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File #: Ord.5-11    Version: A Name: Repeal and recreate Article 22, Sec. XXX. Stationary Engineer.
Type: Ordinance Status: Passed
File created: 7/5/2011 In control: Public Safety and Licensing Committee
On agenda: Final action: 8/1/2011
Title: To amend Article 22, repeal and recreate Secs. 22-1146, 22-1147, 22-1148, 22-1161, 22-1162, 22-1163, 22-1164, 22-1165, 22-1166, 22-1167 and 22-1168, of the Municipal Code of the city of Racine, Wisconsin relating to Stationary Engineers. The Common Council of the City of Racine do ordain as follows: Part 1: Secs. 22-1146, 22-1147, 22-1148, 22-1161, 22-1162, 22-1163, 22-1164, 22-1165, 22-1166, 22-1167 and 22-1168 of the Municipal Code of the City of Racine are hereby repealed and recreated to read as follows: Resolved, that the repeal and recreation of Ch. 22, Sec. XXX. Stationary Engineer be approved. Ordinance No. XX-11 To amend Article 22, repeal and recreate Sec. XXX of the Municipal Code of the city of Racine, Wisconsin relating to Stationary Engineers. The Common Council of the City of Racine do ordain as follows: Part 1: Sec. XXX of the Municipal Code of the City of Racine is hereby repealed and recreated to read as follows: “Sec. 22-1131. Definitions. The following w...
Sponsors: Aron Wisneski
Related files: 11-6652
Sponsor
Alderman Wisneski
 
Title
To amend Article 22, repeal and recreate Secs. 22-1146, 22-1147, 22-1148, 22-1161, 22-1162, 22-1163, 22-1164, 22-1165, 22-1166, 22-1167 and 22-1168, of the Municipal Code of the city of Racine, Wisconsin relating to Stationary Engineers.
 
The Common Council of the City of Racine do ordain as follows:
 
Part 1:
 
Secs. 22-1146, 22-1147, 22-1148, 22-1161, 22-1162, 22-1163, 22-1164, 22-1165, 22-1166, 22-1167 and 22-1168 of the Municipal Code of the City of Racine are hereby repealed and recreated to read as follows:
 
Resolved, that the repeal and recreation of Ch. 22, Sec. XXX. Stationary Engineer be approved.
 
Ordinance No. XX-11
 
To amend Article 22, repeal and recreate Sec. XXX of the Municipal Code of the city of Racine, Wisconsin relating to Stationary Engineers.
 
The Common Council of the City of Racine do ordain as follows:
 
Part 1:
 
Sec. XXX of the Municipal Code of the City of Racine is hereby repealed and recreated to read as follows:
 
"Sec. 22-1131.  Definitions.
 
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
 
ASME  means the American Society of Mechanical Engineers' Boiler and Unfired Pressure Vessel Code.  
 
ASOPE  means the American Society of Power Engineers.  
 
Automatically controlled boiler means a boiler equipped with the following safety devices:  
 
(1)   In the case of a low pressure boiler other than a hot water boiler:
a.   An automatic low water fuel cutoff installed in compliance with COMM 41.30 or ASME section HG-605.
 
b.   A pressure combustion regulator installed in compliance with ASME section HG-604.
 
c.   Electrical wiring, circuitry and controls, installed in compliance with ASME sections HG-631, HG-632 and HG-633 and including a manually operated remote heating plant shutdown
switch or circuit breaker installed outside the boiler room.
 
d.   Controls and heat generating apparatus installed in compliance with ASME section HG-640.
 
e.   Pressure gauges installed in compliance with ASME section HG-601.
 
f.   Water level indicators and water level controls installed in compliance with ASME section HG-603.
 
(2)   In the case of a hot water boiler:
 
a.   An automatic low water fuel cutoff installed in compliance with COMM 41.30 or in compliance with ASME section HG-614.
 
b.   A temperature combustion regulator installed in compliance with ASME section HG-613.
 
c.   Electrical wiring, circuitry and controls installed in compliance with ASME sections HG-631, HG-632 and HG-633, including a manually operated remote heating shutdown switch or circuit breaker installed outside the boiler room.
 
d.   Controls and heat generating apparatus installed in compliance with ASME section HG-640.
 
e.   Pressure or altitude gauges installed in compliance with ASME section HG-611.
 
f.   Thermometers installed in compliance with ASME section HG-612.
 
(3)   In the case of a high pressure boiler:
 
a.   An automatic low water fuel cutoff installed in compliance with COMM 41.30 or in compliance with ASME section C6.301(b).
 
b.   A pressure combustion regulator installed in compliance with ASME section C6.301(a).
 
c.   Electrical wiring, circuitry and controls for the operation of the boiler or boilers installed in compliance with the state and city electrical codes.
 
d.   An automatic fuel-trip device installed in compliance with ASME section C6.201(13), C6.201(14) or C6.201(15).
 
e.   Pressure gauges installed in compliance with ASME section PG-60(f).
 
f.   Water level indicators installed in compliance with ASME section PG-60(a).
 
Boiler  means any device intended for use in heating water or other fluids, under pressure in order to generate steam or other vapors.  
 
Boiler horsepower  means a unit equivalent to a maximum fuel input of 40,000 Btu's per hour, or a maximum electrical input of ten kilowatts per hour.  
 
COMM  means the Wisconsin Administrative Code Rules of the Department of Commerce.  
 
High pressure boiler  means a boiler on which the safety valves are set at a pressure of more than 15 psig and that exceeds the dimensions of a miniature boiler.  
 
Hot water heating boiler  or  hydronic boiler  means a boiler in which no steam is generated from which hot water is circulated for heating purposes and then returned to the boiler and which operates at a pressure not exceeding 160 psig or a temperature of 250 degrees Fahrenheit at or near the boiler outlet.  
 
Low pressure boiler  means a boiler on which the safety valves are set at pressures not exceeding 15 psig.  
 
Miniature boiler  means a power boiler or high temperature water boiler which does not exceed any of the following limits:  
 
(1)   Sixteen inches inside diameter of shell;
 
(2)   Twenty square feet of heating surface, except for electric boilers;
 
(3)   Five cubic feet gross volume exclusive of casing and insulation;
 
(4)   One hundred psig maximum allowable working pressure.
 
(Ord. No. 31-92, pt. 1, § 22.18.010, 10-20-92; Ord. No. 33-03, pt. 1, 1-20-04; Ord. No. 28-09, pt. 1, 2-2-10)
Cross references:  Definitions generally, § 1-2.  
 
Sec. 22-1132.  Penalty for violation of article.
Upon conviction, any person found to be in violation of this article shall forfeit an amount as provided in section 1-15.
 
(Ord. No. 31-92, pt. 1, § 22.18.130, 10-20-92; Ord. No. 33-03, pt. 1, 1-20-04)
 
Sec. 22-1133.  Smoke indicating devices required.
 
The stationary engineer shall ensure that the owner or operator of every power and heating plant, except those under ten horsepower which are not required to have a licensed operator, shall provide means whereby the stationary engineer may be able to know, without leaving the boiler or furnace room, whether or not prohibited smoke is issuing from the stack, so that possible necessary correction may be made at the time. Such means of observation shall be by either:
 
(1)   A window or other opening through which an unobstructed view of the top of the stack may be had from the boiler or furnace room;
 
(2)   A mirror so placed as to reflect the top of the stack and be visible from the boiler or furnace room; or
 
(3)   A smoke indicator, alarm or recorder, approved by the examining board of stationary engineers; if such boiler exceeds 50 horsepower but is less than 300 horsepower, such means of observation shall be either a smoke indicator or alarm if such boiler exceeds 300 horsepower, a recorder shall be used. For the purpose of this section, 12 square feet of boiler heating surface shall be equivalent to one horsepower.
 
(Code 1973, § 11.21.010; Ord. No. 33-03, pt. 1, 1-20-04)
 
Secs. 22-1134--22-1145.  Reserved.
 
DIVISION 2  RESERVED
 
__________
*Cross references:  Administration, ch. 2.  
__________
 
Sec. 22-1146.  RESERVED
(Ord. No. 31-92, pt. 1, § 22.18.030, 10-20-92; Ord. No. 33-03, pt. 1, 1-20-04; Ord. No. 28-05, pt. 1, 12-21-05; Ord. No. 28-09, pt. 2, 2-2-10)
 
Sec. 22-1147 RESERVED
(Ord. No. 31-92, pt. 1, § 22.18.040, 10-20-92; Ord. No. 33-03, pt. 1, 1-20-04)
 
Sec. 22-1148.   RESERVED
 
(Ord. No. 31-92, pt. 1, § 22.18.120, 10-20-92; Ord. No. 33-03, pt. 1, 1-20-04)
 
Secs. 22-1149--22-1160.  Reserved.
 
DIVISION 3.   STATIONARY Engineers PERMIT TO OPERATE
 
Sec. 22-1161.  Required.
 
No person shall operate, control, manage or commit to be operated any stationary boiler, engine or any portion of a steam plant or appliances connected therewith when working under pressure except those boilers exempt under COMM 41.18, and except as follows:
 
(1)   An engineer or an assistant engineer with an appropriate valid Stationary Engineers permit to operate under this article who is in full-time attendance in the boiler room may operate a manually controlled boiler.
 
(2)   An engineer or an assistant engineer holding an appropriate valid Stationary Engineers permit to operate under this article may operate an automatically controlled boiler provided that such person is periodically in attendance in the boiler room on at least a daily basis, except that for high pressure plants an engineer or assistant engineer shall be in constant attendance if any persons, other than boiler personnel, are present in the building in which the boiler is located.
 
(Ord. No. 31-92, pt. 1, § 22.18.020, 10-20-92; Ord. No. 33-03, pt. 1, 1-20-04)
 
Sec. 22-1162.  Application.
A verified application for a permit to perform work as an engineer in the city shall be made on forms furnished by the city clerk
 
The applicant shall list education and work experience relating to the operation of boiler plants. Applications for stationary engineers permit to operate should contain the name of the engineer in charge of the plant where the applicant worked, whenever possible or include two signed professional work references verifying experience as a stationary engineer.
 
(Ord. No. 31-92, pt. 1, § 22.18.050, 10-20-92; Ord. No. 33-03, pt. 1, 1-20-04)
 
Sec. 22-1163.  Qualifications; fees; temporary license.
 
 
(a)       Application for a permit to operate under this chapter may be made by any person holding an  
American Society of Power Engineers (ASOPE) license. The city clerk shall determine applicants particular classification of permit based on the corresponding ASOPE classifications. The city's permit classifications shall correspond to the ASOPE classifications with the exceptions in paragraphs (b), (c) and (d) of this section
 
(b)       No permit under this article shall be granted to an applicant unless such person has held the   
next inferior license and has been actively employed in duties thereunder for a period of one year. The permit shall be prominently displayed in a conspicuous place in the boiler room or power plant at the engineers place of employment.
 
(c)   An applicant for a second class facility operations engineer's permit shall present evidence of successful completion of a stationary engineer's course at an accredited technical school or training program and shall present evidence of successful completion of the ASOPE second class facility operations engineer's exam.
 
(d)   A third class facility operations engineers permit may be applied for by any person who meets all qualifications under subsection (b) of this section, if the first ten-week phase of the accredited course has been successfully completed and the ASOPE examination has been passed.
 
(Ord. No. 31-92, pt. 1, § 22.18.060, 10-20-92; Ord. No. 33-03, pt. 1, 1-20-04; Ord. No. 28-09, pt. 3, 2-2-10)
 
Sec. 22-1164.  Classes of Stationary Engineer Permits to Operate
 
Six Stationary Engineer Permits to Operate classes are  specified in this section. A permit shall authorize the holder to take charge of, operate and manage the equipment indicated, except that a holder of any class of permit may operate equipment one class in excess of such permit if such engineer is an assistant to an engineer holding the next superior permit
 
(1)   Chief power plant engineers permit:  Low pressure steam or hydronic plant of any size; a high pressure plant of any size and a steam motive power plant of any size.  
 
(2)   First class power plant engineers permit  Low pressure steam or hydronic plant of any size; a high pressure plant not exceeding 1,500 BHP; and steam motive power plant not exceeding 7,500 HP.  
 
(3)   Second class power plant engineers permit:  A low pressure steam or hydronic plant of any size; a high pressure plant not exceeding 500 BHP; a steam motive power plant not exceeding 2,500 HP.  
 
(4)   Third class power plant operations engineers permit:  A low pressure steam or hydronic plant of any size; a high pressure plant not exceeding 300 HP; a steam motive power plant not exceeding 1,000 HP.  
 
(5)   Second class facility operations engineer permit:  A low pressure steam plant or a hydronic plant of any size; a high pressure steam plant not exceeding 110 BHP or a steam motive power plant not exceeding 500 BHP.  
 
(6)   Third class facility operations engineer permit:  A low pressure steam or hydronic plant not exceeding 150 BHP; a high pressure steam plant not exceeding 25 BHP.  
 
The city's permit classifications shall correspond to the following NIULPE or ASOPE classifications:
 
TABLE INSET:
 
Racine Stationary Engineers Permit            ASOPE License
 
Third Class Facility Operations            Facility Operating Engineer Third Class
Engineers Permit
 
Second Class Facility Operations            Facility Operating Engineer Second Class
Engineers Permit
 
Third Class Power Plant Operations            Power Plant Operating Engineer Third Class
Engineers Permit                        or
                                    Facility Operating Engineer First Class
Second Class Power Engineers
Permit                                    Power Plant Operating Engineer Second Class
 
First Class Power Plant Engineers            Power Plant Operating Engineer First Class
Permit
                              
Chief Power Engineers Permit            Power Plant Operating Engineer Chief or Master      
                                    Chief Operating Engineer
 
 
(Ord. No. 31-92, pt. 1, § 22.18.090, 10-20-92; Ord. No. 33-03, pt. 1, 1-20-04; Ord. No. 8-10, pt. 1, 5-18-10)
 
Sec. 22-1165.  Granting of license; renewal.
 
An applicant shall be granted a Stationary Engineer Permit   by the city clerk if the applicant possess a valid non-expired ASOPE  license of the appropriate classification for the permit class being applied for, has submitted a fully completed application,  verifies their identification using a picture identification and pays a fee of $30.00. A permit is valid for one year from date of issue.
The Stationary Engineer's Permit shall be annually renewed without further examination upon payment to the city clerk of a fee of $25.00 and showing the person possess a valid non-expired ASOPE license of the appropriate classification for the permit class being renewed. .
The permit shall be prominently displayed in a conspicuous place in the boiler room or power plant an engineers  place of employment.
 
 
(Ord. No. 31-92, pt. 1, § 22.18.070, 10-20-92; Ord. No. 33-03, pt. 1, 1-20-04)
 
Sec. 22-1166.  Reserved
 
 
(Ord. No. 31-92, pt. 1, § 22.18.080, 10-20-92; Ord. No. 33-03, pt. 1, 1-20-04)
 
Sec. 22-1167.  Temporary absence of a permitted engineer.
 
In all cases of temporary absence(s), an engineer with a lower class permit may take charge of a plant requiring a higher permit classification not greater than one class under this article, provided that such engineer may not act in such capacity for a period of more than 30 days
 
(Ord. No. 31-92, pt. 1, § 22.18.100, 10-20-92; Ord. No. 33-03, pt. 1, 1-20-04)
 
Sec. 22-1168.  Revocation.
 
In order to provide for the public health, safety and welfare, the city clerk may have an investigation conducted to revoke or suspend any permit issued under this article if the engineer fails to implement proper maintenance and operating procedures in accordance with COMM 41 and 42; or for an unnecessary absence from the licensee's post of duty; or for any violation of the substantive provisions of this article, or for any other neglect or incapacity which impairs the licensee's abilities to perform the duties required by COMM 41 and 42 and this article. Within five days after such revocation, the engineer may petition the city clerk for a hearing on the matter, The city clerk may appoint a hearing panel of no more than 3 persons who hold an ASOPE Chief Power Plant  Engineer or higher license.  Which hearing shall be held within 30 days following such petition. At the hearing, testimony shall be given under oath and the city clerk's witnesses and the engineers witnesses shall testify under oath subject to cross-examination. The panel shall make findings and conclusions in writing and provide them to the city clerk for action within five business days following such hearing. The city clerk shall notify the engineer of said findings within 5 business days of receipt of the finding and conclusions.
 
 
(Ord. No. 31-92, pt. 1, § 22.18.110, 10-20-92; Ord. No. 33-03, pt. 1, 1-20-04)
 
Secs. 22-1169--22-1190.  Reserved."
 
Part 2:  This ordinance shall take effect upon passage and the day after publication.
 
Passed by the Common Council:
 
_____________________________
 
Approved:  
 
_____________________________
Mayor
 
Attest:
 
_____________________________
City Clerk
 
Fiscal Note:  N/A