§ 95-69.11. Powers and duties of Commissioner.
§ 95‑69.11. Powers andduties of Commissioner.
The Commissioner of Labor ishereby charged, directed, and empowered:
(1) To adopt, modify, orrevoke rules governing the construction, operation, and use of boilers andpressure vessels, including, where necessary, requirements for fencing toprevent unauthorized persons from coming in contact with boilers and pressurevessels or the systems they are connected to.
(2) To delegate to theChief Inspector any powers, duties, and responsibilities that the Commissionerdetermines will best serve the public interest in the safe operation of boilersand pressure vessels, and to supervise the Chief Inspector in the performanceof those duties.
(3) To enforce rulesadopted under authority of this Article.
(4) To inspect boilersand pressure vessels covered under this Article.
(5) To issue inspectioncertificates to those boilers and pressure vessels found in compliance withthis Article.
(6) To enjoin violationsof this Article in the civil and criminal courts of this State.
(7) To keep adequaterecords of the type, dimensions, age, conditions, pressure allowed upon,location, and date of the last inspection of all boilers and pressure vesselsto which this Article applies.
(8) To require suchperiodic reports from inspectors, owners, and operators of boilers and pressurevessels as he deems appropriate in carrying out the purposes of this Article.
(9) To have free access,without notice, to any location in this State, during reasonable hours, where aboiler or pressure vessel is being built, installed, or operated for thepurpose of ascertaining whether such boiler or pressure vessel is built,installed, or operated in accordance with the provisions of this Article.
(10) To investigateserious accidents involving boilers and pressure vessels to determine thecauses of the accidents, and to have full subpoena powers in conducting theinvestigation.
(11) To establishreasonable fees for the inspection and issuance of inspection certificates forboilers and pressure vessels that are in use.
(12) To establishreasonable fees for the examination and certification of inspectors.
(13) To appoint qualifiedindividuals to the Board of Boiler and Pressure Vessel Rules.
(14) To performinspections and audits relating to the construction and repair of boilers andpressure vessels and to establish and collect fees for these activities.
(15) To order the paymentof civil penalties provided by this section.
(16) To require thatbefore any boiler or pressure vessel that is subject to this Article istransferred into the State, or is moved from one location to another within theState, the owner or the owner's authorized agent shall file with theCommissioner a written notice of intent to do so and the type of deviceinvolved and provide a copy of the specifications, previous inspectiondocuments, or other information that the Commissioner deems necessary todetermine whether the boiler or pressure vessel is in compliance with theprovisions of this Article and the rules adopted under this Article. (1975, c. 895, s. 4; 1985, c.620, s. 3; 1993, c. 351, s. 3; 2005‑453, s. 3.)