Definition of "user" under code

[garfio]

Hi

I am trying to understand the responsibility of my EPC firm with respect to the obligations in the code. I found the use of the word "user" to define obligations, and looking at appendix NN, there is a sort of definition and even examples of how to interpret the obligations.

However, it seems no too clear to me, so I would appreciate a clarification of who is the user for a case in which a company owner and operator of a plant, hires a EPC company to do the expansion of their plant, which include the design and supply of pressure vessels, which are purchase from a third party by the EPC company. Is the owner in this case the "user"?

Thanks in advance.

 

[BigInch]

The "user" is normally the "owner", or the "operator", or the "owner-operator". An EPC company, hired and acting to provide competent advice and design, or design oversight to, or for the owner, or any agent authorized by the owner to make design decisions and critical purchases on the owner's behalf, can, by extension, be considered the "owner". "User", although probably more appropriately applied to an "operator", is typically the owner as well. An operating company, even though they may be subcontracted by an owner, authorized by an owner to operate a facility on the owner's behalf, is also considered by extension to be the "owner". In short, don't try to split those hairs too finely. User, Owner, Operator and even EPC are generally all considered the same entity by the code, although legal and contractual considerations can keep them completely separate for other matters.

In other words, others, or a third party, anybody but owners, operators and users, refer to the fabricator, or a equipment dealer, or service supply contractor, supplying to the EPC-owner-user. Even though in actuality the EPC may ultimately be supplying the stuff onward to the owner, the EPC is considered the owner, because he is acting on the owner's behalf when procuring these materials, equipment and services.

If that still doesn't work for you, I suggest you inquire at your company's legal department.

 

[metengr]

What does your EPC contract specification state as to your company's role? That is what matters most. The "Code" does not deal with contractual matters only of a technical nature.

 

[TGS4]

VIII-2 is a little more definitive in this regard. The terms "user" and "user's designated agent" can be used interchangeably. This was done to acknowledge the usual role that an EPC firm has in the procurement of pressure vessels.

One clarification from what you wrote... You were not hired to perform the design of the vessel - that is the sole responsibility of the manufacturer of the pressure vessel. Although contractually you may be reviewing the manufacturer's calculations and may have contractual obligations thereof, from the perspective of the Code, the responsibility of the design (calculations, drawings, etc) are the manufacturer's.