SENATORS Herington, Amstutz, Blessing, Coughlin, Mumper, Spada

To enact sections 4104.31 to 4104.37 of the Revised

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Code to create the Historical Boiler Licensing

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Board, to establish licensing requirements for

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operators of historical boilers, and to establish

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inspection and certification requirements for

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historical boilers.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 4104.31, 4104.32, 4104.33, 4104.34,	7
4104.35, 4104.36, and 4104.37 of the Revised Code be enacted to	8
read as follows:	9

Sec. 4104.31. As used in sections 4104.31 to 4104.37:

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(A) "Boiler" has the same meaning as in section 4104.01 of	11
the Revised Code.	12

(B) "Historical boiler" means a steam boiler of riveted	13
construction that is preserved, restored, or maintained for hobby	14
or demonstration.	15

Sec. 4104.32. Except as provided pursuant to section 4104.37	16
of the Revised Code, no person shall operate a historical boiler	17
in this state in a place that is open to the public unless both of	18
the following requirements are satisfied:	19

(A) The person operating the boiler is licensed under	20
section 4104.35 of the Revised Code.	21

(B) The owner of the boiler holds a current valid	22
certificate of operation for the historical boiler pursuant to	23
section 4104.36 of the Revised Code.	24

Sec. 4104.33. There is hereby created the historical boilers	25
licensing board consisting of seven members, three of whom shall	26
be appointed by the governor with the advice and consent of the	27
senate. The governor shall make initial appointments to the board	28
within ninety days after the effective date of this section. Of	29
the initial members appointed by the governor, one shall be for a	30
term ending three years after the effective date of this section,	31
one shall be for a term ending four years after the effective date	32
of this section, and one shall be for a term ending five years	33
after the effective date of this section. Thereafter, terms of	34
office shall be for five years, each term ending on the same day	35
of the same month of the year as did the term that it succeeds. Of	36
the three members the governor appoints, one member shall be an	37
employee of the division of boiler inspection in the department of	38
commerce; one member shall be an independent mechanical engineer	39
who is not involved in selling or inspecting historical boilers;	40
and one shall be an active member of an association that	41
represents managers of fairs or festivals.	42

Two members of the board shall be appointed by the president	43
of the senate and two members of the board shall be appointed by	44
the speaker of the house of representatives. The president and	45
speaker shall make initial appointments to the board within ninety	46
days after the effective date of this section. Of the initial	47
members appointed by the president, one shall be for a term ending	48
four years after the effective date of this section and one shall	49
be for a term ending five years after the effective date of this	50
section. Of the initial members appointed by the speaker, one	51
shall be for a term ending three years after the effective date of	52
this section and one shall be for a term ending five years after	53
the effective date of this section. Thereafter, terms of office	54
shall be for five years, each term ending on the same day of the	55
same month of the year as did the term that it succeeds. Of the	56
four members appointed by the president and speaker, each shall	57
own a historical boiler and also have at least ten years of	58
experience in the operation of historical boilers, and each of	59
these four members shall reside in a different region of the	60
state.	61

Each member shall hold office from the date of the member's	62
appointment until the end of the term for which the member was	63
appointed. Members may be reappointed. Vacancies shall be filled	64
in the manner provided for initial appointments. Any member	65
appointed to fill a vacancy occurring prior to the expiration date	66
of the term for which the member's predecessor was appointed shall	67
hold office as a member for the remainder of that term. A member	68
shall continue in office subsequent to the expiration date of the	69
member's term until the successor takes office or until a period	70
of sixty days has elapsed, whichever occurs first.	71

The members of the board, annually, shall elect, by	72
majority vote, a chairperson from among their members. The board	73
shall meet at least once annually and at other times at the call	74
of the chairperson. Board members shall receive their actual and	75
necessary expenses incurred in the discharge of their duties as	76
board members.	77

The superintendent of the division of industrial compliance	78
shall furnish office space, staff, and supplies to the board as	79
the superintendent determines are necessary for the board to carry	80
out its official duties under sections 4104.33 to 4104.37 of the	81
Revised Code.	82

Sec. 4104.34. The historical boilers licensing board shall do	83
all of the following:	84

(A) Adopt rules concerning all of the following:

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(1) Criteria that inspectors of historical boilers shall	86
utilize in determining the safe operation of historical boilers;	87

(2) Procedures for the inspection of historical boilers;

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(3) The standards for riveted or welded repairs or	89
alterations made to historical boilers;	90

(4) Standards and procedures for the revocation of a	91
historical boiler operator's license, which shall include an	92
opportunity for appeal and hearing in accordance with Chapter 119.	93
of the Revised Code;	94

(5) Standards for requalifying for a license after	95
revocation of a license;	96

(6) Standards and procedures for conducting hydrostatic	97
tests, and requirements for reporting the results of those tests	98
to the board, as required under division (F) of section 4104.36 of	99
the Revised Code;	100

(7) Standards for the public display and operation of	101
historical boilers in this state by historical boiler operators	102
who reside outside of this state.	103

(B) Issue triennial certificates of operation for	104
historical boilers that pass the inspection required under section	105
4104.36 of the Revised Code;	106

(C) Conduct hearings in accordance with Chapter 119. of the	107
Revised Code for any person who appeals a decision made by an	108
inspector regarding whether the person should be denied a	109
certificate of operation for the person's historical boiler;	110

(D) Establish a fee for the inspection of historical boilers	111
conducted pursuant to division (B) of section 4104.36 of the	112
Revised Code in an amount sufficient to reimburse the department	113
of commerce for the cost of conducting those inspections;	114

(E) Reimburse the department of commerce for the cost of	115
inspections performed by the division of boiler inspection	116
pursuant to section 4104.36 of the Revised Code;	117

(F) Issue licenses to operate historical boilers in public	118
to persons who meet the requirements of section 4104.35 of the	119
Revised Code;	120

(G) Grant approval of historical boiler operator's courses	121
as the board determines appropriate;	122

(H) Grant approval of written or verbal examinations that	123
are developed to test competence in operating historical boilers;	124

(I) For purposes of section 4104.37 of the Revised Code,	125
determine the smallest size of historical boilers that are subject	126
to sections 4104.32 to 4104.36 of the Revised Code;	127

(J) For purposes of inspection criteria adopted by the	128
board pursuant to division (A)(1) of this section, establish the	129
criteria based upon the manufacturing standards for safe operation	130
that are established by the various manufacturers of historical	131
boilers;	132

(K) Appoint safety committees to conduct the hydrostatic	133
tests required under division (F) of section 4104.36 of the	134
Revised Code;	135

(L) Establish requirements for the minimum amount of	136
liability insurance that an owner of historical boilers shall	137
carry on each historical boiler operated in public that the owner	138
owns, if the board determines that a minimum amount should be	139
established.	140

Sec. 4104.35. (A) Any person may apply to the historical	141
boiler licensing board to become licensed to operate historical	142
boilers in public. The board shall issue a license to any person	143
who satisfies the following criteria:	144

(1) Is sixteen years of age or older;

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(2) Has completed a historical boiler operator's course	146
that is approved by the board;	147

(3) Passes a written or verbal examination that is approved	148
by the board and that tests for competence in operating historical	149
boilers;	150

(4) Has at least one hundred hours of actual operating	151
experience or training in the operation of historical boilers.	152

(B) A person who satisfies the criteria described in	153
division (A) of this section shall pay a one-time fee of fifty	154
dollars for the issuance of a license under this section.	155

(C) A license issued under this section is valid for the	156
lifetime of the operator unless the license is revoked by the	157
board pursuant to division (E) of this section.	158

(D) Persons who are under the age of sixteen may be trained	159
in the operation of historical boilers by serving as apprentices	160
to operators who are licensed under this section, in order to	161
obtain the training required under division (A)(4) of this section	162
for licensure.	163

(E) The board shall revoke a license issued under this	164
section in accordance with rules the board adopts under division	165
(A)(4) of section 4104.34 of the Revised Code. A person whose	166
license is revoked may requalify for licensure if the person	167
satisfies the criteria the board establishes in rules it adopts	168
pursuant to division (A)(5) of section 4104.34 of the Revised	169
Code.	170

Sec. 4104.36. (A) The owner of a historical boiler that is	171
operated in public shall maintain a current valid certificate of	172
operation for the historical boiler in accordance with the	173
requirements of this section.	174

(B) At least once every three years, inspectors designated	175
by the chief of the division of boiler inspection in the	176
department of commerce shall inspect thoroughly, internally and	177
externally, and under operating conditions, all historical boilers	178
that are operated in public and their appurtenances. Inspectors	179
shall examine the smoke box, barrel, wrapped sheet, dome, water	180
column and water glass, firebox, external plumbing, fusible plug,	181
pressure relief valve, and pressure gage.	182

(C) After conducting the inspection required under division	183
(B) of this section, the inspector shall evaluate whether the	184
historical boiler is in safe operating condition according to	185
rules adopted by the historical boiler licensing board pursuant to	186
division (A)(1) of section 4104.34 of the Revised Code. If the	187
inspector finds that the historical boiler is in safe operating	188
condition, the inspector shall recommend that the board issue a	189
certificate of operation for the historical boiler. If the board	190
concurs with the recommendation of the inspector, the board shall	191
issue a certificate of operation for the historical boiler	192
inspected by that inspector. A certificate of operation is valid	193
for a period of three years after the date of issuance.	194

(D) If an inspector does not recommend the issuance of a	195
certificate of operation for the historical boiler or if the board	196
decides not to issue a certificate of operation, the owner of the	197
historical boiler may file an appeal with the board, and the board	198
shall conduct a hearing in accordance with Chapter 119. of the	199
Revised Code.	200

(E) The owner of a historical boiler that is operated in	201
public shall display the certificate of operation in a prominent	202
place on the historical boiler during its operation.	203

(F) At least once every three years, a safety committee	204
appointed by the board pursuant to division (K) of section 4104.34	205
of the Revised Code shall conduct a hydrostatic test at one and	206
one-quarter of the maximum allowable working pressure on all	207
publicly operated historical boilers that are assigned by the	208
board for testing by that safety committee. The safety committee	209
shall submit the results of each hydrostatic test to the board in	210
accordance with rules adopted by the board pursuant to division	211
(A)(6) of section 4104.34 of the Revised Code.	212

Sec. 4104.37. Sections 4104.32 to 4104.36 of the Revised Code	213
do not apply to historical boilers that are smaller than the size	214
determined by the historical boilers licensing board pursuant to	215
division (I) of section 4104.34 of the Revised Code.	216

Section 2. Notwithstanding section 4104.35 of the Revised	217
Code as enacted by this act, the Historical Boilers Licensing	218
Board shall issue a license to an operator of historical boilers	219
who has been engaged in operating historical boilers in public	220
for at least two years before the effective date of this act if	221
the operator passes the written or verbal examination approved by	222
the board that tests for competence in operating historical	223
boilers and pays a one-time fee of fifty dollars for the issuance	224
of the license.	225