Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 229 - DEPARTMENT OF LABOR › Chapter 1 - DEFINITIONS › Section 229-1-002

Current through June 17, 2024
Unless the context otherwise requires, the following
				  definitions shall apply for purposes of this title.
ACCIDENT - means any undesired boiler or pressure vessel
				  event that results in personal injury or property damage. This does not include
				  events of routine nature due to the normal operation of a boiler or pressure
				  vessel such as tube leaks, general leakage from the pressure boundary,
				  corrosion, erosion, or other items that are typically associated with
				  maintenance or repair.
ACT - means the Boiler Inspection Act
(Neb. Rev.
				  Stat.
§§
									48-719
				  to
				  48-743
				  ).
ALTERATION - Any change in the item described on the original
				  manufacturer's data report which affects the pressure-containing capability of
				  the boiler or unfired pressure vessel. Nonphysical changes such as an increase
				  in the maximum allowable working pressure (internal or external) or design
				  temperature of a boiler or unfired pressure vessel shall be considered an
				  alteration. A reduction in minimum temperature such that additional mechanical
				  tests are required shall also be considered an alteration.
ANSI CODES - The codes of the American National Standard
				  Institute, Inc., which are incorporated by reference in the Boiler Inspection
				  Act at
Neb. Rev. Stat.
§
									48-727.
				  A copy of the adopted codes is on file in the office of the Commissioner or the
				  Commissioner's designee, and may be obtained from the American National
				  Standards Institute at 11 West 42nd Street, New York, NY 10036.
ANTIQUE BOILERS - Any power steam boiler and other boilers of
				  a historical nature, leisure or heritage value which are not in general use for
				  profit. To include but not be limited to the following as determined by the
				  Department; steam tractors, cranes, locomotives, trains, and steam powered
				  objects.
API - The American Petroleum Institute.
API-510, Pressure Vessel Inspection Code - The code for
				  maintenance inspection, repair, alteration and re-rating procedures for
				  pressure vessels used by the petroleum and chemical process industries, and
				  published by the American Petroleum Institute. The Code is incorporated by
				  reference in the Boiler Inspection Act at
Neb. Rev. Stat.
§
									48-727.
				  A copy of the code is on file in the office of the Commissioner or the
				  Commissioner's designee and may be obtained from the American Petroleum
				  Institute, 1220 L Street N.W., Washington, D.C. 20005-4070.
API/ASME CODE - refers to the Code for Unfired Pressure
				  Vessels for Petroleum Liquids and Gases, used in conjunction with the ASME
				  Code, as defined in these rules and regulations. This code existed from 1934 -
				  1956, and is no longer in use.
API CERTIFIED INSPECTOR - An inspector who is certified by
				  the American Petroleum Institute to perform functions specified in
				  API-510.
APPROVED - means approved by the Boiler Safety Code Advisory
				  Board. The Boiler Safety Code Advisory Board, created pursuant to
Neb.
				  Rev. Stat.
§
									48-739,
				  shall hold hearings and advise the Commissioner on regulations for methods of
				  testing equipment, the construction and installation of new boilers and
				  pressure vessels required to be inspected by the Boiler Inspection Act, and for
				  inspection and certificate fees for such boilers and pressure vessels.
ASME - The American Society of Mechanical Engineers.
ASME CODE - The American Society of Mechanical Engineers
				  Boiler and Pressure Vessel Code. The Code is incorporated by reference in the
				  Boiler Inspection Act at
Neb. Rev. Stat.
§
									48-727.
				  A copy of the code is on file in the office of the Commissioner or the
				  Commissioner's designee and may be obtained from said society at 345 East 47
				  Street, New York, New York 10017.
ASME CODE STAMPING
ASME Certification Mark - The standard stamp of the American
				  Society of Mechanical Engineers that is to be applied to all boilers and
				  pressure vessels constructed to the requirements of the ASME Code and certified
				  on-or-after January 1, 2013. A Designator marking shall be applied below the
				  ASME Certification Mark that indicates the appropriate ASME Code section used
				  in construction and design of the item.
ASME Code Symbol Stamp - The stamping applied to an ASME Code
				  boiler or pressure vessel certified prior to January 1, 2013. Each section of
				  the ASME Code has a unique stamp that indicates the appropriate ASME Code
				  section used in construction and design of the item.
References in this Code, NAC Title 229, to the ASME
				  Certification Mark shall be taken to mean the ASME Code Symbol Stamp for those
				  boilers certified prior to January 1, 2013.
ASME INTERNATIONAL - The American Society of Mechanical
				  Engineers International, formerly known as the American Society of Mechanical
				  Engineers (ASME). ASME International is located at 345 East 47 Street, New
				  York, New York 10017.
AUTHORIZED INSPECTION AGENCY - means one of the
				  following:
The Department of Labor, Office of Safety and Labor
				  Standards, for the State of Nebraska.
An insurance company which has been licensed or registered by
				  the appropriate authority of Nebraska to write and does write boiler and
				  pressure vessel insurance, and to provide inspection service of boilers and
				  pressure vessels in Nebraska and whose inspectors hold valid commissions issued
				  by The National Board of Boiler and Pressure Vessel Inspectors.
A company that has been qualified as an Authorized Inspection
				  Agency by The National Board of Boiler and Pressure Vessel Inspectors in
				  accordance with NB-369,
Qualifications and Duties for Authorized
				  Inspection Agencies (AIAs) Performing Inservice Inspection Activities and
				  Qualifications for Inspectors of Boilers and Pressure Vessels,
and
				  which has been approved by the appropriate authority of Nebraska to perform
				  boiler and pressure vessel inspections within the state, and whose inspectors
				  hold valid commissions issued by The National Board of Boiler and Pressure
				  Vessel Inspectors.
An owner-user inspection organization which has been approved
				  by the State of Nebraska to provide inspection service of pressure vessels in
				  the State and whose inspectors hold valid commissions issued by The National
				  Board of Boiler and Pressure Vessel Inspectors, or whose inspectors are
				  certified by the American Petroleum Institute.
BOILER - A closed vessel in which water or other liquid is
				  heated, steam or vapor is generated, steam or vapor is superheated, or any
				  combination thereof, under pressure or vacuum, for internal or external use to
				  itself, by the direct application of heat and an unfired pressure vessel in
				  which the pressure is obtained from an external source or by the application of
				  heat from an indirect or direct source. The term boiler includes fired units
				  for heating or vaporizing liquids other than water only when such unit is
				  separate from processing systems and complete within itself. The term boiler
				  also shall include the apparatus used by which heat is generated and all
				  controls and safety devices associated with such apparatus or the closed
				  vessels. The types of boilers included in these rules and regulations are as
				  follows:
Power Boiler - A boiler in which steam or other vapor is
				  generated at a pressure of more than 15 psig for use external to itself. ASME
				  Code Symbol Stamps or Designators: A, S, M, E, PP.
High-Temperature Power Boiler - A boiler in which water or
				  other fluid is heated and intended for operation at pressures in excess of 160
				  psig and/or temperatures in excess of 250 degrees Fahrenheit. This boiler bears
				  the ASME Code Symbol Stamps or Designators: A, S, M, E, PP.
Low Pressure Heating Boilers for external space heating
				  systems include the following:
A steam boiler operating at a pressure not exceeding 15 psig;
				  or
Hot water heating boilers and hot water supply boilers
				  operating at pressures not exceeding 160 psig and/or temperatures not exceeding
				  250°F.
A boiler with the ASME Code Symbol Stamps or Designators: H,
				  HC, HA.
Electric Boiler - A power boiler or low pressure heating
				  boiler in which the source of heat is electricity.
Miniature Boiler - A power boiler or high-temperature boiler
				  which does not exceed the following limits:
- 16 inch inside diameter of shell;
- 20 square feet heating surface (not applicable to electric
				  boilers);
- 5 cubic feet gross volume exclusive of casing and
				  insulation;
- 100 psig maximum allowable working pressure.
This boiler bears the ASME Stamps or Designators: S, M,
				  E
Portable Boiler - A power boiler or low-pressure heating
				  boiler which is primarily intended for temporary location and the construction
				  and usage permits it to be readily moved from one location to another.
Hot Water Supply Boiler - A low pressure heating boiler used
				  to heat water for purposes other than space heating to be used externally to
				  itself.
Heat Recovery Steam Generator - A power boiler comprised of a
				  heat exchanger that uses a series of heat transfer sections (e.g. superheater,
				  evaporator, and economizer) positioned in the exhaust gas flow of a combustion
				  turbine to recover heat and supply a rated steam flow at a required temperature
				  and pressure. This definition includes those boilers typically defined or
				  referred to as Waste Heat Recovery Steam Generators.
Hobby Boiler - Any power steam boiler and other boilers of a
				  historical nature, leisure or heritage value which are not in general use for
				  profit. To include but not be limited to the following as determined by the
				  Department; steam tractors, cranes, locomotives, trains, and steam powered
				  objects.
Pool Healer - A boiler designed for heating nonpotable water
				  stored at atmospheric pressure such as water in swimming pools, spas, hot tubs,
				  and similar applications. ASME Code Symbol Stamps or Designators: H, HC, HA,
				  HLW.
Water Heater - A closed vessel used to supply potable hot
				  water external to itself which is heated by the combustion of fuels,
				  electricity or any other source and withdrawn for use external to the system at
				  pressures not exceeding 160 psig, and shall include all controls and devices
				  necessary to prevent water temperatures from exceeding 210 degrees Fahrenheit.
				  This boiler has the ASME Code Symbol Stamps and Designators: HLW
BOILER EXTERNAL PIPING - refers to all piping and components
				  connected to a power boiler as defined in ASME B 31.1 Power Piping and ASME
				  Section I- Power Boilers.
BOILER NON-EXTERNAL PIPING - refers to all piping and
				  components connected downstream of the boiler external piping as defined in
				  ASME B 31.1 - Power Piping.
BTU/HR - British thermal units per hour.
CERTIFICATE OF INSPECTION - An operating permit issued by the
				  State of Nebraska following a satisfactory inspection that indicates the boiler
				  or unfired pressure vessel complies with the Boiler Inspection Act and is
				  permitted to operate.
COMMISSIONER - means the Commissioner of Labor for the State
				  of Nebraska.
CONDEMNED BOILER OR PRESSURE VESSEL - A boiler or pressure
				  vessel that has been inspected and declared unsafe or disqualified by legal
				  requirements by an inspector, and a stamping or marking has been applied by the
				  Chief or a Deputy Inspector designating its condemnation.
CORROSIVE SUBSTANCE - Any fluid that cause physical or
				  chemical alteration of the pressure containing materials of a vessel.
DEPARTMENT - means the Department of Labor of the State of
				  Nebraska.
DERATING - The derating of a boiler or unfired pressure
				  vessel due to any change in the pressure retaining items as described in the
				  original manufactures original data report such that the boiler or unfired
				  pressure vessel cannot be operated within the pressure temperature limits of
				  original design.
EXISTING INSTALLATION - Any boiler or unfired pressure vessel
				  that was installed or within this state ready to be installed or has previously
				  operated in this state prior to the effective date of the most recent
				  amendments of this chapter.
EXTERNAL INSPECTION - means as reasonable an inspection as
				  can be made of the external portions of a boiler or pressure vessel, ideally
				  when the boiler or pressure vessel is in operation.
HAZARDOUS SUBSTANCE - Any fluid for which there is
				  statistically significant evidence based on at least one study conducted in
				  accordance with established scientific principles that acute or chronic health
				  effects may occur in exposed employees, or any fluid that causes a sudden,
				  almost instantaneous release of pressure, gas and heat when subjected to sudden
				  shock, pressure or high temperature.
INSPECTOR - refers to the chief inspector, deputy inspector,
				  special inspector, or owner-user inspector, defined as follows:
CHIEF INSPECTOR - means the State Boiler Inspector, appointed
				  by the Commissioner under the provisions of
Neb. Rev. Stat.
§
									48-721.
DEPUTY INSPECTOR - means the Deputy Boiler Inspector
				  appointed by the Commissioner under the provisions of
Neb. Rev. Stat.
§
									48-721.
SPECIAL INSPECTOR - includes the following:
An inspector employed by an insurance company or Authorized
				  Inspection Agency, which is authorized to insure or inspect boilers in the
				  State of Nebraska, and who shall have been commissioned by the Commissioner.
				  Such inspectors shall be commissioned by the Commissioner provided they hold
				  valid commission from the National Board of Boiler and Pressure Vessel
				  Inspectors; or,
An inspector employed by an Authorized Inspection Agency and
				  is authorized to inspect boilers and pressure vessels during new construction
				  in the field or at the place of manufacture, or to inspect boilers and pressure
				  vessels during repair or alteration activities. Such inspectors shall be
				  commissioned by the Commissioner provided they hold a valid commission with
				  appropriate endorsements from the National Board of Boiler and Pressure Vessel
				  Inspectors; or,
An inspector who holds a valid National Board Owner-User
				  Commission who has passed the examination prescribed by the Board or is an API
				  Certified Inspector under a jurisdictionally approved owner-user inspection
				  organization.
INTERNAL INSPECTION - means as complete an examination as can
				  reasonably be made of the internal and external surfaces of a boiler, or
				  pressure vessel while it is shut down and while the manhole plates, handhole
				  plates or other inspection opening closures are removed, as required by the
				  inspector.
JURISDICTION - The State of Nebraska.
LETHAL SUBSTANCE - Poisonous gases or liquids (fluids) of
				  such a nature that a very small amount of the gas or of the vapor of the liquid
				  mixed or unmixed with air is dangerous to life when inhaled. For purposes of
				  regulations, this definition includes substances of this nature which are
				  stored under pressure or may generate a pressure if stored in a closed vessel.
				  (Pressure vessels containing lethal substances shall be built in accordance
				  with ASME Section VIII, Division I, UW-2.)
NATIONAL BOARD - The National Board of Boiler and Pressure
				  Vessel Inspectors, (NBBI) 1055 Crupper Avenue, Columbus, Ohio 43229, whose
				  membership is composed of the chief inspectors of jurisdictions who are charged
				  with the enforcement of the provisions of a Boiler and Pressure Vessel Safety
				  Act.
NATIONAL BOARD COMMISSION - A certificate issued by National
				  Board to an individual who has passed the National Board examination, who holds
				  a valid certificate of competency and who is regularly employed by an
				  Authorized Inspection Agency.
NATIONAL BOARD COMMISSIONED INSPECTOR - refers to an
				  individual who holds a valid Certificate of Competency to perform in-service,
				  repair and alteration inspections as defined by the National Board Inspection
				  Code; holds a National Board Commission; and is regularly employed as an
				  inspector by an Authorized Inspection Agency.
NATIONAL BOARD INSPECTION CODE - The code for jurisdictional
				  authorities, inspectors, users and organizations performing inspections,
				  repairs and alterations to pressure retaining items at installations other than
				  those covered by API-510 and API-570 unless the jurisdiction rules otherwise.
				  The code is published by the National Board and is developed under procedures
				  accredited as meeting the criteria for American National Standards. A copy of
				  the code is on file in the office of the Commissioner or the Commissioner's
				  designee and may be obtained from The National Board of Boiler & Pressure
				  Vessel Inspectors, 1055 Crupper Ave., Columbus, OH 43229-1183. Interpretations
				  of the NBIC can be used as issued unless there is a disagreement between the
				  organization wishing to use the interpretation and the Authorized Inspection
				  Agency. The Chief Boiler Inspector shall be contacted for resolution and
				  acceptance of any interpretation when there is a disagreement between the
				  organization wishing to use the interpretation and the Authorized Inspection
				  Agency. The Chief Boiler Inspector shall also be contacted for the approval for
				  use of any interpretation referencing an ASME Code Case.
NEBRASKA COMMISSION - A commission issued to Special
				  Inspectors by the Commissioner to inspect in-service jurisdictional boilers and
				  pressure vessels or to conduct repair, alteration or new construction
				  inspections of boilers and pressure vessels in the State of Nebraska.
NEW BOILER INSTALLATION - means and includes all boilers
				  contracted for, constructed, installed, and placed in operation after the
				  effective date of the most recent amendment of this chapter, whether the boiler
				  actually installed is new or used.
NFPA Codes - refers to the National Fire Protection
				  Association Codes as published by the National Fire Protection Association. A
				  copy of the adopted codes is on file in the office of the Commissioner or the
				  Commissioner's designee and may be obtained from the NFPA at P.O. Box 9143,
				  Quincy, MA 02169.
NPS - means Nominal Pipe Size.
ORIGINAL CODE OF CONSTRUCTION - Documents promulgated by
				  recognized national standards-writing bodies that contain technical
				  requirements for construction of pressure retaining items, or its equivalent,
				  to which the pressure-retaining item was certified by the original
				  manufacturer.
OWNER-USER - Any person, firm, or corporation legally
				  responsible for the safe installation, operation, and maintenance of any boiler
				  or pressure vessel within the jurisdiction.
OWNER-USER INSPECTION ORGANIZATION - An owner or user of
				  pressure vessels who maintains a regularly established inspection department,
				  quality control system, quality control manual and whose organization and
				  inspection procedures meet the requirements of the National Board Inspection
				  Code or API-510, as applicable and acceptable to the Boiler Safety Code
				  Advisory Board.
OWNER-USER REPAIR ORGANIZATION - A repair organization as
				  defined at section 3.16 of API-510 and approved by the jurisdiction or an
				  owner-user repair organization approved under the National Board Inspection
				  Code to work on pressure vessels owned or used by the owner-user
				  organization.
PRESSURE VESSEL - A vessel in which the pressure is obtained
				  from an external source, or by the application of heat from an indirect source,
				  or from a direct source other than those boilers defined in this chapter.
				  Pressure vessel shall include any part of the pressure vessel pressure boundary
				  as identified on the Manufacturer's Data Report, original drawings, or as
				  identified in the original code of construction. ASME Code Symbol Stamps or
				  Designators: U, U2, U3.
P.S.I.G. or PSIG - means pounds per square inch gage.
REINSTALLED BOILER OR PRESSURE VESSEL - A boiler or pressure
				  vessel removed from its original setting and reinstalled at the same location
				  or at a new location without change of ownership.
RELIEF VALVE - A pressure relief valve actuated by inlet
				  static pressure having a gradual lift generally proportional to the increase in
				  pressure over opening pressure. It may be provided with an enclosed spring
				  housing suitable for closed discharge system application and is primarily used
				  for liquid service.
REPAIR - means the work necessary to restore a pressure
				  retaining item to a safe and satisfactory operating condition.
REPAIR OF A PRESSURE RELIEF VALVE - The replacement,
				  re-machining or cleaning of any critical part, lapping of seat and disk or any
				  other operation which may affect the flow passage, capacity function or
				  pressure retaining ability of the valve. Disassembly, reassembly and/or
				  adjustments which affect the pressure relief valve function are also considered
				  a repair.
REPLACEMENT COMPONENT - refers to the installation of renewal
				  components, appurtenances and subassemblies or parts of a component or system
				  not affecting existing design requirements.
SAFETY RELIEF VALVE - A pressure relief valve characterized
				  by rapid opening or pop action, or by opening in proportion to the increase in
				  pressure over opening pressure, depending on application.
SAFETY VALVE - A pressure relief valve actuated by inlet
				  static pressure and characterized by rapid opening or pop action.
SECOND HAND BOILER OR PRESSURE VESSEL - A boiler or pressure
				  vessel which has changed location and ownership since primary use.
STANDARD BOILER OR PRESSURE VESSEL - A boiler or pressure
				  vessel which bears the stamp of this state, the ASME Certification Mark with
				  Designator, a National Board stamp, or the stamp of another National Board
				  Member jurisdiction which has adopted a standard of construction equivalent to
				  that required by the Board.