Sec. W-1. 5 MRSA §12004-A, sub-§7, as amended by PL 1995, c. 560, Pt. H, §14 and affected by §17, is further amended to read:
Sec. W-2. 32 MRSA c. 131 is amended by repealing the chapter headnote and enacting the following in its place:
CHAPTER 131
BOARD OF BOILERS AND PRESSURE VESSELS
Sec. W-3. 32 MRSA §15101, sub-§§2, 3 and 4, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, are amended to read:
2. Authorized inspector. "Authorized inspector" means a person holding a certificate of authority license to inspect boilers and pressure vessels within this State issued under section 15107 15108-A or a person, employed by a company licensed to insure boilers and pressure vessels in this State, holding a certificate to inspect boilers and pressure vessels within this State issued under section 15120.
3. Board. "Board" means the Board of Boiler Rules Boilers and Pressure Vessels.
4. Chief inspector. "Chief inspector" means the Chief Inspector of Boilers and Pressure Vessels approved under section 15106.
Sec. W-4. 32 MRSA §15102, sub-§2, ¶J, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, is amended to read:
J. Pressure vessels that do not exceed:
(1) Five cubic feet in volume and or 250 pounds per square inch gauge pressure;
(2) One and 1/2 cubic feet in volume and 600 pounds per square inch gauge pressure; or
(3) An inside diameter of 6 inches with no limitation on pressure; or
Sec. W-5. 32 MRSA §15103, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, is amended to read:
§15103. Board of Boilers and Pressure Vessels
1. Membership. The Board of Boiler Rules Boilers and Pressure Vessels, as established by Title 5, section 12004-A, subsection 7, consists of 7 members appointed by the Governor. Of these 7 appointed members, 2 must be representatives of labor within this State who are boilermakers or have boiler licenses, one must be a representative of the owners and users of steam boilers within this State, one must be a representative of the boiler manufacturers within this State, one must be a representative of the operating steam engineers in this State, one must be a representative of a boiler inspection and insurance company licensed to do business within the State and one must be a representative of the public. The board shall annually elect a chair from its membership. Appointments are for 3-year terms. Appointments of members must comply with section 60. A member may be removed by the Governor for cause.
2. Compensation. The members of the board are entitled to compensation according to the provisions of Title 5, chapter 379.
3. Meetings. The board shall meet at least twice yearly once a year to conduct its business and to elect a chair. Additional meetings may be held as necessary to conduct the business of the board and may be convened at the call of the chair or a majority of the board members. Four members of the board constitute a quorum for all purposes. The board shall keep records and minutes necessary to the ordinary dispatch of its function.
4. Records. The board shall keep a complete record of the type, dimensions, age, conditions, pressure allowed upon, location and date of last inspection of all boilers and pressure vessels to which this chapter applies.
Sec. W-6. 32 MRSA §15104, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, is repealed.
Sec. W-7. 32 MRSA §15104-A is enacted to read:
The board shall administer, coordinate and enforce the provisions of this chapter and has the following powers and duties in addition to those otherwise set forth in this chapter.
1. Rules. The board shall, in accordance with Title 5, chapter 375, adopt rules for the safe and proper construction, installation, repair, use and operation of boilers and pressure vessels in this State. The rules must conform as nearly as practicable to the code.
The board shall publish and distribute among boiler manufacturers and others requesting them copies of the rules adopted by the board at a cost sufficient only to cover the printing and mailing expenses of distribution.
2. Hearings. Hearings may be conducted by the board to assist with investigations, to determine whether grounds exist for suspension, revocation or denial of a license or as otherwise considered necessary to the fulfillment of its responsibilities under this chapter.
The board may not refuse to renew a license for any reason other than failure to pay a required fee, unless it has afforded the licensee an opportunity for an adjudicatory hearing. The board shall hold an adjudicatory hearing at the written request of any person who is denied a license without a hearing for any reason other than failure to pay a required fee, as long as the request for a hearing is received by the board within 30 days of the applicant's receipt of written notice of the denial of the applicant's application, the reasons for the denial and the applicant's right to request a hearing. Hearings must be conducted in conformity with Title 5, chapter 375, subchapter IV to the extent applicable. The board may subpoena witnesses, records and documents in any hearing it conducts.
3. Contracts. The board may enter into contracts to carry out its responsibilities under this chapter.
Sec. W-8. 32 MRSA §15105, 2nd ¶, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, is amended to read:
Unless otherwise exempt, all new boilers and pressure vessels to be installed must be inspected during construction by an inspector authorized to inspect boilers in this State, or, if constructed outside the State, by an inspector holding a certificate of authority license from the chief inspector of this State or an inspector who holds a certificate of inspection issued by the National Board of Boiler and Pressure Vessel Inspectors, or its successor organization.
Sec. W-9. 32 MRSA §15106, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, is amended to read:
§15106. Chief and deputy inspectors
The commissioner shall appoint, with the approval of the Governor, and may remove for cause when so appointed, a citizen of this State person to be Chief Inspector of Boilers chief inspector at any time the office may become vacant. The Chief Inspector of Boilers must have, at the time of the appointment, not fewer than 5 years' practical experience with steam boilers as a steam engineer, mechanical engineer, boilermaker or boiler inspector, and must have passed the same kind of an examination as that prescribed for deputy and authorized inspectors in section 15107.
The commissioner may likewise hire deputy inspectors as necessary to carry out this chapter from among applicants who have successfully passed the examination provided for in section 15107.
Sec. W-10. 32 MRSA §§15107 and 15108, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, are repealed.
Sec. W-11. 32 MRSA §§15108-A and 15108-B are enacted to read:
§15108-A. Boiler and pressure vessel inspectors
The board shall issue a license to any person who files an application and meets the qualifications as specified by rule. The fee for issuing a license as a boiler inspector must be set by the board, but may not exceed $50 per year. The application fee may not exceed $25. The board shall issue a license to any person who files an application and holds a certificate as an inspector of steam boilers from a state that has a standard of licensing equal to that of this State or a certification from the National Board of Boiler and Pressure Vessel Inspectors, or its successor organization.
§15108-B. Investigations of complaints; revocation of license
1. Investigations. The board shall investigate or cause to be investigated all complaints made to it and all cases of noncompliance with or violation of this chapter. Any person may register a complaint of fraud, deceit, gross negligence, incompetency or misconduct against any person licensed or required to be licensed under this chapter. These complaints must be in writing, sworn to by the person making them and filed with the Office of Licensing and Registration.
2. Suspension; revocation. The board may suspend or revoke a license pursuant to Title 5, section 10004. The board may refuse to issue or renew a license or the Administrative Court may suspend or revoke a license of any licensed person or applicant who is found guilty of:
A. The practice of fraud or deceit in obtaining a license;
B. Any gross negligence, incompetency or misconduct in the licensee's job performance;
C. Operating or being in charge of a plant while under the influence of intoxicating beverages or narcotic drugs;
D. Suffering from physical or mental incapacity of such nature as would jeopardize physical property or lives in the exercise of the license;
E. Operating or having charge of a plant over which the licensee or applicant lacked authority;
F. Violating any provisions of this chapter or any rule of the board; or
G. Conviction of a crime, subject to the limitations of Title 5, chapter 341.
Sec. W-12. 32 MRSA §15109, sub-§3, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, is amended to read:
3. Issuance of license. The board shall issue a license to an applicant in the grade for which the committee certifies to the board that requested, if the applicant has satisfactorily met the examination and other requirements of this section.
A. A license is valid for 3 years from the date of issuance. A license must designate the name of the holder, the license number, the grade of license, the issuing date and the expiration date. Any license issued under this section chapter is automatically renewable upon payment of the renewal fee as set forth in this section chapter. The expiration dates for licenses issued under this chapter may be established at such other times as the commissioner may designate. The board shall notify everyone registered under this chapter of the date of expiration of the license and the fee required for its renewal for a 3-year period. The notice must be mailed to the person's last known address at least 30 days in advance of the expiration date of the license.
A license may be renewed up to 90 days after the date of its expiration upon payment of a late fee of $10 in addition to the renewal fee. Any person who submits an application for renewal more than 90 days after the license expiration date is subject to all requirements governing new applicants under this chapter, except that the board may in its discretion, giving due consideration to the protection of the public, waive examination or other requirements. The board may levy penalties for nonrenewal. Notwithstanding any other provision of this chapter, the board shall waive examination if a renewal application is made within 90 days after separation from the United States Armed Forces, under conditions other than dishonorable, by a person who has failed to renew that person's license because that person was on active duty in the Armed Forces; except that the waiver of examination may not be granted if the person served more than 4 years in the Armed Forces, except if that person is required by some mandatory provision to serve a longer period and that person submits satisfactory evidence of this mandatory provision to the board.
B. The license certificate must be displayed in plain view in the plant where the licensee is employed.
C. The committee board shall certify to the board as eligible determine the eligibility for a license licensure of any applicant who holds a current stationary steam engineering license issued by the proper authority of any state, territory or possession of the United States, the District of Columbia or Canada that has requirements equal to those of this State and recognizes the license issued by this State without further examination. The committee board shall certify to the board as eligible for a license any applicant who holds a current Canadian marine or United States Coast Guard marine engineer's license and who has worked as a boiler engineer or operator 3 of the last 5 years prior to application. The applicant bears the burden of proving those matters necessary for a license based on reciprocity.
Sec. W-13. 32 MRSA §15109, sub-§4, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, is repealed.
Sec. W-14. 32 MRSA §15109, sub-§5, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, is amended to read:
5. Examination committee. The An examination committee must may be appointed by the board and consists of 5 members, one of whom must be a member of the board, one of whom must be an authorized boiler inspector employed by an insurance carrier licensed to do business in this State, one of whom must be appointed from the public at large and who must be knowledgeable in matters dealing with plant operation, one of whom must have charge of plants and one of whom must be an operator of plants. The secretary of the committee is the chief inspector or a duly appointed designee. The members are appointed for a term of 5 years and until their successors are appointed and duly qualified.
Sec. W-15. 32 MRSA §15109, sub-§5-A is enacted to read:
5-A. Examination committee; duties. The examination committee may cause all examinations required under this section to be conducted and may certify qualifying applicants to the board for issuance of licenses.
Sec. W-16. 32 MRSA §15109, sub-§6, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, is repealed.
Sec. W-17. 32 MRSA §15109, sub-§6-A is enacted to read:
6-A. Examinations. Applicants for licensure shall present to the board a written application for examination, containing such information as the board may require, accompanied by a required fee as set forth by board rules. Examinations must be in whole or in part in writing and of a thorough and practical character commensurate with the responsibilities of the prospective license holder.
The board shall establish by rule cutoff dates for applications for examination.
The passing grade on any examination may not be less than 70%. A candidate failing one examination may apply for reexamination, which may be granted upon payment of a fee established by the board.
Sec. W-18. 32 MRSA §15109, sub-§7, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, is amended to read:
7. Class of license. There must be 2 grades of boiler operator's license and 4 classes of engineering licenses as set out in this subsection.
A. The holder of a low pressure heating boiler operator's license may operate a heating plant covered by this chapter with steam boilers not exceeding 15 psi or hot water and hot water supply boilers not exceeding 160 psi or 250 degrees Fahrenheit, or both.
B. The holder of a high pressure boiler operator's license may operate, supervise or have charge of a heating plant having a capacity of not more than 20,000 #/HR or operate or supervise a plant up to the capacity of the license of the engineer in charge of the plant in which the licensee is employed. The applicant for a high pressure boiler operator's license must have 6 months' operating experience prior to examination under a boiler operator's training permit. The board shall issue a permit for the purpose of gaining that experience. Such a permit must be limited to a specified plant and must be limited to one year. The board may extend the permit for a period not to exceed one year under unusual circumstances. The cost of a boiler operator's training permit may not exceed $20. The board may allow the owner of a small plant to sit for the high pressure boiler operator's examination without first obtaining a boiler operator's training permit.
C. The holder of a 4th-class engineer's license may have charge of a plant of not more than 50,000 #/HR or operate or supervise a plant up to the capacity of the license of the engineer in charge of the plant in which the licensee is employed. An applicant for a 4th-class engineer's license must be a high school graduate or have equivalent education and at least one year of operating or supervising experience under a duly licensed engineer having charge of a plant. An applicant for a 4th-class engineer's license must have at least one year operating or supervising experience as a high pressure boiler operator.
D. The holder of a 3rd-class engineer's license may have charge of a plant of not more than 100,000 #/HR or operate or supervise a plant up to the capacity of the license of the engineer in charge of the plant in which the licensee is employed. An applicant for a 3rd-class engineer's license must have at least one year operating or supervising experience as a 4th-class engineer.
E. The holder of a 2nd-class engineer's license may have charge of a plant of not more than 200,000 #/HR or operate or supervise a plant up to the capacity of the license of the engineer in charge of the plant in which the licensee is employed. An applicant for a 2nd-class engineer's license must have at least 2 years operating or supervising experience as a 3rd-class engineer.
F. The holder of a first-class engineer's license may operate, supervise or have charge of a plant of unlimited steam capacity. An applicant for a first-class engineer's license must have at least 2 years operating or supervisory experience as a 2nd-class engineer.
G. One year of schooling in the field of boiler operation in a school approved by the board is equivalent to 6 months of operating experience. The board may conduct an accreditation review of the technical school. The cost of the accreditation review must be paid by the technical school and may not exceed $500.
H. In the event of a lack of qualified personnel in the plant in which the applicant is employed, the committee board may waive the operating experience requirements of the applicant for examination for the next higher grade of license. Any such license issued must be limited to that plant.
I. Notwithstanding the provisions of this subsection, the examining committee board may permit an applicant to take the examination for a license if, in the committee's board's opinion, the experience or educational qualifications, or both, of the applicant are equivalent to the operating experience required by this subsection.
Sec. W-19. 32 MRSA §15109, sub-§9, ¶¶C and D, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, are amended to read:
C. A late fee not to exceed $75 on all renewals for which the board receives a renewal application up to 2 years after the expiration of the license; and
D. Examination fee for engineers and operators, $50.; and
Sec. W-20. 32 MRSA §15109, sub-§9, ¶E is enacted to read:
E. Application fee, $25.
Sec. W-21. 32 MRSA §15110, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, is amended by adding at the end a new paragraph to read:
The board may conduct a welding test facility review. The cost of that review must be paid by the welding test facility and may not exceed $500.
Sec. W-22. 32 MRSA §15111, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, is amended to read:
§15111. Operation of condemned vessels
A boiler or pressure vessel that has been condemned for further use in this or any other state by an authorized a licensed boiler inspector employed by an insurance company or by an inspector authorized to inspect boilers by a state or the Federal Government may not be installed or operated in this State.
Sec. W-23. 32 MRSA §15113, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, is amended by inserting after the 2nd paragraph a new paragraph to read:
The board may conduct shop inspections. The cost of the shop inspection must be paid by the shop and may not exceed $3,000.
Sec. W-24. 32 MRSA §15114, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, is amended to read:
It is unlawful for any person, firm, partnership or corporation to operate under pressure in this State a boiler or pressure vessel to which this chapter applies without a valid inspection certificate as provided in this chapter. The operation of a boiler or pressure vessel without an inspection certificate constitutes a Class E crime on the part of the owner or user of the boiler or pressure vessel and is punishable by a fine of not more than $100 or by imprisonment for not more than 30 days, or by both.
Sec. W-25. 32 MRSA §15115, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, is amended to read:
If an emergency affecting public safety and welfare exists, the board may authorize the chief inspector to issue a temporary inspection certificate for a period not exceeding 6 months after an inspection certificate has expired. A temporary inspection certificate may be issued without an internal inspection being made. If the boiler or pressure vessel is insured, the temporary inspection certificate may not be issued until recommended in writing by the authorized inspector of the company insuring the boiler or pressure vessel and by the chief inspector or one of the deputies; or, if the boiler or pressure vessel is not insured, the temporary inspection certificate must be recommended in writing by at least 2 authorized state inspectors. The provisions as to posting of the inspection certificate apply to the temporary inspection certificate.
Sec. W-26. 32 MRSA §15116, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, is amended to read:
When a boiler or pressure vessel is insured and inspected by a duly accredited insurance company licensed to do business in this State, a copy of the record of each internal inspection of the boiler or pressure vessel must be filed with the board.
When an insurance company cancels insurance upon any boiler or pressure vessel requiring inspection under section 15117 that is not exempt under section 15102 or the policy expires and is not renewed, notice must immediately be given to the board. An insurance company shall notify the board immediately upon insuring a boiler or pressure vessel pursuant to this section.
Sec. W-27. 32 MRSA §15117, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, is amended to read:
§15117. Inspection required; certificates issued
Each boiler or pressure vessel used or proposed for use within this State, except boilers or pressure vessels exempt under section 15102, must be thoroughly inspected by the chief inspector or one of the deputy inspectors or authorized inspectors, as to its design, construction, installation, condition and operation. The board shall adopt rules pursuant to the Maine Administrative Procedure Act specifying the method and frequency of inspection. When any boiler or pressure vessel inspected as specified by the board is found to be suitable and to conform to the rules of the board, the chief inspector shall issue to the owner or user of that boiler or pressure vessel, upon payment of a fee to the board, an inspection certificate for each boiler or pressure vessel. The fee must be set by the board and may not exceed $100. Inspection certificates must specify the maximum pressure that the boiler or pressure vessel inspected is allowed to carry. The inspection certificate may be valid for not more than 14 months from its date and must be posted under glass in the engine or boiler room containing the boiler or pressure vessel or an engine operated by it or, in the case of a portable boiler, in the office of the plant where it is temporarily located.
In accordance with the provisions of the Maine Administrative Procedure Act, the chief inspector or any deputy inspector may at any time suspend an inspection certificate when, in the inspector's opinion, the boiler or pressure vessel for which it was issued may not continue to be operated without menace to the public safety. An authorized A licensed inspector has corresponding powers with respect to inspection certificates for boilers and pressure vessels insured by the company employing the inspector. This suspension must continue pending decision on the board's application with the Administrative Court for a temporary suspension pursuant to Title 4, section 1153.
Sec. W-28. 32 MRSA §15118, first ¶, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, is amended to read:
The owner or user of each boiler or pressure vessel required by this chapter to be inspected by the chief inspector or a deputy inspector, shall pay the inspector upon inspection a fee or fees to be determined by the board. Not more than $500 may be collected for the inspection of any one boiler or pressure vessel made in any one year, unless additional inspections are required by the owners or users of the boiler or pressure vessel or unless the boiler or pressure vessel has been inspected and an inspection certificate has been refused, withheld or withdrawn or unless an additional inspection is required because of the change of location of a stationary boiler or pressure vessel. The nature and size of miniature boilers or pressure vessels to be inspected may be determined by the board.
Sec. W-29. 32 MRSA §15119, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, is amended to read:
§15119. Powers of chief inspector
The chief inspector may:
1. Free access to premises. Have free access for the chief inspector or a deputy or deputies deputy inspectors during reasonable hours to any premises in the State where a boiler or pressure vessel is built or where a boiler or pressure vessel or power plant apparatus is being installed or operated, for the purpose of ascertaining whether the boiler or pressure vessel is built, installed and operated in accordance with this chapter;
2. Inspection certificates. Issue, suspend and revoke inspection certificates allowing boilers or pressure vessels to be operated, as provided in sections 15115 and 15117, and as provided in the Maine Administrative Procedure Act; and
3. Enforce laws and rules. Enforce the laws of the State governing the use of boilers and pressure vessels and enforce the rules of the board; and.
4. Examinations and certificates of competency. Hold examinations and issue certificates of competency to inspectors who have successfully passed such examinations.
Sec. W-30. 32 MRSA §15120, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, is amended to read:
§15120. Licensed inspectors; duties
In addition to any deputy or authorized boiler inspectors certified and appointed under sections section 15106 and 15107, the board shall, upon the request of any company authorized to insure against loss from explosion of boilers or pressure vessels in this State, issue to the boiler inspectors of the company certificates of authority as authorized licensed inspectors. Each inspector before receiving a certificate of authority must pass satisfactorily the examination provided for in section 15107 or, in lieu of such an examination, hold a certificate as an inspector of steam boilers for a state that has a standard of examination equal to that of this State or a certificate from the National Board of Boiler and Pressure Vessel Inspectors, or its successor organization. Authorized Licensed inspectors are not entitled to receive a salary from, nor may any of their expenses be paid by, the State. The continuance of an authorized a licensed inspector's certificate is conditioned upon the authorized licensed inspector continuing in the employ of a boiler inspection and insurance company duly authorized and upon maintenance of the standards imposed by this chapter. Authorized Licensed inspectors shall inspect all boilers insured by their respective companies, and the owners or users of those insured boilers are exempt from the payment of the fees provided for in section 15118. Each company employing authorized licensed inspectors shall, within 30 days following each annual internal inspection made by the inspectors, file a report of the inspection with the chief inspector.
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