Subchapter C. ADMINISTRATION

§ 3a.91. Certificates of operation.

 (a)  The Department will issue a certificate of operation for a boiler or unfired pressure vessel upon receipt of an inspection report indicating that the boiler or unfired pressure vessel is safe to operate at the pressure limit listed in the inspection report.

 The Department will suspend the certificate of operation and seal a boiler or unfired pressure vessel that is unsafe. A person, firm, partnership or corporation operating a boiler or unfired pressure vessel with a suspended certificate of operation is subject to the penalties of section 19 of the act (35 P. S. §  1331.19).

 (a)  Under section 16 of the act (35 P. S. §  1331.16), the owner, user or operator shall immediately notify the Department by telephone, facsimile transmission, electronic mail or messenger of an accident or explosion. Immediate notification means within 24 hours of the accident. The owner, user or operator shall file a written report with the Department on the Department’s boiler accident report form within 5 days of the accident. The boiler accident report form may be obtained on the Department’s website (www.dli.state.pa.us).

 (a)  An inspector will instruct the owner or user to restamp a boiler or unfired pressure vessel when the stamping becomes indistinct or detached. The owner or user shall submit a request for restamping the boiler or unfired pressure vessel to the Department. The request must be accompanied with proof of the original stamping consisting of a rubbing of the original stamping or a copy of the manufacturer’s data sheet.

 (a)  A Department inspector will stamp an unsafe boiler or unfired pressure vessel by crossing out the serial number stamping. The following designation will be used:

 Pa ‹ XX ›

 (b)  The stamping will be at least 5/16 inch in height.

 (a)  Fittings and appliances used for the reinstallation of a boiler and pressure vessel must comply with this chapter.

 (b)  The owner or user of a boiler or unfired pressure vessel shall notify the Department within 10 days of the new location of a boiler or unfired pressure vessel that is moved.

 (a)  Installation of a boiler must comply with all of the requirements of this section.

 (b)  A boiler owner shall submit an intent to install form or other data showing compliance with the act and this chapter to the Department before a boiler is installed.

 (c)  A boiler owner shall submit drawings and a request for a variance to the Industrial Board if the installation clearances do not meet the requirements of §  3a.36 (relating to clearances). Drawings must be at least 18 inches by 24 inches in size drawn to a scale of not less than 1/4 inch equals 1 foot. Drawings for boiler installations must include the following:

   (1)  A floor plan and cross section of the boiler room.

   (2)  The proposed location of all boilers, drums, headers, doors, steam, air and water gages, safety devices, blowoffs, all necessary piping, and all other parts and equipment.

   (3)  The exit ways from all of the following:

     (i)   Boiler rooms.

     (ii)   Blowoff pits and ashpits or alleys.

     (iii)   High pressure steam line tunnels.

     (iv)   Other places where there is danger to persons in confined space in case of explosion.

     (v)   Platforms.

   (4)  Walkways located over boilers.

   (5)  Clearance dimensions above, around and between boilers, equipment and other construction.

 (a)  The Department will use the following procedures if an inspection reveals any violation of the act or this chapter:

   (1)  The Department will issue a written notice of deficiency to the boiler or unfired pressure vessel owner or user. The notice will contain a description of the violations and an order requiring correction of the violations and repairs within 30 days of the date of issuance. When a violation relates to the unsafe operation of a boiler, the Department will act under §  3a.92 (relating to unsafe operation).

   (2)  The written notice of deficiency will include a certification requiring the boiler or unfired pressure vessel owner or user to sign, date and return the certification when the corrective action or repair has occurred. The Department will inspect boilers or unfired pressure vessels which have been placed out of service to verify the corrective action or repair. The Department must approve the corrective action or repair before the boiler or unfired pressure vessel is returned to service.

   (3)  If the boiler or unfired pressure vessel owner or user does not correct the deficiency within the period of time allowed in the notice of deficiency, the Department may initiate action to seal the boiler or unfired pressure vessel by issuing an order to show cause to the boiler or unfired pressure vessel owner or user.

   (4)  The order to show cause must contain a statement of the grounds for the action, the alleged violations of the act and this chapter and notification that the boiler or unfired pressure vessel may be sealed. The order to show cause must contain notification that the owner or user shall submit a written answer within 30 days. The Department will serve the order to show cause upon the owner or user by certified mail or personal service.

   (5)  The owner or user may file a written answer to the order to show cause with the Department within 30 days following service of the order to show cause. The answer must contain specific admissions or denials of the allegations contained in the order to show cause and set forth the specific facts, matters of law or regulation interpretation relied upon by the owner or user. The answer may contain a request for a variance or an extension of time for compliance.

 (b)  The Department will consider a timely-filed request for variance or extension of time, or a timely-filed appeal as a stay to an enforcement action unless the Department acts under §  3a.92 or the boiler constitutes a danger to life or property under section 10(e) of the act (35 P. S. §  1331.10(e)).

 (c)  The Department will inspect the boiler or unfired pressure vessel at the expiration of an extension of time or other time period granted for compliance under this section. If the boiler or unfired pressure vessel violates the act or this chapter following inspection, the Department may seal or condemn the boiler or unfired pressure vessel under section 13 of the act (35 P. S. §  1331.13). The Department will serve the seal order upon the owner or user by certified mail or personal service.

 (d)  Under section 13 of the act, the Department will issue a notice to discontinue operation to the boiler or unfired pressure vessel owner or user for a violation that was not corrected. The notice to discontinue operation will require the owner or user to discontinue the use of the boiler or unfired pressure vessel within 24 hours. The boiler or unfired pressure vessel may not be returned to service until the violations have been corrected, the repairs have been made and the Department notifies the owner or user that the boiler or unfired pressure vessel may be returned to service.

 (a)  A person aggrieved by a notice of deficiency or a notice to discontinue operation may appeal the order to the Industrial Board within 30 days of the issuance of the order.

 (b)  The Industrial Board will decide petitions for variances and extensions of time, and appeals of Department decisions.

 (c)  The Board may consider the following factors, among others, when reviewing and ruling upon a request for an extension of time or a variance or other appropriate relief:

   (1)  The reasonableness of the Department’s rules and regulations as applied in the specific case.

   (2)  The extent to which an extension of time or a variance will subject occupants to unsafe conditions.

   (3)  The availability of professional or technical personnel needed to come into compliance.

   (4)  The availability of materials and equipment needed to come into compliance.

   (5)  The efforts being made to safeguard occupants against boiler and unfired pressure vessel hazards.

   (6)  The efforts being made to come into compliance as quickly as possible.

   (7)  Compensatory safety features which will provide an equivalent degree of protection for the occupants.