North Carolina § 95-69 - 10. Application of Article; exemptions.

§ 95-69. 10. Application of Article; exemptions.

This Article shall apply to all boilers and pressure vessels constructed, used, or designed for operation in this State including all new and existing installations unless specifically excluded by subsection (b) of this section. This Article shall not apply to: Boilers and pressure vessels owned or operated by the federal government, unless the agency in question has asked for coverage by this Article. Pressure vessels used for transportation or storage of compressed gases when constructed in compliance with the specifications of the United States Department of Transportation and when charged with gas marked, maintained, and periodically requalified for use, as required by appropriate regulations of the United States Department of Transportation. Portable pressure vessels used for agricultural purposes only or for pumping or drilling in an open field for water, gas or coal, gold, talc, or other minerals and metals. Boilers and pressure vessels which are located in private residences or in apartment houses of less than six families. Repealed by Session Laws 2007-231, s. 1, effective July 18, 2007. Air tanks located on vehicles licensed under the rules and regulations of other state authorities operating under rules and regulations substantially similar to those of this State and used for carrying passengers or freight within interstate commerce. Air tanks installed on right-of-way of railroads and used directly in the operation of trains. Any of the following pressure vessels that do not exceed the listed limitations if the vessel is not equipped with a quick actuating closure: Five cubic feet in volume and 250 psig. Three cubic feet in volume and 350 psig. One and one-half cubic feet in volume and 600 psig. An inside diameter of six inches with no limitation on pressure. Five cubic feet in volume when the pressure vessel is constructed and operated on the same real property zoned industrial and where its operation is undertaken using commercially acceptable safety precautions for the application. Pressure vessels operating at a working pressure not exceeding 15 psig. Pressure vessels with a nominal water capacity not exceeding 120 gallons and containing water under pressure at temperatures not exceeding 120øF, including those containing air, the compression of which serves as a cushion. Boilers and pressure vessels on railroad steam locomotives that are subject to federal railway safety regulations pursuant to 49 C.F.R. § 230. Repealed by Session Laws 1985, c. 620, s. 2. Coil-type hot water supply boilers, generally referred to as steam jennies, where the water can flash into steam when released directly to the atmosphere through a manually operated nozzle and where adequate safety relief valves and controls are installed on them, provided none of the following limitations are exceeded: There is no drum, header, or other steam space. No steam is generated within the coil. Maximum 1 inch tube size. Maximum 3/4 inch nominal pipe size. Maximum 6 gallon nominal water storage capacity. Water temperature of 350øF. Pressure vessels containing water at a temperature not exceeding 110 degrees fahrenheit except that this provision shall not exclude hydropneumatic pressure vessels from regulation. An air tank that does not exceed eight cubic feet in volume that is installed on a service vehicle. Autoclaves in medical offices and hospitals that are less than five cubic feet in volume, even if they are equipped with a quick actuating closure. Coil-type hot water supply boilers of the instantaneous type where adequate safety relief valves and controls are installed if none of the following limitations are exceeded: There is no drum or header. No steam is generated within the coil. Maximum one-inch tube size. Maximum three-quarter-inch nominal pipe size. Maximum six-gallon nominal water storage capacity. Water temperature not to exceed 250øF. Maximum heat input does not exceed 400,000 Btu/hr or 110 kW. Maximum pressure of 260 psig. Toy boilers, if all of the following apply: The water containing volume of the boiler is less than one quart. The operating pressure does not exceed 15 psig. The maximum outside diameter of the shell is no greater than six inches. The boiler is manually fired by solid fuels. Pressure vessels associated with electrical apparatus in electrical switchyards if the pressure vessels have proper pressure relief devices. Carbon dioxide tanks used in beverage dispensing service. The construction and inspection requirements established by the Department of Labor shall not apply to hot water supply boilers or water heaters which are directly fired with oil, gas, or electricity, or to hot water storage tanks heated by steam or any other indirect means, if they are equipped with ASME Code and National Board certified safety relief valves and do not exceed any of the following limitations: Heat input of 200,000 Btu/hr or 58.6 kW. Repealed by Session Laws 2005-453, s. 2. Nominal water capacity of 120 gallons. The construction requirements established by the Department of Labor shall not apply to pressure vessels installed in this State prior to December 31, 1981, if they are equipped with ASME Code and National Board certified safety relief valves and: Are of one-piece, unwelded, forged construction; Are constructed before January 1, 1981, and operating or could be operated, under the laws of any state or Canadian Province that has adopted one or more sections of the ASME Code; Are transferred into this State without a change of ownership; and Are determined by the Chief Inspector to be constructed under standards substantially equivalent to those established by the department at the time of transfer. The construction requirements established by the Department of Labor shall not apply to pressure vessels installed in this State prior to December 31, 1984, if they are equipped with ASME Code and National Board certified safety relief valves and: Are manufactured from gray iron casting material, as specified by the American Society for Testing and Materials, (ASTM) 48-60T/30; Are constructed before December 31, 1967, and operating or could be operated, under the laws of any state or Canadian Province that has adopted one or more sections of the ASME Boiler and Pressure Vessel Code; Are transferred into this State without a change of ownership; and Are determined by the Chief Inspector to be constructed under standards substantially equivalent to those established by the department at the time of transfer. The construction requirements established by the Department of Labor shall not apply to hydropneumatic tanks installed or operated by a community water system prior to January 1, 1986. The inspection requirements established by the Department of Labor shall not apply to pressure vessels used for transportation or storage of liquefied petroleum gas that are subject to inspection in accordance with the requirements established by the Department of Agriculture and Consumer Services. History (1975, c. 895, s. 3; 1979, c. 920, ss. 1, 2; 1981, c. 591; 1983, c. 654; 1985, c. 620, ss. 1, 2; c. 629; 1993, c. 351, s. 2; 2005-453, s. 2; 2007-231, s. 1; 2011-366, ss. 1, 2, 3; 2017-211, s. 18.) Editor's Note. - Session Laws 2017-211, s. 21(a), is a severability clause. Effect of Amendments. - Session Laws 2005-453, s. 2, effective October 1, 2005, substituted "or operated by the federal government, unless the agency in question has asked for coverage by this Article" for "and/or operated by the federal government" in subdivision (b)(1); rewrote subdivision (b)(8); substituted "PSIG pressure" for "psig" in subdivision (b)(9); substituted "not exceeding 120 gallons and containing water under pressure at temperatures not exceeding 120 ø F" for "of 120 gallons or less and containing water under pressure at ambient temperature" in subdivision (b)(10); added subdivisions (b)(15) through (b)(20); substituted "Btu/hr or 58.6 kW" for "BTU HR" in subdivision (c)(1); repealed former subdivision (c)(2), which read: "Water temperature of 200 degrees F"; substituted "unwelded, forged construction" for "forged construction and have no weldments" in subdivision (d)(1); substituted "Chief Inspector" for "Director" in subdivisions (d)(4) and (e)(4); added subsection (f); and made minor punctuation and stylistic changes. Session Laws 2007-231, s. 1, effective July 18, 2007, deleted former subdivision (b)(5) which read: "Pressure vessels used for transportation or storage of liquified petroleum gas."; substituted "railway safety regulations pursuant to 49 C.F.R. § 230" for "safety regulations" at the end of subdivision (b)(11); and added subsection (g). Session Laws 2011-366, ss. 1 through 3, effective June 27, 2011, rewrote subsections (a) and (c) through (e); and in subdivision (b)(17), substituted "drum or header" for "drum, header, or other steam space." Session Laws 2017-211, s. 18, effective October 5, 2017, added subdivision (b)(8)e.