As Passed by the Senate

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


Representative Roegner 

Cosponsors: Representatives Young, Butler, Terhar, Stebelton, Lynch, McGregor, Gonzales, Thompson, Hood, Scherer, Adams, J., Baker, Beck, Becker, Boose, Buchy, Burkley, Conditt, Damschroder, Duffey, Green, Hackett, Hagan, C., Hall, Henne, Landis, Maag, Perales, Retherford, Ruhl, Wachtmann Speaker Batchelder 

Senators Bacon, Coley, Eklund, Jordan, Lehner, Peterson, Seitz, Uecker 

A BILL
To amend sections 4104.02 and 4104.05 of the Revised 1
Code to eliminate the licensed operator 2
requirement for boilers directly fired with gas, 3
oil, gas-oil, or electricity or stationary steam 4
engines that comply with standards established by 5
the Board of Building Standards.6


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

       Section 1. That sections 4104.02 and 4104.05 of the Revised 7
Code be amended to read as follows:8

       Sec. 4104.02. (A) The board of building standards shall:9

       (A)(1) Formulate rules for the construction, installation, 10
repair, conservation of energy, and operation of boilers and the 11
construction and repair of pressure vessels and for ascertaining 12
the safe working pressures to be carried on such boilers and 13
pressure vessels and the qualification of inspectors of boilers 14
and pressure vessels;15

       (B)(2) Prescribe tests, if it is considered necessary, to 16
ascertain the qualities of materials used in the construction of 17
boilers and pressure vessels;18

       (C)(3) Adopt rules regulating the construction and sizes of 19
safety valves for boilers and pressure vessels of different sizes 20
and pressures, for the construction, use, and location of fusible 21
plugs, appliances for indicating the pressure of steam and level 22
of water in the boiler or pressure vessels, and such other 23
appliances as the board considers necessary to safety in operating 24
boilers;25

       (D)Establish reasonable fees for the performance of reviews, 26
surveys, or audits of manufacturer's facilities by the division of 27
industrial compliance for certification by the American society of 28
mechanical engineers and the national board of boiler and pressure 29
vessel inspectors;30

       (E)(4) Adopt rules that prescribe the conditions and 31
requirements for design, certification, reporting, installation, 32
operation, and periodic testing and maintenance of controls and 33
safety devices on an automatically operated boiler directly fired 34
with gas, oil, gas-oil, or electricity or a stationary steam 35
engine that would allow an owner to operate a low pressure steam 36
boiler, power boiler, or a stationary steam engine without the 37
presence of a licensed low pressure boiler operator, a licensed 38
high pressure boiler operator, or a licensed steam engineer as 39
required in section 4104.05 of the Revised Code.40

       (B) The definitions and rules adopted by the board for the 41
construction, installation, repair, conservation of energy, and 42
operation of boilers and the construction and repair of pressure 43
vessels and for ascertaining the safe working pressures to be used 44
on such boilers and pressure vessels shall be based upon and 45
follow generally accepted engineering standards, formulae, and 46
practices established and pertaining to boilers and pressure 47
vessel construction, operation, and safety, and the board may, for 48
this purpose, adopt existing published standards as well as 49
amendments thereto subsequently published by the same authority.50

       (C) When a person desires to manufacture a special type of 51
boiler or pressure vessel, the design of which is not covered by 52
the rules of the board, the person shall submit drawings and 53
specifications of such boiler or pressure vessel to the board for 54
investigation, after which the board may permit its installation.55

       (D) The provisions of sections 119.03 and 119.11 of the 56
Revised Code in particular, and the applicable provisions of 57
Chapter 119. of the Revised Code in general, shall govern the 58
proceedings of the board of building standards in adopting, 59
amending, or rescinding rules pursuant to this section.60



       Sec. 4104.05. (A) NoUnless otherwise provided by the rules 62
adopted by the board of building standards pursuant to division 63
(A)(4) of section 4104.02 of the Revised Code, no person shall 64
operate a low pressure steam boiler atthat has more than thirty 65
horsepowerthree hundred sixty square feet of heating surface, 66
unless one of the following applies to that person:67

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

       (2) The person is working under the direct supervision of a 71
steam engineer, high pressure boiler operator, or low pressure 72
boiler operator.73

       (B) NoUnless otherwise provided by the rules adopted by the 74
board pursuant to division (A)(4) of section 4104.02 of the 75
Revised Code, no person shall operate a power boiler atthat has76
more than thirty horsepowerthree hundred sixty square feet of 77
heating surface, unless one of the following applies to that 78
person:79

       (1) The person is licensed as a steam engineer or high 80
pressure boiler operator in accordance with section 4104.19 of the 81
Revised Code.82

       (2) The person is working under the direct supervision of a 83
steam engineer or high pressure boiler operator.84

       (C) NoUnless otherwise provided by the rules adopted by the 85
board pursuant to division (A)(4) of section 4104.02 of the 86
Revised Code, no person shall operate a stationary steam engine at 87
more than thirty horsepower unless one of the following applies to 88
that person:89

       (1) The person is licensed as a steam engineer in accordance 90
with section 4104.19 of the Revised Code.91

       (2) The person is working under the direct supervision of a 92
steam engineer.93

       (D) For purposes of this section, ahorsepowermeans twelve 94
square feet of boiler heating surface.95

       Section 2. That existing sections 4104.02 and 4104.05 of the 96
Revised Code are hereby repealed.97