cIf the director intends to deny the request, the director shall contact the owner prior to the denial and provide an opportunity for the owner to address the reasons for the intended denial. If the board has not adopted rules pursuant to section 89.14, subsection 11, the lack of adoption shall not be grounds for the director not to consider a request for a longer inspection interval pursuant to this subsection.dThe owner of the object that is granted the longer inspection interval shall comply with the requirements contained in subsection 5, paragraph “b”.7Internal inspections of cast aluminum steam, cast aluminum hot water heating, sectional cast iron steam, and cast iron hot water heating boilers shall be conducted only as deemed necessary by the director. External operating inspections shall be conducted annually.8Internal inspections of steel hot water boilers shall be conducted once every six years. External operating inspections shall be conducted annually in years other than the year in which internal inspections are conducted.9Inspections of unfired steam pressure vessels operating in excess of fifteen pounds per square inch and low pressure steam boilers shall be conducted at least once each calendar year. The inspections conducted within each two-year period shall include an external inspection conducted while the boiler is operating and an internal inspection, where construction permits. No more than one inspection shall be conducted per six-month period. An internal inspection of an unfired steam pressure vessel or low pressure steam boiler may be required at any time by the director upon the observation by an inspector of conditions, enumerated by the director through rules, warranting an internal inspection. If a low pressure steam boiler is in dry lay-up, an internal inspection shall be conducted in lieu of an external inspection. For purposes of this subsection, “dry lay-up” means a process whereby a boiler is taken out of service for a period of six months or longer, drained, dried, and cleaned, and measures to prevent corrosion are performed on the boiler. 10An internal inspection shall not be required on an unfired steam pressure vessel that was manufactured without an inspection opening.11An exhibition boiler does not require an annual inspection certificate but special inspections may be requested by the owner or an event’s management to be performed by the director. Upon the completion of an exhibition boiler inspection, a written condition report shall be prepared by the director regarding the condition of the exhibition boiler’s boiler or pressure vessel. This report will be issued to the owner and the management of all events at which the exhibition boiler is to be operated. The event’s management is responsible for the decision on whether the exhibition boiler should be operated and shall inform the department of the event’s management’s decision. The event’s management is responsible for any injuries which result from the operation of any exhibition boiler approved for use at the event by the event’s management. A repair symbol, known as the “R” stamp, is not required for repairs made to exhibition boilers pursuant to the rules regarding inspections and repair of exhibition boilers as adopted by the director, pursuant to chapter 17A.12An inspection report created pursuant to this chapter that requires modification, alteration, or change shall be in writing and shall cite the state law or rule or the ASME code section allegedly violated.[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §89.2; C79, 81, §89.3]85 Acts, ch 105, §1; 89 Acts, ch 321, §27; 97 Acts, ch 27, §12004 Acts, ch 1107, §3, 30; 2007 Acts, ch 135, §1 – 3; 2009 Acts, ch 94, §2; 2009 Acts, ch 179, §34; 2010 Acts, ch 1015, §3; 2011 Acts, ch 34, §19; 2012 Acts, ch 1043, §1; 2013 Acts, ch 66, §1, 5; 2014 Acts, ch 1092, §23; 2018 Acts, ch 1098, §1; 2022 Acts, ch 1032, §19, 20; 2023 Acts, ch 19, §1790; 2023 Acts, ch 45, §2; 2024 Acts, ch 1043, §3889.4Exemptions.1The provisions of this chapter shall not apply to the following boilers:aBoilers of railway locomotives subject to federal inspection.bBoilers operated and regularly inspected by railway companies operating in interstate commerce.cBoilers under the jurisdiction and subject to inspection by the United States government.dSteam heating boilers and unfired steam pressure vessels associated with steam heating boilers and mobile power boilers used exclusively for agricultural purposes.eHeating boilers in residences.fFire engine boilers brought into the state for temporary use in times of emergency.gLow pressure heating boilers used in buildings other than those for public assembly.hHot water heating boilers used for heating pools or spas regulated by the department of inspections, appeals, and licensing pursuant to chapter 135I.iWater heaters used for potable water if the capacity is less than or equal to one hundred twenty gallons, the burner input is less than or equal to two hundred thousand British thermal units, and the maximum allowable working pressure is less than one hundred sixty pounds per square inch.jAn electric boiler with a water capacity of six gallons or less that is used as an integral part of an espresso coffee machine, cappuccino coffee machine, or cleaning machine.kContinuous coil-type hot water boilers used only for steam vapor cleaning, to which all of the following apply:1The size of the tubing or pipe, with no drums or headers attached, does not exceed three-fourths of one inch in diameter.2Nominal water capacity of the boiler does not exceed six gallons.3Water temperature in the boiler does not exceed 350 degrees Fahrenheit.4Steam is not generated within the coil.2Unfired steam pressure vessels not exceeding the following limitations are not required to be reported to the director and shall be exempt from regular inspection under provisions of this chapter:aA vessel not greater than five cubic feet in volume and not having a pressure greater than two hundred fifty pounds per square inch.bA vessel not greater than one and one-half cubic feet in volume with no limit on pressure.3Jacketed direct or indirect fired vessels built and installed in accordance with the American society of mechanical engineers code, section VIII, division 1, appendix 19, shall not be considered boilers or power boilers for purposes of this chapter and shall not be required to meet the American society of mechanical engineers standard for controls and safety devices for automatically fired boilers. However, jacketed direct or indirect fired vessels as described in this subsection shall be subject to inspection under section 89.3 as pressure vessels.4An object shall not be considered under pressure and shall not be within the scope of this chapter when there is clear evidence that the manufacturer did not intend the object to be operated at more than three pounds per square inch and the object is operating at three pounds per square inch or less.[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §89.3; C79, 81, §89.4]92 Acts, ch 1098, §4; 98 Acts, ch 1222, §21, 28; 2005 Acts, ch 47, §1; 2007 Acts, ch 135, §4; 2010 Acts, ch 1015, §4; 2013 Acts, ch 66, §2, 3, 5; 2014 Acts, ch 1026, §20; 2018 Acts, ch 1098, §2; 2023 Acts, ch 19, §57, 1791; 2023 Acts, ch 66, §1889.5Rules — records.1The director shall investigate and record the cause of any boiler explosion that may occur in the state, the loss of life, injuries sustained, and estimated loss of property, if any; and such other data as may be of benefit in preventing a recurrence of similar explosions.2The director shall keep a complete and accurate record of the name of the owner or user of each steam boiler or other equipment subject to this chapter, giving a full description of the equipment, including the type, dimensions, age, condition, the amount of pressure allowed, and the date when last inspected.[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §89.4; C79, 81, §89.5]96 Acts, ch 1149, §1; 2004 Acts, ch 1107, §4, 5, 30; 2010 Acts, ch 1031, §54; 2011 Acts, ch 34, §20; 2023 Acts, ch 19, §1792; 2024 Acts, ch 1169, §1389.6 Notice to director.1Before any equipment included under the provisions of this chapter is installed by any owner, user, or lessee thereof, a ten days’ written notice of intention to install the equipment shall be given to the director. The notice shall designate the proposed place of installation, the type and capacity of the equipment, the use to be made thereof, the name of the company which manufactured the equipment, and whether the equipment is new or used.2Before any power boiler is converted to a low pressure boiler, the owner or user shall give to the director ten days’ written notice of intent to convert the boiler. The notice shall designate the boiler location, the uses of the building, and other information specified by rule by the board.[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §89.5; C79, 81, §89.6]2010 Acts, ch 1015, §5; 2011 Acts, ch 25, §11; 2023 Acts, ch 19, §179389.7Special inspectors.1The inspection required by this chapter shall not be made by the director if an owner or user of equipment specified by this chapter obtains an inspection by a representative of a reputable insurance company and obtains a policy of insurance upon the equipment from that insurance company.2The representative conducting the inspection shall be commissioned by the director as a special inspector for the year during which the inspection occurs and shall meet such other requirements as the director may by rule establish. The commission shall be valid for one year and the special inspector shall pay a fee for the issuance of the commission. The director shall establish the amount of the fee by rule. The director shall establish rules for the issuance and revocation of special inspector commissions. The rules are subject to the requirements of chapter 17A.3The insurance company shall file a notice of insurance coverage on forms approved by the director stating that the equipment is insured and that inspection shall be made in accordance with section 89.3.4The special inspector shall provide the user and the director with an inspection report including the nature and extent of all defects and violations, in a format approved by the director.5The failure of a special inspector to inform the director of violations shall not subject the director to liability for any damages incurred.[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §89.6; C79, 81, §89.7]85 Acts, ch 102, §1; 87 Acts, ch 15, §1; 90 Acts, ch 1136, §4, 5; 91 Acts, ch 136, §2; 2004 Acts, ch 1107, §6, 30; 2007 Acts, ch 135, §52023 Acts, ch 19, §179489.7ACertificates.1The director shall issue a certificate of inspection valid for the period specified in section 89.3 after the payment of a fee, the filing of an inspection report, and the correction or other appropriate resolution of any defects identified in the inspection report. The certificate shall be posted at a place near the location of the equipment.2The owner or user of any equipment covered in this chapter, or persons in charge of such equipment, shall not allow or permit a greater pressure in any unit than is stated in the certificate of inspection issued by the director.3The director shall indicate to the user whether or not the equipment may be used without making repair or replacement of defective parts, or whether or how the equipment may be used in a limited capacity before repairs or replacements are made, and the director may permit the user a reasonable time to make such repairs or replacements.2007 Acts, ch 135, §6; 2008 Acts, ch 1031, §29; 2023 Acts, ch 19, §179589.8Boiler and pressure vessel safety fund — fees appropriated.Repealed by 2023 Acts, ch 108, §51.89.9Disposal of fees.All fees provided for in this chapter shall be collected by the director and remitted to the treasurer of state, to be deposited in the licensing and regulation fund created in section 10A.507, together with an itemized statement showing the source of collection.[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §89.8; C79, 81, §89.9]2004 Acts, ch 1107, §8, 30; 2023 Acts, ch 19, §1797; 2023 Acts, ch 108, §3389.10Penalty.Any person or persons, corporations and directors, managers and superintendents, and officers thereof, violating any of the provisions of this chapter, shall be guilty of a simple misdemeanor.[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §89.9; C79, 81, §89.10]89.11Injunction.1In addition to all other remedies, if any owner, user, or person in charge of any equipment covered by this chapter continues to use any equipment covered by this chapter, after receiving an inspection report identifying defects and exhausting appeal rights as provided by this chapter without first correcting the defects or making replacements, the director may apply to the district court by petition in equity, in an action brought in the name of the state, for a writ of injunction to restrain the use of the alleged defective equipment.2If the director believes that the continued operation of equipment constitutes an imminent danger that could seriously injure or cause death to any person, in addition to all other remedies, the director may apply to the district court in the county in which the imminently dangerous condition exists for a temporary order to enjoin the owner, user, or person in charge from operating the equipment before the owner’s, user’s, or person’s rights to administrative appeals have been exhausted.[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §89.10; C79, 81, §89.11]2004 Acts, ch 1107, §9, 30; 2007 Acts, ch 135, §7; 2009 Acts, ch 133, §23; 2023 Acts, ch 19, §179889.12Hearing notice decree.The director shall notify in writing the owner or user of the equipment of the time and place of hearing of the petition as fixed by the court or judge, and shall serve the notice on the defendant at least five days prior to the hearing in the same manner as original notices are served. The general provisions relating to civil practice and procedure as may be applicable, shall govern the proceedings, except as modified in this chapter. In the event the defendant does not appear or plead to the action, default shall be entered against the defendant. The action shall be tried in equity, and the court or judge shall make such order or decree as the evidence warrants.[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §89.11; C79, 81, §89.12]2023 Acts, ch 19, §1799; 2023 Acts, ch 66, §1989.13Civil penalty allowed.If upon notice and hearing the director determines that an owner has operated a facility in violation of a safety order, the director may assess a civil penalty against the owner in an amount not exceeding five hundred dollars, as determined by the director. An order assessing a civil penalty is subject to appeal to the employment appeal board and to judicial review. The director may commence an action in the district court to enforce payment of a civil penalty. Revenue from the penalty provided in this section shall be remitted to the treasurer of state for deposit in the general fund of the state.90 Acts, ch 1136, §62023 Acts, ch 19, §180089.14Boiler and pressure vessel board — created — duties.1A boiler and pressure vessel board is created within the department to formulate definitions and rules requirements for the safe and proper installation, repair, maintenance, alteration, use, and operation of boilers and pressure vessels in this state.2The boiler and pressure vessel board is composed of nine members as follows:aThe director or the director’s designee.bThe following eight members who shall be appointed by the governor, subject to confirmation by the senate, to four-year staggered terms beginning and ending as provided in section 69.19.1One member shall be a special inspector who is employed by an insurance company that is licensed and actively writing boiler and machinery insurance in this state and who is commissioned to inspect boiler and pressure vessels in this state.2One member shall be appointed from a certified employee organization and shall represent steamfitters.3One member shall be appointed from a certified employee organization and shall represent boilermakers.4Two members shall be mechanical engineers who regularly practice in the area of boilers and pressure vessels.5One member shall be a boiler and pressure vessel distributor in this state.6One member shall represent boiler and pressure vessel manufacturers.7One member shall be a mechanical contractor engaged in the business of installation, renovation, and repair of boilers and pressure vessels.3A vacancy in membership shall be filled in the same manner as the original appointment. The members shall serve without compensation, but shall be reimbursed for actual and necessary expenses incurred in the performance of official duties as a member.4The members of the board shall select a chairperson, vice chairperson, and secretary from their membership. However, neither the director nor the director’s designee shall serve as chairperson. The board shall meet at least quarterly but may meet as often as necessary. Meetings shall be set by a majority of the board or upon the call of the chairperson, or in the chairperson’s absence, upon the call of the vice chairperson. A majority of the board members shall constitute a quorum.5The board shall adopt rules pursuant to chapter 17A necessary to administer the duties of the board. Rules adopted by the board shall be in accordance with accepted engineering standards and practices. The board shall adopt rules relating to the equipment covered by this chapter that are in accordance with the ASME code, which may include addenda, interpretations, and code cases, as soon as reasonably practical following publication by the American society of mechanical engineers. The board shall adopt rules to require that operation of equipment cease in the event of imminent danger.6A notice of defect or inspection report issued by the director pursuant to this chapter may, within thirty days after the making of the order, be appealed to the board. Board action constitutes final agency action for purposes of chapter 17A.7Not later than July 1, 2005, and every three years thereafter, the board shall conduct a comprehensive review of existing boiler rules, regulations, and standards, including but not limited to those relating to potable hot water supply boilers and water heaters.8The board shall establish fees for examinations, inspections, annual statements, shop inspections, and other services. The fees shall reflect the actual costs and expenses necessary to operate the board and perform the duties of the director.9The board may adopt rules governing the conversion of power boilers to low pressure boilers.10The board may adopt rules establishing an internal inspection interval of up to four years for objects that are subject to inspection pursuant to section 89.3, subsection 4, and are owned and operated by electric public utilities subject to rate regulation under chapter 476.11The board shall adopt rules to allow an extended internal inspection interval of up to seven years for objects that are subject to inspection pursuant to section 89.3, subsection 6.2004 Acts, ch 1107, §10, 30; 2007 Acts, ch 135, §8; 2009 Acts, ch 94, §3; 2010 Acts, ch 1015, §6; 2013 Acts, ch 66, §4, 5; 2023 Acts, ch 19, §1801 – 1803; 2023 Acts, ch 45, §3; 2024 Acts, ch 1043, §39Confirmation, see §2.32