HB-85 Presentation for BPV Stakeholders Week of 8 22 2010

HB-85 Presentation for BPV Stakeholders Week of 8/22/2010 Karl Kraft Chief Boiler Inspector DLLR-Safety Inspection Unit 8/23/2010 HB-85 1

OUTLINE I. References II. Overview Of The Program III. HB-85 in a Nutshell IV. Existing Law, Regs & Policy V. The Process VI. Frequently Asked Questions DLLR-Safety Inspection Unit 8/23/2010 HB-85 2

OUTLINE I. References II. Overview Of The Program III. HB-85 in a Nutshell IV. Existing Law, Regs & Policy V. The Process VI. Frequently Asked Questions DLLR-Safety Inspection Unit 8/23/2010 HB-85 3

I. References A. BPV Safety Law and Regulations 1. LAW - Annotated Code of Maryland, Public Safety Article, Title 12, Subtitle 9 2. REGs - COMAR - Code of Maryland Regulations, Public Safety Article, Title 9, Subtitle 12 DLLR-Safety Inspection Unit 8/23/2010 HB-85 4

I. References B. House Bill HB-85, 2010 Legislature C. Database of Maryland BPVs D. Operational Policies DLLR-Safety Inspection Unit 8/23/2010 HB-85 5

OUTLINE I. References II. Overview Of The Program III. HB-85 in a Nutshell IV. Existing Law, Regs & Policy V. The Process VI. Frequently Asked Questions DLLR-Safety Inspection Unit 8/23/2010 HB-85 6

II. Overview of the Program 1. Chart of Inventory DLLR-Safety Inspection Unit 8/23/2010 HB-85 7

II. Overview of the Program 2. Chart of Overdues DLLR-Safety Inspection Unit 8/23/2010 HB-85 8

II. Overview of the Program 3. Chart of Overdues – Last Inspection DLLR-Safety Inspection Unit 8/23/2010 HB-85 9

II. Overview of the Program 4. Chart of NEW Objects DLLR-Safety Inspection Unit 8/23/2010 HB-85 10

II. Overview of the Program 5. Chart of Violations DLLR-Safety Inspection Unit 8/23/2010 HB-85 11

II. Overview of the Program A. State of the BPVs in Maryland 6. Analysis a) Inventory (1) 25000 periodic inspections per year (2) 3000 new objects added each year (3) 4000 change of status per year DLLR-Safety Inspection Unit 8/23/2010 HB-85 12

II. Overview of the Program A. State of the BPVs in Maryland 6. Analysis b) Overdues (1) In 2008 overdues peaked at 15, 000 (2) Progress since then, but not enough (3) Each overdue may be a catastrophe waiting to happen DLLR-Safety Inspection Unit 8/23/2010 HB-85 13

II. Overview of the Program A. State of the BPVs in Maryland 6. Analysis c) Violations (1) 1200 opened per year (2) 600 closed per year DLLR-Safety Inspection Unit 8/23/2010 HB-85 14

II. Overview of the Program A. State of the BPVs in Maryland 7. Commissioned Inspectors a) 10 = Deputy Inspectors b) 30 = Special Inspectors active c) More Inspectors needed d) Source for more inspectors is additional In. Service Authorized Inspection Agencies (AIAs) e) Thus HB-85 DLLR-Safety Inspection Unit 8/23/2010 HB-85 15

OUTLINE I. References II. Overview Of The Program III. HB-85 in a Nutshell IV. Existing Law, Regs & Policy V. The Process VI. Frequently Asked Questions DLLR-Safety Inspection Unit 8/23/2010 HB-85 16

III. HB-85 in a nutshell A. OWNER SHALL 1. If NOT insured, CONTRACT with an AIA DLLR-Safety Inspection Unit 8/23/2010 HB-85 17

III. HB-85 in a nutshell B. AIA (Insurer or Non-Insurer) SHALL 1. File report on a) Each cert inspection b) Any other inspection for which a report is required 2. Notify Chief within 24 hours after inspection of hazardous condition. 3. Maintain a Quality Assurance Program. a) Make it available for inspection, or b) Submit evidence of NB-369 accreditation DLLR-Safety Inspection Unit 8/23/2010 HB-85 18

III. HB-85 in a nutshell C. AIA (Insurer) SHALL 1. Inspect the insured BPV with a) Special employed by Insurer OR b) Special employed by contracted AIA DLLR-Safety Inspection Unit 8/23/2010 HB-85 19

III. HB-85 in a nutshell D. Chief Boiler Inspector or Deputy SHALL 1. Investigate accidents and explosions 2. Investigate complaints about operation of BPVs 3. Monitor inspections of Special Inspectors DLLR-Safety Inspection Unit 8/23/2010 HB-85 20

III. HB-85 in a nutshell E. Chief Boiler Inspector or Deputy MAY 1. Inspect New Installations 2. Inspect Repairs and Alterations 3. Inspect Antique and Model BPVs DLLR-Safety Inspection Unit 8/23/2010 HB-85 21

III. HB-85 in a nutshell F. FEE for inspections by Deputies 1. $0 = Initial cert inspection 2. $50 = Followup inspection to determine compliance 3. $15 = Antique or model inspection 4. $0 = Investigation of accident or complaint 5. $250/per half day plus expenses = other inspections, e. g. , fabricaton, repair, alteration, ASME/NB review, other DLLR-Safety Inspection Unit 8/23/2010 HB-85 22

OUTLINE I. References II. Overview Of The Program III. HB-85 in a Nutshell IV. Existing Law, Regs & Policy V. The Process VI. Frequently Asked Questions DLLR-Safety Inspection Unit 8/23/2010 HB-85 23

IV. Existing Law, Regs & Policy A. Owner SHALL 1. Do Maintain BPV and records 2. Do get periodic inspections 3. Do periodic reregistration 4. Do not operate with out a Certificate of Inspection 5. Do operate in accordance with Stationary Engineer Law DLLR-Safety Inspection Unit 8/23/2010 HB-85 24

IV. Existing Law, Regs & Policy B. AIA (Insurer) SHALL 1. Conduct the cert inspection for each insured BVP by the due date 2. Develop and maintain a database of insured BPVs DLLR-Safety Inspection Unit 8/23/2010 HB-85 25

IV. Existing Law, Regs & Policy C. AIA (Insurer or Non-Insurer) SHALL 1. File inspection report within 30 days after inspection DLLR-Safety Inspection Unit 8/23/2010 HB-85 26

IV. Existing Law, Regs & Policy C. AIA (Insurer or Non-Insurer) SHALL 2. Be in the format required by Regs a) In electronic format acceptable to Chief (1) Through web interface with Jurisdiction On Line, or (2) Through email as XML attachment (a) Directly to JOL, or (b) Through State server to JOL b) If not filed in the required format AIA SHALL pay a filing fee DLLR-Safety Inspection Unit 8/23/2010 HB-85 27

IV. Existing Law, Regs & Policy C. AIA (Insurer or Non-Insurer) SHALL 3. Notify Chief within 24 hours after inspection of hazardous condition. 4. Maintain a Quality Assurance Program. a) Make it available for inspection, or b) Submit evidence of NB-369 accreditation DLLR-Safety Inspection Unit 8/23/2010 HB-85 28

IV. Existing Law, Regs & Policy D. COMMISSIONED BOILER INSPECTOR SHALL 1. Maintain his commission a) Remain employed by AIA b) Remain commissioned by NB c) Keep informed about Maryland BPV Law & Regs DLLR-Safety Inspection Unit 8/23/2010 HB-85 29

IV. Existing Law, Regs & Policy E. ENFORCEMENT 1. COMMISSIONER MAY assess a civil penalty a) AIA (Insurer and Non-Insurer) b) Commissioned Inspector c) Installer d) Owner e) User 2. STATES ATTORNEY may prosecute as a misdemeanor DLLR-Safety Inspection Unit 8/23/2010 HB-85 30

OUTLINE I. References II. Overview Of The Program III. HB-85 in a Nutshell IV. Existing Law, Regs & Policy V. The Process VI. Frequently Asked Questions DLLR-Safety Inspection Unit 8/23/2010 HB-85 31

V. The Process A. Owner 1. About 90 days before your inspection due date, you will receive a reminder notice from the State. Included will be a reregistration form. a) At least 60 days before the inspection due date, contract with an AIA to perform your inspections before the inspection due date. b) At least 30 days before the inspection due date, complete and return the re-registration form DLLR-Safety Inspection Unit 8/23/2010 HB-85 32

V. The Process A. Owner 2. Prepare your object and its documents for inspection to be ready on the inspection day. It may take several days to prepare. DLLR-Safety Inspection Unit 8/23/2010 HB-85 33

V. The Process A. Owner 3. On the inspection day, cooperate with the inspector and receive from him an inspection report which you both have signed. DLLR-Safety Inspection Unit 8/23/2010 HB-85 34

V. The Process A. Owner 4. Within the time allowed by the inspector, abate each non-conformance, if any, noted by the inspector. 5. Schedule and complete the followup inspection to verify compliance. DLLR-Safety Inspection Unit 8/23/2010 HB-85 35

V. The Process A. Owner 6. Expect to receive your Certificate of Inspection within 14 days after it is successfully received by the State's database manager. DLLR-Safety Inspection Unit 8/23/2010 HB-85 36

V. The Process A. Owner 7. If State does not receive inspection report from AIA, then 45 days after inspection due date, you will receive a reminder from the State. 8. If State does not receive inspection report from AIA, then 60 days after inspection due date, you will receive a citation with penalty from the Commissioner. DLLR-Safety Inspection Unit 8/23/2010 HB-85 37

V. The Process B. AIA (Insurer and Non-insurer) 1. Obtain accreditation from the National Board as an In-Service Inspection Agency in accordance with the NB-369 document 2. After NB accreditation, apply for Maryland commissions as Special Inspectors for your employees. DLLR-Safety Inspection Unit 8/23/2010 HB-85 38

V. The Process B. AIA (Insurer and Non-insurer) 3. Contract with your customer to perform a certificate inspection of a BPV. 4. Perform the certificate inspection. 5. Perform a followup inspection to verify compliance for each non-conformance noted. 6. Submit the each inspection report within 30 days of the inspection date. DLLR-Safety Inspection Unit 8/23/2010 HB-85 39

V. The Process C. AIA (Non-insurer) 1. Contract ONLY with a customer which IS NOT INSURED. DLLR-Safety Inspection Unit 8/23/2010 HB-85 40

V. The Process D. Installer 1. Notify in writing at least 30 days prior to installation. a) Complete the "Notice of Installation Form". b) Fax, snail mail or email. DLLR-Safety Inspection Unit 8/23/2010 HB-85 41

V. The Process D. Installer 2. CSD-1 is enforced. Present the completed Appendix C (CG-500) to the owner and the inspector. 3. Coordinate with owner's AIA for first inspection. 4. After first inspection is satisfactory and accepted by State, coordinate with BIU for State's Initial Inspection. DLLR-Safety Inspection Unit 8/23/2010 HB-85 42

V. The Process D. Installer 5. Object may be tested, but SHALL NOT be operated without a Certificate of Inspection. 6. NOTE: Maryland Boiler Law and Regs do NOT recognize International Mechanical Code. See COMAR. DLLR-Safety Inspection Unit 8/23/2010 HB-85 43

OUTLINE I. References II. Overview Of The Program III. HB-85 in a Nutshell IV. Existing Law, Regs & Policy V. The Process VI. Frequently Asked Questions DLLR-Safety Inspection Unit 8/23/2010 HB-85 44

VI. Frequently Asked Questions A. When does this change occur? 1. Friday 10/1/2010 DLLR-Safety Inspection Unit 8/23/2010 HB-85 45

VI. Frequently Asked Questions B. Where can I find list of AIAs? 1. Link from Boiler Inspection Unit website 2. www. dllr. maryland. gov/labor/safety/boil. sh tml DLLR-Safety Inspection Unit 8/23/2010 HB-85 46

VI. Frequently Asked Questions C. How do I become an Inspector? 1. An in-service Authorized Inspection Agency: a) is accredited in accordance with NB-369 by the National Board of Boiler and Pressure Vessel Inspectors (NB) ( http: //www. nationalboard. org/ ), and DLLR-Safety Inspection Unit 8/23/2010 HB-85 47

VI. Frequently Asked Questions C. How do I become an Inspector? 1. An in-service Authorized Inspection Agency: b) employs inspectors who are: (1) commissioned by the National Board, and (2) commissioned by the Maryland DLLR Commissioner of Labor and Industry in accordance with Annotated Code of Maryland, Public Safety Article, 12 -907, and DLLR-Safety Inspection Unit 8/23/2010 HB-85 48

VI. Frequently Asked Questions C. How do I become an Inspector? 1. An in-service Authorized Inspection Agency: c) complies with the (1) Annotated Code of Maryland, Public Safety Article, Title 12, Subtitle 9 and (2) Code of Maryland Regulations (COMAR), Public Safety Article, Title 9, Subtitle 12. DLLR-Safety Inspection Unit 8/23/2010 HB-85 49

VI. Frequently Asked Questions D. Are churches (schools, State, etc) exempt? 1. All pressure retaining items in Maryland are under the jurisdiction of the Commissioner of Labor and Industry unless specifically exempted. DLLR-Safety Inspection Unit 8/23/2010 HB-85 50

VI. Frequently Asked Questions D. Are churches (schools, State, etc) exempt? 2. Those exemptions are listed in the Annotated Code of Maryland, Public Safety Article Title 12, Subtitle 9. 3. You can read the Annotated Code of Maryland at http: //michie. lexisnexis. com/maryland/lpex t. dll? f=templates&fn=main-h. htm&cp DLLR-Safety Inspection Unit 8/23/2010 HB-85 51

VI. Frequently Asked Questions D. Are churches (schools, State, etc) exempt? 4. Locations which are NOT exempt include a) hotels, b) apartments and condos with 6 or more units, c) churches, d) schools, e) State and Local government facilities, f) public utilities (e. g. , water treatment plants), g) outside equipment, etc. DLLR-Safety Inspection Unit 8/23/2010 HB-85 52

VI. Frequently Asked Questions E. What will be the fee the owner has to pay to the AIA? 1. The terms of the contract (including fees) between you and your Authorized Inspection Agency will be determined by your agreement. DLLR-Safety Inspection Unit 8/23/2010 HB-85 53

VI. Frequently Asked Questions F. If the BPVs are insured and the insurer performs the safety inspection, 1. does the owner still have to hire an AIA inspector to issue a certificate as well a) No, if the "insurer" is an AIA. 2. or will the insurers inspection be adequate? a) Yes, if the "insurer" is an AIA. DLLR-Safety Inspection Unit 8/23/2010 HB-85 54

VI. Frequently Asked Questions G. Is the inspection done by my service company OK? 1. No. A Certificate of Inspection can be issued ONLY IF the inspector is commissioned and employed by an AIA. DLLR-Safety Inspection Unit 8/23/2010 HB-85 55

VI. Frequently Asked Questions H. Does my (water heater, air tank, autoclave) need an inspection? 1. Probably yes, if energy can be added to a substance in an enclosed container. 2. If in doubt, have an AIA inspector determine applicability of the law to your facility. DLLR-Safety Inspection Unit 8/23/2010 HB-85 56

VI. Frequently Asked Questions I. What is the definition of a boiler? 1. Definitions of boilers and pressure vessels appear in the Annotated Code of Maryland, Public Safety Article, Title 12, Subtitle 9. There are links to this document on the Boiler Inspection webpage ( http: //www. dllr. maryland. gov/labor/safety/b oil. shtml ). Consult your AIA for clarification and application to your facility. DLLR-Safety Inspection Unit 8/23/2010 HB-85 57

VI. Frequently Asked Questions J. How frequently must my objects be inspected? 1. 12 months for "high energy" object such as a high pressure boiler. 2. 24 months for a "low energy" object such as air receivers and most heating boilers 3. 12 months for BPV part of an amusement attraction 4. See Law 12 -909 and Comar 09. 12. 01. 14 DLLR-Safety Inspection Unit 8/23/2010 HB-85 58

VI. Frequently Asked Questions K. Who makes these rules? 1. This change in LAW was made by 2010 State legislators. 2. REGULATIONS are adopted by the Commissioner working in cooperation with the Board of Boiler Rules. 3. The Maryland Register publicizes a) Regulations proposed by the Commissioner b) Meetings of the Board. DLLR-Safety Inspection Unit 8/23/2010 HB-85 59

VI. Frequently Asked Questions L. Will owners receive advanced notice in the mail that they are due for a periodic inspection? 1. Yes, that is the plan DLLR-Safety Inspection Unit 8/23/2010 HB-85 60

VI. Frequently Asked Questions M. How much advanced notice will and owner receive? 1. 90 days prior to the inspection due date. DLLR-Safety Inspection Unit 8/23/2010 HB-85 61

VI. Frequently Asked Questions N. Questions from the audience. DLLR-Safety Inspection Unit 8/23/2010 HB-85 62

HB-85 Presentation for BPV Stakeholders Karl Kraft Chief Boiler Inspector 1100 N Eutaw St Baltimore MD 21201 Staff: 410 -767 -2330 Chief: 410 -767 -2333 kkraft@dllr. state. md. us DLLR-Safety Inspection Unit 8/23/2010 HB-85 63