204 - Inspection of boilers; enforcement; fees; identification; exceptions.

§  204.  Inspection  of  boilers;  enforcement;  fees; identification;  exceptions. 1. Inspection. The commissioner shall cause to be  inspected  at  least  once  every two years all boilers as defined in this section,  except for high pressure power boilers, antique  boilers  and  miniature  boilers,  which  the  commissioner  shall cause to be inspected at least  once each year, and except for boilers inspected and insured by  a  duly  authorized  insurance  company  in  accordance  with  the  provisions of  subdivision  eight  of  this  section  and  with  the   rules   of   the  commissioner.    2.  Enforcement. If upon inspection of a boiler the commissioner finds  a violation of the provisions of this section or of  the  rules  of  the  board  or  if  the  commissioner  receives notice from a duly authorized  insurance company that the owner or lessee of a boiler has failed, after  notice from the insurance company, to comply with the provisions of this  section and rules of the board, the commissioner shall issue an order to  the owner or lessee directing compliance therewith. If in  the  judgment  of  the  commissioner  the boiler is in an unsafe or dangerous condition  the commissioner shall order the use of the  boiler  discontinued  until  such  dangerous and unsafe condition has been remedied. Such order shall  be served upon the owner or lessee of the boiler, personally or by mail.    3. Fees. A fee of two hundred dollars shall be charged  the  owner  or  lessee  of each boiler internally inspected and seventy-five dollars for  each boiler externally inspected by the commissioner, provided  however,  that  the  external inspection of multiple boilers connected to a common  header or of separate systems owned or leased  by  the  same  party  and  located  in  the  same  building, with a combined input which is 300,000  BTU/hour or less, shall be charged a single inspection fee, and  further  provided  that,  not more than two hundred seventy-five dollars shall be  charged for the inspection of any one boiler for any year;  except  that  in  the  case  of  an  antique  steam  engine  maintained as a hobby and  displayed  at  agricultural  fairs  and  other  gatherings,  a  fee   of  twenty-five  dollars  only  shall be charged the owner or lessee thereof  for each boiler internally inspected by the commissioner and  a  fee  of  twenty-five  dollars  only  shall  be charged for each boiler externally  inspected by the commissioner, but not more than fifty dollars shall  be  charged  for  the  inspection  of  any one such boiler for any year, and  except that in the case of a miniature boiler a  fee  of  fifty  dollars  only  shall be charged for the inspection of any one such boiler for any  year. Such fee shall be payable within thirty days after inspection.    4. Identification of boilers; unfired pressure vessels.    a. Owners and lessees of boilers shall  attach  to  such  boilers  the  numbers assigned by the commissioner under a penalty of five dollars for  each day's failure so to do after such numbers have been assigned.    b.  Owners  and  lessees of unfired pressure vessels shall ensure that  such vessels are constructed in accordance with regulations  promulgated  by the commissioner.    5. Exceptions. The provisions of this section shall not apply:    a.  to  a  boiler subject to inspection by inspectors of steam vessels  under the department of transportation;    b. to a boiler located on a farm  and  used  solely  for  agricultural  purposes;    c.  to  a  steam  or vapor boiler operating at a gauge pressure of not  more than fifteen pounds per square inch, and  which  is  located  in  a  dwelling occupied by less than six families;    d.  to  a  hot water boiler which is located in a dwelling occupied by  less than six families;    e. to a boiler subject to inspection or control by a federal agency;f. to the boiler of a miniature model  locomotive,  boat,  tractor  or  stationary  engine  constructed  and  maintained  as a hobby and not for  commercial use, and having a volume of less than two cubic  feet  and  a  grate area not in excess of two square feet; and    g.  to any low pressure boiler with a capacity of one hundred thousand  British Thermal Units or less.    6. Definitions. a. For purposes of this  section,  the  term  "boiler"  shall mean a closed vessel in which water is heated, steam is generated,  steam  is  superheated,  or  any  combination thereof, under pressure or  vacuum for use externally to itself by  the  application  of  heat  from  combustible  fuels,  electricity,  or  any  other  source, but shall not  include a device or apparatus used solely to heat water for a hot  water  supply  system.    The term "boiler" shall include the apparatus used by  which heat is generated, and all controls and devices  related  to  such  apparatus  or to the closed vessel. The term "boiler" also shall include  fired units for heating or vaporizing liquids  other  than  water  where  these units are separate from processing systems and are complete within  themselves.    b. The term "miniature boiler" shall mean a nonelectric fired pressure  vessel  which  does  not exceed inside shell diameter of sixteen inches,  forty-two inches over-all length of  outside  to  outside  of  heads  at  center,  water  heating  surface  of  twenty  square  feet,  and maximum  allowable working pressure of one hundred pounds per square inch.    c. For the purposes  of  this  section,  the  term  "unfired  pressure  vessel"  shall  include  containers  for  the containment of internal or  external pressure which may be obtained from an external  source  or  by  the  application  of  heat  from  a  direct  or  indirect source, or any  combination thereof, provided however, that the term  "unfired  pressure  vessel" shall not include:    (1)  pressure  vessels  meeting  the requirements of the United States  department of transportation for the shipment of liquids or gases  under  pressure;    (2) air tanks used on vehicles used for carrying passengers or freight  or used directly in the operation of trains;    (3)  pressure  vessels  having  a volume of five cubic feet or less or  having an inside diameter not exceeding six inches;    (4) pressure vessels designed  for  pressures  of  less  than  fifteen  pounds per square inch;    (5)  hot  water  supply  storage tanks, provided none of the following  limitations is exceeded: (i) a heat input of two hundred thousand  BTU's  per   hour;  (ii)  a  water  temperature  of  two  hundred  ten  degrees  fahrenheit; (iii) a nominal water containing  capacity  of  one  hundred  twenty gallons;    (6) pressure vessels under federal control or regulation;    (7)  pressure vessels containing water under pressure, including those  containing air, the compression of which serves only as a cushion,  when  none of the following limitations are exceeded: (i) a design pressure of  thirty  pounds per square inch; (ii) a design temperature of two hundred  ten degrees fahrenheit; and    (8) pressure vessels used for agricultural purposes.    7. Cities. a. A city which qualifies  under  the  provisions  of  this  subdivision  shall  enforce the provisions of this section and the rules  of the board promulgated hereunder and for such purpose shall  have  the  powers  of  the  commissioner  prescribed  in  subdivision  two  of this  section. In order to so qualify, a city shall have enacted a  local  law  or  ordinance  requiring  an  inspection  of  all boilers required to be  inspected by the provisions of this section located in such city,  which  inspection  shall  be  conducted  with at least the same frequency as isrequired by this section, but in no case more often than  once  a  year.  Such  boilers shall be inspected by competent inspectors employed by the  city except boilers inspected and insured by a duly authorized insurance  company  in  accordance with the provisions of subdivision eight of this  section and with the rules of the commissioner.    b. The fee schedule contained in subdivision  three  of  this  section  shall  not  apply  within a city which qualifies under the provisions of  this subdivision. Such a city may, by local  law  or  ordinance,  impose  reasonable  fees  for the inspection of boilers by the inspecting agency  of such city.    8. Inspection  by  insurance  companies.  a.  All  boilers  which  are  inspected  by  a  duly authorized insurance company shall be exempt from  inspection by the commissioner and by cities  which  qualify  under  the  provisions  of  subdivision  seven  of this section, under the following  conditions: (1) that inspections by the insurance company are made  with  the  same  frequency as is required by this section except that, for all  such boilers located within a city which qualifies under the  provisions  of subdivision seven of this section, inspections are made with the same  frequency  as  is  required by such city; (2) that the insurance company  complies with the rules of the commissioner; (3) that the inspectors  of  the  insurance  company  hold  certificates  of competency; (4) that the  insurance company gives notice to the owner or  lessee  of  each  boiler  inspected  listing  all  violations of any provision of the rules of the  commissioner; (5) that a certified copy of the report of each inspection  is filed with the commissioner or the inspecting agency of such city, as  the case may be, within twenty-one days of the inspection, on such forms  and in such manner as required by the  commissioner  or  the  inspecting  agency  of  such  city,  as  the  case  may  be.  A  copy filed with the  commissioner shall be accompanied by a non-refundable fee of one hundred  dollars paid  for  each  boiler  inspected.  If  insurance  is  refused,  cancelled  or  discontinued for the boiler inspected the report shall so  state, together with the reasons therefor; the report  shall  also  list  any  instances  of  the  failure  of an owner or lessee of the boiler to  comply with the rules of the commissioner.    b. In order to satisfy the inspection requirements  of  this  section,  all  inspections  which  are made by duly authorized insurance companies  shall be made by inspectors whose competency has been certified  by  the  commissioner in accordance with the rules of the board. The commissioner  may,  after  a  hearing  upon notice, suspend or revoke a certificate of  competency in accordance with the rules of the board.  The  commissioner  may require reasonable cooperation from a city which qualifies under the  provisions  of subdivision seven of this section in the course of his or  her investigation into the competency of a certified inspector.    9. Members of boards. Any member  of  a  boiler  inspection  examining  board  or  other  board created pursuant to rules and regulations of the  commissioner to implement this section shall  serve  without  salary  or  other compensation.