History: L. 1953, ch. 250, § 1; L. 1961, ch. 409, § 2; L. 1965, ch. 458, § 3; L. 1967, ch. 434, § 12; Repealed, L. 1975, ch. 263, § 2; July 1.
History: L. 1953, ch. 250, § 2; L. 1967, ch. 283, § 1; Repealed, L. 1975, ch. 263, § 2; July 1.
History: L. 1953, ch. 250, §§ 3 to 6; Repealed, L. 1975, ch. 263, § 2; July 1.
History: L. 1953, ch. 250, § 7; L. 1957, ch. 298, § 1; L. 1959, ch. 224, § 1; L. 1962, ch. 35, § 1; Repealed, L. 1975, ch. 263, § 2; July 1.
History: L. 1953, ch. 250, § 8; L. 1958, ch. 51, § 1 (Budget Session); Repealed, L. 1975, ch. 263, § 2; July 1.
History: L. 1953, ch. 250, §§ 9 to 11; Repealed, L. 1975, ch. 263, § 2; July 1.
History: L. 1975, ch. 263, § 1; Repealed, L. 1977, ch. 172, § 19; July 1.
History: L. 1977, ch. 172, § 1; L. 1998, ch. 67, § 1; July 1.
(a) "Boiler" means a closed vessel in which water or other liquid is heated, steam or vapor is generated or steam is superheated, or in which any combination of these functions is accomplished, under pressure or vacuum, for use internal or external to itself, by the direct application of energy from the combustion of fuels or of electric or solar power. The term boiler shall also include fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and are complete within themselves.
(b) "Certificate inspection" means an inspection, the report of which is used by the chief inspector to determine whether or not an inspection certificate shall be issued as provided by K.S.A. 44-924 and amendments thereto.
(c) "Heating boiler" means a steam or vapor boiler operating at pressures not exceeding 15 pounds per square inch gauge or a hot water heating boiler operating at pressures not exceeding 160 pounds per square inch gauge or temperatures not exceeding 250° Fahrenheit.
(d) "High pressure, high temperature water boiler" means a water boiler operating at pressures exceeding 160 pounds per square inch gauge or temperatures exceeding 250° Fahrenheit.
(e) "Power boiler" means a boiler in which steam or other vapor is generated at a pressure of more than 15 pounds per square inch gauge.
(f) "Secretary" means the secretary of labor.
(g) "Pressure vessel" means a vessel or container used for the containment of pressure either internal or external in which the pressure is obtained from an external source of vapor, liquid or gas.
(h) "Hot water supply boiler" means a vessel heating water for external uses, by gas, oil, electricity or solar energy that does not exceed 160 psi, or 210° Fahrenheit.
(i) "Inspection fee" means any inspection fees collected pursuant to subsection (a) of K.S.A. 44-926, and amendments thereto, and shall not include any certificate fees collected pursuant to subsection (b) of K.S.A. 44-926, and amendments thereto, and any travel or hotel expense.
History: L. 1977, ch. 172, § 2; L. 1998, ch. 67, § 2; L. 2004, ch. 179, § 81; July 1.
(1) Boilers and pressure vessels under the control of the United States government or federal law;
(2) antique, scale model or other steam boilers which are used exclusively for exhibition purposes and which are inspected by associations that have established an approved inspection procedure and whose inspectors are registered as special inspectors with the boiler safety unit of the state of Kansas, department of labor;
(3) fire engine boilers brought into the state for temporary use in times of emergency;
(4) boilers and pressure vessels located on producing oil and gas leases or storage areas, and outside the limits of any municipality, used solely for oil and gas production purposes;
(5) hot water supply boilers which are directly fired with oil, gas, electricity or solar energy and which are equipped with pressure and temperature safety relief valves approved by the American society of mechanical engineers or the national board of boiler and pressure vessel inspectors, if none of the following limitations is exceeded:
(A) Heat input of 200,000 BTUH;
(B) water temperature of 210° Fahrenheit; and
(C) nominal water capacity of 85 gallons or 120 gallons for an electrical utility generating plant; and
(6) pressure vessels constructed and installed prior to January 1, 1999.
(b) The provisions of subsections (b) and (c) of K.S.A. 44-923, and amendments thereto, and the provisions of K.S.A. 44-924, 44-925 and 44-926, and amendments thereto, shall not apply to:
(1) Boilers and pressure vessels located on farms and used solely for agriculture or horticultural purposes;
(2) heating boilers and pressure vessels which are located in private residences or in apartment houses of less than five family units;
(3) boilers and pressure vessels operated and regularly inspected by railway companies operating in interstate commerce;
(4) any boiler and pressure vessels in any establishment in which petroleum products are refined or processed in which all boiler and pressure equipment is inspected and rated either by an inspection service regularly maintained within such establishment or provided by a manufacturer, designer or insurer of such equipment, in accordance with the applicable provisions of any published code or codes of rules or recommended practices nationally recognized in the industry of which such establishment is a part as providing suitable standards for the inspection, repair and rating of pressure equipment of the type used in such establishment;
(5) pressure vessels used for transportation and storage of compressed gases when constructed in compliance with specifications of the United States department of transportation and when charged with gas marked, maintained and periodically requalified for use, as required by appropriate regulations of the United States department of transportation;
(6) pressure vessels located on vehicles operating under the rules and regulations of other state authorities and used to transport passengers or freight;
(7) pressure vessels installed on the right-of-way of railroads and used in the operation of trains;
(8) pressure vessels having an internal or external operating pressure not exceeding 15 psig with no limit on size;
(9) pressure vessels having an inside diameter, width, height or cross section diagonal not exceeding six inches, with no limitation on length of the vessel or pressure;
(10) pressure vessels for containing water or other nonflammable liquids under pressure, including those containing air, the compression of which serves only as a cushion, when neither of the following limitations is exceeded:
(A) A design pressure of 300 psig; or
(B) a design temperature of 210° Fahrenheit;
(11) pressure vessels which may be classified as pressure containers which are an integral part of components of rotating or reciprocating mechanical devices such as pumps, turbines, generators, engines and hydraulic or pneumatic cylinders, where the primary design considerations and stresses are derived from the functional requirements of the device;
(12) pressure vessels that do not exceed: (A) 15 cubic feet and 250 psi pressure; or (B) 1 1/2 cubic feet in volume and 600 psi pressure; and
(13) pressure vessels installed and constructed before January 1, 1999.
History: L. 1977, ch. 172, § 3; L. 1998, ch. 67, § 3; L. 2004, ch. 179, § 82; July 1.
(b) Rules and regulations adopted hereunder for construction of new boilers and pressure vessels shall be based upon and at all times follow generally accepted nationwide engineering standards, formulae and practices established and pertaining to boiler construction and safety. Such rules and regulations may incorporate by reference specific editions, or portions thereof, of the boiler and pressure vessel code of the American society of mechanical engineers or other approved codes of construction.
(c) Rules and regulations adopted hereunder for the construction, installation, inspection, maintenance and repair of boilers and pressure vessels shall be based upon and at all times follow generally accepted nationwide engineering standards. Such rules and regulations may incorporate by reference specific editions, or portions thereof, of the inspection code of the national board of boiler and pressure vessel inspectors and may require the use of such board's "R" stamp for repairs.
(d) The chief inspector or deputy inspectors may perform inspections of boilers and pressure vessels and issue, upon completion, a special certification showing that such inspection was done in accordance with nationwide engineering standards as adopted by rules and regulations.
History: L. 1977, ch. 172, § 4; L. 1982, ch. 217, § 1; L. 1998, ch. 67, § 4; July 1.
(b) The maximum allowable working pressure of a boiler or pressure vessel carrying the American society of mechanical engineers or other approved code symbol shall be determined by the applicable sections of the code under which it was constructed and stamped.
(c) The maximum allowable working pressure of a boiler or pressure vessel which does not carry the American society of mechanical engineers code symbol shall be computed in accordance with the rules and regulations adopted by the secretary.
(d) This act shall not be construed as in any way preventing the use, sale or reinstallation of a boiler or pressure vessel previously installed in this state, provided it has been made to conform to the rules and regulations governing existing installations and provided it has not been found upon inspection to be in an unsafe condition. If a previously installed boiler or pressure vessel is of special design or construction and the design is consistent with the spirit and safety objectives of this act and rules and regulations, an interested party may request a variance from the secretary to use, sell, or reinstall a nonconforming boiler or pressure vessel.
(e) This act shall not be construed to require a pressure vessel inspection of those pressure vessels moved to a different location by the same owner.
History: L. 1977, ch. 172, § 5; L. 1998, ch. 67, § 5; L. 2000, ch. 46, § 1; July 1.
(b) The chief inspector shall serve under the direction of the secretary and is hereby charged, directed and empowered:
(1) To take action necessary for the enforcement of this act and of the rules and regulations adopted hereunder;
(2) to maintain a complete record of all boilers and pressure vessels to which this act applies, which record shall include the name and address of each owner or user and the type, dimensions, maximum allowable working pressure, age and last recorded inspection of each such boiler or pressure vessel;
(3) to publish and make available copies of rules and regulations adopted hereunder to any person requesting them;
(4) to issue, or to suspend or revoke for cause, inspection certificates as provided in K.S.A. 44-924, and amendments thereto; and
(5) to cause the prosecution of all violators of the provisions of this act or of the rules and regulations adopted hereunder.
History: L. 1977, ch. 172, § 6; L. 1998, ch. 67, § 6; July 1.
History: L. 1977, ch. 172, § 7; L. 1982, ch. 217, § 2; L. 1998, ch. 67, § 7; July 1.
(b) Special inspectors shall receive no salary from, nor shall any of their expenses be paid by, the state, and the continuance of their certificates of competency shall be conditioned upon their continuing in the employ of the boiler insurance company duly authorized as aforesaid and upon their maintenance of the standards imposed by this act and by rules and regulations adopted hereunder.
(c) Special inspectors shall inspect all boilers insured by their respective companies and, when so inspected, the owners and users of such boilers shall be exempt from the payment to the state of the inspection fees provided for in subsection (a) of K.S.A. 44-926 and amendments thereto.
(d) The secretary shall fix, by rules and regulations, certification requirements for inspectors of antique, scale models or other steam boilers used exclusively for exhibition purposes.
History: L. 1977, ch. 172, § 8; L. 1998, ch. 67, § 8; July 1.
History: L. 1977, ch. 172, § 9; L. 1988, ch. 356, § 147; L. 1998, ch. 67, § 9; July 1.
History: L. 1977, ch. 172, § 10; L. 1998, ch. 67, § 10; July 1.
(b) Each boiler used or proposed to be used within this state, except for boilers exempt under K.S.A. 44-915, and amendments thereto, shall be thoroughly inspected as to construction, installation and condition as follows:
(1) Power boilers and high pressure, high temperature water boilers shall receive an annual certificate inspection which shall be an internal inspection, where construction permits, or as complete an inspection as possible, where construction does not permit internal inspection. Such boilers shall also be externally inspected while under pressure.
(2) Steam heating boilers shall receive an annual certificate inspection with an internal inspection every three (3) years where construction permits.
(3) All other boilers subject to this section shall receive an annual certificate inspection with an internal inspection at the discretion of the inspector. An electrical generating utility may apply for, and receive a variance granting such utility up to an additional year between inspections.
(4) A grace period of two months beyond the periods specified in subdivisions (1), (2) and (3) of this subsection may elapse between certificate inspections.
(5) The secretary may provide, by rules and regulations, for longer periods between certificate inspections.
(c) The inspections herein required shall be made by the chief inspector, by a deputy inspector or by a special inspector provided for in this act.
(d) If, at the discretion of the inspector, a pressure test shall be deemed necessary, it shall be made by the owner or user of the boiler.
(e) All pressure vessels installed after January 1, 1999, and boilers, other than cast iron sectional boilers, shall be inspected during construction as required by the applicable rules and regulations by an inspector authorized to inspect boilers and pressure vessels in this state, or, if constructed outside of the state, by an inspector holding a commission issued by the national board of boiler and pressure vessel inspectors. All pressure vessels installed after January 1, 1999, and boilers, regardless of code of construction, shall be registered with the national board of boiler and pressure vessel inspectors.
(f) Hot water supply boilers shall receive an external certificate inspection every three years.
(g) Low pressure hot water supply boilers with a heat input over 400,000 BTUH shall receive an annual external certificate inspection.
(h) Hot water supply boilers over 200,000 BTUH or 120 gallon capacity shall be stamped and registered with the national board of boiler and pressure vessels inspectors.
History: L. 1977, ch. 172, § 11; L. 1998, ch. 67, § 11; July 1.
(b) If a report filed pursuant to subsection (a) of this section shows that a boiler or pressure vessel is found to comply with the rules and regulations adopted hereunder, the owner or user thereof shall pay directly to the chief inspector the certificate fee prescribed by subsection (b) of K.S.A. 44-926, and amendments thereto, and the chief inspector or the chief inspector's duly authorized representative shall issue to such owner or user an inspection certificate bearing the date of inspection and specifying the maximum pressure under which the boiler or pressure vessel may be operated. Such boiler inspection certificate shall be valid for not more than 14 months from its date unless covered by a variance. In the case of those boilers covered by subsection (b) of K.S.A. 44-923, and amendments thereto, for which the secretary has established or extended the operating period between required inspections pursuant to the provisions of subdivision (5) of subsection (b) of K.S.A. 44-923, and amendments thereto, the certificate shall be valid for a period of not more than two months beyond the period set by the secretary. Certificates shall be maintained on site and available upon request.
(c) Whenever a boiler becomes uninsured or there is a change of insurers, the owner or new insurer must notify the chief boiler inspector within 30 days.
(d) The chief inspector or deputy inspector may shut down or suspend the operation of a boiler or pressure vessel in accordance with the Kansas administrative procedure act if the chief inspector or deputy inspector finds that the boiler or pressure vessel cannot be operated without an immediate danger to the public health, safety or welfare or does not comply with the rules and regulations adopted hereunder. The suspension or shutdown of the boiler or pressure vessel shall continue in effect until the owner or operator demonstrates that the danger has been abated and the applicable rules and regulations have been complied with. The chief inspector or deputy inspector shall reinspect the boiler or pressure vessel to ensure it is safe and that applicable rules and regulations have been complied with, before issuing a permit to restart or resume operations.
History: L. 1977, ch. 172, § 12; L. 1998, ch. 67, § 12; July 1.
(b) If an inspection certificate is lost or destroyed, a new certificate shall be issued in its place without another inspection. The secretary may charge a fee for a replacement certificate.
(c) It shall be unlawful for any person, firm, partnership, corporation or other entity to install or operate any boiler or pressure vessel in this state or to construct any boiler or pressure vessel for use in this state in violation of this act or the rules and regulations adopted hereunder, and any such unlawful installation, operation or construction shall constitute a class C misdemeanor. Each day of unlawful installation, operation or construction shall be deemed a separate offense.
History: L. 1977, ch. 172, § 13; L. 1998, ch. 67, § 13; L. 2000, ch. 46, § 2; July 1.
(b) The owner or user of a boiler or pressure vessel for which an inspection certificate is to be issued pursuant to subsection (b) of K.S.A. 44-924, and amendments thereto, shall pay directly to the chief inspector, before issuance of such certificate, a certificate fee fixed by the secretary by rules and regulations of not to exceed $35.
(c) There is hereby created in the state treasury the boiler inspection fee fund. The chief inspector shall pay daily to the secretary all moneys received from the fees established hereunder, and the secretary shall remit all such moneys to the state treasurer in accordance with the provisions of K.S.A. 75-4215 and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Twenty percent of such inspection fees shall be credited to the state general fund and the balance including all of the certificate fees shall be credited to the boiler inspection fee fund. All expenditures from the boiler inspection fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of labor or by a person or persons designated by the secretary.
History: L. 1977, ch. 172, § 14; L. 1978, ch. 196, § 1; L. 1982, ch. 217, § 3; L. 1998, ch. 67, § 14; L. 2000, ch. 46, § 3; L. 2001, ch. 5, § 145; L. 2004, ch. 179, § 83; July 1.
History: L. 1977, ch. 172, § 15; July 1.
(b) Any action of the secretary pursuant to this act is subject to review in accordance with the act for judicial review and civil enforcement of agency actions.
History: L. 1977, ch. 172, § 16; L. 1986, ch. 318, § 63; L. 1988, ch. 356, § 148; L. 1998, ch. 67, § 15; July 1.
History: L. 1977, ch. 172, § 17; L. 1978, ch. 197, § 1; L. 1998, ch. 67, § 16; July 1.
History: L. 1977, ch. 172, § 18; July 1.