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Public Act 094-0748
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| SB3011 Enrolled |
LRB094 15598 LCT 50803 b |
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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 |
amended by changing Sections 2a, 2b, 4, 5, 8, 10, 11, and 15 as |
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 |
provision to
the contrary, the Illinois Emergency Management |
Agency
Department
of Nuclear Safety shall have sole |
jurisdiction over all boilers and pressure
vessels contained |
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 |
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 |
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
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Department of
Nuclear Safety 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
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a single inspection certificate. The Illinois Emergency |
Management Agency
Department of Nuclear Safety may
enter into |
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 |
agreements may
provide that the Illinois Emergency Management |
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 |
Emergency Management Agency
Department of Nuclear
Safety is |
authorized to enter into agreements with the United States
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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.
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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 |
maximum and
minimum operating temperatures of a boiler carrying |
the ASME
Code symbol or of a pressure vessel carrying the ASME |
or API-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.
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(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 or the API-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
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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 |
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.
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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 |
pressure vessels:
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(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
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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
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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 |
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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 liquified petroleum |
gas regulated under
the Liquified Petroleum Gas Regulation |
Act, except those used for industrial
processes.
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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:
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(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.
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(B) Water temperature of 200 degrees Fahrenheit.
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(C) Nominal water containing capacity of 120 U.S. |
gallons.
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(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 |
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 |
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. |
gallons.
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(F) Water temperature does not exceed 350 degrees |
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 |
15 psig.
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(B) Hot water heating boilers operated at not more |
than 30 psig.
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(C) Hot water boilers operated at not more than 160 |
psig
or 250 degrees Fahrenheit.
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(6)
(D) 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:
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(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 |
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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
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such construction or inspection being furnished to the |
Board.
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(c) (Blank).
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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(Source: P.A. 88-608, eff. 1-1-95; 88-616, eff. 9-9-94;
89-235, |
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 |
request of
any company authorized to write boiler and pressure |
vessel insurance
in this State or authorized under Section 15 |
of this Act to self-insure
boilers and pressure vessels, 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:
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(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 |
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conditioned upon his continuing
in the employ of the duly |
authorized insurance company or
owner-user
self-insurer and |
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 |
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.
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(d) Within 10 business days
30
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
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inspections disclose that the boiler or
pressure vessel is in |
an unsafe condition or in
violation of the rules and |
regulations of the Board.
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(e) The State Fire Marshal, the Chief
Inspector, or any |
Deputy or Special Inspector, shall have free access to any
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premises in the State to perform
inspections and investigations |
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 |
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:
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(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,
and hot water heating,
boilers |
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
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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
or user, be either |
(1) the applicable rules and
regulations in the National |
Board Inspection Code, or (2) the applicable section
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standards 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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with any revisions,
reissues, amendments, and |
interpretations of those
inspection standards that are |
subsequently approved and adopted by the Board.
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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
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inspections of a boiler while it is under pressure. The Board |
may, in its
discretion, permit longer periods between |
certificate inspection.
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The inspections herein required shall be made by the Chief |
Inspector, a
Deputy Inspector, or a Special Inspector provided |
for in this
Act.
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(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.
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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 |
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
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boilers and pressure vessels for a jurisdiction that has a |
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 |
company operating
pressure vessels covered by an owner-user |
inspection
service, that meet the
requirements of subsection |
(a) of Section 8 of this Act shall, within
10 business days
30 |
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.
upon appropriate |
forms provided by the Division.
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(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
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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
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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
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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.
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(c) Each company operating pressure vessels covered by an |
owner-user
inspection program
service meeting the requirements |
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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
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available at the time the inspection record is compiled. The
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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
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accompanied by the
a filing fee in accordance with the rates |
established by the
Board.
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(d) (Blank).
An Inspection Certificate issued for a boiler |
or
pressure vessel based upon a report of a Special Inspector |
shall be
void if the boiler or pressure vessel insurance
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ceases.
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(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
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Certificate shall continue in effect until the boiler or |
pressure vessel
has been made to conform to the rules and |
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regulations of the Board,
and until the Inspection Certificate |
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 |
pressure vessels subject to Section 10 of
this Act who
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maintains and operates, under the supervision of one or more |
regularly
employed engineers who meet the experience and
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education requirements of the Board, an inspection or |
maintenance program
service 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
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judgments or awards obtained against the owner or user by
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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
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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
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vessel insurance companies and special inspectors.
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(Source: P.A. 87-1169; 88-608, eff. 1-1-95.)
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(430 ILCS 75/14 rep.)
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Section 10. The Boiler and Pressure Vessel Safety Act is |
amended by repealing Section 14.
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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