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&redvessels. enerators;

### .shall fe, aonsiderlng the 

### aomeoted therewith a conneatlon, we desire pment only shall be **roe** 

### thie requirement

at an idea of the equipment onmay behad, the following

assel might be considered a6 a unit oontaining coils somewhat similar to those **used** in some 11.Awater heater*. 

## ~h8riamca will beunder these coil.8afidwill 

### generate the steam.
*Next to the above unit, and aonneoted therewith .bypipets,is an ;unrlredveseel which **stores** steam that haa been generated.Honorable Joe Kunsohlk, page 2

nMert to the unfired vcssselis avessel somewhat llk4 ahot water tank.
"The Steam fr3m the generating vessel passes into the unfired vessel and the steammay pass from this unfired vessel byhos4 to an automobile nearby which is to be cleaned by steam. The oteaifr

from the g4nsrating vessel may also ,pass.intothe unfired vessel and then into the separate water tank, thereby heatir& thewater. This genersting unit is represented to beable to generate 1W pounds of steam pressure within fiveminutes 

### from a cold.start; therefora, a st&m pressure of 100 pounder or mare may exist Inthe unfired

## vessel whloh 5.8 within a root or the stetiim

gen4rator and also wfthln a foot of the~watertank.
43ur desire is to requlr4 that this entir4 aasembly c>runit shall be equipped with adequat4 8arety appllanoes asd appurtenances and that 

### the operation of this entire aos4mbly orunit shall be sately oarrled on. In other words, ifth4 unflrsd vessel

## is not

## 0reurrioient 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



### *NOsteam 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 881Honorable Joe Zunscrhik,page 3

"'Boiler' as used herein shall mean any vessel used for generating.steam forpower 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 Inmind that the Act is bottomed upon an exercise of the Le.&V latlve polite paver to provlds am4asur4 of safety inthe us4 oi dangerous instruments, w4 believe Itwould be a Barrow oonstruotlon of theAct indeed to r4strlot its application to one vessel operating with others as aunit in ths generation and storage of steam 

### iorpower **or** 

### heatingpurposes. 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 andmaking available st4am ior power **or** heating purposes.w

It is our opinion 

### and you are rsspeottully advised thatmachines of the type desarlbed in your letter 

### are vessals us4d 

### ror generating steam and, as aunit, aredthln 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