650.215. Rules, promulgation--procedure.
Rules, promulgation--procedure.
650.215. 1. The board shall formulate definitions, rules andregulations for the safe construction, installation, inspection,maintenance and repair of boilers and pressure vessels in this state.
(1) The definitions, rules and regulations so formulated for newconstruction shall be based upon and, at all times, follow the generallyaccepted nationwide engineering standards, formulae and practicesestablished and pertaining to boiler and pressure vessel construction andsafety, and the board shall by resolution adopt an existing publishedcodification thereof, known as the "Boiler and Pressure Vessel Code of theAmerican Society of Mechanical Engineers", with the amendments andinterpretations thereto made and approved by the council of the society,and shall likewise adopt the amendments and interpretations subsequentlymade and published by the same authority; and when so adopted the sameshall be deemed incorporated into, and to constitute a part of, the wholeof the definitions, rules and regulations of the board. Amendments andinterpretations to the code so adopted shall be effective immediately uponbeing promulgated, to the end that the definitions, rules and regulationsshall at all times follow the generally accepted nationwide engineeringstandards.
(2) The board shall formulate rules and regulations for theinspection, maintenance and repair of boilers and pressure vessels, whichwere in use in this state prior to the date upon which the first rules andregulations under sections 650.200 to 650.290 pertaining to existinginstallations became effective, or during the twelve-month periodimmediately thereafter.
(3) The rules for inspection, maintenance and repair of installedboilers and pressure vessels shall be based upon and follow the generallyaccepted national standards as promulgated by the National Board of Boilerand Pressure Vessel Inspectors or by the ANSI/API Standard 510, PressureVessel Inspection Code, as amended, as a minimum, as it relates to boilerand pressure vessels.
2. The rules and regulations and any subsequent amendments theretoformulated by the board shall have the force and effect of law, except thatthe rules applying to the construction of new boilers and pressure vesselsshall not be so construed as to prevent the installation of such boilersand pressure vessels until twelve months after their promulgation by theboard.
3. Subsequent amendments to the rules and regulations adopted by theboard shall be permissive immediately and shall become mandatory twelvemonths after their promulgation.
4. No rule or portion of a rule promulgated under the authority ofthis chapter shall become effective unless it has been promulgated pursuantto the provisions of section 536.024, RSMo.
(L. 1984 H.B. 1060 § 4, A.L. 1990 S.B. 493 & 520, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)