In this subtitle the following words have the meanings indicated.
“Authorized inspection agency” means an entity that:
is accredited in accordance with the National Board of Boiler and Pressure Vessel Inspectors NB–369; or
meets the qualification and definition of the National Board of Boiler and Pressure Vessel Inspectors NB–360.
“Board” means the Board of Boiler Rules.
“Boiler” means:
a closed vessel in which water is heated, steam is generated, steam is superheated, or a combination of these functions is accomplished, under pressure or vacuum for use externally to the vessel by the direct application of heat from the combustion of fuels or from electricity or nuclear energy; or
a fired unit for heating or vaporizing liquids other than water if the unit is separate from a processing system and is complete within itself.
“Certificate” means a certificate issued by the Chief Boiler Inspector to operate a boiler or pressure vessel.
“Certificate inspection” means an inspection, the report of which is used by the Chief Boiler Inspector to determine whether to issue a certificate.
“Commissioner” means the Commissioner of Labor and Industry.
“Heating boiler” means:
a steam boiler that operates at pressures not exceeding 15 psig; or
a hot water boiler that operates at pressures not exceeding 160 psig or temperatures not exceeding 250 degrees Fahrenheit.
“High pressure, high temperature water boiler” means a water boiler that operates at pressures exceeding 160 psig or temperatures exceeding 250 degrees Fahrenheit.
“Model steam boiler” means a boiler that is:
individually fabricated for noncommercial use;
used primarily for demonstration, exhibition, or educational purposes; and
not for profit.
“Power boiler” means a boiler in which steam or other vapor is generated at a pressure of more than 15 psig.
“Pressure vessel” means a vessel in which the pressure is obtained:
from an external source; or
by the application of heat from:
an indirect source; or
a direct source other than a boiler.
“Pressure vessel” does not include a pipe, piping component, or structure whose primary function is to transport fluids.
“Secretary” means the Secretary of Labor.
The General Assembly finds that there have been many incidents of danger to public safety because of improper or inadequate construction, installation, maintenance, use, repair, or inspection of boilers and pressure vessels that operate in the State.
The intent of this subtitle is to establish boiler and pressure vessel safety standards in the State to provide a level consistent with the needs of public safety.
Except as otherwise provided in this subtitle, this subtitle applies to all boilers and pressure vessels.
This subtitle does not apply to:
a boiler or pressure vessel that is under federal control or regulation;
a pressure vessel that:
is used to transport or store compressed gases;
is constructed in compliance with specifications of the U.S. Department of Transportation; and
when charged with gas, is marked, maintained, and periodically requalified for use, as required by the regulations of the U.S. Department of Transportation;
an air tank that is located on a vehicle that is operating under the rules of other State authorities and is used for carrying passengers or freight;
an air tank that is installed on the right–of–way of a railroad and is used directly in the operation of trains;
a pressure vessel that does not exceed:
5 cubic feet in volume and 250 psig pressure;
1 1/2 cubic feet in volume and 600 psig pressure; or
an inside diameter of 6 inches with no limitation on pressure;
a pressure vessel that operates at a working pressure not exceeding 15 psig;
subject to subsection (c) of this section, a vessel that contains water under pressure, including a vessel that contains air, the compression of which serves only as a cushion, if neither of the following limitations is exceeded:
a design pressure of 300 psig; and
a design temperature of 210 degrees Fahrenheit;
a hot water supply boiler that is equipped with a safety relief valve and is directly fired with oil, gas, or electricity if none of the following limitations is exceeded:
heat input of 200,000 BTU/hour;
water temperature of 210 degrees Fahrenheit; and
nominal water capacity of 120 gallons;
a mechanical device of any of the following types:
a pump;
a compressor;
a turbine;
a generator; or
a hydraulic or pneumatic cylinder; or
the water–containing part of an air–conditioning or refrigeration system condenser or evaporator:
that uses halocarbon refrigerant;
that is constructed in accordance with the requirements of ANSI/ASHRAE Standard 15 (the Safety Code for Mechanical Refrigeration) in effect at the time of construction; and
if neither of the following limitations is exceeded:
a design pressure of 300 psig; and
a design temperature of 210 degrees Fahrenheit.
For purposes of subsection (b)(7) of this section, water may contain additives if the ASTM flash point of the aqueous solution at atmospheric pressure is 185 degrees Fahrenheit or higher.
There is a Board of Boiler Rules in the Division of Labor and Industry in the Maryland Department of Labor.
The Board consists of the following members:
as an ex officio member, the Commissioner; and
10 members appointed by the Governor with the advice of the Secretary and with the advice and consent of the Senate.
Of the 10 appointed members of the Board:
one shall be a representative of owners and users of power boilers;
one shall be a representative of owners of agricultural, model, or historical steam engine equipment;
one shall be a representative of owners and users of pressure vessels;
one shall be a representative of manufacturers or assemblers of boilers or pressure vessels;
one shall be a representative of an insurer authorized to insure boilers or pressure vessels;
one shall be a mechanical engineer on the faculty of a recognized engineering college in the State;
one shall be a stationary engineer;
one shall be a professional engineer with boiler or pressure vessel experience;
one shall be a consumer member; and
one shall be a representative with at least 10 years of experience in constructing, installing, and repairing boilers and pressure vessels.
The consumer member of the Board:
shall be a member of the public;
may not be a licensee or otherwise be subject to regulation by the Board;
may not be required to meet the qualifications for the professional members of the Board; and
may not, within 1 year before appointment, have had a financial interest in or have received compensation from a person regulated by the Board.
While a member of the Board, the consumer member may not:
have a financial interest in or receive compensation from a person regulated by the Board; or
grade any examination given by or for the Board.
The term of an appointed member is 4 years.
The terms of the appointed members are staggered as required by the terms provided for members of the Board on October 1, 2003.
At the end of a term, a member continues to serve until a successor is appointed and qualifies.
A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
Except as provided in paragraph (2) of this subsection and subject to paragraph (3) of this subsection, a member shall be considered to have resigned who has been appointed to the Board by the Governor if the member did not attend at least two–thirds of the Board meetings held during any consecutive 12–month period while the member was serving on the Board.
The Governor may waive a member’s resignation and allow the member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public.
In accordance with § 8–501 of the State Government Article, the chairman shall provide notice to the Governor and the Governor shall appoint a successor.
The Board shall elect a chairman from among its members.
The Commissioner may not vote.
The Commissioner may not receive additional compensation as a member of the Board.
An appointed member of the Board:
may not receive a salary as a member of the Board; but
is entitled to:
compensation in accordance with the State budget; and
reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
The Board shall meet with and consult the State Board of Stationary Engineers as necessary but at least one time each year.
The exercise or performance of the powers, authority, duties, and functions of the Board under this subtitle is subject to the power and authority of the Secretary.
The Board shall formulate regulations for the safe construction, use, installation, maintenance, repair, and inspection of boilers and pressure vessels in the State.
The regulations formulated by the Board shall conform as nearly as possible to the requirements of:
this subtitle; and
the following codes as amended and interpreted:
the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers;
the Inspection Code of the National Board of Boiler and Pressure Vessel Inspectors;
the Code for Power Piping, B31.1 of the American Society of Mechanical Engineers;
the Code for Controls and Safety Devices for Automatically Fired Boilers, CSD-1 of the American Society of Mechanical Engineers;
NFPA 85 Boiler and Combustion Systems Hazards Code; and
the Code for Chemical Plant and Petroleum Refinery Piping, B31.3 of the American Society of Mechanical Engineers.
The regulations formulated by the Board may be adopted by the Commissioner subject to the approval of the Secretary.
The Board and the Commissioner shall submit proposed amendments to regulations adopted under this subtitle to be consistent with the Maryland Building Rehabilitation Code within 90 days after any amendments to the Maryland Building Rehabilitation Code are adopted by the Department of Housing and Community Development under Subtitle 10 of this title.
Whenever the position of Chief Boiler Inspector or deputy boiler inspector becomes vacant, the Secretary of Budget and Management as soon as practicable shall conduct a competitive examination in accordance with Title 7 of the State Personnel and Pensions Article.
The examination shall be the same as or equivalent to the examination given by the Board for special inspectors under § 12-907 of this subtitle.
With the approval of the Secretary, the Commissioner shall appoint from the successful candidates a Chief Boiler Inspector or deputy boiler inspector.
If authorized by the Commissioner, the Chief Boiler Inspector shall:
take action necessary to enforce the regulations adopted under this subtitle and the laws of the State that govern the use of boilers and pressure vessels to which this subtitle applies;
keep a complete record of the type, dimensions, maximum allowable pressure, age, location, and date of the last recorded inspection of each boiler and each pressure vessel to which this subtitle applies;
issue, and for cause shown, suspend or revoke certificates under § 12-911 of this subtitle; and
refer for prosecution each person who violates this subtitle.
Each deputy boiler inspector:
is responsible to the Chief Boiler Inspector; and
shall perform the duties that the Chief Boiler Inspector directs.
All money received by the Chief Boiler Inspector from fees shall be deposited in the General Fund.
The following entities may request the Commissioner to issue special inspector commissions:
an authorized insurer that insures boilers and pressure vessels in the State; or
an authorized inspection agency.
On request of an entity described in paragraph (1) of this subsection, the Commissioner may issue a special inspector commission to an individual employed by the entity to serve as a special inspector if the entity and the individual satisfy the requirements of this section.
An applicant for a special inspector commission shall be employed by the entity that requests the special inspector commission.
An applicant for a special inspector commission shall:
hold a commission as an inspector of boilers and pressure vessels issued by the National Board of Boiler and Pressure Vessel Inspectors; or
pass the examination given by the Board under subsection (e) of this section.
The employer of an applicant for a special inspector commission shall:
submit to the Commissioner an application on the form that the Commissioner requires; and
pay to the Commissioner a fee of $50.
The application shall include:
the name and qualifications of the individual who will serve as a special inspector; and
evidence that the individual satisfies the requirements of subsection (b) of this section.
By regulation, the Commissioner shall establish insurance requirements that an authorized inspection agency must satisfy before a special inspector commission may be issued to an inspector employed by the authorized inspection agency.
The Board may give examinations to applicants for special inspector commissions as provided in this subsection.
The examination:
shall be in writing;
shall be limited to questions the answers to which will help to determine the fitness and competency of the individual for the intended service; and
may consist of questions prepared by the National Board of Boiler and Pressure Vessel Inspectors.
An applicant who fails the examination may appeal to the Board for a reexamination.
The reexamination shall be given by the Board within 90 days.
The record of an applicant’s examination shall be available to the applicant and the applicant’s employer.
The fee for an examination or reexamination is $50.
The Commissioner shall issue a special inspector commission to each applicant who meets the requirements of this subtitle.
An inspection by a special inspector of a boiler or pressure vessel insured or pressure vessel operated by the employer of the special inspector, or an inspection by a special inspector employed by an authorized inspection agency, exempts the owner or user of the boiler or pressure vessel from the payment to the State of inspection fees required by this subtitle for the boiler or pressure vessel.
A special inspector may not receive a salary from or have any expenses paid by the State.
A special inspector commission expires 2 years after its effective date.
Before a special inspector commission expires, the employer of the special inspector may renew the commission if the employer:
pays to the Commissioner a renewal fee of $50; and
submits evidence to the Commissioner that the special inspector:
meets the standards imposed by this subtitle;
remains in the employment of the employer; and
has been trained on current boiler and pressure vessel technology in accordance with regulations adopted under this subtitle.
Within 30 days after the termination of the employment of a special inspector, the employer shall return the special inspector commission to the Chief Boiler Inspector.
If an identification card of a special inspector is lost or destroyed, the Commissioner shall issue a new identification card in its place without another examination.
The fee for replacement of an identification card is $50.
After investigation and recommendation by the Board, the Commissioner may suspend the special inspector commission for:
incompetence of the special inspector;
untrustworthiness of the special inspector;
willful falsification of any matter or statement contained in the application for the special inspector commission; or
willful falsification of any matter or statement contained in a report of an inspection made by the special inspector.
Within 10 days after suspending a special inspector commission, the Commissioner shall give written notice of the suspension to the special inspector and the employer of the special inspector.
An individual whose special inspector commission has been suspended may appeal to the Board.
At the hearing on the appeal, the individual may be present and represented by counsel.
An individual whose special inspector commission has been suspended may apply for reinstatement of the commission after 90 days following the date of the suspension.
If the Board has reason to believe that a special inspector is no longer qualified to hold a commission, the Board shall hold a hearing.
The Board shall give at least 10 days’ written notice of the hearing to the special inspector and to the employer of the special inspector.
At the hearing, the special inspector and the employer shall have an opportunity to be heard.
If after the hearing the Board finds that the special inspector is no longer qualified to hold a commission:
the Board shall recommend to the Commissioner that the special inspector commission be revoked; and
the Commissioner shall revoke the special inspector commission immediately.
A new boiler or pressure vessel may not be installed and operated in the State unless:
the boiler or pressure vessel conforms to the regulations adopted under this subtitle that govern new construction and installation; or
the Board issues a special installation and operating permit for the boiler or pressure vessel.
The Board may issue a special installation and operating permit for a boiler or pressure vessel if it:
is of special design or construction; and
is not inconsistent with the spirit and safety objectives of the regulations adopted under this subtitle.
For existing boiler and pressure vessel installations:
the maximum allowable pressure of a boiler or pressure vessel that carries the ASME Code symbol shall be determined by the applicable provisions of the ASME Code under which it was constructed and stamped; and
the maximum allowable pressure of a boiler or pressure vessel that does not carry the ASME Code symbol shall be computed in accordance with the Inspection Code of the National Board of Boiler and Pressure Vessel Inspectors.
This subtitle does not prevent the use, sale, or reinstallation of an existing boiler or pressure vessel if the boiler or pressure vessel:
has been made to conform to the regulations adopted under this subtitle that govern existing installations; and
has been inspected and found not to be in an unsafe condition.
The requirements of this section and §§ 12–910 and 12–911 of this subtitle do not apply to:
a boiler or pressure vessel that is located on a farm and used solely for agricultural purposes;
a heating boiler that is located in a private residence or an apartment house with less than six family units;
a pressure vessel that:
contains only water under pressure for domestic supply purposes, including a pressure vessel that contains air, the compression of which serves only as a cushion or airlift pumping system; and
is located in a private residence or an apartment house with less than six family units; or
an exhibition or antique boiler or pressure vessel, including a steam or gas engine, wheat thresher, or antique tractor, if the boiler or pressure vessel:
has been inspected and issued a certificate of inspection by another state that has safety requirements equal to or greater than those of this State; and
has been brought into this State to be used in a temporary exhibit or show.
The Chief Boiler Inspector or a deputy boiler inspector shall have free access, during reasonable hours, to any premises in the State:
to determine whether a boiler or pressure vessel is being constructed for use or installed in the State in accordance with this subtitle;
to inspect or investigate an accident or explosion that involves a boiler or pressure vessel;
to make an inspection required under this subtitle; or
to investigate an inspection of a special inspector.
In addition to the certificate inspections required under subsection (d) of this section, the Chief Boiler Inspector or a deputy boiler inspector shall:
inspect or investigate accidents and explosions involving boilers and pressure vessels;
respond to and investigate complaints about the operation of boilers and pressure vessels; and
monitor the inspections of special inspectors.
The Chief Boiler Inspector, a deputy boiler inspector, a special inspector, or an authorized inspection agency may:
make certificate inspections of the installation of new boilers and pressure vessels; and
make certificate inspections of the repair or alteration of boilers and pressure vessels.
The Chief Boiler Inspector or a deputy boiler inspector may make a certificate inspection of an antique boiler or pressure vessel or a model steam boiler.
Except as provided in paragraphs (1) through (3) of this subsection, if a boiler or pressure vessel:
is insured by an insurer, a special inspector employed by the insurer or employed by an authorized inspection agency under contract with the insurer shall make the inspections required under subsection (d) of this section; or
is not insured by an insurer, the owner shall contract with the Chief Boiler Inspector, a deputy boiler inspector, a special inspector, or an authorized inspection agency to make the inspections required under subsection (d) of this section.
In this paragraph, “private inspector” means an individual who:
has a level II or level III certification from the American Society for Nondestructive Testing (ASNT); and
is commissioned as a special inspector by the National Board of Boiler and Pressure Vessel Inspectors.
If a boiler or pressure vessel is an exhibition or antique boiler or pressure vessel, including a steam or gas engine, wheat thresher, model steam boiler, or antique tractor, that will be used in an exhibit or show for noncommercial purposes, the inspections required under subsection (d) of this section may be made by a private inspector.
If a private inspector makes the inspections required under subsection (d) of this section, the private inspector shall file a report with the Chief Boiler Inspector on the results of the inspection.
If the report of the private inspector shows that the exhibition or antique boiler or pressure vessel complies with the requirements of subsection (d) of this section and the regulations adopted under this subtitle, the Chief Boiler Inspector shall issue a certificate to the owner or user of the exhibition or antique boiler or pressure vessel that authorizes it to be used in an exhibit or show for noncommercial purposes.
If a boiler or pressure vessel is not insured by an insurer, the Commissioner may contract with an insurer or an authorized inspection agency to have a special inspector who is employed by that insurer or authorized inspection agency make the inspections required under paragraph (1) of this subsection and subsection (d) of this section or conducted under paragraph (2) or (3) of this subsection.
Except for boilers and pressure vessels exempt under subsection (a) of this section or § 12–903 of this subtitle, each boiler and each pressure vessel that is used or proposed to be used in the State shall be inspected, tested, and maintained in a safe operating condition in accordance with the regulations adopted by the Commissioner in conjunction with the Board.
A certificate inspection required under this subsection shall be:
an internal inspection if construction allows; or
an inspection that is as complete as possible.
Except for model steam boilers, a power boiler or a high pressure, high temperature water boiler shall:
receive a certificate inspection annually; and
be externally inspected annually while under pressure, if possible.
The Board may extend to 2 years the interval between certificate inspections of a power boiler if:
the power boiler has internal continuous water treatment under the general supervision of a professional engineer who has experience in the treatment of boiler water; and
the owner or user of the power boiler keeps available, for examination by the Chief Boiler Inspector or by a deputy boiler inspector or special inspector, accurate records that show:
the date, time, and reason that the power boiler is out of service; and
a chemical and physical analysis of samples of the boiler water taken at regular intervals of not more than 48 hours of operation that adequately show the condition of the boiler water and any elements or characteristics of the boiler water that are capable of producing corrosion or other deterioration of the power boiler or its parts.
A nuclear vessel within the scope of this subtitle shall be inspected and reported in a form and with appropriate information designated by the Board.
Except as provided in paragraph (3) of this subsection, certificate inspections shall be conducted at time intervals set forth in regulations adopted under this subtitle and in accordance with Title 10 of the State Government Article.
The intervals shall protect public safety taking into consideration, consistent with § 12–905 of this subtitle, the design, type, age, extent of automated monitoring, fuel, and operating characteristics of the boiler or pressure vessel.
If, at the discretion of the inspector, a hydrostatic test is considered necessary, the owner or user of a boiler or pressure vessel shall make the hydrostatic test.
Except as provided in paragraph (2) of this subsection, at least 30 days before installing a boiler or pressure vessel covered by this subtitle, the person who will perform the installation shall give the Commissioner notice of the installation in accordance with regulations adopted under this subtitle.
Under emergency circumstances, the person who will perform the installation of a boiler or pressure vessel may give the Commissioner notice of the installation less than 30 days before installation in accordance with regulations adopted under this subtitle.
Except for a cast–iron sectional boiler or pressure vessel, each boiler to be installed in the State shall be inspected:
during construction or field assembly, as required by regulations adopted under this subtitle, by the Chief Boiler Inspector, a deputy boiler inspector, a special inspector, or an authorized inspection agency; or
if the boiler is constructed outside the State, by an inspector who holds a commission issued by the National Board of Boiler and Pressure Vessel Inspectors.
Within 24 hours after an accident or explosion, the owner or user of a boiler or pressure vessel shall give the Chief Boiler Inspector notice of the accident or explosion in accordance with regulations adopted under this subtitle.
On notification or information, the Chief Boiler Inspector or a deputy boiler inspector shall investigate each accident or explosion that involves a boiler or pressure vessel covered by this subtitle.
The Board shall provide for public safety and therefore has jurisdiction over the interpretation and application of the inspection requirements provided in the regulations adopted under this subtitle.
Inspection requirements of operating equipment shall:
be in accordance with generally accepted practice; and
be compatible with the actual service conditions, including:
previous experience, based on records of performance and maintenance;
location, with respect to personnel hazard;
provision for related safe operation of controls; and
interrelation with other operations outside the scope of this subtitle.
The owner or user of a boiler or pressure vessel required by this subtitle to be inspected by the Chief Boiler Inspector or a deputy boiler inspector shall pay directly to the Chief Boiler Inspector, on completion of the inspection, a fee in accordance with the following schedule:
certificate inspection:
initial certificate inspection of a boiler or pressure vessel not previously inspected in the State no charge
follow–up inspection to determine compliance $50
inspection of an antique or model steam boiler or pressure vessel................................................................................................................................$15
investigation of an accident or complaint no charge
other inspections, such as an inspection at a fabrication or repair facility, ASME joint review, or National Board of Inspection Code Repair Review, shall be charged at the following rates, and shall include all expenses such as travel and hotel costs:
half day (up to 4 hours) $250
full day (up to 8 hours) $500
Each authorized inspection agency that employs a special inspector shall file with the Chief Boiler Inspector a report on:
each certificate inspection; and
any other inspection for which a report is required to be filed under regulations adopted under this subtitle.
The report filed under paragraph (1) of this subsection shall:
be filed within 30 days after an inspection; and
be in the form required by regulations adopted under this subtitle.
For each report not filed electronically, the authorized inspection agency shall pay a $5 report filing fee.
Within 24 hours after an inspection, each authorized inspection agency that employs a special inspector shall notify the Chief Boiler Inspector if an inspection reveals a hazardous condition as described in § 12–915(a)(2) of this subtitle that affects the safety of a boiler or pressure vessel.
Each person that operates pressure vessels covered by an owner–user inspection service that meets the requirements of this subtitle shall maintain in its files an inspection record that lists, by a Maryland number and by an abbreviated identification description:
each pressure vessel covered by this subtitle;
the date of the last inspection of the pressure vessel; and
the approximate date for the next inspection of the pressure vessel, calculated by applying the appropriate rules for inspection to all data available when the inspection record is compiled.
The inspection record shall be readily available for examination by the Chief Boiler Inspector or authorized representative during business hours.
In addition, the person shall file annually with the Chief Boiler Inspector a statement that:
is signed by the professional engineer who supervised the inspections made during the period covered;
states the number of pressure vessels covered by this subtitle that were inspected during the year; and
certifies that each inspection was conducted in accordance with the inspection requirements of this subtitle.
The statement shall be accompanied by a filing fee of:
$5 per pressure vessel, for a statement that covers not more than 25 pressure vessels;
$125, for a statement that covers more than 25 but less than 101 pressure vessels;
$250, for a statement that covers more than 100 but less than 501 pressure vessels; or
$325, for a statement that covers more than 500 pressure vessels.
If the report filed in accordance with § 12-910(a) of this subtitle shows that a boiler or pressure vessel complies with regulations adopted under this subtitle, the Chief Boiler Inspector shall issue to the owner or user of the boiler or pressure vessel a certificate that bears the date of inspection, specifies the inspection interval, and specifies the maximum pressure under which the boiler or pressure vessel may be operated.
Except as provided in § 12-909(d)(3) of this subtitle, the certificate is valid for the period that corresponds to the interval between certificate inspections as established by regulation under § 12-909 of this subtitle.
If the certificate inspection interval for a boiler or pressure vessel is extended under § 12-909(d)(5) of this subtitle, the Chief Boiler Inspector shall promptly issue a certificate to the owner of the boiler or pressure vessel that bears the new expiration date.
The certificate shall be posted under glass in the room that contains the boiler or pressure vessel that was inspected.
If the boiler or pressure vessel is not located in a building, the certificate shall be posted in a location convenient to the boiler or pressure vessel that was inspected or in any place where the certificate will be accessible to interested parties.
The Chief Boiler Inspector or an authorized deputy boiler inspector may suspend a certificate at any time when, in the opinion of the inspector, the boiler or pressure vessel for which the certificate was issued:
cannot be operated without danger to public safety; or
is found not to comply with regulations adopted under this subtitle.
The suspension of a certificate continues until:
the boiler or pressure vessel is made to conform to the regulations adopted under this subtitle; and
the certificate is reinstated.
If a boiler or pressure vessel for which a certificate was issued based on the report of a special inspector ceases to be insured by an authorized insurer, the certificate is invalid.
The owner or user of a boiler or pressure vessel shall:
ensure that the boiler or pressure vessel is operated, inspected, and repaired in accordance with this subtitle and regulations adopted under this subtitle;
maintain a copy of inspection, maintenance, and repair records at a central location in accordance with regulations adopted under this subtitle; and
make inspection, maintenance, and repair records available to the inspector required to inspect the boiler or pressure vessel.
An authorized insurer that provides insurance coverage for boilers or pressure vessels in the State shall:
conduct the certificate inspection for each boiler and pressure vessel that the insurer insures by the date the certificate inspection is due;
file with the Chief Boiler Inspector the reports required under § 12–910 of this subtitle;
develop, maintain, submit, and update, as defined by regulation, a database of all boilers and pressure vessels that the insurer insures in the State and track the date when the certificate inspection for each boiler or pressure vessel is due to ensure that the certificate inspections are due and completed as required under this subtitle; and
develop, maintain, and make available to the Commissioner for inspection at the insurer’s place of business in the State a quality assurance program in accordance with regulations adopted under this subtitle; or
submit to the Chief Boiler Inspector evidence of NB–369 accreditation by the National Board of Boiler and Pressure Vessel Inspectors.
If more than one insurer provides insurance coverage for a boiler or pressure vessel or if an owner-user employs an individual with a special inspector commission, the insurers or owner-user:
may agree to coordinate certificate inspections to ensure that the boiler or pressure vessel is inspected; and
shall ensure that responsibility for the certificate inspection is clearly defined.
A person who repairs or alters a boiler or pressure vessel shall:
give notice to and obtain approval from the Chief Boiler Inspector, a deputy boiler inspector, or a special inspector before beginning a repair or alteration that:
affects the working pressure or safety of a boiler or pressure vessel; or
involves fusion welding;
repair the boiler or pressure vessel in accordance with regulations adopted under this subtitle; and
provide reports, as required by regulations adopted under this subtitle, to the Chief Boiler Inspector and the owner of the boiler or pressure vessel.
On inspection, the Chief Boiler Inspector or an authorized deputy boiler inspector may prohibit the use of a boiler or pressure vessel if the inspector determines that:
the boiler or pressure vessel or part of it violates a standard, safety code, or regulation adopted under this subtitle; and
there is substantial probability that death, serious physical harm, or serious damage to property could result from continued use of the boiler or pressure vessel.
To prohibit the use of a boiler or pressure vessel, the Chief Boiler Inspector or an authorized deputy boiler inspector shall give the owner or the owner’s agent notice that use of the boiler or pressure vessel is prohibited.
The notice shall describe, in detail:
the nature of each alleged violation;
the reason for the prohibition from use;
the penalties of this subtitle; and
if appropriate, a recommendation on how to correct the violation.
A copy of the notice under subsection (b) of this section:
shall be attached to the boiler or pressure vessel; and
may not be removed by any person except the Chief Boiler Inspector or an authorized deputy boiler inspector until the Chief Boiler Inspector or an authorized deputy boiler inspector determines that:
each violation described in the notice has been corrected; and
the threat of death, serious physical harm, or serious damage to property resulting from the violation has been eliminated.
Use of a boiler or pressure vessel is prohibited while a notice under subsection (b) of this section is posted on the boiler or pressure vessel.
If the owner or user of a boiler or pressure vessel continues to use a boiler or pressure vessel after notice is issued under subsection (b) of this section, the Commissioner may assess a civil penalty against the owner or user not exceeding $1,000 per day for each boiler or pressure vessel in violation.
An owner or user who is aggrieved by a decision of the Commissioner, the Chief Boiler Inspector, or an authorized deputy boiler inspector under this section may bring an action to modify or vacate the decision on the ground that it is unlawful.
An action under this subsection may be brought in the Circuit Court for Baltimore City or in the circuit court for the county where the boiler or pressure vessel is located.
In a proceeding under this subsection, a court may not stay a decision of the Commissioner, the Chief Boiler Inspector, or an authorized deputy boiler inspector unless:
the court gives the Commissioner notice and an opportunity for a hearing; and
the aggrieved owner or user posts security or meets each condition that the court considers proper.
Except as otherwise provided in § 12-915(e) of this subtitle, the Commissioner may assess a civil penalty not exceeding $5,000 for each violation against a person who:
violates this subtitle;
violates a regulation adopted or order issued under this subtitle; or
operates in the State a boiler or pressure vessel, except a pressure vessel covered by an owner-user inspection service as provided by this subtitle, without a certificate.
In assessing the appropriateness of a civil penalty under this section, the Commissioner shall give due consideration to:
the nature or gravity of the violation;
the person’s good faith; and
the person’s history of previous violations.
A person may request a hearing before the Commissioner or the Commissioner’s authorized representative to contest a proposed penalty or an alleged violation of this subtitle.
The Commissioner shall adopt regulations as reasonably necessary to carry out this subsection.
A person may not:
willfully and persistently operate in the State a boiler or pressure vessel, except a pressure vessel covered by an owner-user inspection service as provided by this subtitle, without a certificate;
operate in the State a boiler or pressure vessel at a pressure exceeding that specified on the certificate; or
interfere with or impede the official duties of the Commissioner, an authorized representative of the Commissioner, or a member of the Board.
A person who violates this section is guilty of a misdemeanor and on conviction is subject for each violation to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.
This subtitle may be cited as the Boiler and Pressure Vessel Safety Act.
Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, § 12–904 of this subtitle shall terminate on July 1, 2029.