BOARD OF BOILER RULES

Meeting of September 19, 2017

North Campus Building, 1st Floor Public Meeting Room

1106 Clayton Lane - Austin, Texas

Summary of Minutes

Presiding Officer, Rob Troutt called the meeting to order at 9:03 a.m.

Presiding Officer, Rob Troutt moved to agenda item B., Roll Call and Certification of Quorum. Board members present were Rob Troutt, Norman Anderson, George Crawford, Allan Cripe, W. Gerald Harris, Brian Mallynn, Bill Quisenberry, Dan Lancaster, Mark Thompson, Richard West, and Stuart Nester. A quorum was seated.

Presiding Officer, Rob Troutt moved to agenda item C., Training for Advisory Board Members (1) Open Meetings Act; (2) Public Information Act; (3) Administrative Procedures Act. Assistant General Counsel, Charles Johnson, presented the training requirements for board members.

Presiding Officer, Rob Troutt moved to agenda item D., Approval of Minutes – Meeting of February 22, 2017. Board member W. Gerald Harris, seconded by Stuart Nester, made a motion that the minutes be approved. The motion passed by a unanimous vote.

Presiding Officer, Rob Troutt moved to agenda item E., Public Comment. There was no public comment.

Presiding Officer, Rob Troutt moved to agenda item F., Staff Reports: Nick Voinis, Chief of Staff, provided the Executive Office staff report. Keith Sanford, Boiler Inspector provided the Compliance Division staff report. Jerry Gonzalez, Program Specialist, provided the Education and Examination Division report. John Medlock, Enforcement Prosecutor, provided the Enforcement Division staff report. Tarsha Redd, Program Supervisor, provided the Licensing Division staff report.

Presiding Officer, Rob Troutt moved to agenda item G., Discussion and possible recommendation regarding proposed amendments to 16 Texas Administrative Code, Chapter 65, Subchapter A, §65.1 and §65.2; Subchapter C, §§65.12 - 65.15; Subchapter D §65.25 and §65.30; Subchapter G, §65.45; Subchapter J, §65.72; Subchapter N, §65.217; Subchapter O, §65.300; Subchapter R, §§65.601, 65.603, 65.606-65.609; proposed repeal of current Subchapter I, §65.63; and proposed new Subchapter I, §65.63 and §65.64 to implement House Bill 3257, 85th Legislature. The amendments also make technical corrections and provide additional clarity. Assistant General Counsel Charles Johnson presented the proposed rules and changes from the legislative session. The board engaged in discussions on the proposed rules. Board member, Stuart Nester, seconded by Bill Quisenberry, made a motion to recommend the rules, as presented, be submitted to the Texas Register for publication for public comment. Motion passed unanimously.

Presiding Officer, Rob Troutt moved to agenda item H, Discussion and possible recommendations from Task Groups: (1) Repair Stamp Task Group (a) Task Group report and recommendation on Boiler Technical Gram 2016-04. Karen Berryman, Program Specialist provided a report on the May 25, 2017 Task Group meeting including attendance, items discussed and actions taken – specifically that the Boiler Technical Grams be put on the list server notification system for anyone signed up to get notices. Board member, Allen Cripe reminded the board members to sign-up for list server be added to the annual registration forms sent to boiler owners. Staff will look into the best avenue to promote the list server notices.

Presiding Officer, Rob Troutt moved to agenda item H, Discussion and possible recommendations from Task Groups: (2) Task group reports on CSD-1 (a) Task Group report and recommendation on adoption of CSD-1. Luis Ponce, Boiler Inspector provided a report on the Task Group meeting which had previously voted to support CSD-1. However, based on new information to the contrary would now opt to place this recommendation on hold pending further information.

Presiding Officer, Rob Troutt moved to agenda item I., Discussion of a grace period prior to enforcement action for overdue boiler inspections. Board member, Brian Mallynn requested that a 7 to 14-day grace period be allowed for the inspection of boilers that cannot be taken out of operation on their inspection anniversary. Currently, the date after a boiler is not inspected a fine is assessed and a grace period would allow a few days before the fine attaches. Staff recommended this item be sent to a Task Group for further review. Late Fee Task Group members are: Brian Mallynn, John Medlock, Luis Ponce, Andrew Srubar, and Karen Berryman.

Presiding Officer, Rob Troutt moved to agenda item J., Recommendations for agenda items for next meeting. Report from the Late Fee Task Group and discussion on the proposed rules and public comments.

Presiding Officer, Rob Troutt moved to agenda item K., Discussion of date, time, and location of next meeting. The Board set the next meeting for November 14, 2017 at 9:00 a.m.

Presiding Officer, Rob Troutt moved to agenda item L., Adjournment. Board member W. Gerald Harris, seconded by Stuart Nester, made a motion to adjourn the meeting. The motion passed by unanimous vote. The meeting adjourned at 10:25 a.m.

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Rob Troutt, Presiding Officer

Board of Boiler Rules

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