4101:4-2-01 Scope, administration, and enforcement.

(A) All boilers and pressure vessels proposed for use in the state of Ohio shall be designed, constructed, installed, altered, repaired, maintained, and operated in accordance with the rules adopted by the board as prescribed in Chapters 4101:4-1 to 4101:4-10 of the Administrative Code, except as follows:

(1) Boilers, pressure vessels, and stationary steam engines under federal control or subject to inspection under federal laws;

(2) Air tanks located on vehicles operating under the rules of other state authorities and used for carrying passengers, or freight;

(3) Air tanks installed on the right of way of railroads and used directly in the operation of trains;

(4) Pressure vessels that are under the regulation and control of the state fire marshal under Chapter 3737. of the Revised Code;

(5) Boilers and pressure vessels outside the scope of the applicable section of the "ASME Code for Boilers and Pressure Vessels" as referenced in rule 4101:4-3-01 of the Administrative Code;

(6) Historical steam boilers of riveted construction, preserved, restored, or maintained for hobby or demonstration use. In accordance with section 4104.33 of the Revised Code, these boilers shall be repaired, altered, inspected and operated in compliance with Chapter 1301:3-4 of the Administrative Code, the rules adopted by the historical boilers licensing board.

(B) All boilers and pressure vessels proposed for use in the state of Ohio, except those exempt in paragraph (A) of this rule shall be inspected by an authorized inspector during fabrication and construction and upon completion for compliance with the rules of the board. The inservice inspections shall be conducted by general and special inspectors in accordance with rules adopted by the superintendent in Chapter 1301:3-5 of the Administrative Code. The following boilers and pressure vessels shall comply with the rules of the board for construction but shall not be subjected to the superintendent's inspection requirements or contractor registration requirements prescribed in Chapter 1301:3-5 or 4101:4-7, respectively, of the Administrative Code:

(1) Portable boilers or pressure vessels when located on farms and used solely for agricultural purposes;

(2) Low pressure boilers which are located in private residences or in apartment houses of less than or equal to five family units (these boilers are regulated by Chapters 4101:8-1 to 4101:8-44 of the Administrative Code known as the "Residential Code of Ohio" or Chapters 4101:2-1 to 4101:2-15 of the Administrative Code known as the "Ohio Mechanical Code");

(3) Pressure vessels containing only water under pressure for domestic supply purposes, including those containing air, the compression of which serves only as a cushion or airlift pumping system, when located in private residences or in apartment houses of less than or equal to five family units (these pressure vessels, hot water expansion tanks, and pressure tanks are regulated by the Chapters 4101:2-1 to 4101:2-15 of the Administrative Code known as the "Ohio Mechanical Code" and Chapters 4101: 3-1 to 4101:3-13 of the Administrative Code known as the "Ohio Plumbing Code");

(4) Portable boilers used in pumping, heating, steaming, and drilling, in the open field, for water, gas, and oil;

(5) Portable boilers used in the construction of and repair to public roads, railroads, and bridges.

(C) If the owner or user of any boiler disagrees with the inspector as to the necessity for shutting down a boiler or for making repairs or alterations to it, or taking any other measures for safety, the owner or user may appeal the decision of the inspector to the board of building appeals.

(D) In the event of a conflict, the rules of the board adopted pursuant to section 3781.10 of the Revised Code and known as the "Ohio Building Code," the "Ohio Mechanical Code," and the "Ohio Plumbing Code" shall govern any rule or standards adopted by the board pursuant to section 4104.02 of the Revised Code.

(E) In any condition not covered by these rules, the applicable section of the "ASME Code for Boilers and Pressure Vessels" as referenced in rule 4101:4-3-01 of the Administrative Code for new installations shall apply when not inconsistent with the provisions of Chapter 4104. of the Revised Code. Should any paragraph, subparagraph, sentence, clause, phrase, provision, or exemption of these rules be declared unconstitutional or invalid for any reason, the invalidity shall not affect the remaining portions or paragraphs.

Effective: 03/01/2013
R.C. 119.032 review dates: 11/08/2012 and 02/08/2018
Promulgated Under: 119.03
Statutory Authority: 4104.02(A)
Rule Amplifies: 4104.04
Prior Effective Dates: 10/1/66, 10/1/99, 1/1/03, 7/1/07