reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-23 - Regulation and Licensing of Technologically Enhanced Naturally Occurring Radioactive Material › Section 33.1-10-23-26 - Acceptable surface contamination levels for TENORM

Current through Supplement No. 393, July, 2024
1. Where surface
				contamination by both alpha and beta-gamma emitting nuclides exists, the limits
				established for alpha and beta-gamma emitting nuclides shall apply
				independently.
2. As used in this
				section, "disintegrations per minute" means the rate of emission by radioactive
				material as determined by correcting the counts per minute observed by an
				appropriate detector for background, efficiency, and geometric factors
				associated with the instrumentation.
3. Average contamination level.
a. For surface contamination by alpha
				emitting nuclides, the average contamination level shall not exceed five
				thousand disintegrations per minute per one hundred square centimeters of
				surface area.
b. For surface
				contamination by beta-gamma emitting nuclides, the average contamination level
				shall not exceed five thousand disintegrations per minute per one hundred
				square centimeters of surface area.
c. Measurements of average contamination
				level shall not be averaged over more than one square meter. For objects of
				less surface area, the average shall be derived for each object.
d. The average radiation levels associated
				with surface contamination resulting from beta-gamma emitters shall not exceed
				two microgray per hour [two tenths millirad per hour] at one centimeter and ten
				microgray per hour [one millirad per hour] at one centimeter, respectively,
				measured through not more than seven milligrams per square centimeter of total
				absorber.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-23 - Regulation and Licensing of Technologically Enhanced Naturally Occurring Radioactive Material › Section 33.1-10-23-27 - Specific licenses - Radiation protection program required

Current through Supplement No. 393, July, 2024
1. A licensee shall
				appoint a radiation safety officer, who agrees, in writing, to be responsible
				for implementing the radiation protection program. The licensee, through the
				radiation safety officer, shall ensure that radiation safety activities are
				being performed in accordance with licensee-approved procedures and regulatory
				requirements.
2. A licensee shall
				establish, in writing, the radiation safety officer's authority, duties, and
				responsibilities.
3. A licensee
				shall provide the radiation safety officer sufficient authority, organizational
				freedom, time, resources, and management prerogative, to:
a. Identify radiation safety
				problems;
b. Initiate, recommend,
				or provide corrective actions;
c.
				Stop unsafe operations; and
d.
				Verify implementation of corrective actions.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-23 - Regulation and Licensing of Technologically Enhanced Naturally Occurring Radioactive Material › Section 33.1-10-23-28 - Radiation safety officer - Qualifications

Current through Supplement No. 393, July, 2024
1. Except for
				licenses exclusive to the transport of TENORM waste, the specific licensee
				shall require an individual fulfilling the responsibilities of the radiation
				safety officer as provided in section
				33.1-10-23-27 to be an
				individual who has completed a department approved training program consisting
				of forty hours of classroom training in the following areas:
a. Characteristics of radiation;
b. Units of radiation dose and quantity of
				radioactivity;
c. Hazards of
				exposure to radiation;
d. Radiation
				detection and measurement;
e.
				Minimizing radiation exposure (time, distance, shielding, and respiratory
				precautions);
f. Use and types of
				personnel-monitoring equipment;
g.
				Proper use of protective equipment; and h. Transportation of licensed
				material.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-12 - Petroleum Tank Release Compensation Fund › Chapter 33.1-12-01 - General Fund Provisions › Section 33.1-12-01-01 - Definitions

Current through Supplement No. 393, July, 2024
For the purposes of this chapter, the following definitions
				  apply in addition to the definitions set forth in North Dakota Century Code
				  chapter 23.1-12:
1. "Annual base
				registration fee" means the portion of the total annual registration fee that
				is charged equally for all tanks based on the amount in the fund.
2. "Classification system matrix fee" means
				the portion of the total annual registration fee that is charged based on the
				department's matrix system with respect to the degree of hazard associated with
				the tank classification risk.
3.
				"Farm tank" means a tank located on a tract of land devoted to the production
				of crops or for raising animals and associated residences and
				improvements.
4. "Leak detection"
				means a detection system that performs line leak testing for underground piping
				connected to aboveground storage tanks.
5. "Properly registered tanks" means tanks
				having the current registration fee paid with an up-to-date online electronic
				tank certification or a signed and dated tank data sheet on file with the
				department.
6. "PTRCF program"
				means petroleum tank release compensation fund program.
7. "Residential tank" means a tank located on
				property used primarily for residential purposes.
8. "Surface impoundment" means a natural
				topographic depression, manmade excavation, or diked area formed primarily of
				earthen materials.
9. "Testing"
				means the preliminary and ongoing environmental evaluation procedures performed
				and used to obtain information related to the extent and cleanup of the
				petroleum contamination caused by the release.
10. "Tank location" means a location where a
				tank is located, which may include other tanks.
11. "Total annual registration fee" means the
				annual base registration fee plus additional classification system matrix
				fees.
General Authority:
NDCC 23.1-12-05,
					 28-32-02
Law Implemented:
NDCC
					 23.1-12-05
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-12 - Petroleum Tank Release Compensation Fund › Chapter 33.1-12-01 - General Fund Provisions › Section 33.1-12-01-02 - Tank registration

Current through Supplement No. 393, July, 2024
Tank owners and operators shall register their tanks with the
				  fund on an annual basis, and the registration year runs August first through
				  July thirty-first. The department shall send, electronically or by mail, all
				  known tank owners and operators a registration letter and billing notice. The
				  letter must explain the function of the fund and the requirement to have all
				  tanks owned or operated registered and all fees paid before a petroleum release
				  in order to be eligible for reimbursement.
General Authority:
NDCC 23.1-12-05,
					 28-32-02
Law Implemented:
NDCC
					 23.1-12-17
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-12 - Petroleum Tank Release Compensation Fund › Chapter 33.1-12-01 - General Fund Provisions › Section 33.1-12-01-04 - Notification of release procedures

Current through Supplement No. 393, July, 2024
Upon receiving notice of a release, the PTRCF program
				  must:
1. Verify the tank and all other
				tanks owned or operated by the operator are registered with the fund.
2. Record the release information in the
				registration file for the location.
3. Verify the department has received proper
				notice of the release.
4. Send a
				denial letter to the owner or operator if the owner or operator has not
				registered all the tanks owned and operated by the owner or operator at the
				location of the release. A copy must be sent to the department's division
				assigned to the cleanup.
5. Obtain
				verification from the owner or operator the affected tank, equipment,
				components, material, and dispenser are in compliance with state and federal
				regulations for the petroleum product stored and dispensed. If the previously
				mentioned tank, equipment, components, material, and dispenser are noncompliant
				with state and federal regulations, the PTRCF program must send a denial letter
				to the owner or operator. A copy of the denial letter must be sent to the
				department's division assigned to the cleanup.
6. Send the registered owner or operator of
				the site an application packet and a letter outlining the procedure for filing
				a claim for reimbursement of corrective action if all tanks are registered and
				the affected tank, piping, fitting, and dispenser are in compliance with state
				and federal regulations for the petroleum product stored and dispensed before
				the release.
General Authority:
NDCC 23.1-12-05,
					 28-32-02
Law Implemented:
NDCC 23.1-12-10,
					 23.1-12-19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-12 - Petroleum Tank Release Compensation Fund › Chapter 33.1-12-01 - General Fund Provisions › Section 33.1-12-01-04 - Notification of release procedures

Current through Supplement No. 393, July, 2024
Upon receiving notice of a release, the PTRCF program
				  must:
1. Verify the tank and all other
				tanks owned or operated by the operator are registered with the fund.
2. Record the release information in the
				registration file for the location.
3. Verify the department has received proper
				notice of the release.
4. Send a
				claim denial letter to the owner or operator if the owner or operator has not
				registered all the tanks owned and operated by the owner or operator at the
				location of the release. A copy must be sent to the department's division
				assigned to the cleanup.
5. Obtain
				verification from the owner or operator that when the release was discovered,
				the tank was in substantial compliance, as determined under subdivision a of
				subsection 1 of North Dakota Century Code section 23.1-12-18, with all
				applicable rules of the United States environmental protection agency, the
				state fire marshal, and the department. If the previously mentioned tank was
				not in substantial compliance, the PTRCF program must send a claim denial
				letter to the owner or operator. A copy of the claim denial letter must be sent
				to the department's division assigned to the cleanup.
6. Send the registered owner or operator of
				the site an application packet and a letter outlining the procedure for filing
				a claim for reimbursement of corrective action if all tanks, including the
				affected tank are registered and in substantial compliance with all applicable
				rules of the United States environmental protection agency, the state fire
				marshal, and the department for the petroleum product stored and dispensed
				before the release.
General Authority:
NDCC 23.1-12-05
Law Implemented:
NDCC 23.1-12-10,
					 23.1-12-19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-12 - Petroleum Tank Release Compensation Fund › Chapter 33.1-12-01 - General Fund Provisions › Section 33.1-12-01-05 - Procedures for investigation of claims

Current through Supplement No. 393, July, 2024
In each release investigation, the PTRCF program
				  shall:
1. Investigate the location and
				cause of the release.
2. Interview
				persons with knowledge of the release.
3. Examine records and documentation
				concerning the release, including documentation of the corrective action taken
				and expenses incurred.
4. Prepare a
				written report determining the validity of the claim and the eligible cleanup
				expenses.
5. Complete other
				claims-related tasks as required.
General Authority:
NDCC 23.1-12-05,
					 28-32-02
Law Implemented:
NDCC 23.1-12-18,
					 23.1-12-20
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-12 - Petroleum Tank Release Compensation Fund › Chapter 33.1-12-01 - General Fund Provisions › Section 33.1-12-01-06 - Reimbursement

Current through Supplement No. 393, July, 2024
1. The department shall reimburse reasonable
				and necessary environmental consultant, contractor, and excavation expenses in
				consultation with the department's division assigned to the cleanup.
2. No payments for reimbursement may be made
				from the fund unless a completed claim application form has been received and
				approved by the PTRCF program.
3.
				Eligible expenses for corrective action include the following:
a. Labor.
b. Testing.
c. Use of machinery.
d. Materials and supplies.
e. Professional services.
f. Remediation, monitoring, or cleanup
				expenses incurred with the oversight and direction of the department's division
				assigned to the cleanup.
g. Any
				other expenses the department and the board deem to be reasonable and necessary
				to remedy cleanup of the release.
h. Consultant fees if authorized by the
				department's division assigned to the cleanup.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-12 - Petroleum Tank Release Compensation Fund › Chapter 33.1-12-01 - General Fund Provisions › Section 33.1-12-01-07 - Reimbursement disputes

Current through Supplement No. 393, July, 2024
If a reimbursement is denied or payment is reduced to a tank
				  owner or operator, the tank owner or operator may request a review by the board
				  by filing a written request and supporting documentation with both the
				  department and the board within thirty days of receiving a "sworn statement in
				  proof of loss" regarding a denial of reimbursement or a payment reduction
				  notification.
General Authority:
NDCC 23.1-12-05,
					 28-32-02
Law Implemented:
NDCC
					 23.1-12-18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-12 - Petroleum Tank Release Compensation Fund › Chapter 33.1-12-01 - General Fund Provisions › Section 33.1-12-01-08 - Third-party damages

Current through Supplement No. 393, July, 2024
No reimbursement may be made for damage to employees as
				  defined by the title 65 governing workforce safety and insurance or agents of
				  the owner or operator.
General Authority:
NDCC 23.1-12-05,
					 28-32-02
Law Implemented:
NDCC 23.1-12-26,
					 23.1-12-27
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-14 - NORTH DAKOTA BOILER RULES › Chapter 33.1-14-02 - ADMINISTRATION › Section 33.1-14-02-01 - Inspection reports to be submitted

Current through Supplement No. 393, July, 2024
1.
Power boilers.
Each authorized inspection agency or owner/user
				inspection organization, to which a special inspector commission has been
				issued, shall submit to the chief boiler inspector complete data of each
				high-pressure boiler insured or inspected by it or covered by a written
				inspection agreement. A complete report of each boiler inspection must be filed
				electronically with the chief boiler inspector on form SFN 10706 within fifteen
				days of inspection.
2.
Low
				pressure, hot water heating, and hot water supply boilers.
Each
				authorized inspection agency or owner/user inspection organization shall submit
				to the chief boiler inspector complete data of each boiler insured or inspected
				by it or covered by a written inspection agreement. A complete report of each
				boiler inspection must be filed electronically with the chief boiler inspector
				on form SFN 10706 within fifteen days of inspection.
General Authority:
NDCC 23.1-16
Law Implemented:
NDCC
					 23.1-16
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-14 - NORTH DAKOTA BOILER RULES › Chapter 33.1-14-02 - ADMINISTRATION › Section 33.1-14-02-02 - Insurance companies and other authorized inspection agencies to notify the chief inspector of new, canceled, or suspended risks

Current through Supplement No. 393, July, 2024
Each insurance company or other authorized inspection agency
				  shall notify the chief inspector within thirty days of each boiler insured,
				  covered by a written inspection agreement, canceled, not renewed, or suspended
				  because of unsafe conditions.
General Authority:
NDCC 23.1-16
Law Implemented:
NDCC
					 23.1-16
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-14 - NORTH DAKOTA BOILER RULES › Chapter 33.1-14-02 - ADMINISTRATION › Section 33.1-14-02-03 - Insurance companies and other authorized inspection agencies to notify the chief inspector of defective boilers and boiler accidents

Current through Supplement No. 393, July, 2024
If a special inspector, upon the first inspection of a
				  boiler, finds that the boiler or any of the appurtenances are in such condition
				  that the inspector's company refuses insurance or the boiler does not comply
				  with the provisions of this article, the company shall submit a report of the
				  defects to the chief inspector. When an accident occurs to an insured boiler or
				  to a boiler covered by a written inspection agreement which requires major
				  repairs as defined in subsection 20 of section 33.1-14-01-01, or which results
				  in the boiler being removed from service, that accident must be reported to the
				  chief boiler inspector within thirty days of the insuring or inspecting company
				  first becoming aware of the accident.
General Authority:
NDCC 23.1-16
Law Implemented:
NDCC
					 23.1-16
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-14 - NORTH DAKOTA BOILER RULES › Chapter 33.1-14-02 - ADMINISTRATION › Section 33.1-14-02-04 - Owner/user inspection organizations making own inspections

Current through Supplement No. 393, July, 2024
The chief inspector is not be required to inspect boilers in
				  any establishment owned and operated by an owner/user inspection organization
				  provided an annual boiler inspection program is established and maintained by
				  such organization and all boilers and appurtenances are constructed, installed,
				  operated, and repaired in accordance with the provisions of this article. When
				  boilers are inspected by an employee of an owner/user inspection organization,
				  such inspector must hold a certificate of competency or a commission issued by
				  North Dakota or a state that has adopted the American Society of Mechanical
				  Engineers Code. A complete report of each boiler inspection must be filed
				  electronically with the chief inspector on form SFN 10706 within fifteen days
				  of inspection.
General Authority:
NDCC 23.1-16
Law Implemented:
NDCC
					 23.1-16
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-14 - NORTH DAKOTA BOILER RULES › Chapter 33.1-14-02 - ADMINISTRATION › Section 33.1-14-02-05 - Defective conditions disclosed at time of external inspections

Current through Supplement No. 393, July, 2024
If upon an external inspection there is evidence of a leak or
				  crack, enough of the covering of the boiler must be removed to satisfy the
				  inspector, in order that the inspector may determine the safety of the boiler.
				  If the covering cannot be removed at that time, the inspector may order the
				  operation of the boiler stopped until the covering can be removed and proper
				  examination can be made.
General Authority:
NDCC 23.1-16
Law Implemented:
NDCC
					 23.1-16
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-14 - NORTH DAKOTA BOILER RULES › Chapter 33.1-14-02 - ADMINISTRATION › Section 33.1-14-02-06 - Owner or user to notify the chief inspector in case of accident

Current through Supplement No. 393, July, 2024
When an accident occurs which requires major repairs as
				  defined in subsection 20 of section 33.1-14-01-01, the owner or user
				  immediately shall notify the chief inspector and submit a detailed report of
				  the accident. In case of an explosion, notice must be given immediately by
				  telephone or electronically and the parts of the boiler may not be removed or
				  disturbed before an inspection has been made by an inspector, unless for the
				  purpose of saving human life or property.
General Authority:
NDCC 23.1-16
Law Implemented:
NDCC
					 23.1-16
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-14 - NORTH DAKOTA BOILER RULES › Chapter 33.1-14-02 - ADMINISTRATION › Section 33.1-14-02-07 - Operating without a certificate of inspection

Current through Supplement No. 393, July, 2024
The owner or user who causes a boiler to be operated after
				  inspections without possessing a valid certificate of inspection is subject to
				  the penalty under North Dakota Century Code section 23.1-16-11.
General Authority:
NDCC 23.1-16
Law Implemented:
NDCC
					 23.1-16
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-14 - NORTH DAKOTA BOILER RULES › Chapter 33.1-14-02 - ADMINISTRATION › Section 33.1-14-02-08 - Validity of inspection certificate for boilers

Current through Supplement No. 393, July, 2024
1. A certificate of inspection, issued in
				accordance with this article, is valid until expiration unless some defect or
				condition affecting the safety of the boiler is disclosed and if all inspection
				fees have been paid. A certificate of inspection is valid for the following
				time periods:
a. Thirty-six months for power
				boilers over one hundred thousand pounds [45359.24 kilograms] of steam per hour
				as allowed by North Dakota Century Code section 23.1-16-07.
b. Twelve months for steam traction
				engines.
c. Twelve months for all
				other power boilers.
d. Thirty-six
				months for hot water heating and hot water supply boilers.
e. Twenty-four months for low-pressure steam
				boilers.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-14 - NORTH DAKOTA BOILER RULES › Chapter 33.1-14-02 - ADMINISTRATION › Section 33.1-14-02-09 - Restamping boilers

Current through Supplement No. 393, July, 2024
When the stamping on a boiler becomes indistinct, the
				  inspector shall instruct the owner or user to have it restamped. Request for
				  permission to restamp the boiler must be made to the chief inspector and proof
				  of the original stamping must accompany the request before authorization by the
				  chief inspector. Restamping authorized by the chief inspector may be done only
				  by an inspector, and must be identical with the original stamping, except that
				  it is not required to restamp the American Society of Mechanical Engineers Code
				  symbol. Notice of completion of such restamping must be filed with the chief
				  inspector by the inspector who stamped the boiler or pressure vessel, together
				  with a facsimile of the stamping.
General Authority:
NDCC 23.1-16
Law Implemented:
NDCC
					 23.1-16
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-14 - NORTH DAKOTA BOILER RULES › Chapter 33.1-14-02 - ADMINISTRATION › Section 33.1-14-02-10 - Condemned boilers and condemned pressure vessels

Current through Supplement No. 393, July, 2024
Any boiler having been inspected and declared unsafe by the
				  chief inspector or the inspector's deputy must be stamped by the inspector with
				  the letter X and the letters ND as shown on the following facsimile that will
				  be designated a condemned boiler: XX ND XX.
General Authority:
NDCC 23.1-16
Law Implemented:
NDCC
					 23.1-16
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-14 - NORTH DAKOTA BOILER RULES › Chapter 33.1-14-02 - ADMINISTRATION › Section 33.1-14-02-11 - Owner and installer to notify chief boiler inspector of boilers to be installed in North Dakota or brought into North Dakota for temporary use

Current through Supplement No. 393, July, 2024
1. The owner shall notify the chief boiler
				inspector before any new or secondhand boiler may be operated in North Dakota,
				giving its location and operating pressure.
2. The installer shall notify the chief
				boiler inspector before any new or secondhand boiler may be installed in North
				Dakota, giving its location and operating pressure.
3. The owner shall notify the chief boiler
				inspector of boilers removed from location, junked, or sold.
4. The owner shall notify the chief boiler
				inspector within fifteen days of removing a boiler from its location as to
				whether it has been junked or sold. If it has been sold, the name and address
				of the purchaser must be given.
5.
				When a boiler is brought into the state on a temporary basis and is to be
				removed from the state, a notice must be given as to the date it will be
				removed from North Dakota.
General Authority:
NDCC 23.1-16
Law Implemented:
NDCC
					 23.1-16
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-14 - NORTH DAKOTA BOILER RULES › Chapter 33.1-14-02 - ADMINISTRATION › Section 33.1-14-02-12 - Owner to notify the chief boiler inspector of businesses closed or reopened

Current through Supplement No. 393, July, 2024
1. It is the
				responsibility of the owner of a building complex or owner of a boiler to
				notify the chief boiler inspector of plans to discontinue use of a boiler due
				to business being permanently closed.
2. If a business is destroyed by fire, flood,
				or windstorm, the owner shall notify the chief boiler inspector as to plans
				developed for the disposition of the boiler.
General Authority:
NDCC 23.1-16
Law Implemented:
NDCC
					 23.1-16
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-14 - NORTH DAKOTA BOILER RULES › Chapter 33.1-14-02 - ADMINISTRATION › Section 33.1-14-02-13 - Removal of used boilers from the state

Current through Supplement No. 393, July, 2024
When a nonportable standard boiler located in this state is
				  moved to another state for use or repair, the owner shall apply to the chief
				  boiler inspector before the boiler may be reinstalled in North Dakota.
General Authority:
NDCC 23.1-16
Law Implemented:
NDCC
					 23.1-16
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-14 - NORTH DAKOTA BOILER RULES › Chapter 33.1-14-02 - ADMINISTRATION › Section 33.1-14-02-14 - Nonstandard boilers

Current through Supplement No. 393, July, 2024
A nonstandard boiler used in this state, if moved outside of
				  the state, may not be reinstalled in this state without permission of the chief
				  boiler inspector.
General Authority:
NDCC 23.1-16
Law Implemented:
NDCC
					 23.1-16
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-14 - NORTH DAKOTA BOILER RULES › Chapter 33.1-14-02 - ADMINISTRATION › Section 33.1-14-02-15 - Installing used or secondhand boilers

Current through Supplement No. 393, July, 2024
Before a used or secondhand boiler may be installed in this
				  state, an inspection must be made by an inspector. (Note: It is recommended
				  that before a used or secondhand boiler is shipped for installation or
				  operation in this state, that it be inspected by a North Dakota inspector, or
				  by a national board commissioned inspector, and data submitted by the inspector
				  filed by the buyer or owner or user with the chief boiler inspector for the
				  chief inspector's approval. Otherwise hardships may be encountered should the
				  boiler be condemned after installation.)
General Authority:
NDCC 23.1-16
Law Implemented:
NDCC
					 23.1-16
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-14 - NORTH DAKOTA BOILER RULES › Chapter 33.1-14-02 - ADMINISTRATION › Section 33.1-14-02-16 - Reinstalled boilers

Current through Supplement No. 393, July, 2024
When a stationary boiler is moved and reinstalled, the
				  fittings and appliances must comply with all requirements for new
				  installations.
General Authority:
NDCC 23.1-16
Law Implemented:
NDCC
					 23.1-16
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-14 - NORTH DAKOTA BOILER RULES › Chapter 33.1-14-02 - ADMINISTRATION › Section 33.1-14-02-17 - Reporting repairs to be made

Current through Supplement No. 393, July, 2024
1. The owner
				or person in charge of a boiler repair shop making major repairs to a boiler
				shall notify the chief boiler inspector of each major repair or alteration to
				be made to a boiler, and the anticipated repair must be approved before work is
				started; or
2. If the boiler is
				insured, covered by a written inspection agreement with an authorized
				inspection agency, or owned by an owner/user inspection organization, the
				special inspector may authorize the repair. After such repairs are made, the
				repairs are subject to the approval of an inspector.
General Authority:
NDCC 23.1-16
Law Implemented:
NDCC
					 23.1-16
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-14 - NORTH DAKOTA BOILER RULES › Chapter 33.1-14-02 - ADMINISTRATION › Section 33.1-14-02-18 - Reports of welded repair or alterations

Current through Supplement No. 393, July, 2024
1. All alterations and major repairs made to
				boilers in North Dakota must be reported on the appropriate national board
				form. The completed form must be sent to the chief boiler inspector by the
				repair concern effecting the repair or alteration within thirty days of the
				completion of the repair or alteration.
2. Subject to the administrative procedures
				of the boiler inspection program and the approval of the inspector, repairs of
				a routine nature may be given prior approval and the requirement for the repair
				stamping may be waived. The National Board Inspection Code must be used as a
				guideline in determining repairs of a routine nature.
General Authority:
NDCC 23.1-16
Law Implemented:
NDCC
					 23.1-16
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-14 - NORTH DAKOTA BOILER RULES › Chapter 33.1-14-02 - ADMINISTRATION › Section 33.1-14-02-19 - Stamping of boilers

Current through Supplement No. 393, July, 2024
1. Every boiler
				built for use in North Dakota must conform in every detail to the boiler laws
				and rules of North Dakota. When correctly constructed in accordance with these
				laws and rules the boiler must be stamped with a state stamp of North Dakota
				and assigned a state number.
2. A
				boiler may not be operated in North Dakota unless it is stamped with the
				American society of mechanical engineers stamp and registered with the national
				board or can qualify for a North Dakota stamp. A request for a North Dakota
				stamp must be accompanied by a manufacturer's data report with supporting
				evidence that the boiler meets all requirements of the laws of North
				Dakota.
3. Upon completion of the
				installation, all boilers must be inspected by an inspector. Initial
				certificate inspections may only be made by the chief inspector or deputy
				inspectors. At the time of this inspection, each boiler must be stamped with a
				serial number of North Dakota preceded by the letters N.D. The letters and
				figures may not be less than five-sixteenths inch [7.94 millimeters] in height.
				If construction does not permit stamping, a numbered metal tag must be attached
				in a conspicuous place. The stamping may not be concealed by lagging or paint
				and must be exposed at all times.
General Authority:
NDCC 23.1-16
Law Implemented:
NDCC
					 23.1-16
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-14 - NORTH DAKOTA BOILER RULES › Chapter 33.1-14-02 - ADMINISTRATION › Section 33.1-14-02-20 - Welders' requirements

Current through Supplement No. 393, July, 2024
1. Any
				person welding on new or existing boilers shall register with the chief boiler
				inspector sufficient data to show a satisfactory performance qualification test
				for American society of mechanical engineers position "6G" or equivalent. This
				data must be documented on a current American society of mechanical engineers
				section IX "QW-484" form. Tests of welded specimens must be made by a certified
				testing laboratory.
2. In lieu of
				the above requirements, a firm in possession of a valid American society of
				mechanical engineers certificate of authorization for new boiler construction
				or a valid national board "R" certificate of authorization for repairing or
				altering existing boilers may allow welder's qualifications to be audited by
				the chief boiler inspector at the chief boiler inspector's discretion. The
				welders must be qualified according to the requirements of American Society of
				Mechanical Engineers Boiler and Pressure Vessel Code, section IX.
General Authority:
NDCC 23.1-16
Law Implemented:
NDCC
					 23.1-16
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-14 - NORTH DAKOTA BOILER RULES › Chapter 33.1-14-02 - ADMINISTRATION › Section 33.1-14-02-21 - Alterations to boilers

Current through Supplement No. 393, July, 2024
Alterations, as defined in this article, must be made by a
				  firm in possession of a valid national board "R" certificate of authorization,
				  with alterations included within its scope of activity.
General Authority:
NDCC 23.1-16
Law Implemented:
NDCC
					 23.1-16
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-14 - NORTH DAKOTA BOILER RULES › Chapter 33.1-14-02 - ADMINISTRATION › Section 33.1-14-02-22 - Major repairs to boilers

Current through Supplement No. 393, July, 2024
Major repairs, as defined in this article, must be made
				  by:
1. A firm in possession of a valid
				national board "R" certificate of authorization for the type of vessel to be
				repaired; or
2. A firm authorized
				by the director to do repairs to boilers. Such authorization may be issued only
				upon a successful review of that firm's repair capabilities by the chief
				inspector. Such a review must be based on the National Board Inspection Code
				and must be made on a frequency determined by the chief inspector. Such
				authorization may be revoked or not renewed by the chief inspector for cause.
The requirements of this section are effective December 1,
				  1994.
General Authority:
NDCC 23.1-16
Law Implemented:
NDCC
					 23.1-16
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-14 - NORTH DAKOTA BOILER RULES › Chapter 33.1-14-03 - GENERAL REQUIREMENTS › Section 33.1-14-03-01 - Inspection of boilers

Current through Supplement No. 393, July, 2024
The owner or user shall prepare a boiler subject to regular
				  inspections for such inspections or hydrostatic tests when notified by the
				  inspector. The owner or user shall prepare each boiler for internal inspection
				  and shall prepare for and apply the hydrostatic test whenever necessary, on the
				  date specified by the inspector, which may not be less than seven days after
				  the date of notification.
General Authority:
NDCC 23.1-16
Law Implemented:
NDCC
					 23.1-16
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-14 - NORTH DAKOTA BOILER RULES › Chapter 33.1-14-03 - GENERAL REQUIREMENTS › Section 33.1-14-03-01.1 - Boiler inspection fees

Current through Supplement No. 393, July, 2024
The following will be charged for boiler inspections:
1. High pressure boilers.
a. Internal inspections.
Fee
- 50 square feet [4.65 square meters] or less of
								heating surface
$90.00
- Over 50 square feet [4.65 square meters] and not
								over 500 square feet [46.45 square meters]
$110.00
- Over 500 square feet [46.45 square meters] and
								not over 4,000 square feet [371.61 square meters]
$130.00
- Over 4,000 square feet [371.61 square meters] of
								heating surface
$160.00
b. External inspections.
- 50 square feet [4.65 square meters] of heating
								surface or less; 100 KW or less
$70.00
- Over 50 square feet [4.65 square meters] of
								heating surface; over 100 KW
$90.00
c. Portable oilfield boilers. Internal and external
								inspections of portable oilfield boilers must be charged inspection fees of
								seventy-five dollars per hour, including travel time, plus expenses for meals,
								mileage, and lodging at current state rates.
2.
				Low pressure boilers.
a. Internal inspections.
- Without manway
$85.00
- With manway
$95.00
b. External inspections.
- Hot water heat and low-pressure steam
$60.00
- Hot water supply
$45.00
3.
				Steam traction engines.
- Internal
$70.00
- External
$65.00
- Hydrostatic test
$80.00
- Ultrasonic survey, per hour
$85.00
4.
				Certificate fee, per certificate as required by North Dakota Century Code
				section 23.1-16-10
General Authority:
NDCC 23.1-16-09
Law Implemented
: NDCC
					 23.1-16-09
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-14 - NORTH DAKOTA BOILER RULES › Chapter 33.1-14-03 - GENERAL REQUIREMENTS › Section 33.1-14-03-02 - Preparation for internal inspection

Current through Supplement No. 393, July, 2024
The owner or user shall prepare a boiler for internal
				  inspection in the following manner:
1. Water must be drawn off and the boiler
				thoroughly washed.
2. All manholes
				and handhole plates, washout plugs, and plugs in water column connections must
				be removed, the furnace and combustion chambers thoroughly cooled and cleaned,
				at the discretion of the inspector.
3. All grates of internally fired boilers
				must be removed, at the discretion of the inspector.
4. At each annual inspection, brickwork must
				be removed as required by the inspector in order to determine the condition of
				the boiler, headers, furnace, supports, or other parts.
5. The steam gauge must be removed for
				testing, at the discretion of the inspector.
6. Any leakage of steam or hot water into the
				boiler must be cut off by disconnecting the pipe or valve at the most
				convenient point.
7. Any low-water
				fuel cutoff float chamber must be opened and cleaned.
8. Safety concerns such as asbestos and
				confined space entry must be addressed by the owner to provide for the safety
				of the inspector. Applicable state or federal regulations must be used to
				decide if safety measures must be taken.
General Authority:
NDCC 23.1-16
Law Implemented:
NDCC
					 23.1-16
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-14 - NORTH DAKOTA BOILER RULES › Chapter 33.1-14-03 - GENERAL REQUIREMENTS › Section 33.1-14-03-03 - Boiler improperly prepared for inspection

Current through Supplement No. 393, July, 2024
If a boiler has not been properly prepared for an internal
				  inspection or the owner or user fails to comply with the requirements for
				  hydrostatic test as set forth in this article, the inspector may decline to
				  make the inspection or test and withhold the certificate of inspection until
				  the owner or user complies with the requirements.
General Authority:
NDCC 23.1-16
Law Implemented:
NDCC
					 23.1-16
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-14 - NORTH DAKOTA BOILER RULES › Chapter 33.1-14-03 - GENERAL REQUIREMENTS › Section 33.1-14-03-04 - Removal of covering to permit inspection

Current through Supplement No. 393, July, 2024
If the boiler is jacketed so that the longitudinal seams of
				  shells, drums, or domes cannot be seen, enough of the jacketing, setting wall,
				  or other form of casing or housing must be removed, at the discretion of the
				  inspector, so that the size of the rivets, pitch of the rivets, and other data
				  necessary to determine the safety of the boiler may be obtained, provided such
				  information cannot be determined by other means.
General Authority:
NDCC 23.1-16
Law Implemented:
NDCC
					 23.1-16
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-14 - NORTH DAKOTA BOILER RULES › Chapter 33.1-14-03 - GENERAL REQUIREMENTS › Section 33.1-14-03-05 - Lap seam crack

Current through Supplement No. 393, July, 2024
The shell or drum of a boiler in which a lap seam crack is
				  discovered along a longitudinal riveted joint must be immediately discontinued
				  from use. If the boiler is not more than fifteen years of age, a complete new
				  course of the original thickness may be installed at the discretion of the
				  chief inspector. Patching is prohibited. "Lap seam crack" means the typical
				  crack frequently found in lap seams, extending parallel to the longitudinal
				  joint and located either between or adjacent to rivet holes.
General Authority:
NDCC 23.1-16
Law Implemented:
NDCC
					 23.1-16
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-14 - NORTH DAKOTA BOILER RULES › Chapter 33.1-14-03 - GENERAL REQUIREMENTS › Section 33.1-14-03-06 - Hydrostatic pressure tests

Current through Supplement No. 393, July, 2024
A hydrostatic pressure test, when applied to boilers of
				  riveted or welded construction, except locomotive boilers, may not exceed one
				  and one-half times the maximum allowable working pressure. Hydrostatic pressure
				  applied to locomotive boilers may not exceed one and one-quarter times the
				  maximum allowable working pressure. During the hydrostatic pressure test, the
				  safety valve or valves must be removed, or each valve disk must be held down by
				  means of a testing clamp and not by applying the additional load to the spring
				  with the compression screw. The minimum temperature of the water used to apply
				  a hydrostatic test must not be less than sixty degrees Fahrenheit [15.6 degrees
				  Celsius], nor shall it exceed one hundred twenty degrees Fahrenheit [49.3
				  degrees Celsius]. (Note: For all cases involving the question of tightness, the
				  pressure may be equal to the release pressure of the safety valve or valves
				  having the lowest release setting.)
General Authority:
NDCC 23.1-16
Law Implemented:
NDCC
					 23.1-16
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-14 - NORTH DAKOTA BOILER RULES › Chapter 33.1-14-03 - GENERAL REQUIREMENTS › Section 33.1-14-03-08 - Safety appliances

Current through Supplement No. 393, July, 2024
1. A person may not
				remove, tamper with, or render inoperative any safety appliances prescribed by
				these rules except for the purpose of making repairs. The resetting of safety
				appliances may not exceed the accepted working pressure of the unit.
2. Repairs or adjustments made to safety or
				safety relief valves must be done by the manufacturer of the valve or an
				approved testing facility equipped to do such repairs or adjustments. The
				resetting of safety valves or safety relief valves may not exceed the accepted
				working pressure for the unit.
3.
				An approved testing facility must be one of the following:
a. A facility holding a valid certificate of
				authorization and "VR" symbol stamp issued by the national board of boiler and
				pressure vessel inspectors.
b. An
				owner or user program for doing adjustments to set pressure or blowdown, or
				both, to boiler pressure relief valves owned by them, provided the adjusted
				settings or capacities, or both, and the date of the adjustments are recorded
				on a metal tag secured to the seal wire. All external adjustments must be
				sealed showing the identification of the organization making the adjustments.
				The chief boiler inspector shall review the training, qualifications, and
				procedures used to implement this program.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-14 - NORTH DAKOTA BOILER RULES › Chapter 33.1-14-03 - GENERAL REQUIREMENTS › Section 33.1-14-03-09 - Blowoff tanks

Current through Supplement No. 393, July, 2024
1. Blowoff piping
				from a boiler may not discharge directly into a sewer. A blowoff tank,
				constructed to the provisions of section VIII of the American Society of
				Mechanical Engineers Code, must be used where conditions do not provide an
				adequate and safe open discharge.
2. Blowoff tanks hereinafter installed, if of
				metal, must be designed for a minimum working pressure of fifty pounds per
				square inch [344.74 kilopascals].
3. The outlet from the blowoff tank must be
				twice the area of the inlet pipe and made to extend internally within eight
				inches [203.2 millimeters] from the bottom of the tank.
4. Vent pipe at least four times the area of
				the inlet pipe must lead to the outer atmosphere.
5. Vents must be as direct as possible to the
				outer air and discharge at a safe location. There may be no valve or other
				possible obstructions such as water pockets between the tank and the discharge
				end of the vent pipe.
6. All pipe
				connections between the tank and the boiler must be as direct as possible and
				must conform to the American Society of Mechanical Engineers Code.
7. For convenience in cleaning the tank, a
				manhole or an access opening must be provided.
8. If a blowoff tank is not vented as
				specified above, it must be constructed for a pressure equal to that allowed on
				the boiler to which it is attached or must be equipped with a safety valve or
				valves of sufficient capacity to prevent the pressure from exceeding the safe
				working pressure of the tank.
9.
				Boiler blowoff systems constructed in accordance with the national board rules
				and recommendations for the design and construction of boiler blowoff systems
				must be considered as complying with this section.
General Authority:
NDCC 23.1-16
Law Implemented:
NDCC
					 23.1-16
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-14 - NORTH DAKOTA BOILER RULES › Chapter 33.1-14-03 - GENERAL REQUIREMENTS › Section 33.1-14-03-10 - Blowoff piping

Current through Supplement No. 393, July, 2024
1. The construction
				of the setting must be done in such a manner that it does not restrict the
				movement of the blowoff piping.
2.
				All blowoff piping, when exposed to furnace heat, must be protected by
				firebrick or other heat-resisting material so constructed that the piping may
				be readily inspected.
3. Each
				boiler must have a blowoff pipe, fitted with a valve cock, in direct connection
				with the lowest water space. Cocks must be of the gland or guard type and
				suitable for the pressure allowed. The use of globe-type valves is not
				permitted unless complying with the American Society of Mechanical Engineers
				Code. When the maximum allowable working pressure exceeds one hundred pounds
				per square inch gauge [689.48 kilopascals] each blowoff pipe must be provided
				with two valves or a valve and a cock, such valves and cocks to be of the extra
				heavy type.
4. When the maximum
				allowable working pressure exceeds one hundred pounds per square inch gauge
				[689.48 kilopascals], blowoff piping must be extra heavy from the boiler to the
				valve or valves and must be run full size without use of reducers or bushings.
				The piping must be at least extra heavy duty wrought iron or steel and may not
				be galvanized.
5. All fittings
				between the boiler and blowoff valve must be steel or extra heavy fittings of
				malleable iron. In case of renewal of blowoff pipe or fittings, they must be
				installed in accordance with the rules and regulations for new
				installations.
General Authority:
NDCC 23.1-16
Law Implemented:
NDCC
					 23.1-16