South Carolina lifts 30-year opposition to ASME Boiler Code

Emily Smith
ASME NEWS

After nearly 30 years of resistance to adopting any parts of the ASME Boiler and Pressure Vessel Code, sections of the ASME code became law in South Carolina in May, making the Palmetto state the last one in the U.S. to accept one or more sections of the Boiler Code as regulatory law.

The South Carolina Boiler Safety Act became effective May 18 when Gov. Mark Sanford permitted S.581 to become law without his signature.

The change of heart in South Carolina was attributed to ASME member Bob Woodward, who waged a three-decade campaign to get legislators and the state's chemical industry to reconsider their opposition. Woodward is ASME's State Coordinator for BPVC. He is also involved in other organizations, such as the National Board of Boiler and Pressure Vessel Inspectors.

Legislation was first introduced in March. An amendment was made in April, followed by a second and third reading.

ASME's BPVC was first published in 1915. It has been adopted by 49 U.S. states, all provinces of Canada, and accepted by regulatory authorities in more than 80 countries.

The Boiler Safety Act is modeled after the recently enacted Alabama law. The South Carolina bill, however, does not regulate pressure vessels. S.581 provides for adoption of the ASME Boiler and Pressure Vessel Code and the National Board Inspection Code.

Additionally, it provides for National Board registration and a commissioned chief boiler administrator. Because there is no funding for state deputy inspectors, the program will rely on insurance company inspectors.

The legislation includes fines of up to $5,000 and a $100-a-day noncompliance charge.

The final version of the South Carolina general bill S.581 reads as follows: "An act to amend the code of laws of South Carolina, 1976, by adding chapter 14 to title 41 so as to enact the 'boiler safety act' to provide that the department of labor, licensing and regulation shall promulgate regulations for the safe installation and inspection of boilers in this state, including requiring national boiler registration and conformity with national installation standards and to require inspection of existing boilers; to exempt certain boilers from regulation under this chapter; to identify standards for working pressure of a boiler; to authorize the appointment of a chief boiler administrator for the purpose of enforcing the laws of this state regulating the use of boilers; to provide for the certification and regulation of special boiler inspectors; to provide boiler inspection timeframes, criteria, and reporting requirements; to provide civil penalties; and to amend section 40-11-410, relating to contractor license classifications and subclassifications, including boiler installation subclassification requirements, so as to authorize credentials from the national board of boiler and pressure vessel inspectors as sufficient for licensure under this subclassification."

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