A. Minimum Construction Standards for Boilers 1. All new boilers installed and operated in South Carolina, unless otherwise exempted, shall be designed and constructed in accordance with the ASME Code or a nationally recognized Code of Construction accepted by South Carolina. All new boilers installed in South Carolina shall be marked in accordance with the Code of Construction and shall be registered in accordance with NB-264, Criteria for Registration of Boilers, Pressure Vessels and Other Pressure-Retaining Items, or listed in accordance with NB-265, Criteria for Listing of Boilers, Pressure Vessels and Other Pressure-Retaining Items Not Registered with the National Board. Pressure-relieving devices shall be constructed to the ASME Code and certified by the National Board in accordance with NB-500, Criteria for Certification of Pressure Relief Devices. Copies of registration or listing documents shall be provided to the chief boiler administrator when requested.2. State Special - a boiler that is of special design and construction where the owner has demonstrated that the special design and construction will provide an equivalent degree of safety to that of conformance with these regulations.3. An application for permission to install a second hand boiler shall be filed before the owner or user installs the boiler with the chief boiler administrator and his/her approval obtained.B. Frequency of Inspections of Boilers1. Except as permitted in (a.) below, power boilers and high-temperature water boilers shall receive an inspection annually which shall be an internal inspection where construction permits; otherwise, it shall be as complete an inspection as possible. Such boilers shall also be inspected externally annually while under normal operating conditions.a. Alternative internal inspection requirements:i. Fully attended power boilers and high-temperature boilers are extended to thirty-six (36) months provided that the following requirements are met: (a) Continuous boiler water treatment under the direct supervision of persons trained and experienced in water treatment for the purpose of controlling and limiting corrosion and deposits.(b) Record-keeping available for review, showing:(1) The date and time the boiler is out of service and the reason therefore.(2) Daily analysis of water samples that adequately show the conditions of the water and elements or characteristics that are capable of producing corrosion or other deterioration to the boiler or its parts.(c) Controls, safety devices, instrumentation, and other equipment necessary for safe operation are up-to-date, in service, calibrated, and meet the requirements of an appropriate safety code for that size boilers, such as NFPA 85, ASME CSD-1 Controls and Safety Devices for Automatically Fired Boilers, National Board Inspection Code ANSI/NB-23, jurisdictional requirements, and are not compromised.2. Low-pressure boilers, water heaters, and hot water storage tanks covered by these rules and regulations shall receive an inspection biennially.a. Steam or vapor boilers shall have an external inspection and an internal inspection every two years where construction permits;b. Hot water heating and hot water supply boilers shall have an external inspection biennially and, where construction permits, an internal inspection at the discretion of the inspector;c. Water heaters, including hot water storage tanks, shall have an external inspection every two years, which shall include the function of all controls and devices.3. Based upon documentation of actual service conditions by the owner or user of the operating equipment, the Department of Labor, Licensing and Regulation may, in its discretion, permit variations in the inspection frequency requirements as provided in the Act.4. Historical boilers, defined as steam boilers of riveted construction, preserved, restored, or maintained for hobby or demonstration use, shall be subjected to an initial inspection followed by an inspection every three (3) years thereafter if stored inside a shelter and annually if stored outdoors. The initial inspection shall include ultrasonic thickness testing of all pressure boundaries. All thinned areas shall be monitored and recorded on the inspection report.C. Notification of Inspection 1. Inspections shall be carried out at a time mutually agreeable to the inspector and owner or user.2. The inspector may perform external inspections during reasonable hours and without prior notification.3. When, as a result of external inspection or determination by other objective means, it is the inspector's opinion that continued operation of the boiler constitutes a menace to public safety, the inspector may request an internal inspection or an appropriate pressure test, or both, to evaluate conditions. In such instances, the owner or user shall prepare the boiler, pressure vessel or nuclear system for such inspections or tests as the inspector may designate.D. Examination for a Special Inspector's Certificate1. An applicant for certification as a special inspector shall have qualifications as required by S.C. Code Section 41-14-80. Examination may be taken at any site approved by the National Board of Boiler and Pressure Vessel Inspectors.2. The request for certification as a Special Inspector shall be completed on forms to be provided by the Department.3. Each Special Inspector's certificate shall remain in effect until cancelled by the Department so long as the national commission (or other underlying state commission) is current. Failure to respond to a request for commission information shall result in immediate cancellation of the certificate.E. Conflict of Interest An inspector shall not engage in the sale of any services, article or device relating to boilers, pressure vessels, or their appurtenances.
F. Initial Inspection Reports to be Submitted by Special Inspectors or by the insurer: 1. Special Inspectors or the insurer shall submit an initial inspection report on a form approved by the department (or on a Form NB-5). The owner must have a special inspector or insurer submit this report within one year of the effective date of these rules and regulations.2. Inspection reports shall be submitted within 30 days from date of completion of the inspection.3. The Special Inspector or insurer shall forward a copy of the inspection report to the boiler user location within 30 days from the date of inspection. If the boiler fails the inspection, the Special Inspector or insurer shall submit a report to the boiler user location within 10 days of the inspection.4. To initially register the boiler, the Special Inspector or insurer shall affix a department issued boiler registration number. The registration number shall be placed in a conspicuous position and visible to any inspector.G. Special Inspectors to Notify Chief Boiler Administrator of Unsafe Boilers If a special inspector finds a boiler to be unsafe for further operation, the special inspector shall promptly notify the owner or user, stating what repairs or other corrective measures are required to bring the object into compliance with these rules and regulations. Unless the owner or user makes such repairs or adopts such other corrective measures promptly, the special inspector shall immediately notify the chief boiler administrator who may issue a written order for the temporary cessation of operation of the boiler. When re-inspection establishes that the necessary repairs have been made or corrective actions have been taken and that the boiler is safe to operate, the chief boiler administrator shall be notified. At that time, the order for temporary cessation of operation will be rescinded.
H. Defective Conditions Disclosed at Time of External Inspection If, upon an external inspection, there is evidence of a leak or crack, sufficient covering of the boiler shall be removed to permit the inspector to satisfactorily determine the safety of the boiler. If the covering cannot be removed at that time, he/she may order the operation of the boiler stopped until such time as the covering can be removed and proper examination made.
I. Owner or User to Notify Chief Boiler Administrator of Accident When an accident occurs to a boiler which results in personal injury to any person or results in the emergency shut-down of the boiler, the owner or user shall promptly notify the chief boiler administrator and submit a detailed report of the accident. In the event of a personal injury or any explosion, notice shall be given immediately by telephone, or accepted means of electronic communication, and neither the boiler nor any parts thereof, shall be removed or disturbed before permission has been given by the Department of Labor, Licensing, and Regulation, except for the purpose of saving human life and limiting consequential damage. If the Department of Labor, Licensing, and Regulation cannot respond within 6 hours, the owner can proceed with repairs, but must document the as found conditions.
J. Filing of Subsequent Inspection Reports 1. If a boiler after inspection is found to be suitable and to conform to these rules and regulations, the owner or user shall file a copy of the inspection report or the certificate of insurance, which contains evidence identifying each boiler that was inspected and approved. Identifying evidence must include the boiler's national number, state number and physical location. This report may be made in an electronic format accepted by South Carolina or may be on a form approved by the department or on a Form NB-6 or 7.2. The owner shall submit a filing fee in the amount of twenty five_dollars per boiler. Checks and money orders for payment of inspection report fees shall be made payable to the Department of Labor, Licensing and Regulation - Boiler Safety Program.K. Stamping/Restamping of Boilers 1. The stamping shall not be concealed by lagging or paint and shall be exposed at all times unless a suitable record is kept of the location of the stamping so that it may be readily uncovered at any time this may be desired.2. When the stamping on a boiler becomes indistinct, the inspector shall instruct the owner or user to have it re-stamped. Request for permission to re-stamp the boiler shall be made to the chief boiler administrator and proof of the original stamping shall accompany the request. The chief boiler administrator may grant such authorization. Re-stamping authorized by the Department of Labor, Licensing and Regulation shall be done only in the presence of a person holding a National Board Commission and shall be identical with the original stamping except for the ASME Code symbol stamp. Notice of completion of such stamping shall be filed with the chief boiler administrator by the inspector who witnessed the stamping on the boiler together with a facsimile of the stamping applied.L. Condemned Boilers Any boiler having been inspected and declared unfit for further service by an inspector shall be stamped by the chief boiler administrator on either side of the South Carolina identification number with the letters "XXX" as shown by the preceding facsimile, which will designate a condemned boiler.
M. Reinstallation of Boilers Moved Outside the Jurisdiction When a standard boiler located within South Carolina is to be moved outside the state for temporary use or for repair, alteration, or modification, application shall be made by the owner or user to the chief boiler administrator for permission to reinstall the boiler in South Carolina. When a nonstandard boiler is removed from South Carolina, it shall not be reinstalled within the state.
N. Installation of Used or Secondhand Boilers Before a used or secondhand boiler may be shipped for installation in South Carolina, an inspector holding a valid National Board commission must make an inspection, and the owner or user of the boiler shall file data submitted by him/her with the chief boiler administrator and with the local building official. Such boilers when installed in South Carolina shall be equipped with fittings and appurtenances that comply with the rules and regulations for new installations.
O. Reinstalled Boilers When a stationary boiler is moved and reinstalled within South Carolina, the attached fittings and appurtenances shall comply with these rules and regulations for new installations.
P. Working Pressure for Existing Installations Any inspector may decrease the working pressure on any existing installation if the condition of the boiler warrants it. If the owner or user does not concur with the inspector's decision, the owner or user may appeal to the Department.
Q. Safety Appliances 1. No person shall attempt to remove or do any work on any safety appliance prescribed by these rules and regulations while the appliance is subject to pressure.2. Should any of these appliances be removed for repair during an outage of a boiler or pressure vessel, they must be reinstalled and in proper working order before the object is again placed in service.3. No person shall alter any safety or safety relief valves or pressure relief devices in any manner to maintain a working pressure in excess of that stated on the report of the boiler or pressure vessel inspection.R. Application of Serial Numbers 1. Upon completion of the installation of a boiler, or at the time of the initial inspection of an existing installation, each boiler shall be identified by a number unique to that item.S. Variations 1. Any person who believes the boiler safety standards promulgated by the Department impose an undue burden upon the owner or user may request a variation from such rule or regulation. The request for variation shall be in writing and shall specify how equivalent safety is to be maintained. The Department, after investigation and such hearing as it may direct, may grant such variation from the terms of any rule or regulation provided such special conditions as may be specified are maintained in order to provide equivalent safety.2. A copy of the application for variation shall be given by the owner or use to affected employees and to the local fire authority, who shall be given adequate opportunity to respond in writing and to appear and offer evidence at any hearing.3. When there is a reason to believe, or upon receipt of a complaint that a variation does not provide freedom from danger equivalent to the published rule or regulation, the Department after notice to the owner or user to the complainant and to the affected employees and the local fire authority and after such hearing and investigation as it may direct, may continue to reaffirm, suspend, revoke, or modify the conditions specified in any variation. No declaration, act, or omission of the Department, chief boiler administrator, or special inspectors, other than a written order authorizing a variation as permitted above, shall be deemed to exempt, either wholly or in part, expressly or implied, any owner or user from full compliance with the terms of any rule or regulation.T. Temporary or Leased Boilers The owner of a leased boiler shall provide to any person who leases it, documentation that the boiler is registered in accordance with NB-264 or 265 and a copy of its most recent inspection report, showing that it has been inspected according to the frequency provided in the act. South Carolina will recognize inspection reports by inspectors with valid commission from other jurisdictions.
S.C. Code Regs. § 71-9102
Added by State Register Volume 30, Issue No. 6, eff June 23, 2006.