SENATE BILL NO. 19

INTRODUCED BY MILLER K

A BILL FOR AN ACT ENTITLED: "AN ACT REVISING BOILER INSPECTION AND BOILER ENGINEER LICENSING REQUIREMENTS; AND AMENDING SECTIONS 50-74-103, 50-74-209, 50-74-219, AND 50-74-303, MCA."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 50-74-103, MCA, is amended to read:

"50-74-103. Boilers exempted. (1) This chapter does not apply to boilers under federal control.

(2) The provisions of this chapter requiring inspections, inspection fees, and certificates do not apply to steam heating boilers operated at not over 15 pounds per square inch gauge pressure in private residences or apartments of six or less families or to hot water heating or supply boilers operated at not over 50 pounds per square inch gauge pressure and at temperatures not over 250 degrees F when in private residences or apartments of six or less families.

(3) A person operating any of the engines or boilers exempted from the operation of this chapter may not be required to procure a license from the department.

(4) A license is not required for a hot water heating or supply boiler operated at not over 50 pounds per square inch gauge pressure and at temperatures not over 250 degrees F."

Section 2. Section 50-74-209, MCA, is amended to read:

"50-74-209. Required inspection intervals -- failure to comply with safety standards. (1) All boilers must be inspected at least once every 3 years except boilers exempt under provisions of 50-74-103. Upon written application, longer inspection intervals may be authorized by the department.

(2) In addition to the inspection required by subsection (1), it is the duty of the inspectors to examine at proper times, when in their opinion an examination is necessary, all boilers that have become unsafe from any cause and to notify the owner or the person using the boilers of any defect and what repairs are necessary to render them safe.

(3) If a boiler is found upon inspection to violate safety standards set forth in rules referred to in 50-74-101, the department shall order the owner of the boiler to comply with the violated standards within 6 months. An owner who negligently or knowingly fails to comply with an order within the 6-month period commits a misdemeanor punishable upon conviction by a fine of $50 to $100, a jail term of up to 60 days, or both."

Section 3. Section 50-74-219, MCA, is amended to read:

"50-74-219. Fee for inspection. (1) Whenever a department inspector inspects a boiler, a fee must be charged and collected by the department prior to issuance of a boiler operating certificate in accordance with the following schedule:

(a) operating certificate, $26;

(b) internal inspection, $75;

(c) external inspection:

(i) hot water heating and supply, $30;

(ii) steam heating, $40; and

(iii) power boiler, $55; and

(d) special inspection, $50 an hour plus expenses.

(2) If two or more boilers in the same room are inspected at the same time, the total fee imposed for all the boilers must be the fee for inspection of one boiler and the fee is the fee for the type of boiler with the highest fee.

(3) Fees collected under this section must be deposited in a department state special revenue account for administration of the boiler inspection program."

Section 4. Section 50-74-303, MCA, is amended to read:

"50-74-303. Engineer's license classifications. (1) Engineers entrusted with the operation, care, and management of steam or water boilers and steam machinery, as specified in 50-74-302, are divided into five classes, namely: first-class engineers, second-class engineers, third-class engineers, agricultural-class engineers, and low-pressure engineers.

(2) Licenses for the operation of steam or water boilers and steam machinery are divided into five classifications in accordance with the following schedule:

(a) First-class engineers are licensed to operate all classes, pressures, and temperatures of steam and water boilers and steam-driven machinery with the exception of traction and hoisting engines.

(b) Second-class engineers are licensed to operate steam boilers operating not in excess of 250 pounds per square inch gauge saturated steam pressure, water boilers operating not in excess of 375 pounds per square inch gauge pressure and 450 degrees F temperature, and steam-driven machinery not to exceed 100 horsepower per unit, with the exception of traction and hoisting engines.

(c) Third-class engineers are licensed to operate steam boilers operating not in excess of 100 pounds per square inch gauge saturated steam pressure and water boilers operating not in excess of 160 pounds per square inch gauge pressure and 350 degrees F temperature.

(d) Agricultural-class engineers are licensed to operate steam boilers that operate not in excess of 150 pounds per square inch saturated steam pressure and that:

(i) are not operated for more than 6 months of the year; and

(ii) are not operated for purposes other than the harvesting or processing of agricultural products.

(e) Low-pressure engineers are licensed to operate steam boilers operating not in excess of 15 pounds per square inch gauge pressure ."

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