23-485
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23-485. Special inspectors; civil liability A. The division, upon the request of any company authorized to insure against loss from explosion of boilers or lined hot water storage heaters in this state, may issue to any inspector of that company a certificate as a special inspector. The division may also, upon the request of any company operating boilers or lined hot water storage heaters in this state, issue to any inspector of the company a certificate as a special inspector. Before receiving a certificate, the inspector must satisfactorily pass a written examination given by the division. B. A certificate as a special inspector in this state shall be issued, in lieu of such examination, if the inspector holds a certificate of competency as an inspector of boilers or lined hot water storage heaters for a state that has a standard of examination substantially equal to that of this state or a commission as an inspector of boilers and pressure vessels issued by the national board of boiler and pressure vessel inspectors. C. A certificate as a special inspector for a company operating boilers or lined hot water storage heaters in this state shall be issued only if, in addition to meeting the requirements of this section, the inspector is employed full time by such company and the inspector's duties include making inspections of boilers or lined hot water storage heaters to be used by such company and not for resale. D. Each company employing such special inspectors, within sixty days following each boiler certificate inspection made by the inspectors, shall file a report of the inspection with the division upon appropriate forms. Reports of external inspections shall not be required except when such inspections disclose that the boiler or lined hot water storage heater is in a dangerous condition. E. All insurance companies shall notify the division of all boilers or lined hot water storage heaters upon which insurance is written. All insurance companies shall also notify the division of all boilers or hot water storage heaters upon which insurance is cancelled, not renewed or suspended because of unsafe conditions. F. The furnishing of boiler certificate inspections, as authorized by the commission pursuant to section 23-475, that are conducted incidental to the issuance or renewal of boiler and machinery insurance when performed in accordance with the standards and regulations adopted by the commission shall not subject an insurer, whether domestic or foreign, its agents or its employees to liability for damages for any act or omission in the course of performing inspections as provided by this section. 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. |