Md. Code Regs. 09.12.01.16

Current through Register Vol. 51, No. 22, November 1, 2024

Section 09.12.01.16 - Inspector

A. An inspector:

(1) May not engage in the sale of boilers, pressure vessels, or any related item; and

(2) Shall be employed regularly in inspection work.

B. To be eligible to take the examination for a Certificate of Competency as an inspector, an applicant shall have:

(1) A degree in mechanical engineering plus 1 year of experience in the design, construction, operation, or inspection of high pressure vessels;

(2) A degree in another branch of engineering, plus 2 years of experience in the design, construction, operation, or inspection of high pressure boilers and pressure vessels; or

(3) The equivalent of a high school education plus 3 years of experience:

(a) In high pressure boiler and pressure vessel construction or repair,

(b) As an operating engineer in charge of a high pressure boiler operation, or

(c) As an inspector of high pressure boilers and pressure vessels.

C. Application Procedure for Certificate of Competency.

(1) An applicant shall apply to take an examination:

(a) On the form furnished by the Chief Boiler Inspector, and

(b) At least 30 days before the examination date.

(2) The applicant shall provide:

(a) A description of the applicant's education;

(b) A list of the applicant's past and present employers;

(c) The dates of the applicant's employment with each employer;

(d) The position the applicant held with each employer; and

(e) Upon approval of the application by the Chief Boiler Inspector, a $50 examination fee, payable to the Division of Labor and Industry.

(3) An individual applying for a Certificate of Competency as a special inspector on the basis of a commission issued by the National Board of Boiler and Pressure Vessel Inspectors shall submit an application:

(a) On the form furnished by the Chief Boiler Inspector, and

(b) Accompanied by a copy of the commission and valid identification card issued by the National Board.

(4) An application containing false information shall be rejected.

D. The examination for Certificate of Competency shall:

(1) Be written;

(2) Cover the construction, installation, operation, maintenance, and repair of boilers and pressure vessels and their appurtenances;

(3) Be offered:

(a) At the office of the Board of Boiler Rules, or any other location that the Board selects, and

(b) On the first Wednesday of March, June, September, and December.

E. The chief boiler inspector shall issue a Certificate of Competency to an applicant who:

(1) Passes the examination or a subsequent re-examination; and

(2) Is a full-time employee of an authorized inspection agency.

F. Special Inspector Commission Application Procedure.

(1) An authorized inspection agency or an owner-user inspection service employing an individual applying for a special inspector commission shall:

(a) Submit a completed application form to the chief boiler inspector, setting forth the following:

(i) The applicant's name;

(ii) A description of the applicant's education;

(iii) A list of the applicant's past and present employers;

(iv) The dates of the applicant's employment with each employer; and

(v) The position the applicant held with each employer.

(b) Submit with the application for an individual who holds a commission or certificate of competency from a state with an equivalent examination or a commission issued by the National Board, a copy of:

(i) The commission or certificate; and

(ii) Any valid identification card issued by a state or the National Board.

(2) An application containing false information shall be rejected.

(3) Upon approval of the special inspector commission by the chief boiler inspector, the authorized inspection agency or owner-user inspection service shall pay a $50 special inspector commission fee, payable to the Division of Labor and Industry.

G. Unless the authorized inspection agency or owner-user inspection service complies with the renewal provisions of §H of this regulation, a special inspector commission expires:

(1) On the second March 1 after June 1, 2001, for special inspector commissions that were issued before June 1, 2001;

(2) On March 1 of the next odd number year after the initial issuance of the special inspector commission; or

(3) On March 1 of the next odd number year after renewal of the special inspector commission.

H. To renew a special inspector commission, the authorized inspection agency or the owner-user inspection service employing the special inspector shall, at least 30 days before the special inspector commission is scheduled to expire, provide documentation that:

(1) The special inspector continues to be certified as a special inspector by the National Board;

(2) The special inspector has maintained sufficient proficiency during the past year by experience and training to qualify for renewal of the commission; and

(3) The special inspector remains in the employ of the authorized inspection agency or the owner-user inspection service.

I. Suspension of Special Inspector Commission.

(1) After due investigation and recommendation by the Board of Boiler Rules, the Commissioner may suspend a special inspector commission for:

(a) Incompetence;

(b) Untrustworthiness; or

(c) Willful falsification of information provided:

(i) On the application, or

(ii) In an inspection report.

(2) The Commissioner shall give the inspector and the inspector's employer written notice within 10 days of the suspension.

(3) An inspector whose special inspector commission is suspended may:

(a) Appeal the suspension to the Board of Boiler Rules; and

(b) Be present or be represented by counsel at any hearing of the appeal.

J. An applicant who fails an examination may take another examination:

(1) After 90 days; and

(2) At the next regularly scheduled examination date.

Md. Code Regs. 09.12.01.16

Regulations .16 adopted effective June 1, 1989 (16:10 Md. R. 1106)
Regulation .16 amended as an emergency provision effective December 22, 2008 (36:2 Md. R. 96); emergency status extended at 36:17 Md. R. 1310; emergency status expired November 19, 2009; amended effective 45:8 Md. R. 419, eff. 4/23/2018