(a) The Boiler Safety Program is established and shall have the powers, duties and functions set forth in this chapter. The Program shall be responsible for the administrative, ministerial, budgetary, clerical and investigative functions as provided by law.

(b) The primary objective of the Boiler Safety Program is to protect the general public, especially those persons who are owners or users of objects certified by the Program, from unsafe construction, operation, maintenance and repair of boilers, pressure vessels and nuclear installations. The secondary objectives of the Program are to maintain minimum standards of inspector competency and to maintain certain standards in the delivery of services to the public. In meeting these objectives, the Program shall develop standards assuring professional competence, shall monitor complaints brought against inspectors, and shall develop rules and regulations.

(c) The mandates of this chapter shall not apply to the following:

(1) Any boiler or pressure vessel which is subject to federal inspection and control;

(2) Any pressure vessel used for the transport or storage of compressed gasses and liquids under the control or regulation of the United States Department of Transportation;

(3) Any air tank on any vehicle used for carrying passengers or freight and operated under the authority of any other state agency;

(4) Any air tank installed on the right-of-way of railroads;

(5) Any unfired pressure vessel not exceeding:

a. Five cubic feet in volume and 250 psig design pressure;

b. Three cubic in volume and 350 psig design pressure,

c. One and 1/2 cubic feet in volume and 600 psig design pressure;

d. Vessels having an inside diameter, width, height, or cross section diagonal not exceeding 6 inches with no limitation on length of vessel or pressure.

(6) Any unfired pressure vessel having an internal and/or external operating pressure not exceeding 15 psig;

(7) Any unfired pressure vessel containing water at ambient temperature with a nominal water containing capacity of 120 gallons or less, including those with air or gas cushion, the compression of which serves only as a cushion;

(8) Any water filter or softener containing water at ambient temperature when the pressure does not exceed 300 psig;

(9) Any pressure vessel under the control of the State Fire Marshal;

(10) High pressure breathing air cylinders used by emergency response organizations are exempt from inspection and certification provided they are installed, serviced, and maintained in accordance with the manufacturer’s recommendations and the National Fire Prevention Association Standards, and the owner or user of this equipment shall be responsible for maintaining, testing, and servicing this equipment and shall keep all records associated with these activities as required by National Fire Protection Association Standards. The failure of any person to so install, service, test and maintain these air cylinders and to keep such records shall constitute a violation of this chapter.

(11) Any water heater, directly fired with oil, gas or electricity, which shall be equipped with American Society of Mechanical Engineers (ASME) stamped safety relief valves and which cannot exceed any of the following limitations:

a. Heat input of 200,000 Btu/hr. or 58,600 watts;

b. Water temperature of 210 degrees Fahrenheit; or

c. Nominal water capacity of 120 gallons.

(12) Any coil type hot water boiler without any steam space where water flashes into steam released through a manually operated nozzle unless 1 of the following limitations is exceeded:

a. A 3/4-inch diameter tubing or pipe size, with no drum or headers attached;

b. Nominal water containing capacity does not exceed 6 gallons;

c. Water temperature does not exceed 350 degrees Fahrenheit; or

d. Steam is not generated within the coil; and

(13) Any other exemptions promulgated in regulations supporting this chapter.

78 Del. Laws, c. 127, § 7.