• There is a new propane safety act, which will require regulations on the use of propane gas as well as credentialing requirements for installers of propane tanks.
• The Wisconsin Commercial Building Code (WCBC) has been approved by the legislature and will go into effect March 1, 2008.  However, the requirements relating to sprinklers will not go into effect until January 1, 2011.
• There is currently a proposal in the legislature to mandate a uniform WCBC, which would be similar to the Uniform Dwelling Code.

• Comm 41.01 and 41.02 were modified to clarify the scope and purpose by eliminating specific references to public buildings and places of employment.  The requirements relating to the installation of boilers under chapter Comm 41 will also apply to boilers installed in one-and two-family dwelling units.
• Comm 41.03 was created to clarify department authority, retroactivity and conflicts between different code sections.
• Comm 41.04 (38), definition of solid fuel-fired heating appliance was modified to state these appliances must be atmospherically vented equipment.
• Comm 41.10 relating to the adoption of standards will be updated to the most current edition of the standards and an informational note will be added that ASME Parts VI and VII may be used as guidance material.
• Comm 41.28 (3) relating to maneuverability space around boilers and pressure vessels will be clarified.  It was suggested to use wording similar to the IMC section 1004.3 relating to working clearances to permit inspection, servicing, repair, replacement and visibility of guages.
• Comm 41.29 (2) (b), relating to temperature controls, the wording will be clarified and by listing the requirements individually as opposed to including all of the requirements in one paragraph.
• Comm 41.49 has been updated to reflect the wording change to ?solid fuel-fired equipment and a requirement specifying that any piping or tubing must be installed in accordance with the manufacturer?s instructions.
• Comm 41.61 (2), relating to repairs to boilers and testing of the parts will be eliminated.
• Comm 41.92 (1) and (2) relating to internal inspection and hydrostatic pressure tests will be repealed and the requirements under (3) will be reorganized and rewritten for clarity.

Thursday, December 13, 2007, 9:30 a.m. to 2:30 p.m., UW ? Madison Agricultural Research Station, 8502 Mineral Point Road, Madison, Wisconsin

COUNCIL MEMBER ATTENDANCE:
William Andrea (Present), Joe Bena (Present), Peter Burno (Present), Jay Ehrfurth (Present), Daniel Hegyi (Present), Don Mathes (Present), Michael Mamayek (Present), Paul Prill (Present), Randy Pucek    (Present), Mark Rudek (Present)

VISITORS:
Ralph Rockwood, HSBCT

Department of Safety and Professional Services STAFF:
Rick Merkle, Integrated Services Bureau; Mike Verhagen, Integrated Services Bureau; Dave Homan, Integrated Services Bureau; Joe Hertel, Program Development Bureau; Diane Meredith, Program Development Bureau; Amanda Berry, Program Development Bureau

Welcome and Introductions:
Joe Hertel opened the meeting with a round of introductions.  He reviewed the meeting agenda.

Review of Progress Report:
Joe Hertel reviewed the progress report from the October 31, 2007 meeting.  It was accepted by the Council as written.

Election of Chairperson and Vice-Chairperson:
Joe Hertel opened the floor for council Chairperson and Vice-Chairperson nominations. 
?   William Andre was elected as Chairperson by unanimous vote.
?   Jay Ehrfurth was elected as Vice Chairperson by unanimous vote.

Division Updates:
Joe Hertel updated the members on legislative and Division activity:
?    The new building code has been approved by the legislature and will go into effect March 1, 2008.  However, the section on sprinklers will not go into effect until January 1, 2011.
?    Jack Fischer has been appointed by Governor Doyle as the new Department of Commerce Secretary. 
?    Expect the Division to update Comm 2, relating to fee schedules.  There will be an increase in fees to cover the cost of inspections and programs. 
?    There is currently a proposal in the legislature to mandate a state-wide commercial building code. 

Review ASME CSD-1-2006 Standards:
Randy Pucek reviewed the major changes under ASME CSD-1, Controls and Safety Devices for Automatically Fired Boilers, 2006 edition, and compared these requirements with the ASME Section IV, Pressure Relieving Devices, Standard, which is currently adopted by reference under chapter Comm 41, Boiler and Pressure Vessel Code.  The ASME Section IV requirements generally cover the construction and installation for all heating boilers and hot water supply boilers, and the ASME CSD-1 requirements generally cover the assembly, installation, maintenance and operation of controls and safety devices for automatically fire boilers of over 400,000 BTU per hour.  Wisconsin has not adopted the ASME CSD-1 requirements and a number of the members still believe these requirements should not be adopted.  Dan Hegyi representing the American Insurance Association and Don Mathes representing WI Boiler Inspectors Association are opposed to the adoption of the ASME CSD-1.  Mike Mamayek representing the Plumbing Mechanical Sheet Metal Contractors Alliance believes there may be conflicts between the ASME CSD-1 standard and the International Mechanical Code® (IMC).  He would like to review some of the technical requirements, such as process heating and combustion air, found under both the ASME CSD-1 and the IMC and report to the Council the impacts, if this standard is adopted under chapter Comm 41.

Potential Code Changes to Comm 41:
Rick Merkle and Joe Hertel reviewed the proposed changes to Comm 41 relating to boilers and pressure vessels and the following rules and topics were discussed:
?    Comm 41.02 (1) (b), relating to the scope of Comm 41, will be changed to indicate the coverage of solid fuel burning units in Comm 41.
?    Comm 41.16 (2) (a), (b) and (d), relating to power piping inspections will remain as written.  The efforts to clarify the wording created more confusion so it was decided to maintain the current wording as written.
?    Comm 41.16 (2) (c), relating to the minimum number of business days permitted for inspection notification will be changed from 3 days to 5 days.
?    Comm 41.16 (2) (e) relating to inspection of prefabricated piping will be modified to include that an active National Board commissioned inspector may perform inspections for out of state manufacturers of prefabricated piping, and a shop fabricator may use a department form to verify to the installer that the prefabricated pipe complies with the ASNI/ASME B31.1 standard. 
?    Comm 41.38 (3), pertaining to reporting the conversion of a boiler?s primary fuels, has been changed to include the mandatory form which must be submitted to the Department.
?    Comm 41.38 (4), pertaining to reporting the change in heat input of boilers, has been changed to include the mandatory form which must be submitted to the Department.
?    Comm 41.42 (2), relating to registering ASME vessel codes with the national board, has been altered to allow registering boilers and pressure vessel which are constructed with the Canadian standard, CSA B51.
?    Comm 41.49 has been updated to reflect the wording change from ?wood-burning boilers? to ?solid fuel-burning non-ASME units.  A definition and description of solid fuel-burning unit has been added. 
?    Comm 41.49 (6), relating to the repair of solid fuel-burning non-ASME units, has been changed to omit the requirement for ASME welders to conduct repairs on these units.
?    Comm 41.55 (3), relating to nuclear power plant inspection reports, now requires the owner to submit an inspection report within 90 days of a refueling outage.
?    Comm 41.71 Note, relating to pressure calculation formula for shells will be reviewed by Bill Andrea for accuracy.

Next Meeting:
The next meeting of the Boiler and Pressure Vessel Safety Code Council is scheduled for:
Monday, February 4, 2008 starting at 9:30 am
UW ? Madison Agricultural Research Station
8502 Mineral Point Road
Madison, Wisconsin

If you have any questions, please contact Joe Hertel at (608) 266-5649 or email at joe.hertel@wisconsin.gov.

Wednesday, October 31, 2007, 9:30 a.m. to 2:30 p.m., Tommy G. Thompson Commerce Center,Room #3B, 201 West Washington Ave., Madison, Wisconsin

COUNCIL MEMBER ATTENDANCE:
William Andrea, Present; Joe Bena, Present; Peter Burno, Present; Jay Ehrfurth, Present; Daniel Hegyi, Excused; Don Mathes, Present; Michael Mamayek, Present; Paul Prill, Present; Randy Pucek, Present; Mark Rudek, Present

VISITORS:
Mark Kincs, Xcel Energy Services, Inc.


DEPARTMENT OF COMMERCE STAFF:
Rick Merkle, Integrated Services Bureau; Mike Verhagen, Integrated Services Bureau; Dave Homan, Integrated Services Bureau; Joe Hertel, Program Development Bureau; Diane Meredith, Program Development Bureau; Amanda Berry, Program Development Bureau

1.  Welcome and Introductions:  Rick Merkle opened the meeting with a round of introductions.  He reviewed the packet of material mailed to the members and Diane Meredith explained the Code Council Manual and tentative timeline for submitting changes to Comm 41, Boiler and Pressure Vessels.

2.  Division Updates: Joe Hertel updated the members on legislative and Division activity:

?    The rule draft changes to the Commercial Building Code and Fire Prevention Code is currently at the Legislature for review. 
?    Next year, 2008, is an election year.  It is important to submit the proposed changes to Comm 41 within a timeframe for the rules to be submitted to the Legislative Committees before September 1, 2008.
?    The Secretary of the Department of Safety and Professional Services has resigned, effective November 1, 2007.  This position is appointed by Governor Doyle.  A replacement has not been named.

3.  Discuss scope of the rule update project:  Rick Merkle explained the scope of this rule project is to review and update Comm 41 based on the latest editions of the ASME Boiler and Pressure Vessel codes and the NBIC.

4.  Review changes to the 2007 ASME Boiler and Pressure Vessel Standards:  Rick Merkle and David Homan reviewed the proposed changes to Comm 41 relating to boilers and pressure vessels and the following rules and topics were discussed:

?    ASME Section I, relating to installation requirements, will be adopted as is with no major changes. 
?    ASME Section IV, relating to rules for construction of heating boilers, has a few minor changes with no major issues.  It will be adopted.
?    ASME Section VIII, relating to rules for construction of pressure vessels, will be adopted as is with no major changes.

The 2007 edition uses the metric system and manufacturers must use consistent parts since the conversion from English to metric is not proportional.

5.  Review of the National Board Inspection Code:  Mike Verhagen reviewed the proposed changes to the 2007 edition of the NBIC.  It has been renumbered in order to simplify future changes and adoptions.  Not much has changed from the 2004 to the 2007 editions.  Some new wording has been added to introduce or explain sections, but most of the wording is the same.  Recommendations found in the appendix of the 2004 edition are now made mandatory in the 2007 edition.  The 2007 NBIC is now divided into three parts: Part I Installation, Part II Inspection, Part III Repair and Alteration.  Parts I and II will be used as reference guidelines, but Part III will be mandatory under Comm 41.  Mike suggested the agency adopt Part 3 as a part of Comm 41, and Parts 1 and 2 would be non-mandatory.

?    In the 2007 NBIC, new sections headings have been added to each of the three parts: Section 6 Supplements, Section 7 NBIC Policy for Metrication, Section 8 Preparation of Technical Inquiries to the NBIC Committee, Section 9 Glossary, and Section 10 NBIC Approved Interpretations.
Review potential changes to Comm 41

Mike Verhagen and Rick Merkle reviewed the potential changes to Comm 41.  The following rules and topics were discussed:

?    Comm 41.16(2)(a), relating to power piping inspections, clarify the wording,
?    Comm 41.16(2)(c), relating to timing of power piping inspections, has been changed from 2 days to 5 days to be consistent with other standards.  Concern was raised that the increase in time may have an effect on owners getting timely inspections.
?    Comm 41.18(1)(L), relating to equipment exempt from periodic inspections, ?operating pressure? has been changed to ?maximum allowable working pressure.?
?    The note under Comm 41.28(3) has been changed from ?Comm 61 to 65? to ?Comm 60 to 66? in order to reflect current code changes.  Suggestion to add a 3rd note to reference the International Mechanical Code (IMC) ? as adopted by reference under the Wisconsin Commercial Building Code.
Next Meeting

The next meeting of the Boiler and Pressure Vessel Safety Code Council is scheduled for:

Thursday, December 13, 2007 starting at 9:30 am
Tommy G. Thompson Commerce Center
Third Floor Conference Room #3B
201 West Washington Ave.
Madison, WI

Council member attendance: William H. Andrae Present; Joe Bena Present; ; Peter H. Burno Present; Jay A. Ehrfurth Present; Daniel Hegyi Present; Matt Keenan Present; Paul E. Prill Excused; Randy S. Pucek Present; Doug Smithback Excused

Visitors: Don Mathes, Darrel Stump

Staff: Joe Hertel; Ronald Acker; Mike Verhagen; Rick Merkle; Dean Yourchuck

1. Welcome, Introductions and Review of Agenda. Council members were welcomed and thanked for their willingness to serve on the council and for offering their time to attend the meetings. Everyone introduced themselves and indicated their line of work and the group that they represented on the council. The agenda was reviewed and no changes were made.

2. Review of Council Membership/Electronic Access. The council membership list was reviewed and any changes or corrections were noted. (An updated membership list is included with this report.) The Wisconsin Utilities Association was unable to find a representative at this time, but we are holding the position open in anticipation of filling it. The department wants to communicate more by electronic means, and has offered a method by which persons can receive Emails regarding council activities and program news. Persons can sign up to receive the Emails through the Safety and Buildings Division home page located at www.commerce.wi.gov/SB (Here).

3. Discuss Council Manual; Meeting Procedures. The Advisory Council Manual that was previously sent to all council members was reviewed. Significant items pointed out were council member responsibilities, chairperson responsibilities and meeting ground rules. Meetings are generally conducted informally, with open discussion and no motions or voting unless necessary to resolve an issue. The council is advisory to the Department of Safety and Professional Services, and department management may make changes to the council?s recommendations.

4. Election of Chairperson. Nominations were opened for council chairperson. William Andrae was the chairperson when the council last met. Mr. Andrae was nominated, seconded and unanimously elected as chairperson.

5. Review Draft 1 of Code Change Proposals. The council began review of working draft 1 of code change proposals for the update of chapter Comm 41. The following is a brief summary of the council discussion and the recommendations made.

SECTION 1. Fee Changes. It was noted that the fees relating to multiple boilers and multiple pressure vessels in one building are being changed in order for the department to better cover its inspection costs for these installations.

SECTIONS 2 AND 3. Continuing Education. In response to a comment about the 4-year term, it was noted that the department has changed all credential terms to 4 years where the term is not specified by statute. The council accepted the proposed 24 hours of continuing education for the 4-year term, and then discussed approval of and types of continuing education courses. Copies of the department?s education course approval form were distributed. (Copies are included with this report for members not in attendance.) All courses for continuing education credit must be approved by the department before the courses are presented. Continuing education obtained in other states can be accepted toward certification renewal if approved by the department. Council members noted that the National Board is starting continuing education requirements for renewal of the National Board commission.

SECTION 5. Adoption of Standards. The council discussed the question of adoption of the CSD-1 standard for safety controls. It was commented that the next edition of the National Board Inspection Code (NBIC) will have new safety control requirements. Safety controls are covered in Comm 41.29 and standards adopted in other administrative codes. It was also noted that the CSD-1 standard requires additional controls that result in unnecessary added costs.

SECTION 6. Reporting Changes. It was pointed out that this change is intended to require reporting of objects that have been removed from service so they don?t come up on overdo inspection reports, resulting in the inspector going out and finding the object gone.

SECTION 8. Inspection Verification. The council recommended that the means indicating that an inspection has been performed should be posted on or near the inspected object.

SECTION 11. Posting Permit to Operate. It was noted that posting the permit to operate near the boiler or pressure vessel allows other inspectors to see it.

SECTION 13. ASME Form P4B. To clarify that form P4B does not have to be completed, the council recommended that ?Filing? be deleted.

SECTION 18. Repair Parts. Instead of requiring repair parts to meet the original code of construction as proposed, the council recommended that repair parts should also meet the requirements of ANSI/NB-23.

SECTION 21. Seal Welding. It was noted that this requirement is being proposed because the NBIC does not address seal welding as a repair. The department had received a request to exempt 5 or less seal welds from the registration requirement. Therefore, the ?8? will be changed to ?6?.

SECTION 22. Historical Boilers. Because of numbering changes in the 2004 NBIC, the ?5000? was changed to ?2020?. The need for annual inspections of the historical boilers was questioned because of the small number of hours per year that these boilers are operated. A 6-year inspection cycle was suggested where a test under steam operation would be required once during the 6-year cycle. It was noted that improper layup for winter also causes problems, not just operation. Also, the department doesn?t want to deviate from other power boiler inspection intervals and does not want to have a year where no inspection of the historical boiler is performed. The council agreed that an operational inspection is desirable, and recommended changing Comm 41.91 (2) to read: ?Annual internal inspections shall alternate with an in-service inspection every other year.?

Under Comm 41.92 (2) (intro.), the wording was changed to read: ?If subject to a hydrostatic pressure test, the owner or user shall prepare the boiler in accordance with all of the following:? Under Comm 41.92 (3) (a), ?5000? was changed to ?2020?, and ?at least? was changed to ?a maximum of?. Under Comm 41.92 (3) (d), the phrase ?locomotives that receive . . . 49 CFR 230? was deleted because the department does not have authority over these locomotives. Under Comm 41.92 (4) (a), ?8000? was changed to ?4000?.

At this time, the council discussed other code change proposals in chapter Comm 41 as follows.

A question was raised as to whether chapter Comm 41 should contain a requirement for persons to have the proper ASME code symbol stamps when doing field assembly work. This requirement is in the ASME code section I, and is contained in the ASME reprint in the Appendix. The council did not support such a requirement.

The council discussed requiring the National Board commission in order to renew the Wisconsin boiler inspection certification. Currently, a person needs to pass the National Board competency exam to initially obtain the state certification. It was noted that the National Board has made significant changes in their commission requirements, and they will audit inspectors yearly. The council unanimously recommended that the department require boiler inspectors to hold a National Board commission in order to renew their state certification.

Comm 41.16 (2) (b) Power Piping Inspections. The council discussed the 3 conditions under which the power piping inspections are not required. It was noted that the code wording requires all 3 conditions to be met for the exemption. It was agreed that any one of the conditions should be met for the exemption. The council recommended that the wording should be corrected to convey the proper intent. The same correction should be made under Comm 41.41 (2) (b) for registration of power piping.

6. Adjournment/Next Meeting. Review of the proposed changes to chapter Comm 41 was completed, and another council meeting was not scheduled at this time. Department staff will prepare the hearing draft of proposed rules based on working draft no. 1 and the changes recommended at today?s meeting. After the department Secretary approves the hearing draft of proposed rules, the council will be sent the draft along with the time and location of the public hearing. Council members are welcome to attend the hearing and submit comments on the proposed rules.

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