68-122-102 - Rules and regulations Part Definitions.
68-122-102. Rules and regulations Part Definitions.
(a) The board shall formulate definitions, rules and regulations for the safe and proper construction, installation, repair, use and operation of boilers in this state. The definitions, rules and regulations so formulated shall be based upon, and, at all times, follow the generally accepted nationwide engineering standards, formulae and practices established and pertaining to boiler construction and safety, and the board may by resolution adopt an existing published codification of standards, formulae and practices known as the Boiler Construction Code of the American Society of Mechanical Engineers, with the amendments and interpretations of the code 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, and to constitute a part of the whole of 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 nationwide engineering standards.
(b) The board shall promulgate rules and regulations for the safe and proper installation, repair, use and operation of boilers that were in use or installed ready for use in this state prior to the date upon which the first rules and regulations under this part pertaining to existing installations became effective, or during the twelve-month period immediately thereafter.
(c) 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 shall not be construed to prevent the installation thereof until twelve (12) months after their approval by the board.
(d) Amendments in the rules and regulations adopted by the board shall be permissive immediately and shall become mandatory twelve (12) months after such approval.
(e) As used in this part, unless the context otherwise requires:
(1) Boiler means and includes a closed vessel or vessels intended for use in heating water or other liquids or for generating steam or other vapors under pressure or vacuum by the direct application of heat from combustible fuels, electricity, or nuclear energy, and also includes an unfired pressure vessel, meaning a vessel in which pressure is obtained from an external source or from an indirect application of heat;
(2) Commissioner means the commissioner of labor and workforce development; and
(3) Department means the department of labor and workforce development.
[Acts 1949, ch. 246, § 1; C. Supp. 1950, § 5347.1 (Williams, §§ 5371.3, 5371.4); Acts 1955, ch. 48, § 1; T.C.A. (orig. ed.), § 53-2702; Acts 1989, ch. 11, § 7; T.C.A., § 68-20-102; Acts 1999, ch. 520, § 46.]