SF 321 (LSB 1606SV (2) 90)

SENATE FILE 321

BY  COMMITTEE ON WORKFORCE

(SUCCESSOR TO SSB 1073)

A BILL FOR

An Act relating to boiler inspections.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 89.3, subsection 5, paragraph a, subparagraph (4), subparagraph division (b), Code 2023, is amended to read as follows:
   (b)  The 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 commissioner. The unfired steam pressure vessel object must also be included as process safety management process equipment in the owner of the unfired steam pressure vessel’s owner’s process safety management program.
    Sec. 2.  Section 89.3, Code 2023, is amended by adding the following new subsection:
   NEW SUBSECTION.  5A.  The owner of an object that meets all of the criteria in subsection 5, paragraph “a”, may request from the commissioner an internal inspection time period of longer than four 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 four years. The commissioner may grant the longer inspection interval if the owner is able to demonstrate to the commissioner 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. If the commissioner intends to deny the request, the commissioner shall contact the owner prior to the denial and provide an opportunity for the owner to address the reasons for the intended denial. The owner of the object that is granted the longer inspection interval shall comply with the requirements contained in subsection 5, paragraph “b”.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to boiler inspections.
   The bill modifies one of the criteria necessary for a boiler or pressure vessel to 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 labor commissioner determines an earlier inspection is warranted. Under current law, one of the criteria for an unfired steam pressure vessel to be eligible for such an inspection schedule is that the vessel is part of or integral to the continuous operation of a process covered by and compliant with a specified occupational safety and health administration process safety management standard, and the owner demonstrates such compliance to a special inspector or the commissioner. Additionally, the 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. The bill provides that this criterion is not limited to unfired steam pressure vessels, but includes any boiler or pressure vessel. The bill also strikes the reference to a special inspector.
   The bill also authorizes the owner of a boiler or pressure vessel meeting certain criteria as specified in the bill to request from the commissioner an internal inspection time period of longer than four years, but not to exceed seven years, if the boiler or vessel is an integral part of a continuous operation of a process that is covered by and compliant with a specified occupational safety and health administration process safety management standard and has a planned outage schedule that is longer than four years. The commissioner may grant the longer inspection interval if the owner is able to demonstrate to the commissioner that the object is in compliance with the process safety management standard and that the object is included as process safety management process equipment in the owner’s process safety management program. If the commissioner intends to deny the request, the bill requires the commissioner to contact the owner prior to the denial and provide an opportunity for the owner to address the reasons for the intended denial. The bill requires the owner of the object that is granted the longer inspection interval to comply with additional inspections and recordkeeping requirements as specified in the bill.