Skip to Page Content
Delaware.gov  |  Text OnlyGovernor | General Assembly | Courts | Elected Officials | State Agencies
 Photo: Featured Delaware Photo
 
 
 Phone Numbers Mobile Help Size Print Email

Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsFebruary 2018


Regulatory Flexibility Act Form

Authenticated PDF Version

7 DE Admin. Code 1353
The hearing record on the proposed amendments to 7 DE Admin. Code 1353 Boiler Safety Regulations For Boilers, Pressure Vessels, and Nuclear Installations was open on January 1, 2018 and remains open. Public comments will be accepted through March 15th 2018, pursuant to Section 10118 of 29 Del. Code Chapter 101, Administrative Procedures. Individuals may submit written comments regarding the proposed changes via e-mail to Lisa.Vest@state.de.us or via the USPS to Lisa Vest, Hearing Officer, DNREC, 89 Kings Highway, Dover, DE 19901 (302) 739-9042. A public hearing on the proposed amendments will be held on Wednesday February 28, 2018 beginning at 6:00 PM in the DNREC Richardson and Robbins Building Auditorium, 89 Kings Highway Dover, DE 19901. The hearing originally was scheduled for January 25, 2018 but had to be rescheduled due to severe weather which prevented a legal notice from appearing in two newspapers with statewide circulation 20 days prior to the scheduled public hearing.
1.2 These regulations do not apply to the following types of equipment:
1.2.11.11.2.13.1 Heat input of 200,000 Btu/hr. or 58,600 watts;
1.2.11.21.2.13.2 Water temperature of 210 degrees Fahrenheit; or
1.2.11.31.2.13.3 Nominal water capacity of 120 gallons.
1.2.14 Hot water storage tanks or expansion tanks with a normal nominal water containing capacity not exceeding 120 gallons.
Accidentmeans an unexpected event resulting from (a) unknown causes, (b) carelessness, (c) unawareness, causing injury, death or property damage.
“AI” means Authorized Inspector and includes the Chief Inspector, a Deputy Inspector or Special Inspector holding a current National Board Commission, with an "A" or "B" endorsement, and a Delaware Certificate of Competency.
Alterationmeans any change in the item described on the original Manufacturers' Data Report which affects the pressure containing capability of the pressure retaining item. Non-physical changes such as an increase in the maximum allowable working pressure (internal or external) increase in or design temperature, or a reduction in minimum temperature of a pressure retaining item shall be considered an alteration.
ANSI”: means American National Standards Institute.
“Antique Boiler” means boilers manufactured prior to January 1, 1924, and used solely for display and demonstration purposes.
“APAmeans Administrative Procedures Act.
ASME mean American Society of Mechanical Engineers.
Authorized Inspection Agency” means
an entity that is accredited by the National Board meeting NB 369, Qualifications and Duties for Authorized Inspection Agencies Performing In-service Inspection Activities and Qualifications for Inspectors of Boilers and Pressure Vessels Revision 7, Accreditation of Authorized Inspection Agencies (AIA) Performing Inservice or Repair/Alteration Inspection Activities; N B-3 71, NB371 Revision 8, Accreditation of Owner-User Inspection Organizations (OUIO) or NB-390, For Federal Inspection Agencies (FIAs) Performing In-service Inspection Activities Revision 7 Accreditation of Federal Inspection Agencies (FIA).
“Automatically Fired Boiler” means a boiler that cycles automatically in response to a control system with no operator.
“Boiler means a closed vessel in which water is heated, steam is generated, steam is superheated, or any combination thereof, under pressure or vacuum for use externally to itself by the direct application of heat from the combustion of fuels, or from electricity or nuclear energy. The term "boiler" shall include fired units for heating or vaporizing liquids other than water, where these units are separate from processing systems, and are complete within themselves.
Heating Boiler” means a steam boiler operating at pressures not exceeding fifteen (15) psi, or a hot water boiler operating at pressures not exceeding 160 psi and/or temperatures not exceeding 250 degrees F, which is supplied to an external heating system.
High Temperature Water Boiler” means a water boiler operating at a pressure exceeding 160 psi and/or temperatures in excess of 250 degrees F.
Hot Water Supply Boiler” means a vessel used to heat water for purposes other than space heating, where the water is used external to itself, at pressures not exceeding 160 psi, and/or temperatures not exceeding 250 degrees F. at or near the boiler outlet. ASME Stamping would be ASME Section IV, H.
Jacketed Cooking Kettle” means a gas or electrically fired jacketed cooking kettle built and stamped ASME Section VIII, Division 1. ASME stamping would be U.
“Pool Heater” means an appliance designed for heating non-potable water stored at atmospheric pressure such as water in swimming pools, spas, hot tubs, and similar applications.
Power Boiler” means a vessel in which steam or other vapor is generated at a pressure of more than fifteen (15) PSIG.
Thermal Fluid Heater” means a boiler used to heat an organic fluid for heating and or processing that does not vaporize in the process. Object is considered a boiler in the State of Delaware and is required to be built to Section I or Section VIII of the ASME Construction Codes and registered with the National Board. Overpressure protection will be in accordance with ASME Section I Part PVG or ASME Section VIII as determined by the Department.
“Water Heater” means a closed vessel in which water is heated by gas, oil, electric, or some other fuel supply, and the water is used externally to itself for potable water supply, or used for potable water and space heating (as outlined in Section 14.0 of these Rules and Regulations), operating at pressures not exceeding 160 psi and water temperatures not in excess of 210 degrees F. ASME Stamping would be ASME Section IV, HLW.
Certificate of Competency” means a certificate issued by the Boiler Safety Program to an inspector after passing the Delaware test for inservice in-service inspections, or to an inspector holding a valid National Board AI Commission for “New Construction Inspector”. See Delaware Commission.
“Certificate of Inspection” means a printed document, issued by the Boiler Safety Program, signifying the object has met Code requirements after receipt of a report from a National Board Commissioned or Owner/User Inspector, stating the conditions of the object are satisfactory to issue a certificate. The inspector will issue a current decal bearing a date of inspection. The certificate becomes valid upon payment of the required inspection and/or certificate fees. All Certificates expire on the last day of the expiration month listed on the certificate.
Chief Inspector: means a State of Delaware Employee who is commissioned by the National Board responsible for code enforcement and jurisdictional interpretations.
Commission” means:
National Board Commission” means a certificate issued by the National Board to an individual that has taken and passed the National Board Commission Examination.
Delaware Commission” means a Certificate of Competency issued by the Boiler Safety Program to a National Board Commissioned Inspector employed by the State of Delaware; an insurance company licensed to sell boiler and machinery insurance in the State of Delaware; an owner/user inspector employed by a recognized Delaware Owner/User Agency; or an inspector employed by a Non-traditional Inspection Agency accredited by National Board- 369.
Controls and Safety Devices (CSD-1)” means ASME Standard adopted by the Boiler Safety Program in 1992 for controls on boilers with input capacity of less than 12,500,000 Btu/Hr.
“Council” refers to the members of the Governor's "Council on Boiler Safety". 7 Del.C. Ch. 74B.
Decal” means a report filled out by the inspector at time of inspection and left at the location, This is notification the object has been inspected.
"Delaware Commission" means a Certificate of Competency issued by the Boiler Safety Program to a National Board Commissioned Inspector employed by the State of Delaware; an insurance company licensed to sell boiler and machinery insurance in the State of Delaware; an owner/user inspector employed by a recognized Delaware Owner/User Agency; or an inspector employed by a Non-traditional Inspection Agency accredited by NB-369 Revision 7.
Department” means Department of Natural Resources and Environmental Control (DNREC).
Deputy Inspector” means an inspector employed by the State of Delaware Boiler Safety Program.
Division” means Division of Boiler Safety.
“Existing Installationsmeans:
“External Inspection” means an inspection of the exterior surfaces as defined in NBIC, when a boiler or pressure vessel is connected for use.
“HLW” means part of ASME Code, Section IV, dealing with potable water heaters.
“Inspector”: means a Deputy Inspector, Chief Inspector, Special Inspector, or an Owner/User Inspector.
“Internal Inspection” means an inspection of the interior surfaces of a boiler or pressure vessel, as defined in the NBIC, with implementation of preparation and safety procedures.
Manager of the Boiler Safety Program” means a State of Delaware Employee responsible for the administration of Delaware’s Boiler Safety Program.
“MAWP: means Maximum Allowable Working Pressure.
Mechanical Assembly” means the work necessary to establish or restore a pressure retaining boundary, under supplementary materials, whereby pressure-retaining capability is established through a mechanical, chemical, or physical interface, as defined under the rules of the NBIC.
Mechanical Repair Method” means a method of repair, which restores a pressure retaining boundary to a safe and satisfactory operating condition, where the pressure retaining boundary is established by a method other than welding or brazing, as defined under the rules of the NBIC.
“MTRmeans Material Test Report.
“National Board” means “The National Board of Boiler and Pressure Vessel Inspectors".
"National Board Commission" means a certificate issued by the National Board to an individual that has taken and passed the National Board Commission Examination.
National Board Commissioned Inspector” means an individual who holds a valid and current National Board Commission.
“NBICmeans National Board Inspection Code. The manual for boiler and pressure vessel inspectors, published by the National Board of Boiler and Pressure Vessel Inspectors. The NBIC is recognized for Repairs and Alterations, and Antique (Historical) boilers only (Part 3 only).
NDEmeans Non-Destructive Examination.
Non-traditional Inspection Agency” means a National Board- NB-369 Revision 7 authorized inspection agency that is not a state agency, nor sells insurance.
Owner or User” means any person, firm, or corporation owning or operating any boiler, pressure vessel or nuclear installation within this state.
Owner/User Agency” means An an organization that is recognized by the Boiler Safety Program as having inspectors holding State of Delaware Owner/User Commissions that allow the inspectors to inspect pressure vessels owned and operated by the Delaware Owner/User Agency.
“Owner/User Inspector” means a Delaware Commissioned Inspector who has been issued a Delaware Certificate of Competency and works for a recognized Owner/User in the State of Delaware.
Place of Public Assembly” means any establishment, building, location or any portion thereof within this State intended and used for occupation by persons while employed therein for compensation of any kind, and any commercial structure and/or location to which the public has access. This shall include, but not be limited to apartment buildings, schools, day care centers, nursing homes, hospitals, theaters, houses of worship and sporting arenas.
“Portable Boiler” means an internally fired boiler primarily intended for temporary location, and the construction and usage of which is obviously portable.
“Pressure Retaining Item (PRI)” means any boiler, pressure vessel, piping, or material used for the containment of pressure, either internal or external. The pressure may be obtained from an external source, or by the application of heat from a direct source, or any combination thereof.
“Pressure Vessel” means containers for the containment of pressure, either internal or external. The pressure may be obtained from an external source or by the application of heat from a direct or indirect source, or any combination thereof.
“PSImeans pounds per square inch.
“PSIG” means pounds per square inch gauge.
“Repairmeans the work necessary to restore pressure retaining items to a safe and satisfactory condition such that the existing design requirements are met.
Secretary” means the Secretary of the Department of Natural Resources and Environmental Control.
Shop Review” means a general survey and examination of a boiler or pressure vessel manufacturing or repair firm's facilities, methods and records. The examination is performed by a designee of the ASME, and/or the National Board.
Special Inspector” means a National Board Commissioned Inspector and/or an Authorized Inspector, employed by an insurance company authorized to write boiler and pressure vessel insurance in Delaware, or an inspector employed by a Non-traditional Inspection Agency.
“Standard Boiler or Pressure Vessel” means a boiler or pressure vessel which bears the stamp of the ASME and which are registered with the NB. Such items shall bear the appropriate ASME Code Symbol Stamp and the NB Registration number.
“State Special Number” means a Delaware Registration Number assigned to a boiler or pressure vessel of nonstandard design.
“The Act" means 7 Del.C. Ch. 74B.
3.1 The State of Delaware Boiler Safety Program has adopted the ASME Boiler and Pressure Vessel Codes for construction and stamping, including CSD-1 for controls and safety devices. Standards referenced by these rules are: ASME Code Sections I, II, III (all Sections), IV, V, VIII (Div. 1, 2 and 3), IX, X, XI, PVHO-1, CSD-1, B31.1 (for boiler external piping) and Code Cases. Interpretations are not part of the ASME and National Board Codes and will be handled on a case by case basis.
3.3 All Standards listed above refer to the latest accepted edition. The standards listed in subsection 3.1 above refer to the standard in place when the item was fabricated.
4.2.1 The shop inspections required by any applicable section of the ASME Boiler & Pressure Vessel Code shall be made by an Inspector who holds a valid AI commission issued by the National Board of Boiler & Pressure Vessel Inspectors, and having a valid "A" or "B" endorsement. A Certificate of Competency card, issued by the Boiler Safety Program, is required for all inspectors. An AI inspecting nuclear components requires the "N" endorsement.
4.5.1 The Manager of the Boiler Safety Program may suspend or revoke a Certificate of Competency or a Delaware Commission, after due investigation for willful falsification of any matter or statement contained in his application, or in a report of any inspection made by him/her, and for any other finding of improper conduct. Written notice of any such suspension or revocation as required by 29 Del.C. §1031(c)10131(c), shall be given by the Manager of the Boiler Safety Program to the inspector and his employer. An inspector whose Certificate of Competency or Delaware commission Commission has been suspended or revoked shall be given ten days to appeal the decision to the Secretary of the Department of Natural Resources and Environmental Control. The notice of any proceedings shall conform to 29 Del.C. §10122.
5.3 State Special. If a boiler, pressure vessel or nuclear component is of special design and can not be built to the ASME Code, and have the ASME Code Symbol, and National Board or USER stampings, a permit for a State Special must be applied for in writing by the Delaware user. Blueprints, design data, calculations and specifications shall be prepared by a Registered Professional Engineer, knowledgeable in the appropriate Code of Construction, and submitted to the Boiler Safety Program prior to construction.
6.0 Installation and Maintenance
6.1.3 ASME CSD1 Edition 2015
6.5 Clearances. All boiler installations shall have adequate clearance which should be 30 inch clearance on all sides or the distance stated in the manufacturer’s specifications. Piping and other obstructions which may impede maintenance or inspection activities shall not be permitted in the clearance area. If the Manufacturer specified minimum clearance is not available, a variance must be obtained from the Manager of the Boiler Safety Program prior to the boilers being installed. All pressure vessels shall have adequate clearance for safe maintenance and inspection.
6.6.1.2 Exit from boiler rooms. all All boiler rooms exceeding five hundred (500) square feet of floor area and containing one or more boilers having a fuel burning capacity of 1,000,000 BTU's shall have at least two (2) means of exit, one of which shall lead outside.
RFS
MAWP = (t x E x TS)/(R x FS)
8.2.3.2 Any air cannon used in competition prior to 2004 that does not have ASME code welds must pass a hydrostatic test once every 2 years to continue to be allowed to operate. Requirements for Pressure Vessels Used as Air Cannons:
8.4.1.3 Annual external inspections performed by an Inspector with review of records in subsections 8.4.1.1 and 8.4.1.2 above and enter results in comments section of his report.
9.1 Issuance of Certificate
9.1.1 If upon making the required inspection, the Inspector finds the boiler, pressure vessel or nuclear installation to be in a safe working order, including all necessary safety devices shall submit a report to the Boiler Safety Program. When the Boiler Safety Program receives the report, either electronically or upon receipt of the inspection report (hard copy) from said Inspector, and the fee mentioned hereafter paid, shall issue a Certificate of Inspection. The certificate shall be posted on or near the object.
9.1.4 In the event of a violation of these regulations or unsafe condition, the Inspector will indicate on the decal the object “failed” and return the inspection request to the Boiler Safety Program. No decal or hard copy of report is required to be submitted if the report is submitted electronically. A decal marked “failed” will be left at location if object does not meet requirements for issuance of a certificate.
9.2 Certificates for boilers, pressure vessels or nuclear installations. Every Inspector inspecting boilers, pressure vessels or nuclear installations in the State of Delaware shall file with the Manager of the Boiler Safety Program the applicable inspection report within thirty (30) days, after the date of inspection. The report can be submitted either electronically or by a hard copy.
9.3 Certificate withdrawn, withheld, or revoked. If an Inspector finds that the boiler, pressure vessel or nuclear installation is not in safe working condition, or is not provided with the necessary safety appurtenances, or if the appurtenances are improperly arranged, the inspector shall immediately notify the owner or user, and the person in charge of the boiler, of the code violations. He The inspector shall report the same to the Manager of Boiler Safety Program. If in the inspector’s judgment, the boiler, pressure vessel, or nuclear installation presents an imminent danger to human health, safety, or property then the inspector may shutdown the unit and place a “Do Not Operate” tag on the unit. The owner and/or user shall not operate it the unit or permit it to be operated, until such Certificate has been granted or restored. The owner/operator shall be subject to the Department’s enforcement authorities if code violations are not remedied within 30 days. Upon request the Program Manager may grant an extension.
11.1.1 An AI Delaware Commissioned Inspector shall inspect antique boilers and remaining material thickness will be determined by a method acceptable to the AI Inspector. The MAWP based on these Rules and Regulations, as determined by a Registered Professional Engineer knowledgeable in power boiler fabrication, shall be submitted to the Manager of Boiler Safety Program for his review and acceptance.
11.1.2.5 Thickness Ultrasonic thickness readings shall be taken at the time of the first inspection, and every two years thereafter to determine the amount of corrosion of metal.
11.1.2.7 Ultrasonic thickness testing of boiler shall be performed every 4 years and the results recorded and maintained for review by the inspector.
12.1.2 The latest accepted edition of the National Board Inspection Code 2017, NBBI NB23-2017, and
12.2 All repairs or alterations to boilers, pressure vessels or piping within jurisdictional limits, shall be approved by a Delaware commissioned AI an Inspector that has the appropriate National Board Commission & R endorsement. If the shop is located in Delaware then the inspector shall also have a current Delaware Commission and the work shall be performed under his their guidance.
12.10 Restamping of Boilers and Pressure Vessels shall be in accordance with the current Edition of the NBIC National Board Inspection Code 2017, NBBI NB23-2017 and jurisdictional requirements.
Inspectors Delaware Commission Fees
Biennial (2 yr.) Delaware Commission Credential card renewal
14.2 Gas Water Heaters Suitable for Potable Water and Space Heating with Input Ratings of 75,000 BTU per Hour or less. In addition to the requirements in section subsection 14.1 of this Section, gas water heaters suitable for potable water and space heating with input ratings of 75,000 BTU per hour or less shall also be constructed and installed in accordance with the American National Standard for Gas Water Heaters, Volume 1, ANSI Z21.10.1, current edition and addenda, including, but not limited to Z21.10.la, current edition and addenda, CSA ANSI Z21.10.1-2014/CSA 4.1-2014 as well as all applicable Federal, State and local laws and regulations. Water heaters covered by this Section are not required to be constructed to the standards set forth in Section IV, ASME Boiler and Pressure Vessel Code, except to the extent required by ANSI Z21.10.1, current edition and addenda CSA ANSI Z21.10.1-2014/CSA 4.1-2014.
14.3 Gas Water Heaters Suitable for Potable Water and Space Heating with Input Ratings in excess of 75,000 BTU per Hour but with a Maximum of 200,000 BTU per Hour. In addition to the requirements of subsection 14.1 of this Section, gas water heaters suitable for potable water and space heating, with input ratings in excess of 75,000 BTU per hour, but not more than 200,000 BTU per hour, shall be constructed and installed in accordance with the American National Standard for Gas Water Heaters, Volume III, ANSI Z21.10.3 current edition and addenda ANSI Z21.10.3/CSA 4.3 8th Edition, January 1, 2017, as well as applicable Federal, State and local laws and regulations.
14.6 Oil fired combination service water heating or space-heating equipment shall meet the requirements of the ASHRAE/IES 90.1, current edition and addenda American Society of Heating Refrigeration and Air Conditioning Engineers (ASHRAE) IES 90.1-2016).
19.1 Owner/User Inspector. The Manager shall, upon the request of any company maintaining a Delaware Owner/User Inspection Agency and operating pressure vessels in this State, issue an Owner/User Delaware Commission to an inspector that meets the requirements stated in 20.2 subsection 19.2, the inspector is continuously employed by the company, and satisfactorily passes a written examination based on the requirements of the latest Edition of the Rules and Regulations of the Boiler Safety Program.
Last Updated: December 31 1969 19:00:00.
site map   |   about this site   |    contact us   |    translate   |    delaware.gov