S 1107 Session 112 (1997-1998)
S 1107 General Bill, By Giese
Similar(H 3368)
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14
TO TITLE 41 SO AS TO ENACT THE BOILER AND PRESSURE VESSEL SAFETY ACT; CREATE A
BOARD OF BOILER AND PRESSURE VESSEL REGULATIONS TO SERVE WITHOUT SALARY AND TO
FORMULATE AND PROMULGATE REGULATIONS FOR THE SAFE CONSTRUCTION, INSTALLATION,
INSPECTION, MAINTENANCE, AND REPAIR OF BOILERS AND PRESSURE VESSELS, NUCLEAR
POWER SYSTEMS, AND POWER AND PROCESS PIPING SYSTEMS; TO PROVIDE EXEMPTIONS
FROM THE PROVISIONS OF THIS ACT; TO PROVIDE FOR THE ENFORCEMENT OF THE
REGULATIONS PROMULGATED BY THE BOARD; TO PROVIDE FOR THE EXAMINATION AND
APPOINTMENT OF BOILER AND PRESSURE VESSEL INSPECTORS; TO PROVIDE FOR THE
INSPECTION OF BOILERS AND PRESSURE VESSELS, FEES TO BE CHARGED, AND REPORTS TO
BE MADE; TO PROVIDE FOR INSPECTION CERTIFICATES; TO PROVIDE FOR APPEALS; AND
TO PROVIDE A PENALTY FOR THE VIOLATION OF THE PROVISIONS OF THIS CHAPTER.
03/10/98 Senate Introduced and read first time SJ-9
03/10/98 Senate Referred to Committee on Labor, Commerce and
Industry SJ-9
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING CHAPTER 14 TO TITLE 41 SO AS TO
ENACT THE BOILER AND PRESSURE VESSEL SAFETY ACT;
CREATE A BOARD OF BOILER AND PRESSURE VESSEL
REGULATIONS TO SERVE WITHOUT SALARY AND TO
FORMULATE AND PROMULGATE REGULATIONS FOR THE
SAFE CONSTRUCTION, INSTALLATION, INSPECTION,
MAINTENANCE, AND REPAIR OF BOILERS AND PRESSURE
VESSELS, NUCLEAR POWER SYSTEMS, AND POWER AND
PROCESS PIPING SYSTEMS; TO PROVIDE EXEMPTIONS
FROM THE PROVISIONS OF THIS ACT; TO PROVIDE FOR
THE ENFORCEMENT OF THE REGULATIONS
PROMULGATED BY THE BOARD; TO PROVIDE FOR THE
EXAMINATION AND APPOINTMENT OF BOILER AND
PRESSURE VESSEL INSPECTORS; TO PROVIDE FOR THE
INSPECTION OF BOILERS AND PRESSURE VESSELS, FEES
TO BE CHARGED, AND REPORTS TO BE MADE; TO PROVIDE
FOR INSPECTION CERTIFICATES; TO PROVIDE FOR
APPEALS; AND TO PROVIDE A PENALTY FOR THE
VIOLATION OF THE PROVISIONS OF THIS CHAPTER.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Title 41 of 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, nuclear components, and
power and process piping systems.
Section 41-14-20. For the purposes of this chapter:
(1) 'Boiler' means a closed vessel in which water or other liquid is
heated, steam or vapor is generated, steam is superheated, or in which
any combination of these functions is accomplished, under pressure
or vacuum, for use external to itself, by the direct application of
energy from the combustion of fuels, or from electricity, solar, or
nuclear energy. 'Boiler' includes the apparatus by which heat is
generated, and all controls and safety devices associated with the
apparatus or the closed vessels. 'Boiler' includes fired units for
heating or vaporizing liquids other than water where these units are
separate from processing systems and are complete within
themselves.
(2) 'Power boiler' means a boiler in which steam or other vapor is
generated at a pressure of more than fifteen psig.
(3) 'High pressure, high temperature water boiler' means a boiler
in which water or other fluid is heated and intended for operation at
pressures exceeding one hundred sixty psig or temperatures
exceeding two hundred fifty degrees Fahrenheit.
(4) 'Heating boiler' means a steam or vapor boiler operating at
pressures not exceeding fifteen psig, or a boiler in which water or
other fluid is heated and intended for operation at pressures not
exceeding one hundred sixty psig or temperatures not exceeding two
hundred fifty degrees Fahrenheit.
(5) 'Power and process piping' means a piping system including
valves and fittings used to convey steam, oil, gas, or air intended for
operation exceeding fifteen psig, and water or other fluid intended for
operation exceeding one hundred sixty psig or temperatures
exceeding two hundred fifty degrees Fahrenheit.
(6) 'Pressure vessels' means a vessel in which the pressure is
obtained from an external source or by the application of heat other
than those vessels defined in items (1) through (4) of this section.
(7) 'Chief inspector' means an official appointed under this chapter
charged with the enforcement of the provisions of this chapter.
(8) 'Public assembly locations' means schools, day care centers,
nursing homes, hospitals, theaters, houses of worship, sporting
arenas, and all buildings open to the public for trade or commerce.
(9) 'Certificate inspection' means an inspection, the report of
which is used by the chief inspector to determine whether or not a
certificate may be issued.
Section 41-14-30. (A) This chapter does not apply to:
(1) pressure vessels having an inside diameter, width, height, or
cross section diagonal not exceeding six inches, with no limit on
pressure;
(2) pressure vessels having an internal or external working
pressure not exceeding fifteen psig, with no limit on size;
(3) pressure vessels with a nominal water-containing capacity
of one hundred twenty gallons or less 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 any
other indirect means when none of the following limitations are
exceeded:
(a) a heat input of two hundred thousand BTU per hour;
(b) a water temperature of two hundred ten degrees
Fahrenheit; or
(c) a nominal water containing capacity of one hundred
twenty gallons.
(5) pressure vessels in the care, custody, and control of research
facilities and used solely for research purposes which require one or
more details of noncode construction or which involve destruction or
reduced life expectancy of those vessels; or
(6) hot water supply boilers and water heaters used exclusively
for supplying potable hot water which are directly fired with oil, gas,
or electricity when none of the following limitations is exceeded:
(a) heat input of two hundred thousand BTU per hour;
(b) water temperature of two hundred ten degrees Fahrenheit;
or
(c) nominal water capacity of one hundred twenty gallons.
(B) Exempt hot water supply boilers and hot water heaters must be
equipped with ASME/National Board stamped safety relief valves.
It being further provided that this exemption does not apply to hot
water supply boilers and hot water heaters that exceed fifty gallons
in volume or fifty thousand BTU per hour heat input when located in
places of public assembly.
(C) The following boilers, pressure vessels, and power and process
piping are exempt from the requirements for inservice inspections
and inspection certificates of this chapter:
(1) boilers or pressure vessels located on farms and used solely
for agricultural or horticultural purposes;
(2) heating boilers or pressure vessels which are located in
private residences or in apartment houses of less than six family
units;
(3) any pressure vessel used as an external part of an electrical
circuit breaker transformer;
(4) pressure vessels on remote oil or gas producing lease
locations that have fewer than ten buildings intended for human
occupancy per one-quarter square mile and where the closest building
is at least two hundred twenty yards from any vessel;
(5) 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 and the pressure does not exceed two
hundred psig;
(6) pressure vessels that do not exceed:
(a) five cubic feet in volume and two hundred fifty psig; or
(b) one and one-half cubic feet in volume and six hundred
psig;
(7) power and process piping beyond the scope of Section I,
Section IV, and Section VIII of the ASME Code;
(8) any insurance company insuring a boiler or unfired pressure
vessel located in a public assembly location in this State shall inspect
the boiler or pressure vessel it insures, and any county, municipality,
or other government subdivision which has adopted into law the
Boiler and Pressure Vessel Code of the American Society of
Mechanical Engineers and the National Board Inspection Code for
the construction, installation, inspection, maintenance, and repair of
boilers or pressure vessels, regulating these boilers or pressure
vessels in public assembly locations, shall inspect these boilers or
pressure vessels it regulates. Upon filing of a report of satisfactory
inspection with the department the boiler or pressure vessel is exempt
from inspection by the department; and
(9) any user of the equipment who has certified inspection
personnel on staff may perform annual inspections and file a report
with the Board of Boiler and Pressure Vessel Regulations to exempt
the equipment from state inspections.
Section 41-14-40. (A) There is created a Board of Boiler and
Pressure Vessel Regulations, which is empowered to make, alter,
amend, and interpret regulations for the safe construction,
installation, inspection, alteration, and repair of boilers and pressure
vessels. The board shall formulate definitions and regulations for the
safe construction, installation, inspection, maintenance, and repair of
boilers, pressure vessels, nuclear components, and power and process
piping in this State.
(B) The board shall consist of nine members, the majority of whom
have experience in design, construction, inspection, repair, or
operation of boilers or pressure vessels. Eight of these members must
be appointed by the Governor, two for a term of one year, two for a
term of two years, two for a term of three years, and two for a term
of four years. At the expiration of their respective terms of office,
they or their successors identifiable with the same interest
respectively as provided in this chapter, must be appointed for terms
of four years each. The Governor may at any time remove any
member of the board for inefficiency or neglect of duty in office.
Upon the death or incapacity of any members, the Governor shall fill
the vacancy for the remainder of the vacated term with a
representative of the same interest with which his predecessor was
identified. Of these eight appointed members one must be a
representative of owners and users of power boilers having
experience with these boilers, one must be a representative of owners
and users of heating boilers, one must be a representative of owners
and users of pressure vessels having experience with these vessels,
one must be a representative of boiler or pressure vessel
manufacturers, one must be a representative of the crafts involved in
the construction and repair of boilers or pressure vessels, one must be
a representative of operating engineers, one must be a national board
commissioned representative of a company licensed to insure and
insuring in this State boilers and pressure vessels, and one shall
represent the public, such as a mechanical engineer within the State
or a licensed professional engineer with experience in the boiler or
pressure vessel field. The ninth member of the board must be the
jurisdictional representative responsible for public or occupational
safety.
(C) The board shall elect one of its members to serve as chairman
for a term not exceeding four years. The board shall meet at least two
times each year at the call of the chairman at a place designated by
him. Minutes of the board meetings must be prepared and distributed
by the board. No approval, decision, or ruling of the board is
effective unless supported by the vote of at least five members.
(D) The members of the board shall serve without salary and shall
receive mileage, subsistence, and per diem as is provided by law for
members of state boards, committees, and commissions.
Section 41-14-50. (A) The board shall examine, select, and adopt
through the legislative review process, appropriate standards for the
implementation of this chapter.
(1) The definitions and regulations so formulated must be based
upon and follow generally accepted national engineering standards,
formulas, and practices relating to boiler, pressure vessel, power
piping, process piping, and nuclear component construction,
installation, inspection, repair, and safety.
(B) The board is encouraged to adopt subsequent revisions to
national standards that have been adopted into the regulations. When
adopted the revisions are considered incorporated into and constitute
a part of the whole of the definitions and regulations of the board.
(C) The board shall formulate regulations to ensure that all boiler
or pressure vessel manufacturers, power powers and process piping
fabricators, and nuclear component manufacturers, jobbers, dealers,
or individuals selling or offering for sale or operation of 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 and regulations adopted pursuant to it. A manufacturer,
fabricator, jobber, dealer, or individual found to be in violation of this
section is guilty of a felony. The board shall endeavor to modify
existing regulations, as appropriate, to keep them current with
recognized accepted national standards.
(D) The board shall formulate 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 adoption.
(E) The regulations and any subsequent amendments to them
formulated or adopted by the board shall comply with the provisions
of Chapter 23, Title 2 (Administrative Procedures Act).
(F) Subsequent amendments to the regulations adopted by the
board are permissive immediately and become mandatory six months
after their promulgation.
Section 41-14-60. (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, except those exempt in Section 41-14-30, for use in this
State shall conform to the 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 board at its discretion, provided the user presents
evidence of safe construction acceptable to the board before the
construction of the boiler, pressure vessel, piping system, or nuclear
component.
Section 41-14-70. (A) The maximum allowable working pressure
of an existing boiler or nuclear component installed, stamped with the
ASME Code symbol, or a pressure vessel stamped with the ASME
or API/ASME Code symbols shall 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 symbol shall be computed in
accordance with standard engineering practices established in
regulations adopted by the board based on recommendations of NB23
or API-510 as applicable.
(C) This chapter may not be construed as in any way preventing
the use, sale, or reinstallation of a boiler, pressure vessel, or nuclear
component referred to in subsection (B) of this section, provided the
board 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 41-14-80. (A) Within sixty days after the effective date
of this chapter and at any time after that if the office of the chief
inspector may become vacant, the Governor shall appoint a citizen of
this State, or if not available, a citizen of another state, who shall
have 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
and who has passed an examination as prescribed under Section
41-14-110. The chief inspector may be removed for neglect of duty
or other just cause after due investigation by the board and their
recommendation to the Governor
(B) The chief inspector, under the direction of the board, shall:
(1) take action necessary for the enforcement of this chapter and
regulations of the board;
(2) keep a complete record of the name and address of the
owner or user, location, type, dimensions, maximum allowable
working pressure, age, dates 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 board;
(4) issue, suspend, or revoke for cause inspection certificates as
provided for in Section 41-14-150;
(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
Regulations; and
(7) draw upon the state treasury for funds necessary to meet the
expenses authorized by this chapter, which shall include the
necessary traveling expenses of the chief inspector, deputy
inspectors, staff, Board of Boiler and Pressure Vessel Regulations,
and the expenses incident to the maintenance of the office.
Section 41-14-90. The board shall employ deputy inspectors who
are responsible to the chief inspector and have at the time of
appointment, passed the examination provided for in Section
41-14-110, and have education and experience as follows:
(1) from an accredited school, a degree in engineering plus
one-year experience in design, construction, operation, or inspection
of high pressure boilers and pressure vessels;
(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 in:
(a) high pressure boiler and pressure vessel construction or
repair;
(b) charge of high pressure boiler and pressure vessel operation;
or
(c) the inspection of high pressure boilers and pressure vessels;
and who shall have passed the examination provided for in Section
41-14-110.
Section 41-14-100. (A) Certificates of competency designating
special inspectors of boilers and pressure vessels may be issued by
the board upon request of any authorized inspection organizations
which have been licensed or registered by the appropriate authority
of this State. All authorized inspection organization shall provide
boiler and pressure vessel insurance coverage and be actively
engaged in writing this coverage.
(B) Before receiving a certificate of competency, each inspector
shall receive a passing grade on the examination provided for by
Section 41-14-110, 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 shall 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 organization.
(D) Special inspectors shall inspect all boilers, pressure vessels,
and nuclear components insured by their respective authorized
inspection organization. All boilers, pressure vessels, and nuclear
components are exempt from the payment to the State for inspection
fees. Special inspectors may conduct shop or field inspectors of new
boilers, pressure vessels, or nuclear components in accordance with
the applicable ASME Code requirements.
(E) The furnishings by an insurer, its employee, or agent, the
failure to furnish, the making of, or the failure to make, any
statement, recommendation, or report in connection with any
inspection of boiler or pressure vessels pursuant to Section
41-14-30(C)(9) does not subject the insurer, whether domestic or
foreign, its employees or agents to liability for damages of nature
including, but not limited to, damages because of injury or death, loss
of or damages to real or personal property, or loss of income resulting
from act or omission of the insurer, employee, or agent. This section
does not apply in event the active negligence of the insurer, its
employee, or agent during the actual inspection constituted the
proximate cause of injury, death, loss, or damage.
Section 41-14-110. The examination for chief, director, deputy,
or special inspector must be in written form and may be held by the
board, or by an examining board appointed in accordance with
national board requirements. Three 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. Any applicant who does not
attain a passing grade on the examination may appeal to the board
and participate in another examination, after a period of ninety days.
The results and records of an applicant's examination shall be
accessible to the applicant and his employer.
Section 41-14-120. (A) An inspector's certificate of competency
may be suspended by the board after due investigation and
recommendation by the board for the incompetence or
untrustworthiness of the inspector, or for the wilful falsification of
any matter or statement contained in an application or a report of any
inspection made by the inspector. Written notice of any suspension
must be transmitted by the board to the inspector and the 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 board, as provided in Section 41-14-190. The inspector may
be present and represented by counsel at the hearing of the appeal.
(B) If the board has sufficient reason to believe that an inspector
is no longer qualified to hold a certificate of competency, the board
shall hold a hearing with not less than ten days' written notice to the
inspector and the employer, and the inspector and the employer shall
have an opportunity to be heard. After the hearing, if the board finds
that the inspector is no longer qualified to hold a certificate of
competency, the board shall recommend to the chief inspector that
the certificate be revoked immediately.
(C) A person whose certificate of competency has been suspended
is entitled to apply, after ninety days from the date of the suspension,
for reinstatement of the certificate of competency.
Section 41-14-130. If a certificate of competency is lost, stolen,
or destroyed a new certificate of competency may be issued without
reexamination.
Section 41-14-140. (A) The chief inspector or any deputy
inspector shall have free access, during reasonable hours, to any
premises in this State where a boiler, pressure vessel, power piping
or piping process system, or nuclear component, covered by this
chapter, 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 the effective date of this chapter each boiler,
pressure vessel, and nuclear component covered by this chapter must
be thoroughly inspected as to its construction, installation, and
condition as follows:
(1) Except as permitted in items (2) and (3) below, power
boilers and high temperature boilers shall receive a certificate
inspection annually which must be an internal inspection where
construction permits. 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, 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) frequency of internal and external inspections of pressure
vessels, including unfired boilers, must be set by the board based on
NB-23, as applicable;
(5) nuclear components within the scope of Section XI of the
ASME Code shall be inspected at intervals acceptable to the board
and reported in the form and with the appropriate information as the
board shall designate; and
(6) a grace period of two months beyond the periods specified
in items (1), (2), (3), (4), and (5) of this subsection is permitted
between certificate inspections.
(C) The inspections required by this section, including shop
inspections, must be made by the chief inspector, deputy inspector,
or a special inspector as provided for in this chapter.
(D) 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.
(E) 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
board become effective, must be inspected during construction as
required by the applicable regulations of the board by an inspector
authorized to inspect boilers and pressure vessels in this State, or if
constructed outside of the State, by an inspector holding a valid
commission issued by The National Board of Boiler and Pressure
Vessel Inspectors and registered with the national board.
Section 41-14-150. (A) Each special inspector and each deputy
inspector shall, within thirty days following each certificate
inspection made by such inspectors, file a report of the inspection
with the chief inspector upon appropriate forms or other accepted
methods (e.g., electronic means). The filing of reports of external
inspections other than certificate inspections are not required except
where the inspections disclose that the boiler, pressure vessel, or
nuclear component is not in compliance with the regulations adopted
by the board.
(B) If the report filed pursuant to subsection (A) of this section
shows that a boiler, pressure vessel, or nuclear system is found to
comply with the regulations of the board, and upon payment by the
owner or user of the fee prescribed by the board, the chief inspector
or his duly 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 41-14-140. The inspection certificate is valid
for a period of not more than two months beyond the period set by
the board. Boiler, pressure vessel, and nuclear system inspection
certificates must be filed where they will be readily accessible for
examination by the chief inspector or an authorized representative.
(C) No inspection certificate issued for an insured boiler, pressure
vessel, or nuclear system, based upon a report of a special inspector,
shall be valid after the boiler, pressure vessel, or nuclear system for
which it was issued ceases to be insured by a company duly
authorized by this State to provide the insurance.
(D) The chief inspector or his authorized representative may at any
time suspend an inspection certificate 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. Each suspension of an inspection certificate
shall continue in effect until the boiler, pressure vessel, or nuclear
system is in conformity with the regulations of the board, and until
the inspection certificate has been reinstated.
Section 41-14-160. After twelve months following the date on
which this chapter becomes effective, it is unlawful for any person,
firm, partnership, or corporation to operate in this State a boiler,
pressure vessel, or nuclear component covered by this chapter
without a valid inspection certificate. The operation of a boiler,
pressure vessel, or nuclear component without the inspection
certificate, or at a pressure exceeding that specified in the certificate,
or in violation of this chapter, or the regulations promulgated under
it, shall constitute a misdemeanor on the part of the owner, user, or
operator of it and is punishable by a fine not to exceed five hundred
dollars, or imprisonment not to exceed two months, or both, at the
discretion of the court. Each day of this unlawful operation may be
considered a separate offense.
Section 41-14-170. (A) The board 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 directly to
the board the fee established by the board in addition to traveling
expenses, the cost of meals and lodging, and other incidental
expenses incurred by the chief inspector or his deputy inspector when
performing inspections of a special nature such as shop inspections
or investigations.
(B) The board shall account for and transfer all fees received to the
Treasurer of the State of South Carolina.
Section 41-14-180. The chief inspector shall furnish a bond in the
sum of five thousand dollars and each of the deputy inspectors
employed by the State shall furnish a bond in the sum of two
thousand dollars, conditioned upon the faithful performance of their
duties, and upon a true account of monies handled by them
respectively, and the payment to the proper recipient. The cost of the
bonds must be paid by the State Treasurer.
Section 41-14-190. (A) Any person aggrieved by an order or
action of the board or the chief inspector, under this chapter, may,
within thirty days after notice of it, appeal the order or action to the
board, within thirty days, 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 board, any
person aggrieved by it may file a petition in the circuit court of the
county for a review thereof. The court shall summarily hear the
petition and may make any appropriate order or decree.
Section 41-14-200. The General Assembly shall annually
appropriate as is necessary for the preparation, printing, and
distribution of the regulations promulgated by the board and for the
purpose of carrying out all the other provisions of this chapter.
Section 41-14-210. No county, municipality, or other
governmental subdivision has the power to make any laws,
ordinances, or resolutions providing for the construction, installation,
inspection, maintenance, and repair of boilers, pressure vessels, and
nuclear components within the limits of that county, municipality, or
governmental subdivision. Any law, ordinance, or resolution enacted
or passed before the effective date of this chapter is of no
effect."
SECTION 2. This act takes effect upon approval by the Governor.
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