23-471. Definitions In this article, unless the context otherwise requires: 1. " Authorized representative" means the boiler chief and boiler inspector employed by the division. 2. " Boiler" means a closed vessel in which water or other liquid is heated, steam or vapor is generated or steam or vapor is superheated, or any combination thereof, […]
23-472. Administration The division shall administer the provisions of this article.
23-473. Owner’s and operator’s duty Every owner or operator of any boiler, pressure vessel or lined hot water heater shall: 1. Furnish, maintain and provide safe and adequate boilers, pressure vessels or lined hot water heaters. 2. Comply with all standards and regulations issued pursuant to this article.
23-474. Duties of commission The commission shall: 1. Administer this article through the division of occupational safety and health. 2. Adopt standards and regulations pursuant to section 23-475 and adopt other rules as are necessary. 3. Exercise other powers as are necessary to carry out the duties and requirements of this article.
23-475. Duties of division The division shall: 1. Certify special inspectors as provided in section 23-485. 2. Inspect boilers, pressure vessels and lined hot water heaters under this article, except that beginning on July 1, 2017 the division may not inspect boilers, pressure vessels and lined hot water heaters. 3. Establish a schedule to require […]
23-476. Safety standards and regulations A. Safety standards and regulations shall be formulated in the following manner: 1. The division shall either propose adoption of national consensus standards or federal standards or draft such regulations as it considers necessary after conducting sufficient investigation through the division’s employees and through consultation with the boiler advisory board […]
23-477. Notice requesting investigation A. Any person may make a request for an investigation by the division into alleged violations of section 23-473 by giving notice to the director or the director’s authorized representative of such violation or danger. Such notice shall be reduced to writing, set forth with reasonable particularity the grounds for the […]
23-478. Enforcement A. If the division, following an inspection or investigation determines that there is reasonable cause to believe that there exists a violation of a standard or regulation the division shall issue a notice of violation directing any repairs, improvements, changes or additions necessary to eliminate the hazard. Each notice of violation shall be […]
23-479. Hearing rights and procedures A. Any interested party may request a hearing before the commission to contest the notice of violation issued pursuant to this article. B. A request for hearing shall be made in writing, signed by or on behalf of the interested party and include such party’s address. The request shall also […]
23-480. Decisions of administrative law judge; contents; disposition and effect A. Upon the conclusion of any hearing, or prior to the conclusion with concurrence of the parties, the administrative law judge shall, not later than thirty days after the matter is submitted for decision, determine the matter and make a decision in accordance with his […]
23-481. Decision upon review A. The request for review of an administrative law judge decision need only state that the party requests a review of the decision. The request may be accompanied by a memorandum of points and authorities, in which event any other interested party shall have fifteen days from the date of filing […]
23-482. Time for compliance with order; extension of time; effect of orders A. The commission shall, upon application of any employer, grant such time as reasonably necessary for compliance with an order. A person may petition the commission for an extension of time to comply with an order, which the commission shall grant if it […]
23-483. Petition for special action to review lawfulness of decision, order or decision upon review; procedure A. Any party affected by a decision of the commission or by a decision upon review pursuant to section 23-481 may apply to the court of appeals by a petition for special action to review the lawfulness of the […]
23-484. Nonimpairment of other agencies Nothing contained in this article shall in any way impair the authority or responsibility of political subdivisions of this state with regard to the local enforcement of licensing, safety or police regulation authorized by local ordinance or state law if, upon determination by the commission, the enforcement program employed by […]
23-485. Special inspectors; civil liability A. The division, on the request of any company that has received a certificate of accreditation from either the national board of boiler and pressure vessel inspectors or the American society of mechanical engineers as an authorized inspection agency or an owner-user inspection organization, may issue to any inspector of […]
23-486. Boiler advisory board; members; terms; meetings A. The boiler advisory board is established to assist the commission in drafting standards and regulations for boilers, pressure vessels and lined hot water heaters. The boiler advisory board consists of the following members who are appointed by the commission: 1. One member who represents the boiler, pressure […]
23-487. Political subdivision jurisdiction This article shall apply to any political subdivisions of this state except those political subdivisions having boiler inspection regulations equal to those of this state at the time this article becomes effective.
23-488. Division inspection service A. The division may enter into agreements to provide inspection services during the manufacture, assembly, erection, or repair of boilers, pressure vessels, lined hot water heaters or any appurtenant components to such boilers, pressure vessels or heaters whenever such inspections are requested by holders of authorized symbols of American society of […]
