For the purposes of this chapter, the following definitions apply:

(1) "Boiler classification" means for the purpose of determining the appropriate class of boiler operating engineer's license required:

(a) a determination of the conditions under which the boiler is actually being operated, with respect to:

(i) the operating pressure;

(ii) the operating temperature; and

(iii) the BTUs per hour or horsepower per hour produced; but

(b) is not based upon the maximum allowable working pressure (MAWP) rating limit(s) established on the boiler's manufacturer's data plate.

(i) The department may require the boiler owner to provide appropriate verification from the power supplier, which establishes the BTU per hour or horsepower per hour rate at which the boiler is being fired, as applicable.

(2) "Department" means the Department of Labor and Industry.

(3) "Hot water supply boiler" means a boiler, completely filled with water, intended for operation at pressures not exceeding 160 psig and/or temperatures exceeding 250 degrees F., measured at or near the boiler outlet, that furnishes hot water to be used external to itself.

(4) "Monitoring" the operation of a boiler means appropriate periodic maintenance and observation of the functioning of a hot water heating boiler or hot water supply boiler, which contains all failsafe features necessary to operate fully unattended. Failsafe features include control circuitry that stops the flow of fuel and/or control feed water to the boiler.

(5) "Operating" a power boiler or steam engine means the manual operating and monitoring of an automatically fired power boiler or steam engine, which requires the operator to be present while the boiler is fired.

(6) "Power boiler" means a boiler in which steam or other vapor is generated at a pressure of more than 15 pounds per square inch gauge pressure (psig).

(7) The department incorporates by reference the definitions related to boiler operators in building code rules at ARM 24.301.711, which include the following terms:

(a) boiler;

(b) high temperature water boiler;

(c) hot water heating boiler;

(d) standard boiler;

(e) state special boiler;

(f) steam heating boiler;

(g) temporary boiler;

(h) traction engine;

(i) water heater; and

(j) water heating system.

(1) Initial application, including examination for all classes of licensure                                                                                                             $70

(2) Annual renewal of license (all classes)                                                           35

(3) Additional standardized fees are specified in ARM 24.101.403.

(4) An applicant who fails the examination shall pay 50 percent of the licensure fee in order to retake the examination.

(5) All fees are nonrefundable.

(1) Any person or entity wishing to conduct a training course approved by the department as acceptable for fulfilling educational requirements for boiler operator engineer licensure established in 50-74-304, MCA, shall apply for approval on forms provided by the department.

(2) Minimum training course hours are as follows:

(a) For all low-pressure and third-class boiler operating engineer training courses, a minimum of 30 hours, including classroom instruction and field or shop time is required.

(b) For limited low-pressure boiler operating engineer training courses, a minimum of 6 hours, including classroom instruction and field or shop time, is required.

(3) Training course providers shall receive department approval prior to offering courses. Applications for approval of a training course must include the following:

(a) a description of the training course identifying the specific class of license for which the course is designed;

(b) a list of books, publications, and source material to be utilized in the training course;

(c) a course outline, which includes a breakdown of the hours to be used to cover each area of training, including total classroom instruction hours and field or shop time hours;

(d) a copy of the certificate of completion to be awarded to the persons successfully completing the course;

(e) the name of each licensed operator who will act as an instructor for the course; and

(f) other documentation acceptable to the department, which outlines the instructor qualifications to teach the course.

(i) Instructors who are not currently licensed by the state of Montana as a boiler operating engineer must have a class of license at least equal to the level of training class being offered and are required to successfully pass the applicable written examination prior to teaching the training course.

(4) The department will review and evaluate each training course application on a case-by-case basis, and will approve only those courses fulfilling the requirements established in this chapter. Once approved by the department, course curriculum cannot be modified until proposed changes are approved by the department.

(a) Approval for a training course remains valid until such time as the department gives the training course provider 30 days notice of the department's justification and intent to withdraw its approval of the course.

(b) Training course providers may petition the department for reconsideration during the 30-day period. The department will notify the provider of its final determination subsequent to the termination of the 30-day period.

(c) The department staff may, at no charge, observe courses for the purpose of auditing the course content, but will not be issued a course completion certificate.

(5) Instructors or entities approved to conduct a training course shall provide a certificate of completion to those persons successfully completing the course, which includes the specific name of the approved course, the number of hours of total training, the name of the person receiving the training, the location (city) of the training, and the date of completion.

(1) Licensed boiler operating engineers shall allow a department inspector free access to the boiler and, when requested, shall assist the inspector with the inspection.

(2) A power boiler in active service (which is the period of time when the main stop valves are open and the boiler is firing) must not be left unattended for a period longer than it takes for the water level to drop below the normal operating level when:

(a) the feed water is shut off; and

(b) the boiler is forced to its maximum capacity.

(3) The operator shall personally check the operation of a power boiler, the necessary auxiliaries, and the water level in the boiler at such intervals as are necessary to ensure safe operation of the boiler. In no case when the power boiler is being manually operated may this interval exceed 120 minutes, or the requirements of the boiler manufacturer as set forth in ASME CSD 1, whichever period is shorter.

(4) The operator of any boiler, other than a power boiler, whenever the boiler is being manually operated, shall personally check the operation of such boiler in intervals established by the requirements of the boiler manufacturer as set forth in ASME CSD 1.

(5) All applicable boiler operating certificates and boiler operating engineer's licenses must be conspicuously displayed in the boiler room. In lieu of posting in the boiler room, appropriate signage may be provided, establishing the location where the documents may be examined.

(6) Licensees shall notify the department of any change in the status of their responsibility to operate and/or monitor the boiler(s). Notification must be in writing and received by the department within ten days of the change of status.

(7) When an incident occurs which renders a boiler inoperative, the licensee shall notify the department as soon as it is practical.

(a) operating a boiler;

(b) operating a steam engine; or

(c) monitoring the operation of an automatically fired boiler.

(2) If the boiler or steam engine being operated or monitored is exempt from the provisions of Title 50, chapter 74, MCA, the person is not required to obtain a boiler operating engineer's license.

(1) Any person required to obtain a boiler operating engineer's license shall make application to the department on form(s) and in a manner prescribed by the department.

(2) Applications for licensure must include:

(a) a completed application;

(b) applicant's birth date and declaration that the applicant is 18 years of age or older;

(c) a nonrefundable application fee; and

(d) documentation acceptable to the department establishing that the applicant has the requisite experience and qualifications to take the examination.

(3) Applicants for a limited low-pressure, low-pressure, or third-class boiler operating engineer's license may provide documentation in lieu of the requisite experience and qualification requirements which provides:

(a) proof the applicant has successfully completed department-approved training course(s) specific to the class of boiler license sought; and

(b) verification acceptable to the department from a boiler operating engineer with a license at least equal to the class of license sought by the applicant, that the applicant has worked with the type of boiler for which the license is sought under the engineer's supervision for a minimum of:

(i)  40 hours for a low-pressure or third-class boiler operating engineer's license; or

(ii)  8 hours for a limited low-pressure boiler operating engineer's license.(4) The department will review applications for licensure on a case-by-case basis and approve only those applicants meeting the requirements established by 50-74-304 or 50-74-307, MCA, as applicable. The department may accept credentials and documentation it believes to be substantially equal to the training and experience requirements established above.

(1) The department may accept third-party testing locations and accept examination results from third-party agencies if authorized by the department.

(2) Special examinations may be held in the event the examination date and place regularly set by the department conflicts with the religious beliefs of the applicant or for other appropriate reasons, and in that event, the applicant may petition the department by letter requesting such special examination. If the department allows such a special examination, it shall set the time and place, in its discretion.

(3) Applicants will be required to successfully complete the examination with a minimum passing score of 70 percent.

(4) Failing candidates will be required to pay a retake fee and will have to wait a minimum of 45 days from their last failure to retake the examination.

This rule has been repealed.