§397-4  Powers and duties.  (a) 
Administration.



(1)  The department shall establish a boiler and
elevator inspection branch for the enforcement of the rules adopted under this
chapter and other duties as assigned;



(2)  The department shall:



(A)  Implement and enforce the requirements of
this chapter; and



(B)  Keep adequate and complete records of the
type, size, location, identification data, and inspection findings for boilers,
pressure systems, amusement rides, and elevators and kindred equipment required
to be inspected pursuant to this chapter;



(3)  The department shall formulate definitions and
adopt and enforce standards and rules pursuant to chapter 91 that may be
necessary for carrying out this chapter.  Definitions and rules adopted in
accordance with chapter 91 under the authority of chapter 396, prior to the
adoption of this chapter that pertain to boilers, pressure systems, amusement
rides, and elevators and kindred equipment required to be inspected pursuant to
this chapter, shall be continued in force under the authority of this chapter;



(4)  Emergency temporary standards may be adopted
without conforming to chapter 91 and without hearings to take immediate effect
upon giving public notice of the emergency temporary standards or upon another date
that may be specified in the notice.  An emergency temporary standard may be
adopted, if the director determines:



(A)  That the public or individuals are exposed
to grave danger from exposure to hazardous conditions or circumstances; and



(B)  That the emergency temporary standard is
necessary to protect the public or individuals from danger.



Emergency temporary standards shall be
effective until superseded by a standard adopted under chapter 91, but in any
case shall be effective no longer than six months;



(5)  Variances from standards adopted under this
chapter may be granted upon application of an owner, user, contractor, or
vendor.  Application for variances shall correspond to procedures set forth in
the rules adopted pursuant to this chapter.  The director may issue an order
for variance, if the director determines that the proponent of the variance has
demonstrated that the conditions, practices, means, methods, operations, or
processes used or proposed to be used will provide substantially equivalent
safety as that provided by the standards;



(6)  Permits.



(A)  The department shall issue a "permit
to operate" regarding any boiler, pressure system, amusement ride, or
elevator and kindred equipment if found to be safe in accordance with rules adopted
pursuant to chapter 91;



(B)  The department may immediately revoke any
"permit to operate" of any boiler, pressure system, amusement ride,
or elevator and kindred equipment found to be in an unsafe condition or where a
user, owner, or contractor ignores prior department orders to correct specific
defects or hazards and continues to use or operate the above mentioned
apparatus without abating the hazards or defects;



(C)  The department shall reissue a
"permit to operate" to any user, owner, or contractor who
demonstrates that the user, owner, or contractor is proceeding in good faith to
abate all nonconforming conditions mentioned in department orders and the
boilers, pressure systems, amusement rides, and elevators and kindred equipment
are safe to operate; and



(D)  The department shall establish criteria
for the periodic reinspection and renewal of the permits to operate, and may
provide for the issuance of temporary permits to operate while any noncomplying
boiler, pressure system, amusement ride, and elevator and kindred equipment are
being brought into full compliance with the applicable standards and rules
adopted pursuant to this chapter; provided that the period between an initial
safety inspection or the inspection used as a basis for the issuance of a
permit to operate, and any subsequent inspection of elevators and kindred
equipment shall not exceed one year;



(7)  No boiler, pressure system, amusement ride, or
elevator and kindred equipment which are required to be inspected by this
chapter or by any rule adopted pursuant to this chapter shall be operated,
except as necessary to install, repair, or test, unless a permit to operate has
been authorized or issued by the department and remains valid; and



(8)  The department, upon the application of any owner
or user or other person affected thereby, may grant time that may reasonably be
necessary for compliance with any order.  Any person affected by an order may
for cause petition the department for an extension of time.



(b)  Inspection and investigation.



(1)  Authorized representatives of the director shall
have the right to enter without delay during regular working hours and at other
reasonable times any place, establishment or premises in which are located
boilers, pressure systems, amusement rides, and elevators and kindred equipment
requiring inspection pursuant to this chapter.



(2)  The department shall inspect for the purpose of
insuring compliance with the purposes and provisions of this chapter any
activity related to the erection, construction, alteration, demolition or
maintenance of buildings, structures, bridges, highways, roadways, dams,
tunnels, sewers, underground buildings or structures, underground pipelines or
ducts, and other construction projects or facilities.



(3)  The department shall review plans and make
inspections, and investigations of boilers, and pressure systems, and the
premises appurtenant to each at times and at intervals determined by the
director for the purpose of insuring compliance with the purpose and provisions
of this chapter.  This section shall not apply to single family dwellings or
multiple dwelling units of less than six living units.



(4)  The department shall review plans and make
inspections, and investigations of elevators and kindred equipment and the
premises appurtenant to each at times and at intervals determined by the
director for the purpose of insuring compliance with the purposes and
provisions of this chapter.  This section shall not apply to single family
dwellings.



(5)  The department shall inspect, at least
semi-annually all mechanically or electrically operated devices considered as
major rides and used as amusement rides at a carnival, circus, fair, or
amusement park for the purpose of protecting the safety of the general public. 
This section shall not apply to any coin operated ride or mechanically or
electrically operated devices considered or known in the amusement trade as
kiddie rides.



(6)  The department may investigate accidents
involving boilers, pressure systems, amusement rides, and elevators and kindred
equipment inspected under this chapter and may issue orders and recommendations
with respect to the elimination and control of the cause factors.



(7)  The department shall have the right to question
any employer, owner, operator, agent or employee in investigation, enforcement,
and inspection activities covered by this chapter.



(8)  Any employee of the State acting within the scope
of the employee's office, employment, or authority under this chapter shall not
be liable in or made a party to any civil action growing out of the
administration and enforcement of this chapter.



(c)  Education and training.



(1)  The department may disseminate through
exhibitions, pictures, lectures, pamphlets, letters, notices, and any other
method of publicity, to owners, users, vendors, architects, contractors,
employees, and the general public information regarding boilers, pressure
systems, amusement rides, and elevators and kindred equipment required to be
inspected pursuant to this chapter.



(2)  Where appropriate, the department may undertake
programs in training and consultation with owners, users, property management
firms, vendors, architects, contractors, employees, and the general public
regarding the safety requirements of this chapter and the rules and
regulations.



(d)  Enforcement.



(1)  Whenever right of entry to a place to inspect any
boiler, pressure system, amusement ride, or elevator and kindred equipment
required by this chapter to be inspected is refused to an authorized
representative of the director, the department may apply to the circuit court
where such place exists for a search warrant providing on its face that the
wilful interference with its lawful execution may be punished as a contempt of
court.



(2)  Whenever the department finds that the
construction of or the operation of any boiler, pressure system, amusement
ride, or elevator and kindred equipment required to be inspected by this
chapter is not safe, or that any practice, means, method, operation or process
employed or used is unsafe or is not in conformance with the rules and
regulations promulgated pursuant to this chapter, the department shall issue an
order to render the construction or operation safe or in conformance with this
chapter or rules and regulations and deliver the same to the contractor, owner,
or user.  Each order shall be in writing and may be delivered by mail or in
person.  The department may in the order direct that, in the manner and within
a time specified such additions, repairs, improvements, or changes be made and
such safety devices and safeguards be furnished, provided and used as are
reasonably required to insure compliance with the purposes and provisions of
this chapter.  The owner, or user, or contractor shall obey and observe all
orders issued by the department or be subject to appropriate civil penalties.



(3)  Whenever in the opinion of the department the
condition of, or the operation of boilers, pressure systems, amusement rides,
or elevators and kindred equipment required to be inspected by this chapter, or
any practice, means, method, operation, or process employed or used, is unsafe,
or is not properly guarded or is dangerously placed, the use thereof may be
prohibited by the department, an order to that effect shall be posted prominently
on the equipment, or near the place or condition referred to in the order.  The
order shall be removed when a determination has been made by an authorized
representative of the department that the boilers, pressure systems, amusement
rides, or elevators and kindred equipment are safe and the required safeguards
or safety devices are provided.



(4)  When in the opinion of the department the
operation of boilers, pressure systems, amusement rides, or elevators and
kindred equipment, required to be inspected by this chapter or any practice,
means, method, operation or process employed or used constitutes an imminent
hazard to the life or safety of any person, or to property, the department may
apply to the circuit court of the circuit in which such boilers, pressure
systems, amusement rides, or elevators and kindred equipment are situated or
such practice, means, method, operation or process is employed for an
injunction restraining the use or operation until the use or operation is made
safe.  The application to the circuit court accompanied by an affidavit showing
that the use or operation exists in violation of a standard, rule, regulation,
variance, or order of the department and constitutes an imminent hazard to the
life or safety of any person or to property and accompanied by a copy of the
standard, rule, regulation, variance, or applicable order, shall warrant, in
the discretion of the court, the immediate granting of a temporary restraining
order.  No bond shall be required from the department as a prerequisite to the
granting of a restraining order.



(5)  The director and the director's authorized
representative shall have the same powers respecting the administering of
oaths, compelling the attendance of witnesses, the production of documentary
evidence, and examining or causing to be examined witnesses as are possessed by
the court and may take depositions and certify to official acts.  The circuit
court of any circuit upon application by the director shall have the power to
enforce by proper proceedings the attendance and testimony of any witness so
subpoenaed.  Subpoena and witness fees and mileage in such cases shall be the
same as in criminal cases in the circuit courts.  Necessary expenses of, or in
connection with, such hearings or investigations shall be payable from the
funds appropriated for expenses of administration of the department.  No person
shall be excused from attending or testifying or producing materials, books,
papers, correspondences, memoranda, and other records before the director or in
obedience to subpoena on the grounds that the testimony or evidence,
documentary or otherwise, required of the person may tend to incriminate the
person or subject the person to a penalty or forfeiture; but no individual
shall be prosecuted or subjected to any penalty or forfeiture for or on account
of any transaction, matter, or thing concerning which the individual is
compelled, after having claimed the individual's privilege against
self-incrimination, to testify or produce evidence, documentary, or otherwise,
except that such individuals so testifying shall not be exempt from prosecution
and punishment for perjury committed in so testifying.



(6)  Where a condition or practice involving any
boiler, pressure system, amusement ride, or elevator and kindred equipment
required to be inspected by this chapter could reasonably be expected to cause
death or serious physical harm, the department shall have the right,
independent of any other enforcement powers under this chapter, to:



(A)  Immediately take steps to obtain abatement
by informing the owners, users, contractors, and all persons in harms way of
such hazard by meeting, posted notice, or otherwise;



(B)  Take steps to immediately obtain abatement
through direct control or elimination of the hazard if after reasonable search,
the user, owner or contractor or their representative is not available;



(C)  Take steps to obtain immediate abatement
when the nature and imminency of the danger or hazard does not permit a search
for the owner, user, or contractor; and



(D)  Where appropriate, initiate necessary
legal proceedings to require abatement by the owner, user or contractor.



(7)  The department may prosecute, defend and maintain
actions in the name of the department for the enforcement of the provisions of
this chapter, including the enforcement of any order issued by it, the appeal
of any administrative or court decision, and other actions necessary to enforce
this chapter. [L 1980, c 19, pt of §1; gen ch 1985; am L 1998, c 2, §96 and c
142, §3; am L 2000, c 246, §1; am L 2002, c 216, §2]