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The Florida Statutes

The 2018 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 554
BOILER SAFETY
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CHAPTER 554
CHAPTER 554
BOILER SAFETY
554.1011 Short title; scope.
554.1021 Definitions.
554.103 Boiler code.
554.104 Certification of boiler inspectors required; application; qualifications; renewal.
554.105 Chief boiler inspector.
554.106 Deputy boiler inspectors.
554.107 Special boiler inspectors.
554.108 Inspection.
554.1081 Boiler inspections by insurance companies and local governmental agencies.
554.109 Exemptions.
554.1101 Certificate of operation.
554.111 Fees.
554.114 Prohibitions; penalties.
554.115 Disciplinary proceedings.
554.1151 Administrative fine in lieu of or in addition to suspension, revocation, or refusal to renew a certificate of operation or competency.
554.1011 Short title; scope.This act may be cited as the “Boiler Safety Act.”
History.s. 1, ch. 87-361; s. 1, ch. 88-303; s. 4, ch. 91-429.
554.1021 Definitions.As used in this chapter, the term:
(1) “A.S.M.E.” means the American Society of Mechanical Engineers.
(2) “Authorized inspection agency” means:
(a) Any county, municipality, town, or other governmental subdivision that has adopted into law the Boiler and Pressure Vessel Code of the A.S.M.E. and the National Board Inspection Code for the construction, installation, inspection, maintenance, and repair of boilers to regulate boilers in public assembly locations, and whose boiler inspectors hold valid certificates of competency in accordance with s. 554.104;
(b) An insurer authorized by a subsisting certificate of authority, issued by the Office of Insurance Regulation, to transact boiler and machinery insurance in this state, and whose boiler inspectors hold valid certificates of competency in accordance with s. 554.104; or
(c) An inspecting agency accredited in accordance with the National Board of Boiler and Pressure Vessel Inspector’s program entitled “Accreditation of Authorized Inspection Agencies (AIA) Performing Inservice or Repair/Alteration Inspection Activities,” document number NB-369, and whose boiler inspectors hold valid certificates of competency in accordance with s. 554.104. The department shall by rule require an inspection agency authorized pursuant to this paragraph to maintain financial security adequate to indemnify the owner of the boiler if such agency’s negligence or failure to inspect an uninsured boiler results in a loss. Such inspection agency may inspect uninsured boilers or, at the direction of an insurance company, may inspect a boiler insured by that insurance company.
(3) “Boiler” means a closed vessel in which water or other liquid is heated, steam or vapor is generated, steam is superheated, or any combination of these functions is accomplished, under pressure or vacuum, for use external to itself, by the direct application of energy from the combustion of fuels or from electricity or solar energy. The term “boiler” includes fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and are complete within themselves. The varieties of boilers are as follows:
(a) “Heating boiler” means a steam or vapor boiler operating at pressures not exceeding 15 psig, or a hot water boiler operating at pressures not exceeding 160 psig or temperatures not exceeding 250 °F.
(b) “High pressure, high temperature water boiler” means a water boiler operating at pressures exceeding 160 psig or temperatures exceeding 250 °F.
(c) “Hot water supply boiler” means a boiler or a lined storage water heater supplying heated water for use external to itself operating at a pressure not exceeding 160 psig or temperature not exceeding 250 °F.
(d) “Inservice boiler” means a boiler placed in use after test firing and required inspections have been satisfactorily completed.
(e) “Operating boiler” means a boiler connected and ready for use.
(f) “Power boiler” means a boiler in which steam or other vapor is generated at a pressure of more than 15 psig.
(g) “Secondhand boiler” means a boiler that has changed ownership and location subsequent to its original installation and use.
(h) “Secured boiler” means a boiler that has been:
1. Physically disconnected from the system, including disconnection from fuel, water, steam, electricity, and stack; or
2. Locked out and tagged out in accordance with the Occupational Safety and Health Administration’s standard relating to the control of hazardous energy and lockout or tagout in 29 C.F.R. s. 1910.147, as adopted by rule of the department.
(4) “Boiler insurance company” means a company authorized by a subsisting certificate of authority, issued by the Office of Insurance Regulation, to transact boiler and machinery insurance in this state.
(5) “Certificate inspection” means an inspection whose report is used by the chief boiler inspector to determine whether or not a certificate of operation may be issued.
(6) “Certificate of competency” means a document issued to a person who has satisfied the minimum competency requirements for boiler inspectors under this chapter.
(7) “Certificate of operation” means a document issued to the owner of a boiler which authorizes the owner to operate the boiler, subject to any restrictions endorsed thereon.
(8) “Department” means the Department of Financial Services.
(9) “Public assembly locations” includes schools, day care centers, community centers, churches, theaters, hospitals, nursing and convalescent homes, stadiums, amusement parks, and other locations open to the general public.
History.s. 2, ch. 87-361; s. 1, ch. 88-303; s. 4, ch. 91-429; s. 668, ch. 2003-261; s. 3, ch. 2017-175.
554.103 Boiler code.The department shall adopt by rule a State Boiler Code for the safe construction, installation, inspection, maintenance, and repair of boilers in this state. The rules adopted shall be based upon and shall at all times follow generally accepted nationwide engineering standards, formulas, and practices pertaining to boiler construction and safety.
(1) The department shall adopt an existing code for new construction and installation known as the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers, including all amendments and interpretations to the A.S.M.E. Boiler and Pressure Vessel Code approved by the A.S.M.E. Council on Codes and Standards subsequent to the adoption of the State Boiler Code, and when so adopted by the department, such amendments and interpretations become a part of the State Boiler Code.
(2) The installer of any boiler placed in use in this state after January 1, 2018, must, before installing the boiler, apply on a form adopted by rule of the department for a permit to install the boiler from the chief boiler inspector. The application must include the boiler’s A.S.M.E. manufacturer’s data report and other documents required by the State Boiler Code before the boiler is placed in service. The installer must contact the chief boiler inspector to schedule an inspection for each boiler no later than 7 days before the boiler is placed in service.
(3) The maximum allowable working pressure of a boiler carrying the A.S.M.E. code symbol must be determined by the applicable sections of the code under which it was constructed and stamped. Subject to the concurrence of the chief boiler inspector, such boiler may be rerated in accordance with the standards of the State Boiler Code.
(4) The maximum allowable working pressure of a boiler that does not carry the A.S.M.E. code symbol must be computed in accordance with the standards of the State Boiler Code.
(5) This chapter may not be construed to in any way prevent the use, sale, or reinstallation of a boiler if such boiler has been made to conform to the applicable provisions of the State Boiler Code governing existing installations and if, upon inspection, the boiler has been found to be in a safe condition.
(6) The department, at its discretion, may authorize the construction, installation, and operation of boilers of special design or construction which do not meet the specific requirements of the State Boiler Code, but which are consistent with the intent of the safety objectives of the code.
(7) The department may adopt rules pursuant to ss. 120.536(1) and 120.54 to administer this chapter. Such rules may include specifying the procedures and forms to be used to obtain an installation permit, an initial certificate, or a renewal certificate, and the submission of reports and notices required under this chapter.
History.s. 3, ch. 87-361; s. 1, ch. 88-303; s. 4, ch. 91-429; s. 4, ch. 2017-175.
554.104 Certification of boiler inspectors required; application; qualifications; renewal.
(1) CERTIFICATE REQUIRED.A person may not be, act as, or advertise or hold himself or herself out to be an inspector of a boiler that is subject to regulation by this chapter, unless he or she currently holds a certificate of competency issued by the department.
(2) APPLICATION.A person who desires to be certified to inspect boilers that are subject to regulation by this chapter must apply in writing to the department to take the certification examination.
(3) QUALIFICATIONS.A person is qualified to take the certification examination if the person:
(a) Has submitted the application for examination together with the fee required under s. 554.111(1)(a);
(b) Is at least 18 years of age;
(c) Has completed the 2-hour training course under subsection (4) on the requirements of this chapter and any related rules adopted by the department. The course must be completed no later than 12 months before issuance of an initial or renewal certificate; and
(d) Has:
1. At least 3 years of experience in the construction, installation, inspection, operation, maintenance, or repair of high pressure, high temperature water boilers; or
2. Met the requirements to qualify as a commissioned inspector by the National Board of Boiler and Pressure Vessel Inspectors as set forth in NB-263, RCI-1, Rules for Commissioned Inspectors, as adopted by rule of the department.
(4) TRAINING COURSE.The department shall adopt by rule a 2-hour training course on the requirements of this chapter and any related rules adopted by the department. The department shall make the training course available online and may make the course available in a classroom setting. A boiler insurance company may include the department’s course as part of its in-house training of a boiler inspector student, in lieu of the student taking the online training course. A boiler insurance company that includes the department’s course in its in-house training of a boiler inspector student must indicate that the student completed the training on an application filed with the department for certification of competency.
(5) EXAMINATION.A person applying for a certificate of competency must have successfully passed the examination administered by the National Board of Boiler and Pressure Vessel Inspectors and be eligible to obtain a National Board commission.
(6) ISSUANCE OF CERTIFICATE.The chief boiler inspector must issue a certificate of competency to each person who is qualified under this section and who holds a commission from the National Board of Boiler and Pressure Vessel Inspectors.
(7) RENEWAL OF CERTIFICATE.A certificate of competency expires on December 31 of each year and may be renewed upon the filing of a renewal application with the department. A secured electronic application must be used, if available on the department’s website.
(8) RULES.The department may adopt rules necessary to administer this section.
History.s. 4, ch. 87-361; s. 1, ch. 88-303; s. 4, ch. 91-429; s. 5, ch. 2017-175.
554.105 Chief boiler inspector.
(1) The Chief Financial Officer shall appoint a chief boiler inspector, who must have at least 5 years’ experience in the construction, installation, inspection, operation, maintenance, or repair of high pressure, high temperature water boilers and who must hold a commission from the National Board of Boiler and Pressure Vessel Inspectors or a certificate of competency from the department.
(2) The department, through the chief boiler inspector, shall administer the state boiler inspection program, and shall:
(a) Take all action necessary to enforce the State Boiler Code and the rules adopted pursuant to this chapter.
(b) Keep a complete record on all boilers at public assembly locations. Such record must include the name of each boiler owner or user and the location, type, maximum allowable working pressure, age, last recorded inspection of each boiler, and any other information necessary to expedite the certification process.
(c) Expend funds necessary to meet the expenses authorized by this chapter, including the necessary travel expenses of the chief boiler inspector and deputy boiler inspectors, and the expenses incident to the maintenance of this office.
History.s. 5, ch. 87-361; s. 1, ch. 88-303; s. 44, ch. 91-220; s. 4, ch. 91-429; s. 809, ch. 97-103; s. 669, ch. 2003-261; s. 6, ch. 2017-175.
554.106 Deputy boiler inspectors.
(1) The department shall employ deputy boiler inspectors who shall be responsible to the chief boiler inspector.
(2) A deputy boiler inspector shall perform inspections of uninsured boilers that are subject to regulation under this chapter, in accordance with the inspection frequency set forth in s. 554.108. A deputy boiler inspector may also engage in public outreach activities of the department and conduct other duties as assigned by the chief boiler inspector.
History.s. 6, ch. 87-361; s. 1, ch. 88-303; s. 45, ch. 91-220; s. 4, ch. 91-429; s. 7, ch. 2017-175.
554.107 Special boiler inspectors.
(1) Upon application by any authorized inspection agency, the chief boiler inspector shall issue a certificate of competency as a special boiler inspector to any inspector employed by the authorized inspection agency, if such boiler inspector satisfies the competency requirements for inspectors as provided in s. 554.104. Special boiler inspectors shall perform inspections of insured boilers in accordance with the inspection frequency set forth in s. 554.108.
(2) The certificate of competency of a special boiler inspector remains in effect only so long as the special boiler inspector is employed by an authorized inspection agency. Upon termination of employment with such company, such company shall, in writing, notify the chief boiler inspector of such special boiler inspector’s termination. Such notice must be given within 15 days following the date of termination.
History.s. 7, ch. 87-361; s. 1, ch. 88-303; s. 4, ch. 91-429; s. 8, ch. 2017-175.
554.108 Inspection.
(1) The inspection requirements of this chapter apply only to boilers located in public assembly locations. A potable hot water supply boiler with a heat input of 200,000 British thermal units (Btu) per hour and above, up to a heat input not exceeding 400,000 Btu per hour, is exempt from inspection, but must be stamped with the A.S.M.E. code symbol “HLW” and the boiler’s A.S.M.E data report must be filed as required under s. 554.103(2).
(2) Each inspection of a boiler conducted pursuant to this chapter must be made by the chief boiler inspector, a deputy boiler inspector, or a special boiler inspector. An owner, or the owner’s designee, shall perform all operation, testing, manipulation of boiler controls and safety devices, removal of lagging, and disassembly of boiler components to allow the chief boiler inspector, deputy boiler inspector, or special boiler inspector to conduct inspections as required by this section.
(3) The construction, installation, and condition of each boiler used in a public assembly location shall be inspected as follows:
(a) Power boilers and high pressure, high temperature water boilers shall receive a certificate inspection annually. Such inspection shall include, but not be limited to, an external inspection while the boiler is under pressure and an internal inspection if the construction of the boiler so permits.
(b) Low pressure steam or vapor heating boilers shall receive a certificate inspection biennially. Such inspection shall include, but not be limited to, an internal inspection if the construction of the boiler so permits.
(c) Hot water heating boilers and hot water supply boilers shall receive a certificate inspection biennially. Such boilers shall receive an internal inspection every 4 years if the construction of the boiler so permits.
(4) Each boiler subject to inspection must be inspected within 30 days after expiration of the boiler’s certificate of operation. However, an inspection report must be received by the chief boiler inspector no later than 30 days after the projected expiration date of the certificate of operation. If, upon inspection, the chief boiler inspector, deputy boiler inspector, or special boiler inspector finds that a boiler is in violation of any provision of the State Boiler Code, the inspector must promptly notify the owner or user and state what repairs or other corrective measures are needed. Deputy boiler inspectors and special boiler inspectors shall file a written report, on a form adopted by rule of the department, on each certificate inspection with the chief boiler inspector within 15 days after the inspection. A certificate inspection report must list all violations of the State Boiler Code and any conditions that may adversely affect the operation of the boiler. The filing of reports of inspections, other than statutorily required inspections, is not required unless such inspections disclose that a boiler is in an unsafe condition or unless the boiler has failed and requires major repair or replacement. The inspection report must list the extent of damage to the boiler, as well as the cause of the failure, if known, and any other pertinent information. However, an inspection report must be filed for any inspection performed on a boiler with a previously identified code violation. The report must indicate whether the violation has been corrected. The agency responsible for conducting the inspection must perform followup inspections, not more than every 6 months, of a previously identified code violation until it is corrected.
(5) Upon a determination by the chief boiler inspector that a boiler cannot be safely operated, the boiler must immediately be shut down. The chief boiler inspector or a deputy boiler inspector shall attach a tag to the boiler indicating that the boiler has been shut down due to an unsafe condition. The boiler must remain shut down until a reinspection by the chief boiler inspector or a deputy boiler inspector determines that the boiler may be operated safely. A boiler that may not be safely operated, as determined by the chief boiler inspector, is deemed to constitute an imminent danger to the public health, safety, and welfare.
(6) The department may adopt rules necessary to administer this section.
History.s. 8, ch. 87-361; s. 1, ch. 88-303; s. 4, ch. 91-429; s. 9, ch. 2017-175.
554.1081 Boiler inspections by insurance companies and local governmental agencies.
(1) An insurance company insuring a boiler located in a public assembly location in this state shall inspect, or shall contract with an authorized inspection agency to inspect, the insured boiler. A boiler insurance company shall annually report to the department the name of any authorized inspection agency performing any required boiler inspections on its behalf and shall actively monitor insured boilers to ensure that inspections are conducted as required by this chapter.
(2) A county, municipality, town, or other governmental subdivision that has adopted into law the Boiler and Pressure Vessel Code of the A.S.M.E. and the National Board Inspection Code for the construction, installation, inspection, maintenance, and repair of boilers to regulate boilers in public assembly locations may inspect such boilers. All boiler inspections must be conducted by special boiler inspectors in accordance with this chapter.
History.s. 10, ch. 2017-175.
554.109 Exemptions.This chapter does not apply to potable hot water supply boilers or lined storage water heaters that are directly fired with oil, gas, electricity, or solar energy, provided that none of the following limitations is exceeded:
(1) Heat input of 400,000 Btu per hour.
(2) Water temperature of 210 degrees Fahrenheit.
(3) Nominal water-containing capacity of 120 gallons.
History.s. 9, ch. 87-361; s. 1, ch. 88-303; s. 10, ch. 89-233; s. 4, ch. 91-429; s. 11, ch. 2017-175.
554.1101 Certificate of operation.
(1) If an inspection report filed pursuant to s. 554.108 shows a boiler to be in compliance with all applicable provisions of the State Boiler Code, the chief boiler inspector must, upon receipt of the inspection fee, issue a certificate of operation to the owner. Such certificate must bear the date of the inspection and specify the maximum pressure at which the boiler may be operated.
(2) The certificate for a power boiler or a high pressure, high temperature water boiler is valid for a period of 12 months from the date of the certificate inspection. The certificate for a heating boiler or a hot water supply boiler is valid for a period of 24 months from the date of the certificate inspection. The certificate must be posted under glass, or be similarly protected, in the room containing the boiler.
(3) A boiler insurance company shall notify the chief boiler inspector within 30 days after the issuance of a new or renewal boiler and machinery insurance policy, or the cancellation or nonrenewal of a boiler and machinery insurance policy, covering places of public assembly in this state.
(4) If the chief boiler inspector has knowledge that a boiler regulated under this chapter was covered by a boiler and machinery insurance policy after its most recent certification inspection, the certificateholder must, upon the request of the chief boiler inspector, submit its certificate of boiler and machinery insurance for the boiler if the department has not received the special boiler inspector’s annual inspection report within 30 days after its due date.
History.s. 10, ch. 87-361; s. 1, ch. 88-303; s. 4, ch. 91-429; s. 12, ch. 2017-175.
554.111 Fees.
(1) The department shall charge the following fees:
(a) For an applicant for a certificate of competency, the initial application fee shall be $50, and the annual renewal fee shall be $30. The fee for examination shall be $50.
(b) For certificate inspections conducted by the department:
1. For power boilers and high pressure, high temperature water boilers of:

4,000 square feet or less heating surface..........$60

More than 4,000 square feet heating surface and less than 10,000 square feet of heating surface..........$70

10,000 square feet or more heating surface..........$90

2. For heating boilers:

Without a manhole..........$40

With a manhole..........$70

3. For hot water supply boilers..........$40
(c) For issuance of a certificate of operation without a department inspection..........$30
(d) Duplicate certificates or address changes..........$5
(e) An application for a boiler permit must include the applicable certificate inspection fee provided in paragraph (b).
(2) Not more than an amount equal to one certificate inspection fee may be charged or collected for any and all boiler inspections in any inspection period, except as otherwise provided in this chapter.
(a) When it is necessary to make a special trip to observe the application of a hydrostatic test, an additional fee equal to the fee for a certificate inspection of the boiler must be charged.
(b) All other inspections, including shop inspections, surveys, and inspections of secondhand boilers made by the chief boiler inspector or a deputy boiler inspector, must be charged at the rate of not less than $270 for one-half day of 4 hours, and $500 for 1 full day of 8 hours, plus travel, hotel, and incidental expenses in accordance with chapter 112.
(3) The chief boiler inspector shall deposit all fees or fines received pursuant to this chapter into the Insurance Regulatory Trust Fund.
History.s. 11, ch. 87-361; s. 1, ch. 88-303; s. 11, ch. 89-233; s. 4, ch. 91-429; s. 670, ch. 2003-261; s. 13, ch. 2017-175.
554.114 Prohibitions; penalties.
(1) A person may not:
(a) Operate a boiler at a public assembly location without a valid certificate of operation for that boiler;
(b) Use a certificate of operation for any boiler other than for the boiler for which it was issued;
(c) Operate a boiler for which the certificate of operation has been suspended, revoked, or not renewed; or
(d) Inspect any boiler regulated under this chapter without having a valid certificate of competency.
(2) A boiler insurance company that fails to inspect or to have inspected, in accordance with this chapter, any boiler insured by the company and regulated under this chapter is subject to the penalties provided in subsection (4), unless the failure to inspect was the result of an owner’s or operator’s failure to provide reasonable access to the boiler.
(3) An authorized inspection agency that is under contract with a boiler insurance company and that fails to inspect, in accordance with this chapter, any boiler insured by the company and regulated under this chapter is subject to the penalties provided in subsection (4), unless the failure to inspect was the result of an owner’s or operator’s failure to provide reasonable access to the boiler.
(4) A boiler insurance company, authorized inspection agency, or other person in violation of this section for more than 30 days shall pay a fine of $10 per day for the first 10 days of noncompliance, $50 per day for the subsequent 20 days of noncompliance, and $100 per day for each subsequent day over 20 days of noncompliance.
History.s. 14, ch. 87-361; s. 1, ch. 88-303; s. 4, ch. 91-429; s. 15, ch. 2017-175.
554.115 Disciplinary proceedings.
(1) The department may deny, refuse to renew, suspend, or revoke a certificate of operation upon proof that:
(a) The certificate has been obtained by fraud or misrepresentation;
(b) The boiler for which the certificate was issued cannot be operated safely;
(c) The person who received the certificate willfully or deliberately violated the State Boiler Code, this chapter, or any other rule adopted pursuant to this chapter; or
(d) The owner of a boiler:
1. Operated a boiler at a public assembly location without a valid certificate of operation for that boiler;
2. Used a certificate of operation for a boiler other than the boiler for which the certificate of operation was issued;
3. Gave false or forged information to the department, to an authorized inspection agency, or to another boiler inspector for the purpose of obtaining a certificate of operation;
4. Operated a boiler after the certificate of operation for the boiler expired, was not renewed, or was suspended or revoked;
5. Operated a boiler that is in an unsafe condition; or
6. Operated a boiler in a manner that is contrary to the requirements of this chapter or any rule adopted under this chapter.
(2) The department may deny, refuse to renew, suspend, or revoke a certificate of competency upon proof that:
(a) The certificate was obtained by fraud or misrepresentation;
(b) The inspector to whom the certificate was issued is no longer qualified under this chapter to inspect boilers; or
(c) The boiler inspector:
1. Gave false or forged information to the department, to an authorized inspection agency, or to another boiler inspector for the purpose of obtaining a certificate of operation; or
2. Inspected any boiler regulated under this chapter without having obtained a valid certificate of competency.
(3) Each suspension of a certificate of operation or certificate of competency shall continue in effect until all violations have been corrected and, for boiler safety violations, until the boiler has been inspected by an authorized inspector and shown to be in a safe working condition.
(4) A revocation of a certificate of competency is permanent, and a revoked certificate of competency may not be reinstated or a new certificate of competency issued to the same person. A suspension of a certificate of competency continues in effect until all violations have been corrected.
History.s. 15, ch. 87-361; s. 1, ch. 88-303; s. 4, ch. 91-429; s. 2, ch. 2000-370; s. 16, ch. 2017-175; s. 81, ch. 2018-110.
554.1151 Administrative fine in lieu of or in addition to suspension, revocation, or refusal to renew a certificate of operation or competency.
(1) If the department finds that one or more grounds exist for the suspension, revocation, or refusal to renew any certificate of operation or certificate of competency issued under this chapter, the department may, in its discretion, in lieu of or in addition to suspension or revocation or in lieu of refusal to renew, impose upon the certificateholder an administrative penalty in an amount up to $500, or, if the department has found willful misconduct or willful violation on the part of the certificateholder, in an amount up to $3,500.
(2) The department may allow the certificateholder a reasonable period, no more than 30 days, within which to pay to the department the amount of the penalty so imposed. If the certificateholder fails to pay the penalty in its entirety to the department within the period so allowed, the certificate of that person must be suspended until the penalty is paid. If the certificateholder fails to pay the penalty in its entirety to the department within 90 days after the period so allowed, the certificate of that person must be revoked.
History.s. 17, ch. 2017-175.