Tenn. Comp. R. & Regs. 0800-03-03-.01 - DEFINITIONS

(1) "Act" means the provisions of Tennessee Code Annotated (T.C.A.), Title 68, Chapter 122.

(2) "Alteration" means a change in any item described on the original Manufacturer's Data Report which affects the pressure containing capability of the boiler or pressure vessel. Non-physical changes, such as an increase in the maximum allowable working pressure (internal or external), increase in design temperature, or a reduction in minimum temperature of a boiler or pressure vessel shall be considered an alteration.

(3) "ANSI" means the American National Standards Institute.

(4) "API" means the American Petroleum Institute.

(5) "Approved" means approved by the Board of Boiler Rules.

(6) "ASME Code" means the American Society of Mechanical Engineers Code.

(7) "Authorized Inspection Agency" means:

(a) A jurisdiction as defined by paragraph (21) of this rule; or

(b) An insurance company which has been licensed or registered by the appropriate authority of a state of the United States or a province of Canada to write boiler and pressure vessel insurance and to provide all inspection services required by the Act for boilers and pressure vessels insured by such company in this State. See NB-369, Accreditation of Authorized Inspection Agencies (AIAs) Performing Inservice Inspection Activities.

(8) "Board" means the Board of Boiler Rules.

(9) "Boiler" means and includes a closed vessel or vessels intended for use in heating water or other liquids or for generating steam or other vapors under pressure or vacuum by the direct application of heat from combustible fuels, electricity, or nuclear energy, and also includes an unfired pressure vessel, meaning a vessel in which pressure is obtained from an external source or from an indirect application of heat.

(a) "Electric boiler" means a power or heating boiler in which the source of heat is electricity. See ASME Code, Section I, PEB-2 and Section IV, Preamble.

(b) "Heating boiler" means a steam or vapor boiler operating at pressures not exceeding 15 psig or a hot water boiler operating at pressures not exceeding 160 psig or temperatures not exceeding 250°F. See ASME Code, Section IV, HG-101.1.

(c) "Heat recovery boiler" means a vessel or system of vessels comprised of one (1) or more heat exchanger surfaces used for the recovery of waste heat. See ASME Code, Section VIII, Division 1, U-1(g)(2).

(d) "High-temperature water boiler" means a water boiler intended for operation at pressures in excess of 160 psig or temperatures exceeding 250°F. See ASME Code, Section I, PG-2.1(b).

(e) "Hot water heating boiler" means a boiler in which no steam is generated, from which hot water is circulated for heating purposes and then returned to the boiler, and which is operated at a pressure not exceeding 160 psig and/or a temperature of 250ºF at or near the boiler outlet. See ASME Code, Section IV, HG-101.1(b) and (c).

(f) "Hot water supply boiler" means a boiler completely filled with water that furnishes hot water to be used externally to itself at pressures not exceeding 160 psig and/or a temperature of 250ºF at or near the boiler outlet. See ASME Code, Section IV, HG-101.1(b) and (c).

(g) "Miniature boiler" means a power or high-temperature water boiler which does not exceed the following limits:

1. 16 inches inside diameter of shell;

2. 20 square feet of heating surface (not applicable to electric boilers);

3. 5 cubic feet of gross volume exclusive of casing and insulation; and

4. 100 psig maximum allowable working pressure. See ASME Code, Section I, PMB-2.1.

(h) "Portable recovery boiler" means a vessel or system of vessels comprised of one or more heat exchanger surfaces used for the recovery of waste heat.

(i) "Potable water heater", including an instantaneous water heater, means a heater supplying potable water for commercial purposes in which the pressure does not exceed 160 psig and the temperature does not exceed 210ºF. See ASME Code, Section IV, Part HLW Introduction.

(j) "Power boiler" means a boiler in which steam or other vapor is generated at a pressure of more than 15 psig. See ASME Code, Section 1, PG-2.1(a).

(k) "Steam heating boiler" means a steam boiler for operation at pressures not exceeding 15 psig. See ASME Code, Section IV, HG-101.1(a).

(l) "Unfired steam boiler" means an unfired pressure vessel or system of unfired pressure vessels intended for operation at a pressure in excess of 15 psig steam for the purpose of producing and controlling an output of thermal energy. See ASME Code, Section I Preamble and Section VIII, Division 1, U-1(g)(1).

(m) "Waste heat boiler" means an unfired pressure vessel or system of unfired pressure vessels intended for operation in excess of 15 psig steam for the purpose of producing and controlling an output of thermal energy. See ASME Code, Section VIII, Division 1, U-1(g)(2).

(10) "BTU/hr" means British Thermal Units per hour.

(11) "Certificate inspection" means an inspection, the report of which is used by the Chief Inspector or Chief Inspector's Designee as justification for issuing, withholding, suspending or revoking a certificate of inspection. This certificate inspection shall be an internal inspection when required; otherwise, it shall be as complete an inspection as possible.

(a) "Internal inspection" means an inspection that can reasonably be conducted as assessed by the inspector according to the inspection or review on the internal and external surfaces of a boiler or pressure vessel while it is shut down and the manhole plates, handhole plates or other inspection opening closures are removed.

(b) "External inspection" means an inspection made when a boiler or pressure vessel is in operation, if possible.

(12) "Certificate of competency" means a certificate issued to a person who has passed the examination prescribed by the Board pursuant to T.C.A. § 68-122-109.

(13) "Certificate of inspection" means a certificate issued for operation of a boiler or pressure vessel as required in T.C.A. § 68-122-111.

(14) "Commission" means the commission issued by the National Board of Boiler and Pressure Vessel Inspectors to a holder of a certificate of competency who desires to make shop or field inspections in accordance with the National Board Rules for Commissioned Inspectors, and whose employer submits the inspector's application to the National Board for such commission. See NB-263, Rules for National Board Inservice and New Construction Commissioned Inspectors.

(15) "Condemned boiler or pressure vessel" means a boiler or pressure vessel that has been inspected and declared unsafe, or disqualified by legal requirements, by an inspector qualified to take such action who has applied a stamping or marking designating its rejection.

(16) "Department" means the Tennessee Department of Labor and Workforce Development.

(17) "Existing installation" means any boiler constructed, installed, placed in operation, or contracted for before July 1, 1955.

(18) "Historic power boilers" means any steam traction engine, portable or stationary, standard or nonstandard power boiler, including free-lance and scale models, owned by publicly operated museums, non-profit organizations and individuals who preserve, maintain, exhibit and only occasionally operate these boilers on a not-for-profit basis and for the primary purpose of perpetuating the agricultural and pioneer heritage of Tennessee.

(a) This definition shall be interpreted to include the following two (2) types of historic boilers:

1. Traditional: Any steam traction engine, portable or stationary, standard or nonstandard power boiler that was constructed prior to July 1, 1949.

2. Nontraditional: Any free-lance and scale models, standard or nonstandard power boiler that was constructed after July 1, 1949.

(i) Free-lance is any nontraditional historic power boiler built without original drawings, calculations or blueprints.

(ii) Scale model is any nontraditional historic power boiler built as an exact or scale replica of a traditional historic power boiler.

(19) "Inspector" means the Chief Inspector, Deputy Inspector, or Special Inspector.

(a) Chief Inspector is the Chief Boiler and Pressure Vessel Inspector appointed pursuant to T.C.A. § 68-122-106.

(b) Deputy Inspector is any inspector appointed pursuant to T.C.A. § 68-122-107.

(c) Special Inspector is an inspector holding a Tennessee certificate of competency, and who is continuously employed by an insurance company authorized to insure against loss from explosion of boilers or pressure vessels in this State, or a company owning or operating pressure vessels (Owner-User Inspection Agency) in this State for the purposes of making inspections of pressure vessels used or to be used by such company, and provided such company complies with the requirements of T.C.A. § 68-122-108.

1. A special inspector shall receive no salary from, nor shall any of their expenses be paid by, the State, and the continuance of a special inspector's commission shall be conditioned upon the special inspector continuing in the employ of a boiler insurance company duly authorized as aforementioned or upon continuing in the employ of a company operating unfired pressure vessels in this State, and upon the special inspector's maintenance of the standards imposed by the Act.

2. A special inspector of a company operating unfired pressure vessels shall not be authorized to inspect boilers.

3. A special inspector shall inspect all boilers and unfired pressure vessels insured or all unfired pressure vessels operated by their respective companies and, when so inspected, the owners and users of such boilers and unfired pressure vessels shall be exempt from the payment to the State of the inspection fees as provided for in T.C.A. § 68-122-113.

4. A special inspector shall submit inspection reports in accordance with subparagraphs (a), (b), and (d) of Rule 0800-03-03-.05(10).

(20) "Installation permit" means a permit issued by the Chief Inspector or Chief Inspector's Designee for authorization to install a boiler or pressure vessel in accordance with Rule 0800-03-03-.04(1).

(21) "Jurisdiction" means a state, commonwealth, county or municipality of the United States or a province of Canada which has adopted one (1) or more sections of the ASME Code, one (1) of which is Section I, and maintains a duly constituted department, bureau or division for the purpose of enforcement of such Code.

(22) "Lethal service (pressure vessel)" means a pressure vessel stamped "lethal service" which contains, under pressure, poisonous gas or liquids of such a nature that a very small amount of the gas or of the vapor of the liquid mixed or unmixed with air is dangerous to life when inhaled. See Footnote in ASME Code, Section VIII, Division 1, UW-2(a).

(23) "Licensed Boiler Erectors and Repairers Contractor" means a person, corporation, partnership or firm authorized to engage in the repair or erection of steam boilers, steam kettles, pressure tanks or steam generators.

(24) "Lined potable water heater" means a water heater with a corrosion-resistant lining used to supply potable hot water. See ASME Code, Section IV, Part HLW.

(25) "National Board (NB)" means The National Board of Boiler and Pressure Vessel Inspectors, 1055 Crupper Avenue, Columbus, Ohio 43229-1183.

(26) "National Board Inspection Code (NBIC)" means the code for the repair, alteration and inspection of boilers and pressure vessels published by the NB's publishing partner, ViaTech.

(27) "New installation" means any boiler constructed, installed, placed in operation or contracted for after July 1, 1949 and any pressure vessel constructed, installed, placed in operation or contracted for after July 1, 1955.

(28) "NFPA" means the National Fire Protection Association, Inc.

(29) "Non-certificate inspection" means any inspection of a boiler or pressure vessel the result of which does not warrant the issuance of a certificate of inspection.

(30) "Nonstandard boiler or pressure vessel" means a boiler or pressure vessel that does not bear the ASME Certification Mark and Certification Designator, the API Code symbol stamp, or the stamp of any jurisdiction which has adopted a standard of construction equivalent to that required by the Board.

(31) "Nuclear power plant" means one (1) or more nuclear power systems and containment systems.

(32) "Nuclear power system" means a system that serves the purpose of producing and controlling an output of thermal energy from nuclear fuel and those associated systems essential to the functions of the power system. The components of the system include such items as pressure vessels, piping systems, pumps, valves and storage tanks.

(33) "Owner or User" means any person, firm or corporation legally responsible for the safe installation, operation and maintenance of any boiler or pressure vessel within the jurisdiction.

(34) "Owner-User Inspection Agency" means an owner or user of pressure vessels who maintains a regularly established inspection department, whose organization and inspection procedures generally meet the requirements of the NB rules and are acceptable to the Board. See NB-371, Accreditation of Owner-User Inspection Organizations (OUIO).

(35) "Pressure vessel" means a vessel in which the pressure is obtained from an external source, or by the application of heat from an indirect source, or from a direct source other than those boilers defined in subparagraphs (a) - (m) of paragraph (9) of this rule.

(36) "Psig" means pounds per square inch gauge.

(37) "Reinstalled boiler or pressure vessel" means a boiler or pressure vessel removed from its original setting and reinstalled at the same location without change of ownership.

(38) "Repair" means the work necessary to restore a boiler or pressure vessel to a safe and satisfactory operating condition provided there is no deviation from the original design. See NB--23, NBIC Part 3, Section 3, Repairs and Alterations.

(39) "Second-hand boiler or pressure vessel" means a boiler or pressure vessel which has changed location since last used.

(40) "Special Inspection" means:

(a) Inspection of a boiler or pressure vessel (stamped lethal service) upon installation by permit, subject to the fees in accordance with Rule 0800-03-03-.14(10);

(b) Boilers and pressure vessels (stamped lethal service) discovered to be installed without an installation permit. The owner or user shall be assessed a fee set by the Chief Inspector or Chief Inspector's Designee in accordance with T.C.A. § 68-122-113 plus all expenses allowed therein and Rule 0800-03-03-.14(10); or

(c) An additional inspection deemed appropriate and necessary by the Chief Inspector or Chief Inspector's Designee, subject to a fee in accordance with T.C.A. § 68-122-113 plus all expenses allowed therein and Rule 0800-03-03-.14(10).

(41) "Standard boiler or pressure vessel" means a boiler or pressure vessel which bears the stamp of this State, the ASME Certification Mark and Certification Designator, the API Code symbol stamp, or the stamp of another jurisdiction which has adopted a standard of construction equivalent to that required by the Board.

(42) "Supplemental documentation" means additional material used in the determination of a safe and proper construction, installation, repair, use and operation of boilers and pressure vessels in this State.

Notes

Tenn. Comp. R. & Regs. 0800-03-03-.01

Original rule filed May 16, 1986; effective June 15, 1986. (Formerly rule 0780-2-11-.01) Amendment filed March 27, 1991; effective June 29, 1991. Amendment filed May 7, 1992; effective August 29, 1992. Amendment filed June 27, 2000; effective October 28, 2000. Amendment filed June 17, 2002; effective October 28, 2002. Repeal and new rule filed November 21, 2005; effective March 30, 2006. Amendment filed February 6, 2006; effective June 28, 2006. Amendments and new rules filed June 16, 2016; effective 9/14/2016.

Authority: T.C.A. §§ 4-5-202, 68-122-101, 68-122-102, 68-122-104, 68-122-106, 68-122-107, 68-122-108, 68-122-109, 68-122-111, 68-122-113, and 68-122-202.