D. Boilers and pressure vessels brought into the Commonwealth and not meeting ASME Code requirements shall not be operated unless the owner or user is granted a variance in accordance with § 40.1-51.19 of the Act. The request for variance shall include all documentation related to the boiler or pressure vessel that will provide evidence of equivalent fabrication standards, i.e., design specification, calculations, material specifications, detailed construction drawings, fabrication and inspection procedures and qualification records, examination, inspection and test records, and any available manufacturers' data report.
In order to facilitate such a variance approval, the submission of documentation, in the English language and in current U.S. standard units of measure would be helpful. The following list of documents, while not all inclusive, would be useful in providing evidence of safety equivalent to ASME Code construction:
1. List of materials used for each pressure part;2. The design calculations to determine the maximum allowable working pressure in accordance with the ASME Code, applicable section, edition and addenda;3. The design code used and the source of stress values for the materials used in the design calculations;4. The welding procedures used and the qualification records for each procedure;5. The material identification for each type of welding material used;6. The performance qualification records for each welder or welding operator used in the construction of the boiler or pressure vessel;7. The extent of any nondestructive examination (NDE) performed and the qualification records of NDE operators;8. Record of final pressure test signed by a third party inspector;9. Name and organization of the third party inspection agency;10. A certification from a licensed professional engineer stating that the boiler or pressure vessel has been constructed to a standard providing equivalent safety to that of the ASME Code. A signature, date and seal of the certifying engineer are required;11. Where applicable, a matrix of differences between the actual construction of the boiler or pressure vessel for which a variance is requested and a similar boiler or pressure vessel that is ASME Code stamped; and12. Where applicable, a letter from an insurance company stating that it will insure the boiler or pressure vessel. After notification of a violation of this chapter, an owner or user desiring a variance shall submit a request for variance within 30 days.
The chief inspector shall respond to any request for a variance within 30 days of receipt of all required documentation and shall submit a recommendation to the commissioner, who will make the decision on the variance.