Chapter 1301:3-4 Historical Boilers

1301:3-4-01 Definitions and limitations.

(A) "Open to the public" shall mean any event that is attended by one hundred twenty five or more people at any time or that takes place within five hundred yards of one hundred twenty five or more people.

(B) The smallest historical boilers that are subject to sections 4104.32 to 4104.36 of the Revised Code are those in excess of sixteen inches interior diameter of of the shell of the boiler.

(C) "Board" shall mean the historical boilers licensing board.

Effective: 11/30/2006
R.C. 119.032 review dates: 04/30/2011
Promulgated Under: 119.03
Statutory Authority: 4104.34
Rule Amplifies: 4104.37
Prior Effective Dates: 5/27/03 (Emer.), 4/30/06

1301:3-4-02 Attendance at operation of historical boilers, proper use and maintenance, and logbook.

(A) A historical boiler shall not be left unattended when in operation and members of the public are present. For purposes of this section, a traction engine may be considered as not being in operation when all of the following conditions exist:

(1) The water level is at least one-third of the water gage glass;

(2) The header or dome valve is in a closed position, if applicable;

(3) The draft doors are closed;

(4) The fire is banked or extinguished;

(5) The boiler pressure is at least twenty pounds per square inch below the safety valve relieving pressure.

(B) All piping components shall be used in the manner for which they were designed and shall not exceed manufacturer's marked rating. Below the water line, schedule eighty black pipe shall be used from the boiler to the first valve.

(C) The owner of each historical boiler shall keep and maintain a maintenance logbook which shall be furnished, upon request, to the inspector. The logbook shall include, but not be limited to, the following information:

(1) Boiler information, including,

(a) The number and location of a boiler serial number, identification number or other permanent marking on the boiler sufficient to identify the boiler with specificity;

(b) The number and location of a safety valve serial number, identification number or other permanent marking on the safety valve sufficient to identify the set pressure and capacity of the safety valve;

(c) The heating surface of the boiler shall be as reported in the manufacturer's specifications or shall be calculated by a method acceptable to the inspector;

(2) Inspection dates and findings;

(3) Events and dates attended by the general public where boiler was operated;

(4) Failures;

(5) Repairs; and

(6) Performed maintenance, including, but not limited to, the replacement of a fusible plug or a safety valve.

(D) No historical boiler and its appurtenances shall be operated at a pressure in excess of the safe working pressure for the boiler stated on the certificate of operation for that

R.C. 119.032 review dates: 08/13/2014 and 08/12/2019
Promulgated Under: 119.03
Statutory Authority: 4104.34
Rule Amplifies: 4104.34(A)(1)
Prior Effective Dates: 5/27/03 (Emer.), 4/30/06

1301:3-4-03 Operating criteria - required equipment.

All historical boilers shall be equipped with the following:

(A) A safety valve set to relieve at or below the safe working pressure of the boiler. The safety valve shall be certified by the national board of boiler and pressure vessel inspectors. The safety valve shall be sealed in a manner that does not allow tampering with the valve setting without destroying the seal. The boiler may be equipped with a y-base or an unrestricted tee to accommodate the installation of multiple safety valves, as necessary. During the required operational inspection, it shall be demonstrated to the inspector that the certified safety valve lifts at its certified setting with live steam only. The required pressure relief valve capacity shall not be less than seven pounds per hour per square foot of heating surface of the boiler.

(B) A pressure gage connected to its steam space. The gage shall contain some form of a siphon device, which shall develop and maintain a water seal that shall prevent steam from entering the gage tube. The gage shall be proven accurate each year by being tested with a dead weight tester or an approved calibrated test gage. The results of the test shall be documented in the log book and shall be furnished to the inspector.

(C) A fusible plug must be manufactured to conform to section I appendix A-19 of the 2004 ASME Boiler and Pressure Vessel Code with "ASME Std." stamped on the filler material. Fusible plugs shall be replaced every three years, and the replacement shall be witnessed by the inspector. Fireside fusible plugs shall protrude a minimum of one inch into the water. Waterside fusible plugs shall not protrude into the fire area more than three quarters of an inch. Fusible plugs shall not be refilled.

(D) A fully operational gage glass fitted with a protective guard. The gage glass shall indicate the minimum safe operating water level, and shall be provided with a drain valve or petcock.

(E) Fully operational try-cocks correctly located in reference to the minimum required water level.

R.C. 119.032 review dates: 08/13/2014 and 08/12/2019
Promulgated Under: 119.03
Statutory Authority: 4104.34
Rule Amplifies: 4104.34(A)(1)
Prior Effective Dates: 5/27/03 (Emer.), 4/30/06

1301:3-4-04 Initial certification of historical boilers.

(A) Before the initial certification of an historical boiler, the boiler and its appurtenances shall be subjected to a nondestructive design evaluation at the boiler's maximum allowable working pressure. The maximum allowable working pressure shall be no more than the current safety valve setting which shall be no more than one hundred eighty pounds per square inch. The hydrostatic test pressure shall be one and one quarter of the safety valve setting, but in no case greater than two hundred twenty-five pounds per square inch, except for railway locomotives for which the safety valves may be set in accordance with manufacturer's specifications.

(B) Before the initial certification of an historical boiler, all historical boilers and their appurtenances shall be inspected thoroughly, internally and externally, and under operating conditions by inspectors designated by the chief of the division of boiler inspection in the division of industrial compliance in the department of commerce. The internal and external inspection under operating conditions shall, at a minimum, include an inspection of all of the following:

(1) Smoke box;

(2) Barrel;

(3) Wrapper sheet;

(4) Water column and water glass;

(5) Firebox;

(6) Stays;

(7) Fusible plug;

(8) Threaded openings;

(9) Inspection openings;

(10) Pressure gage;

(11) External plumbing and piping;

(12) Injectors;

(13) Pipe schedule and valve ratings;

(14) Tubes;

(15) Tube sheets; and

(16) Steam safety valve.

(C) During the initial certification of an historical boiler, the inspector may ultrasonically evaluate an historical boiler or any portion thereof for cause.

R.C. 119.032 review dates: 08/13/2014 and 08/12/2019
Promulgated Under: 119.03
Statutory Authority: 4104.34
Rule Amplifies: 4104.34(A)(2)
Prior Effective Dates: 5/27/03 (Emer.), 4/30/06

1301:3-4-05 Repairs and alterations.

(A) All welded repairs or alterations to any historical boiler subject to inspection in accordance with sections 4104.32 to 4104.37 of the Revised Code shall be made by a person certified as a welder in accordance with the 2004 edition of American society of mechanical engineers section IX, welding and brazing qualifications, published July 1, 2004, a publication of general availability in the industry.

(B) All welded or riveted repairs or any alteration to any historical boiler subject to inspection in accordance with sections 4104.32 to 4104.37 of the Revised Code shall be made using the materials as shown on the following table;

Materials for welded or riveted repairs and alterations

ApplicationMaterial Specification

Boiler Tubes and Flues, Arch Tubes, Superheated Units SA-178 Grade A Tube, SA-192 Tube, SA 210 Tube

Boiler and Firebox Plate SA-285 Grade C Plate, SA 515 Plate, SA 516 Plate, SA-203 Plate, SA-204 Plate

Staybolts SA-675 Bar, SA-36 Bar, ASTM A-31-95 Bar

Staybolts Sleeves and Caps SA-105 Forged Pipe Fittings, SA-675 Bar

Boiler Braces SA-675 Bar, SA-36 Bar

Rivets SA-675 Bar, ASTM A-31-95 Bar

Forged Part and Fittings SA-105 Forged Pipe Fittings, SA-181 Forged Pipe Fittings

Pressure Retaining Steel Castings SA-216 Steel Casting, SA-217 Steel Casting

Hollow Cylindrical Pressure Retaining Parts SA-105 Forged Pipe Fittings, SA-675 Bar

Superheater Unit Bolts and Nuts SA-193 Bolts, SA-194 Nuts

Pipe Flanges SA-181 Forged Pipe Fittings, SA-105 Forged Pipe Fittings

Pipe SA-106 Pipe, SA-53 Seamless Pipe

Bronze Castings and Washout Plugs SB-61 Bronze Cast Fittings, SB-62 Bronze Cast Fittings

(C) All welded or riveted repairs or any alteration to any historical boiler subject to inspection in accordance with sections 4104.32 to 4104.37 of the Revised Code shall be made in conformity with or shall exceed generally accepted engineering standards in place at the time of original construction or current standards.

R.C. 119.032 review dates: 08/13/2014 and 08/12/2019
Promulgated Under: 119.03
Statutory Authority: 4104.34
Rule Amplifies: 4104.34(A)(3)
Prior Effective Dates: 5/27/03 (Emer.), 4/30/06

1301:3-4-06 License revocation proceedings.

(A) License revocation proceedings hearings held under sections 4104.32 to 4104.37 of the Revised Code shall be conducted in conformity with Chapter 119. of the Revised Code relating to adjudication hearings. In the event of any conflict between the provisions of sections 4104.32 to 4104.37 of the Revised Code and Chapter 119. of the Revised Code, any specific provisions of sections 4104.32 to 4104.37 of the Revised Code shall prevail over general provisions of Chapter 119. of the Revised Code.

(B) Subject to the provisions of sections 4104.32 to 4104.37 of the Revised Code and Chapter 119. of the Revised Code relating to adjudication hearings, the superintendent of industrial compliance may designate any person to appear on behalf of the division of industrial compliance at an administrative hearing held under sections 4104.32 to 4104.37 of the Revised Code.

(C) The board may deny the application for licensing or revoke the license of any person who operates an historical boiler in this state in violation of section 4104.32 of the Revised Code, or who has failed to be licensed as an historical boiler operator in any other state or province where licensing is required to operate an historical boiler.

(D) The board may deny the application for a certificate of operation or revoke the certificate of operation for any historical boiler in this state which has been operated in violation of sections 4104.32 to 4104.37 of the Revised Code, and, where the inspector finds that an historical boiler or a part thereof poses an imminent danger of death or serious physical harm to persons, the inspector may seal the historical boiler and order the boiler operator to immediately cease the historical boiler's operation.

R.C. 119.032 review dates: 08/13/2014 and 08/12/2019
Promulgated Under: 119.03
Statutory Authority: 4104.34
Rule Amplifies: 4104.34(A)(4)
Prior Effective Dates: 5/27/03 (Emer.), 4/30/06

1301:3-4-07 License application and standards for requalifying after revocation.

(A) The standards for re-qualifying for a license after revocation of a license in accordance with the historical boiler provisions of section 4104.35 of the Revised Code shall be the same as those criteria established for initial licensing in section 4105.35 of the Revised Code except that the historical boiler board may, at the time of an application for re-qualification after revocation, require an applicant for re-qualification to repeat completion of any of the criteria set out in section 4105.35 of the Revised Code, and the board may, in its order of revocation, prescribe a period of time, not to exceed one year, following the date of the final order of revocation during which an applicant for re-qualification would be prohibited from re-qualifying for a license.

(B) For the purposes of licensing in accordance with section 4104.35 of the Revised Code:

(1) Actual operating experience or training in the operation of historical boilers shall be verified by a person licensed as an operator of historical boilers in accordance with section 4104.35 of the Revised Code or Section 2 of the Substitute House Bill 344 in the 124th General Assembly.

(2) Approval by the board of written or verbal examinations that test for competence in operating historical boilers may be granted to any person who demonstrates that they have substantial experience in the operation of historical boilers, in the administration of objective, professional tests, and in establishment of procedures and in the maintenance of records necessary to document the fair administration, scoring and reporting of objective, professional tests. Any verbal examination administered in accordance with this shall be administered in the presence of an employee of the bureau of operations and maintenance of the Ohio division of industrial compliance.

(3) An application for licensing in accordance with the provision of section 4104.35 of the Revised Code shall be made on a form provided by the Ohio division of industrial compliance.

(C) For the purposes of division (G) section 4104.34 of the Revised Code, historical boilers operators courses required by division (A)(2) of section 4104.35 of the Revised Code shall be approved by the board.

Effective: 11/30/2006
R.C. 119.032 review dates: 04/30/2011
Promulgated Under: 119.03
Statutory Authority: 4104.34
Rule Amplifies: 4104.34(A)(5)
Prior Effective Dates: 5/27/03 (Emer.), 4/30/06

1301:3-4-08 Standards for conducting and reporting hydrostatic tests.

(A) All historical boilers shall pass a hydrostatic test at one and one-quarter of the boiler's maximum allowable working pressure every three years or more frequently if required by the inspector. The triennial hydrostatic test shall be conducted in the presence of a safety committee and general inspector. Upon successful completion of the hydrostatic test, the board shall issue a sticker indicating the approved boiler's maximum allowable working pressure and the year and month the inspection was performed. The sticker shall be prominently displayed on the boiler.

(B) A hydrostatic test of an historical boiler shall be conducted at a pressure one and one-quarter of the maximum allowable working pressure of the boiler. An accurate test gage shall be used when hydrostatically pressure testing an historical boiler. The boiler gage may be calibrated against the test gage. The water temperature during the test shall be between sixty and one hundred twenty degrees Fahrenheit. The required hydrostatic test pressure shall be maintained for the duration of the inspection without distortion or leakage in any of the pressure retaining boundaries or appurtenances of the boiler. A report of the hydrostatic test shall be submitted to the historical boilers licensing board within fifteen days of the date of the test. Upon successful completion of a hydrostatic test and submittal of the test form, the board shall issue a sticker indicating the test's successful completion date. The sticker shall then be applied to the boiler's certificate of operation as proof of completion of the required triennial hydrostatic test for an historical boiler.

Effective: 11/30/2006
R.C. 119.032 review dates: 04/30/2011
Promulgated Under: 119.03
Statutory Authority: 4104.34
Rule Amplifies: 4104.34(A)(6)
Prior Effective Dates: 5/27/03 (Emer.), 4/30/06

1301:3-4-09 Standards for the public display and operation of historical boilers in this state by historical boiler operators who reside outside of this state.

The standards for the public display and operation of historical boilers in this state by historical boiler operators who reside outside of this state shall be the same as those for the public display and operation of historical boilers in this state by historical boiler operators who reside in this state, except that the board may accept by order the licensing of operators and the inspection of boilers from any other state or province that has requirements substantially equivalent to Ohio.

R.C. 119.032 review dates: 08/13/2014 and 08/12/2019
Promulgated Under: 119.03
Statutory Authority: 4104.34
Rule Amplifies: 4104.34(A)(7)
Prior Effective Dates: 5/24/03 (Emer.), 4/30/06

1301:3-4-10 Triennial inspection fee.

(A) The fee for the inspection of historical boilers conducted pursuant to division (B) of section 4104.36 of the Revised Code shall be one hundred fifty dollars.

(B) Any moneys collected for the inspection of historical boilers conducted pursuant to division (B) of section 4104.36 of the Revised Code shall be paid into the state treasury to the credit of the industrial compliance operating fund created in section 121.084 of the Revised Code.

R.C. 119.032 review dates: 08/13/2014 and 08/12/2019
Promulgated Under: 119.03
Statutory Authority: 4104.34
Rule Amplifies: 4104.34(D) , 4104.36
Prior Effective Dates: 5/27/03 (Emer.), 4/30/06

1301:3-4-11 Procedure for notice of public meetings and rule filing.

(A) The board shall post a schedule of all regularly scheduled meetings on the website of the division of industrial compliance. Any person shall determine the time and place of all regularly scheduled meetings by writing to the historical boilers board at 6606 Tussing Road, Reynoldsburg, Ohio 43068, or calling the board at (614) 644-2223 between the hours of eight a.m. and five p.m. Additionally, any person upon request and payment of ten dollars, may obtain reasonable advance notification of all meetings at which a specific type of public business is to be discussed.

(B) The board shall post a schedule of all special meetings on the website of the division of industrial compliance. Any person shall determine the time and place of all special scheduled meetings by writing to or calling the historical boiler board using the contact information listed above.

Any representative of the news media may obtain notice of all special meetings by requesting in writing that such notice be provided. A request for such notification shall be addressed to: the historical boilers board at 6606 Tussing Road, Reynoldsburg, Ohio 43068. The request shall provide the name of the individual media representative to be contacted, the representative's mailing address and a maximum of two telephone numbers where the representative can be reached. The board shall maintain a list of all representatives of the news media who have requested notice of special meetings pursuant to this rule.

In the event of a special meeting, the board shall notify all media representatives on the list of such meeting by doing one of the following: sending written notice, which must be mailed no later than five calendar days prior to the event of the special meeting, or notifying such representatives by telephone no later than twenty-four hours prior to the special meeting; such telephone notice shall be complete if a message has been left for the representative, or, if after reasonable effort, the board has been unable to provide such telephone notice; or informing such representative personally no later than twenty-four hours prior to the special meeting.

(C) In the event of an emergency meeting, the board shall notify all media representatives, who have requested such notification, of such meeting by providing telephone notification immediately following the scheduling of an emergency meeting; such telephone notice shall be complete if a message has been left for the representative, or, if after reasonable effort, the board has been able to provide such telephone notice; or personal notification immediately following the scheduling of the emergency meeting.

(D) Prior to the adoption, amendment or rescission of any rule, the board shall give public notice thereof, as provided in section 119.03 of the Revised Code, in the register of Ohio at least thirty days prior to the date set for a hearing. This notice shall include:

(1) A statement of the board's intention to consider adoption, amendment or rescission of a rule;

(2) A synopsis of the proposed rule, amendment or rescission, or general statement of the subject matter to which the proposed rule, amendment or rescission relates;

(3) A statement of the reason or purpose for adopting, amending or rescinding the rule; and

(4) The date, time and place of the hearing on the proposed action.

(E) The board shall furnish the public notice as required under section 119.03 of the Revised Code and as described in paragraph (D) of this rule to any person who requests a copy of such notice and who pays a reasonable fee, not to exceed the cost of copying and mailing.

(F) The board shall be authorized to give additional notice of such public hearing as the board deems necessary; however, the giving of such notice shall not be mandatory, and failure to give notice by any way other than in paragraph (D) of this rule shall not in any way invalidate any section which may be taken by the board.

Effective: 11/30/2006
R.C. 119.032 review dates: 04/30/2011
Promulgated Under: 119.03
Statutory Authority: 121.22(F) , 119.03
Rule Amplifies: 4104.33 , 4104.34

1301:3-4-20 Grandfathering.

(A) For the purposes of licensing in accordance with Section 2 of Substitute House Bill 344 of the 124th General Assembly.

(1) "Engaged in operating historical boilers in public for at least two years before the effective date of this act" shall mean that during at least two of the five twelve month periods prior to October 24, 2002 the individual applicant personally operated and attended the operation of one or more historical boilers that would meet the definition of historical boiler in division (B) of section 4104.31 of the Revised Code in a location open to the people as a whole, whether or not such persons are required to pay any admission or other fee.

(2) Approval by the board of written or verbal examinations that test for competence in operating historical boilers may be granted to any person who demonstrates that they have substantial experience in the operation of historical boilers, in the administration of objective, professional tests, and in establishment of procedures and in the maintenance of records necessary to document the fair administration, scoring and reporting of objective, professional tests. Any verbal examination administered in accordance with this shall be administered in the presence of an employee of the bureau of operations and maintenance of the Ohio division of industrial compliance.

(B) An application for licensing in accordance with the provision of Section 2 of Substitute House Bill 344 of the 124th General Assembly shall be made on a form provided by the Ohio division of industrial compliance.

Effective: 11/30/2006
R.C. 119.032 review dates: 04/30/2011
Promulgated Under: 119.03
Statutory Authority: 4104.34
Rule Amplifies: 4104.35 , Section 2 of House Bill 344
Prior Effective Dates: 5/27/03 (Emer.), 4/30/06