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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
PUBLIC SAFETY (430 ILCS 75/) Boiler and Pressure Vessel Safety Act. 430 ILCS 75/1
(430 ILCS 75/1) (from Ch. 111 1/2, par. 3201)
Sec. 1.
Citation of Act; application.
This Act may be cited as the Boiler
and Pressure Vessel Safety Act and, except as otherwise provided, shall apply
to fired and unfired steam boilers, hot water boilers, and pressure vessels.
(Source: P.A. 87-1169.)
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430 ILCS 75/2
(430 ILCS 75/2) (from Ch. 111 1/2, par. 3202)
Sec. 2.
Board of Boiler and Pressure Vessel Rules.
(a) There is created within the Office of the State Fire Marshal a
Board of Boiler and
Pressure Vessel Rules, which shall hereafter be referred to as the
Board, consisting of 7 members who shall be appointed to the Board by
the Governor, one for a term of one year, 2 for a term of 2 years, 2 for
a term of 3 years, and 2 for a term of 4 years. At the expiration of
their respective terms of office, they, or their successors
identifiable with the same interests respectively as hereinafter
provided, shall be appointed for terms of 4 years each. The Governor
may at any time remove any member of the Board for inefficiency or
neglect of duty in office. Upon the death or incapacity of any member
the Governor shall fill the vacancy for the remainder of the vacated
term with a representative of the same interests with which his
predecessor was identified.
Of these 7 appointed members, 2 shall be
representative of owners and users of boilers and pressure vessels
within the State, with one representing owners and users of high
pressure boilers and pressure vessels in utilities, manufacturing or
processing, who shall be registered in accordance with the
Professional Engineering Practice Act of 1989, and one representing
the owners and users
of low pressure boilers and pressure vessels in commercial buildings,
multiple housing or hotels. Of the remaining 5 appointed members, one
shall be representative of the boiler manufacturers within the State,
one shall be a representative of an insurance company licensed to
insure boilers and pressure vessels within the State,
one shall be a mechanical engineer
registered in accordance with the Professional Engineering
Practice Act of 1989, one shall be representative of the
boilermakers, and one shall be
representative of the practical steam operating engineers.
(b) The Board
shall annually elect one of its members to serve as
chairman. The chairman shall appoint a vice-chairman and secretary to
serve the same term as the chairman. At the call of
the chairman, the Board shall meet at least 4 times each year at the
State Capitol or other place designated by the Board.
(c) The members of the Board shall serve without salary, but shall
receive reimbursement for their actual traveling and hotel
expenses incurred while in the
performance of their duties as members of the Board in
accordance with the State of Illinois Travel Regulations.
(d) The Board shall formulate definitions, rules and regulations for
the safe and proper construction, installation, repair, maintenance,
alterations, inspections, use, and
operation of boilers and pressure vessels in this State. The
definitions, rules, and regulations so formulated shall be based upon,
and at all times follow, accepted engineering
standards, formulae, and practices pertaining to boiler
and pressure vessel construction and safety. The Board shall by
resolution adopt published codifications including, but not
limited to,
The Boiler and Pressure Vessel Code of The American Society of
Mechanical Engineers, the National Board of Boiler and Pressure Vessel
Inspectors Code, and the Maintenance, Inspection, Rating, Repair, and
Alteration of Pressure Vessels Standards of the American Petroleum
Institute with the amendments and
interpretations thereto
made and approved by those organizations, and may likewise adopt
the amendments and interpretations subsequently made and published by
the same organizations; and when so adopted those
Codes shall be deemed
incorporated into
the definitions, rules and regulations of the Board. Amendments to and
interpretations of the Codes so adopted shall be
adopted immediately upon
being promulgated, to the end that the definitions, rules and
regulations shall at all times follow
accepted
engineering standards.
(e) The Board shall promulgate rules and regulations for the safe
and proper repair, maintenance, alteration,
inspection, use, and operation of boilers and
pressure vessels which were in use or installed ready for use in this
State prior to the date upon which the first rules and regulations under
this Act pertaining to existing installations became effective, or
during the 12 month period immediately thereafter.
(f) 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 and pressure vessels shall not be construed
to prevent the installation thereof until 12 months after approval
of the rules in accordance with the Illinois Administrative Procedure
Act.
Rules and regulations of
the Board shall become effective
as provided therein.
(g) The Board shall establish fees for examinations, commissions,
inspection certificates, inspections, annual statements, shop inspections, and
other services.
(Source: P.A. 88-608, eff. 1-1-95; 89-467, eff. 1-1-97.)
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430 ILCS 75/2a
(430 ILCS 75/2a) (from Ch. 111 1/2, par. 3202a)
Sec. 2a. Nuclear facilities. Notwithstanding any other provision to
the contrary, the Illinois Emergency Management Agency shall have sole jurisdiction over all boilers and pressure
vessels contained within or upon or in connection with any nuclear facility
within this State. The Illinois Emergency Management Agency shall have the same
authority and shall have and exercise the same powers and duties in relation
to those boilers and pressure vessels under this Act as the Board
or the
State Fire Marshal have and exercise in relation to all boilers
and pressure vessels in this State that are not included in this
Section.
Notwithstanding any other provision to the contrary, the Illinois Emergency Management Agency shall establish by rule the types and frequency of
inspections of boilers and pressure vessels contained within or upon or in
connection with any nuclear facility. The rules may provide that multiple
boilers and pressure vessels in a nuclear power system shall be covered by
a single inspection certificate. The Illinois Emergency Management Agency may
enter into such agreements with the Board or the State Fire Marshal as are
necessary to carry out its duties under this Act. The agreements may
provide that the Illinois Emergency Management Agency shall accept and recognize
Special Inspector Commissions issued by the State Fire Marshal.
(Source: P.A. 94-748, eff. 5-8-06.)
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430 ILCS 75/2b
(430 ILCS 75/2b) (from Ch. 111 1/2, par. 3202b)
Sec. 2b. In addition to its other powers, the Illinois Emergency Management Agency is authorized to enter into agreements with the United States
Nuclear Regulatory Commission for the establishment of a coordinated and
comprehensive program to minimize the risks posed by boilers, pressure
vessels, and related components contained within or upon or in connection
with any nuclear facility within this State. The program may provide for
such inspections of nuclear facilities within the State as may be agreed
upon and for inspections within and outside the State of Illinois of
boilers and pressure vessels to be installed in any nuclear facility within
this State.
(Source: P.A. 94-748, eff. 5-8-06.)
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430 ILCS 75/2.1
(430 ILCS 75/2.1) (from Ch. 111 1/2, par. 3203)
Sec. 2.1.
Accident reports.
The Board shall adopt rules and
regulations
requiring the reporting
of accidents involving boilers and pressure vessels.
(Source: P.A. 87-1169.)
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430 ILCS 75/3
(430 ILCS 75/3) (from Ch. 111 1/2, par. 3204)
Sec. 3.
New
boilers and pressure vessels. A boiler or pressure vessel that
does not conform to the
rules and regulations formulated by the Board governing new construction
and installation shall not be installed and operated in this State unless the
boiler or pressure vessel is of special design or
construction and is not inconsistent with the spirit and safety objectives
of the rules and regulations, in which case a special installation
and
operating permit may at its discretion be granted by the Board.
(Source: P.A. 87-1169.)
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430 ILCS 75/4
(430 ILCS 75/4) (from Ch. 111 1/2, par. 3205)
Sec. 4. Existing
boilers and pressure vessels.
(a) The maximum allowable pressure consistent with the maximum and
minimum operating temperatures of a boiler carrying the ASME
Code symbol or of a pressure vessel carrying the ASME Code
symbol shall be determined by the applicable section of the Code under
which it was constructed and stamped or a later edition
of the ASME Code, provided the
rating conforms with the
rules of the later edition.
(b) The maximum allowable pressure consistent with the maximum and
minimum operating temperatures of a boiler or pressure vessel
that does not carry the ASME Code symbol shall be
computed in accordance with the rules and regulations of the
Board, unless the boiler
or pressure vessel is of special design or
construction, in which case the Board may grant, at its discretion, a special
operating permit consistent with the safety objectives of the rules and
regulations of the Board.
(c) This Act does not prohibit the use,
sale, or reinstallation of
a boiler or pressure vessel
referred to in this Section, provided it has
been made to conform to the rules and regulations of the Board
governing existing installations, and provided, further, it has not been
found upon inspection to be in an unsafe condition.
(Source: P.A. 94-748, eff. 5-8-06.)
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430 ILCS 75/5
(430 ILCS 75/5) (from Ch. 111 1/2, par. 3206)
Sec. 5. Exemptions.
(a) This Act shall not apply to the following boilers and pressure vessels:
(1) Boilers and pressure vessels under federal | | regulations, except for boiler and pressure vessels in nuclear facilities subject to Section 2a, and boilers and pressure vessels located in cities of more than 500,000 inhabitants.
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(2) Pressure vessels used for transportation and
| | storage of compressed or liquefied gases when constructed in compliance with specifications of the Department of Transportation and charged with gas or liquid, marked, maintained, and periodically requalified for use, as required by appropriate regulations of the Department of Transportation.
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(3) Pressure vessels located on vehicles operating
| | under the rules of other State authorities and used for carrying passengers or freight.
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(4) Pressure vessels installed on the right of way of
| | railroads and used directly in the operation of trains.
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(5) Boilers and pressure vessels under the inspection
| | jurisdiction of the Department of Natural Resources and located on mine property.
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(6) Boilers and pressure vessels located on farms and
| | used solely for agricultural purposes.
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(7) Steam boilers of a miniature model locomotive,
| | boat, tractor, or stationary engine constructed and maintained as a hobby and not for commercial use, that have an inside diameter not exceeding 12 inches and a grate area not exceeding 1 1/2 square feet, provided they are constantly attended while in operation and are equipped with a water level indicator, pressure gauge, and a safety valve of adequate capacity.
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(8) Pressure vessels regulated and inspected under
| | the Illinois Fertilizer Act of 1961.
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(9) Pressure vessels containing liquefied petroleum
| | gas regulated under the Liquefied Petroleum Gas Regulation Act.
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(b) The following boilers and pressure vessels shall be exempt from
the requirements of Sections 10, 11, 12, and 13 of this Act:
(1) Steam boilers used for heating purposes and
| | operated at a pressure not in excess of 15 pounds per square inch gauge (psig) and having a rating not in excess of 200,000 B.T.U. per hour input.
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(2) Hot water heating boilers operated at a pressure
| | not in excess of 30 psig and having a rating not in excess of 200,000 B.T.U. per hour.
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(3) Boilers and pressure vessels, located in private
| | residences or in multi-family buildings having fewer than 6 dwelling units.
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(4) Hot water supply boilers that are directly fired
| | with oil, gas, or electricity when none of the following limitations are exceeded:
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| (A) Heat input of 200,000 BTU per hour.
(B) Water temperature of 200 degrees Fahrenheit.
(C) Nominal water containing capacity of 120 U.S.
| | (5) Coil type hot water boilers where the water can
| | flash into steam when released directly to the atmosphere through a manually operated nozzle provided the following conditions are met:
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| (A) There is no drum, headers, or other steam
| | (B) No steam is generated within the coil.
(C) Outside diameter of tubing does not exceed 1
| | (D) Pipe size does not exceed 3/4 inch NPS.
(E) Water capacity of unit does not exceed 6 U.S.
| | (F) Water temperature does not exceed 350 degrees
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(6) Pressure vessels containing only water under
| | pressure for domestic supply purposes, including those containing air, the compression of which serves only a cushion or airlift pumping function.
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(7) Pressure vessels operated at a pressure not
| | exceeding 15 psig with no limitation on size.
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| (8) Pressure vessels that do not exceed:
(A) Both a volume of 15 cubic feet and 250 psig
| | when not located in a place of public assembly.
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| (B) Both a volume of 5 cubic and 250 psig when
| | located in a place of public assembly.
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| (C) A volume of 1 1/2 cubic feet or an inside
| | diameter of 6 inches with no limitation on pressure.
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| (9) Water conditioning equipment used for the removal
| | of minerals, chemicals, or organic or inorganic particles from water by means other than application of heat including, without limitation, water softeners, water filters, dealkalizers, and demineralizers.
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| (10) Steam boilers of railroad locomotives and
| | traction engines built prior to 1955 that were constructed or operated in compliance with the Federal Locomotive Inspection Law and are in the permanent collection of a museum or historical association are exempt from the requirements of subsection (c) of Section 10 upon proof of such construction or inspection being furnished to the Board.
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| (c) (Blank).
(Source: P.A. 98-756, eff. 7-16-14.)
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430 ILCS 75/6
(430 ILCS 75/6) (from Ch. 111 1/2, par. 3207)
Sec. 6.
Chief Inspector.
(a) The State Fire Marshal shall
employ a Chief Inspector who has not less than 10 years practical
experience in the construction, maintenance, repair, or operation of
high pressure boilers and pressure vessels as a mechanical
engineer, steam engineer, boilermaker, or boiler inspector and has
passed the examination prescribed in Section 9 of this Act.
(b) The Chief Inspector has the following powers and duties:
(1) To cause the prosecution of all violators of this | |
(2) To issue, or to suspend or revoke for cause,
| | Inspection Certificates as provided for in Section 11 of this Act.
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(3) To draw upon the State funds necessary to meet
| | the expense authorized by this Act, including the necessary traveling expenses of the Chief Inspector and his Deputies and the expenses incident to the maintenance of his office.
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(4) To take action necessary for the enforcement of
| | the laws of the State governing the use of boilers and pressure vessels and of the rules and regulations of the Board.
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(5) To keep a complete record of the type,
| | dimensions, maximum allowable working pressure, age, condition, location, and date of the last recorded internal inspection of all boilers and the last recorded internal or external inspection of all pressure vessels to which this Act applies.
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(6) To publish and distribute, among manufacturers
| | and others requesting them, copies of the rules and regulations adopted by the Board.
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(Source: P.A. 87-1169.)
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430 ILCS 75/7
(430 ILCS 75/7) (from Ch. 111 1/2, par. 3208)
Sec. 7.
Deputy Inspectors.
The Office of the State Fire Marshal shall employ Deputy Inspectors who
shall be responsible to the Chief Inspector and who shall have had at
time of appointment not less than 5 years practical experience
in
the construction, maintenance, repair, or operation of high pressure
boilers and pressure vessels as a mechanical engineer, steam
engineer, boilermaker, or boiler inspector and shall have passed
the examination provided for in Section 9 of this Act.
(Source: P.A. 87-1169.)
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430 ILCS 75/8
(430 ILCS 75/8) (from Ch. 111 1/2, par. 3209)
Sec. 8. Special Inspectors.
(a) The
Office of the State Fire Marshal shall, upon the request of
any company authorized to write boiler and pressure vessel insurance
in this State or authorized under Section 15 of this Act, issue to inspectors of the company
commissions as Special Inspectors, provided that each inspector
before receiving his commission shall meet the experience requirements of
the Board and shall:
(1) satisfactorily pass the examination provided for | | in Section 9 of this Act; or
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(2) in lieu of that examination, hold a Certificate
| | of Competency as an inspector of boilers or pressure vessels for a jurisdiction that has a standard of examination substantially equal to that of the State of Illinois; or
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(3) hold a Commission as an inspector of boilers and
| | pressure vessels from the National Board of Boiler and Pressure Vessel Inspectors.
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(b) Special Inspectors shall receive no salary from, nor shall
any of their expenses be paid by, the State. The continuance of a
Special Inspector's Commission shall be conditioned upon his continuing
in the employ of the duly authorized insurance company or
owner-user and upon maintenance of the standards
imposed by this Act.
(c) Special Inspectors shall inspect boilers and pressure
vessels insured or operated by their respective companies.
The Board may impose limitations on owner-user inspectors who have
received their commissions based on the American Petroleum Institute API-510
Inspectors Examination. When
so inspected, the owners and users of insured or self-insured
boilers and pressure
vessels shall be exempt from the payment to the State of the inspection
fees provided for in Section 13 of this Act.
(d) Within 10 business days following each boiler or pressure vessel certificate inspection,
except the inspection of pressure vessels covered by subsection (c)
of Section 11 of this Act, made by
a Special Inspector, the company employing the
inspector shall file a report of the inspection with the Chief
Inspector either electronically or upon the appropriate forms. Reports of non-certificate external inspections need
not be submitted except when those
inspections disclose that the boiler or
pressure vessel is in an unsafe condition or in
violation of the rules and regulations of the Board.
(e) The State Fire Marshal, the Chief
Inspector, or any Deputy or Special Inspector, shall have free access to any
premises in the State to perform
inspections and investigations in accordance with the
provisions of this Act.
(Source: P.A. 94-748, eff. 5-8-06.)
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430 ILCS 75/9
(430 ILCS 75/9) (from Ch. 111 1/2, par. 3210)
Sec. 9.
Examinations and commissions.
(a) Examinations for Chief, Deputy, and Special Inspectors shall be in
writing. The Board may utilize an outside testing or service
agency for the examination. An applicant who fails to pass the examination
may appeal to the Board for another examination which shall be given by
the Board within 90 days. The results of an
applicant's examination
shall be reported to the applicant and
the applicant's employer. An examination
fee in the amount established by the Board payable to
the Office of the State Fire Marshal shall
accompany the application.
A commission issued under the provisions of this Section shall
be for a period of one year upon the payment of the fee established by the
Board. The
commission may be
renewed
annually upon payment of the fee established by the Board. The fees
shall be
paid to the Office of the State
Fire Marshal.
(b) A commission may be suspended or revoked by the State Fire Marshal upon
the
written recommendation by the Chief Inspector.
A person
whose commission has been suspended or revoked shall be entitled to appeal to
the Board
as provided in Section 16 of this Act.
(c) If a certificate or commission is lost or destroyed a new
certificate or commission shall be issued in its place without another
examination.
(Source: P.A. 89-467, eff. 1-1-97.)
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430 ILCS 75/10
(430 ILCS 75/10) (from Ch. 111 1/2, par. 3211)
Sec. 10. Inspection of boilers and pressure vessels.
(a) Each boiler
or pressure vessel used or proposed to be used within this State, except
boilers or pressure vessels exempt under this Act or rules and regulations of
the Board, shall be
thoroughly inspected as to its construction, installation, condition, and
operation as follows:
(1) Power boilers shall be inspected annually both | | internally and externally while not under pressure and shall also be inspected annually externally while under pressure if possible; provided that any power boiler or steam generator, the operation of which is an integral part of or a necessary adjunct to other continuous processing operations, shall be inspected internally at such intervals as are permitted by the shutting down of the processing operations. The Board may provide by rules and regulations for extension of time within which power boilers are required to be inspected based upon type, function, or manner of operation.
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(2) Low pressure steam, hot water heating, and hot
| | water supply boilers shall be inspected biennially as required by the rules and regulations of the Board.
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(3) Traction steam engine boilers and other boilers
| | constructed before the effective date of this amendatory Act of 1992 and operated solely for exhibition purposes may be issued an inspection certificate by the Chief or Deputy Inspector, provided the owner can establish and document that the design, materials, fabrication, examination, testing, and operation are in accordance with the rules and regulations of the Board. Traction engine boilers and other boilers used solely for exhibition purposes shall be inspected every 2 years.
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(4) Pressure vessels subject to internal corrosion
| | shall receive a certificate inspection every 3 years as required by rules and regulations of the Board. However, the standards of inspection and repair of pressure vessels in service by an owner-user authorized under Section 15 shall, at the option of the owner-user, be either (1) the applicable rules and regulations in the National Board Inspection Code, or (2) the applicable section in the American Petroleum Institute API-510, "API Recommended Practice for Inspection, Repair, and Rating of Pressure Vessels in Petroleum Refining Service".
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(5) Pressure vessels not subject to internal
| | corrosion shall receive certificate inspection at intervals set by the Board, but internal inspection shall not be required of pressure vessels containing materials that are known to be noncorrosive to the material of which the shell, heads, or fittings are constructed, either from the chemical composition of the materials or from evidence that the materials are adequately treated with a corrosion inhibitor, provided that the vessels are constructed in accordance with the rules and regulations of the Board.
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A grace period of 2 months beyond the period specified in this Section
may elapse between internal
inspections of a boiler while it is not under pressure and between external
inspections of a boiler while it is under pressure. The Board may, in its
discretion, permit longer periods between certificate inspection.
The inspections herein required shall be made by the Chief Inspector, a
Deputy Inspector, or a Special Inspector provided for in this
Act.
(b) If at any time a test is deemed necessary for a stated cause by
the inspector, the owner or user shall perform a
test acceptable to the inspector in the
presence of and under the direction of the
inspector.
(c) All boilers and pressure vessels, except those
otherwise exempted by the Board, shall be inspected during
construction, as required by the applicable rules and regulations of the
Board, by an inspector authorized to inspect boilers and pressure vessels
in this State or, if constructed outside of the State, by an inspector
holding a Certificate from the National Board of Boiler and Pressure
Vessel Inspectors or a Certificate of Competency as an inspector of
boilers and pressure vessels for a jurisdiction that has a standard of
examination substantially equal to that of this State as provided in
Section 9.
(Source: P.A. 94-748, eff. 5-8-06.)
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430 ILCS 75/11
(430 ILCS 75/11) (from Ch. 111 1/2, par. 3212)
Sec. 11. Inspection Certificates and annual statements.
(a) Each
company employing Special Inspectors, except a company operating
pressure vessels covered by an owner-user inspection
service shall, within
10 business days following each certificate inspection, file a report of inspection with
the Chief Inspector
electronically or upon the appropriate forms as approved by the division.
(b) If the report filed pursuant to subsection (a) of this Section
shows that a boiler or pressure vessel is found to comply with the
rules and regulations of the Board, the owner or user thereof shall pay
directly to the Office of the State Fire Marshal the fee established by the
Board,
and the Chief
Inspector shall issue to the owner or user
an Inspection Certificate bearing the date of inspection and specifying
the maximum pressure under which the boiler or pressure vessel may be
operated.
Notwithstanding any other provision of this Section, an Inspection Certificate
shall remain valid beyond the expiration date noted on the certificate until
the boiler or pressure vessel is reinspected by the authorized inspecting
authorities or until the certificate is suspended by the Chief Inspector,
provided that the owner or user of the boiler or pressure vessel makes it
available for inspection at reasonable times. Certificates shall be posted in
the room containing the
boiler or pressure vessel inspected. If the boiler or pressure vessel is
not located within the building, the certificate shall be posted in a
location convenient to the boiler or pressure vessel inspected or in any
place where it will be accessible to interested parties.
(c) Each company operating pressure vessels covered by an owner-user
inspection program meeting the requirements of subsection (a) of
Section 8 of this Act shall maintain in its files an inspection record,
which shall list, by number and such abbreviated description as may be
necessary for identification, each pressure vessel covered by this Act,
the date of the last inspection of each unit, and the approximate date for the
next inspection. The inspection date
shall be arrived at by applying the appropriate rules to all data
available at the time the inspection record is compiled. The
inspection record shall be readily available for examination by the
Chief Inspector or his authorized representative during business hours.
Each such company shall, in addition, file annually with the Chief
Inspector a statement, signed by the person having supervision over
the inspections made during the period covered, stating the number of
vessels covered by this Act inspected during the year and certifying
that each inspection was conducted pursuant to the inspection
standards provided for by this Act. The annual statement shall be
accompanied by the fee established by the
Board.
(d) (Blank).
(e) The Chief Inspector or his authorized representative may at any
time suspend an Inspection Certificate when, in his opinion, the boiler
or pressure vessel for which it was issued cannot be operated without
menace to public safety, when the boiler or pressure vessel is
found not to comply with the rules and regulations herein provided, or
when an owner or operator has failed to pay any required fees or refused to
allow inspection. In
that event, the Chief Inspector or his representative shall issue a Notice
of Suspension, which shall be posted in a conspicuous location on or near
the posted Inspection Certificate. Each suspension of an Inspection
Certificate shall continue in effect until the boiler or pressure vessel
has been made to conform to the rules and regulations of the Board,
and until the Inspection Certificate has been reinstated.
(Source: P.A. 94-748, eff. 5-8-06.)
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430 ILCS 75/12
(430 ILCS 75/12) (from Ch. 111 1/2, par. 3213)
Sec. 12.
Violations and penalties.
(a) It shall be unlawful for any person, firm, partnership or corporation to
operate in this State a boiler
or pressure vessel, except a pressure vessel covered by
an owner-user inspection service as provided for
in Sections 8 and 15 of this Act,
without a valid Inspection
Certificate. Except as otherwise provided in subsection
(b), the operation
of a boiler or pressure vessel without an Inspection
Certificate
or at a pressure exceeding that specified in the Inspection
Certificate
shall constitute a petty offense on the part of the owner, user, or
operator thereof. Each day
of unlawful operation shall be deemed a separate offense.
(b) Any person who knowingly operates or allows the operation of a boiler
or pressure vessel when an Inspection Certificate issued for it has been
suspended pursuant to subsection (e) of Section 11
shall be guilty of a Class
B misdemeanor. Each day of unlawful operation shall be deemed a separate
offense.
(c) Any person who submits or causes to be submitted an inspection
report or annual statement required by this Act which contains a false
statement that he does not believe to be true is guilty of a
Class A misdemeanor.
(d) Any person, firm, partnership, corporation, or governmental entity
that knowingly fails to notify the Chief Inspector within 24 hours, or on
the next business day, of an accident, explosion, event, or incident that
serves to render a boiler or pressure vessel inoperative because of damage or
failure or that involves any bodily injury or death to any person is
guilty of a Class B misdemeanor, if a natural person, or a business offense
punishable by a fine of not less than $501 and not more than $10,000, if a
corporation or governmental entity.
(Source: P.A. 87-1169.)
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430 ILCS 75/12.1
(430 ILCS 75/12.1) (from Ch. 111 1/2, par. 3213.1)
Sec. 12.1.
Removal of certificate.
Any person who without
authorization removes, defaces, or
alters an Inspection Certificate or Notice of Suspension issued under this
Act is guilty of a Class A misdemeanor.
(Source: P.A. 87-1169.)
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430 ILCS 75/13
(430 ILCS 75/13) (from Ch. 111 1/2, par. 3214)
Sec. 13.
Inspection fees.
The owner or user of a boiler or pressure
vessel required by this Act to be inspected by the Chief Inspector or
his Deputy Inspector shall pay directly to the Office of the State Fire
Marshal, upon
completion of inspection, fees established by the
Board.
On and after October 1, 2003, 50% of the fees for certification of boilers
and pressure vessels as described in Section 11 shall be deposited into the
General Revenue Fund and the remaining fees received under this Act shall be
deposited in the Fire Prevention Fund.
(Source: P.A. 93-32, eff. 7-1-03.)
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430 ILCS 75/14
(430 ILCS 75/14)
Sec. 14. (Repealed).
(Source: Laws 1951, p. 2105. Repealed by P.A. 94-748, eff. 5-8-06.)
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430 ILCS 75/15
(430 ILCS 75/15) (from Ch. 111 1/2, par. 3216)
Sec. 15. Self-insurers. Any owner or user of boilers or pressure vessels subject to Section 10 of
this Act who
maintains and operates, under the supervision of one or more regularly
employed engineers who meet the experience and
education requirements of the Board, an inspection or maintenance program in
which one or more inspectors are regularly employed on inspection of boilers or
pressure vessels operated by the
owner or
user shall, upon
application to the Board showing that fact
and showing that the owner or user
has the financial ability to bear any loss and to pay
all final
judgments or awards obtained against the owner or user by
reason of the operation
of the boilers or pressure vessels, be authorized to act as a self-insurer
of his or its
boiler and pressure vessel risk in this State; and when
so authorized, the owner-user shall employ special
inspectors to supervise
inspections performed at the owner-user's facilities.
The owner-user and the regularly employed special inspectors shall be
entitled
to all the
rights and privileges and shall be subject to all the requirements, duties,
and obligations provided in this Act respectively for boiler and pressure
vessel insurance companies and special inspectors.
(Source: P.A. 94-748, eff. 5-8-06.)
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430 ILCS 75/16
(430 ILCS 75/16) (from Ch. 111 1/2, par. 3217)
Sec. 16.
Appeals; appointment of hearing officer.
Any person
aggrieved by an order or act of the
State Fire Marshal, or the Chief Inspector, under this Act
may, within 15 days after notice thereof, appeal from
the order or
act to the Board which shall, within 30 days thereafter, hold a
hearing after having given at least 10 days written notice to all
interested parties. The Board shall, within 30 days after
the
hearing, issue an appropriate order either approving or disapproving
the order or act. A copy of the order by the
Board shall be given to
all interested parties.
The Board has the authority to
appoint any attorney duly licensed to practice law in the State of Illinois
to serve as the hearing officer in any action. The hearing officer has
full authority to conduct the hearing. The Board has the right to have at
least one member present at any hearing conducted by the hearing officer.
The hearing officer shall report his findings of fact, conclusions of law,
and recommendations to the Board. The Board shall have 60 days from
receipt of the report to review the report of the hearing officer and issue
an order based on the report of the hearing officer.
All final administrative decisions of the Board hereunder shall be
subject to judicial review pursuant to the provisions of the
Administrative Review Law. The
term "administrative decision" is defined as in Section 3-101 of the Code
of Civil Procedure.
(Source: P.A. 87-1169.)
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