# Title 33.1 — Department of Environmental Quality

## Article 33.1-14 — North Dakota Boiler Rules

## Chapter 33.1-14-03 — General Requirements

### § 33.1-14-03-01. Inspection of boilers.

The owner or user shall prepare a boiler subject to regular inspections for such inspections or
hydrostatic tests when notified by the inspector. The owner or user shall prepare each boiler for internal
inspection and shall prepare for and apply the hydrostatic test whenever necessary, on the date
specified by the inspector, which may not be less than seven days after the date of notification.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-07
Law Implemented: NDCC 23.1-16-07
### § 33.1-14-03-01.1. Boiler inspection fees.

The following will be charged for boiler inspections:
1. High pressure boilers.
a. Internal inspections. Fee
- 50 square feet [4.65 square meters] or less of heating surface $90.00
- Over 50 square feet [4.65 square meters] and not over 500 $110.00
square feet [46.45 square meters]

- Over 500 square feet [46.45 square meters] and not over 4,000 $130.00
square feet [371.61 square meters]
- Over 4,000 square feet [371.61 square meters] of heating $160.00
surface
b. External inspections.
- 50 square feet [4.65 square meters] of heating surface or less; $70.00
100 KW or less
- Over 50 square feet [4.65 square meters] of heating surface; $90.00
over 100 KW
c. Portable oilfield boilers. Internal and external inspections of portable oilfield
boilers must be charged inspection fees of seventy-five dollars per hour,
including travel time, plus expenses for meals, mileage, and lodging at current
state rates.
2. Low pressure boilers.
a. Internal inspections.
- Without manway $85.00
- With manway $95.00
b. External inspections.
- Hot water heat and low-pressure steam $60.00
- Hot water supply $45.00
3. Steam traction engines.
- Internal $70.00
- External $65.00
- Hydrostatic test $80.00
- Ultrasonic survey, per hour $85.00
4. Certificate fee, per certificate as required by North Dakota Century Code section
23.1-16-10
History: Effective July 1, 2020; amended effective January 1, 2022.
General Authority: NDCC 23.1-16-09
Law Implemented: NDCC 23.1-16-09
### § 33.1-14-03-02. Preparation for internal inspection.

The owner or user shall prepare a boiler for internal inspection in the following manner:
1. Water must be drawn off and the boiler thoroughly washed.
2. All manholes and handhole plates, washout plugs, and plugs in water column connections
must be removed, the furnace and combustion chambers thoroughly cooled and cleaned, at
the discretion of the inspector.
3. All grates of internally fired boilers must be removed, at the discretion of the inspector.

4. At each annual inspection, brickwork must be removed as required by the inspector in order to
determine the condition of the boiler, headers, furnace, supports, or other parts.
5. The steam gauge must be removed for testing, at the discretion of the inspector.
6. Any leakage of steam or hot water into the boiler must be cut off by disconnecting the pipe or
valve at the most convenient point.
7. Any low-water fuel cutoff float chamber must be opened and cleaned.
8. Safety concerns such as asbestos and confined space entry must be addressed by the owner
to provide for the safety of the inspector. Applicable state or federal regulations must be used
to decide if safety measures must be taken.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-07
Law Implemented: NDCC 23.1-16-07
### § 33.1-14-03-03. Boiler improperly prepared for inspection.

If a boiler has not been properly prepared for an internal inspection or the owner or user fails to
comply with the requirements for hydrostatic test as set forth in this article, the inspector may decline to
make the inspection or test and withhold the certificate of inspection until the owner or user complies
with the requirements.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-07
Law Implemented: NDCC 23.1-16-07
### § 33.1-14-03-04. Removal of covering to permit inspection.

If the boiler is jacketed so that the longitudinal seams of shells, drums, or domes cannot be seen,
enough of the jacketing, setting wall, or other form of casing or housing must be removed, at the
discretion of the inspector, so that the size of the rivets, pitch of the rivets, and other data necessary to
determine the safety of the boiler may be obtained, provided such information cannot be determined by
other means.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-07
Law Implemented: NDCC 23.1-16-07
### § 33.1-14-03-05. Lap seam crack.

The shell or drum of a boiler in which a lap seam crack is discovered along a longitudinal riveted
joint must be immediately discontinued from use. If the boiler is not more than fifteen years of age, a
complete new course of the original thickness may be installed at the discretion of the chief inspector.
Patching is prohibited. "Lap seam crack" means the typical crack frequently found in lap seams,
extending parallel to the longitudinal joint and located either between or adjacent to rivet holes.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-07
Law Implemented: NDCC 23.1-16-07
### § 33.1-14-03-06. Hydrostatic pressure tests.

A hydrostatic pressure test, when applied to boilers of riveted or welded construction, except
locomotive boilers, may not exceed one and one-half times the maximum allowable working pressure.
Hydrostatic pressure applied to locomotive boilers may not exceed one and one-quarter times the

maximum allowable working pressure. During the hydrostatic pressure test, the safety valve or valves
must be removed, or each valve disk must be held down by means of a testing clamp and not by
applying the additional load to the spring with the compression screw. The minimum temperature of the
water used to apply a hydrostatic test must not be less than sixty degrees Fahrenheit [15.6 degrees
Celsius], nor shall it exceed one hundred twenty degrees Fahrenheit [49.3 degrees Celsius]. (Note: For
all cases involving the question of tightness, the pressure may be equal to the release pressure of the
safety valve or valves having the lowest release setting.)
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-07
Law Implemented: NDCC 23.1-16-07
### § 33.1-14-03-07. Automatic low-water fuel cutoff or water-feeding device.

1. Each automatically fired steam or vapor system boiler must be equipped with an automatic
low-water cutoff located to automatically cut off the fuel supply when the surface of the water
falls to the lowest safe waterline. For other than electric and miniature boilers, each
automatically fired steam or vapor system boiler must be equipped with at least two low-water
fuel cutoffs, one of which must be readily testable. One low-water fuel cutoff must be set to
function ahead of the other. Functioning of the lower of the controls shall cause safety
shutdown and lockout. The manual reset may be incorporated into the lower cutoff control.
Where a reset device is separate from the low-water fuel cutoff, a means shall be provided to
indicate actuation of the low-water fuel cutoff. The manual reset device may be of the
instantaneous type or may include a time delay of not more than three minutes after the fuel
has been cut off. A system may incorporate a time delay component with the low-water fuel
cutoff device to prevent short cycling. A time delay must not exceed the manufacturer's
recommended timing, or ninety seconds, whichever is less. A high-pressure boiler regularly
attended by a full-time operator is not considered as automatically fired, and is not required to
be equipped with low-water fuel cutoffs. For other than electric boilers, the primary low-water
fuel cutoff for low pressure steam boilers must be a float type that can be readily tested.
2. If a water-feeding device is installed, it must be constructed so that the water inlet valve
cannot feed water into the boiler through the float chamber and located to supply requisite
feedwater. The lowest safe waterline should not be lower than the lowest visible part of the
water glass.
3. Such fuel or feedwater control device may be attached directly to a boiler or to the tapped
openings provided for attaching a water glass directly to a boiler, provided that for low
pressure boilers such connections from the boiler are nonferrous tees or Ys not less than
one-half-inch [12.7 millimeter] pipe size between the boiler and the water glass, so that the
water glass is attached directly and as close as possible to the boiler; the straight tapping of
the Y or tee to take the water glass fittings, and the side outlet of the Y or tee to take the fuel
cutoff or water-feeding device. The ends of all nipples must be reamed to full-size diameter.
4. Designs embodying a float and float bowl must have a vertical straight drainpipe at the lowest
point in the water equalizing pipe connections by which the bowl and the equalizing pipe can
be flushed and the device tested. This drainpipe and connections must be not less than
national pipe standard (NPS) three-quarters inch [19.05 millimeter].
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-07
Law Implemented: NDCC 23.1-16-07

### § 33.1-14-03-08. Safety appliances.

1. A person may not remove, tamper with, or render inoperative any safety appliances
prescribed by these rules except for the purpose of making repairs. The resetting of safety
appliances may not exceed the accepted working pressure of the unit.
2. Repairs or adjustments made to safety or safety relief valves must be done by the
manufacturer of the valve or an approved testing facility equipped to do such repairs or
adjustments. The resetting of safety valves or safety relief valves may not exceed the
accepted working pressure for the unit.
3. An approved testing facility must be one of the following:
a. A facility holding a valid certificate of authorization and "VR" symbol stamp issued by the
national board of boiler and pressure vessel inspectors.
b. An owner or user program for doing adjustments to set pressure or blowdown, or both, to
boiler pressure relief valves owned by them, provided the adjusted settings or capacities,
or both, and the date of the adjustments are recorded on a metal tag secured to the seal
wire. All external adjustments must be sealed showing the identification of the
organization making the adjustments. The chief boiler inspector shall review the training,
qualifications, and procedures used to implement this program.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-07
Law Implemented: NDCC 23.1-16-07
### § 33.1-14-03-09. Blowoff tanks.

1. Blowoff piping from a boiler may not discharge directly into a sewer. A blowoff tank,
constructed to the provisions of section VIII of the American Society of Mechanical Engineers
Code, must be used where conditions do not provide an adequate and safe open discharge.
2. Blowoff tanks hereinafter installed, if of metal, must be designed for a minimum working
pressure of fifty pounds per square inch [344.74 kilopascals].
3. The outlet from the blowoff tank must be twice the area of the inlet pipe and made to extend
internally within eight inches [203.2 millimeters] from the bottom of the tank.
4. Vent pipe at least four times the area of the inlet pipe must lead to the outer atmosphere.
5. Vents must be as direct as possible to the outer air and discharge at a safe location. There
may be no valve or other possible obstructions such as water pockets between the tank and
the discharge end of the vent pipe.
6. All pipe connections between the tank and the boiler must be as direct as possible and must
conform to the American Society of Mechanical Engineers Code.
7. For convenience in cleaning the tank, a manhole or an access opening must be provided.
8. If a blowoff tank is not vented as specified above, it must be constructed for a pressure equal
to that allowed on the boiler to which it is attached or must be equipped with a safety valve or
valves of sufficient capacity to prevent the pressure from exceeding the safe working pressure
of the tank.
9. Boiler blowoff systems constructed in accordance with the national board rules and
recommendations for the design and construction of boiler blowoff systems must be
considered as complying with this section.

History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-07
Law Implemented: NDCC 23.1-16-07
### § 33.1-14-03-10. Blowoff piping.

1. The construction of the setting must be done in such a manner that it does not restrict the
movement of the blowoff piping.
2. All blowoff piping, when exposed to furnace heat, must be protected by firebrick or other
heat-resisting material so constructed that the piping may be readily inspected.
3. Each boiler must have a blowoff pipe, fitted with a valve cock, in direct connection with the
lowest water space. Cocks must be of the gland or guard type and suitable for the pressure
allowed. The use of globe-type valves is not permitted unless complying with the American
Society of Mechanical Engineers Code. When the maximum allowable working pressure
exceeds one hundred pounds per square inch gauge [689.48 kilopascals] each blowoff pipe
must be provided with two valves or a valve and a cock, such valves and cocks to be of the
extra heavy type.
4. When the maximum allowable working pressure exceeds one hundred pounds per square
inch gauge [689.48 kilopascals], blowoff piping must be extra heavy from the boiler to the
valve or valves and must be run full size without use of reducers or bushings. The piping must
be at least extra heavy duty wrought iron or steel and may not be galvanized.
5. All fittings between the boiler and blowoff valve must be steel or extra heavy fittings of
malleable iron. In case of renewal of blowoff pipe or fittings, they must be installed in
accordance with the rules and regulations for new installations.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-07
Law Implemented: NDCC 23.1-16-07
### § 33.1-14-03-11. Location of blowoffs and vents.

The discharge of safety valves, blowoff pipes, and other outlets must be located so as to prevent
injury to personnel. For high pressure boilers, vents from blowoff tanks, condensate tanks, and the
discharge piping from safety valves must be as short and straight as possible and so arranged as to
avoid undue stresses on the safety valve or valves. Safety valve discharge piping must be so designed
and constructed as to prevent excessive back pressure, while not affecting safety valve capacity and
performance.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-07
Law Implemented: NDCC 23.1-16-07
### § 33.1-14-03-12. Underground installations.

Where necessary to install a blowoff tank underground, it must be enclosed in a concrete or brick
pit with a removable cover so that inspection of the entire shell and heads of the tank can be made.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-07
Law Implemented: NDCC 23.1-16-07

### § 33.1-14-03-13. Supports.

Each boiler must be supported by masonry or structural supports of sufficient strength and rigidity
to safely support the boiler and its contents. There must be a minimum of vibration in the boiler and its
connecting piping.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-07
Law Implemented: NDCC 23.1-16-07
### § 33.1-14-03-14. Pressure reducing valves.

1. Where pressure reducing valves are used, one or more relief or safety valves must be
provided on the low-pressure side of the reducing valve in case the piping or equipment on
the low-pressure side does not meet the requirements for the full initial pressure. The relief of
safety valves must be located adjoining or as close as possible to the reducing valve. Proper
protection must be provided to prevent injury or damage caused by the escaping steam from
the discharge. Capacity of the relief valves must be such that the pressure rating of the lower
pressure piping or equipment shall not be exceeded in case the reducing valve sticks open.
2. The use of hand-controlled bypasses around reducing valves is permissible. The bypass if
used around a reducing valve may not be greater in capacity than the reducing valve unless
the piping or equipment is adequately protected by relief valves or meets the requirements of
the high-pressure system.
3. A pressure gauge must be installed on the low-pressure side of a reducing valve.
4. All low-pressure headers and their outlets must be protected by a safety valve or valves
whose combined capacity is equivalent to the total amount of steam that can pass from the
high-pressure system to the lower pressure system.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-07
Law Implemented: NDCC 23.1-16-07
### § 33.1-14-03-15. Ladders and runways.

To ensure safe access to batteries of boilers, a steel platform or runway at least eighteen inches
[457.2 millimeters] in width must be provided, complete with standard railing and toe boards on either
side, across the tops of adjacent boilers. Wherever arrangement and location permit, all runways must
provide for two means of egress remotely located with respect to the other and connected to a
permanent stairway or fixed ladder leading to the floor level. The inspector shall notify the chief
inspector of the owners or users who shall provide for these requirements and the chief inspector shall
give written notice to the owner or user that the installation be made.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-07
Law Implemented: NDCC 23.1-16-07
### § 33.1-14-03-16. Boiler logs.

A log must be kept as to all repairs made, unusual incidents, accidents, water tests, amounts,
types, and dates of water treatment. Logs for hobby boilers also must include operating hours,
operators, fusible plug installation dates, safety valve tests, and apprentice operator training data.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-07

Law Implemented: NDCC 23.1-16-07
### § 33.1-14-03-17. Major repairs and alterations.

If a major repair or alteration is necessary, an inspector must be called for consultation and advice
as to the best method of making such repair or alteration. After such repair or alteration is made, it is
subject to the approval of the inspector.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-05
Law Implemented: NDCC 23.1-16-05
### § 33.1-14-03-18. Same material to be used.

1. No repair to any boiler or steam pipe nor any of the connections thereto may be approved
which is made in whole or in part of unsuitable material or is unsafe from any cause. Nothing
herein may be construed to prevent the use of any boiler constructed of riveted iron or steel
plates when the inspector has satisfactory evidence that such boiler or steam generator is
equal in strength to and as safe from explosion as boilers constructed of the best quality of
materials.
2. Quality of the material used in boiler construction and repair demands critical attention
because in performing its function a steam boiler is continually subjected to disruptive
stresses. These are due to high internal pressures and to changes in temperature. Disastrous
consequences will inevitably follow if the material fails under these stresses.
3. The quality of the material used in the different parts of a boiler should be selected with
special reference to the stresses and disruptive influences which each part encounters in
service.
4. Galvanized pipe may not be used on any boiler or boiler system subject to this article, as this
may cause deterioration of the boiler.
5. Sweated or soldered copper joints may not be used in steam piping and connections.
6. Repair material having a lesser tensile strength than that used in the original construction may
not be used.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-05
Law Implemented: NDCC 23.1-16-05
### § 33.1-14-03-19. Repairs to boilers.

1. Rejection of repair. Any riveted or welded repair made to a boiler in North Dakota which does
not meet this article's requirements will be cause for rejection of the repair by an inspector.
2. Rejection of welds. Any weld found to contain heavy slag inclusions or to be porous or found
to be cracked is reason for rejection of the weld and either part or all the weld must be
removed by grinding or chipping and the weld must be replaced.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-05
Law Implemented: NDCC 23.1-16-05

### § 33.1-14-03-20. Removal of safety appliances.

1. A person may not attempt to remove or do any work upon a safety appliance, prescribed by
these rules, while a boiler is in operation. If any of these safety appliances are repaired during
an outage of a boiler, they must be reinstalled and in proper working order before the object is
again placed in service. This provision does not apply to the removal and replacement of a
gauge glass.
2. A person may not in any manner load the safety valve or valves to maintain a working
pressure in excess of that stated on the certificate of inspection.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-05
Law Implemented: NDCC 23.1-16-05
### § 33.1-14-03-21. Repairs and renewals of boiler fittings and appliances.

Whenever repairs are made to fittings or appliances or it becomes necessary to replace them, the
work must comply with all requirements for new installations.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-05
Law Implemented: NDCC 23.1-16-05
### § 33.1-14-03-22. Return pump.

Each condensate return pump where practicable must be provided with an automatic water level
control set to maintain the water level within the limits of two gauge cocks.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-07
Law Implemented: NDCC 23.1-16-07
### § 33.1-14-03-23. Shop inspection - Manufacturing - Repairs - Alterations.

Any boiler or pressure vessel being constructed, repaired, or altered in North Dakota must be
inspected by an inspector holding a North Dakota reciprocal commission and a national board
commission. The boiler inspection program may function as an authorized inspection agency. The
boiler inspection program may cooperate with the national board and American society of mechanical
engineers in making shop reviews and audits.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-08
Law Implemented: NDCC 23.1-16-08
### § 33.1-14-03-24. Director to arrange for examinations.

The director shall cause examinations to be conducted at such times as is necessary for the
qualification of inspectors.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-03
Law Implemented: NDCC 23.1-16-03
### § 33.1-14-03-25. Conditions not covered by this article.

1. In any conditions not covered by this article, the American Society of Mechanical Engineers
Code for new installations applies.

2. If any section, subsection, sentence, clause, phrase, provision, or exemption of this article is
declared unconstitutional or invalid for any reason, such invalidity does not affect the
remaining portion of this article.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-05
Law Implemented: NDCC 23.1-16-05
### § 33.1-14-03-26. Inspection of boilers.

1. Each boiler used or proposed to be used within this state, except boilers exempt in North
Dakota Century Code section 23.1-16-06, must be thoroughly inspected as to their
construction, installation, condition, and operation as follows:
a. Power boilers must be inspected annually both internally while not under pressure and
externally while under pressure. However, any power boiler or steam generator, the
operation of which is an integral part of or a necessary adjunct to other continuous
processing operations, must be inspected internally at such intervals as are permitted by
the shutting down of the processing operation. The chief boiler inspector may provide for
extension of time between internal inspections, but an external inspection must be made,
and report submitted, for purposes of issuing a certificate. In all other instances the
certificate inspection must be an internal inspection when construction permits.
b. Power boilers of one hundred thousand pounds [45359.24 kilograms] per hour or more
capacity, which comply with subsection 2 of North Dakota Century Code section
23.1-16-07, must be inspected at least once every thirty-six months internally while not
under pressure and at least once every twelve months externally while under pressure.
c. Steam traction engines must be inspected at least once every twelve months.
Inspections must alternate between internal inspections, external inspections, and
hydrostatic tests.
d. Low-pressure steam boilers must be inspected annually. Low-pressure steam boilers of
steel construction must be inspected alternately internally and externally. The issuance of
a certificate must normally be based on the internal inspection.
e. Hot water heating and hot water supply boilers must be inspected triennially unless they
are located in a nursing home, school, hospital, nursery school, or kindergarten, in which
case they must be inspected annually. Internal inspections will be required when deemed
necessary by the inspector.
f. A grace period of two months beyond the period specified in the above subdivisions may
elapse between inspections.
2. Certificate inspections must be made during the period of thirty days prior to and thirty days
after the expiration date of the certificate. Noncertificate inspections, when required by the
provisions of this section, must be made between certificate inspections. The chief boiler
inspector encourages reports to be made at any time adverse conditions are found, or when
difficulty is encountered getting cooperation from the owner or user.
3. The inspections required under this section must be made by the chief boiler inspector, or by a
deputy inspector, or by a special inspector provided for in this article.
4. If at any time a hydrostatic test is deemed necessary by the inspector, it must be made by the
owner or user in the presence of, and under the supervision of the inspector, and must be
approved by the inspector.

5. Cast iron boilers must be considered as boilers that do not lend themselves to internal
inspections. Internal inspections of electric boilers must be made when deemed necessary by
the inspector.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-07
Law Implemented: NDCC 23.1-16-07
### § 33.1-14-03-27. Steam traction engines.

All steam traction engines must conform to at least one of the following: chapter 33.1-14-04,
33.1-14-05, 33.1-14-06, or 33.1-14-07.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-07
Law Implemented: NDCC 23.1-16-07
### § 33.1-14-03-28. Safety valves.

1. Boiler safety valves and safety relief valves must be placed on, or as close as physically
possible, to the boiler proper.
2. Safety valves or safety relief valves may not be placed on the feedline except when installed
to provide control for feedwater pressure or to protect a feed pump against overpressure.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-07
Law Implemented: NDCC 23.1-16-07
