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