R315-260-32. Reclassification as a Boiler

  In accordance with the standards and criteria in the definition of a boiler found in Section R315-260-10, and the procedures in Section R315-260-33, the Board may determine on a case-by-case basis that certain enclosed devices using controlled flame combustion are boilers, even though they do not otherwise meet the definition of boiler contained in Subsection R315-260-10, after considering the following criteria:

  (a) The extent to which the unit has provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases; and

  (b) The extent to which the combustion chamber and energy recovery equipment are of integral design; and

  (c) The efficiency of energy recovery, calculated in terms of the recovered energy compared with the thermal value of the fuel; and

  (d) The extent to which exported energy is utilized; and

  (e) The extent to which the device is in common and customary use as a "boiler" functioning primarily to produce steam, heated fluids, or heated gases; and

  (f) Other factors, as appropriate.