Untitled Texas Attorney General Opinion

i OFFICE OF THE ATTORNEY GENERAL OF +AS AUSTIN \ fh -=- a-~- N5 Honorable Joe Kuneohlk, Commissioner Bureau of Labor Statistics Austin, Texas Dear sir: are within r&red vessels. enerators;.shall fe, aonsiderlng the aomeoted therewith a conneatlon, we desire pment only shall be roe thie requirement at an idea of the equipment on may be had, the following assel might be considered a6 a unit oontaining coils somewhat similar to those used in some 11.A water heater*. ~h8 riamca will be under these coil.8 afid will generate the steam. *Next to the above unit, and aonneoted therewith .by pipets, is an ;unrlred veseel which stores steam that haa been generated. Honorable Joe Kunsohlk, page 2 nMert to the unfired vcsssel is a vessel somewhat llk4 a hot water tank. "The Steam fr3m the generating vessel passes into the unfired vessel and the steam may pass from this unfired vessel by hos4 to an auto- mobile nearby which is to be cleaned by steam. The oteaifrfrom the g4nsrating vessel may also ,pass.into the unfired vessel and then into the separate water tank, thereby heatir& the water. This genersting unit is represented to be able to generate 1W pounds of steam pressure within five minutes from a cold. start; therefora, a st&m pressure of 100 pounder or mare may exist In the unfired vessel whloh 5.8within a root or the stetiimgen4rator and also wfthln a foot of the ~water tank. 43ur desire is to requlr4 that this entir4 aasembly c>r unit shall be equipped with adequat4 8arety appllanoes asd appurtenances and that the operation of this entire aos4mbly or unit shall be sately oarrled on. In other words, if th4 unflrsd vessel is not 0r eurrioient strength to withstand the maxImum pressurs that the ~4nnrator will oreata, w4 d4sire to require that it shall be of eufflolent atrength or else, be equipped with an adequate pop off valve, and ahy and all other 8awm, and neoeaeary Saf4ty appurt4nanoBs.v geotion 2 of Article 822la, prnon*a Annotated Civil gtatutea, provides in parts *NO steam boiler, unlssa otherwise' rpeclfloally exempted in this Aot, shall be operated within the State of Texas unless suah boiler has been regla- tered within the pureau of Labor Statistics and there shall have been issued a Csrtlficate Of operation for such boiler, as herslnafter pro- vided for, c . .4 Seotion 1 of grtiale 62214, Vernon's Annotated Civil statutea, defines a *bollerR 881 Honorable Joe Zunscrhik, page 3 "'Boiler' as used herein shall mean any vessel used for generating. steam for power or heati%, pus- poses." section 6 of the Act provides for the promulgation of rulesand regulations by the Commissioner bnd our attention has been dlraotad to oertaln such rules and regulations that k;;ez;en adopted requiring the us4 of eafety.equlpment on . The purpose of the Texas Boiler Inspeatlon Act is to promote safety In the use and opsratlon of steam gensrators. Nlohols Y. Park (C.C.A. 1938), lP9 8. W. (2d) 1066. Bearing In mind that the Act is bottomed upon an exercise of the Le.&V latlve polite paver to provlds a m4asur4 of safety in the us4 oi dangerous instruments, w4 believe It would be a Barrow oon- struotlon of the Act indeed to r4strlot its application to one vessel operating with others as a unit in ths generation and storage of steam ior power or heating purposes. To our mind the phrase Vess41 used for generating steam for power or heating purposesw~ls synonymous ulth the phrase V4ssel used in the prooess of generatfng and making available st4am ior power or heating purposes.w It is our opinion and you are rsspeottully advised that machines of the type desarlbed in your letter are vessals us4d ror generating steam and, as a unit, are dthln the.Texas Boiler Insprotlon Act, and subJect to th4 regulatory powers Or the Bureau or Lebor statlstlas. Very truly yours A~ORNBYCBt?BRALO~~A8 Assistant