9VAC20-60-1400. Changes in process classification

A. Variance to be classified as a boiler. In accordance with the standards and criteria in the definition of "boiler" and the procedures in 9VAC20-60-1420 B or 9VAC20-60-1420 C the director 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 after considering the following criteria: 1. The extent to which the unit has provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases; 2. The extent to which the combustion chamber and energy recovery equipment are of integral design; 3. The efficiency of energy recovery, calculated in terms of the recovered energy compared with the thermal value of the fuel; 4. The extent to which exported energy is utilized; 5. 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 6. Other factors, as appropriate. B. [Reserved.]