§ 95-69.10. Application of Article; exemptions.
§ 95‑69.10. Applicationof Article; exemptions.
(a) This Article shallapply to all boilers and pressure vessels constructed, used, or designed foroperation in this State including all new and existing installations which areoperated in connection with business buildings, institutional buildings,industrial buildings, assembly buildings, educational buildings, publicresidential buildings, recreation buildings, other public buildings, and watersupplies. This Article shall also apply to boilers and hot water supply tanks,and heaters located in hotels, motels, tourist courts, camps, cottages, resortlodges, and similar places whenever the owner or operator advertises in anymanner for transit patronage, or solicits such business for temporary abode bytransit patrons.
(b) This Article shallnot apply to:
(1) Boilers and pressurevessels owned or operated by the federal government, unless the agency inquestion has asked for coverage by this Article.
(2) Pressure vesselsused for transportation or storage of compressed gases when constructed incompliance with the specifications of the United States Department ofTransportation and when charged with gas marked, maintained, and periodicallyrequalified for use, as required by appropriate regulations of the UnitedStates Department of Transportation.
(3) Portable pressurevessels used for agricultural purposes only or for pumping or drilling in anopen field for water, gas or coal, gold, talc, or other minerals and metals.
(4) Boilers and pressurevessels which are located in private residences or in apartment houses of lessthan six families.
(5) Repealed by SessionLaws 2007‑231, s. 1, effective July 18, 2007.
(6) Air tanks located onvehicles licensed under the rules and regulations of other state authoritiesoperating under rules and regulations substantially similar to those of thisState and used for carrying passengers or freight within interstate commerce.
(7) Air tanks installedon right‑of‑way of railroads and used directly in the operation oftrains.
(8) Any of the followingpressure vessels that do not exceed the listed limitations if the vessel is notequipped with a quick actuating closure:
a. Five cubic feet involume and 250 psig.
b. Three cubic feet involume and 350 psig.
c. One and one‑halfcubic feet in volume and 600 psig.
d. An inside diameterof six inches with no limitation on pressure.
(9) Pressure vesselsoperating at a working pressure not exceeding 15 psig.
(10) Pressure vessels witha nominal water capacity not exceeding 120 gallons and containing water underpressure at temperatures not exceeding 120° F, including those containing air,the compression of which serves as a cushion.
(11) Boilers and pressurevessels on railroad steam locomotives that are subject to federal railwaysafety regulations pursuant to 49 C.F.R. § 230.
(12) Repealed by SessionLaws 1985, c. 620, s. 2.
(13) Coil‑type hotwater supply boilers, generally referred to as steam jennies, where the watercan flash into steam when released directly to the atmosphere through amanually operated nozzle and where adequate safety relief valves and controlsare installed on them, provided none of the following limitations are exceeded:
a. There is no drum,header, or other steam space.
b. No steam isgenerated within the coil.
c. Maximum 1 inch tubesize.
d. Maximum ¾ inchnominal pipe size.
e. Maximum 6 gallonnominal water storage capacity.
f. Water temperatureof 350°F.
(14) Pressure vesselscontaining water at a temperature not exceeding 110 degrees fahrenheit exceptthat this provision shall not exclude hydropneumatic pressure vessels fromregulation.
(15) An air tank that doesnot exceed eight cubic feet in volume that is installed on a service vehicle.
(16) Autoclaves in medicaloffices and hospitals that are less than five cubic feet in volume, even ifthey are equipped with a quick actuating closure.
(17) Coil‑type hotwater supply boilers of the instantaneous type where adequate safety reliefvalves and controls are installed if none of the following limitations areexceeded:
a. There is no drum,header, or other steam space.
b. No steam isgenerated within the coil.
c. Maximum one‑inchtube size.
d. Maximum three‑quarter‑inchnominal pipe size.
e. Maximum six‑gallonnominal water storage capacity.
f. Water temperaturenot to exceed 250°F.
g. Maximum heat inputdoes not exceed 400,000 Btu/hr or 110 kW.
h. Maximum pressure of260 psig.
(18) Toy boilers, if allof the following apply:
a. The water containingvolume of the boiler is less than one quart.
b. The operating pressuredoes not exceed 15 psig.
c. The maximum outsidediameter of the shell is no greater than six inches.
d. The boiler ismanually fired by solid fuels.
(19) Pressure vesselsassociated with electrical apparatus in electrical switchyards if the pressurevessels have proper pressure relief devices.
(20) Carbon dioxide tanksused in beverage dispensing service.
(c) The constructionand inspection requirements established by the Department of Labor shall notapply to hot water supply boilers which are directly fired with oil, gas orelectricity, or hot water supply tanks heated by steam or any other indirectmeans, which do not exceed any of the following limitations:
(1) Heat input of200,000 Btu/hr or 58.6 kW.
(2) Repealed by SessionLaws 2005‑453, s. 2.
(3) Nominal watercapacity of 120 gallons.
provided that they are equippedwith ASME Code and National Board certified safety relief valves.
(d) The constructionrequirements established by the Department of Labor shall not apply to pressurevessels installed in this State prior to December 31, 1981, that:
(1) Are of one‑piece,unwelded, forged construction;
(2) Are constructedbefore January 1, 1981, and operating or could be operated, under the laws ofany state or Canadian Province that has adopted one or more sections of theASME Code;
(3) Are transferred intothis State without a change of ownership; and
(4) Are determined bythe Chief Inspector to be constructed under standards substantially equivalentto those established by the department at the time of transfer;
provided that they are equippedwith ASME Code and National Board certified safety relief valves.
(e) The constructionrequirements established by the Department of Labor shall not apply to pressurevessels installed in this State prior to December 31, 1984, that:
(1) Are manufacturedfrom gray iron casting material, as specified by the American Society forTesting and Materials, (ASTM) 48‑60T/30;
(2) Are constructedbefore December 31, 1967, and operating or could be operated, under the laws ofany state or Canadian Province that has adopted one or more sections of theASME Boiler and Pressure Vessel Code;
(3) Are transferred intothis State without a change of ownership; and
(4) Are determined bythe Chief Inspector to be constructed under standards substantially equivalentto those established by the department at the time of transfer;
provided that they are equippedwith ASME Code and National Board certified safety relief valves.
(f) The constructionrequirements established by the Department of Labor shall not apply tohydropneumatic tanks installed or operated by a community water system prior toJanuary 1, 1986.
(g) The inspectionrequirements established by the Department of Labor shall not apply to pressurevessels used for transportation or storage of liquefied petroleum gas that aresubject to inspection in accordance with the requirements established by theDepartment of Agriculture and Consumer Services. (1975, c. 895, s. 3; 1979, c.920, ss. 1, 2; 1981, c. 591; 1983, c. 654; 1985, c. 620, ss. 1, 2; c. 629;1993, c. 351, s. 2; 2005‑453, s. 2; 2007‑231, s. 1.)