Bill Text: MI HB5751 | 2013-2014 | 97th Legislature | Engrossed

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Bill Title: Occupations; other; use of certain military experience as the basis for licensure; authorize for boiler installer, boiler repairer, and boiler special inspector. Amends secs. 2 & 13d of 1965 PA 290 (MCL 408.752 & 408.763d).

Spectrum: Moderate Partisan Bill (Republican 26-7)

Status: (Introduced - Dead) 2014-12-09 - Referred To Committee Of The Whole [HB5751 Detail]

Download: Michigan-2013-HB5751-Engrossed.html

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HB-5751, As Passed House, November 6, 2014

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5751

 

September 9, 2014, Introduced by Reps. Jacobsen, Pagel, Graves, Lyons, Rutledge, Smiley, Phelps, Durhal, Brunner, Cavanagh, Cochran, Bumstead, Kowall, Lauwers, Daley, Jenkins, Cotter, Rendon, Haveman, O'Brien, Leonard, Denby, Rogers, Outman, Muxlow, Yonker, Johnson, Farrington, Poleski, Zorn, MacGregor, Franz and LaFontaine and referred to the Committee on Military and Veterans Affairs.

 

     A bill to amend 1965 PA 290, entitled

 

"Boiler act of 1965,"

 

by amending sections 2 and 13d (MCL 408.752 and 408.763d), as

 

amended by 2013 PA 167.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. (1) As used in this act:

 

     (a) "Antique steam boiler" means a boiler that is no longer

 

used in production applications and is used to demonstrate the

 

historical significance of steam boilers in American history.

 

     (b) "Approved apprenticeship program" means a training program

 

for boiler operators or stationary engineers that is certified by

 

or meets the standards of the United States department of labor

 

bureau of apprenticeship training and is approved by the board.

 

     (c) "Armed forces" means that term as defined in section 2 of

 

the veteran right to employment services act, 1994 PA 39, MCL

 

35.1092.

 

     (d) "Associated auxiliaries" means equipment that is required

 

in the operation of a boiler that includes, but is not limited to,

 

pumps, regulators, feedwater heaters, superheaters, de-

 

superheaters, economizers, air preheaters, draft fans, combustion

 

and pollution control equipment, and prime movers.

 

     (e) "Board" means the board of boiler rules created in section

 

3.

 

     (f) "Boiler" means a closed vessel in which water is heated,

 

steam is generated, or steam is superheated, or a combination of

 

those actions occur, under pressure or vacuum by the application of

 

heat from combustible fuels, electricity, or nuclear energy. Boiler

 

does not include facilities of an integral part of a continuous

 

processing unit but does include a fired unit for heating or

 

vaporizing liquids other than water, if the unit is separate from a

 

processing system and is complete within itself.

 

     (g) "Boiler for agricultural purposes" means a portable boiler

 

used in a field or similar open area for the sole purpose of

 

operating farm equipment or farm machinery.

 

     (h) "Boiler operator" or "stationary engineer" means an

 

individual who is engaged in the operation of boilers and

 

associated auxiliaries.

 

     (i) "Certificate inspection" means an inspection that is

 

conducted for purposes of preparing a report described in section

 

20. The certificate inspection shall be an internal inspection if

 

construction allows; otherwise the certificate inspection shall be

 

as complete an inspection as possible.

 

     (j) "Department" means the department of licensing and

 

regulatory affairs.

 

     (k) "Director" means the director of the department or a

 

representative designated by the director.

 

     (l) "External inspection" means an inspection that does not

 

involve examination of the internal surfaces of the pressure parts

 

of the boiler.

 

     (m) "Heating surface" means the heating surface determined by

 

the boiler manufacturer and recorded in the manufacturer's data

 

report or by rules established by the board for a boiler if the

 

manufacturer's data report is not available or the boiler is not

 

stamped with its heating surface.

 

     (n) "High pressure, high temperature water boiler" means a

 

water heating boiler operating at pressure that exceeds 160

 

p.s.i.g. or temperatures that exceed 250 degrees Fahrenheit.

 

     (o) "Low pressure boiler" means a steam boiler operated at

 

pressures that do not exceed 15 p.s.i.g., or a hot water heating

 

boiler operated at pressures that do not exceed 160 p.s.i.g. or

 

temperatures that do not exceed 250 degrees Fahrenheit.

 

     (p) "P.S.I.G." means pounds per square inch gauge.

 

     (q) "Power boiler" means a closed vessel in which steam or

 

other vapor is generated at a pressure of more than 15 p.s.i.g. by

 

the direct application of heat.

 

     (r) "Process boiler" means a boiler that is operated at a

 

pressure or temperature from which more than 10% of the boiler's

 

capacity is used for direct steam humidification or direct process

 

work.

 

     (s) "Qualified technical education program" means an

 

educational program that is approved by the board and that has a

 

minimum of 350 contact hours in classroom hands-on training, field

 

training, or supervised plant visits for high pressure boiler

 

operators. The board may establish lesser standards for an

 

educational program for low pressure operator training or other

 

entry level training positions only.

 

     (t) "Qualified training program" means any of the following:

 

     (i) An in-house training program approved by the board and

 

offered to boiler operators and stationary engineers by an

 

employer.

 

     (ii) An in-house training program implemented or developed by a

 

utility and offered to boiler operators and stationary engineers by

 

an employer as a result of negotiations between an employer and its

 

employees.

 

     (iii) A training program offered to active duty boiler operators

 

and stationary engineers by a branch of the armed forces.

 

     (u) "Rule" means a rule promulgated under the administrative

 

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

 

     (v) "Secondhand boiler" means a boiler that has changed

 

ownership and location after initial use.

 

     (2) As used in this act and for purposes of any rules

 

promulgated under this act, in connection with any requirements for

 

a license to inspect, install, or repair boilers or for

 

registration as a boiler operator or stationary engineer in 1 or

 

more of the classifications described in section 13b, "experience"

 

includes any relevant experience acquired while serving in the

 

armed forces by an individual who was separated from that service

 

if all of the following are met:

 

     (a) The applicant provides to the department a form DD214, a

 

form DD215, or any other form that is satisfactory to the

 

department that demonstrates that he or she was separated from that

 

service, with an honorable character of service or under honorable

 

conditions (general) character of service.

 

     (b) The applicant submits with his or her application for

 

licensure or registration an affidavit or letter signed by a

 

commanding officer, supervisor, or military superior with direct

 

knowledge of the applicant's service that describes his or her

 

experience designing, constructing, manufacturing, installing,

 

inspecting, operating, repairing, or maintaining boilers and

 

associated auxiliaries while serving in the armed forces.

 

     Sec. 13d. (1) The director shall not issue a registration for

 

a title described in section 13a(2) unless the applicant meets the

 

requirements for the classification under subsections (2) to (6).

 

     (2) An applicant for a low pressure boiler operator

 

registration shall have at least 1 year of experience operating or

 

maintaining low or high pressure boilers, steam prime movers, or

 

associated auxiliaries.

 

     (3) An applicant for a high pressure boiler operator

 

registration shall have 1 or more of the following:

 

     (a) At least 2 years of experience in the operation of a high

 

pressure boiler.

 

     (b) A low pressure boiler operator's registration and at least

 

1 year of experience in the operation of a low pressure boiler.

 

     (c) At least 1 year of either a qualified training program, a

 

qualified technical education program, or an approved

 

apprenticeship program.

 

     (4) An applicant for a third-class stationary engineer

 

registration shall meet 1 or more of the following requirements:

 

     (a) Is registered as a high pressure boiler operator and have

 

at least 1 year of experience in the operation of a high pressure

 

boiler.

 

     (b) Is registered as a low pressure boiler operator, has at

 

least 1 year of experience in the operation of a low pressure

 

boiler, and has at least 1 year of maintenance experience on high

 

pressure boilers and associated auxiliaries.

 

     (c) Is registered as a high pressure boiler operator and has

 

at least 1 year of boiler maintenance experience or at least 1 year

 

as an apprentice in an approved training program in a high pressure

 

boiler plant that has an aggregate heating surface of more than

 

4,000 square feet.

 

     (d) Have at least 3 years of experience in the operation of

 

boilers in a high pressure boiler plant that have an aggregate

 

heating surface of more than 4,000 square feet.

 

     (e) Have at least 1 year of experience in the operation of

 

boilers in a high pressure boiler plant that have an aggregate

 

heating surface of more than 4,000 square feet along with

 

sufficient experience operating steam prime movers in excess of 10

 

horsepower for a combined total of at least 3 years of experience.

 

     (f) Have an associate degree in energy technology or a related

 

field, as determined by the board, with a power engineering option

 

from a 2-year college whose program is approved by the board and

 

employment or cooperative education experience of at least 360

 

hours as a power engineer, boiler operator, or stationary engineer

 

in a steam electric generation plant or a high pressure steam

 

heating or process plant.

 

     (5) An applicant for a second-class stationary engineer

 

registration shall meet 1 or more of the following requirements:

 

     (a) Is registered as a third-class stationary engineer and has

 

at least 1 year of experience as a third-class stationary engineer.

 

     (b) Have a bachelor's degree in engineering, engineering

 

technology, heating/power technology, or energy technology from a

 

college or university whose program is approved by the board and

 

employment experience as an engineer in the engineering or research

 

division of a steam electric power generating plant for at least 1

 

year.

 

     (c) Have at least 4 years of experience in the operation of

 

boilers in a high pressure boiler plant that have an aggregate

 

heating surface of more than 7,500 square feet.

 

     (d) Have at least 1 year of experience in the operation of

 

boilers in a high pressure boiler plant that have an aggregate

 

heating surface of more than 7,500 square feet along with

 

sufficient experience operating steam prime movers in excess of 100

 

horsepower for a combined total of at least 4 years of experience.

 

     (e) Have at least 1 year of experience in the operation of

 

boilers in a high pressure boiler plant that have an aggregate

 

heating surface of more than 7,500 square feet along with

 

sufficient experience operating boilers in a high pressure boiler

 

plant that have an aggregate heating surface of more than 4,000

 

square feet for a combined total of at least 4 years of experience.

 

     (6) An applicant for a first-class stationary engineer

 

registration shall meet 1 or more of the following requirements:

 

     (a) Is registered as a second-class stationary engineer and

 

has at least 2 years of experience as a second-class stationary

 

engineer.

 

     (b) Have at least 6 years of experience in the operation of

 

boilers in a high pressure boiler plant that have an aggregate

 

heating surface of more than 20,000 square feet.

 

     (c) Have at least 2 years of experience in the operation of

 

boilers in a high pressure boiler plant that have an aggregate

 

heating surface of more than 20,000 square feet along with

 

sufficient experience operating steam prime movers in excess of 200

 

horsepower for a combined total of at least 6 years of experience.

 

     (d) Have at least 2 years of experience in the operation of

 

boilers in a high pressure boiler plant that have an aggregate

 

heating surface of more than 20,000 square feet along with

 

sufficient experience in the operation of boilers in a high

 

pressure boiler plant that have an aggregate heating surface of

 

more than 7,500 square feet of heating surface for a combined total

 

of at least 6 years of experience.

 

     (e) Complete a 4-year approved apprenticeship program or a 4-

 

year qualified training program.

 

     (f) Complete a 4-year program with a bachelor's degree from a

 

college or university in engineering, engineering technology,

 

heating/power technology, or energy technology whose program is

 

approved by the board and which includes a hands-on power option

 

from a 2-year community college program or the equivalent, as

 

determined by the board, and not less than 1 year of employment,

 

internship, or cooperative education experience in a steam electric

 

generation plant or high pressure steam heating process plant.

 

     (7) As used in this section, "experience" includes experience

 

acquired while serving in the armed forces by an individual who was

 

separated from that service, and provides to the department a form

 

DD214, form DD215, or any other form that is satisfactory to the

 

department that demonstrates that he or she was separated from that

 

service, with an honorable character of service or under honorable

 

conditions (general) character of service.

 

     (8) An individual described in subsection (7) shall submit

 

with his or her application for registration an affidavit or letter

 

signed by a commanding officer, supervisor, or military superior

 

with direct knowledge of the applicant's service that describes his

 

or her experience as a boiler operator or stationary engineer in 1

 

or more of the classifications described in section 13b.