Statutes > Illinois Statutes > CHAPTER 430 PUBLIC SAFETY > 430 ILCS 75/ Boiler and Pressure Vessel Safety Act.

430 ILCS 75/ Boiler and Pressure Vessel Safety Act.

    (430 ILCS 75/1) (from Ch. 111 1/2, par. 3201)
    Sec. 1. Citation of Act; application. This Act may be cited as the Boiler and Pressure Vessel Safety Act and, except as otherwise provided, shall apply to fired and unfired steam boilers, hot water boilers, and pressure vessels.
(Source: P.A. 87‑1169.)

    (430 ILCS 75/2) (from Ch. 111 1/2, par. 3202)
    Sec. 2. Board of Boiler and Pressure Vessel Rules.
    (a) There is created within the Office of the State Fire Marshal a Board of Boiler and Pressure Vessel Rules, which shall hereafter be referred to as the Board, consisting of 7 members who shall be appointed to the Board by the Governor, one for a term of one year, 2 for a term of 2 years, 2 for a term of 3 years, and 2 for a term of 4 years. At the expiration of their respective terms of office, they, or their successors identifiable with the same interests respectively as hereinafter provided, shall be appointed for terms of 4 years each. The Governor may at any time remove any member of the Board for inefficiency or neglect of duty in office. Upon the death or incapacity of any member the Governor shall fill the vacancy for the remainder of the vacated term with a representative of the same interests with which his predecessor was identified.
    Of these 7 appointed members, 2 shall be representative of owners and users of boilers and pressure vessels within the State, with one representing owners and users of high pressure boilers and pressure vessels in utilities, manufacturing or processing, who shall be registered in accordance with the Professional Engineering Practice Act of 1989, and one representing the owners and users of low pressure boilers and pressure vessels in commercial buildings, multiple housing or hotels. Of the remaining 5 appointed members, one shall be representative of the boiler manufacturers within the State, one shall be a representative of an insurance company licensed to insure boilers and pressure vessels within the State, one shall be a mechanical engineer registered in accordance with the Professional Engineering Practice Act of 1989, one shall be representative of the boilermakers, and one shall be representative of the practical steam operating engineers.
    (b) The Board shall annually elect one of its members to serve as chairman. The chairman shall appoint a vice‑chairman and secretary to serve the same term as the chairman. At the call of the chairman, the Board shall meet at least 4 times each year at the State Capitol or other place designated by the Board.
    (c) The members of the Board shall serve without salary, but shall receive reimbursement for their actual traveling and hotel expenses incurred while in the performance of their duties as members of the Board in accordance with the State of Illinois Travel Regulations.
    (d) The Board shall formulate definitions, rules and regulations for the safe and proper construction, installation, repair, maintenance, alterations, inspections, use, and operation of boilers and pressure vessels in this State. The definitions, rules, and regulations so formulated shall be based upon, and at all times follow, accepted engineering standards, formulae, and practices pertaining to boiler and pressure vessel construction and safety. The Board shall by resolution adopt published codifications including, but not limited to, The Boiler and Pressure Vessel Code of The American Society of Mechanical Engineers, the National Board of Boiler and Pressure Vessel Inspectors Code, and the Maintenance, Inspection, Rating, Repair, and Alteration of Pressure Vessels Standards of the American Petroleum Institute with the amendments and interpretations thereto made and approved by those organizations, and may likewise adopt the amendments and interpretations subsequently made and published by the same organizations; and when so adopted those Codes shall be deemed incorporated into the definitions, rules and regulations of the Board. Amendments to and interpretations of the Codes so adopted shall be adopted immediately upon being promulgated, to the end that the definitions, rules and regulations shall at all times follow accepted engineering standards.
    (e) The Board shall promulgate rules and regulations for the safe and proper repair, maintenance, alteration, inspection, use, and operation of boilers and pressure vessels which were in use or installed ready for use in this State prior to the date upon which the first rules and regulations under this Act pertaining to existing installations became effective, or during the 12 month period immediately thereafter.
    (f) The rules and regulations formulated by the Board shall have the force and effect of law, except that the rules applying to the construction of new boilers and pressure vessels shall not be construed to prevent the installation thereof until 12 months after approval of the rules in accordance with the Illinois Administrative Procedure Act.
    Rules and regulations of the Board shall become effective as provided therein.
    (g) The Board shall establish fees for examinations, commissions, inspection certificates, inspections, annual statements, shop inspections, and other services.
(Source: P.A. 88‑608, eff. 1‑1‑95; 89‑467, eff. 1‑1‑97.)

    (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 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 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 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 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 shall accept and recognize Special Inspector Commissions issued by the State Fire Marshal.
(Source: P.A. 94‑748, eff. 5‑8‑06.)

    (430 ILCS 75/2b)(from Ch. 111 1/2, par. 3202b)
    Sec. 2b. In addition to its other powers, the Illinois Emergency Management Agency 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. 94‑748, eff. 5‑8‑06.)

    (430 ILCS 75/2.1) (from Ch. 111 1/2, par. 3203)
    Sec. 2.1. Accident reports. The Board shall adopt rules and regulations requiring the reporting of accidents involving boilers and pressure vessels.
(Source: P.A. 87‑1169.)

    (430 ILCS 75/3) (from Ch. 111 1/2, par. 3204)
    Sec. 3. New boilers and pressure vessels. A boiler or pressure vessel that does not conform to the rules and regulations formulated by the Board governing new construction and installation shall not be installed and operated in this State unless the boiler or pressure vessel is of special design or construction and is not inconsistent with the spirit and safety objectives of the rules and regulations, in which case a special installation and operating permit may at its discretion be granted by the Board.
(Source: P.A. 87‑1169.)

    (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 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 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. 94‑748, eff. 5‑8‑06.)

    (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.
    (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.
        (6) 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).
(Source: P.A. 94‑748, eff. 5‑8‑06.)

    (430 ILCS 75/6) (from Ch. 111 1/2, par. 3207)
    Sec. 6. Chief Inspector.
    (a) The State Fire Marshal shall employ a Chief Inspector who has not less than 10 years practical experience in the construction, maintenance, repair, or operation of high pressure boilers and pressure vessels as a mechanical engineer, steam engineer, boilermaker, or boiler inspector and has passed the examination prescribed in Section 9 of this Act.
    (b) The Chief Inspector has the following powers and duties:
        (1) To cause the prosecution of all violators of
     this Act.
        (2) To issue, or to suspend or revoke for cause,
     Inspection Certificates as provided for in Section 11 of this Act.
        (3) To draw upon the State funds necessary to meet
     the expense authorized by this Act, including the necessary traveling expenses of the Chief Inspector and his Deputies and the expenses incident to the maintenance of his office.
        (4) To take action necessary for the enforcement of
     the laws of the State governing the use of boilers and pressure vessels and of the rules and regulations of the Board.
        (5) To keep a complete record of the type,
     dimensions, maximum allowable working pressure, age, condition, location, and date of the last recorded internal inspection of all boilers and the last recorded internal or external inspection of all pressure vessels to which this Act applies.
        (6) To publish and distribute, among manufacturers
     and others requesting them, copies of the rules and regulations adopted by the Board.
(Source: P.A. 87‑1169.)

    (430 ILCS 75/7) (from Ch. 111 1/2, par. 3208)
    Sec. 7. Deputy Inspectors. The Office of the State Fire Marshal shall employ Deputy Inspectors who shall be responsible to the Chief Inspector and who shall have had at time of appointment not less than 5 years practical experience in the construction, maintenance, repair, or operation of high pressure boilers and pressure vessels as a mechanical engineer, steam engineer, boilermaker, or boiler inspector and shall have passed the examination provided for in Section 9 of this Act.
(Source: P.A. 87‑1169.)

    (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, 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 and upon maintenance of the standards imposed by this Act.
    (c) Special Inspectors shall inspect boilers and pressure vessels insured or operated 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 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. 94‑748, eff. 5‑8‑06.)

    (430 ILCS 75/9) (from Ch. 111 1/2, par. 3210)
    Sec. 9. Examinations and commissions.
    (a) Examinations for Chief, Deputy, and Special Inspectors shall be in writing. The Board may utilize an outside testing or service agency for the examination. An applicant who fails to pass the examination may appeal to the Board for another examination which shall be given by the Board within 90 days. The results of an applicant's examination shall be reported to the applicant and the applicant's employer. An examination fee in the amount established by the Board payable to the Office of the State Fire Marshal shall accompany the application.
    A commission issued under the provisions of this Section shall be for a period of one year upon the payment of the fee established by the Board. The commission may be renewed annually upon payment of the fee established by the Board. The fees shall be paid to the Office of the State Fire Marshal.
    (b) A commission may be suspended or revoked by the State Fire Marshal upon the written recommendation by the Chief Inspector. A person whose commission has been suspended or revoked shall be entitled to appeal to the Board as provided in Section 16 of this Act.
    (c) If a certificate or commission is lost or destroyed a new certificate or commission shall be issued in its place without another examination.
(Source: P.A. 89‑467, eff. 1‑1‑97.)

    (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, hot water heating, 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, be either (1) the applicable rules and regulations in the National Board Inspection Code, or (2) the applicable section in the American Petroleum Institute API‑510, "API Recommended Practice for Inspection, Repair, and Rating of Pressure Vessels in Petroleum Refining Service".
        (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. 94‑748, eff. 5‑8‑06.)

    (430 ILCS 75/11)(from Ch. 111 1/2, par. 3212