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§ 1331.12. Inspector commissions and authorized private inspection agencies

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: May 27, 2014

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 14C. Boiler and Unfired Pressure Vessel Law (Refs & Annos)
Effective: May 27, 2014
35 P.S. § 1331.12
Formerly cited as PA ST 35 P.S. § 1331.11
§ 1331.12. Inspector commissions and authorized private inspection agencies
Currentness
(a) Inspector commissions.--
(1) No person shall perform field inspections until the person has passed an examination administered by the department.
(2) The department shall issue an inspector commission if the applicant passes the examination under paragraph (1) and remits the appropriate fee.
(3) An inspector shall renew an inspection commission annually by submitting an application to the department, accompanied by the appropriate fee.
<Text of subsec. (b) effective 60 days following publication of notice in the Pennsylvania Bulletin that the regulations required to commission authorized private inspection agencies have been finally adopted.>
(b) Authorized private inspection agencies.--
(1) Current certification as an authorized private inspection agency is required to conduct inspections of boilers or unfired pressure vessels if the inspector is not employed by an insurance company authorized to insure boilers or unfired pressure vessels in this Commonwealth, by the owner of the boiler or unfired pressure vessel or by the department.
(2) Any person, firm or corporation intending to be commissioned by the department to conduct inspections in the capacity of a commissioned private inspector shall first obtain certification as an authorized private inspection agency.
(3) The department may promulgate regulations for the certification and renewal of certification of authorized private inspection agencies. The regulations shall include:
(i) Submission of an application on a form established by the department.
(ii) Payment of a fee to be established by the department.
(iii) Submission of satisfactory proof of liability insurance for the purpose of compensation to third parties for injuries to persons or property, including, but not limited to, bodily injury and property damage, which result from or relate to an inspector's or agency's negligent inspection or recommendation for certification of a boiler or pressure vessel, in an amount to be established by the department.
(iv) Submission of proof of accreditation as an authorized inspection agency by the National Board.
(c) Lack of direct or indirect interest.--No person or entity shall be commissioned to act as an inspector or as an authorized private inspection agency if the person or entity possesses any direct or indirect interest in the manufacture, sale or repair of boilers or unfired pressure vessels. Any commissioned inspector or authorized private inspection agency that acquires an interest shall immediately disclose the interest to the department. The acquisition of the interest shall be grounds for suspension or revocation of a commission.
(d) Revocation.--The Secretary of Labor and Industry may suspend or revoke an inspector commission or commission as an authorized private inspection agency for just cause. Proceedings under this section are subject to the right of notice, hearing and adjudication under 2 Pa.C.S. (relating to administrative law and procedure). Proceedings shall be conducted under 1 Pa. Code Pt. II (relating to general rules of administrative practice and procedure).1

Credits

1998, June 18, P.L. 655, No. 85, § 12, added 2013, Nov. 27, P.L. 1149, No. 104, § 3.

Footnotes

1
1 Pa. Code § 31.1 et seq.
35 P.S. § 1331.12, PA ST 35 P.S. § 1331.12
Current through 2023 Regular Session Act 1. Some statute sections may be more current, see credits for details.
End of Document