Virginia 2022 Regular Session Status: Passed Senate

SB 461 — Boiler operators; definitions, certification, continuing education, penalty.

Last action — Tabled in General Laws (13-Y 9-N)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Department of Professional and Occupational Regulation; contractors; voluntary certification of boiler operators; penalty. Establishes a regulatory program, to be administered by the Department of Professional and Occupational Regulation's Board for Contractors, for the voluntary certification of any person who has primary responsibility for operating, repairing, maintaining, or adjusting boilers rated between 30 and 499 horsepower, regardless of use.

Bill Text

What changed in the latest version

63 added · 131 removed

Plain-language change summary

The revised version of SB 461 introduces a new article focused specifically on the certification of boiler operators in Virginia. Notably, the amendment makes the certification program voluntary instead of mandatory, meaning that individuals can choose whether or not to become certified without impacting their ability to operate boilers. This change is significant as it aims to provide flexibility for boiler operators while maintaining local acceptance of certification for those who decide to pursue it.

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SESSION INTRODUCED 22103973D I SENATE BILL NO.
SESSION SENATE SUBSTITUTE 22104654D SENATE BILL NO.
461 Offered January 12, 2022 N Prefiled January 12, 2022 T A Bconsisting of sections numbered 54.1-1149 through 54.1-1154, relating to Department of ProfeRsional and Occupational Regulation;
461 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on General Laws and Technology on January 19, 2022) (Patron Prior to Substitute––Senator Bell) A BILL to amend the Code of Virginia by adding in Chapter 11 of Title 54.1 an article numbered 7, and Occupational Regulation;
boiler and pressure vessel operator license.
boiler and pressure vessel operator license;
–––––––––– O Patron––Bell D –––––––––– Referred to Committee on General Laws and Technology U –––––––––– C Be it enacted by the General Assembly of Virginia:
penalty.onal Be it enacted by the General Assembly of Virginia:
numbered 7, consisting of sections numbered 54.1-1149 through 54.1-1154, as follows:icle E Article 7.
1.
D Onsite Superintendent Boiler Operators.
That the Code of Virginia is amended by adding in Chapter 11 of Title 54.1 an article numbered 7, consisting of sections numbered 54.1-1149 through 54.1-1154, as follows:
Article 7.
As used in this article, unless the context requires a different meaning:
Certification of Boiler Operators.
"Accredited" means accredited by an accrediting body recognized by the U.S.
S As used in this article, unless the context requires a different meaning:
Department of Education.
"Boiler" means a closed vessel in which water is heated, steam is generated, or steam is E superheated, or any combination thereof, under pressure or vacuum for use externally to itself by the direct application of heat.
"Boiler" means a closed vessel in which water is heated, steam is generated, steam is superheated, application of heat.
B "Boiler operator" means an individual who would normally be the senior operational and 6 maintenance person at the site of the boiler who would be expected to react to changing operational and maintenance situations.
adjusting boilers rated between 30 and 499 horsepower, regardless of use.airing, maintaining, oA § 54.1-1150.
"Heating plant" means a heating system containing a low-pressure steam or hot water boiler used to generate energy for use in heating buildings, potable water, or processing.
Necessity for certification.
"High-pressure boiler" means a steam boiler where the safety valves are set to relieve at a pressure of "Horsepower rating of a boiler" means the largest rating determined in accordance with each of the following:
T A.
(i) by dividing the square feet of boiler heating surface by 10;
No individual shall present himself as a certified boiler operator unless he has been certified under the provisions of this article.
(ii) the manufacturer's rated output in horsepower;
E B.
or (iii) where the manufacturer's rated output is expressed in terms other than horsepower, such rating converted into horsepower by the use of one of the factors as defined in this 35 article.
The certification program set forth in this article shall be voluntary and shall not be construed to prevent or affect the practice of boiler operators not certified by the Board, so long as any requirements are met.
36 "Hot water heating boiler" means any hot water boiler operated at pressures not exceeding 160 37 pounds per square inch or temperatures not exceeding 250 degrees Fahrenheit.
All local governing bodies shall accept certification by the Board of boiler operators as proof of experience and training without requiring additional examination.
38 "Low-pressure boiler" means a steam boiler in which the safety valves are set to relieve at a pre"Multifamily dwelling unit" means the same as that term is defined in § 55.1-1200.
S C.
"Pressure vessel" means any vessel (i) the pressure of which is obtained from an external source or by an internal or external application of heat and (ii) that is an auxiliary to a boiler plant.
Individuals certified as boiler operators, pursuant to this article, shall not be requireU to hold any other professional or occupational license or certification;
"One boiler horsepower" means (i) the evaporation of 34.5 pounds of water per hour from and at 212 degrees Fahrenheit;
however, nothing in this article sBall prohibit an individual from holding more than one professional or occupational license or certification.
(ii) 33,475 British thermal units (BTUs) per hour;
(iii) 140 square feet of steam radiation;
(iv) 224 square feet of water radiation at 150 degrees Fahrenheit;
or (v) 10 kilowatts per hour electrical input to boiler.
"Steam plant" means a system containing a high-pressure boiler to generate energy for use in hea§ 54.1-1150.
Licensure;
civil penalty.operations.
Any boiler operator responsible for maintaining safe boiler, unfired pressure vessel, and water heater operations in a multifamily dwelling unit shall be licensed as a boiler operator by the Board pursuant to the provisions of this article.
Any individual desiring to be certified as a boiler operator shall file a written application on a form prescribed by the Board.
Onsite superintendents licensed in the maintenance of safe boiler, unfired pressure vessel, and water heater operations shall not be required to hold any other professional or occupational license or certification;
The application shall be accompanied by a fee set by the Board pursuant :
however, nothing in this subsection shall prohibit an individual from holding more than one professional or occupational license or certification.
36 to § 54.1-201.
B.
The application shall contain, at a minimum, the applicant's name, place of employment, 37 business address, and information regarding the applicant's knowledge, skills, abilities, and education or 38 training.
Any individual desiring to be licensed as a boiler operator shall file a written application on a to § 54.1-201.
T 39 B.
The application shall contain, at a minimum, the applicant's name, place of employment, SB461 2 of 3 and business address and information on the knowledge, skills, abilities, and education or training of the applicant.
The Board shall issue a certification to any applicant who has submitted satisfactory eviUence that and (ii) passed an examination offered or approved by the Board.
C.
requirements as required by the Board C.
A violation by an owner or employer of any of the provisions of this article may be assessed a civil penalty of up to $1,000.
An applicant who holds a valid certificate or license from any state or local government outside the Commonwealth may be certified without examination upon presentation of documentation that E verifies completion of educational and experience requirements deemed by the Board to be substantially equivalent.
§ 54.1-1151.
from the last day of the month in which it was issued.uant to this article shall be valid for three years § 54.1-1152.
Issuance of License;
Renewal of certification;
examination.
continuing education.
Boiler operators licensed under this article shall be duly licensed in the proper class.
As a condition of renewal or reinstatement of certification, a certified boiler operator shall complete three hours of continuing education relating to boiler operation from a provider approved by the Board.
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The Board shall issue a license to practice as a boiler operator in the appropriate class in the Commonwealth to any onsite superintendent who has submitted satisfactory evidence that he has successfully:
S B.
The Board may establish additional requirements for continuing education as a prerequisit4 to any individual who is found to be in violation of the statutes or regulations governing the practice of boiler operators certified pursuant to this article.
1 § 54.1-1153.
Prohibited acts;
penalty.
No individual shall represent himself as a certified boiler operator unless he has been certified by the Board.
Any individual engaging or offering to engage in boiler operator activities within the meaning of this article who, through verbal claim, sign, advertisement, or letterhead, represents himself SB461S1 2 of 2 as a certified boiler operator without holding such a certificate from the Board shall be guilty of a Class 1 misdemeanor.
§ 54.1-1154.
Exemptions.
The provisions of this article shall not apply to operators of:
Completed the educational requirements as required by the Board, which shall at a minimum include such requirements as the Board determines will establish minimum competency on the part of the applicant;
Boilers and pressure vessels on boats or vessels operated under the regulations of the U.S.
Coast Guard's Office of Commercial Vessel Compliance;
Completed the experience requirements as required by the Board;
Steam-driven vehicles used solely for traction or show purposes;
and 3.
3.
Passed an examination offered or approved by the Board.
Hot water heating boilers not exceeding 100 boiler horsepower;
B.
4.
The Board shall provide for the examination of applicants for boiler operator licensure no less than 12 times per year.
Low-pressure steam boilers containing gravity or trap returns;
Such examination shall include questions, diagrams, and practical tests of sufficient scope to demonstrate that the applicant has the necessary qualifications, experience, and knowledge of the basic principles involved in operation, care, and maintenance to operate safely the boiler and auxiliary pressure vessels of the class for which an application for licensure has been made.
or 5.
Specific competencies tested by the examination shall include (i) principles of boiler design, (ii) general operation practices, (iii) effects of water treatment, (iv) inspection requirements, and (v) emergency shutdown procedures.
Nuclear plant facilities under the control of the U.S.
C.
Nuclear Regulatory Commission.
The Board may permit an applicant to sit for a written examination at a lower class than that for which the applicant has applied if it is determined that an applicant lacks either the experience or knowledge required for the class for which the applicant applied.
D.
Applicants shall be notified in writing by the Board of the results of their application within 30 days following the date of the examination.
Applicants who fail to pass the required examination may not apply for reexamination until 90 days after the date of the last examination.
E.
An applicant who holds a valid certificate or license from any state or local government outside the Commonwealth may be licensed without examination upon the presentation of the following to the Board:
(i) a valid certificate or license from that authority and (ii) the certification or licensure requirements of that authority, provided that the authority's requirements for certification or licensure are equal to or greater than those established under this article.
§ 54.1-1152.
Class 1 and 2 boiler operator licenses;
requirements.
A.
A Class 1 boiler operator shall cover the operation and maintenance of any steam plant.
The training and experience requirements for a Class 1 boiler operator are two years' experience as an operator of a high-pressure boiler beyond that experience that is required for a Class 2 operator;
however, substitution of a degree in mechanical engineering from an accredited college, university, or school of technology, or successful completion of a Board-approved boiler operator apprenticeship program or a U.S.
military training course, may be permitted for one year of the required experience.
B.
A Class 2 Boiler Operator shall cover the operation and maintenance of (i) a high-pressure steam plant where the total horsepower rating of the boiler is not in excess of 500 boiler horsepower, or a combination of high-pressure boilers and heating boilers and auxiliary pressure vessels;
(ii) a heating plant having low-pressure boilers with a pump return with no limitation on total capacity;
or (iii) a heating plant having hot water heating boilers, with no limitation on total capacity.
The training and experience requirements for a Class 2 boiler operator shall be (a) at least two years' experience as a boiler operator or an assistant boiler operator, fireman, or oiler, in a high-pressure steam plant of more than 75 boiler horsepower or (b) four years of such experience in a plant of not less than 50 boiler horsepower.
Substitution of a degree in mechanical engineering from an accredited college, university, or school of technology, or successful completion of any Board-approved boiler operator apprenticeship program or a U.S.
military training course, may be permitted for one year of the required experience.
§ 54.1-1153.
Revocation or lapse of licensure.
The Board shall have the power to suspend, revoke, or deny renewal of a boiler operator license of any individual who is found to be in violation of the statutes or regulations governing the practice of boiler operators.
The Board may suspend, revoke, or deny renewal of a boiler operator license of any individual who has:
1.
Made misrepresentations in obtaining or renewing a license;
or 2.
Shown negligence or incompetence in the practice of the profession.
§ 54.1-1154.
Renewal of licensure;
continuing education.
A.
Licenses issued under this article shall expire three years from the last day of the month in which they were issued as indicated on the license.
As a condition of renewal or reinstatement of licensure, a superintendent shall be required to satisfactorily complete three hours of continuing education relating to boiler operation from a provider approved by the Board.
of 3 prerequisite to renewal of any license issued under this article.
In addition,Ithe Board may require governing the practice of licensed tradesmen or certificate holders issued under this article.ulations T R O D U C E D S 1
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Action History

  1. Tabled in General Laws (13-Y 9-N)

  2. Referred to Committee on General Laws

  3. Read first time

  4. Placed on Calendar

  5. Passed Senate (40-Y 0-N)

  6. Constitutional reading dispensed (40-Y 0-N)

  7. Engrossed by Senate - committee substitute SB461S1

  8. Committee substitute agreed to 22104654D-S1

  9. Reading of substitute waived

  10. Read second time

  11. Constitutional reading dispensed (38-Y 0-N)

  12. Reported from Finance and Appropriations (16-Y 0-N)

  13. Impact statement from DPB (SB461S1)

  14. Rereferred to Finance and Appropriations

  15. Committee substitute printed 22104654D-S1

  16. Reported from General Laws and Technology with substitute (15-Y 0-N)

  17. Senate committee, floor amendments and substitutes offered

  18. Referred to Committee on General Laws and Technology

  19. Prefiled and ordered printed; offered 01/12/22 22103973D

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on · 9 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Tabled in General Laws (13-Y 9-N)

Passed 13 Yea · 9 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13900
Total 13900
% of votes cast 59%41%0%0%
How each member voted (22)
Member Party Vote
Adams, Dawn M. — Nay
Betsy B. Carr — Nay
Bulova, David L. — Nay
Campbell, Jeffrey L. — Yea
Chris S. Runion — Yea
Coyner, Carrie E. — Yea
Danica A. Roem — Nay
Emily M. Jordan — Yea
Fowler, Hyland F."Buddy," Jr. — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jenkins, Clinton L. — Yea
Knight, Barry D. — Yea
Luke E. Torian — Nay
Marcia S. "Cia" Price — Nay
Murphy, Kathleen — Nay
Paul E. Krizek — Nay
Robinson, Roxann L. — Yea
Schuyler T. VanValkenburg — Nay
Thomas C. Wright, Jr. — Yea
Wampler, William C., III — Yea
Wendell S. Walker — Yea

Official roll call →

Passed Senate (40-Y 0-N)

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Constitutional reading dispensed (40-Y 0-N)

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Constitutional reading dispensed (38-Y 0-N)

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 38002
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Not Voting
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Not Voting
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Reported from Finance and Appropriations (16-Y 0-N)

Passed 16 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Total 16000
% of votes cast 100%0%0%0%
How each member voted (16)
Member Party Vote
McClellan, Jennifer L. — Yea
Barker, George L. — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Howell, Janet D. — Yea
L. Louise Lucas — Yea
Mamie E. Locke — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Ruff, Frank M., Jr. — Yea
Saslaw, Richard L. — Yea
Vogel, Jill Holtzman — Yea

Official roll call →

Reported from General Laws and Technology with substitute (15-Y 0-N)

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
Barker, George L. — Yea
Bell, John J. — Yea
Bryce E. Reeves — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Hashmi, Ghazala F. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Yea
Mamie E. Locke — Yea
Mason, T. Montgomery "Monty" — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea

Official roll call →

Subjects

labor education
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Frequently asked questions

What does SB 461 do?
Department of Professional and Occupational Regulation; contractors; voluntary certification of boiler operators; penalty. Establishes a regulatory program, to be administered by the Department of Professional and Occupational Regulation's Board for Contractors, for the voluntary certification of any person who has primary responsibility for operating, repairing, maintaining, or adjusting boilers rated between 30 and 499 horsepower, regardless of use.
Who sponsors SB 461?
SB 461 is sponsored by Bell, John J..
What is the current status of SB 461?
This bill died with 2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 461?
Track SB 461 free on One Click Politics — get push/email alerts when it moves.

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