Minutes Installers Task Force

							     TEXAS DEPARTMENT OF LICENSING AND REGULATION
                           Code Review and Inspections/BOILER PROGRAM
     P.O. Box 12157 Austin, Texas 78711 (512)463-2904 (800)722-7843 FAX (512)463-1376
          Email Address: boilers@license.state.tx.us Internet Address: www.license.state.tx.us



                                          MINUTES
                                BOARD OF BOILER RULES
                                          Task Force
                                              On
                                 Boiler Installer Registration
                                        April 18, 2001
                                        Austin, Texas

1.   Call To Order

     The Chairman, Richard West, called the meeting to order at 9:30 a.m.

2.   Roll Call

     The Chairman called the roll and recorded attendance (Attachment A).

3.   Approval of Agenda

     The Agenda was approved as published.

4.   Discussion

     The Task Force met on April 18, 2001 for approximately four hours. The purpose of
     the meeting was to review the current boiler installer registration program, discuss
     the many and various issues and concerns with boiler installation requirements,
     problems etc., and to develop a direction for development of a new boiler installer
     program. Each person present was asked to make comments and provide an
     opinion of direction for the task force.

     History: George Bynog was asked to provide an overview of the history, problems
     and concerns of the boiler installer registration program. The original installer
     program was developed a few years ago as a compromise between those that
     wanted a full licensing program and those that did not want any program at all. The
     registration program has proven to be ineffective. Further, as preparation for this
     task force, the registration program was reviewed with TDLR's General Council. He
     has taken the position that the program (registration) was not authorized under the
     present wording of the Boiler Law. The current registration program has been
     stopped effective date March 1, 2001. The installer for each new or reinstalled boiler
     will still be required to complete the Boiler Installation Report form.




     George Bynog advised that the current General Council has a concern over the
wording under Section 755.32 (a) of the Boiler Law. The specific concern is the
wording “standard boiler usage” and exactly what that means. It is understood by
most that standard boiler usage covers the normal use of boilers and excludes
boilers in research, nuclear reactors used by universities and similar non-standard
boilers normally associated with research and development.

One of our first tasks will be to review the wording under Section 755.32 (a). The
goal is to resolve the problem that is a concern to the General Council. This can be
included in the Sunset Review process that starts in 2002.

Note: If the Boiler Law is changed then a program will need to be developed to
address the installer issue. We should look at two primary issues. First, is there a
need and the answer is clearly a yes. A clear problem exists with improper
installation and re-installation of boilers. The second issue is to determine the
burden on the various persons and companies effected by any program developed
and or not developed. This includes financial, time, livelihood and safety.

George Ferrie was asked to provide his views. He stated that he agreed with the
General Council in that the wording was not sufficiently broad. He further stated
that we could have some issues with the Legislature, specifically if many new
requirements were being imposed. His guidance is “do not make it too difficult”.

The Task Force Chairman stated that in his opinion safety is the primary issue.
That is to insure that the boilers in the State of Texas are properly installed the first
time.

George Bynog added that in his opinion one positive item is this is an ideal time and
can be included in the Sunset Review process. Also George mentioned the e-mail
from Kurt Eschman with K.E.M.Co. and his concern with dropping the registration
program (Attachment B).

Bruce Trainowski asked if the term standard boiler usage is used in either the NBIC
or ASME? The answer was no. Additionally, it is a term that has been, or appears
to have been, in the Texas Boiler Law for many years, possibly since 1937 and the
original Law.

Ben Juarez asked if we could take out “in accordance with standard boiler usage”.

Richard asked if we could define “standard boiler usage”.

Bruce stated that safety is his greatest concern. Questions received were what
about requirements for installers per the ASME Code and what about seminars.
George Bynog advised that seminars are presently performed on a limited scale.
However, funding and staff are always a concern with holding seminars.
Bruce asked who should attend and how identify, such as web site, other methods.

   HVAC companies registered with state.
   plumbers - individuals registered with state.
   boiler firms - National Board and therefore state.
   general maintenance contractors?

George Solomon, mentioned that we should insure that we take into account the
owner because frequently when an improperly installed unit is found, the installer is
gone and the owner is left with the problem.

Walter Williams believes that we definitely need some type of program. Currently
many firms, including previously registered installers, do not have any idea. As an
example, the City of Lubbock has advised that they do not recognize the current
program, so they have developed a separate program. There must be some
method of determining minimum qualification.

George Bynog added that the NBIC Task Force on Installation did not address who
could install boilers and pressure vessels.

Gerald Harris commented that from an installers standpoint, regulations and rules
are needed. Gerald also mentioned that the Air Conditioning exam covers boilers.
What would be the possibility of having the boiler part of the existing AC exam as
part of the Boiler program. Also, it is understood that the plumber’s exam does not
include any information on boiler installation. Enforcement for installers might be an
issue.

Ron Mullins discussed smaller boilers and believes that most of the problems would
be in this area. So size should be a consideration in any certification/qualification
program. He also believes that a different concern exists between installation and
commissioning. At times they are required to perform start up of boilers that they
sold, but did not install. The start up is part of the warranty. At times many
problems with improperly installed boilers are found at this point of the installation
process.

George Bynog noted that the greatest value of the registration program was learning
that a boiler had been installed and where it was installed. When an installation
form is received it is suspensed for 60 days to see if a first inspection report is filed.
 If no first inspection report is filed with the state then a Deputy Inspector is assigned
to make the first visit.

It was agreed that we need to expand the group to possibly include school districts,
apartment owner associations, dry cleaner associations, and representatives from
HVAC, general contractors and plumping firms.




Ben Juarez supplied several comments with reference to what might be included in
any program developed by the task force.
What knowledge of ASME should be known by installers:

   Welding materials & welding qualifications if welding performed.
   Base materials
   Stamping
   Safety valves
   Type
   Jurisdictional limits

What knowledge of the Boiler Law is required

   Ventilation
   Supply lines – feed water
   Level
   Expansion tanks
   Blowdown
   Potable water requirements
   Stop valves
   Pressure gages
   Clearance
   Texas number

Method of assessment - resources

   Testing
   On site assessment
          initial
          monitoring
          renewal

Fees

A general exchange and discussion on the current wording under Section 755.32
(a) followed. Revised wording as follows was developed.

     The commissioner may adopt and enforce rules [, in accordance with
     standard boiler usage,] for the construction, inspection, installation, use,
     maintenance, repair, alteration, [and] operation of boilers and persons,
     firms or corporations performing activities relating to these functions.

As a result of this discussion and the above wording, Gerald Harris made a motion
to accept the revised wording. Ben Juarez seconded motion. No discussion
followed the motion and second. All present voted for the motion.
Further discussion followed.


What is covered

   Newly installed boilers
   Reinstalled boilers
   Rental boilers
   All boilers encompassed by law
Who

    Person, firm or corporation
           person is as an example a plumber
           firm or corporation is a business such as an HVAC or boiler company
    Single or multi level licensing

Education
  Knowledge
  Skills
  Experience
  Training
         seminars
         mandatory
         voluntary
         refresher

Implementation
   Grace periods
   Acceptable phase-in times

Resources
  NQA1-Supplement 2S3
  BOMA
  Apartment owners and apartment owner associations
  Plumbers and plumbing companies
  Web sites
  Other jurisdictions
  Web sites
  Schools, etc.

Testing
   Recognize other testing such as the A/C test

Fees – 65.80




Before the next meeting we need to address the following:

   Invite other firms to develop a full representation of all installers.
   Review what other jurisdictions have developed in other states.
   NBIC – Installation requirements – nonmandatory Appendix I, which is currently
    in draft form only.
   Old minutes
   Films
         Other agencies
         CSD-1 conflicts.
         Extend invitation during board meeting of April 19, 2001

5.    Next Meeting

      It was agreed that the next meeting would be held June 21, 2001 @ 9:30 AM in
      Austin. Specific meeting room to be announced.

6.    Adjournment

      The meeting adjourned at 2:15 PM.

Respectfully Submitted:




Richard West
Chairman