A. 
No person owning or using boilers in the City shall operate or employ any person as an operating engineer or boiler fireman to take charge of or operate any boiler who has not first obtained a certificate issued under this chapter.
B. 
It is unlawful to have charge of or operate, or permit anyone to have charge of or operate, any boiler without a certificate to do so issued under this chapter.
(Ord. 27297 § 1, 2004-11-23)
The regulation of steam engineers and boiler firemen, the issuing of boiler operator certificates, and the regulations relating to the operation of boilers, as defined in this section, provide the means for ensuring the safe operation of such boilers. Words and phrases used in this chapter, relating to the regulation of steam engineers and boiler firemen and the issuing of boiler operator certificates, shall have the following meanings:
“Automatic boiler”
means a boiler equipped with certain controls and limit devices, as required by WAC 296-104, and for which an automatic certification permit has been completed.
“Bates”
means Bates Technical College.
“Boiler”
means a closed vessel in which water is heated, steam is generated, steam is superheated, or any combination thereof, under pressure or vacuum, by the direct application of heat. The term “boiler” shall also include fired units for heating or vaporizing liquids other than water where these systems are complete within themselves.
“Boiler logbook”
means a bound legal document with numbered pages used for operator entries of boiler-related data, which must be signed by the operator making the entries.
“Certificate”
means a boiler operating engineer or boiler fireman certificate issued by Bates.
“Certified operator”
means a person holding any one of the classes of certificates issued through the Bates Boiler Operators Certification Program, authorizing him or her to operate or supervise the operation of specified classes of boiler plants.
“Check by certified operator”
means physical examination of the boiler and entries in the boiler logbook to ensure proper operation and maintenance.
“Hot water supply boiler”
means a low-pressure hot water heating boiler having a volume exceeding 120 gallons, heat input exceeding 200,000 Btu per hour, or an operating temperature exceeding 200 degrees Fahrenheit that provides hot water to be used externally to itself.
“Low-pressure hot water heating boiler”
means a boiler in which water is heated for the purpose of supplying heat at pressures not exceeding 160 pounds per square inch (“psi”) and temperatures not exceeding 250 degrees Fahrenheit.
“Low-pressure steam heating boiler”
means a boiler operated at pressures not exceeding 15 psi for steam.
“Observation experience”
is allowed for a Class IV Boiler Fireman certificate applicant and includes, but is not limited to, system diagrams and safety and operational procedures on a functioning permitted boiler. The applicant must submit a portfolio of these duties.
“Power hot water boiler” (high temperature water boiler)
means a boiler used for heating water or liquid to a pressure exceeding 160 psi or to a temperature exceeding 250 degrees Fahrenheit.
“Power steam boiler”
means a boiler in which steam or other vapor is generated at pressures exceeding 15 psi. For purposes of this chapter, the term shall not include a “small power boiler.”
“Recognized school of technology”
means a program, with a minimum of 1,200 hours and approved by Bates, that contains curriculum covering, but not limited to, boilers, refrigeration, electrical, and controls.
“Small power boiler”
means a boiler with pressures exceeding 15 psi, but not more than 100 psi and having less than 440,000 Btu per hour input.
“Steam engine/turbine”
means all prime movers using vapors from a boiler for motive power, steam driven compressors, and steam pumps, except steam pumps and similar auxiliaries used only as accessories for the operation of a boiler.
“Training program”
means a course approved by Bates.
“Twice daily check”
means the two daily inspections of a boiler that are required to be recorded in the boiler logbook by this chapter. The first check of the day shall be made more than eight hours after the last recorded check of the previous day; the second check of the day shall be made at least six hours after the first recorded check of the day. This definition shall not preclude, in any way, additional checks being made to ensure safe operation of a boiler.
(Ord. 27297 § 1, 2004-11-23)
There shall be five grades of certificates to cover the operation and maintenance of boiler plants, such grades of certificates to be designated and limited as follows:
A. 
Class I chief operating engineer certificate shall entitle the holder to take complete charge of the operation and maintenance of any boiler plant.
B. 
Class II operating engineer certificate shall entitle the holder to operate or to have charge of the operation of any boiler plant while on duty, under the direct supervision of a chief operating engineer. In plants where there is not a certified chief operating engineer, the certificate holder is limited to operation of a boiler plant not exceeding an aggregate of 300 million Btu per hour input.
C. 
Class III operating engineer certificate shall entitle the holder to operate any boiler plant under the direct supervision of a certified Class I chief operating engineer or Class II operating engineer. When not working under the direct supervision of a Class I chief operating engineer or Class II operating engineer, the certificate holder is limited to operation of a boiler plant not exceeding an aggregate of 50 million Btu per hour input.
D. 
Class IV boiler fireman certificate shall entitle the holder to operate any boiler plant under the direct supervision of a certified Class I chief operating engineer or Class II operating engineer. The certificate holder is limited to operation of a boiler not exceeding an aggregate of 20 million Btu per hour input.
E. 
Class V boiler fireman certificate shall entitle the holder to operate any boiler not exceeding 5 million Btu per hour input.
(Ord. 27297 § 1, 2004-11-23)
If the capacity of a plant is increased in such a way that it exceeds the certificate limits of a certified operating engineer or boiler fireman employed at the plant, that person may, upon application, be certified by Bates for a provisional certificate of the same grade with limits extended to apply only to the plant where he or she is currently employed. This provisional certificate is allowed for a period not to exceed one year.
(Ord. 27297 § 1, 2004-11-23)
In lieu of a qualifying examination, Bates may accept, as evidence of meeting the approved certifying criteria, a valid, current, and unlimited license or certificate from other approved issuing agencies. When, in the judgment of Bates, the applicant’s submitted license or certificate is valid, the applicant has submitted a completed application and has paid the annual certificate fee, Bates will issue the equivalent class of certificate.
(Ord. 27297 § 1, 2004-11-23)
The following installations shall not require a certified operator:
A.
Any boiler or steam engine subject to federal regulations;
B.
Heating boilers in Group R, Division 1 occupancies of less than six units; Group R, Division 3 occupancies; and Group M occupancies, as defined in the Building Code, as now or hereafter amended;
C.
Low-pressure hot water, low-pressure steam, and hot water supply boiler plants having inputs of less than 2,500,000 Btu per hour;
D.
Any boiler having an input of less than 100,000 Btu per hour and a maximum pressure of 100 psi or less;
E.
Potable water heaters;
F.
Any boiler not subject to reinspection by the Washington State Boiler Code; and
G.
Any wastewater treatment plant low-pressure hot water heating boiler maintained and operated as directed by a person with a Wastewater Operator Certificate Group II or above.
Boiler operator certificates shall not be required for any person in charge of, or operating, the following:
A.
Any boiler or steam engine subject to federal regulations;
B.
Any boiler not subject to reinspection by the Washington State Boiler Code;
C.
Low-pressure hot water, low-pressure steam, and hot water supply boiler plants having inputs of less than 2,500,000 Btu per hour;
D.
Any boiler having an input of less than 100,000 Btu per hour and a maximum pressure of 100 psi or less;
E.
Potable water heaters;
F.
Any boiler plant exceeding an aggregate of 500 million Btu per hour input, when the following are also in place:
 
1.
The facility has a boiler operator training program commensurate with the size of its operation;
 
2.
Degreed engineers supervise the maintenance and operation of the boiler plant; and
 
3.
An independent authorized inspector, such as a Factory Mutual Global Insurance Company, regularly inspects boiler plant maintenance and operation.
(Ord. 27297 § 1, 2004-11-23; Ord. 28220 Ex. A, 2014-05-06)
A. 
Every certified operating engineer or boiler fireman, before operating any boiler, shall first examine the boiler inspection certificate issued for the boiler to see that the boiler inspection certificate is in force, and if the certificate has expired, the boiler shall notify his or her employer. If the boiler inspection certificate has been expired for more than 90 days, he or she shall notify the employer and then the Washington State Boiler Inspector of the date of expiration.
B. 
Whenever the certified operating engineer or boiler fireman believes that any part of a boiler is in defective or potentially unsafe condition, he or she shall report the fact to the employer in writing. If immediate corrective action is not taken, he or she shall report such defective or potentially unsafe condition to the Washington State Boiler Inspector.
C. 
The certified operating engineer or boiler fireman in charge of any boiler shall report to his or her employer, the Washington State Boiler Inspector, and Bates any damage to a boiler under his or her charge or care which affects the safe operation of the boiler.
D. 
It shall be the duty of each certified operating engineer and boiler fireman to report serious negligence in the care of boilers to his or her employer, the Washington State Boiler Inspector, and Bates.
(Ord. 27297 § 1, 2004-11-23)
All operating engineers and boiler firemen certified under this chapter shall examine each boiler and boiler logbook in accordance with the frequency of examinations required in this section. Failure to do so may result in the immediate suspension or revocation of the license of such person. The following are the minimum attendance requirements and shall not preclude in any way additional checks being made to ensure safe operation of the boiler.
A. 
Non-automatic boilers. The following requirements relating to the frequency of observation and/or inspection of boilers shall apply to the operation of non-automatic boilers:
1. 
No certified operating engineer or boiler fireman in charge of a boiler or boiler plant which requires a certificate of Class I, II, III, IV, or V under this chapter for operation shall leave the immediate vicinity of the boiler or boiler plant while it is being operated.
2. 
No certified operating engineer or boiler fireman in charge of any boiler or steam plant may leave the premises of his or her employment when the boiler is being operated without first shutting off all sources of heat in the boiler or being relieved by a person possessing a proper class of certificate.
3. 
The constant attendance requirement shall not apply to the operation of power steam boilers having less than 1,000,000 Btu per hour input where such boilers are equipped with approved automatic burners, automatic burner safety controls, and automatic water-feeding devices in accordance with WAC 296-104-265, as now or hereafter amended, relating to oil and gas burners or such boilers so equipped; the attendance requirements shall be checked by a certified operator at two-hour intervals.
4. 
The constant attendance requirements shall not apply to the operation of small power boilers where such boilers are equipped with approved automatic burners, automatic burner safety controls, and automatic water-feeding devices in accordance with WAC 296-104-265, as now or hereafter amended, relating to oil and gas burners or such boilers so equipped; the attendance requirements shall be checked by a certified operator at least twice daily.
B. 
Automatic boilers. The following requirements related to the frequency of observation and/or inspection of boilers shall apply to the operation of automatic boilers:
1. 
Low-pressure hot water boilers, low-pressure steam heating boilers, and hot water supply boilers with an input capacity of over 20,000,000 Btu per hour shall be checked by a certified operator at a minimum of two-hour intervals.
2. 
Low-pressure hot water heating boilers, low-pressure steam heating boilers, and hot water supply boilers with an input capacity over 5,000,000 Btu per hour, but less than or equal to 20,000,000 Btu per hour input, shall be checked by a certified operator at a minimum of six-hour intervals.
3. 
Low-pressure hot water heating boilers, low-pressure steam heating boilers, and hot water supply boilers with a capacity of 2,500,000 to 5,000,000 Btu per hour input shall be checked twice daily by a certified operator.
4. 
Small power boilers shall be checked by a certified operator at least twice daily.
5. 
Power hot water boilers and power steam boilers with a capacity over 100,000 Btu per hour input shall be checked by a certified operator at two-hour intervals.
(Ord. 27297 § 1, 2004-11-23)
A. 
The original operating engineer or boiler fireman certificate shall be posted in a conspicuous place in the plant where the holder is employed. If the posting of his or her certificate is not practical, such certificate shall be held on his or her person and, on demand, he or she shall exhibit same. Those certificate holders that work in more than one location may copy their certificates for multiple postings.
B. 
A certified operating engineer or boiler fireman shall perform the following duties in connection with his or her operation and maintenance of boilers:
1. 
Test the operation of the boiler and its control and safety devices on a routine basis in accordance with nationally recognized standards and/or boiler and control manufacturer’s written recommendations.
2. 
Maintain and operate the equipment in a safe manner and according to nationally recognized standards. Attendance requirements are addressed in Section 6B.60.080.
3. 
Prepare and maintain a boiler logbook with supplemental and pertinent boiler data attached or contained in a separate and readily accessible book, as may be required by the boiler inspector and the senior certificate holder in charge of the boiler operation. Such pertinent boiler data shall include, but not be limited to, recommended set points or operating limits for all control devices and recommended firing rates, as well as any other pertinent data for that boiler. The operating instructions shall specify that observations of unsafe conditions shall require immediate shutdown of the boiler and recording the condition in the boiler logbook. The attached supplemental information on unsafe conditions, if it remains unchanged, shall be transferable from logbooks and kept with the current book for use in comparing readings. The boiler logbook shall be kept on the premises at all times and be available for inspection.
C. 
The certified operator shall:
1. 
Make entries into a boiler logbook, including pertinent boiler data required by the boiler owner, a boiler inspector, and/or the senior certificate holder in charge of the boiler operation. These entries shall list such items as any unusual conditions observed, including safety shutdowns, repairs required, adjustments required and/or made, and any procedural changes. All entries shall be made in the boiler logbook with permanent ink and must include the signature of the person making such readings, observations, or adjustments. It shall be lawful to cross out words or sentences that should be changed or corrected, but erasures are prohibited.
2. 
Follow designated procedures for the proper light-off, operating, and shut down as set forth in the attachment to the boiler logbook. Determine the proper firing rate and the set point or operating limits of all safety devices required by the attachment.
3. 
Monitor and record boiler and auxiliaries to insure safe operation. Monitoring and recording shall include, but not be limited to, water gauge level, boiler pressure, oil temperature, fuel oil suction line pressure, high and low gas pressure, stack temperature, and windbox pressure. Such temperatures, pressures, vacuums, and levels are to be observed by the boiler operator as often as safety requires, but not less frequently than required in Section 6B.60.080.
4. 
Attend the start-up of a boiler out of service after corrective work has been performed on the boiler, its firing equipment, or its control and safety devices, and remain in constant attendance until:
a. 
The boiler has reached its present operating range of pressure;
b. 
The primary controls and safety devices have been proved; and
c. 
The boiler is acceptable for continued operation.
5. 
Attend the start-up of a boiler after a safety device has shut down the boiler, and remain in constant attendance until:
a. 
The boiler has reached its present operating range of pressure;
b. 
The primary controls and safety devices have been proved; and
c. 
The boiler is acceptable for continued operation.
6. 
Be in attendance during light-off of original boiler equipment being installed and under the control of:
a. 
The boiler manufacturer or his or her representative;
b. 
A boiler installation contractor making the installation under a manufacturer’s written instructions and recommendations; or
c. 
A boiler or burner installer making such installations under the manufacturer’s written instructions and recommendations.
7. 
Be in attendance during light-off following adjustment or authorized boiler or burner manufacturer alterations made by a representative of the manufacturer, contractor, or installer within the guarantee or warranty time period when they are obliged to render such service. The representative, contractor, or installer shall furnish, in writing, the boiler operator with recommended set points or operating limits of all control devices and recommended firing rates as well as any other pertinent data, and shall record all subsequent changes, adjustments, alterations, or recommendations in the boiler logbook with his or her signature.
8. 
Not allow adjustments by others without the authority of the certified operator and shall be limited to:
a. 
Restoring control devices to original factory-operating conditions at the set point or within the operating limits determined by the certified operator and set forth in the boiler logbook.
b. 
Repair and/or adjustment of the burner system for viscosity changes or to correct fuel-air ratios to restore proper operation at the firing rate indicated in the boiler logbook by the certified boiler operator.
c. 
Repair and/or adjustment of any other system not directly related to the primary safety controls or to the pressure vessel to restore such system to proper operating conditions.
Entries of such repairs or adjustments shall be made in the boiler logbook and shall include the name of the repair firm making such repairs or adjustments.
9. 
Be responsible for the proper operation, maintenance, and inspection of all controls and safety devices, according to their requirements, as follows:
a. 
Examine each boiler and boiler logbook in accordance with the frequency of examinations required. The examination shall include the testing of all control devices required for automatic boiler by any governing codes and the testing of monitoring systems when used; and
b. 
Inspect and test all other controls on the boiler and flush the low-water fuel cutoffs, if applicable, to assure that all control devices are in safe and proper operation.
10. 
Permit continued automatic boiler operation only if his or her examination, inspection, and testing indicate that the boiler is in a safe operating condition. No modification or revision to the boiler or its control devices shall be made except under his or her supervision.
(Ord. 27297 § 1, 2004-11-23)
It is unlawful for any person to knowingly:
A. 
Prevent or attempt to prevent any certificate holder under this chapter from performing any act required to be performed by this chapter.
B. 
Require or attempt to require any certificate holder under this chapter to perform any act prohibited by this chapter.
(Ord. 27297 § 1, 2004-11-23)
A. 
Violations subject to penalty.
1. 
Boiler owner. Whenever a boiler is operated without proper supervision or by a certified boiler operator without the proper class of certificate, the owner of the boiler shall be subject to a civil penalty in the amount of $250. Each and every day that this provision is violated shall be considered a separate violation for which the owner of the boiler shall be subject to a penalty.
2. 
Boiler operator. Whenever a boiler is operated by a person who does not have a boiler operator’s certificate, or the boiler operator’s certificate does not include the size of the boiler being operated, the operator or the person tending the boiler shall be issued a civil penalty of $250. Each and every day that this provision is violated shall be considered a separate violation for which the operator shall be subject to penalty.
B. 
Issuance of civil citation.
1. 
Issuance of civil citation. When a civil citation is issued because of violation of this chapter, it shall be either:
a. 
Mailed to the person receiving the civil citation by first-class mail; or
b. 
Handed directly to the person being cited, in which case the person being cited shall be asked to sign a receipt that the citation has been received. If the person being cited will not sign the receipt, the person serving the citation shall indicate on a copy of the citation that it was served and the person being cited would not sign the receipt, and the server shall sign his or her name and record the date when the citation was served.
2. 
Content of the civil citation. A civil citation, when issued, shall include all of the following information:
a. 
The name of the person being cited;
b. 
The mailing address of person being cited (this may be either the person’s home address or the address of his or her place of business or employment);
c. 
Description of the violation;
d. 
Address where the violation occurred;
e. 
Date the citation was issued;
f. 
Name of the issuing enforcement officer;
g. 
Instructions and addresses for paying the penalty; and
h. 
Whether this is the first citation or one of a series of citations, and the cumulative penalties assessed.
C. 
Administrative appeals.
1. 
General. A person may request a one-time administrative review of a violation or civil penalty by filing a written request with the Director within 30 calendar days of the date of the civil citation issued for the violation.
2. 
Requesting an administrative appeal. A person may, within ten days from the date that the civil penalty or citation was mailed or served, request an administrative review of the civil penalty or violation by filing a written request with the Department. The written request shall state the reasons supporting the review of the civil penalty or the violation. Failure to state the basis for the review shall be cause for dismissal. Upon receipt of a valid request for an administrative review, the Director shall review the information provided.
After considering all the information provided, including that of the officer or agent of the City issuing the citation and the advice of the City Attorney, or his or her designee, the Director shall determine whether a violation has occurred and shall affirm, vacate, suspend, or modify any monetary penalty imposed by the civil citation. The decision of the Director shall be delivered by certified mail, return receipt requested, and first-class mail.
The Director shall not modify or suspend any monetary penalty unless he or she finds that the request for administrative review is not intended solely to delay compliance, that the request is not frivolous, that the applicant made a reasonable and timely effort to comply with this chapter, and any other relevant factors.
3. 
Appeal to the hearing examiner. A person may appeal the decision by the Director, including the determination that a violation exists, by filing a written notice of appeal with the City Clerk within 14 calendar days of the date of the decision. The basis of appeal shall be set forth in writing. Failure to state the basis of appeal in writing shall be cause for dismissal of the appeal. Upon receipt of the appeal, the Hearing Examiner shall schedule a hearing to consider the appeal. The appellant shall be notified of the date, time, and place of the public hearing by first-class mail to the appellant’s address as indicated on the appeal request.
4. 
Monetary penalty. The monetary penalty for a continuing violation does not accrue pending the appeal hearing; however, the Hearing Examiner may impose a daily monetary penalty not to exceed $250 per day from the date of service of the civil penalty if he or she finds that the appeal is frivolous or intended to delay compliance.
5. 
Action of the hearing examiner. Appeals of the Hearing Examiner’s decision on appeal. Appeals of the Hearing Examiner’s decision on appeal shall be made in accordance with TMC Chapter 1.23. The Hearing Examiner shall not modify or suspend any monetary penalty unless he or she finds that the appeal is not frivolous or intended solely to delay compliance, that the applicant made a reasonable and timely effort to comply with the Boiler Operator’s Code, and considers any other relevant factors.
6. 
Collection of monetary penalty.
a. 
The monetary penalty constitutes an obligation of the person to whom the civil penalty is directed. Any monetary penalty must be paid to the City Clerk within 30 calendar days from the date of service of the civil citation or, if an appeal is filed, within 30 calendar days of date of the decision of the Director or the Hearing Examiner’s decision on appeal, whichever is applicable.
b. 
Civil penalties that are not paid within 30 calendar days shall be referred to a collection agency officially approved by the City for collection.
D. 
Additional enforcement procedures. The provisions of this chapter may be used in addition to other enforcement provisions or remedies authorized by this code or other applicable law.
E. 
Inspection. The Director is empowered to inspect any building, structure, or premises in the City where a boiler is located for the purpose of determining if the boiler operator has the proper certificates to authorize his or her operation of the boilers on the premises. Such inspections shall be carried out during business hours, unless an emergency exists.
(Ord. 27297 § 1, 2004-11-23; Ord. 27874 Ex. B, 2010-02-23)