Public Law, Chapter 402, Part MM, 123rd Legislature, First Regular Session

Chapter 402 S.P. 659 - L.D. 1842

PART MM

Sec. MM-1. 32 MRSA §15103, as amended by PL 1999, c. 386, Pt. W, §5, is further amended to read:

§ 15103. Board of Boilers and Pressure Vessels

1. Membership. The Board of Boilers and Pressure Vessels, as established by Title 5, section 12004-A, subsection 7, consists of 7 members appointed by the Governor. Of these 7 appointed members, 2 must be representatives of from labor organizations within this State who are and be boilermakers or have boiler licenses, one must be a representative of the owners and users an owner and user of steam boilers within this State, one must be a representative of the boiler manufacturers boiler manufacturer within this State, one must be a representative of the operating steam engineers an operating steam engineer in this State, one must be a representative of from a boiler inspection and insurance company licensed to do business within the State and one must be a representative of the public member as defined in Title 5, section 12004-A. The board shall annually elect a chair from its membership. Appointments are for 3-year terms. Appointments of members must comply with Title 10, section 60 8009. A member may be removed by the Governor for cause.

2. Compensation. The members of the board are entitled to compensation according to the provisions of Title 5, chapter 379.

3. Meetings; chair; quorum. The board shall meet at least once a year to conduct its business and to elect a chair. Additional meetings may must be held as necessary to conduct the business of the board and may be convened at the call of the chair or a majority of the board members. Four members of the board constitute a quorum for all purposes. The board shall keep records and minutes necessary to the ordinary dispatch of its function.

4. Records. The board shall keep a complete record of the type, dimensions, age, conditions, pressure allowed upon, location and date of last inspection of all boilers and pressure vessels to which this chapter applies.

Sec. MM-2. 32 MRSA §15104-A, as amended by PL 2001, c. 573, Pt. A, §1, is further amended to read:

§ 15104-A. Powers and duties

The board shall administer, coordinate and enforce the provisions of this chapter and has the following powers and duties in addition to those otherwise set forth in this chapter.

1. Rules. The board shall, in accordance with Title 5, chapter 375, adopt rules to implement the purposes of this chapter, including rules for the safe and proper construction, installation, repair, use and operation of boilers and pressure vessels in this State. The rules must conform as nearly as practicable to the code. Rules adopted by the board under this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A 2-A.

The board shall publish and distribute among boiler manufacturers and others requesting them copies of the rules adopted by the board at a cost sufficient only to cover the printing and mailing expenses of distribution.

2. Hearings. Hearings may be conducted by the board to assist with investigations, to determine whether grounds exist for suspension, revocation or denial of a license or as otherwise considered necessary to the fulfillment of its responsibilities under this chapter.

The board may not refuse to renew a license for any reason other than failure to pay a required fee, unless it has afforded the licensee an opportunity for an adjudicatory hearing. The board shall hold an adjudicatory hearing at the written request of any person who is denied a license without a hearing for any reason other than failure to pay a required fee, as long as the request for a hearing is received by the board within 30 days of the applicant's receipt of written notice of the denial of the applicant's application, the reasons for the denial and the applicant's right to request a hearing. Hearings must be conducted in conformity with Title 5, chapter 375, subchapter IV to the extent applicable. The board may subpoena witnesses, records and documents in any hearing it conducts.

3. Contracts. The board may enter into contracts to carry out its responsibilities under this chapter.

Sec. MM-3. 32 MRSA §15104-C is enacted to read:

§ 15104-C. Fees

The Director of the Office of Licensing and Registration within the department may establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any accreditation review, facility review or inspection of any one boiler or pressure vessel may not exceed $500, the fee for any shop inspection may not exceed $3,000, the fee for an inspection certificate for any one boiler or pressure vessel may not exceed $100, the fee for a late inspection or a late certificate may not exceed $250 and the fee for any other purpose may not exceed $150 triennially. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.

Sec. MM-4. 32 MRSA §15105, 2nd ¶, as amended by PL 1999, c. 386, Pt. W, §8, is further amended to read:

Unless otherwise exempt, all new boilers and pressure vessels to be installed must be inspected during construction by an inspector authorized to inspect boilers in this State, or, if constructed outside the State, by an inspector holding a license from this State or an inspector who holds a certificate of inspection issued by the National Board of Boiler and Pressure Vessel Inspectors, or its successor or other organization approved by the board.

Sec. MM-5. 32 MRSA §15108-B, as amended by PL 2001, c. 573, Pt. A, §3, is repealed.

Sec. MM-6. 32 MRSA §15108-C is enacted to read:

§ 15108-C. Denial or refusal to renew license; disciplinary action

In addition to the grounds enumerated in Title 10, section 8003, subsection 5-A, paragraph A, the board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A for:

1. Operating under the influence. Operating or being in charge of a plant while under the influence of intoxicating beverages or narcotic drugs;

2. Physical or mental incapacity. Suffering from physical or mental incapacity that would jeopardize physical property or lives in the exercise of the license; or

3. Operating without authority. Operating or having charge of a plant over which the licensee or applicant lacked authority.

Sec. MM-7. 32 MRSA §15109, sub-§2-A, ¶B, as enacted by PL 2003, c. 597, §2, is amended to read:

B. Persons employed by entities under the jurisdiction of the Public Utilities Commission or the United States Nuclear Regulatory Commission, or its successor or other organization approved by the board; or

Sec. MM-8. 32 MRSA §15109, sub-§3, as amended by PL 2001, c. 323, §36, is further amended to read:

3. Issuance of license. The board shall issue a license to an applicant in the grade requested, upon payment of an the application fee and license fee as set by the director under subsection 9 section 15104-C, if the applicant has satisfactorily met the examination and other requirements of this section.

A. A license is valid for 3 years from the date of issuance. A license must designate the name of the holder, the license number, the grade of license, the issuing date and the expiration date. Any license issued under this chapter is automatically renewable upon payment of the renewal fee under subsection 9 as set by the director under section 15104-C. The expiration dates for licenses issued under this chapter may be established at such other times as the commissioner may designate. The board shall notify everyone registered under this chapter of the date of expiration of the license and the fee required for its renewal for a 3-year period. The notice must be mailed to the person's last known address at least 30 days in advance of the expiration date of the license.

A license may be renewed up to 90 days after the date of its expiration upon payment of a late fee in addition to the renewal fee as set under section 15104-C. An additional late fee under subsection 9 may be imposed by the director for applications received up to 2 years after the date of expiration. Any person who submits an application for renewal more than 90 days after the license expiration date shall pay an additional late fee as set under section 15104-C and is subject to all requirements governing new applicants under this chapter, except that the board may in its discretion, giving due consideration to the protection of the public, waive examination or other requirements. The board may levy penalties for nonrenewal. Notwithstanding any other provision of this chapter, the board shall waive examination if a renewal application is made within 90 days after separation from the United States Armed Forces, under conditions other than dishonorable, by a person who has failed to renew that person's license because that person was on active duty in the Armed Forces; except that the waiver of examination may not be granted if the person served more than 4 years in the Armed Forces, except if that person is required by some mandatory provision to serve a longer period and that person submits satisfactory evidence of this mandatory provision to the board.

B. The license certificate must be displayed in plain view in the plant where the licensee is employed.

C. The board shall determine the eligibility for licensure of any applicant who holds a current stationary steam engineering license issued by the proper authority of any state, territory or possession of the United States, the District of Columbia or Canada that has requirements equal to those of this State and recognizes the license issued by this State without further examination. The board shall certify as eligible for a license any applicant who holds a current Canadian marine or United States Coast Guard marine engineer's license and who has worked as a boiler engineer or operator 3 of the last 5 years prior to application. The applicant bears the burden of proving those matters necessary for a license based on reciprocity.

Sec. MM-9. 32 MRSA §15109, sub-§5, as amended by PL 1999, c. 386, Pt. W, §14, is repealed.

Sec. MM-10. 32 MRSA §15109, sub-§5-A, as enacted by PL 1999, c. 386, Pt. W, §15, is repealed.

Sec. MM-11. 32 MRSA §15109, sub-§6-A, as amended by PL 2001, c. 323, §37, is further amended to read:

6-A. Examinations. Applicants for licensure shall present to the board a written application for examination , containing such information as the board may require, accompanied by an application fee and examination fee under subsection 9 set by the director as set under section 15104-C. Examinations must be in whole or in part in writing and of a thorough and practical character commensurate with the responsibilities of the prospective license holder.

The board shall establish by rule cutoff dates for applications for examination.

The passing grade on any examination may not be less than 70%. A candidate failing one examination may apply for reexamination, which may be granted upon payment of the required fee established by the director under section 15104-C.

Sec. MM-12. 32 MRSA §15109, sub-§7, ¶B, as amended by PL 2003, c. 597, §5, is further amended to read:

B. The holder of a boiler operator's license may operate, supervise or have charge of a heating plant having a capacity of not more than 20,000 #/HR or operate or supervise a plant up to the capacity of the license of the engineer in charge of the plant in which the licensee is employed. The applicant for a boiler operator's license must have 6 months' operating experience prior to examination under a boiler operator's training permit. The board shall issue a permit for the purpose of gaining that experience upon receipt of an application fee and permit fee set by the director under subsection 9 as set under section 15104-C. Such a permit must be limited to a specified plant and must be limited to one year. The board may extend the permit for a period not to exceed one year under unusual circumstances. The board may allow the owner of a small plant to sit for the boiler operator's examination without first obtaining a boiler operator's training permit.

Sec. MM-13. 32 MRSA §15109, sub-§8, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, is amended to read:

8. Rules. The board may adopt all necessary rules and establish necessary procedures for examination and licensing to carry out this section, pursuant to the Maine Administrative Procedure Act. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. MM-14. 32 MRSA §15109, sub-§9, as amended by PL 2001, c. 573, Pt. A, §4, is repealed.

Sec. MM-15. 32 MRSA §15109, sub-§10, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, is repealed.

Sec. MM-16. 32 MRSA §15118, first ¶, as amended by PL 2001, c. 323, §44, is further amended to read:

The owner or user of each boiler or pressure vessel required by this chapter to be inspected by the chief inspector or a deputy inspector shall pay an inspection fee to the inspector upon inspection a fee or fees as set under section 15109, subsection 9 to be determined by the director 15104-C. Not more than one inspection fee may be collected for the inspection of any one boiler or pressure vessel made in any one year, unless additional inspections are required by the owners or users of the boiler or pressure vessel or unless the boiler or pressure vessel has been inspected and an inspection certificate has been refused, withheld or withdrawn or unless an additional inspection is required because of the change of location of a stationary boiler or pressure vessel. The nature and size of miniature boilers or pressure vessels to be inspected may be determined by the board.

Sec. MM-17. 32 MRSA §15120, as amended by PL 2001, c. 573, Pt. A, §8, is further amended to read:

§ 15120. Authorized inspectors; duties

The board shall, upon the request of any company authorized to insure against loss from explosion of boilers or pressure vessels in this State, issue to the boiler inspectors of the company certificates of authority as authorized inspectors. Each inspector before receiving a certificate of authority must hold a certificate as an inspector of steam boilers for a state that has a standard of examination equal to that of this State or a certificate from the National Board of Boiler and Pressure Vessel Inspectors, or its successor or other organization approved by the board. Authorized inspectors are not entitled to receive a salary from, nor may any of their expenses be paid by, the State. The continuance of an authorized inspector's certificate is conditioned upon the authorized inspector continuing in the employ of a boiler inspection and insurance company duly authorized and upon maintenance of the standards imposed by this chapter. Authorized inspectors shall inspect all boilers and pressure vessels insured by their respective companies, and the owners or users of those insured boilers are exempt from the payment of the fees provided for in section 15118. Authorized inspectors may, with the permission of the chief inspector, also inspect boilers or pressure vessels for which an application for insurance against loss from explosion of boilers or pressure vessels has been made or when a new boiler or pressure vessel is installed at an insured location and the prospective insured owner or user is exempt from the payment of fees provided for in section 15118. Each company employing authorized inspectors shall, within 30 days following each certificate inspection made by the inspectors, file a report of the inspection with the chief inspector.

Sec. MM-18. 32 MRSA §15121, sub-§1, as enacted by PL 2001, c. 573, Pt. A, §9, is amended to read:

1. Responsibility for inspection. It is the responsibility of the owner to arrange for an inspection of a boiler or pressure vessel and to prepare the boiler or pressure vessel for inspection. The late inspection fee set by the Director of the Office of Licensing and Registration within the Department of Professional and Financial Regulation department under section 15109, subsection 9 15104-C may be assessed against the owner if an inspection report is not submitted within 60 days of the expiration of the most recent inspection certificate.

Sec. MM-19. 32 MRSA §15121, sub-§2, as enacted by PL 2001, c. 573, Pt. A, §9, is amended to read:

2. Obtain inspection certificate. The owner of a boiler or pressure vessel shall submit the inspection certificate fee as set by the Director of the Office of Licensing and Registration within the Department of Professional and Financial Regulation under section 15109, subsection 9 15104-C within 60 days of notification from the board that the inspection report required under section 15120 has been received by the board. Failure to submit the required fee within the 60 days provided may result in the assessment of a late certificate fee as set by the director under section 15109, subsection 9 15104-C.

Public Laws

123rd Legislature

First Regular Session

Chapter 402

S.P. 659 - L.D. 1842