By: Springer S.B. No. 1806
A BILL TO BE ENTITLED
AN ACT
relating to the exemption of miniature boilers that are integrated
as a component of a medical device regulated by the United States
Food and Drug Administration and unfired pressure vessels contained
within an autoclave from boiler inspection requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 755.001, Health and Safety Code, is
amended to read as follows:
Sec. 755.001. DEFINITIONS. In this chapter:
(1) "Alteration" means a substantial change in an original
design.
(2) "Board" means the board of boiler rules.
(3) "Boiler" means:
(A) a heating boiler;
(B) a nuclear boiler;
(C) a power boiler;
(D) an unfired steam boiler; or
(E) a process steam generator.
(4) "Certificate inspection" means the required internal or
external boiler inspection, the report of which is used by the chief
inspector to decide whether to issue a certificate of operation.
(5) "Certificate of operation" means a certificate issued
by the executive director to allow the operation of a boiler.
(6) "Commission" means the Texas Commission of
Licensing and Regulation.
(7) "Department" means the Texas Department of Licensing
and Regulation.
(7-a) "Executive director" means the executive director
of the department.
(8) "External inspection" means an inspection of the
exterior of a boiler and its appurtenances that is made, if
possible, while the boiler is in operation.
(9) "Heating boiler" means a steam heating boiler, hot water
heating boiler, hot water supply boiler, or potable water heater
that is directly fired with oil, gas, solar energy, electricity,
coal, or other solid or liquid fuel.
(10) "High-temperature water boiler" means a water boiler
designed for operation at pressures exceeding 160 pounds per square
inch or temperatures exceeding 250 degrees Fahrenheit.
(11) "Hot water heating boiler" means a boiler designed for
operation at a pressure not exceeding 160 pounds per square inch or
temperatures not exceeding 250 degrees Fahrenheit at or near the
boiler outlet.
(12) "Hot water supply boiler" means a boiler designed for
operation at pressures not exceeding 160 pounds per square inch or
temperatures not exceeding 250 degrees Fahrenheit at or near the
boiler outlet if the boiler's:
(A) heat input exceeds 200,000 British thermal units
per hour;
(B) water temperature exceeds 210 degrees Fahrenheit;
or
(C) nominal water-containing capacity exceeds 120
gallons.
(13) "Inspection agency" means an authorized inspection
agency providing inspection services.
(14) "Inspector" means the chief inspector, a deputy
inspector, or an authorized inspector.
(15) "Internal inspection" means a complete and thorough
inspection of the interior waterside and fireside areas of a boiler
as construction allows.
(16) "Miniature boilers" means boilers designed and
constructed not to exceed the following dimensions:
(a) 16 inches inside diameter of shell;
(b) 20 square feet of heating surface (not applicable
to electric boilers);
(c) 5 cubic feet of gross volume exclusive of casing
and insulation; and
(d) 100 psig maximum allowable working pressure.
(17) (16) "Nuclear boiler" means a nuclear power plant
system, including its pressure vessels, piping systems, pumps,
valves, and storage tanks, that produces and controls an output of
thermal energy from nuclear fuel and the associated systems
essential to the function of the power system.
(18) (17) "Portable boiler" means a boiler primarily intended
for use at a temporary location.
(19) (18) "Potable water heater" means a boiler designed for
operation at pressures not exceeding 160 pounds per square inch and
water temperatures not exceeding 210 degrees Fahrenheit if the
boiler's:
(A) heat input exceeds 200,000 British thermal units
per hour; or
(B) nominal water-containing capacity exceeds 120
gallons.
(20) (19) "Power boiler" means:
(A) a high-temperature water boiler; or
(B) a boiler in which steam is generated at a pressure
exceeding 15 pounds per square inch for a purpose external to the
boiler.
(21) (20) "Process steam generator" means an evaporator, heat
exchanger, or vessel in which steam is generated by the use of heat
resulting from the operation of a processing system that contains a
number of pressure vessels, such as used in the manufacture of
chemical and petroleum products.
(22) (21) "Repair" means the work necessary to return a
boiler to a safe and satisfactory operating condition without
changing the original design.
(23) (22) "Safety appliance" means a safety device such as a
safety valve or a safety relief valve for a boiler provided to
diminish the danger of accidents.
(24) (23) "Standard boiler" means a boiler that bears a Texas
stamp, the stamp of a nationally recognized engineering
professional society, or the stamp of any jurisdiction that has
adopted a standard of construction equivalent to the standard
required by the executive director.
(24-a) (23 a) "Steam cooker" means a steam heating boiler
that is:
(A) designed to steam cook food;
(B) operated at a pressure not exceeding five pounds
per square inch; and
(C) equipped with a safety appliance operated at a
pressure not exceeding five pounds per square inch.
(25)(24) "Steam heating boiler" means a boiler designed for
operation at pressures not exceeding 15 pounds per square inch.
(26)(25) "Unfired steam boiler" means an unfired pressure
vessel in which steam is generated. The term does not include:
(A) vessels known as evaporators or heat exchangers; or
(B) vessels in which steam is generated by using the
heat that results from the operation of a processing system that
contains a number of pressure vessels, as used in the manufacture of
chemical and petroleum products.
SECTION 2. Subsection (a), Section 755.022, Health and
Safety Code, is amended to read as follows:
(a) This chapter does not apply to:
(1) boilers owned or operated by the federal
government;
(2) pressure vessels or process steam generators, other
than steam collection or liberation drums of process steam
generators;
(3) manually fired miniature boilers that:
(A) are constructed or maintained for
locomotives, boats, tractors, or stationary engines only as a hobby
for exhibition, recreation, education, or historical purposes and
not for commercial use;
(B) have an inside diameter of 12 inches or less
or a grate area of two square feet or less; and
(C) are equipped with a safety valve of adequate
size, a water level indicator, and a pressure gauge;
(4) boilers that are designed for operation only at
atmospheric pressure and that are equipped with two independent
means to prevent the buildup of pressure;
(5) steam cookers; or
(6) espresso machines;
(7) Miniature boilers, as defined in Sec. 755.001(16)
of this Chapter, that are integrated as a component of a medical
device regulated by the United States Food and Drug Administration;
or
(8) Unfired pressure vessels contained within an
autoclave.
SECTION 3. This Act takes effect September 1, 2023.