N.M. Admin. Code § 14.9.4.7

Current through Register Vol. 35, No. 21, November 5, 2024

Section 14.9.4.7 - DEFINITIONS

The following terms shall have the meaning indicated when used in these rules and when referenced in the various codes:

A. "Administrative authority" means the mechanical bureau, construction industries division, regulation and licensing department, state of New Mexico.

B. "Accident" means an unexpected happening which causes physical damage in excess of $25,000.00, or injury to any person.

C. "Alter/alteration" means any change in the item described on the original manufacturer's data report which affects the pressure-containing capacity of the boiler. Nonphysical changes such as an increase in the maximum allowable working pressure (internal or external) or design temperature of a boiler shall be considered an alteration. A reduction in the minimum temperature which requires additional mechanical tests shall also be considered an alteration.

D. "ANSI" means the American national standards institute, 1430 Broadway, New York, NY 10018.

E. "American petroleum institute (API)" means the American petroleum institute, 1220 L Street, NW, Washington, D.C. 20005.

F. "ASME Code" means the American society of mechanical engineers boiler and pressure vessel code as published by the society, including addenda and code cases approved by its council.

G. "Automatic boiler" when applied to any class of boilers defined below means such boiler shall be equipped with automatic controls and limit devices.

H. "Boiler" means a closed vessel in which water or other liquid is heated, steam or vapor is generated, steam is superheated, or any combination of these functions is accomplished, under pressure, for use external to itself, by the direct application of energy from the combustion of fuels or from electricity or solar energy. The term includes a fired unit for heating and vaporizing liquids other than water where the unit is separate from the processing system and is complete within itself.

I. "Certificate of inspection" means a document issued upon a successful inspection, stating the boiler may be operated.

J. "Certificate of qualification" is a certificate issued by the construction industries division to a qualifying party.

K. "Commission" means the construction industries commission.

L. "Condemned boiler" means a boiler inspected and declared unfit for further service by the mechanical bureau chief inspector, a deputy state inspector, a special inspector or the commission.

M. "Deputy state inspector" means any state employee appointed by the mechanical bureau of the construction industries division.

N. "Director" means the administrative head of the division.

O. "Division" means the construction industries division of the regulation and licensing department.

P. "Existing boiler" means any boiler installed in New Mexico before the adoption of these rules.

Q. "External piping" shall be considered as that piping which begins where the boiler proper terminates at the first circumferential joint for welding end connections; or the face of the first flange in bolted flanged connections; or the first threaded joint in that type of connection including the valve, if required.

R. "High pressure steam boiler" means a boiler in which steam or other vapor is generated at pressures exceeding 15 psi. (See power steam boiler).

S. "High temperature water boiler" means a boiler used for heating water or liquid to a pressure exceeding 160 psi or to a temperature exceeding 250 degrees F.

T. Hot-water heating boiler. See low-pressure hot-water heating boiler.

U. Hot-water supply boiler means a boiler with volume exceeding 120 gallons or a heat input exceeding 200,000 Btu/hr. or for operation at pressures not exceeding 160 psi and/or temperatures not exceeding 250 degrees F, and that provides hot water to be used externally to itself.

V. Inspection code means the National Board Inspection Code published by the national board of boiler and pressure vessel inspectors, 1055 Crupper Avenue, Columbus, OH 43229, or any other code or standard adopted by Sections 60-13-1.1 or 60-13-2.R of the Construction Industries Licensing Act and LPG Act, NMSA 1978.

W. Inspection Tag means:

(1) Yellow tag means the boiler does not meet code requirements, has deficiencies such as a minor leak, deteriorating refractory, and missing or wrong parts, or in poor operating condition (burner calibration). A qualified inspector evaluates whether the deficiencies presently cause an unsafe condition.

(2) Red tag means the boiler has major leaks (water, fuel, or combustion gases); the refractory is deteriorated to the point where it could cause overheating to the unit; the safety or safety relief valve is corroded shut, the wrong type, or undersized; there are a lack of controls and safety devices; or there are improper repairs (welding, wrong parts, etc.). A qualified inspector evaluates whether deficiencies that presents danger to persons and/or property.

X. Internal inspection means an inspection made when a boiler is shut down and the handhold, manholes, or other inspection openings are opened for inspection of the interior.

Y. Jurisdiction or jurisdictional authority means any city of the United States of America or any state of the United States that has adopted and administers one or more sections of the ASME Boiler and Pressure Vessel Code as a legal requirement.

Z. Low-pressure hot-water heating boiler means a boiler in which water is heated for the purpose of supplying heat at pressures not exceeding 160 psi and temperatures not exceeding 250 degrees F.

AA. Mechanical bureau means the trade bureau responsible for performing inspections and regulating boilers in the state of New Mexico.

BB. Mechanical bureau chief inspector means the individual who administers the mechanical bureau and makes inspections and is appointed by the construction industries division director.

CC. National board means the national board of boiler and pressure vessel inspectors, whose membership is composed of the chief inspector, or other officials who hold a national board commission and are charged with the enforcement of boiler and pressure vessel inspection regulations of any political subdivision of the United States or Canada which has adopted one or more sections of the ASME Boiler and Pressure Vessel Code.

DD. National board commission means a certificate issued by the national board of boiler and pressure vessel inspectors to an individual who has passed the national board examination, holds a valid certificate of competency and is regularly employed as an inspector by an insurance company.

EE. National board commissioned inspector means an inspector who holds a valid national board commission and is regularly employed as an inspector by an insurance company authorized to write boiler and pressure vessel insurance by the state of New Mexico. This term is considered synonymous with "special inspector". Such national board commissioned inspector is not granted the authority contained in Sections 60-13-41, 60-13-42 and 60-13-43 of the New Mexico Construction Industries Licensing Act and LPG Act, (NMSA 1978).

FF. New boiler installation means any boiler constructed, installed or re-installed and placed in operation after the adoption of these boiler rules.

GG. Operator certificate of competency means a document issued to a person who has satisfied the minimum competency requirements for boiler operators under Section 60-13-38 of the New Mexico Construction Industries Licensing Act and LPG Act, (NMSA 1978).

HH. Owner-user inspection agency means an owner or user of pressure vessels that maintains a regularly established inspection department, whose organization and inspection procedures meet the requirements of the national board rules and acceptable to the jurisdiction wherein the owner or user is located. It is recommended that either a commissioned national board owner/user inspector or a commissioned API-510 owner/user inspector be assigned the responsibility of establishing and monitoring such agency.

II. Owner-user inspector means an inspector who holds a valid national board owner-user commission and has qualified by written examination under the laws, rules and regulations of a jurisdiction of a state of the United States or a province of Canada, and is regularly employed as an inspector by an owner-user inspection agency. Such inspector is not granted the authority contained in Sections 60-13-41, 60-13-42 or 60-13-43 of the New Mexico Construction Industries Licensing Act and LPG Act, (NMSA 1978).

JJ. Power steam boiler means a boiler in which steam or other vapor is generated at pressures exceeding 15 psi.

KK. Place of public assembly means any place where large numbers of individuals congregate (i.e., schools, hospitals, whether public or private, and other such entities). Place of public assembly shall not be construed as applying to businesses where private industry is in operation (i.e., manufacturing facilities, production facilities, dry cleaners, etc.). The rules in this document for inspections and certificates of inspection apply specifically to this definition.

LL. Publicly owned place of public assembly means the same as place of public assembly, except it is owned by the "public" (i.e., public schools, public hospitals, etc.). The rules for qualification and certification of boiler operators contained in Section 29 [now 14.9.4.29 NMAC] (Boiler Operator, Certificate of Competence) of these rules apply specifically to this definition.

MM. Reinstalled boiler means a boiler that has been removed from its original setting and reinstalled at the same location or at a new location.

NN. Repair means the work necessary to restore a boiler or pressure vessel to a safe and satisfactory operating condition provided there is no deviation from the original design.

OO. Repair organization means a holder of a valid national board commission authorizing the use of the "R", "VR" or "NR" stamp; or one that is authorized by the mechanical bureau (the local jurisdiction).

PP. Second-hand boiler means a boiler that has changed ownership and location subsequent to its original installation and use.

QQ. Special inspector means an inspector who holds a national board commission and who is regularly employed by an authorized national board inspection agency authorized to insure against loss from the explosion of a boiler or pressure vessel in New Mexico. Such inspector is not granted the authority contained in Sections 60-13-41, 60-13-42 or 60-13-43 of the New Mexico Construction Industries Licensing Act and LPG Act, (NMSA 1978). Also see national board commissioned inspector.

N.M. Admin. Code § 14.9.4.7

1-1-98; 14.9.4.7 NMAC - Rn, 14 NMAC 9.4.7, 08-01-03