Boilers and Boiler Safety

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TDLR proposes amendments, new rules and repeals to the Boilers program rules (16 Texas Administrative Code, Chapter 65, Subchapter A, §65.2; Subchapter C, §65.13; Subchapter I, §65.62; Subchapter J, §65.72; Subchapter N, §65.203 and §65.210; Subchapter O, §65.300; Subchapter P, §65.401; Subchapter R, §§65.605 and 65.608 - 65.613; and proposes new rules Subchapter B, §§65.6, 65.7 and 65.8 and Subchapter K, §65.86; and proposes the repeal of Subchapter B, §65.10 and §65.11). The proposed amendments, new rules and repeals are necessary to implement the changes made by H.B. 3091; address safety concerns; make technical and editorial corrections; and add a temporary operating permit fee.

The rule proposal is published in the October 23, 2015, issue of the Texas Register (40 TexReg 7335). The Department will accept comments on the proposal until November 23, 2015.

The Department encourages anyone interested in the Boilers program to review the rule proposal. Comments may be submitted by email to

On March 6, 2015, the Advisory Board on Boiler Rules recommended the Texas Commission of Licensing and Regulation adopt a completely revised version of the Texas Administrative Boiler Rules. The Commission adopted these rules, which went into effect on June 15, 2015.

The revision includes a complete reformatting and adds new requirements. TDLR recommends owners, operators and installers of boilers in Texas review the newly adopted Texas Administrative Boiler Rules in their entirety.

Some but not all of the new requirements include:

  • As of January 1, 2016, if your boiler goes over 90 days overdue, the Boiler Program will assign the required Certificate inspection to be completed by either a Deputy Boiler Inspector or an Authorized Inspection Agency. The owner will be required to pay a $260.00 Boiler Inspection Fee (to the agency that conducts the inspection) as well as a $70.00 late fee. This is in addition to the $70.00 Certificate of Operation fee that is normally charged. This requirement can be found in sections 65.91 and 65.300 (j).
  • The re-use of gaskets or sealing compounds on Manholes and Handholes of Boilers is prohibited. This can be found in sections 65.210 (b) (11) (A), (B) and (C).
  • There is now a fee associated with the following (see section 65.300):
    • Variances--$50
    • Extensions--$100
    • Re-Stamping--$50
    • Boiler Installation Reports--$25
  • All chimney and vents shall be installed in accordance with Boiler Manufacturer recommendations and Chimney/Vent Manufacturer recommendations. This can be found in section 65.602.
  • Changes were made to ventilation requirements (see section 65.603):
    • For two openings, one commencing not more than 12 inches from the ceiling of the room and one commencing not more than 12 inches from the floor of the room, the opening shall be sized on the basis of one square inch of free area for each 3,000 Btu/hour input per opening of the combined burners located in the boiler room.
    • Requirements were added for boilers of a Sealed Combustion Design, also referred to as Condensing Boilers. When boilers of a seal combustion design are installed, the boiler room is required to either meet the requirements listed above or have a Carbon Monoxide Detector installed. The detector is required to secure the boiler if the power is lost to the boiler or carbon monoxide reaches 100 parts per million. The Carbon Monoxide Detector is also required to be calibrated every 18 months.
    • For a single uninterrupted air supply, no change was made.
    • For power ventilators, no change was made.

Any questions regarding these rules may be submitted to or call 512-539-5716.

The Board of Boiler Rules met September 24, 2015 in Austin. The agenda is online. The meeting was archived and is available on TDLR's YouTube page or with RealPlayer.


Equipment that falls within the scope of the Texas Boiler Law and Rules, that must be registered and inspected, is defined in both the law and rules. This means all types of boilers that are used in commercial and public facilities that produce steam (either low or high pressure), hot water heating for use in comfort air heating systems, and hot water supply for use in domestic water systems (such as showers, sinks, pools, or for miscellaneous use) which includes potable hot water heater type boilers. Boilers used for hot water supply or potable hot water supply can be further defined in the following two (2) categories:

  • A hot water supply boiler means a boiler designed for operation at a pressure not exceeding 160 psig or temperatures not exceeding 250 degrees Fahrenheit at or near the boiler outlet if the boiler’s: heat input exceeds 200,000 BTUs per hour; water temperature exceeds 210 degrees Fahrenheit; or nominal water-containing capacity exceeds 120 gallons.
  • A potable water heater means a boiler designed for operation at pressures not exceeding 160 psig and water temperatures not exceeding 210 degrees Fahrenheit if the boiler’s: heat input exceeds 200,000 BTUs per hour or nominal water-containing capacity exceeds 120 gallons.

Further classification and definitions can be obtained by accessing the Texas Boiler Law and Rules and referring to the definitions in both the law and rules or by calling (800) 722-7843 and a technical representative can assist you with any questions.