House Study Bill 50
SENATE/HOUSE FILE
BY (PROPOSED DEPARTMENT OF
WORKFORCE DEVELOPMENT
BILL)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the boiler and pressure vessel safety program
2 enforced by the division of labor services of the department
3 of workforce development.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1350DP 82
6 ak/je/5
PAG LIN
1 1 Section 1. Section 89.3, subsections 3 and 4, Code 2007,
1 2 are amended by striking the subsections.
1 3 Sec. 2. Section 89.3, subsection 8, Code 2007, is amended
1 4 to read as follows:
1 5 8. Internal inspections of cast aluminum steam, cast
1 6 aluminum hot water heating, sectional cast iron steam, and
1 7 cast iron hot water heating boilers shall be conducted only as
1 8 deemed necessary by the commissioner. External operating
1 9 inspections shall be conducted annually.
1 10 Sec. 3. Section 89.3, subsection 9, Code 2007, is amended
1 11 to read as follows:
1 12 9. Internal inspections of steel hot water boilers shall
1 13 be conducted once every six years. The initial inspection of
1 14 all affected boilers shall be apportioned by the commissioner
1 15 over the six=year period after July 1, 1978. External
1 16 operating inspections shall be conducted annually.
1 17 Sec. 4. Section 89.7, Code 2007, is amended by striking
1 18 the section and inserting in lieu thereof the following:
1 19 89.7 SPECIAL INSPECTORS.
1 20 1. The inspection required by this chapter shall not be
1 21 made by the commissioner if an owner or user of equipment
1 22 specified by this chapter obtains an inspection by a
1 23 representative of a reputable insurance company and obtains a
1 24 policy of insurance upon the equipment from that insurance
1 25 company.
1 26 2. The representative conducting the inspection shall be
1 27 commissioned by the commissioner as a special inspector for
1 28 the year during which the inspection occurs and shall meet
1 29 such other requirements as the commissioner may by rule
1 30 establish. The commission shall be valid for one year and the
1 31 special inspector shall pay a fee for the issuance of the
1 32 commission. The commissioner shall establish the amount of
1 33 the fee by rule. The commissioner shall establish rules for
1 34 the issuance and revocation of special inspector commissions.
1 35 The rules are subject to the requirements of chapter 17A.
2 1 3. The insurance company shall file a notice of insurance
2 2 coverage on forms approved by the commissioner stating that
2 3 the equipment is insured and that inspection shall be made in
2 4 accordance with section 89.3.
2 5 4. The special inspector shall provide the user and the
2 6 commissioner with an inspection report including the nature
2 7 and extent of all defects and violations, in a format approved
2 8 by the labor commissioner.
2 9 5. The failure of a special inspector to inform the
2 10 commissioner of violations shall not subject the commissioner
2 11 to liability for any damages incurred.
2 12 Sec. 5. NEW SECTION. 89.7A CERTIFICATES.
2 13 1. The commissioner shall issue a certificate of
2 14 inspection valid for the period specified in section 89.3
2 15 after the payment of a fee, the filing of an inspection
2 16 report, and the correction or other appropriate resolution of
2 17 any defects identified in the inspection report.
2 18 2. The owner or user of any equipment covered in this
2 19 chapter, or persons in charge of such equipment, shall not
2 20 allow or permit a greater pressure in any unit than is stated
2 21 in the certificate of inspection issued by the commissioner.
2 22 3. The commissioner shall indicate to the user whether or
2 23 not the equipment may be used without making repair or
2 24 replacement of defective parts, or whether or how the
2 25 equipment may be used in a limited capacity before repairs or
2 26 replacements are made, and the commissioner may permit the
2 27 user a reasonable time to make such repairs or replacements.
2 28 Sec. 6. Section 89.11, Code 2007, is amended to read as
2 29 follows:
2 30 89.11 INJUNCTION.
2 31 In addition to any and all other remedies, if any owner,
2 32 user, or person in charge of any equipment covered by this
2 33 chapter, shall continue continues to use any equipment covered
2 34 by this chapter, after receiving a notice of defect an
2 35 inspection report identifying defects and exhausting appeal
3 1 rights as provided by this chapter, without first correcting
3 2 the defects or making replacements, the commissioner may apply
3 3 to the district court or any judge thereof by petition in
3 4 equity, in an action brought in the name of the state, for a
3 5 writ of injunction to restrain the use of the alleged
3 6 defective equipment. However, if the commissioner believes
3 7 that the continued operation of equipment constitutes an
3 8 imminent danger that could seriously injure or cause death to
3 9 any person, in addition to all other remedies, the
3 10 commissioner may apply to the district court in the county in
3 11 which the imminently dangerously condition exists for a
3 12 temporary order to enjoin the owner, user, or person in charge
3 13 before exhausting administrative appeals.
3 14 Sec. 7. Section 89.14, subsections 5 and 8, Code 2007, are
3 15 amended to read as follows:
3 16 5. The board shall adopt rules pursuant to chapter 17A
3 17 necessary to administer the duties of the board. Rules
3 18 adopted by the board shall be in accordance with accepted
3 19 engineering standards and practices. The board shall adopt
3 20 rules relating to the equipment covered by this chapter that
3 21 are in accordance with the ASME code, which may include
3 22 addenda, interpretations, and code cases, as soon as
3 23 reasonably practical following publication by the American
3 24 society of mechanical engineers. The board shall adopt rules
3 25 to require that operation of equipment cease in the event of
3 26 imminent danger.
3 27 8. The board shall establish fees for examinations,
3 28 commissions, inspections, annual statements, shop inspections,
3 29 and other services. The fees shall reflect the actual costs
3 30 and expenses necessary to operate the board and perform the
3 31 duties of the commissioner.
3 32 EXPLANATION
3 33 This bill establishes the same standards for inspection
3 34 reports and issuance of certificates regardless of whether the
3 35 inspection was performed by a special inspector or an
4 1 inspector who is a state employee. It also creates the same
4 2 authority for the commissioner to limit use of equipment
4 3 pending repairs or replacement regardless of whether the
4 4 inspection was performed by a special inspector or an
4 5 inspector who is a state employee.
4 6 The bill substitutes the phrase "notice of insurance
4 7 coverage" for the phrase "certificate of inspection" to
4 8 describe the document used to notify the labor commissioner
4 9 that an insurance company is insuring an object and plans to
4 10 inspect it. The bill establishes a more consistent use of the
4 11 term "inspection report" in the boiler chapter.
4 12 The bill places into separate Code sections requirements
4 13 for inspections by special inspectors and the provisions
4 14 concerning certificates of inspection.
4 15 The bill creates an exemption from regular internal
4 16 inspections for cast aluminum steam and cast aluminum hot
4 17 water heating boilers.
4 18 The bill strikes obsolete language permitting the
4 19 commissioner to apportion the initial inspection of all
4 20 affected steel hot water boilers over a six=year period
4 21 beginning in 1978.
4 22 The bill removes a conflict in the existing statute that
4 23 allows both the labor commissioner and the boiler and pressure
4 24 vessel board to set the fee for issuance of a special
4 25 inspector commission.
4 26 The bill authorizes the labor commissioner to apply to the
4 27 district court for a writ of injunction to restrain the use of
4 28 imminently dangerous equipment without affording the owner an
4 29 opportunity for administrative appeal of the inspection
4 30 report. The bill requires the boiler and pressure vessel
4 31 board to adopt rules to require that the operation of
4 32 imminently dangerous equipment cease.
4 33 LSB 1350DP 82
4 34 ak:rj/je/5.3