AN ACT to regulate the construction, installation, repair, use and
operation of boilers and pressure vessels, and to create a Board of Boiler and
pressure Vessel Rules.
3201. Citation of Act - Application
1. This Act shall be known and may be cited as the "Boiler and
Pressure Vessel Safety Act", and, except as otherwise provided shall apply to
fired and unfired steam boilers, hot water supply boilers and pressure
vessels.
3202. Board of Boiler and Pressure Vessel Rules
2. (a) There is created within the Office of the State Fire Marshal
a Board of Boiler and Pressure Vessel Rules, which shall hereafter be referred
to as The Board, consisting of 7 members who shall be appointed to The Board
by the Governor, one for a term of one year, 2 for a term of 2 years, 2 for a
term of 3 years, and 2 for a term of 4 years. At the expiration of their
respective terms of office, they, or their successors identifiable with the
same interests respectively as hereinafter provided, shall be appointed for
terms of 4 years each. The Governor may at any time remove any member of The
Board for inefficiency or neglect of duty in office. Upon the death or
incapacity of any member the Governor shall fill the vacancy for the remainder
of the vacated term with a representative of the same interests with which his
predecessor was identified. Of these 7 appointed members 2 shall be
representative of owners and users of boilers and pressure vessels within the
State, with one representing owners and users of high pressure boilers and
pressure vessels in utilities, manufacturing or processing, who shall be
registered in accordance with the Professional Engineering Practice Act of
1989, and one representing the owners and users of low pressure boilers and
pressure vessels in commercial buildings, multiple housing or hotels. Of the
remaining 5 appointed members one shall be representative of the boiler
manufacturers within the State, one shall be a representative of a boiler
insurance company licensed to do business within the State, one shall be a
mechanical engineer on the faculty of a recognized engineering college or a
graduate mechanical engineer having equivalent experience (but in either case
he shall be registered in accordance with the Professional Engineering
Practice Act of 1989), one shall be representative of the boilermakers, and
one shall be a representative of the practical steam operating engineers.
(b) The Board shall elect one of its members to serve as chairman and,
at the call of the chairman, the Board shall meet at least 4 times each year
at the State Capitol or other place designated by The Board.
(c) The members of The Board shall serve without salary and shall
receive their actual traveling and hotel expenses, incurred while in the
performance of their duties as members of the Board, to be paid in the same
manner as in the case of other State officers.
(d) The Board shall formulate definitions, rules and regulations for
the safe and proper construction, installation, repair, use and operation of
boilers and pressure vessels in this State. The definitions, rules and
regulations so formulated shall be based upon, and at all times follow, the
generally accepted nation-wide engineering standards, formulae, and practices
pertaining to boiler and pressure vessel construction and safety. The Board
shall by resolution adopt an existing published codification thereof, known as
The Boiler and Pressure Vessel Code of The American Society of Mechanical
Engineers, with the amendments and interpretations thereto made and approved
by the Council of the Society, and may likewise adopt the amendments and
interpretations subsequently made and published by the same authority; and
when so adopted the Code shall be deemed incorporated into the definitions,
rules and regulations of The Board. Amendments and interpretations to the
Code so adopted shall be adopted immediately upon being promulgated, to the
end that the definitions, rules and regulations shall at all times follow the
generally accepted nation-wide engineering standards.
(e) The Board shall promulgate rules and regulations for the safe and
proper installation, repair, use and operation of boilers and pressure vessels
which were in use or installed ready for use in this State prior to the date
upon which the first rules and regulations under this Act pertaining to
existing installations became effective, or during the 12 month period
immediately thereafter.
(f) The rules and regulations formulated by The Board shall have the
force and effect of law, except that the rules applying to the construction of
new boilers and pressure vessels shall not be construed to prevent the
installation thereof until 12 months after their approval by the Office of the
State Fire Marshal.
Subsequent amendments in the rules and regulations adopted by The Board
shall be permissive immediately and shall become mandatory 12 months after
such approval.
3202a. Nuclear facility boilers and pressure vessels - Nuclear Safety
Department jurisdiction
2a. Notwithstanding any other provision to the contrary, the
Department of Nuclear Safety shall have sole jurisdiction over all boilers and
pressure vessels contained within or upon or in connection with any Nuclear
facility within this State. The Department of Nuclear Safety shall have the
same authority and shall have and exercise the same powers and duties in
relation to such boilers and pressure vessels under this Act as the Board or
the State Fire Marshal have and exercise in relation to all boilers and
pressure vessels in this State which are not included in this Section.
Notwithstanding any other provision to the contrary, the Department of Nuclear
Safety shall establish by rule the types and frequency of inspections of
boilers and pressure vessels contained within or upon or in connection with
any nuclear facility. The rules may provide that multiple boilers and
pressure vessels in a nuclear power system shall be covered by a single
inspection certificate. The Department of Nuclear Safety may enter into such
agreements with the Board or the State Fire Marshal as are necessary to carry
out its duties under this Act. The agreements may provide that the Department
of Nuclear Safety shall accept and recognize Special Inspector Commissions
issued by the State Fire Marshal.
2b. In addition to its other powers, the Department of Nuclear Safety
is authorized to enter into agreements with the United States Nuclear
Regulatory Commission for the establishment of a coordinated and comprehensive
program to minimize the risks posed by boilers, pressure vessels, and related
components contained within or upon or in connection with any nuclear facility
within this State. The program may provide for such inspections of nuclear
facilities within the State and may be agreed upon and for inspections within
and outside the State of Illinois of boilers and pressure vessels to be
installed in any nuclear facility within this State.
3203. Accidents, rules and regulations
2.1. The Board may adopt rules and regulations requiring the
reporting of accidents involving boilers and pressure vessels.
3204. New Boilers and pressure vessels
3. No Power Boiler, Low Pressure Boiler or Pressure Vessel which does
not conform to the rules and regulations formulated by the Board governing new
construction and installation shall be installed and operated in this State
after 12 months from the date upon which the first rules and regulations under
this Act pertaining to new construction and installation shall become
effective unless the boiler or pressure vessel is of special design or
construction, and is not inconsistent with the spirit and safety objectives of
such rules and regulations, in which case a special installation and operating
permit may at its discretion be granted by the Board.
3205. Existing boilers
4. (a) The maximum allowable pressure of a boiler carrying the ASME
Code symbol or of a pressure vessel carrying the ASME or API-ASME Code symbol
shall be determined by the applicable Section of the code under which it was
constructed and stamped, or a later addition of the ASME Code provided the
rerating has been performed in accordance with the rules of said later
edition.
(b) The maximum allowable pressure of a boiler or pressure vessel which
does not carry the ASME or the API-ASME Code symbol shall be computed in
accordance with the Inspection Code of the National Board of Boiler and
Pressure Vessel Inspectors, unless the pressure vessel is of special
construction, in which case the Board may grant at its discretion a special
installation and operating permit for a pressure vessel of special design or
construction, consistent with the safety objectives of the rules and
regulations.
(c) This Act does not prohibit the use, sale or reinstallation of a
boiler or pressure vessel referred to in this Section, provided it has been
made to conform to the rules and regulations of the Board governing existing
installations, and provided, further, it has not been found upon inspection to
be in an unsafe condition.
3206. Exemptions
5. (a) Except as to the requirements of Section 2.1, this Act shall
not apply to the following boilers and pressure vessels:
1. Boilers and pressure vessels under Federal control, and boilers and
pressure vessels located in cities of more than 500,000 inhabitants.
2. Pressure vessels used for transportation and storage of compressed
or liquefied gases when constructed in compliance with specifications of the
Department of Transportation and when charged with gas or liquid, marked,
maintained, and periodically requalified for use, as required by appropriate
regulations of the Department of Transportation.
3. Pressure vessels located on vehicles operating under the rules of
other State authorities and used for carrying passengers, or freight.
4. Pressure vessels installed on the right of way of railroads and used
directly in the operation of trains.
5. Pressure vessels that do not exceed (1) a volume of 15 cubic feet
and 250 pounds per square inch gauge pressure when not located in a place of
public assembly; (2) a volume of 5 cubic feet and 250 pounds per square inch
gauge pressure when located in a place of public assembly; and (3) 1� cubic
feet in volume or an inside diameter of 6 inches with no limitation on
pressure.
6. Pressure Vessels designed for a working pressure and operated at a
pressure not exceeding 15 pounds per square inch gauge pressure.
7. All boilers and pressure vessels under the inspection jurisdiction
of the Department of Mines and Minerals, located on mine property.
8. Vessels with a nominal water-containing capacity of 120 gallons or
less for containing water under pressure, including those containing air, the
compression of which serves only as a cushion.
9. Boilers and pressure vessels located on farms and used solely for
agricultural purposes.
10. Pressure vessels regulated and inspected under the Illinois
Fertilizer Act of 1961.
(b) The following boilers and pressure vessels shall be exempt from the
requirements of Sections 10, 11, 12 and 13 of this Act.
1. Boilers and pressure vessels located in canneries and used solely
for canning purposes.
2. Steam boilers used for heating purposes carrying a pressure of not
more than 15 pounds per square inch gauge, and which are located in private
residences or in apartment houses of less than 6 families and steam boilers
used for heating purposes carrying a pressure of not more than 10 pounds per
square inch gauge and having a rating of not to exceed 1,200 square feet of
radiation.
3. Hot water heating boilers carrying pressure of not more than 30
pounds per square inch gauge, and which are located in private residences or
in apartment houses of less than 6 families, and hot water heating boilers
carrying pressure of not more than 20 pounds per square inch gauge, and having
a rating of not to exceed 2,000 square feet of radiation.
4. Steam boilers of a miniature model locomotive or boat or tractor or
stationary engine constructed and maintained as a hobby and not for commercial
use, having an inside diameter not to exceed 12 inches and a grate area not to
exceed 1� feet and that is equipped with a safety valve of adequate capacity,
a water level indicator and a pressure gauge.
5. Hot water boilers operated at pressures not exceeding 160 pounds per
square inch gauge, or temperatures not exceeding 250 degrees F. which are
located in private residences or in apartment houses of less than 6 family
units.
6. Service water heaters or domestic type water heaters having a
nominal water containing capacity not in excess of 120 gallons, a heat input
not in excess of 200,000 B.T.U.'s per hour and used exclusively for heating
service water to a temperature not in excess of 200 degrees F.
7. Pressure Vessels containing only water under pressure for domestic
supply purposes, including those containing air, the compression of which
serves only as a cushion or airlift pumping system, when located in private
residences or in apartment houses of less than 6 family units.
(c) The following boilers and pressure vessels are exempt from the
requirements of paragraph C of Section 10 of this Act:
Steam boilers of railroad locomotives which were constructed or operated
in compliance with the Federal Locomotive Inspection Law and are in the
permanent collection of a museum or historical association and proof of such
construction or inspection is furnished to the Board.
3207. Chief Inspector--How employed
6.(a) The State Fire Marshal shall employ a Chief Inspector who has
had at the time of such appointment not less than 10 years practical
experience in the construction, maintenance, repair, or operation of high
pressure boilers and unfired pressure vessels, as a mechanical engineer, steam
engineer, boilermaker, or boiler inspector, and who has passed the same kind
of examination as that prescribed for Deputy or Special Inspectors in Section
9 of this Act, to be Chief Inspector.
(b) The Chief Inspector, if authorized by the Office of the State Fire
Marshal, is hereby charged, directed, and empowered:
1. To cause the prosecution of all violators of the provisions of this
Act.
2. To issue, or to suspend, or revoke for cause, Inspection
Certificates as provided for in Section 11 of this Act.
3. To draw upon the State Treasurer for funds necessary to meet the
expense authorized by this Act, which includes the necessary traveling
expenses of the Chief Inspector and his Deputies and the expenses incident to
the maintenance of his office.
4. To take action necessary for the enforcement of the laws of the
State governing the use of boilers and pressure vessels and of the rules and
regulations of The Board.
5. To keep a complete record of the type, dimensions, maximum allowable
working pressure, age, condition, location, and date of the last recorded
internal inspection of all boilers and the last recorded internal or external
inspection of all pressure vessels to which this Act applies.
6. To publish and distribute, among manufacturers and others requesting
them, copies of the rules and regulations adopted by The Board.
3208. Deputy Inspectors--How appointed
7. The Office of the State Fire Marshal shall employ Deputy
Inspectors who shall be responsible to the Chief Inspector and who shall have
had at time of appointment not less than five (5) years practical experience
in the construction, maintenance, repair or operation of high pressure boilers
and unfired pressure vessels as a mechanical engineer, steam engineer, boiler-
maker, or boiler inspector, and who shall have passed the examination provided
for in Section 9 of this Act.
3209. Special Inspectors--How appointed--Duties
8. (a) In addition to the Deputy Boiler Inspectors authorized by
Section 7 of this Act, the State Fire Marshal shall, upon the request of any
company authorized to insure against loss from explosion of boilers in this
State or authorized under Section 15 of this Act to self-insure against such
loss, issue to any boiler inspectors of such company commissions as Special
Inspectors, provided that each such inspector before receiving his commission
shall satisfactorily pass the examination provided for in Section 9 of this
Act, or, in lieu of such examination, shall hold a Certificate of Competency
as an inspector of boilers or pressure vessels for a State that has a standard
of examination substantially equal to that of the State of Illinois or a
Certificate as an inspector of boilers from the National Board of Boiler and
Pressure Vessel Inspectors.
(b) Such Special Inspectors shall receive no salary from, nor shall any
of their expenses be paid by, the State, and the continuance of a Special
Inspector's Commission shall be conditioned upon his continuing in the employ
of a boiler insurance company or self-insurer duly authorized as aforesaid
upon his maintenance of the standards imposed by this Act.
(c) Such Special Inspectors shall inspect all boilers and pressure
vessels insured or self-insured by their respective companies and, when so
inspected, the owners and users of such insured boilers and pressure vessels
shall be exempt from the payment to the State of the inspection fees as
provided for in Section 13 of this Act.
(d) Each company employing such Special Inspectors shall within 30 days
following each boiler or pressure vessel certificate inspection, except
pressure vessels covered by Section 11(c) of this Act, made by such
inspectors, file a report of such inspection with the Chief Inspector upon
appropriate forms as promulgated by The National Board of Boiler and Pressure
Vessel Inspectors or upon forms approved by the Chief Inspector. Reports of
non-certificate external inspections shall not be required except when such
inspections disclose that the boiler or pressure vessel is in a dangerous
condition.
(e) The State Fire Marshal, the Chief Inspector, or any Deputy or
Special Inspector, shall have free access, during reasonable hours, to any
premises in the State where a boiler or pressure vessel is being constructed,
or is being installed or operated, for the purpose of ascertaining whether
such boiler or pressure vessel is constructed, installed, and operated in
accordance with the provisions of this Act.
3210. Examinations for Chief, Deputy, and Special Inspectors
9. (a) Examinations for Chief, Deputy, or Special Inspectors shall be
in writing and shall be held by The Board, or by at least two members of The
Board. Such examination shall be confined to questions the answers to which
will aid in determining the fitness and competency of the applicant for the
intended service. In case an applicant for an inspector's appointment or
Commission fails to pass the examination, he may appeal to The Board for
another examination which shall be given by The Board within ninety days. The
record of an applicant's examination shall be accessible to said applicant and
his employer. An examination fee of $15 shall accompany the application of
the applicant and said fee shall be paid to the Office of the State Fire
Marshal.
A commission issued pursuant to the provisions of this Section shall be
for a period of one year upon the payment of $10, and may be renewed annually
upon payment of $5, said fees to be paid to the Office of the State Fire
Marshal.
(b) A Commission may be suspended or revoked after due investigation
and recommendation by The Board to the State Fire Marshal for the incompetence
or untrustworthiness of the holder thereof, or for willful falsification of
any matter or statement contained in his application or in a report of any
inspection. A person whose Commission has been suspended or revoked, except
for untrustworthiness, shall be entitled to apply to The Board for reinstate-
ment or, in the case of revocation, for a new examination and Commission after
ninety days from such revocation.
A person whose Commission has been suspended or revoked shall be
entitled to an appeal as provided in Section 15 of this Act and to be present
in person and represented by counsel on the hearing of the appeal.
(c) If a Certificate or Commission is lost or destroyed a new
Certificate or Commission shall be issued in its place without another
examination.
3211. Inspection of boilers and pressure vessels
10. (A) Each boiler or pressure vessel used or proposed to be used
within this State, except boilers or pressure vessels exempt pursuant to
subsections (a) and (b) of Section 5 of this Act, shall be thoroughly
inspected as to its construction, installation, condition and operation as
follows:
1. Power boilers shall be inspected annually both internally and
externally while not under pressure and shall also be inspected annually
externally while under pressure if possible; provided that any power boiler or
steam generator, the operation of which is an integral part of or a necessary
adjunct to other continuous processing operations, shall be inspected
internally at such intervals as are permitted by the shutting down of the
processing operations; and the Board may provide by rules and regulations for
extension of time within which power boilers are required to be inspected,
based upon type, function, or manner of operation; and in the case of nuclear
reactors, the submission to and acceptance by the Chief Inspector of a report
containing appropriate information in such form as the Chief Inspector
designates bearing on the construction, installation, condition and operation
of any such reactor shall constitute an inspection within the meaning of this
Act.
2. Low pressure steam and hot water heating boilers and hot water
supply boilers shall be inspected both internally and externally biennially
where constructions will permit.
3. Pressure Vessels subject to internal corrosion shall receive a
certificate inspection as required by rules and regulations of the Board.
However, the standards of inspection and repair of pressure vessels in service
by an owner user qualified under Section 15 shall, at the option of such owner
user, be either (1) the applicable rules and regulations embodied in the
National Board Inspection Code, 1972 Edition, or (2) the applicable rules and
regulations embodied in the American Petroleum Institute published codifica-
tion known as API RP 510, 1975 Edition API Recommended Practice for Inspection
Repair, and Rating of Pressure Vessels in Petroleum Refining Service, with
such revisions, reissues, amendments and interpretations of either of the
foregoing inspection standards as are subsequently approved and adopted.
4. Pressure Vessels not subject to internal corrosion shall receive
certificate inspection at intervals set by the Board, but internal inspection
shall not be required of pressure vessels, the contents of which are known to
be noncorrosive to the material of which the shell, heads, or fittings are
constructed, either from the chemical composition of the contents or from
evidence that the contents are adequately treated with a corrosion inhibitor,
provided that such vessels are constructed in accordance with the rules and
regulations of the Board.
5. A grace period of 2 months beyond the period specified in this
Section, longer than the 12 or 24 months period may elapse between internal
inspection of a boiler while not under pressure or between external inspection
of a boiler while under pressure.
6. The Board may, in its discretion, permit longer periods between
certificate inspections.
7. Standard and miniature traction engine boilers and other boilers
used solely for exhibition purposes shall be inspected biennially.
The inspections herein required shall be made by the Chief Inspector, or
by a Deputy Inspector, or by a Special Inspector provided for in this Act.
(B) If at any time a test is deemed necessary for a stated cause by the
inspector, it shall be made by the owner or user thereof in the presence of,
and under the supervision of the inspector, and must be approved by the
inspector. A fee of $20 shall be charged for the supervision and approval of
the test by the inspector, and paid to the Office of the State Fire Marshal.
(C) All boilers and pressure vessels, except those described in
paragraph (7) of subsection (A), which are to be installed in this State after
the 12 months period from the date upon which the rules and regulations of the
Board become effective shall be inspected during construction as required by
the applicable rules and regulations of the Board by an inspector authorized
to inspect boilers and pressure vessels in this State, or if constructed
outside of the State, by an inspector holding a Certificate from the National
Board of Boiler and Pressure Vessel Inspectors, or a Certificate of
Competency, as an inspector of boilers and pressure vessels for a State that
has a standard of examination substantially equal to that of this State as
provided in Section 9.
3212. Inspection certificates and annual statements
11. (a) Each company employing Special Inspectors, except a company
operating pressure vessels covered by owner user inspection service which meet
the requirements of subsection (a) of Section 8 of this Act, shall, within 30
days following each certificate of inspection made by such inspectors, file a
report of such inspection with the Chief Inspector upon appropriate forms
promulgated by the National Board of Boiler and Pressure Vessel Inspectors.
The filing of reports of external inspections shall not be required except
when such inspections disclose that the boiler or pressure vessel is in a
dangerous condition.
(b) If the report filed pursuant to subsection (a) of this Section
shows that a boiler or pressure vessel is found to comply with the rules and
regulations of the Board, the owner or user thereof shall pay directly to the
Chief Inspector the sum of $15 and the Chief Inspector, or his duly authorized
representative, shall issue to such owner or user an Inspection Certificate
bearing the date of inspection and specifying the maximum pressure under which
the boiler or pressure vessel may be operated. Such Inspection Certificate
shall be valid for not more than 14 months from its date in the case of power
boilers and high pressure, high temperature water boilers, except that the
certificate shall be valid for a period not more than 2 months beyond the
period set by the Board in accordance with paragraph 5 of subsection (a) of
Section 10 of this Act. Inspection Certificates shall be valid for 26 months
in the case of pressure vessels, low pressure steam or vapor heating boilers,
hot water heating boilers or hot water supply boilers, except that for those
pressure vessels covered by paragraphs 3, 4 and 5 of subsection (a) of Section
10 of this Act, the certificate shall be valid for a period not more than 2
months beyond the period set by the Board. Notwithstanding any other
provision of this Section, an Inspection Certificate shall remain valid beyond
the expiration date noted on the certificate until the boiler or pressure
vessel is reinspected by the authorized inspecting authorities or until the
certificate is suspended by the Chief Inspector, provided that the owner of
the boiler or pressure vessel makes such object available for inspection at
reasonable times. Certificates shall be posted under glass in the room
containing the boiler or pressure vessel inspected. If the boiler or pressure
vessel is not located within the building, the certificate shall be posted in
a location convenient to the boiler or pressure vessel inspected or in any
place where it will be accessible to interested parties.
(c) Each company operating pressure vessels covered by an owner or user
inspection service meeting the requirements of subsection (a) of Section 8 of
this Act shall maintain in it files an inspection record which shall list, by
number and such abbreviated description as may be necessary for identifica-
tion, each pressure vessel covered by this Act, the date of the last
inspection of each such unit, and for each pressure vessel the approximate
date for the next inspection. The inspection date shall be arrived at by
applying the appropriate rules to all data available to the time such
inspection record is compiled. Such inspection record shall be readily
available for examination by the Chief Inspector or his authorized
representative during business hours. Each such company shall, in addition,
file annually with the Chief Inspector a statement, signed by the engineer
having supervision over the inspections made during the period covered,
stating the number of vessels covered by this Act inspected during the year
and certifying that each such inspection was conducted pursuant to the
inspection standards provided for by this Act. Such annual statement shall be
accompanied by a filing fee in accordance with the following schedule:
For statements covering not more than 25 vessels - $3 per vessel.
For statements covering more than 25 but less than 101 vessels - $75.
For statements covering more than 100 but less than 501 vessels - $150.
For statements covering more than 500 vessels - $200.
(d) No Inspection Certificate issued for an insured boiler or pressure
vessel based upon a report of a Special Inspector shall be valid after the
boiler or pressure vessel for which it was issued shall cease to be insured by
a company duly authorized by this State to provide such insurance.
(e) The Chief Inspector or his authorized representative may at any
time suspend an Inspection Certificate when, in his opinion, the boiler or
pressure vessel for which it was issued, cannot be operated without menace to
the public safety, or when the boiler or pressure vessel is found not to
comply with the rules and regulations herein provided. In such event, the
Chief Inspector or his representative shall issue a Notice of Suspension which
shall be posted in a conspicuous location on or near the posted Inspection
Certificate. However, such Inspection Certificate may not be suspended merely
because a jurisdictional labor dispute exists at the place where the boiler is
located. Each suspension of an Inspection Certificate shall continue in
effect until such boiler or pressure vessel shall have been made to conform to
the rules and regulations of The Board, and until said Inspection Certificate
shall have been reinstated.
3213. Inspection certificate required - Penalty
12. (a) It shall be unlawful for any person, firm, partnership or
corporation to operate under pressure in this State a boiler or pressure
vessel, except a pressure vessel covered by owner-user-inspection service as
provided for in Sections 8 and 15 of this Act, without a valid Inspection
Certificate. Except as otherwise provided in paragraph (b), the operation of
a boiler or pressure vessel without such Inspection Certificate, or at a
pressure exceeding that specified in such Inspection Certificate, shall
constitute a petty offense on the part of the owner, user, or operator
thereof. Each day of such unlawful operation shall be deemed a separate
offense.
(b) Any person who knowingly operates or allows the operation of a
boiler or pressure vessel when an Inspection Certificate issued for it has
been suspended pursuant to paragraph (e) of Section 11 shall be guilty of a
Class B misdemeanor. Each day of such unlawful operation shall be deemed a
separate offense.
(c) Any person who submits or causes to be submitted an inspection
report or annual statement required by this Act which contains a false
statement which he does not believe to be true is guilty of a Class A
misdemeanor.
3213.1 Removal, defacement or alteration of inspection certificate or
notice of suspension - Penalty
12.1 Any person who without authorization removes, defaces or alters
an Inspection Certificate or Notice of Suspension issued under this Act shall
be guilty of a Class A Misdemeanor.
3214. Inspection fees
13. The owner or user of a boiler or pressure vessel required by this
Act to be inspected by the Chief Inspector, or his Deputy Inspector, shall pay
directly to the Chief Inspector, upon completion of inspection, fees in
accordance with the following schedule:
POWER BOILERS
Internal Inspections
Boilers of 5 HP. or less, or 50 sq. ft. or less of heating surface........ $20
Boilers over 5 HP. or over 50 sq. ft. of heating surface.................. $40
External Inspections
External inspection of power boilers...................................... $20
LOW PRESSURE HEATING BOILERS and
HOT WATER SUPPLY BOILERS
Inspection of heating boilers and hot water supply boilers................ $20
Not more than $60 shall be charged or collected for any and all
inspections, as above, of any boiler in any one year.
UNFIRED PRESSURE VESSELS
Fees are to be based upon the product of the maximum length of vessels
and their maximum width or diameter:
Internal or external inspection of each pressure vessel subject to inspection
having a cross sectional area of 50 sq. ft. or less....................... $15
For each additional 100 sq. ft. of area in excess of 50 sq. ft............ $15
Not more than $60 shall be paid per day for the actual inspection time
of each inspector on any one vessel.
A group of pressure vessels, such as the rolls of a paper machine or
dryer operating as a single machine or unit, shall be considered as one
pressure vessel.
HYDROSTATIC TESTS
Where it is necessary to make a special trip to witness
the application of a hydrostatic test..................................... $40
Shop inspections, or the inspection of second hand or used boilers or
pressure vessels by the Chief or Deputy Inspector shall be charged for at the
rate of not less than $150 for one-half day or 4 hours, and $260 for one full
day of 8 hours, plus all expenses, including travel and hotel.
Second hand shall mean an object which has changed ownership and
location after primary use.
Disposition of fees. The Chief Inspector shall give an official receipt
for said fees and shall transfer all sums, received by him to the State
Treasury as part of the Fire Prevention Fund as defined in "An Act relating to
the investigation and prevention of fire", approved June 15, 1909, as amended.
3215. Chief and Deputy Inspectors to furnish bond
14. The Chief Inspector shall furnish a bond in the sum of five
thousand ($5,000.00) dollars and each of the Deputy Inspectors, employed and
paid by the State shall furnish a bond in the sum of two thousand ($2,000.00)
dollars conditioned upon the faithful performance of their duties and upon a
true account of moneys handled by them respectively and the payment thereof to
the proper recipient. The cost of said bonds shall be paid by the State
Treasurer.
3216. Self-insurers
15. Any owner or user of boilers or pressure vessels subject to
Section 10 of this Act, who maintains and operates, under the supervision of
one or more regularly employed professional engineers, an inspection or
maintenance service in which one or more inspectors are regularly employed on
inspection work, including the inspection of boilers or pressure vessels
operated by such user, shall, upon application to the Director showing such
fact and a showing that such user is possessed of financial ability to bear
any loss and to pay all final judgments or awards obtained against such user
by reason of the operation of such boilers or pressure vessels, be authorized
to act as a self-insurer of his or its boiler and pressure vessel explosion
risk in this State; and when so authorized such user and the inspectors
regularly employed by such user shall be entitled to all the rights and
privileges and shall be subject to all the requirements, duties and
obligations provided in this Act respectively for boiler insurance companies,
regardless of whether in fact any insurance is carried, and inspectors
employed by such companies.
3217. Appeals
16. Any person aggrieved by an order or act of the State Fire
Marshal, or the Chief Inspector, under this Act may, within fifteen days after
notice thereof, appeal from such order or act to The Board which shall, within
thirty days thereafter, hold a hearing after having given at least ten days
written notice to all interested parties. The Board shall, within thirty days
after such hearing, issue an appropriate order either approving or
disapproving such order or act. A copy of such order by The Board shall be
given to all interested parties.
All final administrative decisions of The Board hereunder shall be
subject to judicial review pursuant to the provisions of the Administrative
Review Law, and all amendments and modifications thereof, and the rules
adopted pursuant thereto. The term "administrative decision" is defined as in
Section 3-101 of the Code of Civil Procedure.
