Last revision October
11th, 1999
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Texas Boiler Law
Chapter 755, Health and Safety Codes
Table of Contents
SUBCHAPTER A. GENERAL PROVISIONS
755.001. Definitions
[Sections 755.002 to 755.010 reserved for expansion]
SUBCHAPTER B. BOARD OF BOILER RULES
755.011. Composition of Board
755.012. Terms
755.013. Chairman
755.014. Removal of Board Members; Vacancy
755.015. Compensation
755.016. Meetings
755.017. Powers and Duties
755.018. Majority Vote Required
[Sections 755.019 to 755.020 reserved for expansion]
SUBCHAPTER C. BOILER REGISTRATION AND INSPECTION
755.021. Registration and Certificate
755.022. Exemptions for Certain Boilers
755.023. Appointment of Inspectors and other Personnel
755.024. Authorized Inspectors; Examinations
755.025. Inspection
755.026. Extensions
755.027. Reports by Inspection Agency; Joint Inspections
755.028. Special Inspections
755.029. Certificate of Operation
755.030. Fees
755.031. Certificate Revocation
755.032. Rules
755.033. Interagency Inspection Agreements
[Sections 755.034 to 755.040 reserved for expansion]
SUBCHAPTER D. ENFORCEMENT AND PENALTIES
755.041. Regulation of Unsafe Boilers
755.042. Prosecution; Injunction
755.043. General Criminal Penalty
755.044. [Repealed by the 72nd Legislature, 1991]
755.045. Notice of Rule or Order Required Before Prosecution
755.046. Affidavit of Orders
BOILER
LAW
HEALTH AND
SAFETY CODE
CHAPTER 755. BOILERS
SUBCHAPTER A. GENERAL PROVISIONS
' 755.001. DEFINITIONS.
In this chapter:
(1) "Alteration"
means a substantial change in an original design.
(2) "Board"
means the board of boiler rules.
(3) "Boiler"
means:
(A) a heating
boiler;
(B) a nuclear
boiler;
(C) a power boiler;
(D) an unfired steam
boiler; or
(E)
a process steam generator.
(4) "Certificate inspection" means
the required internal or external boiler inspection, the report of which is used by the
chief inspector to decide whether to issue a certificate of operation.
(5) "Certificate of operation"
means a certificate issued by the commissioner to allow the operation of a boiler.
(6) "Commissioner"
means the commissioner of licensing and regulation.
(7) "Department"
means the Texas Department of Licensing and Regulation.
(8) "External inspection" means an
inspection of the exterior of a boiler and its appurtenances that is made, if possible,
while the boiler is in operation.
(9) "Heating boiler" means a steam
heating boiler, hot water heating boiler, hot water supply boiler, or potable water heater
that is directly fired with oil, gas, solar energy, electricity, coal, or other solid or
liquid fuel.
(10) "High-temperature water
boiler" means a water boiler designed for operation at pressures exceeding 160 pounds
per square inch or temperatures exceeding 250 degrees Fahrenheit.
(11) "Hot water heating boiler"
means a boiler designed for operation at a pressure not exceeding 160 pounds per square
inch or temperatures not exceeding 250 degrees Fahrenheit at or near the boiler outlet.
(12) "Hot water supply boiler"
means a boiler designed for operation at pressures not exceeding 160 pounds per square
inch or temperatures not exceeding 250 degrees Fahrenheit at or near the boiler outlet if
the boiler's:
(A) heat input
exceeds 200,000 British thermal units per hour;
(B) water
temperature exceeds 210 degrees Fahrenheit; or
(C) nominal
water-containing capacity exceeds 120 gallons.
(13) "Inspection agency" means an
authorized inspection agency providing inspection services.
(14) "Inspector" means the chief
inspector, a deputy inspector, or an authorized inspector.
(15) "Internal inspection" means a
complete and thorough inspection of the interior waterside and fireside areas of a boiler
as construction allows.
(16) "Nuclear boiler" means a
nuclear power plant system, including its pressure vessels, piping systems, pumps, valves,
and storage tanks, that produces and controls an output of thermal energy from nuclear
fuel and the associated systems essential to the function of the power system.
(17) "Portable power boiler" means
a boiler primarily intended for use at a temporary location.
(18) APotable water heater@ means a boiler designed for operation at pressures not
exceeding 160 pounds per square inch and water temperatures not exceeding 210 degrees
Fahrenheit if the boiler=s:
(A) heat input exceeds
200,000 British thermal units per hour; or
(B) nominal
water-containing capacity exceeds 120 gallons.
(19) "Power
boiler" means:
(A)
a high-temperature water boiler; or
(B) a boiler in which
steam is generated at a pressure exceeding 15 pounds per square inch for a purpose
external to the boiler.
(20) AProcess steam generator@ means an evaporator, heat exchanger, or vessel in which
steam is generated by the use of heat resulting from the operation of a processing system
that contains a number of pressure vessels, such as used in the manufacture of chemical
and petroleum products.
(21) "Repair"
means the work necessary to return a boiler to a safe and satisfactory operating condition
without changing the original design.
(22) "Safety
appliance" means a safety device such as a safety valve or a safety relief valve for
a boiler provided to diminish the danger of accidents.
(23) "Standard
boiler" means a boiler that bears a Texas stamp, the stamp of a nationally recognized
engineering professional society, or the stamp of any jurisdiction that has adopted a
standard of construction equivalent to the standard required by the commissioner.
(24) "Steam
heating boiler" means a boiler designed for operation at pressures not exceeding 15
pounds per square inch.
(25) "Unfired
steam boiler" means an unfired pressure vessel in which steam is generated. The term does not include:
(A) vessels known as
evaporators or heat exchangers; or
(B) vessels in which steam is generated by using the heat that
results from the operation of a processing system that contains a number of pressure
vessels, as used in the manufacture of chemical and petroleum products.
SUBCHAPTER B. BOARD OF BOILER RULES
' 755.011. COMPOSITION OF BOARD.
(a) The Board of Boiler Rules is in the
department.
(b) The board is composed of the following
nine members appointed by the commissioner:
(1) three
members representing persons who own or use boilers in this state;
(2) three
members representing companies that insure boilers in this state;
(3) one member
representing boiler manufacturers or installers;
(4) one member who is a mechanical engineer
and a member of the faculty of a recognized college of engineering in this state; and
(5) one member
representing a labor union.
(c) A member must have experience with
boilers. To the extent possible, at least
four members should be professional engineers registered in this state.
(d) The commissioner serves as an ex officio
board member.
' 755.012. TERMS. Board
members serve for staggered six-year terms, with the terms of three members expiring
January 31 of each odd-numbered year.
' 755.013. CHAIRMAN.
The chief inspector serves as chairman of the board.
' 755.014. REMOVAL OF BOARD MEMBERS; VACANCY.
(a) The commissioner may remove a board
member for inefficiency or neglect of official duty.
(b) A board member's office becomes vacant
on the resignation, death, suspension, or incapacity of the member. The commissioner shall appoint, in the same manner
as the original appointment, a person to serve for the remainder of the unexpired term.
' 755.015. COMPENSATION.
A board member may not receive a salary but is entitled to reimbursement for actual
expenses incurred in performing board duties.
' 755.016. MEETINGS.
The board shall meet at least twice each year at the call of the chairman at a
place designated by the board.
' 755.017. POWERS AND DUTIES. The board shall advise the commissioner in the
adoption of definitions and rules relating to the safe construction, installation,
inspection, operating limits, alteration, and repair of boilers and their appurtenances.
' 755.018. MAJORITY VOTE REQUIRED. A board decision is not effective unless supported
by the vote of at least five board members.
SUBCHAPTER C. BOILER REGISTRATION AND INSPECTION
' 755.021. REGISTRATION AND CERTIFICATE. Except as provided by Section 755.022, each boiler
operated in this state must:
(1) be registered with the department;
and
(2) have
qualified for a current certificate of operation.
' 755.022. EXEMPTIONS FOR CERTAIN BOILERS.
(a) This chapter does not apply to:
(1) boilers
owned or operated by the federal government;
(2) pressure vessels or process steam
generators, other than steam collection or liberation drums of process steam generators;
(3) manually
fired miniature boilers that:
(A) are constructed or
maintained for locomotives, boats, tractors, or stationary engines only as a hobby for
exhibition, recreation, education, or historical
purposes and not for commercial use;
(B) have an inside
diameter of 12 inches or less or a grate area of two square feet or less; and
(C) are equipped with a
safety valve of adequate size, a water level indicator, and a pressure gauge; or
(4) boilers
that are designed for operation only at atmospheric pressure and that are equipped with
two independent means to prevent the buildup of pressure.
(b) Heating boilers used to heat buildings
that are exclusively for residential use and that have accommodations for not more than
four families are exempt from Sections 755.025, 755.027, 755.029, and 755.030.
' 755.023. APPOINTMENT OF INSPECTORS AND OTHER PERSONNEL.
(a) The commissioner shall appoint a chief
inspector of boilers to administer the boiler program.
The chief inspector must:
(1) be a resident of this state
and a citizen of the United States;
(2) have at least five years' experience in
the construction, installation, inspection, operation, maintenance, or repair of boilers;
and
(3) pass a written examination that
demonstrates the necessary ability to judge the safety of boilers.
(b) The chief inspector may not have a
commercial interest in the manufacture, ownership, insurance, or agency of boilers or
boiler appurtenances.
(c) As needed, the commissioner shall
appoint persons with qualifications similar to those of the chief inspector to serve as
deputy inspectors.
(d) The commissioner may employ clerical
assistants as necessary to carry out this chapter.
' 755.024. AUTHORIZED INSPECTORS; EXAMINATIONS.
(a) To be an authorized inspector, a person
must obtain a commission as a boiler inspector from the commissioner and must be
continuously employed by an inspection agency.
(b) The commissioner, by written
examination, shall determine the qualifications of an applicant for a commission to be an
authorized inspector.
(c) Not later than the 30th day after the
date an examination is administered to an applicant for a commission as boiler inspector,
the commissioner shall notify each examinee of the results of the examination.
(d) If an examination is graded or reviewed
by a national testing service, the commissioner shall notify examinees of the results of
the examination not later than the 14th day after the date the commissioner receives the
results from the testing service. If the
notice of examination results graded or reviewed by a national testing service will be
delayed for longer than 90 days after the examination date, the commissioner shall notify
the examinee of the reason for the delay before the 90th day.
(e) If requested in writing by a person who
fails the examination, the commissioner shall furnish the person with an analysis of the
person's performance on the examination.
(f) After proper investigation, the
commissioner may accept an inspection commission issued to a person by any other
jurisdiction that has a written examination equal to that of this state.
(g) For good cause, the commissioner may
rescind a commission issued by this state.
(h) The commissioner may recognize, prepare,
or administer continuing education programs for authorized inspectors. Participation in the programs is voluntary.
' 755.025. INSPECTION.
(a) The commissioner shall require each
boiler to be inspected internally and externally at the time of initial installation and
at subsequent intervals as provided by this section.
The commissioner may provide that the inspection be performed by any inspector.
(b) Power boilers, unfired steam boilers,
and steam collection or liberation drums of process steam generators must receive an
annual certificate inspection and an annual external inspection.
(c) Steam heating boilers and hot water
heating boilers must receive a certificate inspection biennially.
(d) Hot water supply boilers and potable
water heaters must receive a certificate inspection triennially.
(e) A portable power boiler must be
inspected externally each time the boiler is moved to a new location and must receive an
internal inspection at least annually.
(f) The commissioner shall designate
the manner of inspection for nuclear boilers, the form of the inspection report, and the
information to be reported. The commissioner
and the owner of a nuclear boiler shall establish the intervals of inspection for the
boiler.
(g) The commissioner may authorize the
inspection of a boiler at any reasonable time if the commissioner determines that the
boiler may be in an unsafe condition. The
commissioner shall notify the inspection agency that insures that boiler and request the
authorized inspector employed by that agency to participate with the chief inspector or a
deputy inspector in a joint inspection of the boiler not later than the 20th day after the
date on which the commissioner notifies the inspection agency. An additional charge may
not be made for the joint inspection.
' 755.026. EXTENSIONS.
(a) With the approval of the commissioner
and the inspection agency that has jurisdiction for the power boiler, the interval between
internal inspections may be extended to a period not exceeding a total of 48 months. For other unfired steam boilers or steam
collection or liberation drums of process steam generators, the inspection interval may be
extended to the next scheduled downtime of the boiler, but not exceeding a total of 84
months.
(b) The interval between internal
inspections of a boiler may be extended only if:
(1) continuous water treatment under
competent and experienced supervision to control and limit corrosion and deposits has been
in effect since its last internal inspection;
(2) the last internal and current external
inspection of the boiler indicates that the interval may safely be extended; and
(3) accurate
and complete records are available that show:
(A) that since the last internal inspection samples of boiler
water have been taken or monitored at regular intervals not exceeding 24 hours of
operation and that the water condition in the boiler is satisfactorily controlled;
(B) the dates that the boiler was out of service since the
last internal inspection and the reasons that the boiler was taken out of service; and
(C) the nature of the repairs made to the boiler and the
reasons that those repairs were made.
(c) The commissioner and the inspection
agency may grant an additional extension for a period not exceeding 120 days to the
inspection interval covered by the boiler's certificate of operation on receipt of a
request for extension stating that an emergency exists.
Before the extension may be granted, the inspection agency must make an external
inspection of the boiler, and the conditions imposed under Subsection (b) must be met.
(d) If an extended period between internal
inspections is approved by the commissioner and the inspection agency, the commissioner
shall issue a new certificate of operation for the extended period of operation.
(e) If
the interval between internal inspections of a gas fired boiler is extended under
Subsection (a), the commissioner and inspection agency shall require that an inspection of
the gas regulator or pressure reducing valve that services the boiler be performed as part
of the next regularly scheduled external certificate inspection of the boiler to verify
proper venting of gas to a safe point of discharge.
' 755.027. REPORTS BY INSPECTION AGENCY; JOINT INSPECTIONS.
(a) Not later than the 30th day after the
date on which a certificate inspection is performed by an authorized inspector, the
inspection agency employing the authorized inspector shall file a report with the
commissioner in the manner specified by the department.
(b) A boiler inspected by an authorized
inspector is exempt from other inspections and inspection fees under this chapter, other
than an inspection authorized under Section 755.025(g).
(c) An inspection agency shall notify the
commissioner in writing of the cancellation or expiration of any insurance policy issued
by that agency to cover a boiler located in this state, and shall include in the notice
the reason for the cancellation or expiration. The notice must state the date the policy
was issued and the date on which the cancellation or expiration takes effect.
' 755.028. SPECIAL INSPECTIONS. The commissioner may provide a special inspection
service to the owners, operators, and manufacturers of boilers. The service may include surveys required for
certification to construct, assemble, or repair boilers or pressure vessels.
' 755.029. CERTIFICATE OF OPERATION.
(a) The commissioner shall issue to the
owner or operator of a boiler a certificate of operation for the boiler if after a
certificate inspection:
(1) the
boiler is found to be in a safe condition for operation; and
(2) the
owner or operator has paid the fees assessed under Section 755.030.
(b) The certificate of operation is valid
for not longer than the interval required for certificate inspections of that boiler.
(c) A certificate of operation must be
posted under glass in a conspicuous place on or near the boiler for which it is issued.
' 755.030. FEES.
(a) In addition to the fees described by
Section 12(f), Article 9100, Revised Statutes, the commission may authorize the collection
of fees for:
(1) boiler
inspections, including fees for special inspections; and
(2) other activities administered by the
boiler inspection section and authorized by rule of the commissioner.
(b) The commission shall consider the advice
of the board in setting the amount of a fee for:
(1) a boiler inspection, including a
fee for a special inspection;
(2) a certificate of operation;
(3) the
administration of an examination under this chapter; or
(4) any other
activity administered by the boiler inspection section.
(c) The
fees, travel, and per diem collected under this chapter may be appropriated only to the
department.
' 755.031. CERTIFICATE REVOCATION.Error!
Bookmark not defined. The
commissioner may revoke a certificate of operation after good cause is shown and after
notice and opportunity for a hearing on the revocation.
' 755.032. RULES.
(a) The commissioner may adopt and enforce
rules, in accordance with standard boiler usage, for the construction, inspection,
installation, use, maintenance, repair, alteration, and operation of boilers.
(b) The commissioner may exchange
information, including data on experience, with other authorities that inspect boilers or
their appurtenances, to obtain information necessary to adopt rules.
(c) The commissioner or a department
employee may not prescribe the make, brand, or kind of boilers or any appurtenances on the
boiler to purchase.
' 755.033. INTERAGENCY INSPECTION AGREEMENTS.
(a) The commissioner shall enter into
interagency agreements with the Texas Department of Health and the State Board of
Insurance under which inspectors from those agencies who discover unsafe or unregistered
boilers in the course and scope of inspections conducted as part of regulatory or safety
programs administered by those agencies are required to report the unsafe or unregistered
boilers to the commissioner.
(b) The commissioner may enter analogous
agreements with local fire marshals.
(c) The commissioner shall adopt rules
relating to the terms and conditions of an interagency agreement entered under this
section.
SUBCHAPTER D. ENFORCEMENT AND PENALTIESError!
Bookmark not defined.
' 755.041. REGULATION OF UNSAFE BOILERS.
(a) If an inspection shows that a boiler is
unsafe, the chief inspector or any deputy inspector shall issue a written preliminary
order requiring repairs and alterations as necessary to make the boiler safe for use. The inspector may also order discontinuing the use
of the boiler until the repairs and alterations are made or the unsafe conditions are
remedied.
(b) On written request, an owner or operator
who does not comply with a preliminary order is entitled to a hearing before the
commissioner to show cause for not enforcing the preliminary order. If, after the hearing, the commissioner determines
that the boiler is unsafe and that the preliminary order should be enforced, or that other
acts are necessary to make the boiler safe, the commissioner may order or confirm the
withholding of the certificate of operation for that boiler, and may impose additional
requirements as necessary for the repair or alteration of the boiler or the correction of
the unsafe conditions.
(c) The chief inspector may issue a
temporary certificate of operation for a period not to exceed 30 days pending the
completion of the replacement or repairs.
(d) This section does not limit the
commissioner's authority under Section 755.028 or 755.032.
(e) A boiler that cannot be made safe for
use shall be condemned and the use of that boiler prohibited.
' 755.042. PROSECUTION; INJUNCTION.
(a) A prosecution may not be maintained if
the issuance or renewal of a certificate of operation has been requested for a boiler but
has not been acted on. However, the
commissioner may petition a district court for an injunction to restrain the operation of
the boiler until the condition restraining its use is corrected and a certificate of
operation is issued if the commissioner determines that the operation of the boiler
without a certificate of operation constitutes a serious menace to the life and safety of
the persons in or about the premises. The
attorney general or the district or county attorney may bring the suit, and venue is in
the county in which the boiler is located or in Travis County. It is not necessary for the prosecutor to verify
the pleadings or for the state to execute a bond.
(b) The commissioner's affidavit that a
certificate of operation or an application for a certificate does not exist for a boiler,
and the affidavit of the chief inspector or a deputy inspector that the operation of the
boiler constitutes a menace to the life and safety of persons in or about the premises,
are sufficient proof to warrant the immediate issuance of a temporary restraining order.
' 755.043. GENERAL CRIMINAL PENALTY.
(a) A person, firm, or corporation commits
an offense if:
(b) the person, firm, or corporation violates this
chapter, a rule adopted under this chapter, or an order issued by the commissioner or a
regularly employed inspector authorized to enforce this chapter and rules and orders.
(c) An offense under this section is a Class
B misdemeanor.
' 755.044. (Repealed by the 72nd Legislature, 1991.)
' 755.045. NOTICE OF RULE OR ORDER REQUIRED BEFORE
PROSECUTION. A criminal action may not be
maintained against any person relating to the violation of a rule adopted or an order
issued under this chapter until the commissioner gives notice of the rule or order.
' 755.046. AFFIDAVIT OF ORDERS. An affidavit is admissible as evidence in any
civil or criminal action involving an order adopted by the commissioner and the
publication of the order, without further proof of the order's issuance or publication or
of the contents of the order, if the affidavit:
(1)
is issued under the seal of the commissioner;
(2)
is executed by the commissioner, the chief inspector, or a deputy inspector;
(3)
states the terms of the order;
(4)
states that the order was issued and published; and
(5)
states that the order was in effect during the period specified by the affidavit.
SUBCHAPTER A. GENERAL PROVISIONS
755.001. DEFINITIONS.
In this chapter:
(1) "Alteration" means a substantial change in an original design.
(2) "Board" means the board of boiler rules.
(3) "Boiler" means:
(A) a heating boiler;
(B) a nuclear boiler;
(C) a power boiler; or
(D) an unfired steam boiler.
(4) "Certificate inspection" means a boiler inspection, the report of
which is used by the chief inspector to decide whether to issue a certificate of
operation.
(5) "Certificate of operation" means a certificate issued by the
commissioner to allow the operation of a boiler.
(6) "Commissioner" means the commissioner of licensing and regulation.
(7) "Department" means the Texas Department of Licensing and
Regulation.
(8) "External inspection " means an inspection of the exterior of a
boiler and its appurtenances that is made, if possible, while the boiler is in operation.
(9) "Heating boiler " means a steam heating boiler, hot water heating
boiler, hot water supply boiler, or lined potable water heater that is directly fired with
oil, gas, solar energy, electricity, coal, or other solid or liquid fuel.
(10) "High-temperature water boiler " means a water boiler designed
for operation at pressures exceeding 160 pounds per square inch or temperatures exceeding
250 degrees Fahrenheit.
(11) "Hot water heating boiler " means a boiler designed for operation
at a pressure not exceeding 160 pounds per square inch or temperatures not exceeding 250
degrees Fahrenheit at or near the boiler outlet.
(12) "Hot water supply boiler " means a boiler designed for operation
at pressures not exceeding 160 pounds per square inch or temperatures not exceeding 250
degrees Fahrenheit at or near the boiler outlet if the boiler's:
(A) heat input exceeds 200,000 British thermal units per hour;
(B) water temperature exceeds 210 degrees Fahrenheit; or
(C) nominal water-containing capacity exceeds 120 gallons.
(13) "Inspection agency" means an authorized inspection agency
providing inspection services.
(14) "Inspector" means the chief inspector, a deputy inspector, or an
authorized inspector.
(15) "Internal inspection" means a complete and thorough inspection of
the interior of a boiler as construction allows.
(16) "Nuclear boiler" means a nuclear power plant system, including
its pressure vessels, piping systems, pumps, valves, and storage tanks, that produces and
controls an output of thermal energy from nuclear fuel and the associated systems
essential to the function of the power system.
(17) "Portable power boiler" means a boiler primarily intended for use
at a temporary location.
(18) "Power boiler" means a high-temperature water boiler or a boiler
in which steam is generated at a pressure exceeding 15 pounds per square inch.
(19) "Repair" means the work necessary to return a boiler to a safe
and satisfactory operating condition without changing the original design.
(20) "Safety Appliance" - Safety devices such as safety valves or
safety relief valves (within the jurisdictional limits of the boiler as prescribed by the
Commissioner) provided for the purpose of diminishing the danger of accidents.
(21) "Standard Boiler" - A boiler which bears a Texas stamp, the stamp
of a nationally recognized engineering professional society, such as the American Society
of Mechanical Engineers, or the stamp of any jurisdiction which has adopted a standard of
construction equivalent to that required by the Commissioner.
(22) "Steam heating boiler" means a boiler designed for operation at
pressures not exceeding 15 pounds per square inch.
(23) "Unfired steam boiler" means a steam generating system that
includes:
(A) evaporators;
(B) heat exchangers; or
(C) vessels in which steam is generated by using the heat that results from the
operation of a processing system that contains a number of pressure vessels, as used in
the manufacture of chemical and petroleum products.
SUBCHAPTER B. BOARD OF BOILER RULES
755.011. COMPOSITION OF BOARD.
(a) The Board of Boiler Rules is in the department.
(b) The board is composed of the following nine members appointed by the commissioner:
(1) three members representing persons who own or use boilers in this state;
(2) three members representing companies that insure boilers in this state;
(3) one member representing boiler manufacturers or installers;
(4) one member who is a mechanical engineer and a member of the faculty of a recognized
college of engineering in this state; and
(5) one member representing a labor union.
(c) A member must have experience with boilers. To the extent possible, at least four
members should be professional engineers registered in this state.
(d) The commissioner serves as an ex officio board member.
755.012. TERMS.
Board members serve for staggered six-year terms, with the terms of three members
expiring January 31 of each odd-numbered year.
755.013. CHAIRMAN.
The chief inspector serves as chairman of the board.
755.014. REMOVAL OF BOARD MEMBERS; VACANCY.
(a) The commissioner may remove a board member for inefficiency or neglect of official
duty.
(b) A board member's office becomes vacant on the resignation, death, suspension, or
incapacity of the member. The commissioner shall appoint, in the same manner as the
original appointment, a person to serve for the remainder of the unexpired term.
755.015. COMPENSATION.
A board member may not receive a salary but is entitled to reimbursement for actual
expenses incurred in performing board duties.
755.016. MEETINGS.
The board shall meet at least twice each year at the call of the chairman at a place
designated by the board.
755.017. POWERS AND DUTIES.
The board shall advise the commissioner in the adoption of definitions and rules
relating to the safe construction, installation, inspection, operating limits, alteration,
and repair of boilers and their appurtenances.
755.018. MAJORITY VOTE REQUIRED.
A board decision is not effective unless supported by the vote of at least five board
members.
SUBCHAPTER C. BOILER REGISTRATION AND INSPECTION
755.021. REGISTRATION AND CERTIFICATE.
Except as provided by Section 755.022, each boiler
operated in this state must:
(1) be registered with the department; and
(2) have qualified for a current certificate of operation.
755.022. EXEMPTIONS FOR CERTAIN BOILERS.
(a) This chapter does not apply to:
(1) boilers owned or operated by the federal government;
(2) pressure vessels or unfired steam boilers, other than steam drums of unfired steam
boilers; or
(3) manually fired miniature boilers that:
(A) are constructed or maintained for locomotives, boats, tractors, or stationary
engines only as a hobby for exhibition, recreation, education, or historical purposes and
not for commercial use;
(B) have an inside diameter of 12 inches or less or a grate area of two square feet or
less; and
(C) are equipped with a safety valve of adequate size, a water level indicator, and a
pressure gauge.
(b) Heating boilers used to heat buildings that are exclusively for residential use and
that have accommodations for not more than four families are exempt from Sections 755.025, 755.027, 755.029, and 755.030.
755.023. APPOINTMENT OF INSPECTORS AND OTHER PERSONNEL.
(a) The commissioner shall appoint a chief inspector of boilers to administer the
boiler program. The chief inspector must:
(1) be a resident of this state and a citizen of the United States;
(2) have at least five years' experience in the construction, installation, inspection,
operation, maintenance, or repair of boilers; and
(3) pass a written examination that demonstrates the necessary ability to judge the
safety of boilers.
(b) The chief inspector may not have a commercial interest in the manufacture,
ownership, insurance, or agency of boilers or boiler appurtenances.
(c) As needed, the commissioner shall appoint persons with qualifications similar to
those of the chief inspector to serve as deputy inspectors.
(d) The commissioner may employ clerical assistants as necessary to carry out this
chapter.
755.024. AUTHORIZED INSPECTORS; EXAMINATIONS.
(a) To be an authorized inspector, a person must obtain a commission as a boiler
inspector from the commissioner and must be continuously employed by an inspection agency.
(b) The commissioner, by written examination, shall determine the qualifications of an
applicant for a commission to be an authorized inspector.
(c) Not later than the 30th day after the date an examination is administered to an
applicant for a commission as boiler inspector, the commissioner shall notify each
examinee of the results of the examination.
(d) If an examination is graded or reviewed by a national testing service, the
commissioner shall notify examinees of the results of the examination not later than the
14th day after the date the commissioner receives the results from the testing service. If
the notice of examination results graded or reviewed by a national testing service will be
delayed for longer than 90 days after the examination date, the commissioner shall notify
the examinee of the reason for the delay before the 90th day.
(e) If requested in writing by a person who fails the examination, the commissioner
shall furnish the person with an analysis of the person's performance on the examination.
(f) After proper investigation, the commissioner may accept an inspection commission
issued to a person by any other jurisdiction that has a written examination equal to that
of this state.
(g) For good cause, the commissioner may rescind a commission issued by this state.
(h) The commissioner may recognize, prepare, or administer continuing education
programs for authorized inspectors. Participation in the programs is voluntary.
755.025. INSPECTION.
(a) The commissioner shall require each boiler to be inspected internally and
externally as provided by this section. The commissioner may provide that the inspection
be performed by any inspector.
(b) Power boilers must receive an annual certificate inspection and an annual external
inspection.
(c) Steam heating boilers and hot water heating boilers must receive a certificate
inspection biennially.
(d) Hot water supply boilers and potable water heaters must receive a certificate
inspection triennially.
(e) A portable power boiler must be inspected externally each time the boiler is moved
to a new location and must receive an internal inspection at least annually.
(f) The commissioner shall designate the manner of inspection for nuclear boilers, the
form of the inspection report, and the information to be reported. The commissioner and
the owner of a nuclear boiler shall establish the intervals of inspection for the boiler.
(g) The commissioner may authorize the inspection of a boiler
at any reasonable time if the commissioner determines that the boiler may be in an unsafe
condition. The commissioner shall notify the inspection agency that insures that boiler
and request the authorized inspector employed by that agency to participate with the chief
inspector or a deputy inspector in a joint inspection of the boiler not later than the
20th day after the date on which the commissioner notifies the inspection agency. An
additional charge may not be made for the joint inspection.
755.026. EXTENSIONS. (Amended September
1, 1997 by acts of the 75th Legislature)
(a) With the approval of the commissioner and the inspection agency that has
jurisdiction for the power boiler, the interval between internal inspections may be
extended to a period not exceeding a total of 48 months. For other unfired steam boilers,
the inspection interval may be extended to the next scheduled downtime of the boiler, but
not exceeding a total of 84 months.
(b) The interval between internal inspections of a boiler may be extended only if:
(1) continuous water treatment under competent and experienced supervision to control
and limit corrosion and deposits has been in effect since its last internal inspection;
(2) the last internal and current external inspection of the boiler indicates that the
interval may safely be extended; and
(3) accurate and complete records are available that show:
(A) that since the last internal inspection samples of boiler water have been taken or
monitored at regular intervals not exceeding 24 hours of operation and that the water
condition in the boiler is satisfactorily controlled;
(B) the dates that the boiler was out of service since the last internal inspection and
the reasons that the boiler was taken out of service; and
(C) the nature of the repairs made to the boiler and the reasons that those repairs
were made.
(c) The commissioner and the inspection agency may grant an additional extension for a
period not exceeding 120 days to the inspection interval covered by the boiler's
certificate of operation on receipt of a request for extension stating that an emergency
exists. Before the extension may be granted, the inspection agency must make an external
inspection of the boiler, and the conditions imposed under Subsection (b) must be met.
(d) If an extended period between internal inspections is approved by the commissioner
and the inspection agency, the commissioner shall issue a new certificate of operation for
the extended period of operation.
(e) If the interval between internal inspections of a gas fired boiler is extended
under Subsection (a), the commissioner and inspection agency shall require that an
inspection of the gas regulator or pressure reducing valve that services the boiler be
performed as part of the next regularly scheduled external certificate inspection of the
boiler to verify proper venting of gas to a safe point of discharge.
755.027. REPORTS BY INSPECTION AGENCY; JOINT INSPECTIONS.
(a) Not later than the 30th day after the date on which a certificate inspection is
performed by an authorized inspector, the inspection agency employing the authorized
inspector shall file a report with the commissioner stating:
(1) the condition of the boiler;
(2) the location of the boiler;
(3) the date of the inspection; and
(4) the name of the inspector.
(b) A boiler inspected by an authorized inspector is exempt from other inspections and
inspection fees under this chapter, other than an inspection authorized under Section 755.025(g).
(c) An inspection agency shall notify the commissioner in writing of the cancellation
or expiration of any insurance policy issued by that agency to cover a boiler located in
this state, and shall include in the notice the reason for the cancellation or expiration.
The notice must state the date the policy was issued and the date on which the
cancellation or expiration takes effect.
755.028. SPECIAL INSPECTIONS.
The commissioner may provide a special inspection service to the owners, operators, and
manufacturers of boilers. The service may include surveys required for certification to
construct, assemble, or repair boilers or pressure vessels.
755.029. CERTIFICATE OF OPERATION.
(a) The commissioner shall issue to the owner or operator of a boiler a certificate of
operation for the boiler if it is found after a certificate inspection to be in a safe
condition for operation.
(b) The certificate of operation is valid for not longer than the interval required for
certificate inspections of that boiler.
(c) A certificate of operation must be posted under glass in a conspicuous place on or
near the boiler for which it is issued.
755.030. FEES.
(a) In addition to the fees described by Section 12(f), Article 9100, Revised Statutes,
the commission may authorize the collection of fees for:
(1) boiler inspections, including fees for special inspections; and
(2) other activities administered by the boiler inspection section and authorized by
rule of the commissioner.
(b) The commission shall consider the advice of the board in setting the amount of a
fee for:
(1) a boiler inspection, including a fee for a special inspection;
(2) a certificate of operation;
(3) the administration of an examination under this chapter; or
(4) any other activity administered by the boiler inspection section.
(c) The fees, travel, and per diem collected under this chapter may be appropriated
only to the department.
755.031. CERTIFICATE REVOCATION.
The commissioner may revoke a certificate of operation after good cause is shown and
after notice and opportunity for a hearing on the revocation.
755.032. RULES.
(a) The commissioner may adopt and enforce rules, in accordance with standard boiler
usage, for the construction, inspection, installation, use, maintenance, repair,
alteration, and operation of boilers.
(b) The commissioner may adopt rules establishing inspection procedures for the use of
nondestructive examination equipment to comply with the inspection requirements under Section 755.025.
(c) The commissioner may exchange information, including data on experience, with other
authorities that inspect boilers to obtain information necessary to adopt rules.
(d) The commissioner or a department employee may not prescribe the make, brand, or
kind of boilers to purchase.
755.033. INTERAGENCY INSPECTION AGREEMENTS.
(a) The commissioner shall enter into interagency agreements with the Texas Department
of Health and the State Board of Insurance under which inspectors from those agencies who
discover unsafe or unregistered boilers in the course and scope of inspections conducted
as part of regulatory or safety programs administered by those agencies are required to
report the unsafe or unregistered boilers to the commissioner.
(b) The commissioner may enter analogous agreements with local fire marshals.
(c) The commissioner shall adopt rules relating to the terms and conditions of an
interagency agreement entered under this section.
SUBCHAPTER D. ENFORCEMENT AND PENALTIES
755.041. REGULATION OF UNSAFE BOILERS.
(a) If an inspection shows that a boiler is unsafe, the chief inspector or any deputy
inspector shall issue a written preliminary order requiring repairs and alterations as
necessary to make the boiler safe for use. The inspector may also order discontinuing the
use of the boiler until the repairs and alterations are made or the unsafe conditions are
remedied.
(b) On written request, an owner or operator who does not comply with a preliminary
order is entitled to a hearing before the commissioner to show cause for not enforcing the
preliminary order. If, after the hearing, the commissioner determines that the boiler is
unsafe and that the preliminary order should be enforced, or that other acts are necessary
to make the boiler safe, the commissioner may order or confirm the withholding of the
certificate of operation for that boiler, and may impose additional requirements as
necessary for the repair or alteration of the boiler or the correction of the unsafe
conditions.
(c) The chief inspector may issue a temporary certificate of operation for a period not
to exceed 30 days pending the completion of the replacement or repairs.
(d) This section does not limit the commissioner's authority under Section 755.028 or 755.032.
(e) A boiler that cannot be made safe for use shall be condemned and the use of that
boiler prohibited.
755.042. PROSECUTION; INJUNCTION.
(a) A prosecution may not be maintained if the issuance or renewal of a certificate of
operation has been requested for a boiler but has not been acted on. However, the
commissioner may petition a district court for an injunction to restrain the operation of
the boiler until the condition restraining its use is corrected and a certificate of
operation is issued if the commissioner determines that the operation of the boiler
without a certificate of operation constitutes a serious menace to the life and safety of
the persons in or about the premises. The attorney general or the district or county
attorney may bring the suit, and venue is in the county in which the boiler is located or
in Travis County. It is not necessary for the prosecutor to verify the pleadings or for
the state to execute a bond.
(b) The commissioner's affidavit that a certificate of operation or an application for
a certificate does not exist for a boiler, and the affidavit of the chief inspector or a
deputy inspector that the operation of the boiler constitutes a menace to the life and
safety of persons in or about the premises, are sufficient proof to warrant the immediate
issuance of a temporary restraining order.
755.043. GENERAL CRIMINAL PENALTY.
(a) A person, firm, or corporation commits an offense if:
(1) the person, firm, or corporation owns a boiler in this state, has the custody,
management, use, or operation of a boiler in this state, or is otherwise subject to this
chapter or a rule adopted under this chapter; and
(2) the person, firm, or corporation violates this chapter, a rule adopted under this
chapter, or an order issued by the commissioner or a regularly employed inspec
755.043. GENERAL CRIMINAL PENALTY.
1. A person, firm, or corporation commits an offense if: a. the person, firm, or
corporation owns a boiler in this state, has the custody, management, use, or operation of
a boiler in this state, or is otherwise subject to this chapter or a rule adopted under
this chapter; and b. the person, firm, or corporation violates this chapter, a rule
adopted under this chapter, or an order issued by the commissioner or a regularly employed
inspector authorized to enforce this chapter and rules and orders. 2. An offense under
this section is a Class B misdemeanor.
755.044. (Repealed by the 72nd
Legislature, 1991.)
755.045. NOTICE OF RULE OR ORDER REQUIRED BEFORE PROSECUTION.
A criminal action may not be maintained against any person relating to the violation of
a rule adopted or an order issued under this chapter until the commissioner gives notice
of the rule or order.
755.046. AFFIDAVIT OF ORDERS.
An affidavit is admissible as evidence in any civil or criminal action involving an
order adopted by the commissioner and the publication of the order, without further proof
of the order's issuance or publication or of the contents of the order, if the affidavit:
(1) is issued under the seal of the commissioner;
(2) is executed by the commissioner, the chief inspector, or a deputy inspector;
(3) states the terms of the order;
(4) states that the order was issued and published; and
(5) states that the order was in effect during the period specified by the affidavit.
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