i OFFICE OF THE ATTORNEY GENERAL OF +AS 

AUSTIN \ fh 

-=- 

a-~- N5 

Honorable Joe Kuneohlk, Commissioner 

Bureau of Labor Statistics 

Austin, Texas 

Dear sir: 

are within 

r&red vessels. 

enerators; .shall 

fe, aonsiderlng the 

aomeoted therewith 

a conneatlon, we desire 

pment only shall be 

roe thie requirement 

at an idea of the equipment 

on may be had, the following 

assel might be considered a6 a unit 

oontaining coils somewhat similar to those 

used in some 11.A water heater*. ~h8 riamca 

will be under these coil.8 afid will generate 

the steam. 

*Next to the above unit, and aonneoted 

therewith .by pipets, is an ;unrlred veseel 

which stores steam that haa been generated. 
Honorable Joe Kunsohlk, page 2 

nMert to the unfired vcsssel is a vessel 

somewhat llk4 a hot water tank. 

"The Steam fr3m the generating vessel passes 

into the unfired vessel and the steam may pass 

from this unfired vessel by hos4 to an automobile nearby which is to be cleaned by steam. 

The oteaifr from the g4nsrating vessel may also 

,pass.into the unfired vessel and then into the 

separate water tank, thereby heatir& the water. 

This genersting unit is represented to be able 

to generate 1W pounds of steam pressure within 

five minutes from a cold. start; therefora, a 

st&m pressure of 100 pounder or mare may exist 

In the unfired vessel whloh 5.8 within a root or 

the stetiim gen4rator and also wfthln a foot of 

the ~water tank. 

43ur desire is to requlr4 that this entir4 

aasembly c>r unit shall be equipped with adequat4 

8arety appllanoes asd appurtenances and that the 

operation of this entire aos4mbly or unit shall 

be sately oarrled on. In other words, if th4 

unflrsd vessel is not 0r eurrioient strength to 

withstand the maxImum pressurs that the ~4nnrator 

will oreata, w4 d4sire to require that it shall 

be of eufflolent atrength or else, be equipped with 

an adequate pop off valve, and ahy and all other 

8awm, and neoeaeary Saf4ty appurt4nanoBs.v 

geotion 2 of Article 822la, prnon*a Annotated Civil 

gtatutea, provides in parts 

*NO steam boiler, unlssa otherwise' rpeclfloally 

exempted in this Aot, shall be operated within the 

State of Texas unless suah boiler has been reglatered within the pureau of Labor Statistics and 

there shall have been issued a Csrtlficate Of 

operation for such boiler, as herslnafter provided for, c . .4 

Seotion 1 of grtiale 62214, Vernon's Annotated Civil 

statutea, defines a *bollerR 881 
Honorable Joe Zunscrhik, page 3 

"'Boiler' as used herein shall mean any vessel 

used for generating. steam for power or heati%, pusposes." 

section 6 of the Act provides for the promulgation 

of rules and regulations by the Commissioner bnd our attention 

has been dlraotad to oertaln such rules and regulations that 

k;;ez;en adopted requiring the us4 of eafety.equlpment on 

. 

The purpose of the Texas Boiler Inspeatlon Act is 

to promote safety In the use and opsratlon of steam gensrators. 

Nlohols Y. Park (C.C.A. 1938), lP9 8. W. (2d) 1066. Bearing 

In mind that the Act is bottomed upon an exercise of the Le.&V 

latlve polite paver to provlds a m4asur4 of safety in the us4 

oi dangerous instruments, w4 believe It would be a Barrow oonstruotlon of the Act indeed to r4strlot its application to 

one vessel operating with others as a unit in ths generation 

and storage of steam ior power or heating purposes. To our 

mind the phrase Vess41 used for generating steam for power or 

heating purposesw~ls synonymous ulth the phrase V4ssel used 

in the prooess of generatfng and making available st4am ior 

power or heating purposes.w 

It is our opinion and you are rsspeottully advised 

that machines of the type desarlbed in your letter are vessals 

us4d ror generating steam and, as a unit, are dthln the.Texas 

Boiler Insprotlon Act, and subJect to th4 regulatory powers Or 

the Bureau or Lebor statlstlas. 

Very truly yours 

A~ORNBYCBt?BRALO~~A8 

Assistant