CHAPTER 26.1-22.1BOILER INSPECTION26.1-22.1-01. Definition. As used in this chapter, unless the context otherwise requires,"boiler" means a closed vessel in which water is heated, steam is generated, steam is<br>superheated, or any combination thereof, under pressure or vacuum for use externally to the<br>boiler by the direct application of heat from the combustion of fuels, or from electricity or nuclear<br>energy. The term includes fired units for heating or vaporizing liquids other than water when<br>these units are separate from processing systems and are complete within themselves.26.1-22.1-02.Chief boiler inspector, deputy inspectors-Appointment-Jurisdiction. The commissioner, as manager of the state fire and tornado fund, shall employ a<br>chief boiler inspector and deputy inspectors. The chief boiler inspector has jurisdiction over all<br>boilers in this state except as otherwise provided.26.1-22.1-03. Qualifications of chief boiler inspector - Deputy inspectors.1.No person is eligible to the office of chief boiler inspector unless that person:a.Has had at the time of the appointment at least five years' experience in the<br>construction, inspection, operation, maintenance, or repair of high pressure<br>boilers and pressure vessels as a mechanical engineer, boilermaker, steam<br>operating engineer, or boiler inspector. An applicant possessing a mechanical<br>engineering degree from an accredited school may substitute that degree for<br>two years of the five years' experience, at the discretion of the commissioner.b.Holds a commission issued by the national board of boiler and pressure vessel<br>inspectors or obtains the commission within one year after the date of<br>appointment by the commissioner.c.Is not directly or indirectly interested in the manufacture or sale of boilers or<br>steam machinery or articles used in the construction or maintenance of engines<br>or boilers.2.The commissioner shall establish qualifications for a deputy inspector which are not<br>inconsistent with the requirements of the position.26.1-22.1-04. Powers and duties of chief boiler inspector.1.The chief boiler inspector shall:a.Keep a complete record of the type, dimensions, maximum allowable working<br>pressure, age, condition, location, and date of the last-recorded internal and<br>external inspection of boilers to which this chapter applies.b.Cooperate and assist in loss prevention programs sponsored by the<br>commissioner.2.The chief boiler inspector may delegate powers and duties to any deputy inspector<br>or special inspector.26.1-22.1-05.General requirement. Every boiler in this state must be constructed,installed, and maintained according to rules adopted to implement this chapter.26.1-22.1-06. Exempt boilers - Inspection of exempt boilers. This chapter does notapply to:1.Any boiler subject to federal inspection or under federal control.Page No. 12.Any boiler located on a farm and used solely for agricultural purposes.3.Any heating boiler located in a private residence or in an apartment house of less<br>than six family units.4.Any hot water supply boiler not exceeding the following limitations:a.Input of two hundred thousand British thermal units per hour.b.Pressure of one hundred sixty pounds [72.57 kilograms] per square inch<br>[6.45 square centimeters] gauge.c.Temperature of two hundred fifty degrees Fahrenheit [121.11 degrees Celsius].5.Any portable steam cleaner commonly used in a garage.6.Any boiler of a miniature model locomotive, boat, tractor, or stationary engine design<br>constructed as a hobby, not for commercial use, having an inside diameter not<br>exceeding ten inches [25.4 centimeters] and a grate area not exceeding one and<br>one-half square feet [1393.54 square centimeters] and which is properly equipped<br>with a safety valve, water level indicator, and pressure gauge.7.Any electric boiler used as an integral part of an espresso coffee machine, provided<br>that the boiler does not exceed one and one-half cubic feet [.0566 cubic meter] in<br>water capacity, does not exceed fifty pounds per square inch [22.68 kilograms per<br>square centimeter] pressure, and is constructed, approved, or certified to the<br>American society of mechanical engineers code or to other national or international<br>standards.26.1-22.1-07. Inspection of boilers.1.The chief boiler inspector shall inspect each boiler used or proposed to be used<br>within this state.The inspection must be thorough as to the construction,installation, condition, and operation as provided by the rules adopted to implement<br>this chapter. An exempt boiler may be inspected by the chief boiler inspector when<br>the owner, the owner's agent, or the user of the boiler makes written request for<br>inspection to the commissioner.2.Each boiler of one hundred thousand pounds [45359.24 kilograms] per hour or more<br>capacity, used or proposed to be used within this state, which has internal<br>continuous water treatment under the direct supervision of a graduate engineer or<br>chemist, or one having equivalent experience in the treatment of boiler water when<br>the water treatment is for the purpose of controlling and limiting serious corrosion<br>and other deteriorating factors, and with respect to which boiler the chief boiler<br>inspector has determined that the owner or user has complied with the prescribed<br>recordkeeping requirements, must be inspected at least once every thirty-six months<br>internally while not under pressure, and at least once every twelve months externally<br>while under pressure. If a hydrostatic test is necessary to determine the safety of a<br>boiler, the test must be conducted by the owner or user of the equipment under the<br>supervision of the chief boiler inspector.The owner or user of a boiler of onehundred thousand pounds [45359.24 kilograms] per hour or more capacity desiring<br>to qualify for thirty-six-month internal inspection intervals shall keep available for<br>examination by the chief boiler inspector accurate records showing the date and<br>actual time the boiler is out of service and the reason or reasons therefor, and the<br>results of the chemical and physical analysis of the boiler water, whether from<br>laboratory analysis of samples taken at regular intervals of not more than forty-eight<br>hours or from continuous online analysers, that will adequately show the condition of<br>the water and any other elements or characteristics of the water capable of<br>producing corrosion or other deterioration of the boiler or its parts. In the event anPage No. 2inspection discloses deficiencies in equipment or in operating procedures,<br>inspections may be required once every twelve months.26.1-22.1-08. Special inspector.1.Upon written request of an employer, the commissioner may appoint as a special<br>inspector an inspector in the employ of:a.An insurance company authorized to insure boilers in this state against loss<br>from explosion;b.A company qualified by the national board of boiler and pressure vessel<br>inspectors as an accredited owner/user inspection organization; orc.A company qualified by the national board of boiler and pressure vessel<br>inspectors as an accredited authorized inspection agency.A person may not be appointed as a special inspector unless that person has<br>passed the examination prescribed by the national board of boiler and pressure<br>vessel inspectors.2.An inspection performed by a special inspector must be performed in accordance<br>with this chapter and a complete report of the inspection must be filed with the<br>commissioner in the time, manner, and form as prescribed by the commissioner.3.If a complete report is not filed by the special inspector's employer with the<br>commissioner within ninety days from the certificate due date, the chief boiler<br>inspector may make the required inspection, unless an extension of time is granted<br>by the chief boiler inspector.The special inspector's employer must pay theinspection fees as required by section 26.1-22.1-09 for a special inspection.4.The chief boiler inspector may inspect any boiler to which a special inspection<br>applies.5.The commissioner may, for cause, suspend or revoke the appointment of any<br>special inspector.26.1-22.1-09.Inspection and certificate fees.Upon completion of inspection, theowner or user of a boiler shall pay to the commissioner fees or a combination of inspection and<br>certificate fees. Inspection fees must be determined by the commissioner. Certificate fees are<br>determined by section 26.1-22.1-10.The commissioner must determine and may annuallyadjust a fee scale for the internal inspections of power boilers, internal inspections of low<br>pressure heating boilers, external inspections of all boilers, and inspection of boilers used<br>exclusively for exhibition purposes.Not more than one hundred fifty dollars may be charged or collected for any oneinspection of a boiler except for special inspections made upon request.Not more thanseventy-five dollars may be charged or collected for any one inspection of a steam traction<br>engine except for special inspections made upon request. All other inspections made by the<br>chief boiler inspector, including shop inspections and reviews and special inspections when<br>requested by the owner or user of a boiler, must be charged at a rate not to exceed three<br>hundred fifty dollars per day or two hundred dollars per half day of four hours or less, plus<br>payment for mileage, meals, and hotel expenses as allowed by sections 44-08-04 and 54-06-09,<br>except that the mileage rate for a state-owned vehicle will be the actual amount incurred by the<br>commissioner. The annual fee for the issuance of a reciprocal commission card for a special<br>inspector is twenty-five dollars and the annual fee for the issuance of a welder-qualified card is<br>ten dollars. The fee for taking an examination for a hobby boiler operating license is twenty-five<br>dollars and the fee for a hobby boiler operating license is twenty-five dollars. A hobby boiler<br>operating license issued under this section is valid for six years.Page No. 326.1-22.1-10. Certificate of inspection - Certificate to be posted. The commissionershall issue a certificate of inspection for each boiler inspected upon receipt of an inspection report<br>certifying that the boiler is in a safe condition to be operated. The commissioner shall charge a<br>fee of twenty dollars for each certificate of inspection issued as the result of inspections<br>authorized under sections 26.1-22.1-07 and 26.1-22.1-08. The fees are the liability of the owner<br>or user and must be paid in accordance with rules adopted by the commissioner. No certificate<br>may be issued for any boiler not in a safe condition to be operated or for a boiler for which the<br>inspection and certificate fees have not been paid in full. No certificate is valid for a period of<br>more than thirty-six months for power boilers described in subsection 2 of section 26.1-22.1-07,<br>and no more than twelve months for other power boilers, twelve months for steam traction<br>engines, and thirty-six months for low pressure boilers except that a two-month grace period may<br>be extended for any certificate. Upon written request from a special inspector, the chief boiler<br>inspector may issue a short-term certificate.Each certificate of inspection must be postedconspicuously under glass in the boiler room or adjacent to the boiler inspected.26.1-22.1-11. Certificate of inspection required - Penalty. No person may operate aboiler in this state without a valid certificate of inspection. A violation of this section is a class A<br>misdemeanor on the part of the owner, user, or operator of the boiler.26.1-22.1-12. Manufacturer's data report. The boiler manufacturer shall provide thecommissioner with a manufacturer's data report. When signed by an authorized inspector, this<br>data sheet together with the stamp on the boiler is the record denoting that the boiler has been<br>constructed in accordance with the rules adopted to implement this chapter.26.1-22.1-13. Disposition of funds. All funds collected and received under this chaptermust be paid to the state treasurer and deposited in the state fire and tornado fund to be used to<br>defray the costs of boiler inspections.26.1-22.1-14. Rules - Penalty for violation - Hearing. The commissioner shall adoptrules for the safe and proper installation, use, operation, and inspection of boilers and pressure<br>vessels subject to this chapter. The commissioner shall adopt rules for the licensing of operators<br>of hobby boilers used during parades, exhibitions, and threshing shows where the public is<br>invited.A fee must be charged for an operating license, for a license renewal, and for anexamination conducted to determine minimum competence. Individuals operating hobby boilers<br>within this state as of July 1, 2007, are considered acceptable for a license without additional<br>training or examination. An individual who is not a resident of this state and who holds a boiler<br>operator license or credential in another state or Canadian province is exempt from licensure as<br>a hobby boiler operator in this state. The commissioner may not issue a certificate of inspection<br>to any owner or user of a boiler who fails or refuses to comply with those rules.Thecommissioner shall revoke any certificate presently in force upon evidence that the owner or user<br>of the boiler is failing or refusing to comply with the rules.Any owner or user of a boiler may request a hearing before the commissioner withinfifteen days from service of an order refusing or revoking a certificate of inspection. It is the<br>burden of the owner or user to show cause why the certificate of inspection should not be refused<br>or revoked. If no hearing is requested within the required period, the order of the commissioner<br>becomes final and is not subject to further proceedings.Page No. 4Document Outlinechapter 26.1-22.1 boiler inspection
CHAPTER 26.1-22.1BOILER INSPECTION26.1-22.1-01. Definition. As used in this chapter, unless the context otherwise requires,"boiler" means a closed vessel in which water is heated, steam is generated, steam is<br>superheated, or any combination thereof, under pressure or vacuum for use externally to the<br>boiler by the direct application of heat from the combustion of fuels, or from electricity or nuclear<br>energy. The term includes fired units for heating or vaporizing liquids other than water when<br>these units are separate from processing systems and are complete within themselves.26.1-22.1-02.Chief boiler inspector, deputy inspectors-Appointment-Jurisdiction. The commissioner, as manager of the state fire and tornado fund, shall employ a<br>chief boiler inspector and deputy inspectors. The chief boiler inspector has jurisdiction over all<br>boilers in this state except as otherwise provided.26.1-22.1-03. Qualifications of chief boiler inspector - Deputy inspectors.1.No person is eligible to the office of chief boiler inspector unless that person:a.Has had at the time of the appointment at least five years' experience in the<br>construction, inspection, operation, maintenance, or repair of high pressure<br>boilers and pressure vessels as a mechanical engineer, boilermaker, steam<br>operating engineer, or boiler inspector. An applicant possessing a mechanical<br>engineering degree from an accredited school may substitute that degree for<br>two years of the five years' experience, at the discretion of the commissioner.b.Holds a commission issued by the national board of boiler and pressure vessel<br>inspectors or obtains the commission within one year after the date of<br>appointment by the commissioner.c.Is not directly or indirectly interested in the manufacture or sale of boilers or<br>steam machinery or articles used in the construction or maintenance of engines<br>or boilers.2.The commissioner shall establish qualifications for a deputy inspector which are not<br>inconsistent with the requirements of the position.26.1-22.1-04. Powers and duties of chief boiler inspector.1.The chief boiler inspector shall:a.Keep a complete record of the type, dimensions, maximum allowable working<br>pressure, age, condition, location, and date of the last-recorded internal and<br>external inspection of boilers to which this chapter applies.b.Cooperate and assist in loss prevention programs sponsored by the<br>commissioner.2.The chief boiler inspector may delegate powers and duties to any deputy inspector<br>or special inspector.26.1-22.1-05.General requirement. Every boiler in this state must be constructed,installed, and maintained according to rules adopted to implement this chapter.26.1-22.1-06. Exempt boilers - Inspection of exempt boilers. This chapter does notapply to:1.Any boiler subject to federal inspection or under federal control.Page No. 12.Any boiler located on a farm and used solely for agricultural purposes.3.Any heating boiler located in a private residence or in an apartment house of less<br>than six family units.4.Any hot water supply boiler not exceeding the following limitations:a.Input of two hundred thousand British thermal units per hour.b.Pressure of one hundred sixty pounds [72.57 kilograms] per square inch<br>[6.45 square centimeters] gauge.c.Temperature of two hundred fifty degrees Fahrenheit [121.11 degrees Celsius].5.Any portable steam cleaner commonly used in a garage.6.Any boiler of a miniature model locomotive, boat, tractor, or stationary engine design<br>constructed as a hobby, not for commercial use, having an inside diameter not<br>exceeding ten inches [25.4 centimeters] and a grate area not exceeding one and<br>one-half square feet [1393.54 square centimeters] and which is properly equipped<br>with a safety valve, water level indicator, and pressure gauge.7.Any electric boiler used as an integral part of an espresso coffee machine, provided<br>that the boiler does not exceed one and one-half cubic feet [.0566 cubic meter] in<br>water capacity, does not exceed fifty pounds per square inch [22.68 kilograms per<br>square centimeter] pressure, and is constructed, approved, or certified to the<br>American society of mechanical engineers code or to other national or international<br>standards.26.1-22.1-07. Inspection of boilers.1.The chief boiler inspector shall inspect each boiler used or proposed to be used<br>within this state.The inspection must be thorough as to the construction,installation, condition, and operation as provided by the rules adopted to implement<br>this chapter. An exempt boiler may be inspected by the chief boiler inspector when<br>the owner, the owner's agent, or the user of the boiler makes written request for<br>inspection to the commissioner.2.Each boiler of one hundred thousand pounds [45359.24 kilograms] per hour or more<br>capacity, used or proposed to be used within this state, which has internal<br>continuous water treatment under the direct supervision of a graduate engineer or<br>chemist, or one having equivalent experience in the treatment of boiler water when<br>the water treatment is for the purpose of controlling and limiting serious corrosion<br>and other deteriorating factors, and with respect to which boiler the chief boiler<br>inspector has determined that the owner or user has complied with the prescribed<br>recordkeeping requirements, must be inspected at least once every thirty-six months<br>internally while not under pressure, and at least once every twelve months externally<br>while under pressure. If a hydrostatic test is necessary to determine the safety of a<br>boiler, the test must be conducted by the owner or user of the equipment under the<br>supervision of the chief boiler inspector.The owner or user of a boiler of onehundred thousand pounds [45359.24 kilograms] per hour or more capacity desiring<br>to qualify for thirty-six-month internal inspection intervals shall keep available for<br>examination by the chief boiler inspector accurate records showing the date and<br>actual time the boiler is out of service and the reason or reasons therefor, and the<br>results of the chemical and physical analysis of the boiler water, whether from<br>laboratory analysis of samples taken at regular intervals of not more than forty-eight<br>hours or from continuous online analysers, that will adequately show the condition of<br>the water and any other elements or characteristics of the water capable of<br>producing corrosion or other deterioration of the boiler or its parts. In the event anPage No. 2inspection discloses deficiencies in equipment or in operating procedures,<br>inspections may be required once every twelve months.26.1-22.1-08. Special inspector.1.Upon written request of an employer, the commissioner may appoint as a special<br>inspector an inspector in the employ of:a.An insurance company authorized to insure boilers in this state against loss<br>from explosion;b.A company qualified by the national board of boiler and pressure vessel<br>inspectors as an accredited owner/user inspection organization; orc.A company qualified by the national board of boiler and pressure vessel<br>inspectors as an accredited authorized inspection agency.A person may not be appointed as a special inspector unless that person has<br>passed the examination prescribed by the national board of boiler and pressure<br>vessel inspectors.2.An inspection performed by a special inspector must be performed in accordance<br>with this chapter and a complete report of the inspection must be filed with the<br>commissioner in the time, manner, and form as prescribed by the commissioner.3.If a complete report is not filed by the special inspector's employer with the<br>commissioner within ninety days from the certificate due date, the chief boiler<br>inspector may make the required inspection, unless an extension of time is granted<br>by the chief boiler inspector.The special inspector's employer must pay theinspection fees as required by section 26.1-22.1-09 for a special inspection.4.The chief boiler inspector may inspect any boiler to which a special inspection<br>applies.5.The commissioner may, for cause, suspend or revoke the appointment of any<br>special inspector.26.1-22.1-09.Inspection and certificate fees.Upon completion of inspection, theowner or user of a boiler shall pay to the commissioner fees or a combination of inspection and<br>certificate fees. Inspection fees must be determined by the commissioner. Certificate fees are<br>determined by section 26.1-22.1-10.The commissioner must determine and may annuallyadjust a fee scale for the internal inspections of power boilers, internal inspections of low<br>pressure heating boilers, external inspections of all boilers, and inspection of boilers used<br>exclusively for exhibition purposes.Not more than one hundred fifty dollars may be charged or collected for any oneinspection of a boiler except for special inspections made upon request.Not more thanseventy-five dollars may be charged or collected for any one inspection of a steam traction<br>engine except for special inspections made upon request. All other inspections made by the<br>chief boiler inspector, including shop inspections and reviews and special inspections when<br>requested by the owner or user of a boiler, must be charged at a rate not to exceed three<br>hundred fifty dollars per day or two hundred dollars per half day of four hours or less, plus<br>payment for mileage, meals, and hotel expenses as allowed by sections 44-08-04 and 54-06-09,<br>except that the mileage rate for a state-owned vehicle will be the actual amount incurred by the<br>commissioner. The annual fee for the issuance of a reciprocal commission card for a special<br>inspector is twenty-five dollars and the annual fee for the issuance of a welder-qualified card is<br>ten dollars. The fee for taking an examination for a hobby boiler operating license is twenty-five<br>dollars and the fee for a hobby boiler operating license is twenty-five dollars. A hobby boiler<br>operating license issued under this section is valid for six years.Page No. 326.1-22.1-10. Certificate of inspection - Certificate to be posted. The commissionershall issue a certificate of inspection for each boiler inspected upon receipt of an inspection report<br>certifying that the boiler is in a safe condition to be operated. The commissioner shall charge a<br>fee of twenty dollars for each certificate of inspection issued as the result of inspections<br>authorized under sections 26.1-22.1-07 and 26.1-22.1-08. The fees are the liability of the owner<br>or user and must be paid in accordance with rules adopted by the commissioner. No certificate<br>may be issued for any boiler not in a safe condition to be operated or for a boiler for which the<br>inspection and certificate fees have not been paid in full. No certificate is valid for a period of<br>more than thirty-six months for power boilers described in subsection 2 of section 26.1-22.1-07,<br>and no more than twelve months for other power boilers, twelve months for steam traction<br>engines, and thirty-six months for low pressure boilers except that a two-month grace period may<br>be extended for any certificate. Upon written request from a special inspector, the chief boiler<br>inspector may issue a short-term certificate.Each certificate of inspection must be postedconspicuously under glass in the boiler room or adjacent to the boiler inspected.26.1-22.1-11. Certificate of inspection required - Penalty. No person may operate aboiler in this state without a valid certificate of inspection. A violation of this section is a class A<br>misdemeanor on the part of the owner, user, or operator of the boiler.26.1-22.1-12. Manufacturer's data report. The boiler manufacturer shall provide thecommissioner with a manufacturer's data report. When signed by an authorized inspector, this<br>data sheet together with the stamp on the boiler is the record denoting that the boiler has been<br>constructed in accordance with the rules adopted to implement this chapter.26.1-22.1-13. Disposition of funds. All funds collected and received under this chaptermust be paid to the state treasurer and deposited in the state fire and tornado fund to be used to<br>defray the costs of boiler inspections.26.1-22.1-14. Rules - Penalty for violation - Hearing. The commissioner shall adoptrules for the safe and proper installation, use, operation, and inspection of boilers and pressure<br>vessels subject to this chapter. The commissioner shall adopt rules for the licensing of operators<br>of hobby boilers used during parades, exhibitions, and threshing shows where the public is<br>invited.A fee must be charged for an operating license, for a license renewal, and for anexamination conducted to determine minimum competence. Individuals operating hobby boilers<br>within this state as of July 1, 2007, are considered acceptable for a license without additional<br>training or examination. An individual who is not a resident of this state and who holds a boiler<br>operator license or credential in another state or Canadian province is exempt from licensure as<br>a hobby boiler operator in this state. The commissioner may not issue a certificate of inspection<br>to any owner or user of a boiler who fails or refuses to comply with those rules.Thecommissioner shall revoke any certificate presently in force upon evidence that the owner or user<br>of the boiler is failing or refusing to comply with the rules.Any owner or user of a boiler may request a hearing before the commissioner withinfifteen days from service of an order refusing or revoking a certificate of inspection. It is the<br>burden of the owner or user to show cause why the certificate of inspection should not be refused<br>or revoked. If no hearing is requested within the required period, the order of the commissioner<br>becomes final and is not subject to further proceedings.Page No. 4Document Outlinechapter 26.1-22.1 boiler inspection
CHAPTER 26.1-22.1BOILER INSPECTION26.1-22.1-01. Definition. As used in this chapter, unless the context otherwise requires,"boiler" means a closed vessel in which water is heated, steam is generated, steam is<br>superheated, or any combination thereof, under pressure or vacuum for use externally to the<br>boiler by the direct application of heat from the combustion of fuels, or from electricity or nuclear<br>energy. The term includes fired units for heating or vaporizing liquids other than water when<br>these units are separate from processing systems and are complete within themselves.26.1-22.1-02.Chief boiler inspector, deputy inspectors-Appointment-Jurisdiction. The commissioner, as manager of the state fire and tornado fund, shall employ a<br>chief boiler inspector and deputy inspectors. The chief boiler inspector has jurisdiction over all<br>boilers in this state except as otherwise provided.26.1-22.1-03. Qualifications of chief boiler inspector - Deputy inspectors.1.No person is eligible to the office of chief boiler inspector unless that person:a.Has had at the time of the appointment at least five years' experience in the<br>construction, inspection, operation, maintenance, or repair of high pressure<br>boilers and pressure vessels as a mechanical engineer, boilermaker, steam<br>operating engineer, or boiler inspector. An applicant possessing a mechanical<br>engineering degree from an accredited school may substitute that degree for<br>two years of the five years' experience, at the discretion of the commissioner.b.Holds a commission issued by the national board of boiler and pressure vessel<br>inspectors or obtains the commission within one year after the date of<br>appointment by the commissioner.c.Is not directly or indirectly interested in the manufacture or sale of boilers or<br>steam machinery or articles used in the construction or maintenance of engines<br>or boilers.2.The commissioner shall establish qualifications for a deputy inspector which are not<br>inconsistent with the requirements of the position.26.1-22.1-04. Powers and duties of chief boiler inspector.1.The chief boiler inspector shall:a.Keep a complete record of the type, dimensions, maximum allowable working<br>pressure, age, condition, location, and date of the last-recorded internal and<br>external inspection of boilers to which this chapter applies.b.Cooperate and assist in loss prevention programs sponsored by the<br>commissioner.2.The chief boiler inspector may delegate powers and duties to any deputy inspector<br>or special inspector.26.1-22.1-05.General requirement. Every boiler in this state must be constructed,installed, and maintained according to rules adopted to implement this chapter.26.1-22.1-06. Exempt boilers - Inspection of exempt boilers. This chapter does notapply to:1.Any boiler subject to federal inspection or under federal control.Page No. 12.Any boiler located on a farm and used solely for agricultural purposes.3.Any heating boiler located in a private residence or in an apartment house of less<br>than six family units.4.Any hot water supply boiler not exceeding the following limitations:a.Input of two hundred thousand British thermal units per hour.b.Pressure of one hundred sixty pounds [72.57 kilograms] per square inch<br>[6.45 square centimeters] gauge.c.Temperature of two hundred fifty degrees Fahrenheit [121.11 degrees Celsius].5.Any portable steam cleaner commonly used in a garage.6.Any boiler of a miniature model locomotive, boat, tractor, or stationary engine design<br>constructed as a hobby, not for commercial use, having an inside diameter not<br>exceeding ten inches [25.4 centimeters] and a grate area not exceeding one and<br>one-half square feet [1393.54 square centimeters] and which is properly equipped<br>with a safety valve, water level indicator, and pressure gauge.7.Any electric boiler used as an integral part of an espresso coffee machine, provided<br>that the boiler does not exceed one and one-half cubic feet [.0566 cubic meter] in<br>water capacity, does not exceed fifty pounds per square inch [22.68 kilograms per<br>square centimeter] pressure, and is constructed, approved, or certified to the<br>American society of mechanical engineers code or to other national or international<br>standards.26.1-22.1-07. Inspection of boilers.1.The chief boiler inspector shall inspect each boiler used or proposed to be used<br>within this state.The inspection must be thorough as to the construction,installation, condition, and operation as provided by the rules adopted to implement<br>this chapter. An exempt boiler may be inspected by the chief boiler inspector when<br>the owner, the owner's agent, or the user of the boiler makes written request for<br>inspection to the commissioner.2.Each boiler of one hundred thousand pounds [45359.24 kilograms] per hour or more<br>capacity, used or proposed to be used within this state, which has internal<br>continuous water treatment under the direct supervision of a graduate engineer or<br>chemist, or one having equivalent experience in the treatment of boiler water when<br>the water treatment is for the purpose of controlling and limiting serious corrosion<br>and other deteriorating factors, and with respect to which boiler the chief boiler<br>inspector has determined that the owner or user has complied with the prescribed<br>recordkeeping requirements, must be inspected at least once every thirty-six months<br>internally while not under pressure, and at least once every twelve months externally<br>while under pressure. If a hydrostatic test is necessary to determine the safety of a<br>boiler, the test must be conducted by the owner or user of the equipment under the<br>supervision of the chief boiler inspector.The owner or user of a boiler of onehundred thousand pounds [45359.24 kilograms] per hour or more capacity desiring<br>to qualify for thirty-six-month internal inspection intervals shall keep available for<br>examination by the chief boiler inspector accurate records showing the date and<br>actual time the boiler is out of service and the reason or reasons therefor, and the<br>results of the chemical and physical analysis of the boiler water, whether from<br>laboratory analysis of samples taken at regular intervals of not more than forty-eight<br>hours or from continuous online analysers, that will adequately show the condition of<br>the water and any other elements or characteristics of the water capable of<br>producing corrosion or other deterioration of the boiler or its parts. In the event anPage No. 2inspection discloses deficiencies in equipment or in operating procedures,<br>inspections may be required once every twelve months.26.1-22.1-08. Special inspector.1.Upon written request of an employer, the commissioner may appoint as a special<br>inspector an inspector in the employ of:a.An insurance company authorized to insure boilers in this state against loss<br>from explosion;b.A company qualified by the national board of boiler and pressure vessel<br>inspectors as an accredited owner/user inspection organization; orc.A company qualified by the national board of boiler and pressure vessel<br>inspectors as an accredited authorized inspection agency.A person may not be appointed as a special inspector unless that person has<br>passed the examination prescribed by the national board of boiler and pressure<br>vessel inspectors.2.An inspection performed by a special inspector must be performed in accordance<br>with this chapter and a complete report of the inspection must be filed with the<br>commissioner in the time, manner, and form as prescribed by the commissioner.3.If a complete report is not filed by the special inspector's employer with the<br>commissioner within ninety days from the certificate due date, the chief boiler<br>inspector may make the required inspection, unless an extension of time is granted<br>by the chief boiler inspector.The special inspector's employer must pay theinspection fees as required by section 26.1-22.1-09 for a special inspection.4.The chief boiler inspector may inspect any boiler to which a special inspection<br>applies.5.The commissioner may, for cause, suspend or revoke the appointment of any<br>special inspector.26.1-22.1-09.Inspection and certificate fees.Upon completion of inspection, theowner or user of a boiler shall pay to the commissioner fees or a combination of inspection and<br>certificate fees. Inspection fees must be determined by the commissioner. Certificate fees are<br>determined by section 26.1-22.1-10.The commissioner must determine and may annuallyadjust a fee scale for the internal inspections of power boilers, internal inspections of low<br>pressure heating boilers, external inspections of all boilers, and inspection of boilers used<br>exclusively for exhibition purposes.Not more than one hundred fifty dollars may be charged or collected for any oneinspection of a boiler except for special inspections made upon request.Not more thanseventy-five dollars may be charged or collected for any one inspection of a steam traction<br>engine except for special inspections made upon request. All other inspections made by the<br>chief boiler inspector, including shop inspections and reviews and special inspections when<br>requested by the owner or user of a boiler, must be charged at a rate not to exceed three<br>hundred fifty dollars per day or two hundred dollars per half day of four hours or less, plus<br>payment for mileage, meals, and hotel expenses as allowed by sections 44-08-04 and 54-06-09,<br>except that the mileage rate for a state-owned vehicle will be the actual amount incurred by the<br>commissioner. The annual fee for the issuance of a reciprocal commission card for a special<br>inspector is twenty-five dollars and the annual fee for the issuance of a welder-qualified card is<br>ten dollars. The fee for taking an examination for a hobby boiler operating license is twenty-five<br>dollars and the fee for a hobby boiler operating license is twenty-five dollars. A hobby boiler<br>operating license issued under this section is valid for six years.Page No. 326.1-22.1-10. Certificate of inspection - Certificate to be posted. The commissionershall issue a certificate of inspection for each boiler inspected upon receipt of an inspection report<br>certifying that the boiler is in a safe condition to be operated. The commissioner shall charge a<br>fee of twenty dollars for each certificate of inspection issued as the result of inspections<br>authorized under sections 26.1-22.1-07 and 26.1-22.1-08. The fees are the liability of the owner<br>or user and must be paid in accordance with rules adopted by the commissioner. No certificate<br>may be issued for any boiler not in a safe condition to be operated or for a boiler for which the<br>inspection and certificate fees have not been paid in full. No certificate is valid for a period of<br>more than thirty-six months for power boilers described in subsection 2 of section 26.1-22.1-07,<br>and no more than twelve months for other power boilers, twelve months for steam traction<br>engines, and thirty-six months for low pressure boilers except that a two-month grace period may<br>be extended for any certificate. Upon written request from a special inspector, the chief boiler<br>inspector may issue a short-term certificate.Each certificate of inspection must be postedconspicuously under glass in the boiler room or adjacent to the boiler inspected.26.1-22.1-11. Certificate of inspection required - Penalty. No person may operate aboiler in this state without a valid certificate of inspection. A violation of this section is a class A<br>misdemeanor on the part of the owner, user, or operator of the boiler.26.1-22.1-12. Manufacturer's data report. The boiler manufacturer shall provide thecommissioner with a manufacturer's data report. When signed by an authorized inspector, this<br>data sheet together with the stamp on the boiler is the record denoting that the boiler has been<br>constructed in accordance with the rules adopted to implement this chapter.26.1-22.1-13. Disposition of funds. All funds collected and received under this chaptermust be paid to the state treasurer and deposited in the state fire and tornado fund to be used to<br>defray the costs of boiler inspections.26.1-22.1-14. Rules - Penalty for violation - Hearing. The commissioner shall adoptrules for the safe and proper installation, use, operation, and inspection of boilers and pressure<br>vessels subject to this chapter. The commissioner shall adopt rules for the licensing of operators<br>of hobby boilers used during parades, exhibitions, and threshing shows where the public is<br>invited.A fee must be charged for an operating license, for a license renewal, and for anexamination conducted to determine minimum competence. Individuals operating hobby boilers<br>within this state as of July 1, 2007, are considered acceptable for a license without additional<br>training or examination. An individual who is not a resident of this state and who holds a boiler<br>operator license or credential in another state or Canadian province is exempt from licensure as<br>a hobby boiler operator in this state. The commissioner may not issue a certificate of inspection<br>to any owner or user of a boiler who fails or refuses to comply with those rules.Thecommissioner shall revoke any certificate presently in force upon evidence that the owner or user<br>of the boiler is failing or refusing to comply with the rules.Any owner or user of a boiler may request a hearing before the commissioner withinfifteen days from service of an order refusing or revoking a certificate of inspection. It is the<br>burden of the owner or user to show cause why the certificate of inspection should not be refused<br>or revoked. If no hearing is requested within the required period, the order of the commissioner<br>becomes final and is not subject to further proceedings.Page No. 4Document Outlinechapter 26.1-22.1 boiler inspection
