The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
(124th General Assembly)
(Substitute House Bill Number 344)
AN ACT
To enact sections 4104.31 to 4104.37 of the Revised
Code to create the Historical Boiler Licensing
Board, to establish licensing requirements for
operators of historical boilers, and to establish
inspection and certification requirements for
historical boilers.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 4104.31, 4104.32, 4104.33, 4104.34,
4104.35, 4104.36, and 4104.37 of the Revised Code be enacted to
read as follows:
Sec. 4104.31. As used in sections 4104.31 to 4104.37: (A) "Boiler" has the same meaning as in section 4104.01 of
the Revised Code.
(B) "Historical boiler" means a steam boiler of riveted
construction that is preserved, restored, or maintained for hobby
or demonstration.
Sec. 4104.32. Except as provided pursuant to section 4104.37
of the Revised Code, no person shall operate a historical boiler
in this state in a place that is open to the public unless both of
the following requirements are
satisfied:
(A) The person operating the boiler is licensed under
section 4104.35 of the Revised Code.
(B) The owner of the boiler holds a current valid
certificate of operation for the historical boiler pursuant to
section 4104.36 of the Revised Code.
Sec. 4104.33. There is hereby created the historical boilers
licensing board consisting of seven members, three of whom shall
be appointed by the governor with the advice and consent of the
senate. The governor shall make initial appointments to the board
within ninety days after the effective date of this section. Of
the initial members appointed by the governor, one shall be for a
term ending three years after the effective date of this section,
one shall be for a term ending four years after the effective date
of this section, and one shall be for a term ending five years
after the effective date of this section. Thereafter, terms of
office shall be for five years, each term ending on the same day
of the same month of the year as did the term that it succeeds.
Of
the three members the governor appoints, one member shall be an
employee of the division of boiler inspection in the department of
commerce; one member shall be an independent mechanical engineer
who is not involved in selling or inspecting historical boilers;
and one shall be an active member of an association that
represents managers of fairs or festivals. Two members of the board shall be appointed by the president
of the senate and two members of the board shall be appointed by
the speaker of the house of representatives. The president and
speaker shall make initial appointments to the board within ninety
days after the effective date of this section. Of the initial
members appointed by the president, one shall be for a term ending
four years after the effective date of this section and one shall
be for a term ending five years after the effective date of this
section. Of the initial members appointed by the speaker, one
shall be for a term ending three years after the effective date of
this section and one shall be for a term ending five years after
the effective date of this section. Thereafter, terms of office
shall be for five years, each term ending on the same day of the
same month of the year as did the term that it succeeds. Of the
four
members appointed by the president and speaker, each shall
own a historical boiler and also have at least ten years of
experience in
the operation of historical boilers, and each of
these four
members shall reside in a different region of the
state. Each member shall hold office from the date of the member's
appointment until the end of the term for which the member was
appointed. Members may be reappointed. Vacancies shall be filled
in the manner provided for initial appointments. Any member
appointed to fill a vacancy occurring prior to the expiration date
of the term for which the member's predecessor was appointed shall
hold office as a member for the remainder of that term. A member
shall continue in office subsequent to the expiration date of the
member's term until the successor takes office or until a period
of sixty days has elapsed, whichever occurs first.
The members of the board, annually, shall elect, by
majority vote, a chairperson from among their members. The board
shall meet at least once annually and at other times at the call
of the chairperson. Board members shall receive their actual and
necessary expenses incurred in the discharge of their duties as
board members. The superintendent of the division of industrial compliance
shall furnish office space, staff, and supplies to the board as
the superintendent determines are necessary for the board to carry
out its official duties under sections 4104.33 to 4104.37 of the
Revised Code.
Sec. 4104.34. The historical boilers licensing board shall do
all of the following:
(A) Adopt rules concerning all of the following:
(1) Criteria that inspectors of historical boilers shall
utilize in determining the safe operation of historical boilers;
(2) Procedures for the inspection of historical boilers;
(3) The standards for riveted or welded repairs or
alterations made to historical boilers;
(4) Standards and procedures for the revocation of a
historical boiler operator's license, which shall include an
opportunity for appeal and hearing in accordance with Chapter 119.
of the Revised Code;
(5) Standards for requalifying for a license after
revocation of a license;
(6) Standards and procedures for conducting hydrostatic
tests, and requirements for reporting the results of those tests
to the board, as required under division (F) of section 4104.36 of
the Revised Code;
(7)
Standards for the public display and operation of
historical
boilers in this state by historical boiler operators
who reside
outside of this state.
(B) Issue triennial certificates of operation for
historical boilers that pass the inspection required under section
4104.36 of the Revised Code;
(C) Conduct hearings in accordance with Chapter 119. of the
Revised Code for any person who appeals a decision made by an
inspector regarding whether the person should be denied a
certificate of operation for the person's historical boiler; (D) Establish a fee for the inspection of historical boilers
conducted pursuant to division (B) of section 4104.36 of the
Revised Code in an amount sufficient to reimburse the department
of commerce for the cost of conducting those inspections;
(E) Reimburse the department of commerce for the cost of
inspections performed by the division of boiler inspection
pursuant to section 4104.36 of the Revised Code;
(F) Issue licenses to operate historical boilers in public
to persons
who meet the requirements of section 4104.35 of the
Revised Code;
(G) Grant approval of historical boiler operator's courses
as the board determines appropriate;
(H) Grant approval of written or verbal examinations that
are developed to test competence in operating historical boilers;
(I) For purposes of section 4104.37 of the Revised Code,
determine the smallest size of historical boilers that are subject
to sections 4104.32 to 4104.36 of the Revised Code;
(J) For purposes of inspection criteria adopted by the
board pursuant to division (A)(1) of this section, establish the
criteria based upon the manufacturing standards for safe operation
that are established by the various manufacturers of historical
boilers;
(K) Appoint safety committees to conduct the hydrostatic
tests required under division (F) of section 4104.36 of the
Revised Code;
(L)
Establish requirements for the minimum amount of
liability insurance that an owner of historical boilers shall
carry on each historical boiler operated in public that the owner
owns, if the board
determines that a minimum amount should be
established.
Sec. 4104.35. (A) Any person may apply to the historical
boiler licensing board to become licensed to operate historical
boilers in public. The board shall issue a license to any person
who
satisfies the following criteria:
(1) Is sixteen years of age or older;
(2) Has completed a historical boiler operator's course
that is approved by the board;
(3) Passes a written or verbal examination that is approved
by the board and that tests for competence in operating historical
boilers;
(4) Has at least one hundred hours of actual operating
experience or training in the operation of historical boilers.
(B) A person who satisfies the criteria described in
division (A) of this section shall pay a one-time fee of fifty
dollars for the issuance of a license under this section.
(C) A license issued under this section is valid for the
lifetime of the operator unless the license is revoked by the
board pursuant to division (E) of this section.
(D) Persons who are under the age of sixteen may be trained
in the operation of historical boilers by serving as apprentices
to operators who are licensed under this section, in order to
obtain the training required under division (A)(4) of this section
for licensure.
(E) The board shall revoke a license issued under this
section in accordance with rules the board adopts under division
(A)(4) of section 4104.34 of the Revised Code. A person whose
license is revoked may requalify for licensure if the person
satisfies the criteria the board establishes in rules it adopts
pursuant to division (A)(5) of section 4104.34 of the Revised
Code.
Sec. 4104.36. (A) The owner of a historical boiler that is
operated in public shall
maintain a current valid certificate of
operation for the
historical boiler in accordance with the
requirements of this
section.
(B) At least once every three years, inspectors designated
by the chief of the division of boiler inspection in the
department of commerce shall inspect thoroughly, internally and
externally, and under operating conditions, all historical boilers
that are operated in public and their appurtenances. Inspectors
shall examine the smoke box,
barrel, wrapped sheet, dome, water
column and water glass,
firebox, external plumbing, fusible plug,
pressure relief valve,
and pressure gage.
(C) After conducting the inspection required under division
(B) of this section, the inspector shall evaluate whether the
historical boiler is in safe operating condition according to
rules adopted by the historical boiler licensing board pursuant to
division (A)(1) of section 4104.34 of the Revised Code. If the
inspector finds that the historical boiler is in safe operating
condition, the inspector shall recommend that the board issue a
certificate of operation for the historical boiler. If the board
concurs with the recommendation of the inspector, the board shall
issue a certificate of operation for the historical boiler
inspected by that inspector. A certificate of operation is valid
for a period of three years after the date of issuance.
(D) If an inspector does not recommend the issuance of a
certificate of operation for the historical boiler or if the board
decides not to issue a certificate of operation, the owner of the
historical boiler may file an appeal with the board, and the board
shall conduct a hearing in accordance with Chapter 119. of the
Revised Code.
(E) The owner of a historical boiler that is operated in
public shall display the
certificate of operation in a prominent
place on the historical
boiler during its operation. (F) At least once every three years, a safety committee
appointed by the board pursuant to division (K) of section 4104.34
of the Revised Code shall conduct a hydrostatic test at one and
one-quarter of the maximum allowable working pressure on all
publicly operated
historical boilers that are assigned by the
board for testing by that
safety committee. The safety committee
shall submit the results
of each hydrostatic test to the board in
accordance with rules
adopted by the board pursuant to division
(A)(6) of section
4104.34 of the Revised Code.
Sec. 4104.37. Sections 4104.32 to 4104.36 of the Revised Code
do not apply to historical boilers that are smaller than the size
determined by the historical boilers licensing board pursuant to
division (I) of section 4104.34 of the Revised Code.
SECTION 2. Notwithstanding section 4104.35 of the Revised
Code as enacted by this act, the Historical Boilers Licensing
Board shall issue a license to an operator of historical boilers
who has been engaged in operating historical boilers in
public for at least
two years before the effective date of this act if the operator
passes the written or verbal examination approved by the board
that tests for competence in operating historical boilers and pays
a one-time fee of fifty dollars for the issuance
of the license.
|