23-485. Special inspectors; civil
liability
A. The division, upon the request of any company authorized to insure against loss
from explosion of boilers or lined hot water storage heaters in this state, may issue to
any inspector of that company a certificate as a special inspector. The division may
also, upon the request of any company operating boilers or lined hot water storage
heaters in this state, issue to any inspector of the company a certificate as a special
inspector. Before receiving a certificate, the inspector must satisfactorily pass a
written examination given by the division.
B. A certificate as a special inspector in this state shall be issued, in lieu of
such examination, if the inspector holds a certificate of competency as an inspector of
boilers or lined hot water storage heaters for a state that has a standard of examination
substantially equal to that of this state or a commission as an inspector of boilers and
pressure vessels issued by the national board of boiler and pressure vessel inspectors.
C. A certificate as a special inspector for a company operating boilers or lined
hot water storage heaters in this state shall be issued only if, in addition to meeting
the requirements of this section, the inspector is employed full time by such company and
the inspector's duties include making inspections of boilers or lined hot water storage
heaters to be used by such company and not for resale.
D. Each company employing such special inspectors, within sixty days following each
boiler certificate inspection made by the inspectors, shall file a report of the
inspection with the division upon appropriate forms. Reports of external inspections
shall not be required except when such inspections disclose that the boiler or lined hot
water storage heater is in a dangerous condition.
E. All insurance companies shall notify the division of all boilers or lined hot
water storage heaters upon which insurance is written. All insurance companies shall
also notify the division of all boilers or hot water storage heaters upon which insurance
is cancelled, not renewed or suspended because of unsafe conditions.
F. The furnishing of boiler certificate inspections, as authorized by the
commission pursuant to section 23-475, that are conducted incidental to the issuance or
renewal of boiler and machinery insurance when performed in accordance with the standards
and regulations adopted by the commission shall not subject an insurer, whether domestic
or foreign, its agents or its employees to liability for damages for any act or omission
in the course of performing inspections as provided by this section. This section does
not apply if the gross negligence of the insurer, its agent or its employee created the
condition that was the proximate cause of the injury, death or loss.
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