State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter48 > 48-722

48-722. State boiler inspector; inspection; exception;contract with authorized inspection agency; certification.(1)Except as provided in subsections(3) and (4) of this section, the state boiler inspector shallinspect or cause to be inspected at least once every twelve months all boilersrequired to be inspected by the Boiler Inspection Act to determine whetherthe boilers are in a safe and satisfactory condition and properly constructedand maintained for the purpose for which the boiler is used, except that (a)hobby boilers, steam farm traction engines, portable and stationary show engines,and portable and stationary show boilers, which are not otherwise exemptedfrom the act pursuant to section 48-726, shall be subject to inspection atleast once every twenty-four months and (b) the commissioner may, by ruleand regulation, establish inspection periods for pressure vessels of morethan twelve months, but not to exceed the inspection period recommended inthe National Board Inspection Code or the American Petroleum Institute PressureVessel Inspection Code API-510 for pressure vessels being used for similarpurposes. In order to ensure that inspections are performed in a timely manner,the department may contract with an authorized inspection agency to performany inspection authorized under the Boiler Inspection Act. If the departmentcontracts with an authorized inspection agency to perform inspections, suchcontract shall be in writing and shall contain an indemnification clause whereinthe authorized inspection agency agrees to indemnify and defend the departmentfor loss occasioned by negligent or tortious acts committed by special inspectorsemployed by such authorized inspection agency when performing inspectionson behalf of the department.(2) No boilers required to be inspected by the act shall be operatedwithout valid and current certification pursuant to rules and regulationsadopted and promulgated by the commissioner in accordance with the requirementsof the Administrative Procedure Act. The owner of any boiler installed afterSeptember 2, 1973, shall file a manufacturer's data report covering the constructionof such boiler with the state boiler inspector. Such reports shall be usedto assist the state boiler inspector in the certification of boilers. No boilerrequired to be inspected by the Boiler Inspection Act shall be operated atany type of public gathering or show without first being inspected and certifiedas to its safety by the state boiler inspector or a special inspector commissionedpursuant to section 48-731. Antique engines with boilers may be brought intothe state from other states without inspection, but inspection as providedin this section shall be made and the boiler certified as safe before beingoperated.(3) The commissioner may, by rule and regulation, waive the inspectionof unfired pressure vessels registered with the State of Nebraska if the commissionerfinds that the owner or user of the unfired pressure vessel follows a safetyinspection and repair program that is based upon nationally recognized standards.(4) A boiler that isused as a water heater to supply potable hot water and that is not otherwiseexempt from inspection under the act pursuant to section 48-726 shall be subjectto inspection at least once every twenty-four months in accordance with aschedule of inspection established by the commissioner by rule and regulation. SourceLaws 1943, c. 112, § 2(1), p. 392; R.S.1943, § 48-702; Laws 1961, c. 235, § 5, p. 698; Laws 1971, LB 886, § 1; Laws 1973, LB 481, § 1; R.S.1943, (1984), § 48-702; Laws 1987, LB 462, § 4; Laws 1995, LB 438, § 2; Laws 1997, LB 641, § 2; Laws 1998, LB 395, § 13; Laws 1999, LB 66, § 2; Laws 2007, LB226, § 2; Laws 2009, LB627, § 1. Cross ReferencesAdministrative Procedure Act, see section 84-920.