Boiler operator cert.

AN ACT Relating to a statewide boiler operator certification; 1
amending RCW 70.79.030, 70.79.040, 70.79.090, and 70.79.110; adding 2
new sections to chapter 70.79 RCW; creating a new section; repealing 3
RCW 70.79.050; and prescribing penalties. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. The legislature finds that there are only 6
three jurisdictions that regulate the safe operation of boilers by 7
certified boiler operators. The national board of boiler and pressure 8
vessel inspectors has advised that trained boiler operators are 9
essential to avoiding potential risks to personnel, the public, and 10
property.11
The national board stated that "The primary concern in the 12
operation of boilers, regardless of pressure or type, is safety. Too 13
often, automatic features lead owners and the general public to 14
believe that the equipment will function without worker oversight, 15
maintenance, operation, and repair. A boiler can fail regardless of 16
its level of automation and a boiler failure can lead to catastrophic 17
results. Even the automatic controls must be properly maintained and 18
tested at specific intervals to keep them functioning properly."19
The legislature further finds that ensuring boiler safety is 20
critical and the best way to achieve this goal is through the 21
S-0808.1
SENATE BILL 5694
State of Washington 69th Legislature 2025 Regular Session
By Senator King
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unification of the existing certification and training expectations 1
for the entire state to ensure portability of the certification and 2
that the workers in this field possess the necessary skills, 3
training, and abilities for the safe operation, maintenance, and 4
repair of boilers. This act is intended not to create a drastically 5
new system, but to utilize the currently recognized certification 6
programs for certification of all workers. A worker who retains 7
certification from any jurisdiction having the authority, and 8
approved by the board, to administer an approved boiler operator 9
certification program is intended to be considered appropriately 10
certified and compliant with this act. The role of the department of 11
labor and industries is intended to be to enforce that these 12
certification requirements are complied with. 13
NEW SECTION. Sec. 2. A new section is added to chapter 70.79 14
RCW to read as follows: 15
The definitions in this section apply throughout this chapter 16
unless the context clearly requires otherwise. 17
(1) "Board" means the board of boiler rules established pursuant 18
to RCW 70.79.010. 19
(2) "Department" means the department of labor and industries.20
Sec. 3. RCW 70.79.030 and 1999 c 183 s 2 are each amended to 21
read as follows: 22
The board shall formulate definitions and rules for the safe and 23
proper construction, installation, repair, use, and operation of 24
boilers and certification of boiler operators for the safe and proper 25
construction, installation, and repair of unfired pressure vessels in 26
this state. The definitions and rules so formulated shall be based 27
upon, and, at all times, follow the nationally or internationally 28
accepted engineering standards, formulae, and practices established 29
and pertaining to boiler and unfired pressure vessel construction and 30
safety, and the board may by resolution adopt existing published 31
codifications thereof, and when so adopted the same shall be deemed 32
incorporated into, and to constitute a part or the whole of the 33
definitions and rules of the board. Amendments and interpretations to 34
the code shall be enforceable immediately upon being adopted, to the 35
end that the definitions and rules shall at all times follow 36
nationally or internationally accepted engineering standards. 37
However, all rules adopted by the board shall be adopted in 38
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compliance with the ((Administrative Procedure Act )) administrative 1
procedure act, chapter 34.05 RCW, as now or hereafter amended.2
Sec. 4. RCW 70.79.040 and 1951 c 32 s 4 are each amended to read 3
as follows: 4
(1) The board shall promulgate rules and regulations for the safe 5
and proper installation, repair, use , and operation of boilers, and 6
for the safe and proper installation and repair of unfired pressure 7
vessels which were in use or installed ready for use in this state 8
prior to the date upon which the first rules and regulations under 9
this chapter pertaining to existing installations became effective, 10
or during the ((twelve months )) 12-month period immediately 11
thereafter. 12
(2) The board shall adopt rules necessary to implement a 13
certification program for boiler operators who operate and maintain 14
boilers. Initial rules adopted under this subsection must take effect 15
on January 1, 2028.16
Sec. 5. RCW 70.79.090 and 2021 c 65 s 67 are each amended to 17
read as follows: 18
The following boilers and unfired pressure vessels shall be 19
exempt from the requirements of RCW 70.79.220 ((and)), 70.79.240 20
through 70.79.330, and sections 7 through 12 of this act:21
(1) Boilers or unfired pressure vessels located on farms and used 22
solely for agricultural purposes; 23
(2) Unfired pressure vessels that are part of fertilizer 24
applicator rigs designed and used exclusively for fertilization in 25
the conduct of agricultural operations; 26
(3) Steam boilers used exclusively for heating purposes carrying 27
a pressure of not more than ((fifteen)) 15 pounds per square inch 28
gauge and which are located in private residences or in apartment 29
houses of less than six families; 30
(4) Hot water heating boilers carrying a pressure of not more 31
than ((thirty)) 30 pounds per square inch and which are located in 32
private residences or in apartment houses of less than six families;33
(5) Approved pressure vessels (hot water heaters, hot water 34
storage tanks, hot water supply boilers, and hot water heating 35
boilers listed by a nationally recognized testing agency), with 36
approved safety devices including a pressure relief valve, with a 37
nominal water containing capacity of ((one hundred twenty )) 120 38
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gallons or less having a heat input of ((two hundred thousand 1
b.t.u.'s per hour )) 200,000 Btu/h or less, at pressure of ((one 2
hundred sixty )) 160 pounds per square inch or less, and at 3
temperatures of ((two hundred ten )) 210 degrees Fahrenheit or less: 4
PROVIDED, HOWEVER, That such pressure vessels are not installed in 5
schools, child care centers, public and private hospitals, nursing 6
homes, assisted living facilities, churches, public buildings owned 7
or leased and maintained by the state or any political subdivision 8
thereof, and assembly halls; 9
(6) Unfired pressure vessels containing only water under pressure 10
for domestic supply purposes, including those containing air, the 11
compression of which serves only as a cushion or airlift pumping 12
systems, when located in private residences or in apartment houses of 13
less than six families, or in public water systems as defined in RCW 14
70A.120.020; 15
(7) Unfired pressure vessels containing liquefied petroleum 16
gases. 17
Sec. 6. RCW 70.79.110 and 1951 c 32 s 11 are each amended to 18
read as follows: 19
The chief inspector, if authorized by the director of the 20
department ((of labor and industries )) is hereby charged, directed 21
and empowered: 22
(1) To cause the prosecution of all violators of the provisions 23
of this chapter; 24
(2) To issue, or to suspend, or revoke for cause, inspection 25
certificates as provided for in RCW 70.79.290; 26
(3) To take action necessary for the enforcement of the laws of 27
the state governing the use of boilers and unfired pressure vessels 28
and of the rules and regulations of the board; 29
(4) To keep a complete record of the type, dimensions, maximum 30
allowable working pressure, age, condition, location, and date of the 31
last recorded internal inspection of all boilers and unfired pressure 32
vessels to which this chapter applies; 33
(5) To publish and distribute, among manufacturers and others 34
requesting them, copies of the rules and regulations adopted by the 35
board. 36
(6) To issue, suspend, or revoke for cause boiler operator 37
certifications issued under this chapter.38
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NEW SECTION. Sec. 7. A new section is added to chapter 70.79 1
RCW to read as follows: 2
(1) The department, with the consent of the board, shall prepare 3
examinations to be administered to applicants for boiler operator 4
certification. The examination must be constructed to determine:5
(a) Whether the applicant possesses varied knowledge of the 6
technical information and practical procedures that are identified 7
with the level boiler operation; and 8
(b) Whether the applicant is familiar with the applicable 9
national and international codes, this chapter, and the 10
administrative rules of the department pertaining to boiler operation 11
and general maintenance. 12
(2) The department, with the consent of the board, may enter into 13
a contract with a nationally recognized testing agency to develop, 14
administer, and score any examinations required by this section. All 15
applicants must, before taking an examination, pay the required 16
examination fee. The department shall set the examination fee by 17
contract with a nationally recognized testing agency, if applicable. 18
The fee must cover, but not exceed, the costs of preparing and 19
administering the examination and the materials necessary to conduct 20
the practical elements of the examination. The department shall 21
approve training courses for examinations provided by this section.22
(3) The department shall certify the results of the examinations 23
and must notify the applicant in writing whether the applicant has 24
passed or failed. Any applicant who has failed the examination may 25
retake the examination pursuant to the terms set by the board in 26
rule. The board may not limit the number of times a person may take 27
the examination. 28
(4) The board must establish by rule the acceptable experience 29
levels and requirements necessary for an applicant to be eligible to 30
take the boiler operator certification examinations subject to the 31
following: 32
(a) For a grade I boiler operator certification, the applicant 33
must furnish to the department evidence of qualification that the 34
applicant has: 35
(i) An aggregate of five years' experience operating high or low 36
pressure boiler plants, or equivalent experience; 37
(ii) Attended a recognized school of technology and has an 38
aggregate of three years' experience operating high or low pressure 39
boiler plants or equivalent experience; or 40
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(iii) Attended a recognized training program and has an aggregate 1
of four years' experience operating high or low pressure boiler 2
plants or equivalent experience. 3
(b) For a grade II boiler operator certification, the applicant 4
must furnish to the department evidence of qualification that the 5
applicant has: 6
(i) An aggregate of four years' experience operating high or low 7
pressure boiler plants, or equivalent experience; 8
(ii) Attended a recognized school of technology and has an 9
aggregate of two years' experience operating high or low pressure 10
boiler plants or equivalent experience; or 11
(iii) Attended a recognized training program and has an aggregate 12
of three years' experience operating high or low pressure boiler 13
plants or equivalent experience. 14
(c) For a grade III boiler operator certification, the applicant 15
must furnish to the department evidence of qualification that the 16
applicant has: 17
(i) An aggregate of three years' experience operating high or low 18
pressure boiler plants or equivalent experience; 19
(ii) Attended a recognized school of technology and has an 20
aggregate of one year experience operating high or low pressure 21
boiler plants or equivalent experience; or 22
(iii) Attended a recognized training program and has an aggregate 23
of two years' experience operating high or low pressure boiler plants 24
or equivalent experience. 25
(d) For a grade IV boiler operator certification, the applicant 26
must furnish to the department evidence of qualification that the 27
applicant has: 28
(i) An aggregate of one year of experience operating high or low 29
pressure boiler plants or equivalent experience; 30
(ii) Attended a recognized school of technology and has an 31
aggregate of 80 hours observation experience operating high or low 32
pressure boiler plants or equivalent experience; or33
(iii) Attended a recognized training program and has an aggregate 34
of 120 hours observation experience operating high or low pressure 35
boiler plants or equivalent experience. 36
(e) For a grade V boiler operator certification, the applicant 37
must furnish evidence of qualification of examination as required by 38
the department. 39
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(5) The board shall, by rule, establish the requisite level, not 1
less than eight hours every four years, of continuing education units 2
required for renewal of boiler operator certification.3
NEW SECTION. Sec. 8. A new section is added to chapter 70.79 4
RCW to read as follows: 5
(1) A city performing certification of boiler operators within 6
its jurisdiction may continue the administration of its boiler 7
operator certification program if it: 8
(a) Has adopted ordinances with requirements equal to, or higher 9
than, the requirements for the operation of boilers and the 10
certification of boiler operators established in this chapter; and11
(b) Actively enforces the ordinances adopted under (a) of this 12
subsection. 13
(2) After the adoption of rules by the board relating to boiler 14
operator certification, as required in section 4 of this act, and 15
until January 1, 2029, a boiler operator certification obtained from 16
any city covered under subsection (1) of this section has the same 17
force and effect as the state boiler operator certification and 18
allows the holder of the certification to perform boiler operator 19
work in this state. However, this subsection does not prohibit a city 20
covered under subsection (1) of this section from requiring its own 21
boiler operator certificate within its jurisdiction.22
(3) The board shall adopt rules for the removal of city 23
certification programs that do not adhere to the requirements of this 24
chapter and the rules adopted by the board. 25
(4) This chapter does not limit any city's authority to charge 26
fees necessary to implement a program under subsection (1) of this 27
section. 28
NEW SECTION. Sec. 9. A new section is added to chapter 70.79 29
RCW to read as follows: 30
No examination may be required of any applicant for a certificate 31
of competency who, on December 31, 2027, was engaged in a bona fide 32
business or trade of boiler operation and maintenance, held a valid 33
certificate or license issued by a political subdivision of the 34
state, and whose certification was valid at the time of making the 35
application for the certificate. To qualify for state certification 36
without passing the state examination, applicants qualifying under 37
this section must apply by October 1, 2028. Applicants qualifying 38
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under this section shall be issued a certification by the department 1
upon making an application as provided in the rules adopted by the 2
board. 3
NEW SECTION. Sec. 10. A new section is added to chapter 70.79 4
RCW to read as follows: 5
(1) The department may grant temporary boiler operator permits in 6
lieu of certificates of competency whenever a boiler operator coming 7
into the state of Washington from another state requests from the 8
department a temporary permit to engage in the trade of boiler 9
operation as a certified boiler operator during the period of time 10
between filing an application for a boiler operator certificate and 11
taking the examination provided for in section 7 of this act.12
(2) The temporary permit may include a photograph of the boiler 13
operator. 14
(3) No temporary permit may be issued to: 15
(a) Any person who has failed to pass the examination for a 16
certificate of competency; or 17
(b) Any applicant under this section who has not furnished the 18
department with the required evidence of experience or education 19
required under section 7 of this act. 20
NEW SECTION. Sec. 11. A new section is added to chapter 70.79 21
RCW to read as follows: 22
(1) The department may revoke or suspend a boiler operator 23
certification for any of the following reasons: 24
(a) The certification was obtained through error or fraud;25
(b) The certificate holder is judged to be incompetent to carry 26
on the trade of boiler operation and maintenance at the level of 27
boiler operation identified on the holder's certification;28
(c) The certificate holder has violated any provision of this 29
chapter or any rule adopted under this chapter. 30
(2) Before a boiler operator certification is revoked or 31
suspended, the department shall send written notice using a method by 32
which the mailing can be tracked or the delivery confirmed to the 33
certificate holder's last known address. The notice must list the 34
allegations against the certificate holder and give the certificate 35
holder the opportunity to request a hearing before the board. At the 36
hearing, the department and the certificate holder may produce 37
witnesses and give testimony. The hearing must be conducted in 38
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accordance with chapter 34.05 RCW. The board shall render its 1
decision based upon the testimony and evidence presented and shall 2
notify the parties immediately upon reaching its decision. A majority 3
of the board is necessary to render a decision. 4
(3) The department may deny renewal of a boiler operator 5
certification issued under this chapter if the applicant for renewal 6
owes outstanding penalties for a final judgment under this chapter. 7
The department shall notify the applicant of the denial using a 8
method by which the mailing can be tracked or the delivery confirmed 9
to the address on the application. Applicants may appeal the denied 10
renewal of a boiler operator certification to the board. The appeal 11
must be filed within 20 days after service of the notice of the 12
denied renewal to the applicant by filing a written notice of appeal 13
with the chief boiler inspector. The hearing and review procedures 14
shall be conducted by the board in accordance with chapter 34.05 RCW.15
NEW SECTION. Sec. 12. A new section is added to chapter 70.79 16
RCW to read as follows: 17
(1) It is unlawful for any person, firm, partnership, or 18
corporation to operate a boiler covered under this chapter without a 19
valid boiler operator certification. 20
(2) The department may assess a penalty against a person, firm, 21
partnership, or corporation violating a provision of this chapter. 22
The penalty shall be not more than $500. Each day that the violation 23
continues is a separate violation and is subject to a separate 24
penalty. 25
(3) The department may not assess a penalty under this section 26
until the board adopts rules related to the method it uses to 27
calculate penalties for violations of boiler operator requirements.28
(4) The department must notify the violator of its action, and 29
the reasons for its action, in writing. The department must send the 30
notice to the violator using a method by which the mailing can be 31
tracked or the delivery confirmed. A hearing may be requested under 32
RCW 70.79.361. The hearing shall not stay the effect of the penalty.33
NEW SECTION. Sec. 13. RCW 70.79.050 (Rules and regulations — 34
Effect) and 1951 c 32 s 5 are each repealed.35
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