HB-4752, As Passed Senate, October 30, 2013

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4752

     A bill to amend 1965 PA 290, entitled

"Boiler act of 1965,"

by amending sections 2, 4a, and 13d (MCL 408.752, 408.754a, and

408.763d), sections 2 and 4a 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) "Department" means the department of licensing and

regulatory affairs.

(k) (i) "Director" means the director of the department of

labor and economic growth or a representative designated by the

director.

(l) (j) "External inspection" means an inspection that does not

involve examination of the internal surfaces of the pressure parts

of the boiler.

(m) (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.

(n) (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.

(o) (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.

(p) (n) "P.S.I.G." means pounds per square inch gauge.

(q) (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.

(r) (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.

(s) (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.

(t) (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.

(u) (s) "Rule" means a rule promulgated pursuant to under the

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

24.328.

(v) (t) "Secondhand boiler" means a boiler that has changed

ownership and location after initial use.

     Sec. 4a. (1) The department, in consultation with the board,

shall promulgate rules to establish the fee schedules for licenses,

permits, certificates, registrations, examinations, and inspections

under this section. The fees shall reflect the actual costs and

expenses for the department of labor and economic growth in issuing

licenses, permits, registrations, examinations, and certificates

and in conducting inspections.

     (2) The department shall waive the initial license or

registration fee required under this section if the applicant is an

individual who served in the armed forces and he or she provides to

the department a form DD214, form DD215, or any other form that is

satisfactory to the department that demonstrates he or she was

separated from that service with an honorable character of service

or under honorable conditions (general) character of service.

(3) (2) Beginning July 23, 2004, the department of labor and

economic growth shall issue an initial or renewal license, permit,

or registration, not later than 90 days after the applicant files a

completed application. Receipt The date of receipt of the

application is considered the date the application is received by

any department or agency or department of the this state. of

Michigan. If the application is considered incomplete by the

department, of labor and economic growth, the department of labor

and economic growth shall notify the applicant in writing, or make

the information electronically available, within 30 days after

receipt of the incomplete application, describing the deficiency

and requesting the additional information. The 90-day period is

tolled upon from the date of notification by the department of

labor and economic growth of a deficiency until the date the

requested information is received by the department. of labor and

economic growth. The determination of the completeness of an

application does not operate as an approval of the application for

the registration, license, or permit and does not confer

eligibility of an applicant determined otherwise ineligible for

issuance of a registration, license, or permit.

(4) (3) If the department of labor and economic growth fails

to issue or deny a registration, license, or permit within the time

required by this section, the department of labor and economic

growth shall return the registration, license, or permit fee and

shall reduce the registration, license, or permit fee for the

applicant's next renewal application, if any, by 15%. The failure

to issue a registration, license, or permit within the time

required under this subsection does not allow the department to

otherwise delay the processing of the application, and that

application, upon on completion, shall be placed the department

shall place the application in sequence with other completed

applications received at that same time. The department of labor

and economic growth shall not discriminate against an applicant in

the processing of the application based upon on the fact that the

registration, license, or permit fee was refunded or discounted

under this subsection.

(5) (4) Beginning October 1, 2005, the director shall submit a

report by December 1 of each year to the standing committees and

appropriations subcommittees of the senate and house of

representatives concerned with occupational issues. The director

shall include all of the following information in the report

concerning the preceding fiscal year:

     (a) The number of initial and renewal applications the

department of labor and economic growth received and completed

within the 90-day time period described in subsection (2).(3).

     (b) The number of applications the department denied.

     (c) The number of applicants that were not issued a permit,

registration, or license within the 90-day time period described in

subsection (3) and the amount of money returned to licensees,

permittees, and registrants under that subsection. (3).

(6) (5) To accomplish the objectives of this section and this

act, a state boiler inspection fund is created as a restricted fund

in the state treasury. The state treasurer is the custodian of the

fund and may invest the surplus of the fund. Earnings from those

investments shall be credited to the fund. The state treasurer

shall notify the director and the legislature of interest credited

and the balance of the fund as of September 30 of each year. The

director shall supervise and administer the fund. Fees received by

the department of labor and economic growth and money collected

under this act shall be deposited in the state boiler inspection

fund and shall be appropriated by the legislature for the

operations of the boiler division and indirect overhead expenses in

the department. of labor and economic growth. Funds that are

unexpended at the end of each fiscal year shall not lapse to the

general fund and shall be returned to the state boiler inspection

fund.

(7) (6) As used in this section, "completed application" means

an application that is complete on its face and is submitted with

any applicable registration, licensing, or permit fees as well as

and with any other information, records, approval, security, or

similar item required by law or rule from a local unit of

government, a federal agency, or a private entity but not from

another department or agency of the this state. of Michigan.

     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 in the armed forces by an individual who was

separated from that service, and provides to the department a form

DD214, form DD215, or any other form that is satisfactory to the

department that demonstrates that he or she was separated from that

service, with an honorable character of service or under honorable

conditions (general) character of service.

     (8) An individual described in subsection (7) 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.