Volume 19_ Issue 19

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					                                               FINAL REGULATIONS
                                    For information concerning Final Regulations, see Information Page.

                                                                   Symbol Key
         Roman type indicates existing text of regulations. Italic type indicates new text. Language which has been stricken indicates
                   text to be deleted. [Bracketed language] indicates a change from the proposed text of the regulation.



    TITLE 16. LABOR AND EMPLOYMENT                                          2. 3. Petitioner's interest in the proposed action;
                                                                            3. 4. Substance and purpose of the requested rulemaking
                                                                            including recommended regulation or addition, deletion or
     DEPARTMENT OF LABOR AND INDUSTRY                                       amendment to a specific regulation;
Title of Regulation: 16 VAC 15-10. Public Participation                     4. 5. Statement of need and justification for the proposed
Guidelines (amending 16 VAC 15-10-10, 16 VAC 15-10-20,                      action;
16 VAC 15-10-40, 16 VAC 15-10-50, 16 VAC 15-10-80,
16 VAC 15-10-90, and 16 VAC 15-10-100).                                     5. 6. Statement of impact on the petitioner and other
                                                                            affected persons; [ and ]
Statutory Authority: §§ 2.2-4007 and 40.1-6 of the Code of
Virginia.                                                                   7. Reference to legal authority of the agency to take the
                                                                            action requested; and
Effective Date: July 2, 2003.
                                                                            6. 8. Supporting documents, as applicable.
Agency Contact: Bonnie R. Hopkins, Regulatory Coordinator,
Department of Labor and Industry, Powers-Taylor Building, 13              16 VAC 15-10-80           through       100.    [No     change   from
South 13th Street, Richmond, VA 23219, telephone (804) 371-               proposed].
2631, FAX (804) 371-6524 or e-mail brh@doli.state.va.us.                             VA.R. Doc. No. R02-15; Filed May 9, 2003, 3:10 p.m.
Summary:
  This regulation sets out procedures to be followed by the                       SAFETY AND HEALTH CODES BOARD
  Department of Labor and Industry to ensure that the public
  and all parties interested in regulation adopted by the                 Title of Regulation: 16 VAC 25-50. Boiler and Pressure
  agency have a full and fair opportunity to participate at               Vessel Regulations (amending 16 VAC 25-50-20, 16 VAC
  every stage. The regulation is amended to conform to the                25-50-150, 16 VAC 25-50-340, and 16 VAC 25-50-440;
  current requirements of the Administrative Process Act.                 adding 16 VAC 25-50-445).
  Also, with the advances in information technology,                      Statutory Authority: § 40.1-51.6 of the Code of Virginia.
  amendments include the agency website and other Internet
  resources.                                                              Effective Date: July 2, 2003.

Summary of Public Comments and Agency's Response: No                      Agency Contact: Fred P. Barton, Boiler Safety Compliance
public comments were received by the promulgating agency.                 Director/Chief Boiler Inspector, Department of Labor and
                                                                          Industry, Powers-Taylor Building, 13 S. Thirteenth Street,
REGISTRAR'S NOTICE: The proposed regulation was                           Richmond, VA 23219, telephone (804) 786-3262, FAX (804)
adopted as published in 18:25 VA.R. 3521-3525 August 26,                  371-2324 or e-mail fpb@doli.state.va.us.
2002, with the additional changes shown below. Therefore,
                                                                          Summary:
pursuant to § 2.2-4031 A of the Code of Virginia, the text of
the final regulation is not set out; however, the changes from              The amendments eliminate possible conflicts with a recently
the proposed regulation are printed below.                                  enacted statute (§ 40.1-51.19 of the Code of Virginia)
                                                                            governing hobby boilers; allow certificate fees to be paid by
16 VAC 15-10-10 through 16 VAC 15-10-40. [No change                         credit card; adopt current Part CW of ANSI/ASME-CSD-1
from proposed].                                                             provisions for burner controls and safety devices; and
16 VAC 15-10-50. Public involvement with formulation of                     update references to prevailing National Fire Protection
regulations.                                                                Association, American Society of Mechanical Engineers and
                                                                            National Board Codes.
A. The commissioner shall accept petitions to develop a new
regulation or amend an existing regulation from any member                Summary of Public Comments and Agency's Response: A
of the public. The commissioner shall consider the petition and           summary of comments made by the public and the agency's
provide a response within 180 days respond in accordance                  response may be obtained from the promulgating agency or
with the Administrative Process Act.                                      viewed at the office of the Registrar of Regulations.

B. The petition, at a minimum, shall contain the following                REGISTRAR'S NOTICE: The proposed regulation was
information:                                                              adopted as published in 18:26 VA.R. 3769-3772 September 9,
                                                                          2002, with the additional changes shown below. Therefore,
  1. Name, mailing address and telephone number of                        pursuant to § 2.2-4031 A of the Code of Virginia, the text of
  petitioner;                                                             the final regulation is not set out at length; however, the
  2. E-mail address of petitioner, if applicable;                         changes from the proposed regulation are printed below.

Volume 19, Issue 19                                  Virginia Register of Regulations                                    Monday, June 2, 2003

                                                                      1
Final Regulations
16 VAC 25-50-20. [ No change from proposed. ]                         ASME B31.1, ASME Code for Pressure Piping, American
                                                                      National Standards Institute, 1995 and Addenda through 1997
16 VAC 25-50-150. [ No change from proposed. ]                        1998.
16 VAC 25-50-340. Burner controls and safety devices.
                                                                      NFPA 85C, Standards for the Prevention of Furnace
Gas Fired burner installations shall conform to the                   Explosions/Implosions in Multiple Burner Boiler-Furnaces,
requirements of the following nationally recognized standards         1991 85 Boiler and Combustion Systems Hazards, 2001
including: the American Gas Association, Underwriters                 Edition, National Fire Protection Association.
Laboratories, [ Part CG (General), ] Part CW (Steam and               [ Part CG (General), ] Part CW (Steam and Waterside Control)
Waterside Control) of ANSI/ASME-CSD-1 or National Fire                and Part CF (Combustion Side Control) Flame Safeguard of
Protection Association (NFPA) No. 85 series as applicable.            ANSI/ASME CSD-1, Controls and Safety Devices for
16 VAC 25-50-440. [ No change from proposed. ]                        Automatically Fired Boilers, 1992 1998, American Society of
                                                                      Mechanical Engineers.
16 VAC 25-50-445. [ No change from proposed. ]
                                                                      "Boiler Blowoff Equipment," National Board of Boiler and
     DOCUMENTS INCORPORATED BY REFERENCE                              Pressure Vessel Inspectors, Rules and Recommendations for
1998 2001 Boiler and Pressure Vessel Code, ASME Code,                 the Design and Construction of Boiler Blowoff Systems, 1991.
American Society of Mechanical Engineers.                             API510, Pressure Vessel Inspection Code, Maintenance
National Board Bylaws, National Board of Boiler and Pressure          Inspection, Rating, Repair and Alteration, Sixth Edition, June
Vessel Inspectors, August 8, 1996.                                    1989, American Petroleum Institute.
                                                                               VA.R. Doc. No. R02-16; Filed May 13, 2003, 10:55 a.m.
ANSI/NB 23, 1998 2001 National Board Inspection Code,
National Board of Boiler and Pressure Vessel Inspectors.

                           EMERGENCY REGULATIONS
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Volume 19, Issue 19                                Virginia Register of Regulations                                 Monday, June 2, 2003

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