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AGENCY UMBRELLA-UNIT NUMBER: 02-174
AGENCY NAME: Department of Licensing and Registration, Office of Licensing and Registration, Board of Boilers and Pressure Vessels

CONTACT PERSON: Cheryl Hersom, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333-0035, 207-624-8605

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2002-2003 RULE-MAKING ACTIVITY:

As a result of P.L. 2001, c. 573, the Board intends to do a complete repeal and replace of its existing rules to conform with the new statutory provisions.

CHAPTER 1: Definitions
STATUTORY AUTHORITY: 32 M.R.S.A. §15104 AND §15109(8)
PURPOSE: The Board intends to repeal and replace this rule to ensure clarity and conformity with the enabling statute.
ANTICIPATED SCHEDULE: Prior to July, 2003.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 2: General Rules Governing Boilers of All Types
STATUTORY AUTHORITY: 32 M.R.S.A. §15104 AND §15109(8)
PURPOSE: The Board intends to repeal this rule governing the general requirements and procedures for the installation of new boilers, the continued operation of existing boilers and repair and alteration of all boilers and to replace it to ensure clarity and conformity with the enabling statute.
ANTICIPATED SCHEDULE: Prior to July, 2003.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 3: Power Boilers
STATUTORY AUTHORITY: 32 M.R.S.A. §15104 and §15109(8)
PURPOSE: The Board intends repeal this rule governing the requirements and procedures for the design, construction, installation and operation of power boilers and to replace it to ensure clarity and conformity with the enabling statute.
ANTICIPATED SCHEDULE: Prior to July, 2003.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 4: Miniature Boilers
STATUTORY AUTHORITY: 32 M.R.S.A. §15104 and §15109(8)
PURPOSE: The Board intends to repeal this rule governing the construction and operation of high pressure boilers which fall into the classification of miniature boilers because of size, heating surface area, volume and pressure limitations and to replace it to ensure clarity and conformity with the enabling statute.
ANTICIPATED SCHEDULE: Prior to July, 2003.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 5: Low Pressure Boilers
STATUTORY AUTHORITY: 32 M.R.S.A. §15104 and §15109(8)
PURPOSE: The Board intends to repeal this rule governing the requirements and procedures for the identification, construction, and installation of low pressure boilers and to replace it to ensure clarity and conformity with the enabling statute.
ANTICIPATED SCHEDULE: Prior to July, 2003.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 6: Pressure Vessels
STATUTORY AUTHORITY: 32 M.R.S.A. §15104 AND §15109(8)
PURPOSE: The Board intends to repeal this rule governing the requirements and procedures for the design, construction, installation, inspection and operation of new pressure vessels and to replace it to ensure clarity and conformity with the enabling statute.
ANTICIPATED SCHEDULE: Prior to July, 2003.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 7: Welding
STATUTORY AUTHORITY: 32 M.R.S.A. §15104, §15109(8) AND §15110
PURPOSE: The Board intends to repeal this rule governing the requirements and procedures to be followed in performing any welded repair, alteration, or piping fabrication on boilers or pressure vessels not exempt by law and to replace it to ensure clarity and conformity with the enabling statute.
ANTICIPATED SCHEDULE: Prior to July, 2003.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 8: Shop Certification
STATUTORY AUTHORITY: 32 M.R.S.A. §15104 AND §15109(8)
PURPOSE: The Board intends to repeal this rule governing the requirements and procedures for inspection and review of the shops fabricating boilers and pressure vessels under ASME Boiler and Pressure Vessel Codes and to replace it to ensure clarity and conformity with the enabling statute.
ANTICIPATED SCHEDULE: Prior to July, 2003.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 9: Boiler Inspectors
STATUTORY AUTHORITY: 32 M.R.S.A. §15104 AND §15109(8)
PURPOSE: The Board intends to repeal this rule governing the qualification and certification of boiler inspectors and to replace it to ensure clarity and conformity with the enabling statute.
ANTICIPATED SCHEDULE: Prior to July, 2003.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 10: Boiler Engineers and Operators
STATUTORY AUTHORITY: 32 M.R.S.A. §15104 AND §15109(8)
PURPOSE: The Board intends repeal this rule governing the examination and licensing of boiler engineers and operators and to replace it to ensure clarity and conformity with the enabling statute.
ANTICIPATED SCHEDULE: Prior to July, 2003.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 11: Welders
STATUTORY AUTHORITY: 32 M.R.S.A. §15104 AND 15109(8)
PURPOSE: The Board intends to repeal this rule governing the qualifications of welders to weld boilers and pressure vessels and to replace it to ensure clarity and conformity with the enabling statute.
ANTICIPATED SCHEDULE: Prior to July, 2003.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 12: Fees
STATUTORY AUTHORITY: 32 MRSA §15104, §15109(3)(A), §15109(8), §15110 and §15118
PURPOSE: The board may repeal existing fee provisions in the event that OLR establishes fees for this board directly pursuant to 10 MRSA §8003(2-A)(D).
ANTICIPATED SCHEDULE: Nothing concrete.
AFFECTED PARTIES: Licensees and the board.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

NEW RULE: Definitions
STATUTORY AUTHORITY: 32 M.R.S.A. §§ 15104-A, 15109
PURPOSE: To establish definitions consistent with Title 32, chapter 131.
ANTICIPATED SCHEDULE: Prior to July, 2003
AFFECTED PARTIES: Licensees, boiler and pressure vessel owners and the general public
CONSENSUS-BASED DEVELOPMENT: Not Contemplated

NEW RULE: Variances
STATUTORY AUTHORITY: 32 M.R.S.A. §§ 15104-A, 15104-B
PURPOSE: To establish the procedure to be followed when seeking a variance
ANTICIPATED SCHEDULE: Prior to July, 2003
AFFECTED PARTIES: Licensees, elevator and tramway owners and the general public
CONSENSUS-BASED DEVELOPMENT: Not Contemplated

NEW RULE: Board Meetings
STATUTORY AUTHORITY: 32 M.R.S.A. §§ 15103, 15104-A
PURPOSE: To establish the procedure for Board meetings.
ANTICIPATED SCHEDULE: Prior to July, 2003
AFFECTED PARTIES: Licensees, boiler and pressure vessel owners and the general public
CONSENSUS-BASED DEVELOPMENT: Not Contemplated

NEW RULE: Advisory Rulings
STATUTORY AUTHORITY: 5 M.R.S.A. § 9001; 32 M.R.S.A. § 15104-A
PURPOSE: To establish the requirements and guidelines to be followed for the issuance of advisory rulings.
ANTICIPATED SCHEDULE: Prior to July, 2003
AFFECTED PARTIES: Licensees, boiler and pressure vessel owners and the general public
CONSENSUS-BASED DEVELOPMENT: Not Contemplated

NEW RULE: National Codes Applicable to Boilers and Pressure Vessels
STATUTORY AUTHORITY: 32 M.R.S.A. § 15104-A
PURPOSE: To establish the safety codes and standards applicable to boilers and pressure vessels installed on the State of Maine.
ANTICIPATED SCHEDULE: Prior to July, 2003
AFFECTED PARTIES: Licensees, boiler and pressure vessel owners and the general public
CONSENSUS-BASED DEVELOPMENT: Not Contemplated

NEW RULE: Boilers
STATUTORY AUTHORITY: 32 M.R.S.A. § 15104-A
PURPOSE: To establish general requirements for the design, construction, installation and operation new and existing boilers of all types, including power boilers, miniature boilers, and low pressure boilers. In addition, the rule may include inspection and reporting requirements and accident reporting requirements.
ANTICIPATED SCHEDULE: Prior to July, 2003
AFFECTED PARTIES: Licensees, boiler owners and the general public
CONSENSUS-BASED DEVELOPMENT: Not Contemplated

NEW RULE: Pressure Vessels
STATUTORY AUTHORITY: 32 M.R.S.A. § 15104-A
PURPOSE: To establish requirements for the design, construction, installation and operation of pressure vessels. In addition, the rule may include inspection and reporting requirements and accident reporting requirements.
ANTICIPATED SCHEDULE: Prior to July, 2003
AFFECTED PARTIES: Licensees, pressure vessel owners and the general public
CONSENSUS-BASED DEVELOPMENT: Not Contemplated

NEW RULE: Welding
STATUTORY AUTHORITY: 32 M.R.S.A. §§ 15104-A, 15110
PURPOSE: To establish requirements for performing welded repairs or alterations and welded piping fabrication on boilers and pressure vessels.
ANTICIPATED SCHEDULE: Prior to July, 2003
AFFECTED PARTIES: Licensees, boiler and pressure vessel fabrication and repair shops, boiler and pressure vessel owners and the general public
CONSENSUS-BASED DEVELOPMENT: Not Contemplated

NEW RULE: Shop Certification
STATUTORY AUTHORITY: 32 M.R.S.A. § 15104-A
PURPOSE: To establish requirements for inspection and review of shops fabricating boilers and pressure vessels under ASME Boiler and Pressure Vessel Codes and shops repairing boilers and pressure vessels under the National Board of Boiler and Pressure Vessels Inspection Code.
ANTICIPATED SCHEDULE: Prior to July, 2003
AFFECTED PARTIES: Licensees, boiler and pressure vessel fabrication and repair shops, boiler and pressure vessel owners and the general public
CONSENSUS-BASED DEVELOPMENT: Not Contemplated

NEW RULE: Boiler and Pressure Vessel Owners' Duties and Responsibilities
STATUTORY AUTHORITY: 32 M.R.S.A. §§ 15104-A, 15121
PURPOSE: To establish the general duties and responsibilities of owners of boilers and pressure vessels.
ANTICIPATED SCHEDULE: Prior to July, 2003
AFFECTED PARTIES: Licensees, boiler and pressure vessel owners and the general public
CONSENSUS-BASED DEVELOPMENT: Not Contemplated

NEW RULE: Boiler Inspectors
STATUTORY AUTHORITY: 32 M.R.S.A. § 15104-A
PURPOSE: To establish the requirements for qualification and certification of boiler inspectors.
ANTICIPATED SCHEDULE: Prior to July, 2003
AFFECTED PARTIES: Licensees
CONSENSUS-BASED DEVELOPMENT: Not Contemplated

NEW RULE: Stationary Steam Engineers, High Pressure Boiler Operators, Low Pressure Boiler Operators
STATUTORY AUTHORITY: 32 M.R.S.A. § 15104-A
PURPOSE: To establish the examination and licensing and requirements for stationary steam engineers, high pressure boiler operators and low pressure boiler operators.
ANTICIPATED SCHEDULE: Prior to July, 2003
AFFECTED PARTIES: Licensees
CONSENSUS-BASED DEVELOPMENT: Not Contemplated

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