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HB-85 Presentation for BPV Stakeholders Week of 8/22/2010. Karl Kraft Chief Boiler Inspector. OUTLINE. I. References II. Overview Of The Program III. HB-85 in a Nutshell IV. Existing Law, Regs & Policy V. The Process VI. Frequently Asked Questions. OUTLINE. I. References
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HB-85 PresentationforBPV StakeholdersWeek of 8/22/2010 Karl Kraft Chief Boiler Inspector
OUTLINE I. References II. Overview Of The Program III. HB-85 in a Nutshell IV. Existing Law, Regs & Policy V. The Process VI. Frequently Asked Questions
OUTLINE I. References II. Overview Of The Program III. HB-85 in a Nutshell IV. Existing Law, Regs & Policy V. The Process VI. Frequently Asked Questions
I. References A. BPV Safety Law and Regulations 1. LAW - Annotated Code of Maryland, Public Safety Article, Title 12, Subtitle 9 2. REGs - COMAR - Code of Maryland Regulations, Public Safety Article, Title 9, Subtitle 12
I. References B. House Bill HB-85, 2010 Legislature C. Database of Maryland BPVs D. Operational Policies
OUTLINE I. References II. Overview Of The Program III. HB-85 in a Nutshell IV. Existing Law, Regs & Policy V. The Process VI. Frequently Asked Questions
II. Overview of the Program 1. Chart of Inventory
II. Overview of the Program 2. Chart of Overdues
II. Overview of the Program 3. Chart of Overdues – Last Inspection
II. Overview of the Program 4. Chart of NEW Objects
II. Overview of the Program 5. Chart of Violations
II. Overview of the Program A. State of the BPVs in Maryland 6. Analysis a) Inventory (1) 25000 periodic inspections per year (2) 3000 new objects added each year (3) 4000 change of status per year
II. Overview of the Program A. State of the BPVs in Maryland 6. Analysis b) Overdues (1) In 2008 overdues peaked at 15,000 (2) Progress since then, but not enough (3) Each overdue may be a catastrophe waiting to happen
II. Overview of the Program A. State of the BPVs in Maryland 6. Analysis c) Violations (1) 1200 opened per year (2) 600 closed per year
II. Overview of the Program A. State of the BPVs in Maryland 7. Commissioned Inspectors a) 10 = Deputy Inspectors b) 30 = Special Inspectors active c) More Inspectors needed d) Source for more inspectors is additional In-Service Authorized Inspection Agencies (AIAs) e) Thus HB-85
OUTLINE I. References II. OverviewOf The Program III. HB-85 in a Nutshell IV. Existing Law, Regs & Policy V. The Process VI. Frequently Asked Questions
III. HB-85 in a nutshell A. OWNER SHALL 1. If NOT insured, CONTRACT with an AIA
III. HB-85 in a nutshell B. AIA (Insurer or Non-Insurer) SHALL 1. File report on a) Each cert inspection b) Any other inspection for which a report is required 2. Notify Chief within 24 hours after inspection of hazardous condition. 3. Maintain a Quality Assurance Program. a) Make it available for inspection, or b) Submit evidence of NB-369 accreditation
III. HB-85 in a nutshell C. AIA (Insurer) SHALL 1. Inspect the insured BPV with a) Special employed by Insurer OR b) Special employed by contracted AIA
III. HB-85 in a nutshell D. Chief Boiler Inspector or Deputy SHALL 1. Investigate accidents and explosions 2. Investigate complaints about operation of BPVs 3. Monitor inspections of Special Inspectors
III. HB-85 in a nutshell E. Chief Boiler Inspector or Deputy MAY 1. Inspect New Installations 2. Inspect Repairs and Alterations 3. Inspect Antique and Model BPVs
III. HB-85 in a nutshell F. FEE for inspections by Deputies 1. $0 = Initial cert inspection 2. $50 = Followup inspection to determine compliance 3. $15 = Antique or model inspection 4. $0 = Investigation of accident or complaint 5. $250/per half day plus expenses = other inspections, e. g., fabricaton, repair, alteration, ASME/NB review, other
OUTLINE I. References II. Overview Of The Program III. HB-85 in a Nutshell IV. Existing Law, Regs & Policy V. The Process VI. Frequently Asked Questions
IV. Existing Law, Regs & Policy A. Owner SHALL 1. Do Maintain BPV and records 2. Do get periodic inspections 3. Do periodic reregistration 4. Do not operate with out a Certificate of Inspection 5. Do operate in accordance with Stationary Engineer Law
IV. Existing Law, Regs & Policy B. AIA (Insurer) SHALL 1. Conduct the cert inspection for each insured BVP by the due date 2. Develop and maintain a database of insured BPVs
IV. Existing Law, Regs & Policy C. AIA (Insurer or Non-Insurer) SHALL 1. File inspection report within 30 days after inspection
IV. Existing Law, Regs & Policy C. AIA (Insurer or Non-Insurer) SHALL 2. Be in the format required by Regs a) In electronic format acceptable to Chief (1) Through web interface with Jurisdiction On Line, or (2) Through email as XML attachment (a) Directly to JOL, or (b) Through State server to JOL b) If not filed in the required format AIA SHALL pay a filing fee
IV. Existing Law, Regs & Policy C. AIA (Insurer or Non-Insurer) SHALL 3. Notify Chief within 24 hours after inspection of hazardous condition. 4. Maintain a Quality Assurance Program. a) Make it available for inspection, or b) Submit evidence of NB-369 accreditation
IV. Existing Law, Regs & Policy D. COMMISSIONED BOILER INSPECTOR SHALL 1. Maintain his commission a) Remain employed by AIA b) Remain commissioned by NB c) Keep informed about Maryland BPV Law & Regs
IV. Existing Law, Regs & Policy E. ENFORCEMENT 1. COMMISSIONER MAY assess a civil penalty a) AIA (Insurer and Non-Insurer) b) Commissioned Inspector c) Installer d) Owner e) User 2. STATES ATTORNEY may prosecute as a misdemeanor
OUTLINE I. References II. Overview Of The Program III. HB-85 in a Nutshell IV. Existing Law, Regs & Policy V. The Process VI. Frequently Asked Questions
V. The Process A. Owner 1. About 90 days before your inspection due date, you will receive a reminder notice from the State. Included will be a re-registration form. a) At least 60 days before the inspection due date, contract with an AIA to perform your inspections before the inspection due date. b) At least 30 days before the inspection due date, complete and return the re-registration form
V. The Process A. Owner 2. Prepare your object and its documents for inspection to be ready on the inspection day. It may take several days to prepare.
V. The Process A. Owner 3. On the inspection day, cooperate with the inspector and receive from him an inspection report which you both have signed.
V. The Process A. Owner 4. Within the time allowed by the inspector, abate each non-conformance, if any, noted by the inspector. 5. Schedule and complete the followup inspection to verify compliance.
V. The Process A. Owner 6. Expect to receive your Certificate of Inspection within 14 days after it is successfully received by the State's database manager.
V. The Process A. Owner 7. If State does not receive inspection report from AIA, then 45 days after inspection due date, you will receive a reminder from the State. 8. If State does not receive inspection report from AIA, then 60 days after inspection due date, you will receive a citation with penalty from the Commissioner.
V. The Process B. AIA (Insurer and Non-insurer) 1. Obtain accreditation from the National Board as an In-Service Inspection Agency in accordance with the NB-369 document 2. After NB accreditation, apply for Maryland commissions as Special Inspectors for your employees.
V. The Process B. AIA (Insurer and Non-insurer) 3. Contract with your customer to perform a certificate inspection of a BPV. 4. Perform the certificate inspection. 5. Perform a followup inspection to verify compliance for each non-conformance noted. 6. Submit the each inspection report within 30 days of the inspection date.
V. The Process C. AIA (Non-insurer) 1. Contract ONLY with a customer which IS NOT INSURED.
V. The Process D. Installer 1. Notify in writing at least 30 days prior to installation. a) Complete the "Notice of Installation Form". b) Fax, snail mail or email.
V. The Process D. Installer 2. CSD-1 is enforced. Present the completed Appendix C (CG-500) to the owner and the inspector. 3. Coordinate with owner's AIA for first inspection. 4. After first inspection is satisfactory and accepted by State, coordinate with BIU for State's Initial Inspection.
V. The Process D. Installer 5. Object may be tested, but SHALL NOT be operated without a Certificate of Inspection. 6. NOTE: Maryland Boiler Law and Regs do NOT recognize International Mechanical Code. See COMAR.
OUTLINE I. References II. Overview Of The Program III. HB-85 in a Nutshell IV. Existing Law, Regs & Policy V. The Process VI. Frequently Asked Questions
VI. Frequently Asked Questions A. When does this change occur? 1. Friday 10/1/2010
VI. Frequently Asked Questions B. Where can I find list of AIAs? 1. Link from Boiler Inspection Unit website 2. www.dllr.maryland.gov/labor/safety/boil.shtml
VI. Frequently Asked Questions C. How do I become an Inspector? 1. An in-service Authorized Inspection Agency: a) is accredited in accordance with NB-369 by the National Board of Boiler and Pressure Vessel Inspectors (NB) ( http://www.nationalboard.org/ ), and
VI. Frequently Asked Questions C. How do I become an Inspector? 1. An in-service Authorized Inspection Agency: b) employs inspectors who are: (1) commissioned by the National Board, and (2) commissioned by the Maryland DLLR Commissioner of Labor and Industry in accordance with Annotated Code of Maryland, Public Safety Article, 12-907, and
VI. Frequently Asked Questions C. How do I become an Inspector? 1. An in-service Authorized Inspection Agency: c) complies with the (1) Annotated Code of Maryland, Public Safety Article, Title 12, Subtitle 9 and (2) Code of Maryland Regulations (COMAR), Public Safety Article, Title 9, Subtitle 12.
VI. Frequently Asked Questions D. Are churches (schools, State, etc) exempt? 1. All pressure retaining items in Maryland are under the jurisdiction of the Commissioner of Labor and Industry unless specifically exempted.