hb-85 presentation for bpv stakeholders week of 8/22/2010

DLLR-Safety Inspection Unit 8/23/2010 HB-851

HB-85 Presentationfor

BPV Stakeholders

Week of 8/22/2010

Karl KraftChief Boiler Inspector


OUTLINE

I. References

II. Overview Of The Program

III. HB-85 in a Nutshell

IV. Existing Law, Regs & Policy

V. The Process

VI. Frequently Asked Questions


OUTLINE

I. References




V. The Process



I. References

A. BPV Safety Law and Regulations1. LAW - Annotated Code of Maryland,

Public Safety Article, Title 12, Subtitle 9

2. REGs - COMAR - Code of Maryland Regulations, Public Safety Article, Title 9, Subtitle 12


I. References

B. House Bill HB-85, 2010 Legislature

C. Database of Maryland BPVs

D. Operational Policies


OUTLINE

I. References




V. The Process



II. Overview of the Program1. Chart of Inventory

Maryland BPV Inventory

0

10000

20000

30000

40000

50000

60000

Total 55000 30000 25000

Insurer 40000 22000 18000

State 15000 8000 7000

B + PV Boilers PV


II. Overview of the Program2. Chart of Overdues

Overdues

0

5000

10000

15000

Total 10000 6000 4000

Insurer 6000 3500 2500

State 4000 2500 1500

B + PV Boilers PV


II. Overview of the Program3. Chart of Overdues – Last Inspection

Overdues - Last Inspection

0

1000

2000

3000

4000

5000

Total 1500 4000 4500

Insurer 750 2300 2800

State 750 1700 1700

>2 years 6mo-2yr < 6 mo


II. Overview of the Program4. Chart of NEW Objects

New Objects

0

1000

2000

3000

Total 2500 1450 1050

Insurer 2300 1300 1000

State 200 150 50

B + PV Boilers PV


II. Overview of the Program5. Chart of Violations

Violations

0

500

1000

1500

2000

Total 1800 1550 250

Insurer 1300 1100 200

State 500 450 50

B + PV Boilers PV


II. Overview of the Program

A. State of the BPVs in Maryland6. Analysis

a) Inventory(1) 25000 periodic inspections per year

(2) 3000 new objects added each year

(3) 4000 change of status per year




b) Overdues(1) In 2008 overdues peaked at 15,000

(2) Progress since then, but not enough

(3) Each overdue may be a catastrophe waiting to happen




c) Violations(1) 1200 opened per year

(2) 600 closed per year



A. State of the BPVs in Maryland7. Commissioned Inspectors

a) 10 = Deputy Inspectors

b) 30 = Special Inspectors active

c) More Inspectors needed

d) Source for more inspectors is additional In-Service Authorized Inspection Agencies (AIAs)

e) Thus HB-85


OUTLINE

I. References




V. The Process



III. HB-85 in a nutshell

A. OWNER SHALL1. If NOT insured, CONTRACT with an AIA



B. AIA (Insurer or Non-Insurer) SHALL1. File report on

a) Each cert inspection

b) Any other inspection for which a report is required

2. Notify Chief within 24 hours after inspection of hazardous condition.

3. Maintain a Quality Assurance Program.a) Make it available for inspection, or

b) Submit evidence of NB-369 accreditation



C. AIA (Insurer) SHALL 1. Inspect the insured BPV with

a) Special employed by Insurer OR

b) Special employed by contracted AIA



D. Chief Boiler Inspector or Deputy SHALL1. Investigate accidents and explosions

2. Investigate complaints about operation of BPVs

3. Monitor inspections of Special Inspectors



E. Chief Boiler Inspector or Deputy MAY1. Inspect New Installations

2. Inspect Repairs and Alterations

3. Inspect Antique and Model BPVs



F. FEE for inspections by Deputies1. $0 = Initial cert inspection

2. $50 = Followup inspection to determine compliance

3. $15 = Antique or model inspection

4. $0 = Investigation of accident or complaint

5. $250/per half day plus expenses = other inspections, e. g., fabricaton, repair, alteration, ASME/NB review, other


OUTLINE

I. References




V. The Process




A. Owner SHALL1. Do Maintain BPV and records

2. Do get periodic inspections

3. Do periodic reregistration

4. Do not operate with out a Certificate of Inspection

5. Do operate in accordance with Stationary Engineer Law



B. AIA (Insurer) SHALL1. Conduct the cert inspection for each

insured BVP by the due date

2. Develop and maintain a database of insured BPVs



C. AIA (Insurer or Non-Insurer) SHALL1. File inspection report within 30 days after

inspection



C. AIA (Insurer or Non-Insurer) SHALL2. Be in the format required by Regs

a) In electronic format acceptable to Chief(1) Through web interface with Jurisdiction On Line, or

(2) Through email as XML attachment

(a) Directly to JOL, or

(b) Through State server to JOL

b) If not filed in the required format AIA SHALL pay a filing fee



C. AIA (Insurer or Non-Insurer) SHALL3. Notify Chief within 24 hours after

inspection of hazardous condition.

4. Maintain a Quality Assurance Program.a) Make it available for inspection, or

b) Submit evidence of NB-369 accreditation



D. COMMISSIONED BOILER INSPECTOR SHALL1. Maintain his commission

a) Remain employed by AIA

b) Remain commissioned by NB

c) Keep informed about Maryland BPV Law & Regs



E. ENFORCEMENT1. COMMISSIONER MAY assess a civil

penaltya) AIA (Insurer and Non-Insurer)

b) Commissioned Inspector

c) Installer

d) Owner

e) User

2. STATES ATTORNEY may prosecute as a misdemeanor


OUTLINE

I. References




V. The Process



V. The Process

A. Owner1. About 90 days before your inspection due

date, you will receive a reminder notice from the State. Included will be a re-registration form.

a) At least 60 days before the inspection due date, contract with an AIA to perform your inspections before the inspection due date.

b) At least 30 days before the inspection due date, complete and return the re-registration form


V. The Process

A. Owner2. Prepare your object and its documents for

inspection to be ready on the inspection day. It may take several days to prepare.


V. The Process

A. Owner3. On the inspection day, cooperate with the

inspector and receive from him an inspection report which you both have signed.


V. The Process

A. Owner4. Within the time allowed by the inspector,

abate each non-conformance, if any, noted by the inspector.

5. Schedule and complete the followup inspection to verify compliance.


V. The Process

A. Owner6. Expect to receive your Certificate of

Inspection within 14 days after it is successfully received by the State's database manager.


V. The Process

A. Owner7. If State does not receive inspection report

from AIA, then 45 days after inspection due date, you will receive a reminder from the State.

8. If State does not receive inspection report from AIA, then 60 days after inspection due date, you will receive a citation with penalty from the Commissioner.


V. The Process

B. AIA (Insurer and Non-insurer)1. Obtain accreditation from the National

Board as an In-Service Inspection Agency in accordance with the NB-369 document

2. After NB accreditation, apply for Maryland commissions as Special Inspectors for your employees.


V. The Process

B. AIA (Insurer and Non-insurer)3. Contract with your customer to perform a

certificate inspection of a BPV.

4. Perform the certificate inspection.

5. Perform a followup inspection to verify compliance for each non-conformance noted.

6. Submit the each inspection report within 30 days of the inspection date.


V. The Process

C. AIA (Non-insurer)1. Contract ONLY with a customer which IS

NOT INSURED.


V. The Process

D. Installer1. Notify in writing at least 30 days prior to

installation.

a) Complete the "Notice of Installation Form".

b) Fax, snail mail or email.


V. The Process

D. Installer2. CSD-1 is enforced. Present the completed

Appendix C (CG-500) to the owner and the inspector.

3. Coordinate with owner's AIA for first inspection.

4. After first inspection is satisfactory and accepted by State, coordinate with BIU for State's Initial Inspection.


V. The Process

D. Installer5. Object may be tested, but SHALL NOT be

operated without a Certificate of Inspection.

6. NOTE: Maryland Boiler Law and Regs do NOT recognize International Mechanical Code. See COMAR.


OUTLINE

I. References




V. The Process




A. When does this change occur?1. Friday 10/1/2010



B. Where can I find list of AIAs?1. Link from Boiler Inspection Unit website

2. www.dllr.maryland.gov/labor/safety/boil.shtml



C. How do I become an Inspector?1. An in-service Authorized Inspection

Agency:a) is accredited in accordance with NB-369 by

the National Board of Boiler and Pressure Vessel Inspectors (NB) ( http://www.nationalboard.org/ ), and




Agency:b) employs inspectors who are:

(1) commissioned by the National Board, and

(2) commissioned by the Maryland DLLR Commissioner of Labor and Industry in accordance with Annotated Code of Maryland, Public Safety Article, 12-907, and




Agency:c) complies with the

(1) Annotated Code of Maryland, Public Safety Article, Title 12, Subtitle 9 and

(2) Code of Maryland Regulations (COMAR), Public Safety Article, Title 9, Subtitle 12.



D. Are churches (schools, State, etc) exempt?1. All pressure retaining items in Maryland

are under the jurisdiction of the Commissioner of Labor and Industry unless specifically exempted.



D. Are churches (schools, State, etc) exempt?2. Those exemptions are listed in the

Annotated Code of Maryland, Public Safety Article Title 12, Subtitle 9.

3. You can read the Annotated Code of Maryland athttp://michie.lexisnexis.com/maryland/lpext.dll?f=templates&fn=main-h.htm&cp



D. Are churches (schools, State, etc) exempt?4. Locations which are NOT exempt include

a) hotels,

b) apartments and condos with 6 or more units,

c) churches,

d) schools,

e) State and Local government facilities,

f) public utilities (e.g., water treatment plants),

g) outside equipment, etc.



E. What will be the fee the owner has to pay to the AIA?1. The terms of the contract (including fees)

between you and your Authorized Inspection Agency will be determined by your agreement.



F. If the BPVs are insured and the insurer performs the safety inspection, 1. does the owner still have to hire an AIA

inspector to issue a certificate as well a) No, if the "insurer" is an AIA.

2. or will the insurers inspection be adequate?

a) Yes, if the "insurer" is an AIA.



G. Is the inspection done by my service company OK?1. No. A Certificate of Inspection can be

issued ONLY IF the inspector is commissioned and employed by an AIA.



H. Does my (water heater, air tank, autoclave) need an inspection?1. Probably yes, if energy can be added to a

substance in an enclosed container.

2. If in doubt, have an AIA inspector determine applicability of the law to your facility.



I. What is the definition of a boiler?1. Definitions of boilers and pressure

vessels appear in the Annotated Code of Maryland, Public Safety Article, Title 12, Subtitle 9. There are links to this document on the Boiler Inspection webpage ( http://www.dllr.maryland.gov/labor/safety/boil.shtml ). Consult your AIA for clarification and application to your facility.



J. How frequently must my objects be inspected?1. 12 months for "high energy" object such

as a high pressure boiler.

2. 24 months for a "low energy" object such as air receivers and most heating boilers

3. 12 months for BPV part of an amusement attraction

4. See Law 12-909 and Comar 09.12.01.14



K. Who makes these rules?1. This change in LAW was made by 2010

State legislators.

2. REGULATIONS are adopted by the Commissioner working in cooperation with the Board of Boiler Rules.

3. The Maryland Register publicizes a) Regulations proposed by the Commissioner

b) Meetings of the Board.



L. Will owners receive advanced notice in the mail that they are due for a periodic inspection?1. Yes, that is the plan



M. How much advanced notice will and owner receive?1. 90 days prior to the inspection due date.



N. Questions from the audience.


HB-85 Presentationfor

BPV Stakeholders

Karl KraftChief Boiler Inspector

1100 N Eutaw StBaltimore MD 21201Staff: 410-767-2330Chief: 410-767-2333

[email protected]

hb-85 presentation for bpv stakeholders week of 8/22/2010

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