CHAPTER 6. REGULATED BOILERS AND PRESSURE VESSELS; BOILER AND PRESSURE VESSEL INSPECTORS
IC 22-15-6
Chapter 6. Regulated Boilers and Pressure Vessels; Boiler and
Pressure Vessel Inspectors
IC 22-15-6-0.5
Chapter application
Sec. 0.5. This chapter applies to a regulated boiler and pressure
vessel as set forth in rules adopted by the rules board under
IC 4-22-2.
As added by P.L.141-2003, SEC.16.
IC 22-15-6-1
IC 22-15-6-2 through IC 22-15-6-3 not applicable to certain boilers
and pressure vessels
Sec. 1. Sections 2 through 3 of this chapter do not apply to any
regulated boiler or pressure vessel exempted by a rule adopted by the
rules board under IC 4-22-2.
As added by P.L.245-1987, SEC.4. Amended by P.L.141-2003,
SEC.17.
IC 22-15-6-2
Inspection program; operating permit; qualification of applicants;
rules
Sec. 2. (a) The division shall conduct a program of periodic
inspections of regulated boilers and pressure vessels.
(b) The division or a boiler and pressure vessel inspector acting
under section 4 of this chapter shall issue a regulated boiler and
pressure vessel operating permit to an applicant who qualifies under
this section.
(c) Except as provided in subsection (f), a permit issued under this
section expires one (1) year after it is issued. The permit terminates
if it was issued by an insurance company acting under section 4 of
this chapter and the applicant ceases to insure the boiler or pressure
vessel covered by the permit against loss by explosion with an
insurance company authorized to do business in Indiana.
(d) To qualify for a permit or to renew a permit under this section,
an applicant must do the following:
(1) Demonstrate through an inspection that the regulated boiler
or pressure vessel covered by the application complies with the
rules adopted by the rules board.
(2) Pay the fee set under IC 22-12-6-6(a)(8).
(e) An inspection under subsection (d)(2) shall be conducted as
follows:
(1) An inspection for an initial permit shall be conducted by:
(A) the division; or
(B) an owner or user inspection agency.
(2) An inspection for a renewal permit shall be conducted by
one (1) of the following:
(A) An insurance company inspection agency, if the vessel
is insured under a boiler and pressure vessel insurance policy
and the renewal inspection is not conducted by an owner or
user inspection agency.
(B) An owner or user inspection agency.
(C) The division, if:
(i) the owner or user of a vessel is not licensed as an
owner or user inspection agency and the vessel is not
insured under a boiler and pressure vessel insurance
policy; or
(ii) the regulated boiler or pressure vessel operating permit
has lapsed.
(f) The rules board may, by rule adopted under IC 4-22-2, specify
a period between inspections of more than one (1) year. However,
the rules board may not set an inspection period of greater than five
(5) years for regulated pressure vessels or steam generating
equipment that is an integral part of a continuous processing unit.
As added by P.L.245-1987, SEC.4. Amended by P.L.136-1990,
SEC.3; P.L.119-2002, SEC.29; P.L.141-2003, SEC.18; P.L.1-2006,
SEC.397; P.L.68-2009, SEC.5.
IC 22-15-6-3
Operation without a permit; offense; application of section
Sec. 3. (a) This section does not apply to a person who uses a
regulated boiler or pressure vessel unless the person has authority to:
(1) construct, repair, or maintain the regulated boiler or pressure
vessel; or
(2) place the regulated boiler or pressure vessel out of service.
(b) This section applies to the following:
(1) Each person who operates a regulated boiler or pressure
vessel.
(2) Each person who controls the operation of a regulated boiler
or pressure vessel.
(3) Each person who controls the place where the regulated
boiler or pressure vessel is operated.
(c) A person described in subsection (b) commits a Class C
infraction if:
(1) a regulated boiler or pressure vessel is operated; and
(2) no regulated boiler and pressure vessel permit issued under
this chapter covers the operation.
As added by P.L.245-1987, SEC.4.
IC 22-15-6-4
"Inspection agency" defined; authority of licensed inspector;
reports; violations; notice; disciplinary action
Sec. 4. (a) As used in this chapter, "inspection agency" means:
(1) an insurance company inspection agency; or
(2) an owner or user inspection agency;
licensed under section 6 of this chapter.
(b) A boiler and pressure vessel inspector licensed under section
5 of this chapter and employed by an inspection agency may perform
any of the following:
(1) An inspection required by section 3 of this chapter.
(2) The issuance of a permit under section 3 of this chapter.
(3) The issuance of an appropriate order under IC 22-12-7 when
an equipment law has been violated.
(c) The authority of an inspector acting under this chapter is
limited to enforcement related to regulated boilers or pressure vessels
insured, owned, or operated by the inspection agency employing the
inspector.
(d) Unless an annual report is substituted under subsection (e), an
inspection agency shall, within thirty (30) days after the completion
of an inspection, submit to the division the report required by the
rules board. In addition to any other information required by the rules
board, the inspector conducting the inspection shall cite on the report
any violation of the equipment law applicable to the regulated boiler
or pressure vessel.
(e) In the case of boilers or pressure vessels inspected by an
owner or user inspection agency, an annual report filed on or before
the annual date as the rules board may prescribe for each report may
be substituted. An annual report of an owner or user inspection
agency must list, by number and abbreviated description necessary
for identification, each boiler and pressure vessel inspected during
the covered period, the date of the last inspection of each unit, and
for each pressure vessel the approximate date for its next inspection
under the rules of the rules board. Each annual report of an owner or
user inspection must also contain the certificate of a professional
engineer registered under IC 25-31 and having supervision over the
inspections reported, swearing or affirming under penalty of perjury
that each inspection was conducted in conformity with the equipment
laws.
(f) An owner or user inspection agency shall pay the fee set under
IC 22-12-6 with a report under subsection (e).
(g) In addition to the reports required by subsections (d) and (e),
an owner, a user, or an inspection agency shall immediately notify
the division when an incident occurs to render a boiler or pressure
vessel inoperative.
(h) An inspection agency, an owner, or a user that violates this
section is subject to a disciplinary action under IC 22-12-7.
As added by P.L.245-1987, SEC.4. Amended by P.L.141-2003,
SEC.19; P.L.1-2006, SEC.398.
IC 22-15-6-5
Inspector license; qualification of applicants; examination;
exemption
Sec. 5. (a) The division shall issue a boiler and pressure vessel
inspector license to an applicant who qualifies under this section.
(b) To qualify for a license under this section an applicant must:
(1) meet the qualifications set by the rules board in its rules;
(2) pass an examination approved by the rules board and
conducted, supervised, and graded as prescribed by the rules
board; and
(3) pay the fee set under IC 22-12-6-6(a)(9).
(c) The rules board may exempt an applicant from any part of the
examination required by subsection (b) if the applicant has:
(1) a boiler and pressure vessel inspector's license issued by
another state with qualifications substantially equal to the
qualifications for a license under this section; or
(2) a commission as a boiler and pressure vessel inspector
issued by the National Board of Boiler and Pressure Vessel
Inspectors.
As added by P.L.245-1987, SEC.4. Amended by P.L.119-2002,
SEC.30; P.L.1-2006, SEC.399.
IC 22-15-6-6
Owner or user inspection agency; license; qualification of
applicants; required information; enforcement
Sec. 6. (a) The division shall issue a license to act as an owner or
user boiler and pressure vessel inspection agency to an applicant who
qualifies under this section.
(b) A license issued under this section expires if the bond required
by subsection (c)(3) becomes invalid.
(c) To qualify for a license under this section an applicant must:
(1) submit the name and address of the applicant;
(2) submit proof that inspections will be supervised by one (1)
or more professional engineers licensed under IC 25-31 and
regularly employed by the applicant;
(3) provide a surety bond issued by a surety qualified to do
business in Indiana for one hundred thousand dollars
($100,000), made payable to the division and conditioned upon
compliance with the equipment laws applicable to inspections
and the true accounting for all funds due to the division; and
(4) pay the fee set under IC 22-12-6-6(a)(9).
(d) An owner or user boiler and pressure vessel inspection agency
licensee under this section shall maintain with the division the most
current name and address of the licensee and the name of the
professional engineer supervising the licensee's inspections and
notify the division of any changes within thirty (30) days after the
change occurs. An inspection agency that violates this subsection is
subject to a disciplinary action under IC 22-12-7.
(e) The rules board may establish standards for the operation of
inspection agencies.
(f) An inspection agency that violates this section is subject to a
disciplinary action under IC 22-12-7.
As added by P.L.245-1987, SEC.4. Amended by P.L.119-2002,
SEC.31; P.L.141-2003, SEC.20; P.L.1-2006, SEC.400.