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Public Act 094-0748
Public Act 0748 94TH GENERAL ASSEMBLY
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Public Act 094-0748
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| SB3011 Enrolled |
LRB094 15598 LCT 50803 b |
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| AN ACT concerning public safety.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Boiler and Pressure Vessel Safety Act is | amended by changing Sections 2a, 2b, 4, 5, 8, 10, 11, and 15 as | follows:
| (430 ILCS 75/2a) (from Ch. 111 1/2, par. 3202a)
| Sec. 2a. Nuclear facilities. Notwithstanding any other | provision to
the contrary, the Illinois Emergency Management | Agency
Department
of Nuclear Safety shall have sole | jurisdiction over all boilers and pressure
vessels contained | within or upon or in connection with any nuclear facility
| within this State. The Illinois Emergency Management Agency
| Department of Nuclear Safety shall have the same
authority and | shall have and exercise the same powers and duties in relation
| to those boilers and pressure vessels under this Act as the | Board
or the
State Fire Marshal have and exercise in relation | to all boilers
and pressure vessels in this State that are not | included in this
Section.
Notwithstanding any other provision | to the contrary, the Illinois Emergency Management Agency
| Department of
Nuclear Safety shall establish by rule the types | and frequency of
inspections of boilers and pressure vessels | contained within or upon or in
connection with any nuclear | facility. The rules may provide that multiple
boilers and | pressure vessels in a nuclear power system shall be covered by
| a single inspection certificate. The Illinois Emergency | Management Agency
Department of Nuclear Safety may
enter into | such agreements with the Board or the State Fire Marshal as are
| necessary to carry out its duties under this Act. The | agreements may
provide that the Illinois Emergency Management | Agency
Department of Nuclear Safety shall accept and recognize
| Special Inspector Commissions issued by the State Fire Marshal.
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| (Source: P.A. 86-901; 87-1169.)
| (430 ILCS 75/2b) (from Ch. 111 1/2, par. 3202b)
| Sec. 2b. In addition to its other powers, the Illinois | Emergency Management Agency
Department of Nuclear
Safety is | authorized to enter into agreements with the United States
| Nuclear Regulatory Commission for the establishment of a | coordinated and
comprehensive program to minimize the risks | posed by boilers, pressure
vessels, and related components | contained within or upon or in connection
with any nuclear | facility within this State. The program may provide for
such | inspections of nuclear facilities within the State as may be | agreed
upon and for inspections within and outside the State of | Illinois of
boilers and pressure vessels to be installed in any | nuclear facility within
this State.
| (Source: P.A. 86-901.)
| (430 ILCS 75/4) (from Ch. 111 1/2, par. 3205)
| Sec. 4. Existing
boilers and pressure vessels.
| (a) The maximum allowable pressure consistent with the | maximum and
minimum operating temperatures of a boiler carrying | the ASME
Code symbol or of a pressure vessel carrying the ASME | or API-ASME Code
symbol shall be determined by the applicable | section of the Code under
which it was constructed and stamped | or a later edition
of the ASME Code, provided the
rating | conforms with the
rules of the later edition.
| (b) The maximum allowable pressure consistent with the | maximum and
minimum operating temperatures of a boiler or | pressure vessel
that does not carry the ASME or the API-ASME | Code symbol shall be
computed in accordance with the rules and | regulations of the
Board, unless the boiler
or pressure vessel | is of special design or
construction, in which case the Board | may grant, at its discretion, a special
operating permit | consistent with the safety objectives of the rules and
| regulations of the Board.
| (c) This Act does not prohibit the use,
sale, or |
| reinstallation of
a boiler or pressure vessel
referred to in | this Section, provided it has
been made to conform to the rules | and regulations of the Board
governing existing installations, | and provided, further, it has not been
found upon inspection to | be in an unsafe condition.
| (Source: P.A. 87-1169.)
| (430 ILCS 75/5) (from Ch. 111 1/2, par. 3206)
| Sec. 5. Exemptions.
| (a) This Act shall not apply to the following boilers and | pressure vessels:
| (1) Boilers and pressure vessels under federal | regulations, except for
boiler and pressure vessels in | nuclear facilities subject to Section 2a, and
boilers and | pressure vessels located in cities of more than 500,000
| inhabitants.
| (2) Pressure vessels used for transportation and | storage of
compressed or liquefied gases when constructed | in compliance with
specifications of the Department of | Transportation and charged with
gas or liquid, marked, | maintained, and periodically requalified for use,
as | required by appropriate regulations of the Department of
| Transportation.
| (3) Pressure vessels located on vehicles operating | under the rules of
other State authorities and used for | carrying passengers or freight.
| (4) Pressure vessels installed on the right of way of | railroads and
used directly in the operation of trains.
| (5) Boilers and pressure vessels under the inspection | jurisdiction of the
Department of Natural Resources and | located on mine
property.
| (6) Boilers and pressure vessels located on farms and | used solely for
agricultural purposes.
| (7) Steam boilers of a miniature model locomotive, | boat, tractor,
or stationary engine constructed and | maintained as a hobby and not for
commercial use, that have |
| an inside diameter not exceeding 12 inches and a
grate area | not exceeding 1 1/2 square feet, provided they are | constantly
attended while in operation and are equipped | with a water level indicator,
pressure gauge, and a safety | valve of adequate capacity.
| (8) Pressure vessels regulated and inspected under the | Illinois
Fertilizer Act of 1961.
| (9) Pressure vessels containing liquified petroleum | gas regulated under
the Liquified Petroleum Gas Regulation | Act, except those used for industrial
processes.
| (b) The following boilers and pressure vessels shall be | exempt from
the requirements of Sections 10, 11, 12, and 13 of | this Act:
| (1) Steam boilers used for heating purposes and | operated at a
pressure not in excess of 15 pounds per | square inch gauge (psig)
and having a rating not in excess | of 200,000 B.T.U. per hour input.
| (2) Hot water heating boilers operated at a pressure | not in excess of
30 psig and having a rating not in excess | of 200,000 B.T.U. per hour.
| (3) Boilers and pressure vessels, located in private | residences or in
multi-family buildings having fewer than 6 | dwelling units.
| (4) Hot water supply boilers that are directly fired | with oil, gas, or electricity when none of the following | limitations are exceeded:
| (A) Heat input of 200,000 BTU per hour.
| (B) Water temperature of 200 degrees Fahrenheit.
| (C) Nominal water containing capacity of 120 U.S. | gallons.
| (5) Coil type hot water boilers where the water can | flash into steam when released directly to the atmosphere | through a manually operated nozzle provided the following | conditions are met:
| (A) There is no drum, headers, or other steam | space.
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| (B) No steam is generated within the coil.
| (C) Outside diameter of tubing does not exceed 1 | inch.
| (D) Pipe size does not exceed 3/4 inch NPS.
| (E) Water capacity of unit does not exceed 6 U.S. | gallons.
| (F) Water temperature does not exceed 350 degrees | Fahrenheit.
| , that are within
any of the following categories:
| (A) Steam heating boilers operated at not more than | 15 psig.
| (B) Hot water heating boilers operated at not more | than 30 psig.
| (C) Hot water boilers operated at not more than 160 | psig
or 250 degrees Fahrenheit.
| (6)
(D) Pressure vessels containing only water under | pressure for
domestic supply purposes, including those | containing air, the compression
of which serves only a | cushion or airlift pumping function.
| (7)Pressure vessels operated at a pressure not | exceeding 15 psig with no limitation on size.
| (8) Pressure vessels that do not exceed:
| (A) Both a volume of 15 cubic feet and 250 psig | when not located in a place of public assembly.
| (B) Both a volume of 5 cubic and 250 psig when | located in a place of public assembly.
| (C) A volume of 1 1/2 cubic feet or an inside | diameter of 6 inches with no limitation on pressure.
| (9) Water conditioning equipment used for the removal | of minerals, chemicals, or organic or inorganic particles | from water by means other than application of heat | including, without limitation, water softeners, water | filters, dealkalizers, and demineralizers.
| (10) Steam boilers of railroad locomotives and | traction engines built prior
to 1955 that were constructed | or operated
in compliance with the Federal Locomotive |
| Inspection Law and are in the
permanent collection of a | museum or historical association are exempt
from the | requirements of subsection (c) of Section 10 upon proof of
| such construction or inspection being furnished to the | Board.
| (c) (Blank).
Steam boilers of railroad locomotives and | traction engines built prior
to 1955 that were constructed or | operated
in compliance with the Federal Locomotive Inspection | Law and are in the
permanent collection of a museum or | historical association are exempt
from the requirements of | subsection (c) of Section 10 upon proof of
such construction or | inspection being furnished to the Board.
| (Source: P.A. 88-608, eff. 1-1-95; 88-616, eff. 9-9-94;
89-235, | eff. 8-4-95; 89-445, eff. 2-7-96.)
| (430 ILCS 75/8) (from Ch. 111 1/2, par. 3209)
| Sec. 8. Special Inspectors.
| (a) The
Office of the State Fire Marshal shall, upon the | request of
any company authorized to write boiler and pressure | vessel insurance
in this State or authorized under Section 15 | of this Act to self-insure
boilers and pressure vessels, issue | to inspectors of the company
commissions as Special Inspectors, | provided that each inspector
before receiving his commission | shall meet the experience requirements of
the Board and shall:
| (1) satisfactorily pass the
examination provided for | in Section 9 of this Act; or
| (2) in lieu of that
examination, hold a Certificate of | Competency as an inspector of
boilers or pressure vessels | for a jurisdiction that has a standard of
examination | substantially equal to that of the State of Illinois; or
| (3) hold a
Commission as an inspector of boilers and | pressure
vessels from the National Board of Boiler
and | Pressure Vessel Inspectors.
| (b) Special Inspectors shall receive no salary from, nor | shall
any of their expenses be paid by, the State. The | continuance of a
Special Inspector's Commission shall be |
| conditioned upon his continuing
in the employ of the duly | authorized insurance company or
owner-user
self-insurer and | upon maintenance of the standards
imposed by this Act.
| (c) Special Inspectors shall inspect boilers and pressure
| vessels insured or operated
self-insured by their respective | companies.
The Board may impose limitations on owner-user | inspectors who have
received their commissions based on the | American Petroleum Institute API-510
Inspectors Examination. | When
so inspected, the owners and users of insured or | self-insured
boilers and pressure
vessels shall be exempt from | the payment to the State of the inspection
fees provided for in | Section 13 of this Act.
| (d) Within 10 business days
30
days following each boiler | or pressure vessel certificate inspection,
except the | inspection of pressure vessels covered by subsection (c)
of | Section 11 of this Act, made by
a Special Inspector, the | company employing the
inspector shall file a report of the | inspection with the Chief
Inspector either electronically or | upon the appropriate forms. Reports of non-certificate | external inspections need
not be submitted except when those
| inspections disclose that the boiler or
pressure vessel is in | an unsafe condition or in
violation of the rules and | regulations of the Board.
| (e) The State Fire Marshal, the Chief
Inspector, or any | Deputy or Special Inspector, shall have free access to any
| premises in the State to perform
inspections and investigations | in accordance with the
provisions of this Act.
| (Source: P.A. 87-1169; 88-608, eff. 1-1-95.)
| (430 ILCS 75/10) (from Ch. 111 1/2, par. 3211)
| Sec. 10. Inspection of boilers and pressure vessels.
| (a) Each boiler
or pressure vessel used or proposed to be | used within this State, except
boilers or pressure vessels | exempt under this Act or rules and regulations of
the Board, | shall be
thoroughly inspected as to its construction, | installation, condition, and
operation as follows:
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| (1) Power boilers shall be inspected annually both | internally
and
externally while not under pressure and | shall also be inspected annually
externally while under | pressure if possible; provided that any power
boiler or | steam generator, the operation of which is an integral part | of
or a necessary adjunct to other continuous processing | operations, shall
be inspected internally at such | intervals as are permitted by the
shutting down of the | processing operations. The Board may provide by
rules and | regulations for extension of time within which power | boilers
are required to be inspected based upon type, | function, or manner of
operation.
| (2) Low pressure steam,
and hot water heating,
boilers | and hot water
supply boilers shall be inspected
biennially | as required by the rules and regulations of the Board.
| (3) Traction steam engine boilers and other boilers | constructed
before the effective date of this amendatory | Act of 1992 and operated solely
for exhibition purposes may | be issued an inspection certificate by the
Chief or Deputy | Inspector, provided the owner can establish and document
| that the design, materials, fabrication, examination, | testing, and operation
are in accordance with the rules and | regulations of the Board. Traction
engine boilers and other | boilers used solely for exhibition purposes
shall be | inspected every 2 years.
| (4) Pressure vessels subject to internal corrosion | shall receive a
certificate inspection every 3 years as | required by rules and regulations of
the
Board. However, | the standards of inspection and repair of pressure
vessels | in service by an owner-user authorized under
Section 15 | shall, at
the option of the owner-user
or user, be either | (1) the applicable rules and
regulations in the National | Board Inspection Code, or (2) the applicable section
| standards in the
American Petroleum Institute API-510, | "API Recommended Practice for Inspection, Repair, and | Rating
of Pressure Vessels in Petroleum Refining Service", |
| with any revisions,
reissues, amendments, and | interpretations of those
inspection standards that are | subsequently approved and adopted by the Board.
| (5) Pressure vessels not subject to internal corrosion | shall receive
certificate inspection at intervals set by | the Board, but internal
inspection shall not be required of | pressure vessels containing materials that
are known to be | noncorrosive to the material of which the shell,
heads, or | fittings are constructed, either from the chemical | composition
of the materials or from evidence that the | materials are adequately
treated with a corrosion | inhibitor, provided that the vessels are
constructed in | accordance with the rules and regulations of the Board.
| A grace period of 2 months beyond the period specified in | this Section
may elapse between internal
inspections of a | boiler while it is not under pressure and between external
| inspections of a boiler while it is under pressure. The Board | may, in its
discretion, permit longer periods between | certificate inspection.
| The inspections herein required shall be made by the Chief | Inspector, a
Deputy Inspector, or a Special Inspector provided | for in this
Act.
| (b) If at any time a test is deemed necessary for a stated | cause by
the inspector, the owner or user shall perform a
test | acceptable to the inspector in the
presence of and under the | direction of the
inspector.
| (c) All boilers and pressure vessels, except those
| otherwise exempted by the Board, shall be inspected during
| construction, as required by the applicable rules and | regulations of the
Board, by an inspector authorized to inspect | boilers and pressure vessels
in this State or, if constructed | outside of the State, by an inspector
holding a Certificate | from the National Board of Boiler and Pressure
Vessel | Inspectors or a Certificate of Competency as an inspector of
| boilers and pressure vessels for a jurisdiction that has a | standard of
examination substantially equal to that of this |
| State as provided in
Section 9.
| (Source: P.A. 87-1169; 88-608, eff. 1-1-95.)
| (430 ILCS 75/11) (from Ch. 111 1/2, par. 3212)
| Sec. 11. Inspection Certificates and annual statements.
| (a) Each
company employing Special Inspectors, except a | company operating
pressure vessels covered by an owner-user | inspection
service, that meet the
requirements of subsection | (a) of Section 8 of this Act shall, within
10 business days
30 | days following each certificate inspection, file a report of | inspection with
the Chief Inspector
electronically or upon the | appropriate forms as approved by the division.
upon appropriate | forms provided by the Division.
| (b) If the report filed pursuant to subsection (a) of this | Section
shows that a boiler or pressure vessel is found to | comply with the
rules and regulations of the Board, the owner | or user thereof shall pay
directly to the Office of the State | Fire Marshal the fee established by the
Board,
and the Chief
| Inspector shall issue to the owner or user
an Inspection | Certificate bearing the date of inspection and specifying
the | maximum pressure under which the boiler or pressure vessel may | be
operated.
Notwithstanding any other provision of this | Section, an Inspection Certificate
shall remain valid beyond | the expiration date noted on the certificate until
the boiler | or pressure vessel is reinspected by the authorized inspecting
| authorities or until the certificate is suspended by the Chief | Inspector,
provided that the owner or user of the boiler or | pressure vessel makes it
available for inspection at reasonable | times. Certificates shall be posted in
the room containing the
| boiler or pressure vessel inspected. If the boiler or pressure | vessel is
not located within the building, the certificate | shall be posted in a
location convenient to the boiler or | pressure vessel inspected or in any
place where it will be | accessible to interested parties.
| (c) Each company operating pressure vessels covered by an | owner-user
inspection program
service meeting the requirements |
| of subsection (a) of
Section 8 of this Act shall maintain in | its files an inspection record,
which shall list, by number and | such abbreviated description as may be
necessary for | identification, each pressure vessel covered by this Act,
the | date of the last inspection of each unit, and the approximate | date for the
next inspection. The inspection date
shall be | arrived at by applying the appropriate rules to all data
| available at the time the inspection record is compiled. The
| inspection record shall be readily available for examination by | the
Chief Inspector or his authorized representative during | business hours.
Each such company shall, in addition, file | annually with the Chief
Inspector a statement, signed by the | person having supervision over
the inspections made during the | period covered, stating the number of
vessels covered by this | Act inspected during the year and certifying
that each | inspection was conducted pursuant to the inspection
standards | provided for by this Act. The annual statement shall be
| accompanied by the
a filing fee in accordance with the rates | established by the
Board.
| (d) (Blank).
An Inspection Certificate issued for a boiler | or
pressure vessel based upon a report of a Special Inspector | shall be
void if the boiler or pressure vessel insurance
| ceases.
| (e) The Chief Inspector or his authorized representative | may at any
time suspend an Inspection Certificate when, in his | opinion, the boiler
or pressure vessel for which it was issued | cannot be operated without
menace to public safety, when the | boiler or pressure vessel is
found not to comply with the rules | and regulations herein provided, or
when an owner or operator | has failed to pay any required fees or refused to
allow | inspection. In
that event, the Chief Inspector or his | representative shall issue a Notice
of Suspension, which shall | be posted in a conspicuous location on or near
the posted | Inspection Certificate. Each suspension of an Inspection
| Certificate shall continue in effect until the boiler or | pressure vessel
has been made to conform to the rules and |
| regulations of the Board,
and until the Inspection Certificate | has been reinstated.
| (Source: P.A. 88-608, eff. 1-1-95; 89-467, eff. 1-1-97.)
| (430 ILCS 75/15) (from Ch. 111 1/2, par. 3216)
| Sec. 15. Self-insurers. Any owner or user of boilers or | pressure vessels subject to Section 10 of
this Act who
| maintains and operates, under the supervision of one or more | regularly
employed engineers who meet the experience and
| education requirements of the Board, an inspection or | maintenance program
service in
which one or more inspectors are | regularly employed on inspection of boilers or
pressure vessels | operated by the
owner or
user shall, upon
application to the | Board showing that fact
and showing that the owner or user
has | the financial ability to bear any loss and to pay
all final
| judgments or awards obtained against the owner or user by
| reason of the operation
of the boilers or pressure vessels, be | authorized to act as a self-insurer
of his or its
boiler and | pressure vessel risk in this State; and when
so authorized, the | owner-user shall employ special
inspectors to supervise
| inspections performed at the owner-user's facilities.
The | owner-user and the regularly employed special inspectors shall | be
entitled
to all the
rights and privileges and shall be | subject to all the requirements, duties,
and obligations | provided in this Act respectively for boiler and pressure
| vessel insurance companies and special inspectors.
| (Source: P.A. 87-1169; 88-608, eff. 1-1-95.)
| (430 ILCS 75/14 rep.)
| Section 10. The Boiler and Pressure Vessel Safety Act is | amended by repealing Section 14.
| Section 99. Effective date. This Act takes effect upon | becoming law.
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Effective Date: 5/8/2006
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