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2018 Georgia Code 25-15-16 | Car Wreck Lawyer

TITLE 25 FIRE PROTECTION AND SAFETY

Section 15. Other Safety Inspections and Regulations, 25-15-1 through 25-15-110.

ARTICLE 2 REGULATION OF BOILERS AND PRESSURE VESSELS

25-15-16. Exceptions.

  1. This article shall not apply to the following boilers and pressure vessels:
    1. Boilers and pressure vessels under federal control or under regulations of 49 C.F.R. 192 and 193;
    2. Pressure vessels used for transportation and storage of compressed or liquefied gases when constructed in compliance with specifications of the United States Department of Transportation and when charged with gas or liquid, marked, maintained, and periodically requalified for use, as required by appropriate regulations of the United States Department of Transportation;
    3. Pressure vessels located on vehicles operating under the rules of other state or federal authorities and used for carrying passengers or freight;
    4. Air tanks installed on the right of way of railroads and used directly in the operation of trains;
    5. Pressure vessels that do not exceed:
      1. Five cubic feet in volume and 250 psig pressure; or
      2. One and one-half cubic feet in volume and 600 psig pressure; or
      3. An inside diameter of six inches with no limitation on pressure;
    6. Pressure vessels having an internal or external working pressure not exceeding 15 psig with no limit on size;
    7. Pressure vessels with a nominal water-containing capacity of 120 gallons or less for containing water under pressure, including those containing air, the compression of which serves only as a cushion;
    8. Pressure vessels containing water heated by steam or any other indirect means when none of the following limitations are exceeded:
      1. A heat input of 200,000 BTU per hour;
      2. A water temperature of 210 degrees Fahrenheit; and
      3. A nominal water-containing capacity of 120 gallons;
    9. Hot water supply boilers which are directly fired with oil, gas, or electricity when none of the following limitations are exceeded:
      1. Heat input of 200,000 BTU per hour;
      2. Water temperature of 210 degrees Fahrenheit; and
      3. Nominal water-containing capacity of 120 gallons.

        These exempt hot water supply boilers shall be equipped with ASME-National Board approved safety relief valves;

    10. Pressure vessels in the care, custody, and control of research facilities and used solely for research purposes which require one or more details of noncode construction or which involve destruction or reduced life expectancy of those vessels;
    11. Pressure vessels or other structures or components that are not considered to be within the scope of ASME Code, Section VIII;
    12. Boilers and pressure vessels operated and maintained for the production and generation of electricity; provided, however, that any person, firm, partnership, or corporation operating such a boiler or pressure vessel has insurance or is self-insured and such boiler or pressure vessel is regularly inspected in accordance with the minimum requirements for safety as defined in the ASME Code by an inspector who has been issued a certificate of competency by the Commissioner in accordance with the provisions of Code Section 25-15-19;
    13. Boilers and pressure vessels operated and maintained as a part of a manufacturing process; provided, however, that any person, firm, partnership, or corporation operating such a boiler or pressure vessel has insurance or is self-insured and such boiler or pressure vessel is regularly inspected in accordance with the minimum requirements for safety as defined in the ASME Code by an inspector who has been issued a certificate of competency by the Commissioner in accordance with the provisions of Code Section 25-15-19;
    14. Boilers and pressure vessels operated and maintained by a public utility; and
    15. Autoclaves used only for the sterilization of reusable medical or dental implements in the place of business of any professional licensed by the laws of this state.
  2. The following boilers and pressure vessels shall be exempt from the requirements of subsections (b), (c), and (d) of Code Section 25-15-23 and Code Sections 25-15-24 and 25-15-26:
    1. Boilers or pressure vessels located on farms and used solely for agricultural or horticultural purposes;
    2. Heating boilers or pressure vessels which are located in private residences or in apartment houses of less than six family units;
    3. Any pressure vessel used as an external part of an electrical circuit breaker or transformer;
    4. Pressure vessels on remote oil or gas-producing lease locations that have fewer than ten buildings intended for human occupancy per 0.25 square mile and where the closest building is at least 220 yards from any vessel;
    5. Pressure vessels used for storage of liquid propane gas under the jurisdiction of the state fire marshal, except for pressure vessels used for storage of liquefied petroleum gas, 2,000 gallons or above, which have been modified or altered; and
    6. Air storage tanks not exceeding 16 cubic feet (120 gallons) in size and under 250 psig pressure.

(Code 1981, §34-11-7, enacted by Ga. L. 1984, p. 1227, § 1; Ga. L. 1985, p. 213, § 4; Ga. L. 1986, p. 10, § 34; Ga. L. 1987, p. 1349, § 2; Ga. L. 1988, p. 13, § 34; Ga. L. 1988, p. 314, § 1; Ga. L. 1989, p. 14, § 34; Ga. L. 1989, p. 465, § 1; Ga. L. 1990, p. 816, § 1; Ga. L. 1993, p. 434, § 1; Ga. L. 1995, p. 914, § 1; Code 1981, §25-15-16, as redesignated by Ga. L. 2012, p. 1144, § 2/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-11-7 as present Code Section 25-15-16; substituted "article" for "chapter" in the introductory language of subsection (a); substituted "49 C.F.R. 192 and 193" for "Title 49 of the Code of Federal Regulations, Parts 192 and 193" in paragraph (a)(1); substituted "25-15-19" for "34-11-10" in paragraphs (a)(12) and (a)(13); and substituted "Code Section 25-15-23 and Code Sections 25-15-24 and 25-15-26" for "Code Section 34-11-14 and Code Sections 34-11-15 and 34-11-16" in the introductory language of subsection (b).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1986, a hyphen was inserted in "water-containing" in subparagraph (a)(8)(C) and a hyphen was inserted in "gas-producing" in paragraph (b)(4).

Pursuant to Code Section 28-9-5, in 1988, "liquefied" was substituted for "liquified" in paragraph (a)(2).

OPINIONS OF THE ATTORNEY GENERAL

Statutory reference in former O.C.G.A.

§ 34-11-7(a)(13) (redesignated as O.C.G.A. § 25-15-16(a)(13)) prior to 1989 amendment was typographical error. - See 1988 Op. Att'y Gen. No. 88-24.

Combination potable water heater - space heating units were covered by the Boiler and Pressure Vessel Safety Act, former O.C.G.A. § 34-11-1 et seq. (redesignated as O.C.G.A. § 25-15-10 et seq.) except to the extent those units are clearly exempted under former O.C.G.A. § 34-11-7 (redesignated as O.C.G.A. § 25-15-16). 1989 Op. Att'y Gen. 89-24.

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