130th Ohio General Assembly
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H. B. No. 12  As Introduced
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 Code to eliminate the licensed operator requirement for gaseous fuel and fuel oil fired boilers that comply with certain safety and engineering standards.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4104.02 and 4104.05 of the Revised Code be amended to read as follows:
Sec. 4104.02.  (A) The board of building standards shall:
(A)(1) Formulate rules for the construction, installation, repair, conservation of energy, and operation of boilers and the construction and repair of pressure vessels and for ascertaining the safe working pressures to be carried on such boilers and pressure vessels and the qualification of inspectors of boilers and pressure vessels;
(B)(2) Prescribe tests, if it is considered necessary, to ascertain the qualities of materials used in the construction of boilers and pressure vessels;
(C)(3) Adopt rules regulating the construction and sizes of safety valves for boilers and pressure vessels of different sizes and pressures, for the construction, use, and location of fusible plugs, appliances for indicating the pressure of steam and level of water in the boiler or pressure vessels, and such other appliances as the board considers necessary to safety in operating boilers;
(D)(4) Establish reasonable fees for the performance of reviews, surveys, or audits of manufacturer's facilities by the division of industrial compliance for certification by the American society of mechanical engineers and the national board of boiler and pressure vessel inspectors;.
(E)(B) The definitions and rules adopted by the board for the construction, installation, repair, conservation of energy, and operation of boilers and the construction and repair of pressure vessels and for ascertaining the safe working pressures to be used on such boilers and pressure vessels shall be based upon and follow generally accepted engineering standards, formulae, and practices established and pertaining to boilers and pressure vessel construction, operation, and safety, and the board may, for this purpose, adopt existing published standards as well as amendments thereto subsequently published by the same authority.
(C) When a person desires to manufacture a special type of boiler or pressure vessel, the design of which is not covered by the rules of the board, the person shall submit drawings and specifications of such boiler or pressure vessel to the board for investigation, after which the board may permit its installation.
(D) The provisions of sections 119.03 and 119.11 of the Revised Code in particular, and the applicable provisions of Chapter 119. of the Revised Code in general, shall govern the proceedings of the board of building standards in adopting, amending, or rescinding rules pursuant to this section.
(E) The board shall not adopt rules that require a person operating a low pressure boiler or high pressure boiler to be licensed as a steam engineer, high pressure boiler operator, or low pressure boiler operator, except as provided in section 4104.05 of the Revised Code.
Sec. 4104.05. (A) No person shall operate a low pressure boiler at more than thirty horsepower, unless one of the following applies to that person:
(1) The person is licensed as a steam engineer, high pressure boiler operator, or low pressure boiler operator in accordance with section 4104.19 of the Revised Code.
(2) The person is working under the direct supervision of a steam engineer, high pressure boiler operator, or low pressure boiler operator.
(3) The boiler is an exempted boiler.
(B) No person shall operate a power boiler at more than thirty horsepower unless one of the following applies to that person:
(1) The person is licensed as a steam engineer or high pressure boiler operator in accordance with section 4104.19 of the Revised Code.
(2) The person is working under the direct supervision of a steam engineer or high pressure boiler operator.
(3) The boiler is an exempted boiler.
(C) No person shall operate a stationary steam engine at more than thirty horsepower unless one of the following applies to that person:
(1) The person is licensed as a steam engineer in accordance with section 4104.19 of the Revised Code.
(2) The person is working under the direct supervision of a steam engineer.
(D) For purposes of this section, a:
(1) A "horsepower" means twelve square feet of boiler heating surface.
(2) "Exempted boiler" means a boiler fired by gaseous fuel, fuel oil, or some combination thereof that complies with the applicable sections of the CSD-1 standards contained in "controls and safety devices for automatically fired boilers," published by the American society of mechanical engineers, or with the applicable sections of the national fire protection association standard No. 85, "boiler and combustion systems hazards code," published by the national fire protection association.
Section 2. That existing sections 4104.02 and 4104.05 of the Revised Code are hereby repealed.
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