The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Alteration--A change in the item described on the original Manufacturer's Data Report which affects the pressure containing capability of the pressure retaining item. Nonphysical 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 pressure-retaining item shall be considered an alteration.

(2) Application for Certification--The completed first inspection report.

(3) Approved--Agreed to by the executive director.

(4) ASME--The American Society of Mechanical Engineers Boiler and Pressure Vessel Code, code cases, and interpretations adopted by the council of the society.

(5) Authorized Inspection Agency (In-service)--An entity accredited by the National Board meeting NB-369, "Qualifications and Duties for Authorized Inspection Agencies Performing In-service Activities and Qualifications for Inspectors of Boilers and Pressure Vessels".

(6) Authorized Inspection Agency (New Construction--ASME Activities)--An entity accredited by the National Board meeting the qualification and duties of NB-360, "Criteria for Acceptance of Authorized Inspection Agencies for New Construction".

(7) Authorized Inspector--An inspector employed by an Authorized Inspection Agency who holds a commission issued by the executive director.

(8) AWP--The allowable working pressure at which the boiler can safely operate.

(9) Board--The Board of Boiler Rules.

(10) "Boiler" means: (A) a heating boiler; (B) a nuclear boiler; (C) a power boiler; (D) an unfired steam boiler; or (E) a process steam generator.

(11) Boiler External Piping--The piping which begins where the ASME Section I or Section VIII, Division 1, 2, or 3 boiler proper or separately fired superheater terminates at: (A) the first circumferential joint for welding end connections; or (B) the face of the first flange in bolted flange connections; or (C) the first threaded joint in that type of connection; and which extends up to and including the valve or valves required by ASME.

(12) Certificate Inspection--The required internal or external boiler inspection, the report of which is used by the chief inspector to decide whether to issue a certificate of operation.

(13) Certificate of Operation--A certificate issued by the executive director to allow the operation of a boiler.

(14) Changeover Valve--A valve, which allows two redundant pressure relief valves to be installed for the purpose of changing from one pressure relief valve to the other while the boiler is operating and designed such that there is no intermediate position where both pressure relief valves are isolated from the boiler.

(15) Chief Inspector--The inspector appointed in accordance with Texas Health and Safety Code, §755.023.

(16) Code--ASME Code.

(17) Commission--The Texas Commission of Licensing and Regulation.

(18) Competent Attendant--An individual who has been trained to properly operate, start up, shut down, respond to emergencies and maintain control of the boiler in safe operating condition.

(19) Condemned Boiler--A boiler inspected and declared unfit for further service by the chief inspector, the deputy inspector, or the executive director.

(20) Continuous Water Treatment--A verifiable program that controls and limits corrosion and deposits in a boiler.

(21) Department--Texas Department of Licensing and Regulation.

(22) Deputy Inspector--An inspector appointed by the executive director.

(23) Disconnected Boiler--A boiler in which all fuel, water, steam and electricity are removed from any connection on the boiler. These connections shall provide an isolated gap and the source shall be safely isolated to prevent potential leaks or electrical hazards.

(24) Electric Boiler--A boiler in which the source of heat is electricity, such as an electrode type boiler and an immersion resistance element type boiler.

(25) Electrode Type Boiler--An electric boiler in which heat is generated by the passage of electric current using water as the conductor.

(26) Executive Director--The executive director of the department.

(27) External Inspection--An inspection of the exterior of a boiler and its appurtenances that is made, if possible, while the boiler is in operation.

(28) Heat Recovery Steam Generator (HRSG)--A boiler which produces steam where its principle source of thermal energy is a hot gas stream having high ramp rates, such as the exhaust of a gas turbine.

(29) Heating Boiler--A steam heating boiler, hot water heating boiler, hot water supply boiler, or potable water heater that is directly fired with oil, gas, solar energy, electricity, coal, or other solid or liquid fuel.

(30) High-Temperature Water Boiler--A water boiler designed for operation at pressures exceeding 160 pounds per square inch gage (1100 kilopascals) or temperatures exceeding 250 degrees Fahrenheit (121 degrees Celsius).

(31) Hot Water Heating Boiler--A boiler designed for operation at a pressure not exceeding 160 pounds per square inch gage (1100 kilopascals) or temperatures not exceeding 250 degrees Fahrenheit (121 degrees Celsius) at or near the boiler outlet.

(32) Hot Water Supply Boiler--A boiler designed for operation at pressures not exceeding 160 pounds per square inch gage (1100 kilopascals) or temperatures not exceeding 250 degrees Fahrenheit (121 degrees Celsius) at or near the boiler outlet if the boiler's heat input exceeds 200,000 British thermal units per hour (58.6 kilowatts); water temperature exceeds 210 degrees Fahrenheit (99 degrees Celsius); or nominal water-containing capacity exceeds 120 gallons (454 Liters).

(33) Immersion Resistance Element Type Boiler--An electric boiler in which heat is generated by the passage of an electric current through a resistance heating element immersed in water.

(34) Inspection Agency--An authorized inspection agency providing inspection services.

(35) Inspector--The chief inspector, a deputy inspector, or an authorized inspector.

(36) Install--To place, position or fit into position and then to connect, change or modify in such a manner as to bring the boiler into service.

(37) Installation--The act of installing a boiler or associated equipment.

(38) Internal inspection--A complete and thorough inspection of the interior waterside and fireside areas of a boiler as construction allows.

(39) Maximum Allowable Working Pressure (MAWP)--The greatest pressure at which a boiler is designed to operate.

(40) Metric (SI)--An international system of measurement.

(41) Metrication--The process of converting between US customary units and metric (SI) units.

(42) Modular Boiler--A steam or hot water heating assembly consisting of a group of individual boilers called modules, intended to be installed as a unit, with a single inlet and single outlet. Modules may be under one jacket or may be individually jacketed.

(43) Multiple Pressure Steam Generator--A boiler consisting of several sections of heat exchange surface designed for different pressure levels.

(44) National Board--The National Board of Boiler and Pressure Vessel Inspectors.

(45) National Board Inspection Code--The manual for boiler and pressure vessel inspectors published by the National Board.

(46) Nominal--The accepted ASME standard used to designate a size or capacity of an item.

(47) Non-Code Boiler--A complete boiler not constructed to the appropriate ASME Code.

(48) Nonstandard Boiler--A boiler that does not qualify as a standard boiler.

(49) Nuclear Boiler--A nuclear power plant system, including its pressure vessels, piping systems, pumps, valves, and storage tanks that produces and controls an output of thermal energy from nuclear fuel and the associated systems essential to the function of the power system.

(50) Operation--The condition of a boiler in which the energy source is being applied to the boiler.

(51) Out of Service--The condition of a boiler in which it is neither in operation nor in standby.

(52) Owner or Operator--Any person, firm, or corporation owning or operating boilers within the State of Texas.

(53) Person--An individual, corporation, partnership, association or other legal entity.

(54) Pool Heater--A hot water supply boiler or a potable water heater designed to provide hot water to a pool.

(55) Portable Boiler--A boiler primarily intended for use at a temporary location.

(56) Potable Water Heater--A boiler designed for operation at pressures not exceeding 160 pounds per square inch gage (1100 kilopascals) and water temperatures not exceeding 210 degrees Fahrenheit (99 degrees Celsius) if the boiler's heat input exceeds 200,000 British thermal units per hour (58.6 kilowatts) or nominal water-containing capacity exceeds 120 gallons (454 liters).

(57) Power Boiler--A high-temperature water boiler or a boiler in which steam is generated at a pressure exceeding 15 pounds per square inch gage (103 kilopascals) for a purpose external to the boiler.

(58) Preliminary order--A written order issued by the chief inspector or any commissioned boiler inspector to require repairs or alterations to render a boiler safe for use or to require that operation of the boiler be discontinued. The Boiler Inspection report which requires repairs to be made or the boiler operation to be ceased which is signed by the chief inspector or a commissioned boiler inspector is a Preliminary Order.

(59) Process Steam Generator--An evaporator, heat exchanger, or vessel in which steam is generated by the use of heat resulting from the operation of a processing system that contains a number of pressure vessels, such as used in the manufacture of chemical and petroleum products.

(60) Reinstalled Boiler--A boiler removed from its original setting and reinstalled at the same location or at a new location without change of ownership.

(61) Repair--The work necessary to restore pressure-retaining items to a safe and satisfactory operating condition.

(62) Rules--The rules promulgated and enforced by the commission in accordance with Texas Health and Safety Code, §755.032 and Texas Occupations Code, Chapter 51.

(63) Safety Appliance--A safety device such as a safety valve or a pressure relief valve for a boiler provided to diminish the danger of accidents.

(64) Secondhand Boiler--A boiler in which the location and ownership have changed.

(65) Serious Accident--An explosion resulting in any degree of distortion to the wall of the boiler or related equipment or damage to the building where the boiler is located. Or, emergency medical services are dispatched to the location of a boiler accident in which one or more persons require on-site medical services, transport to a medical facility or the accident results in a fatality.

(66) Special Inspection--An inspection by the chief inspector or deputy inspector other than those in Texas Health and Safety Code, §§755.025 - 755.027.

(67) Stacked Boiler--A design in which one boiler is placed onto a rack above another boiler, as designed by the boiler manufacturer with a rack nameplate, and as approved by the department.

(68) Standard Boiler--A boiler that bears the stamp of a nationally recognized engineering professional society, or the stamp of any jurisdiction that has adopted a standard of construction equivalent to the standard required by the executive director.

(69) Standby--The condition of a boiler in which the owner or operator has (1) placed the boiler into operation at low fire or (2) can place the boiler into operation within 48 hours' notice.

(70) Steam Heating Boiler--A boiler designed for operation at pressures not exceeding 15 pounds per square inch gage (103 kilopascals).

(71) System Pressure--The pressure of the boiler system, which is governed by the highest safety valve or pressure relief valve set pressure as allowed by ASME Code and this chapter.

(72) Texas Commission--Authorization to inspect boilers and enforce Texas Health and Safety Code, Chapter 755, and 16 Texas Administrative Code, Chapter 65, on behalf of the department. (A) ASME Only Commission--Only authorizes an inspector to conduct ASME new construction activities. (B) In-Service Only Commission--Only authorizes an inspector to conduct boiler in-service activities. (C) ASME and In-Service Commission--Authorizes an inspector to conduct both activities in subparagraphs (A) and (B).

(73) Unfired Steam Boiler--An unfired pressure vessel in which steam is generated. The term does not include: vessels known as evaporators or heat exchangers; or vessels in which steam is generated by using the heat that results from the operation of a processing system that contains a number of pressure vessels, as used in the manufacture of chemical and petroleum products.

Source Note: The provisions of this §65.2 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective February 15, 2016, 41 TexReg 795; amended to be effective January 15, 2018, 43 TexReg 75; amended to be effective July 1, 2020, 45 TexReg 4330; amended to be effective October 29, 2020, 45 TexReg 7578