Current Status Introducing Body:Senate Bill Number:1099 Primary Sponsor:Fielding Committee Number:12 Type of Legislation:GB Subject:Boiler and Pressure Vessel Safety Act Residing Body:Senate Current Committee:Labor, Commerce & Industry Companion Bill Number:4113 Computer Document Number:436/11924.DW Introduced Date:Jan 14, 1992 Last History Body:Senate Last History Date:Jan 14, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Fielding Type of Legislation:General Bill
Bill Body Date Action Description CMN
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1099 Senate Jan 14, 1992 Introduced, read first time, 12
referred to Committee
1099 Senate Nov 18, 1991 Prefiled, referred to 12
Committee
View additional legislative information at the LPITS web site.
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:
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.