HB-4752, As Passed House, June 13, 2013
SUBSTITUTE FOR
HOUSE BILL NO. 4752
A bill to amend 1965 PA 290, entitled
"Boiler act of 1965,"
by amending sections 2 and 13d (MCL 408.752 and 408.763d), section
2 as amended and section 13d as added by 2008 PA 159.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Antique steam boiler" means a boiler that is no longer
used in production applications and is used to demonstrate the
historical significance of steam boilers in American history.
(b) "Approved apprenticeship program" means a training program
for boiler operators or stationary engineers that is certified by
or
meeting meets the standards of the United States department of
labor bureau of apprenticeship training and is approved by the
board.
(c) "Armed forces" means that term as defined in section 2 of
the veteran right to employment services act, 1994 PA 39, MCL
35.1092.
(d) (c)
"Associated auxiliaries"
means equipment that is
required in the operation of a boiler that includes, but is not
limited to, pumps, regulators, feedwater heaters, superheaters, de-
superheaters, economizers, air preheaters, draft fans, combustion
and pollution control equipment, and prime movers.
(e) (d)
"Board" means the board
of boiler rules created in
section 3.
(f) (e)
"Boiler" means a closed
vessel in which water is
heated, steam is generated, or steam is superheated, or a
combination
thereof, of those actions
occur, under pressure or
vacuum by the application of heat from combustible fuels,
electricity, or nuclear energy. Boiler does not include facilities
of an integral part of a continuous processing unit but does
include a fired unit for heating or vaporizing liquids other than
water, if the unit is separate from a processing system and is
complete within itself.
(g) (f)
"Boiler for agricultural
purposes" means a portable
boiler used in a field or similar open area for the sole purpose of
operating farm equipment or farm machinery.
(h) (g)
"Boiler operator" or
"stationary engineer" means a
person
an individual who is engaged in the operation of boilers and
associated auxiliaries.
(i) (h)
"Certificate inspection"
means an inspection , the
that
is conducted for purposes of preparing a report
of which is
used
by the chief inspector to decide whether a certificate, as
provided
by described in section 20.
, shall be issued. The
certificate inspection shall be an internal inspection if
construction allows; otherwise the certificate inspection shall be
as complete an inspection as possible.
(j) (i)
"Director" means the
director of the department of
labor
and economic growth licensing
and regulatory affairs or a
representative designated by the director.
(k) (j)
"External inspection"
means an inspection that does
not involve examination of the internal surfaces of the pressure
parts of the boiler.
(l) (k)
"Heating surface" means
the heating surface determined
by the boiler manufacturer and recorded in the manufacturer's data
report or by rules established by the board for a boiler if the
manufacturer's data report is not available or the boiler is not
stamped with its heating surface.
(m) (l) "High
pressure, high temperature water boiler" means a
water
heating boiler operating at pressure exceeding that exceeds
160
p.s.i.g. or temperatures exceeding that exceed 250 degrees
Fahrenheit.
(n) (m)
"Low pressure boiler"
means a steam boiler operated at
pressures
that do not exceeding exceed 15 p.s.i.g., or a hot
water
heating
boiler operated at pressures that
do not exceeding exceed
160
p.s.i.g. or temperatures that do not exceeding exceed 250
degrees Fahrenheit.
(o) (n)
"P.S.I.G." means pounds
per square inch gauge.
(p) (o)
"Power boiler" means a
closed vessel in which steam or
other vapor is generated at a pressure of more than 15 p.s.i.g. by
the direct application of heat.
(q) (p)
"Process boiler" means a
boiler that is operated at a
pressure or temperature from which more than 10% of the boiler's
capacity is used for direct steam humidification or direct process
work.
(r) (q)
"Qualified technical education
program" means an
educational program that is approved by the board and that has a
minimum of 350 contact hours in classroom hands-on training, field
training, or supervised plant visits for high pressure boiler
operators. The board may establish lesser standards for an
educational program for low pressure operator training or other
entry level training positions only.
(s) (r)
"Qualified training
program" means either any
of the
following:
(i) An in-house training program approved by the board and
offered to boiler operators and stationary engineers by an
employer.
(ii) An in-house training program implemented or developed by a
utility and offered to boiler operators and stationary engineers by
an employer as a result of negotiations between an employer and its
employees.
(iii) A training program offered to active duty boiler operators
and stationary engineers by a branch of the armed forces.
(t) (s)
"Rule" means a rule
promulgated pursuant to under
the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(u) (t)
"Secondhand boiler" means
a boiler that has changed
ownership and location after initial use.
Sec. 13d. (1) The director shall not issue a registration for
a title described in section 13a(2) unless the applicant meets the
requirements
for the classification as prescribed in under
subsections (2) to (6).
(2) An applicant for a low pressure boiler operator
registration
shall have not less than at
least 1 year of experience
operating or maintaining low or high pressure boilers, steam prime
movers, or associated auxiliaries.
(3) An applicant for a high pressure boiler operator
registration shall have 1 or more of the following:
(a)
Not less than At least 2 years of experience in the
operation of a high pressure boiler.
(b)
A low pressure boiler operator's registration and not less
than
at least 1 year of experience in the operation of a low
pressure boiler.
(c)
Not less than At least 1 year of either a qualified
training program, a qualified technical education program, or an
approved apprenticeship program.
(4) An applicant for a third-class stationary engineer
registration shall meet 1 or more of the following requirements:
(a)
Be Is registered as a high pressure boiler operator and
have
not less than at least 1 year of experience in the operation
of a high pressure boiler.
(b)
Be Is registered as a low pressure boiler operator, have
not
less than has at least 1 year of experience in the operation of
a
low pressure boiler, and have not less than has at least 1 year
of maintenance experience on high pressure boilers and associated
auxiliaries.
(c)
Be Is registered as a high pressure boiler operator and
have
not less than has at least 1 year of boiler maintenance
experience
or not less than at least 1 year as an apprentice in an
approved
training program in a high pressure boiler plant having
that has an aggregate heating surface of more than 4,000 square
feet.
(d)
Have not less than at
least 3 years of experience in the
operation
of boilers in a high pressure boiler plant having that
have an aggregate heating surface of more than 4,000 square feet.
(e)
Have not less than at
least 1 year of experience in the
operation
of boilers in a high pressure boiler plant having that
have an aggregate heating surface of more than 4,000 square feet
along with sufficient experience operating steam prime movers in
excess
of 10 horsepower for a combined total of not less than at
least 3 years of experience.
(f) Have an associate degree in energy technology or a related
field, as determined by the board, with a power engineering option
from a 2-year college whose program is approved by the board and
employment
or cooperative education experience of not less than at
least 360 hours as a power engineer, boiler operator, or stationary
engineer in a steam electric generation plant or a high pressure
steam heating or process plant.
(5) An applicant for a second-class stationary engineer
registration shall meet 1 or more of the following requirements:
(a)
Be Is registered as a third-class stationary engineer and
have
not less than has at least 1 year of experience as a third-
class stationary engineer.
(b) Have a bachelor's degree in engineering, engineering
technology, heating/power technology, or energy technology from a
college or university whose program is approved by the board and
employment experience as an engineer in the engineering or research
division
of a steam electric power generating plant for not less
than
at least 1 year.
(c)
Have not less than at
least 4 years of experience in the
operation
of boilers in a high pressure boiler plant having that
have an aggregate heating surface of more than 7,500 square feet.
(d)
Have not less than at
least 1 year of experience in the
operation
of boilers in a high pressure boiler plant having that
have an aggregate heating surface of more than 7,500 square feet
along with sufficient experience operating steam prime movers in
excess
of 100 horsepower for a combined total of not less than at
least 4 years of experience.
(e)
Have not less than at
least 1 year of experience in the
operation
of boilers in a high pressure boiler plant having that
have an aggregate heating surface of more than 7,500 square feet
along with sufficient experience operating boilers in a high
pressure
boiler plant having that
have an aggregate heating surface
of
more than 4,000 square feet for a combined total of not less
than
at least 4 years of experience.
(6) An applicant for a first-class stationary engineer
registration shall meet 1 or more of the following requirements:
(a)
Be Is registered as a second-class stationary engineer and
have
not less than has at least 2 years of experience as a second-
class stationary engineer.
(b)
Have not less than at
least 6 years of experience in the
operation
of boilers in a high pressure boiler plant having that
have an aggregate heating surface of more than 20,000 square feet.
(c)
Have not less than at
least 2 years of experience in the
operation
of boilers in a high pressure boiler plant having that
have an aggregate heating surface of more than 20,000 square feet
along with sufficient experience operating steam prime movers in
excess
of 200 horsepower for a combined total of not less than at
least 6 years of experience.
(d)
Have not less than at
least 2 years of experience in the
operation
of boilers in a high pressure boiler plant having that
have an aggregate heating surface of more than 20,000 square feet
along with sufficient experience in the operation of boilers in a
high
pressure boiler plant having that
have an aggregate heating
surface of more than 7,500 square feet of heating surface for a
combined
total of not less than at
least 6 years of experience.
(e) Complete a 4-year approved apprenticeship program or a 4-
year qualified training program.
(f) Complete a 4-year program with a bachelor's degree from a
college or university in engineering, engineering technology,
heating/power technology, or energy technology whose program is
approved by the board and which includes a hands-on power option
from a 2-year community college program or the equivalent, as
determined by the board, and not less than 1 year of employment,
internship, or cooperative education experience in a steam electric
generation plant or high pressure steam heating process plant.
(7) As used in this section, "experience" includes experience
acquired, while serving as an active duty member of the armed
forces, by a veteran who was not dishonorably discharged from
military service. An individual described in this subsection shall
submit with his or her application for registration an affidavit or
letter signed by a commanding officer, supervisor, or military
superior with direct knowledge of the applicant's service that
describes his or her experience as a boiler operator or stationary
engineer in 1 or more of the classifications described in section
13b.
Enacting section 1. This amendatory act takes effect upon the
expiration of 90 days after the date it is enacted into law.