TITLE XII
PUBLIC SAFETY AND WELFARE

Chapter 157-A
BOILERS AND PRESSURE VESSELS

Section 157-A:1

157-A:1 Title. – This chapter shall be known and cited as the Boilers and Pressure Vessels Law and, except as otherwise provided in the chapter, shall apply to all boilers and pressure vessels.

Source. 1967, 236:1. 1988, 31:2, eff. May 23, 1988.

Section 157-A:2

157-A:2 Definitions. –
In this chapter:
I. "Owner" means a person, partnership, association, or corporation who is the holder of title to, or who leases a boiler or boilers or pressure vessels from the holder of title to, a building in which there are a boiler or boilers or pressure vessels as defined in this section.
II. "Commissioner" means the commissioner of labor.
III. "Boiler" means a closed vessel in which water or other fluid is heated, steam is generated, steam is superheated, or any combination thereof, under pressure or vacuum for use externally to itself by the direct application of heat from the combustion of fuels, or from electricity or nuclear energy. This term also includes fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and are complete within themselves. The term "boiler" shall also include the apparatus by which heat is generated and all controls and safety devices associated with such apparatus or closed vessels.
IV. "Power boiler" means a boiler in which steam or other vapor (to be used externally to itself) is generated at a pressure of more than 15 psig.
V. "High pressure-high temperature boiler" means a boiler in which water or other fluid is heated and operating at pressures exceeding 160 psig or temperatures exceeding 250degree F.
VI. "Low pressure boiler" means a steam boiler operating at pressures not exceeding 15 psig, or a hot water heating boiler operating at pressures not exceeding 160 psig or temperatures not exceeding 250degree F.
VII. "Pressure vessel" means a vessel in which the pressure is obtained from an external source or by the application of heat from an indirect source.
VIII. "Certificate inspection" means an inspection, the report of which is used by the commissioner or the commissioner's authorized representative to decide whether or not a certificate, as provided by RSA 157-A:9, may be issued. This certificate inspection shall be an internal inspection when the construction permits; otherwise, it shall be an inspection as complete as possible.

Source. 1967, 236:1. 1988, 31:3, 4, 11. 1995, 142:1, 2, eff. July 23, 1995.

Section 157-A:3

157-A:3 Rules. –
I. To carry out the purposes of this chapter, the commissioner shall formulate definitions and adopt rules under RSA 541-A consistent with:
(a) The boiler and pressure vessel code of the American Society of Mechanical Engineers and the National Board Inspection Code as published by the National Board of Boiler and Pressure Vessel Inspectors, with the amendments and interpretations thereto; and
(b) The code and amendments thereto adopted by the state building code review board pursuant to RSA 155-A:3-a.
I-a. In addition, the commissioner may adopt rules under RSA 541-A to facilitate administration and enforcement of this chapter and RSA 155-A:3-a.
II. All rules adopted by the commissioner under authority granted by this chapter shall be adopted as provided by RSA 541-A.

Source. 1967, 236:1. 1975, 441:5. 1983, 421:4. 1988, 31:5. 2010, 326:3, eff. Sept. 18, 2010.

Section 157-A:3-a

157-A:3-a Charge for Inspection. – The commissioner shall charge $100 per hour for inspections performed by employees of the department of labor.

Source. 1983, 421:5. 1989, 408:22. 2005, 177:97, eff. July 1, 2005.

Section 157-A:4

157-A:4 New Boiler and Pressure Vessel Installation. – No boiler or pressure vessel which does not conform to the applicable codes and amendments thereto and the rules adopted by the commissioner governing new construction and installation shall be installed and operated in this state unless the boiler or pressure vessel is of special design or construction, and is not inconsistent with the spirit and safety objectives of such codes and rules, in which case a special installation and operating permit may at the commissioner's discretion be granted by the commissioner.

Source. 1967, 236:1. 1988, 31:6. 1995, 142:3. 2010, 326:4, eff. Sept. 18, 2010.

Section 157-A:5

157-A:5 Existing Boiler and Pressure Vessel Installation. –
I. The maximum allowable pressure of a boiler or of a pressure vessel shall be determined by the applicable sections of the code, amendments thereto, or rules under which it was constructed and stamped.
II. The maximum allowable pressure of a boiler or pressure vessel which does not carry the ASME or API-ASME Code or EN 303-5 symbol shall be computed in accordance with the inspection code of the National Board of Boiler and Pressure Vessel Inspectors.
III. This chapter shall not be construed as in any way preventing the use, sale, or reinstallation of a boiler or pressure vessel referred to in this section, provided it has been made to conform to the rules of the commissioner governing existing installations and, provided further, it has not been found upon inspection to be in an unsafe condition.

Source. 1967, 236:1. 1988, 31:7. 2010, 326:5, eff. Sept. 18, 2010.

Section 157-A:6

157-A:6 Exemptions. –
I. The inspection requirements of RSA 157-A:8, 9-a, and 10 shall not apply to buildings used exclusively as private residences or apartment houses of less than 3 family units.
II. This chapter shall not apply to the following boilers:
(a) Boilers under federal control, or United States Coast Guard control.
(b) Manually fired boilers for model locomotive, boat, tractor, stationary engines, or antique motor vehicles constructed or maintained only as a hobby for exhibition or educational or historical purposes, not for commercial use; provided that such boilers have an inside diameter of less than 12 inches or a grate area not in excess of 2 square feet and equipped with an ASME stamped safety valve of adequate capacity and size, a water level indicator and a pressure gauge.
(c) Boilers with less than 200,000 BTU/HR output in apartment houses.
III. This chapter shall not apply to the following pressure vessels:
(a) Pressure vessels under federal control, or United States Coast Guard control.
(b) Pressure vessels used for transportation or storage of compressed gases when constructed in compliance with specification of the Interstate Commerce Commission and when charged with gas, marked, maintained, and periodically requalified for use, as required by appropriate regulations of the Interstate Commerce Commission.
(c) Air tanks located on vehicles operating under the rules of the states' authorities and used for carrying passengers or freight.
(d) Air tanks installed on the right of way of railroads and used directly in the operation of trains.
(e) Pressure vessels that do not exceed (1) 5 cubic feet in volume and 250 psig, (2) 1 1/2 cubic feet in volume or an inside diameter of 6 inches, and 3,000 psig.
(f) Pressure vessels operating at a working pressure not exceeding 15 psig.
(g) Water-containing vessels (excluding hot water heaters) having a working pressure not to exceed 125 psig including those with air, the compression of which serves only as a cushion.
(h) Tanks containing air and liquids in which pressure is maintained by pumps.
(i) Group I refrigerant receivers (A.S.H.R.A.E.).
IV. This chapter shall not apply to hot water heaters installed after the effective date of this act provided that none of the following limitations are exceeded:
(a) Heat input of 200,000 BTU/HR.
(b) Water temperature of 210 degrees Fahrenheit.

Source. 1967, 236:1. 1988, 31:8. 1995, 142:4, eff. July 23, 1995. 2014, 235:1, eff. Sept. 19, 2014. 2023, 79:94, eff. July 1, 2023.

Section 157-A:7

157-A:7 Inspectors. –
I. A boiler and pressure vessel inspector shall hold an active National Board commission and be qualified by the commissioner of labor.
II. A license shall be issued by the commissioner to an inspector for a 1-year period. A fee of $30 shall be charged for the license. A license may be renewed every year upon payment of a fee of $20. Employees of the department of labor shall not be charged for the issuance or renewal of a license.
III. The commissioner may revoke any license issued by the commissioner for cause shown, after a hearing, if so requested. The holder of the license under question shall receive 7 days' written notice informing the holder of the charges against such holder and of the time and place of the hearing.
IV. Any boiler or pressure vessel that does not conform to the standards established under RSA 157-A:3 may be operated under the following conditions:
(a) Such boiler or vessel shall be operated only as a hobby or for educational or historical purposes. Under no condition may it be operated for commercial purposes.
(b) An inspection of such boiler or vessel shall be conducted annually by a person qualified under RSA 157-A:7 and in accordance with rules adopted by the commissioner.
(c) Such boiler or vessel shall conform to any conditions or restrictions established by the commissioner to carry out the purposes of this section.
(d) No lap seam boiler permitted under this section may be operated at a pressure exceeding 100 psig.
V. Upon application and with the permission of the commissioner, any person may temporarily operate a boiler or pressure vessel that is normally located outside this state and which does not conform to the standards under RSA 157-A:3 if:
(a) Such vessel or boiler is permitted to be operated under the laws or regulations or both of the state where it is normally located; and
(b) Such state laws and regulations equal or exceed the criteria in this state as promulgated under paragraph IV.
(c) The commissioner shall determine the permitted period of temporary operation; but, in no case, shall such period exceed 7 days.
VI. There is established the classified position of chief boiler inspector in the department of labor.

Source. 1967, 236:1. 1975, 441:1. 1978, 28:1. 1983, 421:6. 1988, 31:9, 11; 124:1. 1995, 142:5. 2004, 120:1, eff. July 1, 2004.

Section 157-A:8

157-A:8 Inspection of Boilers and Pressure Vessels. –
I. An inspector shall have free access during reasonable hours to any premises in the state where a boiler or pressure vessel is being constructed, or is being installed, or is being operated, for the purpose of ascertaining whether such boiler is being constructed or is being installed or operated in accordance with the provisions of this chapter.
II. Each boiler and pressure vessel used or proposed to be used within this state, except boilers or pressure vessels exempt under RSA 157-A:6, shall be thoroughly inspected as to their construction, installation, and condition as follows:
(a) Power boilers and high pressure-high temperature boilers shall receive a certificate inspection annually and shall also be externally inspected annually while under pressure, if possible.
(b) Low pressure steam or vapor heating boilers, except those constructed of cast iron, shall receive a certificate inspection biennially with an internal inspection at least every 4 years where construction permits.
(c) Hot water heating boilers, hot water supply boilers, except those constructed of cast iron, hot water heaters and hot water storage tanks shall receive a certificate inspection biennially with an internal inspection at the discretion of the inspector.
(d) Heating boilers and hot water supply boilers constructed of cast iron shall receive a certificate inspection biennially.
(e) Pressure vessels subject to internal corrosion shall receive certificate inspection biennially.
(f) Pressure vessels not subject to internal corrosion shall receive a certificate inspection at intervals set by the commissioner, but internal inspection shall not be required of pressure vessels, the contents of which are known to be non-corrosive to the material of which the shell, heads, or fittings are constructed, either from the chemical composition of the contents or from evidence that the contents are adequately treated with a corrosion inhibitor, provided that such vessels are constructed in accordance with the rules of the commissioner.
(g) A grace period of 2 months beyond the period specified in subparagraphs (a), (b), (c), (d), (e), and (f) of this paragraph may elapse between certificate inspections. Prior to the expiration of the 2-month grace period, the owner or user of the boiler or pressure vessel shall receive a written warning from the department of labor for any required inspection which was not completed prior to the expiration of the inspection certificate.
(h) The commissioner may, at the commissioner's discretion, permit longer periods between certificate inspection.
(i) Under the provisions of this chapter, the commissioner is responsible to provide for the safety of life, limb, and property of the general public and therefore has jurisdiction over the interpretation and application of the inspection requirements as provided for in the rules the commissioner has adopted. Inspection during construction and installation shall certify as to the minimum requirements for safety as defined in the construction codes. Inspection requirements of operating equipment shall be in accordance with generally accepted practice and compatible with the actual service conditions, such as:
(1) Previous experience, based on records of performance and maintenance;
(2) Location, with respect to personnel hazard;
(3) Quality of operating personnel;
(4) Provision for related safe operation controls;
(5) Interrelation with other operations outside the scope of this chapter.
III. The inspections required under this section shall be made by a boiler and pressure vessels inspector provided for in this chapter.
IV. If, at the discretion of the inspector, a hydrostatic test or other test is deemed necessary, it shall be made by the owner of the boiler or pressure vessel.
V. All boilers, other than cast iron sectional boilers, and pressure vessels to be installed in this state shall be inspected during construction as required by the applicable rules of the commissioner by an inspector authorized to inspect boilers and pressure vessels in this state or, if constructed outside this state, by an inspector holding a commission or license as an inspector of boilers and pressure vessels for a state that has substantially standard requirements to be an inspector equal to those of this state.

Source. 1967, 236:1. 1988, 31:10. 1995, 142:6, eff. July 23, 1995.

Section 157-A:9

157-A:9 Repealed by 1975, 441:4, eff. Aug. 19, 1975. –

Section 157-A:9-a

157-A:9-a Inspection Reports and Certificates; Fee. –
I. Subsequent to the inspection of a boiler or pressure vessel, an inspector shall file with the commissioner an inspection report on a form prescribed by the commissioner indicating whether or not the inspected object is certifiable and shall communicate the results of such inspection to the owner or the owner's designee. When an object passes inspection, the commissioner shall furnish an inspection certificate to its owner or the owner's designee on a form prescribed by the commissioner. A fee of $50 shall be charged for each certificate. If the fee is not paid within 30 days of the date on which the certificate is issued, the certificate shall be void.
II. If the object fails the inspection, the inspector shall furnish the owner or the owner's designee an appropriate abstract of the statutory requirements and recommendations for repairs necessary to correct the deficiency.
III. Upon compliance with the recommendations of an inspector, either by repair or replacement, the owner of a boiler or vessel which has failed to pass inspection, or the owner's designee, shall notify the commissioner and inspector that the required repairs have been completed.
IV. The boiler or vessel shall, at the discretion of the inspector or the commissioner, then be reinspected in accordance with this section; and, upon finding compliance with the recommendations, an inspection certificate shall be furnished to the owner or the owner's designee.
V. Certificates shall be conspicuously displayed in the vicinity of the boiler or vessel.

Source. 1975, 441:2. 1983, 421:7. 1988, 31:11. 1989, 408:23. 2005, 177:98, eff. July 1, 2005.

Section 157-A:10

157-A:10 Requirement for Inspection Certificates; Penalty. – It shall be unlawful for any person, firm, partnership, or corporation to operate in this state a boiler or pressure vessel except such boilers and vessels as are exempted by provision of RSA 157-A:6, without a valid inspection certificate. The operator of a boiler or pressure vessel without such certificate, or at a pressure exceeding that specified in such certificate, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

Source. 1967, 236:1. 1973, 528:74. 1988, 31:11, eff. May 23, 1988.

Section 157-A:10-a

157-A:10-a Civil Penalties. –
I. In addition to any criminal penalty provided under RSA 157-A:10, the commissioner may, after hearing, impose a civil penalty not to exceed $500, as determined by the commissioner, for any violation of any of the provisions of this chapter or of any rule adopted pursuant to this chapter. Any person on whom a penalty is imposed under this section may appeal as provided in RSA 273:11-c and 273:11-d. All moneys collected under this section shall be deposited in the department of labor restricted fund established in RSA 273:1-b.
II. The commissioner shall conduct hearings in the manner required under rules adopted pursuant to RSA 541-A and 273:11-a, V.

Source. 1995, 142:7. 2011, 182:2, eff. Aug. 13, 2011; 224:53, eff. July 1, 2011.

Section 157-A:11

157-A:11 Repealed by 1995, 142:8, eff. July 23, 1995. –

Section 157-A:12

157-A:12 Appeals. – Any owner aggrieved by an order or act of an inspector under this chapter may, within 15 days, appeal from such order or act to the commissioner. Within 30 days thereafter, the commissioner shall issue an appropriate order either approving or disapproving said order or act. A copy of said order by the commissioner shall be given to all interested parties. Within 30 days after any order or act of the commissioner, any person aggrieved thereby may file a petition in the appropriate county superior court. The court shall summarily hear the petition and may make any appropriate order or decree.

Source. 1967, 236:1, eff. Jan. 1, 1968.

Section 157-A:13

157-A:13 Repeal. – RSA 157, relative to steam boilers, is hereby repealed. Any other act or parts of acts inconsistent with any provisions of this chapter are hereby repealed to the extent of such inconsistency.