Public Act 094-0748
 
SB3011 Enrolled LRB094 15598 LCT 50803 b

    AN ACT concerning public safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Boiler and Pressure Vessel Safety Act is
amended by changing Sections 2a, 2b, 4, 5, 8, 10, 11, and 15 as
follows:
 
    (430 ILCS 75/2a)  (from Ch. 111 1/2, par. 3202a)
    Sec. 2a. Nuclear facilities. Notwithstanding any other
provision to the contrary, the Illinois Emergency Management
Agency Department of Nuclear Safety shall have sole
jurisdiction over all boilers and pressure vessels contained
within or upon or in connection with any nuclear facility
within this State. The Illinois Emergency Management Agency
Department of Nuclear Safety shall have the same authority and
shall have and exercise the same powers and duties in relation
to those boilers and pressure vessels under this Act as the
Board or the State Fire Marshal have and exercise in relation
to all boilers and pressure vessels in this State that are not
included in this Section. Notwithstanding any other provision
to the contrary, the Illinois Emergency Management Agency
Department of Nuclear Safety shall establish by rule the types
and frequency of inspections of boilers and pressure vessels
contained within or upon or in connection with any nuclear
facility. The rules may provide that multiple boilers and
pressure vessels in a nuclear power system shall be covered by
a single inspection certificate. The Illinois Emergency
Management Agency Department of Nuclear Safety may enter into
such agreements with the Board or the State Fire Marshal as are
necessary to carry out its duties under this Act. The
agreements may provide that the Illinois Emergency Management
Agency Department of Nuclear Safety shall accept and recognize
Special Inspector Commissions issued by the State Fire Marshal.
(Source: P.A. 86-901; 87-1169.)
 
    (430 ILCS 75/2b)  (from Ch. 111 1/2, par. 3202b)
    Sec. 2b. In addition to its other powers, the Illinois
Emergency Management Agency Department of Nuclear Safety is
authorized to enter into agreements with the United States
Nuclear Regulatory Commission for the establishment of a
coordinated and comprehensive program to minimize the risks
posed by boilers, pressure vessels, and related components
contained within or upon or in connection with any nuclear
facility within this State. The program may provide for such
inspections of nuclear facilities within the State as may be
agreed upon and for inspections within and outside the State of
Illinois of boilers and pressure vessels to be installed in any
nuclear facility within this State.
(Source: P.A. 86-901.)
 
    (430 ILCS 75/4)  (from Ch. 111 1/2, par. 3205)
    Sec. 4. Existing boilers and pressure vessels.
    (a) The maximum allowable pressure consistent with the
maximum and minimum operating temperatures of a boiler carrying
the ASME Code symbol or of a pressure vessel carrying the ASME
or API-ASME Code symbol shall be determined by the applicable
section of the Code under which it was constructed and stamped
or a later edition of the ASME Code, provided the rating
conforms with the rules of the later edition.
    (b) The maximum allowable pressure consistent with the
maximum and minimum operating temperatures of a boiler or
pressure vessel that does not carry the ASME or the API-ASME
Code symbol shall be computed in accordance with the rules and
regulations of the Board, unless the boiler or pressure vessel
is of special design or construction, in which case the Board
may grant, at its discretion, a special operating permit
consistent with the safety objectives of the rules and
regulations of the Board.
    (c) This Act does not prohibit the use, sale, or
reinstallation of a boiler or pressure vessel referred to in
this Section, provided it has been made to conform to the rules
and regulations of the Board governing existing installations,
and provided, further, it has not been found upon inspection to
be in an unsafe condition.
(Source: P.A. 87-1169.)
 
    (430 ILCS 75/5)  (from Ch. 111 1/2, par. 3206)
    Sec. 5. Exemptions.
    (a) This Act shall not apply to the following boilers and
pressure vessels:
        (1) Boilers and pressure vessels under federal
    regulations, except for boiler and pressure vessels in
    nuclear facilities subject to Section 2a, and boilers and
    pressure vessels located in cities of more than 500,000
    inhabitants.
        (2) Pressure vessels used for transportation and
    storage of compressed or liquefied gases when constructed
    in compliance with specifications of the Department of
    Transportation and charged with gas or liquid, marked,
    maintained, and periodically requalified for use, as
    required by appropriate regulations of the Department of
    Transportation.
        (3) Pressure vessels located on vehicles operating
    under the rules of other State authorities and used for
    carrying passengers or freight.
        (4) Pressure vessels installed on the right of way of
    railroads and used directly in the operation of trains.
        (5) Boilers and pressure vessels under the inspection
    jurisdiction of the Department of Natural Resources and
    located on mine property.
        (6) Boilers and pressure vessels located on farms and
    used solely for agricultural purposes.
        (7) Steam boilers of a miniature model locomotive,
    boat, tractor, or stationary engine constructed and
    maintained as a hobby and not for commercial use, that have
    an inside diameter not exceeding 12 inches and a grate area
    not exceeding 1 1/2 square feet, provided they are
    constantly attended while in operation and are equipped
    with a water level indicator, pressure gauge, and a safety
    valve of adequate capacity.
        (8) Pressure vessels regulated and inspected under the
    Illinois Fertilizer Act of 1961.
        (9) Pressure vessels containing liquified petroleum
    gas regulated under the Liquified Petroleum Gas Regulation
    Act, except those used for industrial processes.
    (b) The following boilers and pressure vessels shall be
exempt from the requirements of Sections 10, 11, 12, and 13 of
this Act:
        (1) Steam boilers used for heating purposes and
    operated at a pressure not in excess of 15 pounds per
    square inch gauge (psig) and having a rating not in excess
    of 200,000 B.T.U. per hour input.
        (2) Hot water heating boilers operated at a pressure
    not in excess of 30 psig and having a rating not in excess
    of 200,000 B.T.U. per hour.
        (3) Boilers and pressure vessels, located in private
    residences or in multi-family buildings having fewer than 6
    dwelling units.
        (4) Hot water supply boilers that are directly fired
    with oil, gas, or electricity when none of the following
    limitations are exceeded:
            (A) Heat input of 200,000 BTU per hour.
            (B) Water temperature of 200 degrees Fahrenheit.
            (C) Nominal water containing capacity of 120 U.S.
        gallons.
        (5) Coil type hot water boilers where the water can
    flash into steam when released directly to the atmosphere
    through a manually operated nozzle provided the following
    conditions are met:
            (A) There is no drum, headers, or other steam
        space.
            (B) No steam is generated within the coil.
            (C) Outside diameter of tubing does not exceed 1
        inch.
            (D) Pipe size does not exceed 3/4 inch NPS.
            (E) Water capacity of unit does not exceed 6 U.S.
        gallons.
            (F) Water temperature does not exceed 350 degrees
        Fahrenheit.
        , that are within any of the following categories:
            (A) Steam heating boilers operated at not more than
        15 psig.
            (B) Hot water heating boilers operated at not more
        than 30 psig.
            (C) Hot water boilers operated at not more than 160
        psig or 250 degrees Fahrenheit.
        (6) (D) Pressure vessels containing only water under
    pressure for domestic supply purposes, including those
    containing air, the compression of which serves only a
    cushion or airlift pumping function.
        (7)Pressure vessels operated at a pressure not
    exceeding 15 psig with no limitation on size.
        (8) Pressure vessels that do not exceed:
            (A) Both a volume of 15 cubic feet and 250 psig
        when not located in a place of public assembly.
            (B) Both a volume of 5 cubic and 250 psig when
        located in a place of public assembly.
            (C) A volume of 1 1/2 cubic feet or an inside
        diameter of 6 inches with no limitation on pressure.
        (9) Water conditioning equipment used for the removal
    of minerals, chemicals, or organic or inorganic particles
    from water by means other than application of heat
    including, without limitation, water softeners, water
    filters, dealkalizers, and demineralizers.
        (10) Steam boilers of railroad locomotives and
    traction engines built prior to 1955 that were constructed
    or operated in compliance with the Federal Locomotive
    Inspection Law and are in the permanent collection of a
    museum or historical association are exempt from the
    requirements of subsection (c) of Section 10 upon proof of
    such construction or inspection being furnished to the
    Board.
    (c) (Blank). Steam boilers of railroad locomotives and
traction engines built prior to 1955 that were constructed or
operated in compliance with the Federal Locomotive Inspection
Law and are in the permanent collection of a museum or
historical association are exempt from the requirements of
subsection (c) of Section 10 upon proof of such construction or
inspection being furnished to the Board.
(Source: P.A. 88-608, eff. 1-1-95; 88-616, eff. 9-9-94; 89-235,
eff. 8-4-95; 89-445, eff. 2-7-96.)
 
    (430 ILCS 75/8)  (from Ch. 111 1/2, par. 3209)
    Sec. 8. Special Inspectors.
    (a) The Office of the State Fire Marshal shall, upon the
request of any company authorized to write boiler and pressure
vessel insurance in this State or authorized under Section 15
of this Act to self-insure boilers and pressure vessels, issue
to inspectors of the company commissions as Special Inspectors,
provided that each inspector before receiving his commission
shall meet the experience requirements of the Board and shall:
        (1) satisfactorily pass the examination provided for
    in Section 9 of this Act; or
        (2) in lieu of that examination, hold a Certificate of
    Competency as an inspector of boilers or pressure vessels
    for a jurisdiction that has a standard of examination
    substantially equal to that of the State of Illinois; or
        (3) hold a Commission as an inspector of boilers and
    pressure vessels from the National Board of Boiler and
    Pressure Vessel Inspectors.
    (b) Special Inspectors shall receive no salary from, nor
shall any of their expenses be paid by, the State. The
continuance of a Special Inspector's Commission shall be
conditioned upon his continuing in the employ of the duly
authorized insurance company or owner-user self-insurer and
upon maintenance of the standards imposed by this Act.
    (c) Special Inspectors shall inspect boilers and pressure
vessels insured or operated self-insured by their respective
companies. The Board may impose limitations on owner-user
inspectors who have received their commissions based on the
American Petroleum Institute API-510 Inspectors Examination.
When so inspected, the owners and users of insured or
self-insured boilers and pressure vessels shall be exempt from
the payment to the State of the inspection fees provided for in
Section 13 of this Act.
    (d) Within 10 business days 30 days following each boiler
or pressure vessel certificate inspection, except the
inspection of pressure vessels covered by subsection (c) of
Section 11 of this Act, made by a Special Inspector, the
company employing the inspector shall file a report of the
inspection with the Chief Inspector either electronically or
upon the appropriate forms. Reports of non-certificate
external inspections need not be submitted except when those
inspections disclose that the boiler or pressure vessel is in
an unsafe condition or in violation of the rules and
regulations of the Board.
    (e) The State Fire Marshal, the Chief Inspector, or any
Deputy or Special Inspector, shall have free access to any
premises in the State to perform inspections and investigations
in accordance with the provisions of this Act.
(Source: P.A. 87-1169; 88-608, eff. 1-1-95.)
 
    (430 ILCS 75/10)  (from Ch. 111 1/2, par. 3211)
    Sec. 10. Inspection of boilers and pressure vessels.
    (a) Each boiler or pressure vessel used or proposed to be
used within this State, except boilers or pressure vessels
exempt under this Act or rules and regulations of the Board,
shall be thoroughly inspected as to its construction,
installation, condition, and operation as follows:
        (1) Power boilers shall be inspected annually both
    internally and externally while not under pressure and
    shall also be inspected annually externally while under
    pressure if possible; provided that any power boiler or
    steam generator, the operation of which is an integral part
    of or a necessary adjunct to other continuous processing
    operations, shall be inspected internally at such
    intervals as are permitted by the shutting down of the
    processing operations. The Board may provide by rules and
    regulations for extension of time within which power
    boilers are required to be inspected based upon type,
    function, or manner of operation.
        (2) Low pressure steam, and hot water heating, boilers
    and hot water supply boilers shall be inspected biennially
    as required by the rules and regulations of the Board.
        (3) Traction steam engine boilers and other boilers
    constructed before the effective date of this amendatory
    Act of 1992 and operated solely for exhibition purposes may
    be issued an inspection certificate by the Chief or Deputy
    Inspector, provided the owner can establish and document
    that the design, materials, fabrication, examination,
    testing, and operation are in accordance with the rules and
    regulations of the Board. Traction engine boilers and other
    boilers used solely for exhibition purposes shall be
    inspected every 2 years.
        (4) Pressure vessels subject to internal corrosion
    shall receive a certificate inspection every 3 years as
    required by rules and regulations of the Board. However,
    the standards of inspection and repair of pressure vessels
    in service by an owner-user authorized under Section 15
    shall, at the option of the owner-user or user, be either
    (1) the applicable rules and regulations in the National
    Board Inspection Code, or (2) the applicable section
    standards in the American Petroleum Institute API-510,
    "API Recommended Practice for Inspection, Repair, and
    Rating of Pressure Vessels in Petroleum Refining Service",
    with any revisions, reissues, amendments, and
    interpretations of those inspection standards that are
    subsequently approved and adopted by the Board.
        (5) Pressure vessels not subject to internal corrosion
    shall receive certificate inspection at intervals set by
    the Board, but internal inspection shall not be required of
    pressure vessels containing materials that are known to be
    noncorrosive to the material of which the shell, heads, or
    fittings are constructed, either from the chemical
    composition of the materials or from evidence that the
    materials are adequately treated with a corrosion
    inhibitor, provided that the vessels are constructed in
    accordance with the rules and regulations of the Board.
    A grace period of 2 months beyond the period specified in
this Section may elapse between internal inspections of a
boiler while it is not under pressure and between external
inspections of a boiler while it is under pressure. The Board
may, in its discretion, permit longer periods between
certificate inspection.
    The inspections herein required shall be made by the Chief
Inspector, a Deputy Inspector, or a Special Inspector provided
for in this Act.
    (b) If at any time a test is deemed necessary for a stated
cause by the inspector, the owner or user shall perform a test
acceptable to the inspector in the presence of and under the
direction of the inspector.
    (c) All boilers and pressure vessels, except those
otherwise exempted by the Board, shall be inspected during
construction, as required by the applicable rules and
regulations of the Board, by an inspector authorized to inspect
boilers and pressure vessels in this State or, if constructed
outside of the State, by an inspector holding a Certificate
from the National Board of Boiler and Pressure Vessel
Inspectors or a Certificate of Competency as an inspector of
boilers and pressure vessels for a jurisdiction that has a
standard of examination substantially equal to that of this
State as provided in Section 9.
(Source: P.A. 87-1169; 88-608, eff. 1-1-95.)
 
    (430 ILCS 75/11)  (from Ch. 111 1/2, par. 3212)
    Sec. 11. Inspection Certificates and annual statements.
    (a) Each company employing Special Inspectors, except a
company operating pressure vessels covered by an owner-user
inspection service, that meet the requirements of subsection
(a) of Section 8 of this Act shall, within 10 business days 30
days following each certificate inspection, file a report of
inspection with the Chief Inspector electronically or upon the
appropriate forms as approved by the division. upon appropriate
forms provided by the Division.
    (b) If the report filed pursuant to subsection (a) of this
Section shows that a boiler or pressure vessel is found to
comply with the rules and regulations of the Board, the owner
or user thereof shall pay directly to the Office of the State
Fire Marshal the fee established by the Board, and the Chief
Inspector shall issue to the owner or user an Inspection
Certificate bearing the date of inspection and specifying the
maximum pressure under which the boiler or pressure vessel may
be operated. Notwithstanding any other provision of this
Section, an Inspection Certificate shall remain valid beyond
the expiration date noted on the certificate until the boiler
or pressure vessel is reinspected by the authorized inspecting
authorities or until the certificate is suspended by the Chief
Inspector, provided that the owner or user of the boiler or
pressure vessel makes it available for inspection at reasonable
times. Certificates shall be posted in the room containing the
boiler or pressure vessel inspected. If the boiler or pressure
vessel is not located within the building, the certificate
shall be posted in a location convenient to the boiler or
pressure vessel inspected or in any place where it will be
accessible to interested parties.
    (c) Each company operating pressure vessels covered by an
owner-user inspection program service meeting the requirements
of subsection (a) of Section 8 of this Act shall maintain in
its files an inspection record, which shall list, by number and
such abbreviated description as may be necessary for
identification, each pressure vessel covered by this Act, the
date of the last inspection of each unit, and the approximate
date for the next inspection. The inspection date shall be
arrived at by applying the appropriate rules to all data
available at the time the inspection record is compiled. The
inspection record shall be readily available for examination by
the Chief Inspector or his authorized representative during
business hours. Each such company shall, in addition, file
annually with the Chief Inspector a statement, signed by the
person having supervision over the inspections made during the
period covered, stating the number of vessels covered by this
Act inspected during the year and certifying that each
inspection was conducted pursuant to the inspection standards
provided for by this Act. The annual statement shall be
accompanied by the a filing fee in accordance with the rates
established by the Board.
    (d) (Blank). An Inspection Certificate issued for a boiler
or pressure vessel based upon a report of a Special Inspector
shall be void if the boiler or pressure vessel insurance
ceases.
    (e) The Chief Inspector or his authorized representative
may at any time suspend an Inspection Certificate when, in his
opinion, the boiler or pressure vessel for which it was issued
cannot be operated without menace to public safety, when the
boiler or pressure vessel is found not to comply with the rules
and regulations herein provided, or when an owner or operator
has failed to pay any required fees or refused to allow
inspection. In that event, the Chief Inspector or his
representative shall issue a Notice of Suspension, which shall
be posted in a conspicuous location on or near the posted
Inspection Certificate. Each suspension of an Inspection
Certificate shall continue in effect until the boiler or
pressure vessel has been made to conform to the rules and
regulations of the Board, and until the Inspection Certificate
has been reinstated.
(Source: P.A. 88-608, eff. 1-1-95; 89-467, eff. 1-1-97.)
 
    (430 ILCS 75/15)  (from Ch. 111 1/2, par. 3216)
    Sec. 15. Self-insurers. Any owner or user of boilers or
pressure vessels subject to Section 10 of this Act who
maintains and operates, under the supervision of one or more
regularly employed engineers who meet the experience and
education requirements of the Board, an inspection or
maintenance program service in which one or more inspectors are
regularly employed on inspection of boilers or pressure vessels
operated by the owner or user shall, upon application to the
Board showing that fact and showing that the owner or user has
the financial ability to bear any loss and to pay all final
judgments or awards obtained against the owner or user by
reason of the operation of the boilers or pressure vessels, be
authorized to act as a self-insurer of his or its boiler and
pressure vessel risk in this State; and when so authorized, the
owner-user shall employ special inspectors to supervise
inspections performed at the owner-user's facilities. The
owner-user and the regularly employed special inspectors shall
be entitled to all the rights and privileges and shall be
subject to all the requirements, duties, and obligations
provided in this Act respectively for boiler and pressure
vessel insurance companies and special inspectors.
(Source: P.A. 87-1169; 88-608, eff. 1-1-95.)
 
    (430 ILCS 75/14 rep.)
    Section 10. The Boiler and Pressure Vessel Safety Act is
amended by repealing Section 14.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.