Full Text of SB3011 94th General Assembly
SB3011enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning public safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Boiler and Pressure Vessel Safety Act is | 5 |
| amended by changing Sections 2a, 2b, 4, 5, 8, 10, 11, and 15 as | 6 |
| follows:
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| (430 ILCS 75/2a) (from Ch. 111 1/2, par. 3202a)
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| Sec. 2a. Nuclear facilities. Notwithstanding any other | 9 |
| provision to
the contrary, the Illinois Emergency Management | 10 |
| Agency
Department
of Nuclear Safety shall have sole | 11 |
| jurisdiction over all boilers and pressure
vessels contained | 12 |
| within or upon or in connection with any nuclear facility
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| within this State. The Illinois Emergency Management Agency
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| Department of Nuclear Safety shall have the same
authority and | 15 |
| shall have and exercise the same powers and duties in relation
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| to those boilers and pressure vessels under this Act as the | 17 |
| Board
or the
State Fire Marshal have and exercise in relation | 18 |
| to all boilers
and pressure vessels in this State that are not | 19 |
| included in this
Section.
Notwithstanding any other provision | 20 |
| to the contrary, the Illinois Emergency Management Agency
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| Department of
Nuclear Safety shall establish by rule the types | 22 |
| and frequency of
inspections of boilers and pressure vessels | 23 |
| contained within or upon or in
connection with any nuclear | 24 |
| facility. The rules may provide that multiple
boilers and | 25 |
| pressure vessels in a nuclear power system shall be covered by
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| a single inspection certificate. The Illinois Emergency | 27 |
| Management Agency
Department of Nuclear Safety may
enter into | 28 |
| such agreements with the Board or the State Fire Marshal as are
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| necessary to carry out its duties under this Act. The | 30 |
| agreements may
provide that the Illinois Emergency Management | 31 |
| Agency
Department of Nuclear Safety shall accept and recognize
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| Special Inspector Commissions issued by the State Fire Marshal.
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| (Source: P.A. 86-901; 87-1169.)
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| (430 ILCS 75/2b) (from Ch. 111 1/2, par. 3202b)
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| Sec. 2b. In addition to its other powers, the Illinois | 4 |
| Emergency Management Agency
Department of Nuclear
Safety is | 5 |
| authorized to enter into agreements with the United States
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| Nuclear Regulatory Commission for the establishment of a | 7 |
| coordinated and
comprehensive program to minimize the risks | 8 |
| posed by boilers, pressure
vessels, and related components | 9 |
| contained within or upon or in connection
with any nuclear | 10 |
| facility within this State. The program may provide for
such | 11 |
| inspections of nuclear facilities within the State as may be | 12 |
| agreed
upon and for inspections within and outside the State of | 13 |
| Illinois of
boilers and pressure vessels to be installed in any | 14 |
| nuclear facility within
this State.
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| (Source: P.A. 86-901.)
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| (430 ILCS 75/4) (from Ch. 111 1/2, par. 3205)
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| Sec. 4. Existing
boilers and pressure vessels.
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| (a) The maximum allowable pressure consistent with the | 19 |
| maximum and
minimum operating temperatures of a boiler carrying | 20 |
| the ASME
Code symbol or of a pressure vessel carrying the ASME | 21 |
| or API-ASME Code
symbol shall be determined by the applicable | 22 |
| section of the Code under
which it was constructed and stamped | 23 |
| or a later edition
of the ASME Code, provided the
rating | 24 |
| conforms with the
rules of the later edition.
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| (b) The maximum allowable pressure consistent with the | 26 |
| maximum and
minimum operating temperatures of a boiler or | 27 |
| pressure vessel
that does not carry the ASME or the API-ASME | 28 |
| Code symbol shall be
computed in accordance with the rules and | 29 |
| regulations of the
Board, unless the boiler
or pressure vessel | 30 |
| is of special design or
construction, in which case the Board | 31 |
| may grant, at its discretion, a special
operating permit | 32 |
| consistent with the safety objectives of the rules and
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| regulations of the Board.
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| (c) This Act does not prohibit the use,
sale, or |
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| reinstallation of
a boiler or pressure vessel
referred to in | 2 |
| this Section, provided it has
been made to conform to the rules | 3 |
| and regulations of the Board
governing existing installations, | 4 |
| and provided, further, it has not been
found upon inspection to | 5 |
| be in an unsafe condition.
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| (Source: P.A. 87-1169.)
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| (430 ILCS 75/5) (from Ch. 111 1/2, par. 3206)
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| Sec. 5. Exemptions.
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| (a) This Act shall not apply to the following boilers and | 10 |
| pressure vessels:
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| (1) Boilers and pressure vessels under federal | 12 |
| regulations, except for
boiler and pressure vessels in | 13 |
| nuclear facilities subject to Section 2a, and
boilers and | 14 |
| pressure vessels located in cities of more than 500,000
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| inhabitants.
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| (2) Pressure vessels used for transportation and | 17 |
| storage of
compressed or liquefied gases when constructed | 18 |
| in compliance with
specifications of the Department of | 19 |
| Transportation and charged with
gas or liquid, marked, | 20 |
| maintained, and periodically requalified for use,
as | 21 |
| required by appropriate regulations of the Department of
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| Transportation.
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| (3) Pressure vessels located on vehicles operating | 24 |
| under the rules of
other State authorities and used for | 25 |
| carrying passengers or freight.
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| (4) Pressure vessels installed on the right of way of | 27 |
| railroads and
used directly in the operation of trains.
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| (5) Boilers and pressure vessels under the inspection | 29 |
| jurisdiction of the
Department of Natural Resources and | 30 |
| located on mine
property.
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| (6) Boilers and pressure vessels located on farms and | 32 |
| used solely for
agricultural purposes.
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| (7) Steam boilers of a miniature model locomotive, | 34 |
| boat, tractor,
or stationary engine constructed and | 35 |
| maintained as a hobby and not for
commercial use, that have |
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| an inside diameter not exceeding 12 inches and a
grate area | 2 |
| not exceeding 1 1/2 square feet, provided they are | 3 |
| constantly
attended while in operation and are equipped | 4 |
| with a water level indicator,
pressure gauge, and a safety | 5 |
| valve of adequate capacity.
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| (8) Pressure vessels regulated and inspected under the | 7 |
| Illinois
Fertilizer Act of 1961.
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| (9) Pressure vessels containing liquified petroleum | 9 |
| gas regulated under
the Liquified Petroleum Gas Regulation | 10 |
| Act , except those used for industrial
processes .
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| (b) The following boilers and pressure vessels shall be | 12 |
| exempt from
the requirements of Sections 10, 11, 12, and 13 of | 13 |
| this Act:
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| (1) Steam boilers used for heating purposes and | 15 |
| operated at a
pressure not in excess of 15 pounds per | 16 |
| square inch gauge (psig)
and having a rating not in excess | 17 |
| of 200,000 B.T.U. per hour input.
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| (2) Hot water heating boilers operated at a pressure | 19 |
| not in excess of
30 psig and having a rating not in excess | 20 |
| of 200,000 B.T.U. per hour.
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| (3) Boilers and pressure vessels, located in private | 22 |
| residences or in
multi-family buildings having fewer than 6 | 23 |
| dwelling units .
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| (4) Hot water supply boilers that are directly fired | 25 |
| with oil, gas, or electricity when none of the following | 26 |
| limitations are exceeded:
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| (A) Heat input of 200,000 BTU per hour.
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| (B) Water temperature of 200 degrees Fahrenheit.
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| (C) Nominal water containing capacity of 120 U.S. | 30 |
| gallons.
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| (5) Coil type hot water boilers where the water can | 32 |
| flash into steam when released directly to the atmosphere | 33 |
| through a manually operated nozzle provided the following | 34 |
| conditions are met:
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| (A) There is no drum, headers, or other steam | 36 |
| space.
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| (B) No steam is generated within the coil.
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| (C) Outside diameter of tubing does not exceed 1 | 3 |
| inch.
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| (D) Pipe size does not exceed 3/4 inch NPS.
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| (E) Water capacity of unit does not exceed 6 U.S. | 6 |
| gallons.
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| (F) Water temperature does not exceed 350 degrees | 8 |
| Fahrenheit.
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| , that are within
any of the following categories:
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| (A) Steam heating boilers operated at not more than | 11 |
| 15 psig.
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| (B) Hot water heating boilers operated at not more | 13 |
| than 30 psig.
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| (C) Hot water boilers operated at not more than 160 | 15 |
| psig
or 250 degrees Fahrenheit.
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| (6)
(D) Pressure vessels containing only water under | 17 |
| pressure for
domestic supply purposes, including those | 18 |
| containing air, the compression
of which serves only a | 19 |
| cushion or airlift pumping function.
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| (7)Pressure vessels operated at a pressure not | 21 |
| exceeding 15 psig with no limitation on size.
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| (8) Pressure vessels that do not exceed:
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| (A) Both a volume of 15 cubic feet and 250 psig | 24 |
| when not located in a place of public assembly.
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| (B) Both a volume of 5 cubic and 250 psig when | 26 |
| located in a place of public assembly.
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| (C) A volume of 1 1/2 cubic feet or an inside | 28 |
| diameter of 6 inches with no limitation on pressure.
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| (9) Water conditioning equipment used for the removal | 30 |
| of minerals, chemicals, or organic or inorganic particles | 31 |
| from water by means other than application of heat | 32 |
| including, without limitation, water softeners, water | 33 |
| filters, dealkalizers, and demineralizers.
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| (10) Steam boilers of railroad locomotives and | 35 |
| traction engines built prior
to 1955 that were constructed | 36 |
| or operated
in compliance with the Federal Locomotive |
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| Inspection Law and are in the
permanent collection of a | 2 |
| museum or historical association are exempt
from the | 3 |
| requirements of subsection (c) of Section 10 upon proof of
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| such construction or inspection being furnished to the | 5 |
| Board.
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| (c) (Blank).
Steam boilers of railroad locomotives and | 7 |
| traction engines built prior
to 1955 that were constructed or | 8 |
| operated
in compliance with the Federal Locomotive Inspection | 9 |
| Law and are in the
permanent collection of a museum or | 10 |
| historical association are exempt
from the requirements of | 11 |
| subsection (c) of Section 10 upon proof of
such construction or | 12 |
| inspection being furnished to the Board.
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| (Source: P.A. 88-608, eff. 1-1-95; 88-616, eff. 9-9-94;
89-235, | 14 |
| eff. 8-4-95; 89-445, eff. 2-7-96.)
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| (430 ILCS 75/8) (from Ch. 111 1/2, par. 3209)
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| Sec. 8. Special Inspectors.
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| (a) The
Office of the State Fire Marshal shall, upon the | 18 |
| request of
any company authorized to write boiler and pressure | 19 |
| vessel insurance
in this State or authorized under Section 15 | 20 |
| of this Act to self-insure
boilers and pressure vessels , issue | 21 |
| to inspectors of the company
commissions as Special Inspectors, | 22 |
| provided that each inspector
before receiving his commission | 23 |
| shall meet the experience requirements of
the Board and shall:
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| (1) satisfactorily pass the
examination provided for | 25 |
| in Section 9 of this Act; or
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| (2) in lieu of that
examination, hold a Certificate of | 27 |
| Competency as an inspector of
boilers or pressure vessels | 28 |
| for a jurisdiction that has a standard of
examination | 29 |
| substantially equal to that of the State of Illinois; or
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| (3) hold a
Commission as an inspector of boilers and | 31 |
| pressure
vessels from the National Board of Boiler
and | 32 |
| Pressure Vessel Inspectors.
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| (b) Special Inspectors shall receive no salary from, nor | 34 |
| shall
any of their expenses be paid by, the State. The | 35 |
| continuance of a
Special Inspector's Commission shall be |
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| conditioned upon his continuing
in the employ of the duly | 2 |
| authorized insurance company or
owner-user
self-insurer and | 3 |
| upon maintenance of the standards
imposed by this Act.
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| (c) Special Inspectors shall inspect boilers and pressure
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| vessels insured or operated
self-insured by their respective | 6 |
| companies.
The Board may impose limitations on owner-user | 7 |
| inspectors who have
received their commissions based on the | 8 |
| American Petroleum Institute API-510
Inspectors Examination. | 9 |
| When
so inspected, the owners and users of insured or | 10 |
| self-insured
boilers and pressure
vessels shall be exempt from | 11 |
| the payment to the State of the inspection
fees provided for in | 12 |
| Section 13 of this Act.
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| (d) Within 10 business days
30
days following each boiler | 14 |
| or pressure vessel certificate inspection,
except the | 15 |
| inspection of pressure vessels covered by subsection (c)
of | 16 |
| Section 11 of this Act, made by
a Special Inspector, the | 17 |
| company employing the
inspector shall file a report of the | 18 |
| inspection with the Chief
Inspector either electronically or | 19 |
| upon the appropriate forms. Reports of non-certificate | 20 |
| external inspections need
not be submitted except when those
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| inspections disclose that the boiler or
pressure vessel is in | 22 |
| an unsafe condition or in
violation of the rules and | 23 |
| regulations of the Board.
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| (e) The State Fire Marshal, the Chief
Inspector, or any | 25 |
| Deputy or Special Inspector, shall have free access to any
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| premises in the State to perform
inspections and investigations | 27 |
| in accordance with the
provisions of this Act.
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| (Source: P.A. 87-1169; 88-608, eff. 1-1-95.)
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| (430 ILCS 75/10) (from Ch. 111 1/2, par. 3211)
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| Sec. 10. Inspection of boilers and pressure vessels.
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| (a) Each boiler
or pressure vessel used or proposed to be | 32 |
| used within this State, except
boilers or pressure vessels | 33 |
| exempt under this Act or rules and regulations of
the Board, | 34 |
| shall be
thoroughly inspected as to its construction, | 35 |
| installation, condition, and
operation as follows:
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| (1) Power boilers shall be inspected annually both | 2 |
| internally
and
externally while not under pressure and | 3 |
| shall also be inspected annually
externally while under | 4 |
| pressure if possible; provided that any power
boiler or | 5 |
| steam generator, the operation of which is an integral part | 6 |
| of
or a necessary adjunct to other continuous processing | 7 |
| operations, shall
be inspected internally at such | 8 |
| intervals as are permitted by the
shutting down of the | 9 |
| processing operations. The Board may provide by
rules and | 10 |
| regulations for extension of time within which power | 11 |
| boilers
are required to be inspected based upon type, | 12 |
| function, or manner of
operation.
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| (2) Low pressure steam ,
and hot water heating ,
boilers | 14 |
| and hot water
supply boilers shall be inspected
biennially | 15 |
| as required by the rules and regulations of the Board.
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| (3) Traction steam engine boilers and other boilers | 17 |
| constructed
before the effective date of this amendatory | 18 |
| Act of 1992 and operated solely
for exhibition purposes may | 19 |
| be issued an inspection certificate by the
Chief or Deputy | 20 |
| Inspector, provided the owner can establish and document
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| that the design, materials, fabrication, examination, | 22 |
| testing, and operation
are in accordance with the rules and | 23 |
| regulations of the Board. Traction
engine boilers and other | 24 |
| boilers used solely for exhibition purposes
shall be | 25 |
| inspected every 2 years.
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| (4) Pressure vessels subject to internal corrosion | 27 |
| shall receive a
certificate inspection every 3 years as | 28 |
| required by rules and regulations of
the
Board. However, | 29 |
| the standards of inspection and repair of pressure
vessels | 30 |
| in service by an owner-user authorized under
Section 15 | 31 |
| shall, at
the option of the owner -user
or user , be either | 32 |
| (1) the applicable rules and
regulations in the National | 33 |
| Board Inspection Code, or (2) the applicable section
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| standards in the
American Petroleum Institute API-510, | 35 |
| "API Recommended Practice for Inspection, Repair, and | 36 |
| Rating
of Pressure Vessels in Petroleum Refining Service" , |
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| with any revisions,
reissues, amendments, and | 2 |
| interpretations of those
inspection standards that are | 3 |
| subsequently approved and adopted by the Board .
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| (5) Pressure vessels not subject to internal corrosion | 5 |
| shall receive
certificate inspection at intervals set by | 6 |
| the Board, but internal
inspection shall not be required of | 7 |
| pressure vessels containing materials that
are known to be | 8 |
| noncorrosive to the material of which the shell,
heads, or | 9 |
| fittings are constructed, either from the chemical | 10 |
| composition
of the materials or from evidence that the | 11 |
| materials are adequately
treated with a corrosion | 12 |
| inhibitor, provided that the vessels are
constructed in | 13 |
| accordance with the rules and regulations of the Board.
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| A grace period of 2 months beyond the period specified in | 15 |
| this Section
may elapse between internal
inspections of a | 16 |
| boiler while it is not under pressure and between external
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| inspections of a boiler while it is under pressure. The Board | 18 |
| may, in its
discretion, permit longer periods between | 19 |
| certificate inspection.
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| The inspections herein required shall be made by the Chief | 21 |
| Inspector, a
Deputy Inspector, or a Special Inspector provided | 22 |
| for in this
Act.
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| (b) If at any time a test is deemed necessary for a stated | 24 |
| cause by
the inspector, the owner or user shall perform a
test | 25 |
| acceptable to the inspector in the
presence of and under the | 26 |
| direction of the
inspector.
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| (c) All boilers and pressure vessels, except those
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| otherwise exempted by the Board, shall be inspected during
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| construction, as required by the applicable rules and | 30 |
| regulations of the
Board, by an inspector authorized to inspect | 31 |
| boilers and pressure vessels
in this State or, if constructed | 32 |
| outside of the State, by an inspector
holding a Certificate | 33 |
| from the National Board of Boiler and Pressure
Vessel | 34 |
| Inspectors or a Certificate of Competency as an inspector of
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| boilers and pressure vessels for a jurisdiction that has a | 36 |
| standard of
examination substantially equal to that of this |
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| State as provided in
Section 9.
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| (Source: P.A. 87-1169; 88-608, eff. 1-1-95.)
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| (430 ILCS 75/11) (from Ch. 111 1/2, par. 3212)
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| Sec. 11. Inspection Certificates and annual statements.
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| (a) Each
company employing Special Inspectors, except a | 6 |
| company operating
pressure vessels covered by an owner-user | 7 |
| inspection
service , that meet the
requirements of subsection | 8 |
| (a) of Section 8 of this Act shall, within
10 business days
30 | 9 |
| days following each certificate inspection, file a report of | 10 |
| inspection with
the Chief Inspector
electronically or upon the | 11 |
| appropriate forms as approved by the division.
upon appropriate | 12 |
| forms provided by the Division.
| 13 |
| (b) If the report filed pursuant to subsection (a) of this | 14 |
| Section
shows that a boiler or pressure vessel is found to | 15 |
| comply with the
rules and regulations of the Board, the owner | 16 |
| or user thereof shall pay
directly to the Office of the State | 17 |
| Fire Marshal the fee established by the
Board,
and the Chief
| 18 |
| Inspector shall issue to the owner or user
an Inspection | 19 |
| Certificate bearing the date of inspection and specifying
the | 20 |
| maximum pressure under which the boiler or pressure vessel may | 21 |
| be
operated.
Notwithstanding any other provision of this | 22 |
| Section, an Inspection Certificate
shall remain valid beyond | 23 |
| the expiration date noted on the certificate until
the boiler | 24 |
| or pressure vessel is reinspected by the authorized inspecting
| 25 |
| authorities or until the certificate is suspended by the Chief | 26 |
| Inspector,
provided that the owner or user of the boiler or | 27 |
| pressure vessel makes it
available for inspection at reasonable | 28 |
| times. Certificates shall be posted in
the room containing the
| 29 |
| boiler or pressure vessel inspected. If the boiler or pressure | 30 |
| vessel is
not located within the building, the certificate | 31 |
| shall be posted in a
location convenient to the boiler or | 32 |
| pressure vessel inspected or in any
place where it will be | 33 |
| accessible to interested parties.
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| (c) Each company operating pressure vessels covered by an | 35 |
| owner-user
inspection program
service meeting the requirements |
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| of subsection (a) of
Section 8 of this Act shall maintain in | 2 |
| its files an inspection record,
which shall list, by number and | 3 |
| such abbreviated description as may be
necessary for | 4 |
| identification, each pressure vessel covered by this Act,
the | 5 |
| date of the last inspection of each unit, and the approximate | 6 |
| date for the
next inspection. The inspection date
shall be | 7 |
| arrived at by applying the appropriate rules to all data
| 8 |
| available at the time the inspection record is compiled. The
| 9 |
| inspection record shall be readily available for examination by | 10 |
| the
Chief Inspector or his authorized representative during | 11 |
| business hours.
Each such company shall, in addition, file | 12 |
| annually with the Chief
Inspector a statement, signed by the | 13 |
| person having supervision over
the inspections made during the | 14 |
| period covered, stating the number of
vessels covered by this | 15 |
| Act inspected during the year and certifying
that each | 16 |
| inspection was conducted pursuant to the inspection
standards | 17 |
| provided for by this Act. The annual statement shall be
| 18 |
| accompanied by the
a filing fee in accordance with the rates | 19 |
| established by the
Board.
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| (d) (Blank).
An Inspection Certificate issued for a boiler | 21 |
| or
pressure vessel based upon a report of a Special Inspector | 22 |
| shall be
void if the boiler or pressure vessel insurance
| 23 |
| ceases.
| 24 |
| (e) The Chief Inspector or his authorized representative | 25 |
| may at any
time suspend an Inspection Certificate when, in his | 26 |
| opinion, the boiler
or pressure vessel for which it was issued | 27 |
| cannot be operated without
menace to public safety, when the | 28 |
| boiler or pressure vessel is
found not to comply with the rules | 29 |
| and regulations herein provided, or
when an owner or operator | 30 |
| has failed to pay any required fees or refused to
allow | 31 |
| inspection. In
that event, the Chief Inspector or his | 32 |
| representative shall issue a Notice
of Suspension, which shall | 33 |
| be posted in a conspicuous location on or near
the posted | 34 |
| Inspection Certificate. Each suspension of an Inspection
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| Certificate shall continue in effect until the boiler or | 36 |
| pressure vessel
has been made to conform to the rules and |
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| regulations of the Board,
and until the Inspection Certificate | 2 |
| has been reinstated.
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| (Source: P.A. 88-608, eff. 1-1-95; 89-467, eff. 1-1-97.)
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| (430 ILCS 75/15) (from Ch. 111 1/2, par. 3216)
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| Sec. 15. Self-insurers. Any owner or user of boilers or | 6 |
| pressure vessels subject to Section 10 of
this Act who
| 7 |
| maintains and operates, under the supervision of one or more | 8 |
| regularly
employed engineers who meet the experience and
| 9 |
| education requirements of the Board, an inspection or | 10 |
| maintenance program
service in
which one or more inspectors are | 11 |
| regularly employed on inspection of boilers or
pressure vessels | 12 |
| operated by the
owner or
user shall, upon
application to the | 13 |
| Board showing that fact
and showing that the owner or user
has | 14 |
| the financial ability to bear any loss and to pay
all final
| 15 |
| judgments or awards obtained against the owner or user by
| 16 |
| reason of the operation
of the boilers or pressure vessels, be | 17 |
| authorized to act as a self-insurer
of his or its
boiler and | 18 |
| pressure vessel risk in this State; and when
so authorized, the | 19 |
| owner-user shall employ special
inspectors to supervise
| 20 |
| inspections performed at the owner-user's facilities.
The | 21 |
| owner-user and the regularly employed special inspectors shall | 22 |
| be
entitled
to all the
rights and privileges and shall be | 23 |
| subject to all the requirements, duties,
and obligations | 24 |
| provided in this Act respectively for boiler and pressure
| 25 |
| vessel insurance companies and special inspectors.
| 26 |
| (Source: P.A. 87-1169; 88-608, eff. 1-1-95.)
| 27 |
| (430 ILCS 75/14 rep.)
| 28 |
| Section 10. The Boiler and Pressure Vessel Safety Act is | 29 |
| amended by repealing Section 14.
| 30 |
| Section 99. Effective date. This Act takes effect upon | 31 |
| becoming law.
|
|