40.1-51.10 - Right of access to premises; certification and recertification; inspection requirements.
§ 40.1-51.10. Right of access to premises; certification and recertification;inspection requirements.
A. The Commissioner, his agents or special inspectors shall have free access,during reasonable hours to any premises in the Commonwealth where a boiler orpressure vessel is being constructed, operated or maintained, or is beinginstalled to conduct a variance review, an owner-user inspection agencyaudit, an emergency repair review, an accident investigation, a violationfollow-up, and a secondhand or used boiler review for the purpose ofascertaining whether such boiler or pressure vessel is being constructed,operated or maintained in accordance with this chapter.
B. On and after January 1, 1973, no boiler or pressure vessel used orproposed to be used within this Commonwealth, except boilers or pressurevessels exempted by this chapter, shall be installed, operated or maintainedunless it has been inspected by the Commissioner, his agents or specialinspectors as to construction, installation and condition and shall becertified. A fee as set under subsection A of § 40.1-51.15 shall be chargedfor each inspection certificate issued. In lieu of such fees both forcertification and recertification, an authorized owner-user inspection agencyshall be charged annual filing fees as set under subsection A of § 40.1-51.15.
C. Recertification shall be required as follows:
1. Power boilers and high pressure, high temperature water boilers shallreceive a certificate inspection annually and shall also be externallyinspected annually while under pressure if possible;
2. Heating boilers shall receive a certificate inspection biennially;
3. Pressure vessels subject to internal corrosion shall receive a certificateinspection biennially;
4. Pressure vessels not subject to internal corrosion shall receive acertificate inspection at intervals set by the Board, but internal inspectionshall not be required of pressure vessels, the content of which are known tobe noncorrosive to the material of which the shell, heads or fittings areconstructed, either from the chemical composition of the contents or fromevidence that the contents are adequately treated with a corrosion inhibitor,provided that such vessels are constructed in accordance with the rules andregulations of the Board;
5. Nuclear vessels within the scope of this chapter shall be inspected andreported in such form and with such appropriate information as the Boardshall designate;
6. A grace period of two months beyond the periods specified in subdivisions1, 2, 3 and 4 of this subsection may elapse between certificate inspections.The Chief Inspector may extend a certificate for up to three additionalmonths beyond such grace period subject to a satisfactory external inspectionof the object and receipt of a fee as set under subsection A of § 40.1-51.15for each month of inspection beyond the grace period.
D. Inspection requirements for operating equipment shall be in accordancewith generally accepted practice and compatible with the actual serviceconditions and shall include but not be limited to the following criteria:
1. Previous experience, based on records of inspection, performance andmaintenance;
2. Location, with respect to personnel hazard;
3. Qualifications and competency of inspection and operating personnel;
4. Provision for related safe operation controls; and
5. Interrelation with other operations outside of the scope of this chapter.
E. Based upon documentation of such actual service conditions by the owner oruser of the operating equipment, the Board may, in its discretion, permitvariations in the inspection requirements as provided in this section.
F. If, at the discretion of the Commissioner, a hydrostatic test shall bedeemed necessary, it shall be made by the owner or user of the boiler orpressure vessel.
G. All boilers, other than cast iron sectional boilers, and pressure vesselsto be installed in this Commonwealth after the six-month period from the dateupon which the rules and regulations of the Board shall become effectiveshall be inspected during construction as required by the applicable rulesand regulations of the Board.
H. Ninety-one days after expiration of a certificate for any boiler orpressure vessel subject to this section, the Commissioner may assign an agentor special inspector to inspect such boiler or pressure vessel, and its owneror operator shall be assessed a fee for such inspection. The fee shall beestablished in accordance with subsection A of § 40.1-51.15.
(1972, c. 237; 1974, c. 195; 1976, c. 288; 1986, c. 266; 1988, c. 289; 1992,c. 3; 1993, c. 544; 1995, c. 97; 1997, c. 212; 2005, c. 387.)