Haw. Code R. § 12-220-1

Current through August, 2024
Section 12-220-1 - Definitions

As used in this part: "Accident" means any undesired boiler or pressure vessel event that results in personal injury or property damage. This does not include: events of a routine nature due to the normal operation of a boiler or pressure vessel such as tube leaks, general leakage from the pressure boundary, corrosion, erosion, or other events that are typically associated with maintenance or repair.

"AIA" means:

(1) The department of labor and industrial relations boiler and elevator inspection branch; or

(2) An insurance company which has been licensed or registered by the appropriate authority of the State of Hawaii to write boiler and pressure vessel insurance and provides inspection services of boilers and pressure vessels and pressure systems in this State, and whose inspectors hold a valid commission issued by the National Board, and possess a valid State of Hawaii certificate of competency. The insurance company shall be accredited by the National Board in accordance with NB-369, Accreditation of Authorized Inspection Agencies (AIA) Performing Inservice Inspection Activities.

"Alteration" means a change in the item described on the original manufacturer's data report that affects the pressure containing capability of the pressure retaining item. Nonphysical changes such as an increase in the maximum allowable working pressure {internal or external), increase in design temperature, or a reduction in minimum temperature of a pressure retaining item shall be considered an alteration.

"ANSI" means the American National Standards Institute.

"Appeals board" means the department of labor and industrial relations, labor and industrial relations appeals board.

"API" means the American Petroleum Institute.

"API-510" means the American Petroleum Institute Pressure Vessel Inspection Code: In-service Inspection, Rating, Repair, and Alteration.

"Application" means a written or electronic request for approval required by law to be obtained prior to the installation, operation, or repair or alteration of a pressure retaining item.

"Approved" means approved by the department.

"Appurtenance" means a device installed on and used in the normal operation of a boiler or pressure vessel.

"ASME" means the American Society of Mechanical Engineers.

"ASME B31.1" means the American Society of Mechanical Engineers Power Piping, as adopted and incorporated by reference in section 12-220-1.1.

"ASME BPVC" means the American Society of Mechanical Engineers Boiler and Pressure Vessel Code, as adopted and incorporated by reference in section 12-220-1.1.

"ASME CSD-1" means the American Society of Mechanical Engineers Controls and Safety Devices for Automatically Fired Boilers, as adopted and incorporated by reference in section 12-220-1.1.

"ASME PVHO 1" means the American Society of Mechanical Engineers, Safety Standards for Pressure Vessels for Human Occupancy, as adopted and incorporated by reference in section 12-220-1.1.

"ASME PVHO 2" means the American Society of Mechanical Engineers Safety Standard for Pressure Vessels for Human Occupancy: In-Service Guidelines, as adopted and incorporated by reference in section 12-220-1.1.

"Attorney general" means the attorney general of the State of Hawaii or any of the deputy attorneys general.

"Authorized inspection agency" means the same as AIA.

"Boiler" means a closed vessel in which water or other liquid is heated, steam or vapor is generated, steam or vapor is superheated, or any combination thereof, under pressure for use external to itself, by the direct application of energy from the combustion of fuels, electricity, or solar energy. The term boiler also shall include the apparatus used to generate heat and all controls and safety devices associated with the apparatus or the closed vessel.

"Boiler external piping" or "BEP" means all piping and components connected to a power boiler as defined in ASME B31.1 and ASME BPVC Section I Power Boilers.

"Certificate of competency" means a certificate issued to a person who has passed the examination prescribed by the director.

"Chief boiler inspector" means the appointed chief boiler and pressure vessel inspector in the jurisdiction charged with the enforcement of laws pertaining to the inspection of boilers and pressure vessels. The chief boiler inspector represents the jurisdiction as the voting member of the National Board and serves as an ASME Conference Committee member.

"Commission" means the commission issued by the National Board.

"Condemned boiler or pressure vessel" means a boiler or pressure vessel that has been inspected and declared unsafe or disqualified by legal requirements by an inspector and a stamping or marking designating its condemnation has been applied by the inspector.

"Contractor" means any person, firm, or corporation installing, repairing, or servicing and responsible for the safe operation of any pressure retaining item subject to chapter 397, HRS.

"Department" or "DLIR" means the department of labor and industrial relations. State of Hawaii.

"Director" means the director of the department of labor and industrial relations or the director's agent.

"Discrepancy" means the nonconformance of an item, unit, or part to a code, standard, or rule required by part 10 of this subtitle.

"Division" means the Hawaii occupational safety and health division, department of labor and industrial relations.

"Electric boiler" means a power boiler or heating boiler in which the source of heat is electricity.

"Existing installation" means any boiler or pressure vessel constructed, installed, placed in operation, or contracted for before the effective date of these rules.

"Factor of safety" is the number by which a given permissible force, or load, value can be multiplied before the boiler or pressure vessel reaches its ultimate design strength value.

"Fired" means the application of heat from the combustion of gaseous, liquid, or solid fuels; or from electricity; which includes direct or indirect fired provided that:

(1) "Direct" means the primary application of heat.

(2) "Indirect" means other than the primary application of heat.

"Fuel" means any matter consumed to produce heat.

"Hawaii Revised Statutes" or "HRS" means laws enacted by the Hawaii State Legislature.

"Heat" means thermal energy in transition by radiation, conduction, convection, or any combination of these.

"Heat recovery steam generator" means a vessel or system of vessels comprising one or more heat exchanger surfaces used for the recovery of waste heat. It produces steam that can be used in a process (cogeneration) or used to drive a steam turbine (combined cycle).

"Heating boilers" means steam heating boilers, hot-water heating boilers, hot-water supply boilers, and potable water heaters.

"High-temperature water boiler" means a power boiler in which water is heated and operates at a pressure more than 160 psig or temperatures more than 250 degrees Fahrenheit, and has the ASME Code symbol stamp or ASME certification mark with the designator 'S".

"Hot-water heating boiler" means a hot water boiler installed to operate at pressures not exceeding 160 psig or at a temperature not exceeding 250 degrees Fahrenheit, at or near the boiler outlet, and that has the ASME Code symbol stamp or ASME certification mark with the designator "H".

"Hot-water supply boiler" means a boiler that furnishes hot water to be used externally to itself at a pressure not exceeding 160 psig or at a temperature less than or equal to 250 degrees Fahrenheit at or near the boiler outlet, and that has the ASME Code symbol stamp or ASME certification mark with the designator "H".

"Hydrostatic test" means a liquid pressure test which is conducted using water as the test medium.

"Inspector" means a qualified boiler inspector, including the chief boiler inspector, deputy boiler inspector, special inspector, or owner-user inspector holding a valid certificate of competency issued by the department, who has satisfied the requirements established by the department and has a valid National Board commission:

(1) "Chief boiler inspector" means the appointed chief boiler and pressure vessel inspector;

(2) "Deputy boiler inspector" means any boiler inspector employed by the department;

(3) "Special inspector" means any inspector who is. regularly employed by an insurance company which has been licensed or registered by the appropriate authority of the State of Hawaii to write boiler and pressure vessel insurance and provide inspection services of pressure retaining items in this State; and

(4) "Owner-user inspector" means an inspector who is regularly employed as an inspector by an owner-user inspection organization.

"Jurisdiction" means the State of Hawaii.

"Lined potable water heater" means a water heater with a corrosion resistant lining used to supply potable hot water.

"May" means permissive.

"Miniature boiler" means a power boiler or high temperature water boiler which does not exceed any one of these limits:

(1) Sixteen inches (16) inside diameter of shell;

(2) Twenty (20) square feet heating surface (not applicable to electric boilers);

(3) Five (5) cubic feet gross volume exclusive of casing and insulation; and

(4) One hundred (100) psig maximum allowable working pressure.

"National Board" or "NB" means the National Board of Boiler and Pressure Vessel Inspectors.

"National Board Inspection Code" or "NBIC" means the National Board Inspection Code as adopted and incorporated by reference in section 12-220-1.1.

"NB-263, RCI-1" means the National Board Rules for Commissioned Inspectors.

"NB-264" means the National Board Criteria for Registration.

"NB-369" means the National Board Accreditation of Authorized Inspection Agencies (AIA) Performing Inservice Inspection Activities.

"NB-371" means the National Board Accreditation of Owner-User Inspection Organizations (OUIO).

"NB-381" means the National Board Quality Program for Inspection Organizations.

"NBEP" means non-boiler external piping that refers to all piping and components connected downstream of the boiler external piping as defined, in ASME B31.1.

"NBEP certificate" means a certificate issued by the department to a company that is qualified to design, fabricate, install, repair, or alter non-boiler external piping. A company that applies for a NBEP authorization without a valid ASME certificate of authorization with a 'S", "A", or "pp" designator, or a valid NB "R" certificate of authorization, may be issued a certificate limited in scope of work to a MAWP of 150 psi or less, and a pipe size to three (3) inches in diameter or less. The provisions of ASME B31.1 shall apply, including the quality control requirements in Mandatory Appendix J.

"NBIC" means the National Boiler Inspection Code, as adopted and incorporated by reference in section 12-220-1.1.

"New boiler or pressure vessel installation" means all boilers or pressure vessels constructed, installed, placed in operation, or contracted for after the effective date of these rules.

"NFPA" means the National Fire Protection Association.

"NFPA 31" means the National Fire Protection Association Standard for the Installation of Oil-Burning Equipment.

"NFPA 54, ANSI Z223.1" means the National Fire Protection Association National Fuel Gas Code.

"NFPA 58" means the National Fire Protection Association Liquefied Petroleum Gas Code.

"NFPA 70" means the National Fire Protection Association National Electrical Code, as adopted and incorporated by reference in section 12-220-1.1.

"NFPA 85" means the National Fire Protection Association Boiler and Combustion Systems Hazards Code, as adopted and incorporated by reference in section 12-220-1.1.

"Non-code water heater" means a closed vessel in which water is heated by the combustion of fuels or by electricity, or by any other source, and withdrawn for use external to the system and not exceeding the following: 160 psig, volume capacity of less than 120 gallons, or a heat input of 200,000 Btu per hour. It shall include all controls and devices necessary to prevent water temperature from exceeding 210 degrees Fahrenheit.

"Nonstandard or non-code" means a pressure retaining item that does not bear the ASME BPVC symbol or ASME certification mark with the appropriate designator and National Board stamping.

"NPS" means nominal pipe size.

"Operating permit" or "certificate of inspection" means a permit issued by the department authorizing the operation of a pressure retaining item.

"Order" means a command to perform a mandatory act issued by the department.

"Owner" means any person, firm, entity, or corporation with legal title to any pressure retaining item subject to chapter 397, HRS, who may or may not be the user.

"Owner-user inspection organization" or "OUIO" means an owner or user of pressure retaining items, whose organization and inspection procedures meet the requirements of NB-371, and is acceptable to the jurisdiction.

"Permit inspection" means an inspection, the report of which is used by the department as justification for issuing, withholding, or revoking the operating permit which includes internal and external inspections.

(1) "Internal inspection" means as complete an examination as can reasonably be made to the internal and external surfaces of a boiler or pressure vessel while it is shut down, and manhole plates or handhole covers, or other inspection opening closures, are removed as required by the inspector.

(2) "External inspection" means an inspection made when a boiler or pressure vessel is in operation, when the controls, safety devices, and pressure containing components are examined.

"Pool heater" means a boiler in which no steam is generated, from which hot water is circulated to a swimming pool, hot tub, or spa, and returned to the boiler, and operates at a pressure not exceeding 160 psig, or a temperature not exceeding 250 degrees Fahrenheit.

"Portable boiler" means a boiler that is primarily intended to be conveyable and can be readily moved from one location to another.

"Power boiler" means a boiler in which steam or other vapor is generated at a pressure in excess of fifteen (15) psig for use external to itself and includes fired units for vaporizing liquids other than water, but does not include fired process heaters and systems (see also high-temperature water boiler), and has the ASME Code symbol stamp or ASME certification mark with designators 'S", "M", or "E".

"Pressure piping" means piping systems specified in ASME B31.1.

"Pressure retaining item" means boiler, pressure vessel, or pressure system.

"Pressure system" means a system composed of unfired pressure vessels and piping components for liquid or vapor distribution at a pressure of more than fifteen (15) psi or a temperature more than 250 degrees Fahrenheit, or both, that includes, but is not limited to, a bank of pressure vessels, including those of a size that does not require permits, and are connected with or without any intervening valves.

"Pressure vessel" means a closed vessel in which the pressure is obtained from an external source, or by the application of heat from either an indirect or direct source, other than those vessels defined as boilers in this section, which includes fired and unfired pressure vessels.

(1) "Fired pressure vessel" means a closed vessel in which fluid is heated or steam is generated for use within itself by the direct or indirect application of heat.

(2) "Unfired pressure vessel" means a closed vessel in which pressure is obtained from an external source.

"Psi" means pounds per square inch.

"Psig" means pounds per square inch gage.

"Reinstalled boiler or pressure vessel" means a boiler or pressure vessel removed from its original site and reinstalled at the same location or at a new location.

"Relief valve" means an automatic pressure relieving device, used primarily for liquid service, actuated by the static pressure upstream of the valve that opens further with the increase in pressure over the opening pressure.

"Repair" means the work necessary to restore a boiler or pressure vessel to a safe and satisfactory-operating condition, provided there is no deviation from the original design.

"Safety relief valve" means an automatic, pressure-actuated relieving device suitable for use either as a safety valve or relief valve depending on the application.

"Safety valve" means an automatic pressure relieving device, used for gas or vapor service, actuated by the static pressure upstream of the valve, and characterized by full-opening pop action.

"School" means an institution of learning, which includes preschools, elementary schools, intermediate or middle schools, high schools, technical schools, trade schools, and colleges and universities.

"Second-hand boiler or pressure vessel" or "used boiler or pressure vessel" means a boiler or pressure vessel that has changed both location and ownership since its primary use.

"Shall" means mandatory.

"Standard pressure retaining item" means a pressure retaining item which bears both the ASME Code symbol or ASME certification mark and National Board number.

"State special" means any non-code or nonstandard pressure retaining item, including water heaters and kettles, which contain steam, hot water, or air greater than fifteen (15) psi, and are located or installed on school property.

"Steam heating boiler" means a steam boiler for operation at pressures not exceeding fifteen (15) psig, and has the ASME Code symbol stamp or ASME certification mark with designator "H".

"Thermal fluid boiler" means a fluid heater intended for heating a fluid for circulation externally to itself for energy transfer.

"Unfired" means the application of pressure or heat that is obtained from an external source.

"User" means any person, firm, entity, or corporation legally in possession and responsible for the safe operation of any pressure retaining item subject to chapter 397, HRS.

"Vendor" means any person, firm, entity, or corporation that sells or distributes any pressure retaining item subject to chapter 397, HRS.

"Violation" means nonconformance of an item, unit, or part to codes, standards, or rules required by this subtitle.

"Welding documentation" means the welding procedure specifications, procedure qualification records, records of welder or welding operator performance qualification, welder's continuity log, and reports of welded repairs or alterations.

Haw. Code R. § 12-220-1

[Eff 12/6/82; am 12/19/83 am 12/8/86; am and comp 12/6/90; am 7/6/98; am 6/19/00; am NOV 18 2012] (Auth: HRS § 397-4) (Imp: HRS § 397-4)
Am and comp 12/21/2019