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CODE OF STATE REGULATIONS 1 Rebecca McDowell Cook (3/31/96) Secretary of State Rules of Department of Public Safety Division 40Division of Fire Safety Chapter 2Boiler and Pressure Vessel Safety Rules Title Page 11 CSR 40-2.010 Definitions .......................................................................................3 11 CSR 40-2.020 Administration...................................................................................5 11 CSR 40-2.030 Existing Installation Power Boilers .........................................................17 11 CSR 40-2.040 Existing Heating Boilers .....................................................................19 11 CSR 40-2.050 Existing Pressure Vessels ....................................................................30 11 CSR 40-2.060 General Requirements ........................................................................30

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CODE OF STATE REGULATIONS 1Rebecca McDowell Cook (3/31/96)Secretary of State

Rules of

Department of Public SafetyDivision 40�Division of Fire Safety

Chapter 2�Boiler and Pressure Vessel Safety Rules

Title Page

11 CSR 40-2.010 Definitions .......................................................................................3

11 CSR 40-2.020 Administration...................................................................................5

11 CSR 40-2.030 Existing Installation Power Boilers.........................................................17

11 CSR 40-2.040 Existing Heating Boilers .....................................................................19

11 CSR 40-2.050 Existing Pressure Vessels ....................................................................30

11 CSR 40-2.060 General Requirements ........................................................................30

Title 11�DEPARTMENT OFPUBLIC SAFETY

Division 40�Division of Fire SafetyChapter 2�Boiler and Pressure Vessel

Safety Rules

11 CSR 40-2.010 Definitions

PURPOSE: This rule formulates defin-itions concerning boilers and pressurevessels in Missouri.

Editor�s Note: The following material isincorporated into this rule by reference:

1) American Society of MechanicalEngineers Code (ASME Code) (New YorkCity: American Society of MechanicalEngineers, 1995).

In accordance with section 536.031(4),RSMo, the full text of material incorporatedby reference will be made available to anyinterested person at the Office of theSecretary of State and the headquarters of theadopting state agency.

(1) Act�The Boiler and Pressure VesselSafety Act which was enacted as sections650.200�650.290, RSMo.

(2) ASME Code�The American Society ofMechanical Engineers (ASME) Boiler andPressure Vessel Code as made, approved andadopted by the Council of the Society andapproved and adopted by the board. Copies ofthe code may be obtained from the society at345 E. 47th Street, New York, NY 10017.

(3) Alteration�A change in any itemdescribed on the original Manufacturers�Data Report which affects the pressure capa-bility of the boiler or pressure vessel.Nonphysical changes such as an increase inthe maximum allowable working pressure(internal or external) or design temperature ofa boiler or pressure vessel shall be consideredan alteration. A reduction in minimum tem-perature such that additional mechanical testsare required shall also be considered an alter-ation.

(4) API-ASME Code�The American Petro-leum Institute (API) in conjunction with theASME Code as used in these rules shall meanthe Code for Unfired Pressure Vessels forPetroleum Liquids and Gases.

(5) Approved�Approved by the Board ofBoiler and Pressure Vessel Rules.

(6) Authorized inspection agency�One (1) ofthe following:

(A) A department, division, or unit, estab-lished by a jurisdiction which has adoptedand does administer one (1) or more sectionsof the ASME Code as a legal requirement andwhose inspectors hold valid commissionsissued by the National Board of Boiler andPressure Vessel Inspectors (NB); and

(B) An insurance company which has beenlicensed or registered by the appropriateauthority of the state of Missouri to write anddoes write boiler and pressure vessel insur-ance and provides inspection service of boil-ers and pressure vessels in the state.

(7) Board�The Board of Boiler and PressureVessel Rules created by the Act and empow-ered to make, alter, amend and interpret rulesfor the safe construction, installation, inspec-tion, alteration and repair of boilers and pres-sure vessels.

(8) Boiler�A pressurized vessel in whichwater is heated, steam is generated, steam issuperheated, or any combination of these,under pressure or vacuum by the direct appli-cation of heat. The term boiler includes firedunits for heating or vaporizing liquids otherthan water where these units are separatefrom processing systems and complete withinthemselves.

(A) Power boiler�A boiler in which steamor other vapor is generated at a pressure ofmore than fifteen pounds per square inch (15psi).

(B) High temperature water boiler�Awater boiler intended for operation at pres-sures in excess of one hundred sixty (160) psiand/or temperatures in excess of two hundredfifty degrees Fahrenheit (250°F).

(C) Heating boiler�A steam or vapor boil-er operating at pressures not exceeding fifteen(15) psi or a hot water boiler operating atpressures not exceeding one hundred sixty(160) psi or temperatures not exceeding twohundred fifty degrees Fahrenheit (250°F).

(D) Electric boiler�A power boiler orheating boiler in which the source of heat iselectricity.

(E) Miniature boiler�A power boiler orhigh temperature water boiler which does notexceed the following limits:

1. Sixteen inches (16") inside diameterof shell;

2. Twenty (20) square feet heating sur-face (not applicable to electric boilers);

3. Five (5) cubic feet gross volume ex-clusive of casing and insulation; and

4. One hundred (100) psi maximumallowable working pressure.

(F) Unfired steam boiler�An unfired pres-sure vessel or system of unfired pressure ves-sels intended for operation at a pressure in

excess of fifteen (15) psi steam for the pur-pose of producing and controlling an outputof thermal energy.

(G) Waste heat boiler�An unfired pres-sure vessel or system of unfired pressure ves-sels intended for operation in excess of fifteen(15) psi steam for the purpose of producingand controlling an output of thermal energy.

(H) Heat recovery boiler�A vessel or sys-tem of vessels comprised of one (1) or moreheat exchanger surfaces used for the recoveryof waste heat.

(I) Steam heating boiler�A steam boilerfor operation at pressures not exceeding fif-teen (15) psi.

(J) Hot water heating boiler�A boiler inwhich no steam is generated, from which hotwater is circulated for heating purposes andthen returned to the boiler, and which oper-ates at a pressure not exceeding one hundredsixty (160) psi and/or a temperature of twohundred fifty degrees Fahrenheit (250°F) ator near the boiler outlet.

(K) Hot water supply boiler�A boilercompletely filled with water that furnisheshot water to be used externally to itself atpressures not exceeding one hundred sixty(160) psi or at temperatures not exceedingtwo hundred fifty degrees Fahrenheit (250°F)at or near the boiler outlet.

(L) Portable boiler�A boiler which is pri-marily intended for temporary location andthe construction and usage permits it to bereadily moved from one location to another.

(M) Jacketed steam kettle/cooker�A gasor electrically fired kettle or cooker withjacket(s), operating at pressures not exceed-ing fifty (50) psi.

(9) Certificate of competency�A certificateissued to a person who has passed the exam-ination and met the experience requirements,prescribed by the board.

(10) Certificate of inspection�A certificateissued by the chief inspector for the operationof a boiler or pressure vessel as required bythe Act. The certificate of inspection shall beposted, under glass, at or near the object.

(11) Certificate inspection�An inspection,the report of which is used by the chiefinspector as justification for issuing, with-holding or revoking the inspection certificate.This certificate inspection shall be an internalinspection when required; otherwise, it shallbe as complete an inspection as possible.

(A) Internal inspection�As complete anexamination as can reasonably be made of theinternal, including water side, and externalsurfaces of a boiler or pressure vessel whileit is shut down and manhole plates, handhold

CODE OF STATE REGULATIONS 3Rebecca McDowell Cook (3/31/96)Secretary of State

Chapter 2—Boiler and Pressure Vessel Safety Rules 11 CSR 40-2

plates or other inspection opening closuresare removed as required by the inspector.

(B) External inspection�An inspectionmade when a boiler or pressure vessel is inoperation, if possible. An external inspectionshould include verification that required safe-ty devices are operable, in good workingorder, and tested periodically.

(12) Commission National Board�The com-mission issued by The National Board ofBoiler and Pressure Vessel Inspectors to aholder of a certificate of competency whodesires to make shop inspections or fieldinspections in accordance with the NB bylawsand whose employer submits the inspector�sapplication to the NB for the commission.

(13) Condemned boiler or pressure vessel�Aboiler or pressure vessel that has beeninspected and declared unsafe, or disqualifiedby legal requirements, by an inspector and astamping or marking designating its condem-nation has been applied by the chief or deputyboiler and pressure vessel inspector.

(14) Director�The director of the inspectionsection of the Department of Public Safety.

(15) Existing installation�Includes any boil-er or pressure vessel constructed, installed,placed in operation or contracted on or beforeNovember 12, 1986.

(16) Fittings and appliances�Include but arenot limited to pressure relief devices, lowwater protection, pressure controls, tempera-ture controls, thermometers, gages, expan-sion tanks, pipe fittings, pipe valves, pipe,etc., within the scope of these rules and theAct.

(17) Inspector�The chief inspector, anydeputy inspector, special inspector or owner-user inspector.

(A) Chief inspector�The chief boiler andpressure vessel inspector appointed under theAct.

(B) Deputy inspector�Any inspectorappointed by the director under the provi-sions of the Act.

(C) Special inspector�An inspector hold-ing a Missouri certificate of competency andwho is regularly employed by an insurancecompany authorized to insure against lossfrom explosion of boilers or pressure vesselsin this state.

(D) Owner-user inspector�An inspectorwho holds a valid National Board Owner-User Commission, who has passed the exam-ination prescribed by the board and who iscontinuously employed as an inspector by an

owner-user inspection agency recognized bythe state of Missouri.

(18) Jurisdiction�A state, province, or terri-tory of the United States, Canada, or Mexicoor any city of the United States having a pop-ulation of one (1) million or more that hasadopted and does administer one (1) or moresections of the ASME Boiler and PressureVessel Code as a legal requirement, one (1) ofwhich is Section I, and maintains a duly con-stituted department, bureau, division, or unitfor the purpose of enforcement of the Code.

(19) Lined potable water heater�A waterheater with a corrosion resistant lining usedto supply potable hot water.

(20) National Board�The National Board ofBoiler and Pressure Vessel Inspectors (NB),1055 Crupper Avenue, Columbus, Ohio43229, whose membership is composed ofthe chief inspectors of jurisdictions who arecharged with the enforcement of the provi-sions of the ASME Code.

(21) National Board Inspection Code�Themanual for boiler and pressure vessel inspec-tors published by the NB from which copiesmay be obtained.

(22) Nuclear power plant�One (1) or morenuclear power systems and containment sys-tems.

(23) Nuclear power systems�A systemwhich serves the purpose of producing andcontrolling an output of thermal energy fromnuclear fuel and those associated systemsessential to the functions of the power system.The components of the system include itemssuch as pressure vessels, piping systems,pumps, valves and storage tanks.

(24) New boiler or pressure vessel installa-tion�Includes all boilers or pressure vesselsconstructed, installed, placed in operation orcontracted for after November 12, 1986.

(25) Nonstandard boiler or pressure vessel�A boiler or pressure vessel that does not bearthe ASME stamp, the API-ASME stamp orthe stamp of any jurisdiction which hasadopted a standard of construction equivalentto that required by the board.

(26) Owner or user�Any person, firm orcorporation legally responsible for the safeinstallation, operation and maintenance ofany boiler or pressure vessel within the stateof Missouri.

(27) Owner-user inspection agency�Anowner or user of pressure vessels who main-tains a regularly established inspectiondepartment, whose organization and inspec-tion procedures meet the requirements of theNational Board rules and are acceptable tothe board.

(28) Pressure vessel�A vessel or an unfiredsteam boiler, as defined in subsection (8)(F);in which the pressure is obtained from anexternal source, by the application of heatfrom an indirect source or from a directsource other than those boilers defined insubsections (8)(A)�(M).

(29) Psi�Pounds per square inch.

(30) Reinstalled boiler or pressure vessel�Aboiler or pressure vessel removed from itsoriginal setting and reinstalled at the samelocation or at a new location without changeof ownership.

(31) Repair�The work necessary to restore aboiler or pressure vessel to a safe and satis-factory operating condition, provided there isno deviation from the original design.

(32) Second-hand boiler or pressure vessel�A boiler or pressure vessel which haschanged both location and ownership sinceprimary use.

(33) Standard boiler or pressure vessel�Aboiler or pressure vessel which bears thestamp of this state, the ASME stamp, theAPI-ASME stamp, both the ASME and NBstamp or the stamp of another jurisdictionwhich has adopted a standard of constructionequivalent to that required by the board.

(34) Water heater�A closed vessel in whichwater is heated by the combustion of fuels,electricity or any other source and withdrawnfor use external to the system at pressures notexceeding one hundred sixty (160) psi andshall include all controls and devices neces-sary to prevent water temperatures fromexceeding two hundred ten degreesFahrenheit (210°F).

AUTHORITY: section 650.215, RSMo(1994).* Original rule filed May 12,1986, effective Oct. 27, 1986.Amended: Filed Oct. 3, 1995, effectiveApril 30, 1996.

*Original authority 1984, amended 1990, 1993,1995.

4 CODE OF STATE REGULATIONS (3/31/96) Rebecca McDowell CookSecretary of State

11 CSR 40-2—PUBLIC SAFETY Division 40—Division of Fire Safety

11 CSR 40-2.020 Administration

PURPOSE: This rule addresses thesafe construction, installation, inspec-tion, operation, maintenance andrepair of boilers and pressure vessels inMissouri.

Editor�s Note: The following material isincorporated into this rule by reference:

1) American Society of MechanicalEngineers Code (ASME Code) (New YorkCity: American Society of MechanicalEngineers, 1995);2) National Board Inspection Code(Columbus, Ohio: National BoardInspection Code, 1995);3) API-510 (Washington, D.C.: AmericanPetroleum Institute).

In accordance with section 536.031(4),RSMo, the full text of material incorporatedby reference will be made available to anyinterested person at the Office of theSecretary of State and the headquarters of theadopting state agency.

(1) Minimum Construction Standards forBoilers and Pressure Vessels.

(A) All new boilers, pressure vessels,water heaters and storage tanks, unless other-wise exempt, to be operated in this jurisdic-tion, shall be designed, constructed, inspect-ed, stamped and installed in accordance withthe American Society of MechanicalEngineers (ASME) Code and these regula-tions. Boilers and pressure vessels for whichan ASME Manufacturer�s Data Report isrequired shall bear the manufacturer�sNational Board (NB) number as registeredwith the National Board. A copy of theManufacturer�s Data Report, signed by themanufacturer�s representative and the NB-commissioned inspector, shall be filed withthe chief inspector through the NationalBoard.

(B) State Special. If a boiler or pressurevessel cannot bear the ASME and NB stamp-ing or is to be constructed to another codeapproved by the board, details in the Englishlanguage and United States customary unitsof the proposed construction material specifi-cations and calculations shall be submitted tothe chief inspector by the owner or user andapproval as State Special obtained from theboard before construction is started. Copiesof all applicable codes and referenced stan-dards shall be made available, as requested,by the board.

(C) Before a second-hand boiler or pres-sure vessel is installed, application for per-mission to install it shall be filed by the

owner or user with the chief inspector and thechief inspector�s approval obtained.

(D) The following shall be exempt from theASME Code construction requirements ofsubsection (1)(A):

1. Water heaters where none of the fol-lowing limitations are exceeded:

A. Heat input of two hundred thou-sand (200,000) British thermal units(BTU/hr) (57.1kw);

B. Water temperature of two hundredten degrees Fahrenheit (210°F); and

C. Nominal water capacity of onehundred twenty gallons (120 g) and which areprovided with one (1) or more safety reliefvalves meeting the requirements of 11 CSR40-2.040(6); and

2. Coil-type hot water boilers used onlyfor steam vapor cleaning of things such asmachinery, equipment and building whennone of the following limitations are exceed-ed:

A. One inch (1") diameter tubing orthree-fourths inch (3/4") nominal pipe sizewith no steam drums or headers attached;

B. Nominal water containing capacitydoes not exceed six (6) gallons;

C. Water temperature does not exceedthree hundred fifty degrees Fahrenheit(350°F);

D. Steam is not generated within thecoil; and

E. One (1) or more safety reliefvalves meeting the requirements of 11 CSR40-2.030(6) must be installed and adequatecontrols are provided.

(E) In any circumstances other than thosepreviously mentioned, the owner or user shallcontact the chief inspector.

(2) Frequency of Inspections of Boilers andPressure Vessels.

(A) Power boilers; high pressure, hightemperature water boilers; and waste heatboilers shall receive a certificate inspectionannually which shall be an internal inspectionwhere construction permits; otherwise it shallbe as complete an inspection as possible.Boilers shall also be annually inspected exter-nally while under normal operating condi-tions.

(B) Unfired steam boilers shall receive acertificate inspection every year. The inspec-tion shall be an external inspection and aninternal inspection, where construction per-mits.

(C) Waste heat boilers shall receive a cer-tificate inspection every year. The inspectionshall be an internal inspection. Boilers shallalso be annually inspected externally whileunder normal operating conditions.

(D) Low pressure boilers, hot waterheaters and hot water storage tanks shallreceive a certificate inspection every two (2)years.

1. Steam or vapor boilers have an exter-nal inspection and an internal inspectionevery two (2) years, where construction per-mits.

2. Hot water heating and hot water sup-ply boilers shall have an external inspectionevery two (2) years and, where constructionpermits, an internal inspection at the discre-tion of the inspector.

3. Water heaters including hot waterstorage tanks shall have an external inspectionevery two (2) years and shall include thefunction of all controls and devices.

(E) Except as provided for in subsections(2)(F) and (G), pressure vessels subject tointernal corrosion shall receive a certificateinspection every two (2) years. This inspec-tion shall be internal, where construction per-mits and where preparation of the vessel forinternal inspection does not present a hazarddue to the materials involved. Pressure ves-sels not subject to internal corrosion shall beinspected externally every two (2) years.

(F) Pressure vessels that are under thesupervision of an owner-user inspectionagency shall be inspected at the same intervalunless otherwise agreed upon by the boardwith the agency.

(G) Nuclear power plants, that are includ-ed in the Act, shall be inspected as providedby Section XI of the ASME Code.

(H) Based upon documentation of actualservice conditions by the owner or user of theoperating equipment, the board, in its discre-tion, may permit variations in the inspectionfrequency requirements as provided in theAct.

(3) Notification of Inspection. Certificateinspection, as required in section (2), shall becarried out prior to the expiration date of thecertificate at a time mutually agreeable to theinspector and owner or user. External inspec-tions may be performed by the inspector dur-ing reasonable hours and without prior noti-fication. When, as a result of external inspec-tion or determination by other objectivemeans, it is the inspector�s opinion that con-tinued operation of the boiler or pressure ves-sel constitutes a menace to public safety, theinspector may request an internal inspectionor an appropriate pressure test or both toevaluate conditions. In these instances theowner or user shall prepare the boiler orpressure vessel for the inspections or tests asthe inspector designates.

CODE OF STATE REGULATIONS 5Rebecca McDowell Cook (3/31/96)Secretary of State

Chapter 2—Boiler and Pressure Vessel Safety Rules 11 CSR 40-2

(4) Examination for an Inspector�s Certificateof Competency.

(A) Examination for an inspector�s certifi-cate of competency shall be held at the officeof the board or at any other location to beselected by the board, four (4) times eachyear, namely the first Wednesday and one-half (1/2) day Thursday in the months ofMarch, June, September and December. Anapplicant for an examination shall have edu-cation and experience equal to at least one (1)of the following:

1. A degree in mechanical engineeringplus one (1) year of experience in design,construction, operation or inspection of highpressure boilers and pressure vessels;

2. A degree in a branch of engineering,other than mechanical engineering or anassociate degree in mechanical technologyplus two (2) years of experience in design,construction, operation or inspection of highpressure vessels; or

3. The equivalent of a high school edu-cation plus three (3) years of experience�

A. In high pressure boiler and pres-sure vessel construction or repair;

B. As an operating engineer in chargeof high pressure boiler operation; or

C. As an inspector of high pressureboilers and pressure vessels.

(B) Applications for examination shall bein writing on a form to be furnished by thechief inspector stating the education of theapplicant, a list of the applicants�s employers,the applicant�s period of employment andposition held with each employer.Applications containing willful falsificationsor untruthful statements shall be cause forrejection. Applications shall be submitted tothe chief inspector at least forty-five (45)days prior to the date of examination. If theapplicant�s education and experience areacceptable to the board, the applicant shall begiven a written examination dealing with theconstruction, maintenance and repair of boil-ers and pressure vessels and their appurte-nances and the applicant shall be accepted orrejected on the merits of this examination. Ifthe applicant is successful in meeting therequirements of the board, a certificate ofcompetency will be issued by the chiefinspector when the applicant is employed ona full-time basis by an authorized inspectionagency as defined in 11 CSR 40-2.010(6) and(26). Upon the expiration of ninety (90) days,an applicant who failed to pass the examina-tion will be permitted to take another writtenexamination and the applicants�s acceptanceor rejection will be determined by the boardon the basis of this examination.

(5) Examination Fees. A fee as required insection (14) will be charged for each appli-cant (for each examination) taking the exami-nation for a certificate of competency.

(6) Certificate of Competency andIdentification Card.

(A) Upon the request of the applicant�semployer, a certificate of competency and anidentification card may be issued by the chiefinspector to the following:

1. An inspector who is employed by thejurisdiction;

2. An inspector who is employed full-time by an insurance company which isauthorized to insure and does insure againstloss from explosions of boilers and pressurevessels in the jurisdiction;

3. An inspector employed as describedin either paragraph (6)(A)1. or 2. who con-ducts shop or field inspections of new boilers,pressure vessels or nuclear components inaccordance with the applicable ASME Coderequirements; or

4. An inspector who is continuouslyemployed by a company which operates pres-sure vessels in this state and has a validowner-user inspection agency agreement asprovided for in section (11), provided that theapplicant has satisfactorily passed the exami-nation as set forth in section (4) or holds avalid commission or certificate of competen-cy from a state that has a standard of exami-nation substantially equal to that of this juris-diction and a valid commission and a currentcommission card issued by the NationalBoard.

(B) The request for the certificate of com-petency and identification card shall be com-pleted on forms to be provided by the chiefinspector and shall be accompanied by, whenapplicable, a facsimile of the applicants�scommission and commission card, certificateof competency and identification card asmentioned previously and a fee as required insection (14).

(C) The certificate of competency andvalid identification card shall be returned tothe chief inspector when the inspector, towhom they were issued, is no longeremployed by the organization employing theinspector at the time that the certificate wasissued.

(D) Each person holding a valid certificateof competency and who conducts inspectionsas provided by the Act shall apply to the chiefinspector on forms provided and obtain arenewal identification card annually. A fee asrequired in section (14) for each card shallaccompany each application.

(E) An inspector�s certificate of competen-cy may be suspended by the chief inspector

after due investigation and recommendationby the board for neglect of duty, incompeten-cy, untrustworthiness or conflict of interest ofthe holder of the certificate, or for willful fal-sification of any matter or statement con-tained in the inspector�s application or in areport of any inspection made by the inspec-tor. Written notice of any suspension shall begiven, within not more than ten (10) days, bythe chief inspector, to the inspector and theinspector�s employer. Persons whose certifi-cates of competency have been suspendedshall be entitled to an appeal to the board asprovided for in the Act and to be present inperson and represented by counsel at thehearing of the appeal.

(7) Conflict of Interest. An inspector shallnot engage in the sale of any services, articleor device relating to boilers, pressure vesselsor their appurtenances.

(8) Inspection Reports to Be Submitted byInspectors.

(A) Inspectors, within one (1) year of theeffective date of these rules (October 27,1986) for boilers and three (3) years for pres-sure vessels, shall submit to the chief inspec-tor an inspection report on forms acceptableto the board for each boiler and pressure ves-sel subject to inspection in this state. FormsNB-5, NB-6, NB-7 and the Missouri Boilerand Pressure Vessel-Report of Inspection arethree (3) acceptable forms. Complete datashall be submitted on forms acceptable to theboard for each nonstandard boiler or pressurevessel.

(B) Subsequent inspections by deputy andspecial inspectors of both standard and non-standard boilers and pressure vessels shall bereported on forms acceptable to the board.

(C) Inspection reports as required in sub-sections (8)(A) and (B) shall be submittedwithin thirty (30) days from the date ofinspection.

(D) Owner-user inspection agencies shallreport in accordance with subsections (8)(B)and (C), or upon forms acceptable to theboard, which shall be filed as provided insection (11).

(9) Insurance Companies to Notify ChiefInspector of New, Cancelled or SuspendedInsurance on Boilers or Pressure Vessels. Allinsurance companies shall notify the chiefinspector, within thirty (30) days, of all boil-ers or pressure vessels on which insurance iswritten, cancelled, not renewed or suspendedbecause of unsafe conditions.

(10) Special Inspectors to Notify Chief ofUnsafe Boilers and Pressure Vessels. If a spe-cial inspector, upon first inspection of a new

6 CODE OF STATE REGULATIONS (3/31/96) Rebecca McDowell CookSecretary of State

11 CSR 40-2—PUBLIC SAFETY Division 40—Division of Fire Safety

risk, finds that a boiler or pressure vessel, orany appurtenance of the boiler or pressurevessel, is in a condition that the inspector�scompany would refuse insurance, the compa-ny immediately shall notify the chief inspec-tor and submit a report on the defects. Ifupon inspection a special inspector finds aboiler or pressure vessel to be unsafe for fur-ther operation, the inspector shall promptlynotify the owner or user, stating what repairsor other corrective measures are required tobring the object into compliance with theserules. Unless the owner or user makes repairsor adopts other corrective measures prompt-ly, the special inspector immediately shallnotify the chief inspector. Until the correc-tions have been made, no further operation ofthe boiler or pressure vessel involved shall bepermitted. If an inspection certificate for theobject is required and is in force, it shall besuspended by the chief inspector. When rein-spection establishes that the necessary repairshave been made or corrective actions havebeen taken and the boiler or pressure vesselis safe to operate, the chief inspector shall benotified. At that time an inspection certifi-cate, where applicable, will be issued.

(11) Owner-User Inspection Agency.(A) Any person, firm, partnership or cor-

poration operating pressure vessels in thisjurisdiction may seek approval and registra-tion as an owner-user inspection agency byfiling an application with the chief inspectoron prescribed forms and request approval bythe board.

(B) Application and registration shall showthe name of the agency and its principaladdress in this state and the name and addressof the person(s) having supervision overinspections made by the agency. Changes insupervisory personnel shall be reported to thechief inspector within thirty (30) days afterthe change.

(C) Each owner-user inspection agency asrequired by the provisions of the Act andthese regulations shall�

l. Conduct inspections of pressure ves-sels, not exempt by the Act, utilizing onlyqualified inspection personnel, as provided insection (6);

2. Retain on file at the location wherethe equipment is inspected, a true record orcopy of each of the latest inspection reportssigned by the inspector;

3. Execute and deliver to the chiefinspector and those responsible for the oper-ation of the pressure vessel, a true report ofeach inspection together with appropriaterequirements or recommendations that resultfrom the inspections;

4. Notify promptly the chief inspector ofany pressure vessel which does not meet therequirements for safety;

5. Maintain inspection records whichwill include a list of each pressure vessel cov-ered by the Act, showing a serial number andabbreviated descriptions as may be necessaryfor identification, the date of last inspectionof each unit and approximate date for the nextinspection, arrived at by applying the appro-priate rules to all data available at the time theinspection record is compiled. Informationregarding frequency and type of inspection isprovided in section (2). The inspection recordshall be readily available for examination bythe chief inspector or his/her authorized rep-resentative during business hours; and

6. Submit to a periodic audit of theowner-user program and records, at least tri-ennially. Fees will be in accordance with therates established in subsection (14)(B).

(12) Defective Conditions Disclosed at Timeof External Inspection. If, upon externalinspection, there is evidence of a leak orcrack, sufficient covering of the boiler orpressure vessel shall be removed to permit theinspector to satisfactorily determine the safe-ty of the boiler or pressure vessel. If the cov-ering cannot be removed at that time, theinspector may order the operation of the boil-er or pressure vessel stopped until such timeas the covering can be removed and properexamination made.

(13) Owner or User to Notify Chief Inspectorof Accident. When an accident occurs to aboiler or pressure vessel, the owner or userpromptly shall notify the chief inspector bysubmitting a detailed report of the accident.In the event of a personal injury or any explo-sion, notice shall be given immediately bytelephone, telegraph or messenger, and nei-ther the boiler or pressure vessel, nor anyparts of the boiler or pressure vessel, shall beremoved or disturbed before permission hasbeen given by the chief inspector, except forthe purpose of saving human life and limitingconsequential damage.

(14) Inspection Certificate, Inspection andMiscellaneous Fees.

(A) If a boiler or pressure vessel afterinspection, is found to be suitable and to con-form to these regulations, the owner or usershall pay directly to the jurisdiction a fee offifteen dollars ($15) for each boiler and pres-sure vessel required to be inspected under theAct upon which an inspection certificate shallbe issued. Checks and money orders for pay-ment of all fees should be made payable tothe Division of Fire Safety.

(B) Inspection Fees. The owner or user ofa boiler or pressure vessel required by the Actto be inspected by the chief inspector, ordeputy inspector, shall pay when invoiced bythe chief inspector, fees in accordance withthe following schedule:

1. Power boilers and high pressure, hightemperature water boilers.

A. Certificate internal inspections.(I) Boilers of fifty (50) square feet

of heating surface or less $26.(II) Boilers over fifty (50) square

feet of heating surface and less than two thou-sand (2000) square feet of heating surface

$47.(III) Boilers of two thousand (2000)

square feet of heating surface or more, andless than four thousand (4000) square feet ofheating surface $54.

(IV) Boilers of four thousand(4000) square feet of heating surface or more,and less than ten thousand (10,000) squarefeet of heating surface $64.

(V) Boilers of ten thousand(10,000) square feet of heating surface ormore $80.

B. Certificate external inspections.(I) Boilers of fifty (50) square feet

of heating surface or less $20.(II) Boilers over fifty (50) square

feet of heating surface $29.C. Not more than the equivalent of

the internal and external inspection fees shallbe charged or collected for any and allinspections, as listed in paragraph (14)(B)1.,of any boiler in any one (1) year except asprovided in paragraph (14)(B)6.;

2. Heating boilers.A. Certificate inspections.

(I) Heating boilers externalinspection $22.

(II) Heating boilers internalinspection $34.

(III) Hot water supply boilers,water heaters, jacketed kettles $18.

(IV) Storage water heaters $16.B. Not more than one (1) fee shall be

charged or collected for any and all inspec-tions of any heating boiler or storage waterheater, in any required inspection periodexcept as provided in paragraph (14)(B)6.;

3. For boilers where the only source ofheat is electrical energy, the fees of para-graphs (14)(B)1. and 2. shall apply based onone (1) kilowatt being equal to one (1) squarefoot of heating surface;

4. Pressure vessels.A. Certificate inspections. Fees to be

based on the maximum length of the vesseltimes the maximum width or diameter infeet.

CODE OF STATE REGULATIONS 7Rebecca McDowell Cook (3/31/96)Secretary of State

Chapter 2—Boiler and Pressure Vessel Safety Rules 11 CSR 40-2

(I) Each pressure vessel subject toinspection having a product as determinedabove fifty (50) square feet or less $15.

(II) For each additional one hun-dred (100) square feet, or portions thereof, ofarea in excess of fifty (50) square

feet $9.(III) Not more than forty-six dol-

lars ($46) shall be paid for each inspection onany one (1) vessel.

(IV) A group of pressure vessels,such as the rolls of a paper machine or dryeroperating as a single machine or unit, shall beconsidered as one (1) pressure vessel.

(V) Not more than one (1) fee shallbe charged or collected for any and all previ-ously mentioned inspections of any pressurevessels in any required inspection periodexcept as provided in paragraph (14)(B)6.;

5. Hydrostatic tests. When it is neces-sary to make a special trip to witness theapplication of a hydrostatic test, an addition-al fee based on the scale of fees applicable toa certificate inspection of the boiler or pres-sure vessel shall be charged; and

6. All other inspections, including shopinspections, special inspections and inspec-tions of second-hand or used boilers or pres-sure vessels made by the chief or deputyinspector shall be charged for at the rate ofnot less than one hundred fifteen dollars($115) for one-half (1/2) day of four (4) hoursor two hundred twelve dollars ($212) for one(1) full day of eight (8) hours, including trav-el time, plus all expenses, including traveling,meals and lodging.

(C) Miscellaneous Fees.1. Examination Fee for each examina-

tion $21.2. Commission Fee (including replace-

ment or renewal) $17.3. Commission Renewal Fee $13.4. Annual filing fees for owner-user

inspection agencies based on the number ofvessels.

A. For statements covering not morethan twenty-five (25) vessels (per vessel) $2.

B. For statements covering more thantwenty-five (25) but not more than one hun-dred (100) vessels $50.

C. For statements covering more thanone hundred (100) but not more than fivehundred (500) vessels $100.

D. For statements covering more thanfive hundred (500) vessels $200.

(D) Disposition of Fees. The chief inspec-tor shall account for and transfer all fees soreceived to the director of revenue.

(E) If the owner or user of a boiler or pres-sure vessel which is required to be inspectedrefuses to allow an inspection to be made orrefuses to pay the fee stipulated, a new

inspection certificate shall not be issued. If avalid inspection certificate exists, it shall besuspended by the chief inspector until theowner or user complies with the require-ments.

(F) The owner or user who causes a boileror pressure vessel to be operated without avalid certificate shall be subject to the penal-ty as provided for in the Act. It is the owner�sresponsibility to assure a valid certificate ofinspection is posted at the location of theobject.

(15) Validity of Inspection Certificate. Aninspection certificate, issued in accordancewith section (14), shall be valid until expira-tion unless some defect or condition affectingthe safety of the boiler or pressure vessel isdisclosed provided, however, that a certificateissued for a boiler or pressure vessel inspect-ed by a special inspector shall be valid only ifthe boiler or pressure vessel for which it wasissued continues to be insured by a dulyauthorized insurance company.

(16) Restamping Boilers and PressureVessels. When the stamping on a boiler orpressure vessel becomes indistinct, theinspector shall instruct the owner or user tohave it restamped. Request for permission torestamp the boiler or pressure vessel shall bemade to the chief inspector and proof of theoriginal stamping shall accompany therequest. The chief inspector may grant theauthorization. Restamping shall be in accor-dance with the National Board InspectionCode. Notice of completion of the restampingshall be filed with the chief inspector by theinspector who witnessed the stamping on theboiler or pressure vessel, together with a fac-simile of the stamping applied.

(17) Penalty for Operation of Unsafe Boilersor Pressure Vessels.

(A) If, upon inspection, a boiler or pres-sure vessel is found to be in a condition thatit is unsafe to operate, the inspector shallnotify the chief inspector and the inspectioncertificate may be suspended by the chiefinspector.

(B) Any person, firm, partnership or cor-poration causing the boiler or pressure vesselto continue to be operated shall be subject tothe penalty provided in the Act.

(18) Condemned Boilers and PressureVessels.

(A) Any boiler or pressure vessel havingbeen inspected and declared unfit for furtherservice by an inspector shall be stamped bythe chief inspector or a deputy inspector oneither side of the state number with the lettersXXX as shown by the following facsimile,

which will designate a condemned boiler orpressure vessel:

XXX MO XXX

This stamping shall be applied directly to theboiler or pressure vessel, whenever possible.

(B) Any person, firm, partnership or cor-poration using, or offering for sale, a con-demned boiler or pressure vessel for opera-tion within this state shall be subject to thepenalties provided by the Act.

(19) Reinstallation of Boilers or PressureVessels. When a standard boiler or pressurevessel located in this jurisdiction is to bemoved outside the jurisdiction for temporaryuse or repair, application shall be made bythe owner or user to the chief inspector forpermission to reinstall the boiler or pressurevessel in the jurisdiction. When a nonstan-dard boiler or pressure vessel is removedfrom this state, it shall not be reinstalledwithin this state.

(20) Installation, Operation, Sale or Offeringfor Sale of Nonstandard Boilers or PressureVessels. The installation, operation, sale orthe offering for sale of nonstandard boilers orpressure vessels in this jurisdiction is prohib-ited without permission from the board.

(21) Installation of Used or Second-HandBoilers or Pressure Vessels. Before a used orsecond-hand boiler or pressure vessel can beinstalled in this state, an inspection must bemade by an inspector qualified by this juris-diction. Data submitted by the inspector shallbe filed by the owner or user of the boiler orpressure vessel with the chief inspector forapproval. An internal and external certificateinspection of the object shall be made by aninspector qualified by this jurisdiction, priorto issuance of a certificate of inspection forthe object. The inspection shall be document-ed on a form acceptable to the chief inspec-tor. Boilers and pressure vessels, wheninstalled in the jurisdiction, shall be equippedwith fittings and appurtenances that complywith the regulations for new installations, ineffect on the date of the installation.Exceptions must be referred to the chiefinspector for resolution.

(22) Reinstalled Boilers or Pressure Vessels.When a stationary boiler or pressure vessel ismoved and reinstalled, the attached fittingsand appurtenances shall comply with theseregulations for new installations, in effect onthe date of the installation. Exceptions mustbe referred to the chief inspector for resolu-tion.

8 CODE OF STATE REGULATIONS (3/31/96) Rebecca McDowell CookSecretary of State

11 CSR 40-2—PUBLIC SAFETY Division 40—Division of Fire Safety

(23) Working Pressure for ExistingInstallations. Any inspector may decrease theworking pressure on any existing installationif the condition of the boiler or pressure ves-sel warrants it. If the owner or user does notconcur with the inspector�s decision, theowner or user may appeal to the board whichmay request a joint inspection by the chiefinspector or a deputy inspector and theinspector. The chief inspector shall render areport to the board and the board shall renderthe final decision, based upon the data con-tained in the inspector�s reports.

(24) Repairs and Alterations.(A) When repairs or alterations are to be

made to boilers and pressure vessels, permis-sion shall be obtained from an inspectorbefore the work is started. Organizationsmaking repairs or alterations, must have one(1) of the following authorizations:

1. A valid certificate of authorization foruse of the R symbol, issued by the NationalBoard; or

2. A certificate of authorization from theboard of boiler and pressure vessel rules.

(B) All work shall conform to the rules ofthe National Board Inspection Code or API-510, as applicable.

(25) Riveted Patches. In applying rivetedpatches, the design and method of installationshall meet the requirements of subsection(24)(B).

(26) Safety Appliances.(A) No person shall attempt to remove or

do any work on any safety appliance pre-scribed by these regulations while the appli-ance prescribed is subject to pressure.

(B) Should any of these appliances beremoved for repair during an outage of a boil-er or pressure vessel, they must be reinstalledand in proper working order before the objectis again placed in service.

(C) No person shall alter any safety orsafety relief valves or pressure relief devicesin any manner to maintain a working pressurein excess of that stated on the boiler or pres-sure vessel inspection certificate.

(D) Repair of ASME- and NB-stampedsafety or safety relief valves shall be madeonly by an organization which holds a validCertificate of Authorization for use of the NBSafety or Safety Relief Valve Repair VR sym-bol stamp and the scope of the certificateincludes the appropriate type of valve to berepaired.

(27) Requirements For New Installations.(A) No boiler or pressure vessel shall be

installed in this state after October 27, 1986,unless it has been constructed in accordance

with the ASME Code, registered with the NBand installed in conformity with these regula-tions except�

1. Those exempt by the Act; or2. Those outlined in subsection (1)(B) of

this rule.(B) The stamping shall not be concealed by

lagging or paint and shall be exposed at alltimes unless a suitable record is kept of thelocation of the stamping so that it may bereadily uncovered at any time this may bedesired.

(28) Application of State Serial Numbers.(A) Upon completion of the installation of

a boiler or pressure vessel or at the time ofthe initial certificate inspection of an existinginstallation, each boiler or pressure vesselshall be stamped by the inspector with a ser-ial number of the state, consisting of lettersand figures to be not less than five-sixteenthsinch (5/16") in height and arranged as fol-lows:

MO 123456

Alternatively, a metal tag issued by the chiefinspector, may be securely affixed usingscrews, rivets, wire or other means so that thetag cannot be easily removed. The �MO�number may not be transferred to any otherobject. The tag or stamping shall be placed asclose to the ASME nameplate or stamping, aspracticable.

(B) All cast iron, low pressure heatingboilers (including all �HLW� stamped hotwater supply boilers) shall have securelyattached to the front of the boiler a corrosion-resistant metal tag of not less than one inchby four inches (1" × 4") in size which shallhave the serial number of the state stampedon it. All pressure vessels constructed of castiron, or of material of a thickness that itshould not be stamped, shall have securelyattached a corrosion-resistant metal tag notless than one inch by four inches (1" × 4")in size which shall have the serial number ofthe state stamped on it.

(29) Variations.(A) Any person who believes the rules pro-

mulgated by the board are unreasonable orimpose an undue burden upon the owner oruser may request a variation from the rule.The request for variation shall be in writingand shall specify how equivalent safety is tobe maintained. The board, after investigationand hearing as it may direct, may grant avariation from the terms of any rule providedspecial conditions as may be specified aremaintained in order to provide equivalentsafety.

(B) When there is reason to believe, orupon receipt of a complaint that a variationdoes not provide freedom from danger equiv-alent to that described the published rule, theboard, after notice to the owner or user andcomplainant after the hearing and investiga-tion as it may direct, may continue in force,suspend, revoke or modify the conditionsspecified in any variation. No declaration, actor omission of the board or of the chiefinspector, deputy inspectors or specialinspectors other than a written order autho-rizing a variation as permitted previously,shall be deemed to exempt, either wholly orin part, expressly or implied, any owner oruser from full compliance with the terms ofany rule.

(30) Penalties. Any person, firm or corpora-tion violating any of the provisions of theserules shall be guilty of a misdemeanor andsubject to a fine to be collected by suit orthrough compromise as provided for in sec-tion 650.270, RSMo of the Act. Each day ofoperation in violation of the provisions shallbe considered a separate offense.

AUTHORITY: section 650.215, RSMo(1994).* Original rule filed May 12,1986, effective Oct. 27, 1986.Amended: Filed Dec. 1, 1987, effectiveFeb. 11, 1988. Amended: Filed Sept.27, 1990, effective Feb. 14, 1991.Amended: Filed Oct. 3, 1995, effectiveApril 30, 1996.

*Original authority 1984, amended 1990, 1993,1995.

CODE OF STATE REGULATIONS 9Rebecca McDowell Cook (3/31/96)Secretary of State

Chapter 2—Boiler and Pressure Vessel Safety Rules 11 CSR 40-2