CHAPTER 34-29A
BOILER SAFETY
34-29A-1 Definition of terms.
34-29A-2 Inspectors within department.
34-29A-3 Qualifications and appointment of chief inspector.
34-29A-4 Qualifications and employment of deputy inspectors.
34-29A-5 34-29A-5. Repealed by SL 1982, ch 18, § 37.
34-29A-6 Commissions issued to special inspectors employed by insurance companies--Examination or previous certification required.
34-29A-7 Insured boilers inspected by special inspectors--Exemption from state fees except boiler annual operation certificate.
34-29A-8 Special inspectors not paid by state--Commission conditioned on continuing employment.
34-29A-8.1 Inspection--Liability.
34-29A-9 Examinations for inspectors--Scope--Second examination on appeal--Records available to applicant and employer.
34-29A-10 Replacement of lost or destroyed commission.
34-29A-11 Hearing on qualifications of special inspector--Revocation of commission.
34-29A-12 Suspension of special inspector's commission--Grounds--Notice--Appeal.
34-29A-13 Reinstatement of suspended commission.
34-29A-14 Boilers exempt from application of chapter.
34-29A-14.1 Rules and regulations for inspection of historic power boilers.
34-29A-14.2 Inspectors of historic power boilers.
34-29A-15 34-29A-15. Repealed by SL 1982, ch 18, § 44.
34-29A-16 Program of boiler inspection established by department--Rules.
34-29A-17 34-29A-17. Temporary and executed.
34-29A-18 34-29A-18 to 34-29A-21. Repealed by SL 1982, ch 18, §§ 46 to 49.
34-29A-22 Maximum allowable pressure of boilers--Computation.
34-29A-23 Reuse of existing boilers.
34-29A-24 New boilers to conform to rules--Special installation and operation certificate.
34-29A-25 Certificate required to operate boiler--Unauthorized operation as misdemeanor--Each day as separate offense.
34-29A-26 Inspections required for operating boilers--Frequency of inspection.
34-29A-27 Inspection of new boilers during construction--Construction outside state for use within state.
34-29A-28 Persons authorized to make inspections.
34-29A-29 State inspectors' access to premises for inspection during construction.
34-29A-30 34-29A-30, 34-29A-31. Repealed by SL 1982, ch 18, §§ 55, 56.
34-29A-32 Variations in inspection requirements for operating equipment.
34-29A-33 Hydrostatic tests of operating equipment.
34-29A-34 Secretary or designee to issue, suspend or revoke certificates.
34-29A-35 34-29A-35. Repealed by SL 1978, ch 257, § 2.
34-29A-35.1 Inspection fees.
34-29A-36 Additional fee for reinspection trip.
34-29A-37 Daily rates charged for other inspections.
34-29A-38 Inspection reports by special inspectors.
34-29A-39 Certificate issued on special inspector's report.
34-29A-40 Posting of certificates.
34-29A-41 Certificate issued on special inspector's report invalid after termination of insurance.
34-29A-42 Duration of certificates issued on special inspector's reports.
34-29A-43 Suspension of certificate for unsafe or noncomplying boiler--Duration of suspension.
34-29A-44 34-29A-44, 34-29A-45. Repealed by SL 1982, ch 18, §§ 66, 67.
34-29A-46 Record of boilers and inspections.
34-29A-46.1 Operating boilers--Notification requirements.
34-29A-47 Enforcement actions.
34-29A-48 Appeals from inspectors--Order approving or disapproving inspector's act.
34-29A-49 Judicial review of order--Summary hearing.
34-29A-50 Prosecution of violators.
34-29A-51 Deposit of fees in boiler inspection fund.
34-29A-52 Expenditure of funds--Expenses included.
34-29A-53 Municipal ordinances not to be less restrictive--Conflicting ordinances void.
34-29A-54 34-29A-54, 34-29A-55. Repealed by SL 1982, ch 18, §§ 74, 75.
34-29A-1. Definition of terms.
Terms as used in this chapter, unless the context otherwise requires, mean:
(1) "Boiler," a closed vessel in which water is heated, steam is generated, steam is superheated, or any combination thereof, under pressure or vacuum, for use externally to itself by the direct application of heat from the combustion of fuels, or from electricity, nuclear or solar energy. The term "boiler" includes fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and are complete within themselves. The term "boiler" includes the apparatus by which heat is generated and all controls and safety devices associated with such apparatus or the closed vessel;
(2) "Certificate inspection," an inspection, the report of which is used by the chief inspector to decide whether or not a certificate as provided by § 34-29A-39 may be issued. This certificate inspection shall be an internal inspection when required; otherwise, it shall be as complete an inspection as possible;
(3) "Heating boiler," a steam or vapor boiler operating at pressures not exceeding fifteen psig, or a hot water boiler operating at pressures not exceeding 160 psig or temperatures not exceeding 250 degrees F;
(4) "High pressure, high temperature water boiler," a water boiler operating at pressures exceeding 160 psig or temperatures exceeding 250 degrees F;
(5) "Historic power boiler," a standard or nonstandard power boiler, including free-lance and scale models, owned by publicly operated museums, nonprofit organizations and individuals who preserve, maintain, exhibit, and only occasionally operate these boilers on a not-for-profit basis and for the primary purpose of perpetuating the agricultural and pioneer heritage of South Dakota;
(6) "Hot water supply boiler (water heater)," a boiler of either instantaneous or storage type, furnishing hot water to be used externally to itself;
(7) "Power boiler," a boiler in which steam or other vapor is generated at a pressure of more than fifteen psig;
(8) "Secondhand boiler," a boiler for which both location and ownership have changed since initial installation.
Source: SL 1973, ch 229, § 1; SL 1978, ch 257, § 1; SL 1982, ch 18, § 34; SL 1989, ch 300, §§ 1, 4.
34-29A-2. Inspectors within department.
There shall be within the Department of Public Safety a chief boiler inspector (referred to hereinafter as the "chief inspector") who shall be selected as provided in § 34-29A-3 and such deputy inspectors as may be required, selected as provided in § 34-29A-4. The chief inspector and the deputy inspectors may be employees of the department or independent contractors hired by the department.
Source: SL 1973, ch 229, § 2; SL 1974, ch 3, § 11; SL 1990, ch 275, § 1; SL 2003, ch 272, §§ 20, 121.
34-29A-3. Qualifications and appointment of chief inspector.
At any time that the office of the chief inspector may become vacant, the secretary of public safety shall appoint a person who shall have had at the time of such appointment not less than five years' experience in the construction, installation, inspection, operation, maintenance, or repair of boilers as a mechanical engineer, steam operating engineer, boilermaker, or boiler inspector, and who shall have passed the same kind of examination as that prescribed under § 34-29A-9, to be chief inspector. This examination may be waived by the secretary of public safety for a period of twelve months.
Source: SL 1973, ch 229, § 7; SL 1982,ch 18, § 35; SL 2003, ch 272, §§ 20, 121.
34-29A-4. Qualifications and employment of deputy inspectors.
The Department of Public Safety may employ deputy inspectors who shall have had at the time of appointment not less than three years' experience in the construction, installation, inspection, operation, maintenance, or repair of boilers as a mechanical engineer, steam operating engineer, boilermaker, or boiler inspector, and who shall have passed the examination provided for in § 34-29A-9. This examination may be waived by the secretary of public safety for a period of twelve months.
Source: SL 1973, ch 229, § 9; SL 1982, ch 18, § 36; SL 1996, ch 216, § 1; SL 2003, ch 272, §§ 20, 121.
34-29A-6. Commissions issued to special inspectors employed by insurance companies--Examination or previous certification required.
In addition to the deputy boiler inspectors authorized by § 34-29A-4, the Department of Public Safety shall, upon the request of any company licensed to insure and insuring in this state boilers, issue to any inspectors of said company commissions as special inspectors, provided that each inspector before receiving his commission shall satisfactorily pass the examination provided for by § 34-29A-9, or, in lieu of the examination, shall hold a commission or a certificate of competency as an inspector of boilers for a state that has a standard of examination substantially equal to that of the State of South Dakota or a commission as an inspector of boilers issued by the National Board of Boiler and Pressure Vessel Inspectors. Each special inspector commission issued by the department shall, unless revoked, remain effective for a period of three years. The department shall issue a new commission as special inspector upon the request of companies specified in this section. Special inspectors are not required to pass the examination provided for by § 34-29A-9 more than once.
Source: SL 1973, ch 229, § 10; SL 1982, ch 18, § 38; SL 2003, ch 272, §§ 20, 121.
34-29A-7. Insured boilers inspected by special inspectors--Exemption from state fees except boiler annual operation certificate.
Special inspectors issued commissions pursuant to § 34-29A-6 shall inspect all boilers insured by their respective companies and, if so inspected, the owners and users of the boilers are exempt from the payment to the state of the inspection fees provided for in §§ 34-29A-35.1 to 34-29A-37, inclusive, except for the boiler annual operation certificate fee which shall be paid by the insurer of all qualified boilers.
Source: SL 1973, ch 229, § 10; SL 1982, ch 18, § 39; SL 1991, ch 282, § 1.
34-29A-8. Special inspectors not paid by state--Commission conditioned on continuing employment.
Special inspectors issued commissions pursuant to § 34-29A-6 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 the boiler insurance company duly authorized as aforesaid and upon his maintenance of the standards imposed by this chapter.
Source: SL 1973, ch 229, § 10.
34-29A-8.1. Inspection--Liability.
Any boiler inspection required by § 34-29A-7 that is performed by a special inspector authorized pursuant to § 34-29A-6 and conducted incidental to the issuance or renewal of boiler and machinery insurance, may not subject an insurer, its agents, or its employees to any liability for damages for any act or omission in the course of performing the inspection. 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.
Source: SL 2021, ch 154, § 1.
34-29A-9. Examinations for inspectors--Scope--Second examination on appeal--Records available to applicant and employer.
Examination for chief, deputy, or special inspectors shall be in writing and shall be under the direction of the Department of Public Safety. 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, and may be those prepared by the National Board of Boiler and Pressure Vessel Inspectors. In case an applicant for an inspector's commission fails to pass the examination, he may appeal to the Department of Public Safety for another examination which shall be given within ninety days. The record of an applicant's examination shall be accessible to the applicant and his employer.
Source: SL 1973, ch 229, § 11; SL 1982, ch 18, § 40; SL 2003, ch 272, §§ 20, 121.
34-29A-10. Replacement of lost or destroyed commission.
If a commission is lost or destroyed, a new commission shall be issued in its place without another examination.
Source: SL 1973, ch 229, § 13.
34-29A-11. Hearing on qualifications of special inspector--Revocation of commission.
If the chief inspector has reason to believe that a special inspector is no longer qualified to hold his commission, the Department of Public Safety shall, upon not less than ten days' written notice to the inspector and his employer, hold a hearing at which such inspector and his employer shall have an opportunity to be heard. If, as a result of such hearing, the Department of Public Safety shall find that such inspector is no longer qualified to hold his commission, the Department of Public Safety shall thereupon revoke such commission forthwith.
Source: SL 1973, ch 229, § 12; SL 1982, ch 18, § 41; SL 2003, ch 272, §§ 20, 121.
34-29A-12. Suspension of special inspector's commission--Grounds--Notice--Appeal.
A special inspector's commission may be suspended by the Department of Public Safety after due investigation and recommendation by the chief inspector, 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 made by him. Written notice of any such suspension shall be given by the Department of Public Safety within not more than ten days thereof to the inspector and his employer. A person whose commission has been suspended shall be entitled to an appeal to the secretary of public safety as provided in § 34-29A-48 and to be present in person or to be represented by counsel at the hearing of the appeal.
Source: SL 1973, ch 229, § 12; SL 1982, ch 18, § 42; SL 2003, ch 272, §§ 20, 121.
34-29A-13. Reinstatement of suspended commission.
A person whose commission has been suspended shall be entitled to apply, after ninety days from the date of suspension, for reinstatement of such commission.
Source: SL 1973, ch 229, § 12.
34-29A-14. Boilers exempt from application of chapter.
This chapter does not apply to the following boilers:
(1) Boilers under federal control;
(2) Boilers located on farms if the farm is not regularly open to the general public and the boiler is used solely for agricultural or horticultural purposes;
(3) Heating boilers which are located in private residences or in apartment houses of less than six family units;
(4) Hot water supply boilers equipped with ASME-National Board approved safety relief valves which are directly fired with combustible fuel, electricity, or solar energy when none of the following limitations is exceeded:
(a) Heat input of two hundred thousand BTU per hour;
(b) Water temperature of two hundred ten degrees F;
(c) Nominal water capacity of one hundred twenty gallons;
(5) Boilers located in a refinery;
(6) Boilers used as part of an electrical generating plant;
(7) Historic power boilers as defined by § 34-29A-1. However, each boiler shall comply with rules promulgated under the provisions of § 34-29A-14.1.
Source: SL 1973, ch 229, § 6; SL 1982, ch 18, § 43; SL 1989, ch 300, § 3.
34-29A-14.1. Rules and regulations for inspection of historic power boilers.
The Department of Public Safety shall promulgate rules, pursuant to chapter 1-26, to provide for the inspection of those historic power boilers otherwise exempt from the provisions of this chapter by § 34-29A-14. The rules shall provide for the inspection of such boilers and for a check of the boiler's safety devices. The rules shall also establish an inspection fee for a historic power boiler inspection. The rules may provide for reporting requirements, inspection reports, repair standards, notification of repair and other administrative procedures necessary to implement this section. The operation of a historic power boiler without complying with the rules promulgated pursuant to this section, by the owner, user or operator of the boiler is a Class 2 misdemeanor. Each day of operation in violation of this section is a separate offense.
Source: SL 1989, ch 300, § 5; SL 2003, ch 272, §§ 20, 121.
34-29A-14.2. Inspectors of historic power boilers.
The Department of Public Safety may appoint inspectors to assist in the inspection of historic power boilers as provided by § 34-29A-14.1. The department shall promulgate rules, pursuant to chapter 1-26, to establish the qualifications and to provide for the examination of these appointed inspectors.
Source: SL 1989, ch 300, § 6; SL 2003, ch 272, §§ 20, 121.
34-29A-16. Program of boiler inspection established by department--Rules.
The Department of Public Safety shall establish a program of boiler inspection for safety and uniformity in the use of boilers. The secretary of public safety may adopt reasonable and necessary rules to protect the health or safety of persons from boiler explosions and like emergencies. Such rules shall be in conformity with the standards set forth by the American Society of Mechanical Engineers (ASME) "ASME Boiler and Pressure Vessel Code" and the National Board of Boiler and Pressure Vessel Inspectors "Inspection Code." Such rules may be adopted in the following areas:
(1) Public initiation procedure;
(2) Boiler manufacturers' and boiler owners' reporting requirements;
(3) Notification requirements for operation and removal;
(4) Controls and safety devices;
(5) Inspection and reports;
(6) Repair standards and notification of repair;
(7) Boiler placement.
The rules shall be promulgated in accordance with chapter 1-26.
Source: SL 1973, ch 229, § 3 (1); SL 1982, ch 18, § 45; SL 1989, ch 300, § 2; SL 2003, ch 272, §§ 20, 121.
34-29A-22. Maximum allowable pressure of boilers--Computation.
The maximum allowable pressure of a boiler carrying the ASME code symbol shall be determined by the applicable sections of the code under which it was constructed and stamped.
The maximum allowable pressure of a boiler which does not carry the ASME code symbol shall be computed by formula stated in rules.
Source: SL 1973, ch 229, § 5; SL 1982, ch 18, § 50.
34-29A-23. Reuse of existing boilers.
This chapter shall not be construed as in any way preventing the use, sale, or reinstallation of a boiler referred to in § 34-29A-22 provided it has been made to conform to the rules and regulations of the Department of Public Safety governing existing installations and provided, further, it has not been found upon inspection to be in an unsafe condition.
Source: SL 1973, ch 229, § 5; SL 1982, ch 18, § 51; SL 2003, ch 272, §§ 20, 121.
34-29A-24. New boilers to conform to rules--Special installation and operation certificate.
No boiler which does not conform to the rules and regulations of the Department of Public Safety governing new construction and installation may be installed and operated in this state after June 30, 1974, unless the boiler 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 operation certificate may at its discretion be granted by the Department of Public Safety.
Source: SL 1973, ch 229, § 4; SL 1982, ch 18, § 52; SL 2003, ch 272, §§ 20, 121.
34-29A-25. Certificate required to operate boiler--Unauthorized operation as misdemeanor--Each day as separate offense.
No person, firm, partnership, limited liability company, or corporation may operate in this state a boiler without a valid operation certificate. The operation of a boiler without the operation certificate, or at a pressure exceeding that specified in the operation certificate, by the owner, user, or operator of the boiler is a Class 1 misdemeanor. Each day of operation in violation of this section is a separate offense.
Source: SL 1973, ch 229, § 16; SL 1977, ch 190, § 83; SL 1982, ch 18, § 53; SL 1994, ch 351, § 64; SL 1996, ch 216, § 2.
34-29A-26. Inspections required for operating boilers--Frequency of inspection.
Each boiler used or proposed to be used within this state, except boilers exempt under § 34-29A-14, shall be thoroughly inspected as to their construction, installation and condition as follows:
(1) Power boilers and high pressure, high temperature water boilers shall receive a certificate inspection annually which shall be an internal inspection where construction permits, otherwise it shall be as complete an inspection as possible. Such boilers shall also be externally inspected annually while under pressure;
(2) Low pressure steam or vapor heating boilers shall receive a certificate inspection biennially with an internal inspection every four years where construction will permit;
(3) Hot water heating and hot water supply boilers shall receive a certification inspection biennially with an internal inspection at the discretion of the inspector;
(4) Boilers and pressure vessels which are a part of a nuclear installation shall be inspected and reported in such form and with such appropriate information as the Department of Public Safety shall designate.
A grace period of two months beyond the periods specified in subdivisions (1), (2), and (3) of this section may elapse between certificate inspections. The chief inspector may, at his discretion, permit longer periods between certificate inspections.
Source: SL 1973, ch 229, § 14; SL 1978, ch 257, § 3; SL 1982, ch 18, § 54; SL 2003, ch 272, §§ 20, 121.
34-29A-27. Inspection of new boilers during construction--Construction outside state for use within state.
All boilers, other than cast iron sectional boilers, installed in this state after June 30, 1974, shall be inspected during construction as required by the applicable rules and regulations of the Department of Public Safety by an inspector authorized to inspect boilers in this state, or, if constructed outside of the state, by an inspector holding a commission issued by the National Board of Boiler and Pressure Vessel Inspectors.
Source: SL 1973, ch 229, § 14; SL 2003, ch 272, §§ 20, 121.
34-29A-28. Persons authorized to make inspections.
The inspections required in this chapter shall be made by the chief inspector, by a deputy inspector, or by a special inspector provided for in this chapter.
Source: SL 1973, ch 229, § 14.
34-29A-29. State inspectors' access to premises for inspection during construction.
The Department of Public Safety, the chief inspector, or any deputy inspector shall have free access, during reasonable hours, to any premises in the state where a boiler is being constructed for use in, or is being installed in, this state for the purpose of ascertaining whether such boiler is being constructed and installed in accordance with the provisions of this chapter.
Source: SL 1973, ch 229, § 14; SL 2003, ch 272, §§ 20, 121.
34-29A-32. Variations in inspection requirements for operating equipment.
Based upon documentation of actual service conditions by the owner or user of the operating equipment, the chief inspector in his discretion, may permit variations in the inspection requirements for operating equipment.
Source: SL 1973, ch 229, § 14.
34-29A-33. Hydrostatic tests of operating equipment.
If, at the discretion of the inspector, a hydrostatic test of operating equipment shall be deemed necessary, it shall be made by the owner or user of the boiler.
Source: SL 1973, ch 229, § 14.
34-29A-34. Secretary or designee to issue, suspend or revoke certificates.
The secretary of public safety, or his designee, shall issue, or suspend or revoke for cause, operation certificates as provided for in §§ 34-29A-39 to 34-29A-43, inclusive.
Source: SL 1973, ch 229, § 8 (4); SL 1982, ch 18, § 57; SL 2003, ch 272, §§ 20, 121.
34-29A-35.1. Inspection fees.
The owner or user of a boiler required by this chapter to be inspected by the chief inspector, or a deputy inspector, shall pay directly to the State of South Dakota through the Office of the State Fire Marshal, upon completion of the inspection, fees in accordance with the following schedule:
(1) Power boilers and high pressure, high temperature water boilers:
Certificate Inspections
Boilers of 50 sq. ft. of heating surface or less $30.00
Boilers over 50 sq. ft. of heating surface and
less than 4,000 sq. ft. of heating surface 40.00
Boilers of 4,000 sq. ft. of heating surface or more
and less than 10,000 sq. ft of heating surface 50.00
Boilers of 10,000 sq. ft. of heating surface or more 60.00
External Inspections
Boilers of 50 sq. ft. of heating surface or less 15.00
Boilers over 50 sq. ft. of heating surface 25.00
(2) Heating boilers:
Certificate Inspections
Heating boilers without a manhole 20.00
Heating boilers with a manhole 30.00
Hot water supply boilers 10.00
(3) All owners, users, or insurers of qualified boilers shall pay an annual operation certificate fee if the boiler is inspected by a state inspector or a special inspector.
Operation certificate 30.00
In addition to the operation certificate fee required in this section, and, except as provided for in §§ 34-29A-36 and 34-29A-37, no owner, user, or insurer of a boiler which is subject to inspection by the Department of Public Safety may be required to pay more than one certificate inspection fee and one external inspection fee, per boiler, in a twelve-month period.
Source: SL 1982, ch 18, § 58; SL 1991, ch 282, § 2; SL 1996, ch 216, § 3; SL 2003, ch 272, §§ 20, 121; SL 2006, ch 184, § 1; SL 2021, ch 155, § 1.
34-29A-36. Additional fee for reinspection trip.
If it is necessary for the chief inspector or his deputy inspector to make a reinspection trip to witness the application of a hydrostatic test due to deficiencies noted in a previous inspection, an additional fee based on the scale of fees applicable to a certificate inspection of the boiler shall be charged.
Source: SL 1973, ch 229, § 17 (3); SL 1982, ch 18, § 59.
34-29A-37. Daily rates charged for other inspections.
All other inspections, including shop inspections, special inspections, and inspections of secondhand or used boilers made by the chief or deputy inspector shall be charged for at the rate of not less than ninety dollars for one-half day of four hours, and one hundred fifty dollars for one full day of eight hours, plus all expenses, including traveling and hotel. "Secondhand" means an object which has changed ownership and location after primary use.
Source: SL 1973, ch 229, § 17 (4); SL 1982, ch 18, § 60.
34-29A-38. Inspection reports by special inspectors.
Each company employing special inspectors meeting the requirements of § 34-29A-6 shall, within thirty days following each certificate inspection made by the inspectors, file a report of the inspection with the Office of the State Fire Marshal upon appropriate forms as promulgated by the National Board of Boiler and Pressure Vessel Inspectors. The filing of reports of external inspections, except for certificate inspections, may not be required unless the inspections disclose that the boiler is in a dangerous condition.
Source: SL 1973, ch 229, § 15; SL 1982, ch 18, § 61; SL 1996, ch 216, § 4.
34-29A-39. Certificate issued on special inspector's report.
If the report filed pursuant to § 34-29A-38 shows that a boiler is found to comply with the rules and regulations of the Department of Public Safety, the chief inspector or his duly authorized representative, shall issue to such owner or user an operation certificate bearing the date of inspection and specifying the maximum pressure under which the boiler may be operated.
Source: SL 1973, ch 229, § 15; SL 1978, ch 257, § 4; SL 1982, ch 18, § 62; SL 2003, ch 272, §§ 20, 121.
34-29A-40. Posting of certificates.
Certificates shall be posted under glass in the room containing the boiler inspected. If the boiler is not located within the building, the certificate shall be posted in a location convenient to the boiler inspected, or in any place where it will be accessible to interested parties.
Source: SL 1973, ch 229, § 15.
34-29A-41. Certificate issued on special inspector's report invalid after termination of insurance.
No operation certificate issued for an insured boiler based upon a report of a special inspector is valid after the boiler for which it was issued ceases to be insured by a company duly authorized by this state to provide such insurance.
Source: SL 1973, ch 229, § 15; SL 1982, ch 18, § 63.
34-29A-42. Duration of certificates issued on special inspector's reports.
An operation certificate issued pursuant to § 34-29A-39 is valid for not more than fourteen months from its date in the case of power boilers and high pressure, high temperature water boilers and twenty-six months in the case of heating boilers and hot water supply boilers. In the case of those boilers covered by subdivisions 34-29A-26(1), (2), and (3), for which the chief inspector has established or extended the operating period between required inspections, the certificate is valid for a period not more than two months beyond the period set by the chief inspector.
Source: SL 1973, ch 229, § 15; SL 1978, ch 257, § 5; SL 1982, ch 18, § 64.
34-29A-43. Suspension of certificate for unsafe or noncomplying boiler--Duration of suspension.
The Department of Public Safety or its authorized representative may at any time suspend an operation certificate when, in its opinion, the boiler for which it was issued, cannot be operated without menace to the public safety, or when the boiler is found not to comply with the rules and regulations herein provided. Each suspension of an operation certificate shall continue in effect until such boiler is made to conform to the rules and regulations of the Department of Public Safety, and until the operation certificate is reinstated.
Source: SL 1973, ch 229, § 15; SL 1982, ch 18, § 65; SL 2003, ch 272, §§ 20, 121.
34-29A-46. Record of boilers and inspections.
The secretary of public safety, or his designee, shall keep a complete record of the type, dimensions, maximum allowable pressure, age, location, and date of the last recorded inspection of all boilers to which this chapter applies.
Source: SL 1973, ch 229, § 8 (2); SL 1982, ch 18, § 68; SL 2003, ch 272, §§ 20, 121.
34-29A-46.1. Operating boilers--Notification requirements.
The owner or installing contractor of a boiler operating in the state subject to this chapter shall notify the Office of the State Fire Marshal of its location and operating pressure. The notification for new boilers shall be given prior to the commencement of operation, and for existing boilers the notification shall be given on or before January 1, 1997. The Department of Public Safety shall adopt rules and forms for implementing this section pursuant to chapter 1-26. A violation of this section is a Class 2 misdemeanor.
Source: SL 1996, ch 216, § 5; SL 2003, ch 272, §§ 20, 121.
34-29A-47. Enforcement actions.
The secretary of public safety, or his designee, shall take action necessary for the enforcement of the laws of the state governing the use of boilers to which this chapter applies and of the rules and regulations of the Department of Public Safety.
Source: SL 1973, ch 229, § 8 (1); SL 1982, ch 18, § 69; SL 2003, ch 272, §§ 20, 121.
34-29A-48. Appeals from inspectors--Order approving or disapproving inspector's act.
Any person aggrieved by an order or an act of the chief inspector or his deputies, under this chapter may, within fifteen days' notice thereof, appeal from such order or act to the secretary of public safety who shall, within thirty days thereafter, issue an appropriate order either approving or disapproving order or act. A copy of such order by the secretary of public safety shall be given to all interested parties.
Source: SL 1973, ch 229, § 19; SL 2003, ch 272, §§ 20, 121.
34-29A-49. Judicial review of order--Summary hearing.
Within thirty days after any order or act of the secretary of public safety, any person aggrieved thereby may file a petition in the circuit court for a review thereof. The court shall summarily hear the petition and may make any appropriate order or decree.
Source: SL 1973, ch 229, § 19; SL 2003, ch 272, §§ 20, 121.
34-29A-50. Prosecution of violators.
The secretary of public safety, or his designee, shall cause the prosecution of all violators of the provisions of this chapter.
Source: SL 1973, ch 229, § 8 (5); SL 1982, ch 18, § 70; SL 2003, ch 272, §§ 20, 121.
34-29A-51. Deposit of fees in boiler inspection fund.
The secretary of public safety, or his designee, shall deposit all fees received pursuant to §§ 34-29A-35.1 to 34-29A-37, inclusive, to the treasurer of the state for deposit into the boiler inspection fund.
Source: SL 1973, ch 229, § 17; SL 1982, ch 18, § 71; SL 1989, ch 48, § 7; SL 2003, ch 272, §§ 20, 121.
34-29A-52. Expenditure of funds--Expenses included.
The chief inspector and his deputies shall be reimbursed for the travel expense incident to the maintenance of his office pursuant to § 3-9-2.
Source: SL 1973, ch 229, § 8(6); SL 1982, ch 18, § 72; SL 1986, ch 27, § 26.
34-29A-53. Municipal ordinances not to be less restrictive--Conflicting ordinances void.
No municipality or other governmental subdivision may make any laws, ordinances, or resolutions providing for the construction, installation, inspection, operation, maintenance, and repair of boilers within the limits of such municipality or governmental subdivision which are less restrictive than this chapter. Any such laws, ordinances, or resolutions, whenever made or passed, are void.
Source: SL 1973, ch 229, § 21; SL 1982, ch 18, § 73; SL 1992, ch 60, § 2.
