H 4113 Session 109 (1991-1992)
H 4113 General Bill, By D.E. Martin and L.S. Whipper
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 14
to Title 41 so as to authorize the Commissioner of Labor to promulgate
regulations for the construction, installation, inspection, operation,
maintenance, and repair of boilers, pressure vessels, power piping, process
piping, and nuclear power systems; provide for the enforcement of the
regulations; provide for the examination and appointment of boiler and
pressure vessel inspectors; provide for the inspection of boilers, pressure
vessels, and nuclear components, fees to be charged, and the reports to be
made; provide for inspection certificates; provide for appeals; provide for
exclusive jurisdiction by the State; and provide a penalty for violation.
01/14/92 House Introduced and read first time HJ-187
01/14/92 House Referred to Committee on Labor, Commerce and
Industry HJ-187
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING CHAPTER 14 TO TITLE 41 SO AS TO AUTHORIZE
THE COMMISSIONER OF LABOR TO PROMULGATE
REGULATIONS FOR THE CONSTRUCTION, INSTALLATION,
INSPECTION, OPERATION, MAINTENANCE, AND REPAIR OF
BOILERS, PRESSURE VESSELS, POWER PIPING, PROCESS
PIPING, AND NUCLEAR POWER SYSTEMS; PROVIDE FOR THE
ENFORCEMENT OF THE REGULATIONS; PROVIDE FOR THE
EXAMINATION AND APPOINTMENT OF BOILER AND
PRESSURE VESSEL INSPECTORS; PROVIDE FOR THE
INSPECTION OF BOILERS, PRESSURE VESSELS, AND NUCLEAR
COMPONENTS, FEES TO BE CHARGED, AND THE REPORTS TO
BE MADE; PROVIDE FOR INSPECTION CERTIFICATES;
PROVIDE FOR APPEALS; PROVIDE FOR EXCLUSIVE
JURISDICTION BY THE STATE; AND PROVIDE A PENALTY FOR
VIOLATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"CHAPTER 14
Boiler and Pressure Vessel
Safety Act
Section 41-14-10. This chapter may be cited as the `Boiler and
Pressure Vessel Safety Act' and, except as otherwise provided in it,
applies to all boilers, pressure vessels, power piping and process piping,
and nuclear components.
Section 41-14-20. For purposes of this chapter:
(1) `Boiler' means a closed vessel in which water or other
liquid is heated, steam is generated, steam or vapor is superheated, or
any combination of it, under pressure or vacuum, for use external to
itself, by the direct application of heat. Boiler includes fired units for
heating or vaporizing liquids other than water where these units are
separate from processing systems and complete within themselves.
Boiler also includes the apparatus by which heat is generated and all
controls and safety devices associated with the apparatus or closed
vessels.
(2) `Commissioner' means the Commissioner of Labor.
(3) `Power boiler' means a boiler in which steam or other
vapor is generated at a pressure of more than fifteen psi.
(4) `High-pressure', `high-temperature boiler' means a boiler
in which water or other fluid is heated and intended for operation at
pressures in excess of one hundred sixty psi or temperatures, or both, in
excess of two hundred fifty degrees Fahrenheit.
(5) `Heating boiler' means a steam or vapor boiler operating
at a pressure not exceeding fifteen psi or a boiler in which water or other
fluid is heated and intended for operation at pressures not exceeding one
hundred sixty psi or temperatures not exceeding two hundred fifty
degrees Fahrenheit.
(6) `Unfired power boiler' means an unfired steam or other
vapor generating system using heat from the operation of a processing
system or other indirect heat source.
(7) `Certificate inspection' means an inspection, the report of
which is used by the chief inspector to determine whether or not a
certificate, as provided in Section 41-14-130, may be issued.
(8) `Chief inspector' means an official appointed under this
chapter charged with the enforcement of the provisions of this chapter.
(9) `Nuclear component' means the items in a nuclear power
plant such as vessels, piping systems, pumps, valves, and component
supports.
(10) `Nuclear power plant' means one or more nuclear power
systems and containment systems.
(11) `Nuclear system' means a system comprised of nuclear
components which collectively serve the purpose of producing and
controlling an output of thermal energy from nuclear fuel and includes
those associated systems essential to the function of the system.
(12) `Place of public assembly' means a building or area open
to the public for trade or commerce including, but not limited to,
schools, child care centers, hospitals, nursing and boarding houses,
churches, theaters, sports arenas, colleges and institutions, and any
building or area in which persons may assemble for civic, educational,
religious, or recreational purposes or in which passengers may await
transportation.
(13) `Power piping' means piping systems, excluding those
installed in chemical plants and petroleum refineries, including valves
and fittings used to convey steam, oil, gas, or air intended for operation
at a pressure exceeding fifteen psi, and water or other fluids intended for
operation at a pressure exceeding one hundred sixty psi or a temperature
exceeding two hundred fifty degrees Fahrenheit.
(14) `Pressure relief value' means a spring loaded pressure relief
device such as a safety valve, safety relief value, or relief valve which
is designed to open to relieve excess pressure and to reclose and prevent
the further flow of fluid after normal conditions have been restored. It
is characterized by rapid opening pop action or by opening generally
proportional to the increase in pressure over the opening pressure. It
may be used for either compressible or incompressible fluids, depending
on design, adjustment, or application.
(15) `Pressure vessel' means a vessel in which pressure is
obtained from an external source or by the application of heat other than
those vessels defined in item (1).
(16) `Process piping' means piping systems including their
component parts, installed in chemical plants and petroleum refineries,
and piping systems being used to convey all fluids including fluidized
solids and for all types of service including raw, intermediate and
finished chemicals, oil and other petroleum products, gas, steam, air,
water, and refrigerants. Piping systems designed for pressures above
zero psi but less than fifteen psi and designed for temperatures between
twenty degrees Fahrenheit and three hundred sixty-six degrees
Fahrenheit when the fluid conveyed is nonflammable and nontoxic are
excluded.
Section 41-14-30. (A) This chapter does not apply to:
(1) pressure vessels having an internal or external operating
pressure not exceeding fifteen psi with no limit on size;
(2) pressure vessels having an inside diameter, width, height,
or cross-sectional diagonal not exceeding six inches with no limitation
on pressure;
(3) pressure vessels with a nominal water containing capacity
of one hundred twenty gallons or less and a temperature less than one
hundred forty degrees Fahrenheit to be used for domestic supply
purposes for containing water under pressure, including those containing
air, the compression of which serves only as a cushion;
(4) pressure vessels containing water heated by steam or other
indirect means when none of the following limitations are exceeded:
(a) a heat input of two hundred thousand BTUs an hour;
(b) a water temperature of two hundred ten degrees
Fahrenheit;
(c) a nominal water containing capacity of one hundred twenty
gallons; provided these pressure vessels must be equipped with an
ASME/NB stamped safety relief valve;
(5) hot water supply boilers and water heaters used exclusively
for supplying potable hot water which are fired directly with oil, gas, or
electricity when none of the following limitations are exceeded:
(a) a heat input of two hundred thousand BTUs an hour;
(b) a water temperature of two hundred ten degrees
Fahrenheit;
(c) a nominal water capacity of one hundred twenty gallons.
This exemption does not apply to hot water supply boilers and water
heaters that exceed fifty gallons in volume or fifty thousand BTUs an
hour when installed in places of public assembly. These exempt hot
water supply boilers and water heaters must be equipped with
ASME/NB stamped safety relief valves. ASME designates the
American Society of Mechanical Engineers and NB refers to the
National Board of Boiler and Pressure Vessel Inspectors.
(6) pressure vessels which may be classified as pressure
containers which are integral parts of components of rotating or
reciprocating mechanical devices such as pumps, compressors, turbines,
generators, engines, and hydraulic or pneumatic cylinders where the
primary design considerations or stresses, or both, are derived from the
functional requirements of the device.
(B) The following boilers and pressure vessels are exempt from
the requirements of in-service inspections and certificate inspections as
required by Sections 41-14-140, 41-14-150, 41-14-160, and 41-14-170:
(1) pressure vessels not exceeding five cubic feet in volume
and two hundred fifty psi pressure or one and one-half cubic feet in
volume and six hundred psi pressure;
(2) heating boilers or pressure vessels which are located in
private residences or in apartment houses of less than six family units;
(3) pressure vessels operated entirely full of water or other
liquid which is not materially more hazardous than water, provided the
temperature of the vessel contents does not exceed one hundred forty
degrees Fahrenheit or a pressure of two hundred psi;
(4) power piping and process piping beyond the scope of the
ASME Boiler and Pressure Vessel Code, also referred to as the ASME
Code.
Section 41-14-40. (A) The commissioner shall promulgate
regulations for the safe construction, installation, inspection, operation,
repair, alteration, modification, replacement, and maintenance of boilers,
pressure vessels, and nuclear components in this State.
(1) The regulations promulgated for new construction must be
based upon and follow generally accepted national engineering
standards, formulae, and practices related to boiler, pressure vessel,
power piping and process piping, and nuclear component construction,
installation, inspection, repair, and safety. The commissioner may adopt
the following existing American National Standards including addenda,
code cases, and interpretations:
(a) Boiler and Pressure Vessel Code of the
American Society of Mechanical Engineers;
(b) Code for Power Piping, B31.1 of the American Society
of Mechanical Engineers;
(c) Code for Chemical Plant and Petroleum Refinery Piping,
B31.3 of the American Society of Mechanical Engineers;
(d) National Board Inspection Code, NB-23 of The
National Board of Boiler and Pressure Vessel Inspectors;
(e) Code for Controls and Safety Devices for Automatically
Fired Boilers, CSD-1 of the American Society of Mechanical Engineers;
(f) Code for Controls and Safety Devices, NFPA Series 85 of
the National Fire Protection Association, such as:
(i) NFPA 85A Standard for Prevention of Furnace
Explosions in Fuel Oil and Natural Gas-Fired Single Burner Boiler
Furnaces;
(ii) NFPA 85B Standard for Prevention of Furnace
Explosions in Natural Gas-Fired Multiple Burner Boiler-Furnaces;
(iii) NFPA 85D Standard for Prevention of Furnace
Explosions in Fuel Oil-Fired Multiple Burner Boiler-Furnaces;
(iv) NFPA 85E Standard for Prevention of Furnace
Explosions in Pulverized Coal-Fired Multiple Burner Boiler-Furnaces;
(v) NFPA 85F Standard for Installation and Operation
of Pulverized Fuel Systems;
(vi) NFPA 85G Standard for Prevention of Furnace
Implosions in Multiple Burner Boiler-Furnaces.
(2) The commissioner also may adopt subsequent revisions in
the form of addenda, code cases, and interpretations of these standards
provided the revisions and interpretations are acceptable to the
commissioner. When adopted, they are considered incorporated into and
constitute a part of the whole of the regulations of the commissioner.
(3) The commissioner shall promulgate regulations to ensure
that all boiler or pressure vessel manufacturers, power piping and
process piping fabricators, and nuclear component manufacturers,
jobbers, dealers, or individuals selling or offering for sale or operation
any boiler, pressure vessel, power piping or process piping system, or
nuclear component within the scope of this chapter meet the
requirements of this chapter or regulations adopted pursuant to it. Any
manufacturer, fabricator, jobber, dealer, or individual in violation of this
section is guilty of a felony.
(4) The commissioner shall promulgate regulations which may
permit the use of boilers, pressure vessels, power piping and process
piping, and nuclear components that were in operation in this State
before the date upon which the first regulations under this chapter
pertaining to existing installations became effective, or during the
twelve-month period immediately following their promulgation.
(B) (1) The regulations and any subsequent amendments to
them promulgated by the commissioner must be promulgated pursuant
to the provisions of Chapter 23 of Title 1 (Administrative Procedures
Act).
(2) Rules applying to the construction of new boilers, pressure
vessels, power piping and process piping, and nuclear components are
not mandatory until six months after their promulgation by the
commissioner.
(C) Subsequent amendments to the regulations adopted by the
commissioner are permissive immediately and become mandatory six
months after their promulgation.
Section 41-14-50. (A) Twelve months from the date upon which
the regulations under this chapter become effective all new boilers,
pressure vessels, power piping and process piping, and nuclear
components for use in this State shall conform to these regulations.
(B) If a boiler, pressure vessel, power piping and process piping
system, or nuclear component is of special design or construction and
cannot comply with the construction requirements of the regulations of
this chapter a special installation and operating permit may be granted
by the commissioner at his discretion, provided the user presents
evidence of safe construction acceptable to the commissioner before the
construction of the boiler, pressure vessel, piping system, or nuclear
component.
Section 41-14-60. (A) The maximum allowable working
pressure of a boiler or nuclear component stamped with the ASME Code
symbol or a pressure vessel stamped with the ASME or API/ASME
Code symbols must be determined by the applicable sections of the code
under which it was constructed and stamped.
(B) The maximum allowable working pressure of a boiler,
pressure vessel, or nuclear component which is not stamped and does
not carry the ASME or the API/ASME Code symbols must be computed
in accordance with standard engineering practice using a factor of safety
established by rules adopted by the commissioner.
(C) This chapter may not be construed as preventing the use, sale,
or reinstallation of a boiler, pressure vessel, or nuclear component
referred to in subsection (B), provided the commissioner gives a specific
ruling that the boiler, pressure vessel, or nuclear component conforms
to its regulations and, further, upon inspection, it has been found to be
in safe condition.
Section 41-14-70. (A) Within sixty days after the effective date
of this chapter and at any time that the office of the chief inspector
becomes vacant, the commissioner shall appoint a citizen of this State,
or, if not available, a citizen of another state, who has had at the time of
the appointment not less than ten years' experience in the construction,
installation, inspection, operation, maintenance, or repair of high
pressure boilers and pressure vessels as a mechanical engineer, steam
operating engineer, boilermaker, or boiler inspector and who passed an
examination as prescribed under Section 41-14-100. The chief inspector
may be removed for neglect of duty or other just cause after
investigation by the commissioner and his recommendation.
(B) The chief inspector, under the direction of the commissioner,
shall:
(1) take action necessary for the enforcement of this chapter
and regulations of the commissioner;
(2) keep a complete record of the name and address of the
owner or user, location, type, dimensions, maximum allowable working
pressure, age, date of installation, and last recorded inspection of all
boilers, pressure vessels, and nuclear components to which the chapter
applies;
(3) make available upon request copies of the regulations
promulgated by the commissioner;
(4) issue, suspend, or revoke for cause inspection certificates
as provided for in Section 41-14-140;
(5) cause the prosecution of violators of the provisions of this
chapter and regulations;
(6) act as secretary of the Board of Boiler and Pressure Vessel
Rules.
Section 41-14-80. The commissioner shall employ deputy
inspectors who are responsible to the chief inspector and who have at the
time of appointment education and experience and who have passed the
examination provided for in Section 41-14-100:
(1) from an accredited school, a degree in engineering plus
one year's experience in design, construction, operation, or inspection of
high pressure boilers and pressure vessels; or
(2) an associate degree in mechanical technology plus two
years' experience in design, construction, operation, or inspection of
high pressure boilers and pressure vessels; or
(3) a high school education or the equivalent plus three years'
experience:
(a) in high pressure boiler and pressure vessel construction or
repair; or
(b) in charge of high pressure boiler and pressure vessel
operation; or
(c) in the inspection of high pressure boilers and pressure
vessels,
Section 41-14-90. (A) Certificates of competency
designating special inspectors of boilers and pressure vessels may be
issued by the commissioner upon request of any authorized
inspection agency licensed or registered by the appropriate authority of
this State. All authorized inspection agencies shall provide boiler and
pressure vessel insurance coverage and be actively engaged in writing
this type coverage.
(B) Before receiving a certificate of competency, each inspector
shall receive a passing grade on the examination provided for by Section
41-14-100 or hold a commission or certificate of competency as an
inspector of boilers or pressure vessels from a state that has a standard
of examination equal to that of this State, or a commission as an
inspector of boilers and pressure vessels issued by The National Board
of Boiler and Pressure Vessel Inspectors.
(C) Special inspectors may not receive any salary or expenses
from this State. Special inspector certificates of competency are valid
only as long as the special inspectors are in full-time employment of an
authorized inspection agency.
(D) Special inspectors shall inspect all boilers, pressure vessels,
and nuclear components insured by their respective authorized
inspection agency. All boilers, pressure vessels, and nuclear
components, when inspected, are exempt from the payment to the State
for inspection fees. Special inspectors may conduct shop or field
inspections of new boilers, pressure vessels, or nuclear components in
accordance with the applicable ASME Code requirements.
(E) Certificates of competency designating owner-user inspectors
of pressure vessels must be issued by the commissioner upon request of
any company operating pressure vessels in this State. The owner-user
shall maintain a regularly established inspection department which is
under the supervision of one or more technically competent individuals
whose qualifications and whose organization and inspection procedures
are acceptable to the commissioner. Pressure vessels must be inspected
regularly and in accordance with the applicable provisions of the
regulations promulgated by the commissioner pursuant to Section
41-14-40.
(F) Before receiving a certificate of competency, each inspector
shall attain a passing grade on the examination provided for by Section
41-14-100 or hold a certificate of competency as an inspector from a
state that has a standard of examination equal to that of this State, or
who holds an owner-user inspector commission, in-service, issued by
The National Board of Boiler and Pressure Vessel Inspectors.
(G) A certificate of competency as an owner-user inspector must
be issued only if, in addition to meeting the requirements in (B) above,
the inspector is employed continuously by the company and is
responsible for making inspection of pressure vessels used by the
company.
(H) Owner-user inspectors may not receive any salary or expenses
from this State, and a certificate of competency is valid only as long as
the owner-user inspector is employed full time by a qualified owner-user
inspection agency in accordance with the applicable provisions of the
regulations promulgated by the commissioner pursuant to Section
41-14-40.
Section 41-14-100. The examination for chief director, deputy,
special, or owner-user inspector must be written and may be held by the
commissioner or by an examining commissioner appointed in
accordance with national board requirements. Two or more members
must be present at all times during the examination. The examination
must be confined to questions with answers which will aid in
determining the ability and competency of the applicant for the intended
certificate of competency and may be those prepared by The National
Board of Boiler and Pressure Vessel Inspectors. An applicant who does
not attain a passing grade on the examination may appeal to the
commissioner and participate in another examination after ninety days.
The results and records of an applicant's examination is accessible to the
applicant and his employer.
Section 41-14-110. (A) An inspector's certificate of
competency may be suspended by the commissioner after investigation
and recommendation by the commissioner for the incompetence or
untrustworthiness of the inspector or for the wilful falsification of any
matter or statement contained in his application or a report of any
inspections made by him. Written notice of the suspension must be
transmitted by the commissioner to the inspector and his employer not
more than ten days following the suspension. A person whose
certificate of competency has been suspended is entitled to an appeal to
the commissioner as provided in Section 41-14-180. The inspector may
be present and represented by counsel at the hearing of the appeal.
(B) If the commissioner has sufficient reason to believe that an
inspector is no longer qualified to hold a certificate of competency, the
commissioner shall hold a hearing with not less than ten days' written
notice to the inspector and his employer and the inspector and his
employer shall have an opportunity to be heard. After the hearing, if the
commisioner finds that the inspector is no longer qualified to hold a
certificate of competency, he may revoke his certificate immediately.
(C) A person whose certificate of competency has been suspended
is entitled to apply, after ninety days from the date of suspension, for
reinstatement of the certificate of competency.
Section 41-14-120. If a certificate of competency is lost, stolen,
or destroyed a new certificate of competency may be issued without
reexamination.
Section 41-14-130. (A) The chief inspector, or any deputy
inspector, has free access during reasonable hours to any premises in the
State where a boiler, pressure vessel, power piping or piping process
system, or nuclear component is being constructed for use in, or is being
installed in, this State for the purpose of ascertaining whether the boiler,
pressure vessel, power or piping process system, or nuclear component
is being constructed and installed in accordance with the provisions of
this chapter.
(B) On and after January 1, 1993, each boiler, pressure vessel, and
nuclear component covered by this chapter must be inspected thoroughly
as to its construction, installation, and condition as follows:
(1) Power boilers and high pressure, high temperature boilers
shall receive a certificate inspection annually which must be an internal
inspection where construction permits; otherwise, it is as complete an
inspection as possible. These boilers also must be externally inspected
annually while under pressure if possible.
(2) Low pressure steam or vapor heating boilers, except those
constructed of cast iron, shall receive a certificate inspection biennially
with an internal inspection at least every two years where construction
permits.
(3) Hot water heating boilers, hot water supply boilers, except
those constructed of cast iron, hot water heaters, and hot water storage
tanks shall receive a certificate inspection biennially with an internal
inspection at the discretion of the inspector.
(4) Heating boilers and hot water supply boilers constructed
of cast iron shall receive a certificate inspection biennially.
(5) Pressure vessels subject to internal corrosion shall receive
a certificate inspection biennially. Pressure vessels not subject to
internal corrosion shall receive a certificate inspection at intervals set by
the commissioner. Frequency of internal inspections of pressure vessels
must be set by the commissioner.
(6) Nuclear components within the scope of Section XI of the
ASME Code must be inspected at intervals acceptable to the
commissioner and reported in a form and with appropriate information
as the commissioner designates.
(7) A grace period of two months beyond the periods specified
in items (1) through (5) is permitted between certificate inspections.
However, the inspection certificate due date is not affected.
(8) The commissioner may provide for longer periods between
certificate inspections in its regulations for specific boilers, pressure
vessels, and nuclear systems.
(9) Under the provisions of this chapter, the commissioner is
responsible for providing rules for the safety of life, limb, and property
and has jurisdiction over the interpretation and application of the
inspection requirements as provided for in the regulations which the
commissioner promulgated. Inspection during construction and
installation shall certify as to the minimum requirements for safety as
defined in the ASME Code or other construction standard acceptable to
the commissioner. Inspection requirements of operating equipment is
in accordance with generally accepted practice and compatible with the
actual service conditions, such as:
(a) previous experience based on records of inspection,
performance, and maintenance;
(b) location with respect to personnel hazard;
(c) quality of inspection and operating personnel;
(d) provision for related safe operating controls;
(e) interrelation with other operations outside the scope of this
chapter.
Based upon documentation of the actual service conditions by the owner
or user of the operating equipment, the commissioner may, in its
discretion, permit variations in the inspection requirements.
(C) The inspections required in this chapter, including shop
inspections, must be made by the chief inspector, deputy inspector, or a
special inspector as provided for in this chapter.
(D) Owner-user inspection of pressure vessels is permitted
provided the owner-user inspection service is regularly established and
is under the supervision of one or more individuals whose qualifications
are satisfactory to the commissioner and the owner-user causes the
pressure vessels to be inspected in conformance with the National Board
Inspection Code.
(E) If, at the discretion of the inspector, a hydrostatic test is
considered necessary, it must be made by the owner or user of the boiler
or pressure vessel before an inspection certificate is issued.
(F) All boilers, other than cast iron sectional boilers, pressure
vessels, and nuclear systems to be installed in this State after the
twelve-month period from the date upon which the regulations of the
commissioner become effective, must be inspected during construction
as required by the applicable regulations of the commissioner by an
inspector authorized to inspect boilers and pressure vessels in this State
or, if constructed outside the State, by an inspector holding a valid
commission issued by The National Board of Boiler and Pressure Vessel
Inspectors.
Section 14-41-140. (A) Each authorized inspection agency
employing special inspectors meeting the requirements of Section
41-14-90(A), each company operating pressure vessels covered by
owner-user inspection service meeting the requirements of Section
41-14-90(E), and each deputy inspector meeting the requirement of
Section 41-14-80, within thirty days following each certificate
inspection made by the inspectors, shall file a report of the inspection
with the chief inspector upon appropriate forms as promulgated by The
National Board of Boiler and Pressure Vessel Inspectors. The filing of
reports of external inspections other than certificate inspections is not
required except when the inspections disclose that the boiler, pressure
vessel, or nuclear component is not in compliance with the regulations
adopted by the commissioner.
(B) If the report filed pursuant to subsection (A) shows that a
boiler, pressure vessel, or nuclear system is found to comply with the
regulations of the commissioner, and upon payment by the owner or user
of the fee prescribed by the commissioner, the chief inspector or his
authorized representative shall issue to the owner or user an inspection
certificate bearing the date of inspection and specifying the maximum
pressure under which the boiler, pressure vessel, or nuclear component
may be operated. The inspection certificate is valid for a period
consistent with the certificate inspection frequency as required by
Section 41-14-130. In the case of those boilers, pressure vessels, and
nuclear components covered by Section 41-14-130(B)(1) through (5),
for which the commissioner has established or extended the operating
period between required inspections, pursuant to the provisions of
Section 41-14-130(B) (7) or (8), the inspection certificate is valid for not
more than two months beyond the period set by the commissioner.
Inspection certificates for boilers must be posted under glass, or
similarly protected, in the room containing the boiler. Pressure vessel
and nuclear system inspection certificates must be posted in like manner,
if convenient, or filed where they will be accessible readily for
examination by the chief inspector or his authorized representative.
(C) No inspection certificate issued for an insured boiler, pressure
vessel, or nuclear system, based upon a report of a special inspector, is
valid after the boiler, pressure vessel, or nuclear system for which it was
issued ceases to be insured by a company authorized by this State to
provide the issuance.
(D) The chief inspector or his authorized representative may
suspend an inspection certificate at any time after showing cause that the
boiler, pressure vessel, or nuclear system for which it was issued cannot
be operated without menace to the public safety, or when the boiler,
pressure vessel, or nuclear system is found not to comply with the
regulations provided in this chapter. Each suspension of an inspection
certificate continues in effect until the boiler, pressure vessel, or nuclear
system conforms to the regulations of the commissioner and until the
inspection certificate is reinstated.
Section 41-14-150. After twelve months for power boilers,
twenty-four months for low pressure steam heating, hot water heating,
and hot water supply boilers, water heaters, and hot water storage tanks,
thirty-six months for pressure vessels, and twelve months for nuclear
components following the effective date of this chapter, it is unlawful
for a person, firm, partnership, or corporation to operate in this State a
boiler, pressure vessel, or nuclear component covered by this chapter,
except a pressure vessel covered by owner-user inspection service as
provided for in Section 41-14-140, without a valid inspection certificate.
The operation of a boiler, pressure vessel, or nuclear component without
an inspection certificate, or at a pressure exceeding that specified in the
certificate, or in violation of this chapter or the regulations promulgated
under it, constitutes a misdemeanor on the part of the owner, user, or
operator of it and must be punishable by a fine not to exceed five
thousand dollars or imprisonment not to exceed two years, or both, at the
discretion of the court. Each day of the unlawful operation is considered
a separate offense.
Section 41-14-160. (A) The commissioner shall establish fees
for inspection certificates, certificate inspections, shop inspections,
inspections of secondhand or used boilers, pressure vessels, or nuclear
components and special inspections made by the chief inspector or his
deputy which may be necessary to carry out the provisions of this
chapter. The owner or user of the boiler, pressure vessel, or nuclear
component, upon completion of the inspection, shall pay to the
commissioner the fee it has established, in addition to traveling
expenses, the cost of meals and lodging, and other incidental expenses
incurred by the chief inspector or his deputy inspector.
(B) The commissioner shall account for and transfer all fees
received to the general fund of the State.
Section 41-14-170. The chief inspector and each of the deputy
inspectors employed by the State shall furnish a bond in the sum of ten
thousand dollars conditioned upon the faithful performance of their
duties and upon a true account of monies handled by them respectively
and the payment of it to the proper recipient. The cost of these bonds
must be paid by the State Treasurer.
Section 41-14-180. (A) A person aggrieved by an order or
action of the commissioner or the chief inspector, under this chapter,
within fifteen days after notice of it, may appeal the order or action to
the commissioner which, within thirty days after that time, shall issue an
appropriate decision either approving or disapproving the order or
action. A copy of it must be given to all interested parties.
(B) Within thirty days after an order or action of the
commissioner, a person aggrieved by it may file a petition in the circuit
court of Richland County for a review of it. The court shall hear
summarily the petition and may make any appropriate order or
decree."
SECTION 2. No municipality, county, or other political subdivision
has the power to make ordinances or resolutions providing for the
construction, installation, inspection, maintenance, and repair of boilers,
pressure vessels, and nuclear components within the limits of the
municipality, county, or political subdivision. Ordinances or resolutions
enacted or passed by a municipality, county, or other political
subdivision before the effective date of this chapter are of no effect.
SECTION 3. This act takes effect upon approval by the Governor.
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