As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 12


Representative Roegner 

Cosponsors: Representatives Young, Butler, Terhar, Stebelton, Lynch, McGregor, Gonzales, Thompson, Hood, Scherer 



A BILL
To amend sections 4104.02 and 4104.05 of the Revised 1
Code to eliminate the licensed operator 2
requirement for gaseous fuel and fuel oil fired 3
boilers that comply with certain safety and 4
engineering standards.5


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

       Section 1. That sections 4104.02 and 4104.05 of the Revised 6
Code be amended to read as follows:7

       Sec. 4104.02. (A) The board of building standards shall:8

       (A)(1) Formulate rules for the construction, installation, 9
repair, conservation of energy, and operation of boilers and the 10
construction and repair of pressure vessels and for ascertaining 11
the safe working pressures to be carried on such boilers and 12
pressure vessels and the qualification of inspectors of boilers 13
and pressure vessels;14

       (B)(2) Prescribe tests, if it is considered necessary, to 15
ascertain the qualities of materials used in the construction of 16
boilers and pressure vessels;17

       (C)(3) Adopt rules regulating the construction and sizes of 18
safety valves for boilers and pressure vessels of different sizes 19
and pressures, for the construction, use, and location of fusible 20
plugs, appliances for indicating the pressure of steam and level 21
of water in the boiler or pressure vessels, and such other 22
appliances as the board considers necessary to safety in operating 23
boilers;24

       (D)(4) Establish reasonable fees for the performance of 25
reviews, surveys, or audits of manufacturer's facilities by the 26
division of industrial compliance for certification by the 27
American society of mechanical engineers and the national board of 28
boiler and pressure vessel inspectors;.29

       (E)(B) The definitions and rules adopted by the board for the 30
construction, installation, repair, conservation of energy, and 31
operation of boilers and the construction and repair of pressure 32
vessels and for ascertaining the safe working pressures to be used 33
on such boilers and pressure vessels shall be based upon and 34
follow generally accepted engineering standards, formulae, and 35
practices established and pertaining to boilers and pressure 36
vessel construction, operation, and safety, and the board may, for 37
this purpose, adopt existing published standards as well as 38
amendments thereto subsequently published by the same authority.39

       (C) When a person desires to manufacture a special type of 40
boiler or pressure vessel, the design of which is not covered by 41
the rules of the board, the person shall submit drawings and 42
specifications of such boiler or pressure vessel to the board for 43
investigation, after which the board may permit its installation.44

       (D) The provisions of sections 119.03 and 119.11 of the 45
Revised Code in particular, and the applicable provisions of 46
Chapter 119. of the Revised Code in general, shall govern the 47
proceedings of the board of building standards in adopting, 48
amending, or rescinding rules pursuant to this section.49

       (E) The board shall not adopt rules that require a person 50
operating a low pressure boiler or high pressure boiler to be 51
licensed as a steam engineer, high pressure boiler operator, or 52
low pressure boiler operator, except as provided in section 53
4104.05 of the Revised Code.54

       Sec. 4104.05. (A) No person shall operate a low pressure 55
boiler at more than thirty horsepower, unless one of the following 56
applies to that person:57

       (1) The person is licensed as a steam engineer, high pressure 58
boiler operator, or low pressure boiler operator in accordance 59
with section 4104.19 of the Revised Code.60

       (2) The person is working under the direct supervision of a 61
steam engineer, high pressure boiler operator, or low pressure 62
boiler operator.63

       (3) The boiler is an exempted boiler.64

       (B) No person shall operate a power boiler at more than 65
thirty horsepower unless one of the following applies to that 66
person:67

       (1) The person is licensed as a steam engineer or high 68
pressure boiler operator in accordance with section 4104.19 of the 69
Revised Code.70

       (2) The person is working under the direct supervision of a 71
steam engineer or high pressure boiler operator.72

       (3) The boiler is an exempted boiler.73

       (C) No person shall operate a stationary steam engine at more 74
than thirty horsepower unless one of the following applies to that 75
person:76

       (1) The person is licensed as a steam engineer in accordance 77
with section 4104.19 of the Revised Code.78

       (2) The person is working under the direct supervision of a 79
steam engineer.80

       (D) For purposes of this section, a:81

       (1) A "horsepower" means twelve square feet of boiler heating 82
surface.83

       (2) "Exempted boiler" means a boiler fired by gaseous fuel, 84
fuel oil, or some combination thereof that complies with the 85
applicable sections of the CSD-1 standards contained in "controls 86
and safety devices for automatically fired boilers," published by 87
the American society of mechanical engineers, or with the 88
applicable sections of the national fire protection association 89
standard No. 85, "boiler and combustion systems hazards code," 90
published by the national fire protection association.91

       Section 2. That existing sections 4104.02 and 4104.05 of the 92
Revised Code are hereby repealed.93