In accordance with the standards and criteria in section 33.1-24-01-04 (definition of 'boiler'), and the procedures in section 33.1-24-01-12, the department 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 section 33.1-24-01-04, 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 a steam, heated fluids, or heated gases; and

6. Other factors, as appropriate.

History: Effective January 1, 2019.

General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1