260 R.I. Code R. 260-RICR-30-10-2.5

Current through November 7, 2024
Section 260-RICR-30-10-2.5 - ADMINISTRATION
2.5.1Minimum Construction Standards for Boilers and Pressure Vessels:
A. All boilers, pressure vessels, water heaters and storage tanks, unless otherwise exempt, shall be registered with the Department of Labor and Training. All new boilers, pressure vessels, water heaters, and storage tanks unless otherwise exempt, to be operated in this jurisdiction, shall be designed, constructed, inspected, stamped and installed in accordance with the 2017 ASME Code and the latest addenda including code cases in effect, and these rules and regulations. Boilers and pressure vessels for which an ASME Manufacturers' Data Report is required shall bear the manufacturer's "NB" number as registered with the National Board. A copy of the Manufacturers' Data Report, signed by the manufacturer's representative and the National Board commissioned inspector shall be filed with the Chief Inspector through the National Board.
B. State Special - If, due to a valid impediment to full ASME Code compliance, a boiler or pressure vessel cannot bear the ASME and National Board stamping, details in the English language and United States customary units of the proposed construction material specifications and calculations approved by a Registered Professional Engineer experienced in boiler and pressure vessel design shall be submitted to the Administrator by the owner or user for approval as "State Special" which must be obtained from the Administrator before construction is started.
C. Before a second-hand boiler or pressure vessel, is installed, application for permission to install it shall be filed by the owner or user with the Chief Inspector and his approval obtained.
D. The following shall be exempt from the 2017 ASME Code construction requirements of § 2.5.1(A) of this Part.
1. Water heaters and water storage tanks where none of the following limitations are exceeded:
a. Heat input of 200,000 BTU/Hr;
b. Water temperature of 210 degrees Fahrenheit;
c. Nominal water capacity of 120 gallons; except that they shall be provided with one or more safety relief valves meeting the requirements of § 2.7.6 of this Part.
2. Continuous coil type hot water boilers used only for "steam vapor" cleaning of such things as machinery, equipment and building when none of the following limitations are exceeded:
a. 3/4" diameter tubing or pipe size with no drums or headers attached;
b. Nominal water containing capacity does not exceed six (6) gallons;
c. Water temperature does not exceed 350 degrees Fahrenheit.
d. Steam is not generated within the coil, except that they shall be provided with one or more safety relief valves meeting the requirements of § 2.6.6 of this Part.
3. In any circumstances other than the above, the owner or user shall contact the Chief Inspector.
2.5.2Frequency of Inspections of Boilers and Pressure Vessels
A. Power boilers and high-pressure, high temperature water boilers shall receive an inspection annually which shall be an internal inspection where construction permits; otherwise, it shall be as complete an inspection as possible. Such boilers shall also be inspected externally annually while under normal operating conditions.
B. Low pressure boilers, hot water heaters, and hot water storage tanks shall receive an inspection biennially.
1. Steam or vapor boilers shall have an external inspection and an internal inspection biennially where construction permits.
2. Hot water heating and hot water supply boilers shall have an external inspection biennially and where construction permits, an internal inspection at the discretion of the inspector.
3. Water Heaters including hot water storage tanks shall have an external inspection biennially and shall include the function of all controls and devices.
C. Except as provided for in §§ 2.5.2(D) and (E) of this Part, unfired pressure vessels shall receive an inspection triennially. This inspection shall be internal where construction permits. Pressure vessels not subject to internal corrosion shall be inspected externally.
D. Pressure vessels that are under the supervision of an owner-user inspection agency shall be inspected at the same interval unless otherwise agreed upon by the Chief Inspector with that Agency.
E. Based upon documentation of safe service conditions by the owner or user of the operating equipment and after an external inspection by the Chief Inspector, said Chief Inspector may, in his discretion, permit variations in the inspection frequency requirements as provided in these Rules and Regulations.
2.5.3Notification of Inspection
A. Certificate inspection, as required in § 2.5.2 of this Part, shall be carried out prior to the expiration date of the certificate at a time mutually agreeable to the inspector and owner or user.
B. External inspections may be performed by the inspector during reasonable hours and without prior notification in accordance with R.I. Gen. Laws § 28-25-7.
C. When as a result of external inspection or determination by other objective means it is the inspector's opinion that continued operation of the boiler or pressure vessel constitutes a menace to public safety, the inspector may request an internal inspection or an appropriate pressure test or both to evaluate conditions. In such instances the owner or user shall prepare the boiler or pressure vessel for such inspections or tests as the inspector designates in accordance with R.I. Gen. Laws § 28-25-7.
2.5.4Examination for an Inspector's Certificate of Competency
A. Examination for an inspector's certificate of competency may be held at the office of the Division or at any other location to be selected by the Administrator. An applicant for an examination shall have education and experience equal to at least one of the following:
1. a degree in mechanical engineering plus one year of experience in design, construction, operation or inspection of high-pressure boilers and pressure vessels;
2. a degree in a branch of engineering, other than mechanical engineering or an associate degree in mechanical technology plus two years of experience in design, construction, operation inspection of high pressure boilers and pressure vessels;
3. the equivalent of a high school education plus three years of experience:
a. in high pressure boiler and pressure vessel construction or repair; or
b. as an operating engineer in charge of high-pressure boiler operation; or
c. as an inspector of high-pressure boilers and pressure vessels.
B. Applications for examination shall be in writing on a form to be furnished by the Administrator stating the education of the applicant, a list of his employers, his period of employment and position held with each employer. Applications containing willful falsifications or untruthful statements shall be cause for rejection. Applications shall be submitted to the Chief Inspector at least 45 days prior to the date of examination.
C. If the applicant's education and experience are acceptable to the Administrator, he shall be given a written examination dealing with the design, construction, maintenance and repair of boilers and pressure vessels and their appurtenances, and the applicant shall be accepted or rejected on the merits of this examination. If the applicant is successful in meeting the requirements of the Division, a certificate of competency will be issued by the Administrator, when the applicant is employed by an authorized inspection agency. Upon the expiration of 90 days, an applicant who failed to pass the examination will be permitted to take another written examination and his acceptance or rejection will be determined by the Administrator on the basis of this examination.
2.5.5Examination Fees

A fee of sixty dollars ($60.00) will be charged for each applicant taking the examination for a certificate of competency.

2.5.6Certificate of Competency and Identification Card
A. Upon request of his employer, a certificate of competency and an identification card may be issued by the Administrator to:
1. a boiler and pressure vessel inspector employed by the State of Rhode Island.
2. an inspector who is employed by an insurance company which is authorized to insure and does insure against loss from explosions of boilers and pressure vessels in the State of Rhode Island.
3. an inspector employed as described in either §§ 2.5.6(A)(1) or (2) of this Part who conducts shop or field inspections of new boilers or pressure vessels in accordance with the 2017 ASME Code requirements.
4. an inspector who is continuously employed by a company which operates pressure vessels in this State and has a valid owner-user inspection agency agreement as provided in § 2.5.11 of this Part, provided that the applicant has satisfactorily passed the examination as set forth in § 2.5.11 of this Part or provided that (s)he holds a valid commission or certificate of competency from a State that has a standard of examination substantially equal to that of this jurisdiction and a valid commission and a current commission card issued by the National Board. The request for the certificate of competency and identification card shall be completed on forms to be provided by the Administrator and shall be accompanied by, when applicable, a facsimile of the applicant's commission and commission card, certificate of competency and identification card as named above, and a fee of sixty dollars ($60.00).
5. The certificate of competency and valid identification card shall be returned to the Administrator when the inspector to whom they were issued is no longer employed by the organization employing him at the time that the certificate was issued.
6. Each person holding a valid certification of competency and who conducts inspections as provided by the Act shall apply to the Administrator on forms provided and obtain a renewal identification card annually, not later than March 31 of each year. A fee of $30.00 for each card shall accompany each application.
7. An inspector's certificate of competency may be suspended by the Administrator after due investigation and recommendation by the Chief Inspector for adequate and just cause. Written notice of any such suspension shall be given by the Administrator, within not more than 10 days, to the inspector and his employer. Persons whose certificates of competency have been suspended shall be entitled to an appeal to the Administrator as provided for in the Act and to be present in person and represented by counsel at the hearing of the appeal.
2.5.7Conflict of Interest

An inspector shall not engage in the sale of any services, article or device relating to boilers, pressure vessels, or their appurtenances.

2.5.8 Inspection Reports to be Submitted by Inspectors
A. Inspectors employed by an Insurance Company shall, within one year of the effective date of these rules and regulations for boilers and three years for pressure vessels, submit to the Chief Inspector an inspection report on Form NB-5 of NATIONAL BOARD INSPECTION CODE for each boiler and pressure vessel subject to inspection in this State. Complete data shall be submitted on Form NB-5 for each non-standard boiler or pressure vessel.
B. Subsequent inspections by authorized insurance inspectors, of both standard and non-standard boilers and pressure vessels shall be reported on Form NB-6 and NB-7 of the NATIONAL BOARD INSPECTION CODE.
C. Inspection reports are required in §§ 2.5.8(A) and (B) of this Part above shall be submitted within 21 days from date of the completion of the inspection.
D. Owner-user inspection agencies shall report in accordance with §§ 2.5.8(B) and (C) of this Part or upon forms acceptable to the Chief Inspector or Administrator, which shall be filed as provided in § 2.5.11 of this Part.
2.5.9Insurance Companies to Notify Chief Inspector of New, Cancelled or Suspended Insurance on Boilers or Pressure Vessels

All insurance companies shall notify the Chief Inspector within 30 days, of all boilers or pressure vessels on which insurance is written, cancelled, not renewed or suspended because of unsafe conditions.

2.5.10Authorized Inspectors to Notify Chief Inspector of Unsafe Boilers or Pressure Vessels

If an authorized inspector, upon first inspection of a new risk, finds that a boiler or pressure vessel or any appurtenance thereof, is in such condition that his company would refuse insurance or that it does not comply with jurisdictional rules, the company shall immediately notify the Chief Inspector and submit a report on the defects. If, upon inspection, an authorized inspector finds a boiler or pressure vessel to be unsafe for further operation, he shall promptly notify the owner or user, stating what repairs or other corrective measures are required to bring the object into compliance with these rules and regulations. Unless the owner or user makes such repairs or adopts such other corrective measures promptly, the authorized inspector shall immediately notify the Chief Inspector. Until such corrections have been made no further operation of the boiler or pressure vessel involved shall be permitted. If an inspection certificate for the object is required and is in force, it shall be suspended by the Chief Inspector. When re-inspection establishes that the necessary repairs have been made or corrective actions have been taken and that the boiler or pressure vessel is safe to operate, the Chief Inspector shall be notified by report. At that time an inspection certificate, where applicable, will be issued.

2.5.11Owner-User Inspection Agency
A. Any person, firm partnership, or corporation operating pressure vessels in this jurisdiction may seek approval and registration as an owner-user inspection agency by filing an application with the Administrator on prescribed forms and request approval by the Division. Each such application shall be accompanied by a fee of sixty dollars (60.00) bond in the penal sum of twenty-five thousand dollars ($25,000) which shall continue to be valid during the time the approval and registration of the company as an owner-user inspection agency is in effect.
B. Application and registration shall show the name of such agency and its principal address in this State, and the name and address of the person or persons having supervision over inspections made by said agency. Changes in supervisory personnel shall be reported to the Administrator with 30 days after any such change.
C. Each owner-user inspection agency as required by the provisions of the Act and these rules and regulations shall:
1. conduct inspections of pressure vessels, not exempt by the Act, utilizing only qualified inspection personnel, as provided in § 2.5.6 of this Part.
2. retain on file at the location where the equipment is inspected, a true record or copy of each of the latest inspection reports signed by the inspector;
3. execute and deliver to the Chief Inspector and those responsible for the operation of the pressure vessel, a true report of each inspection together with appropriate requirements or recommendations that result from such inspections;
4. promptly notify the Chief Inspector of any pressure vessel which does not meet the requirements for safety;
5. maintain inspection records which will include a list of each pressure vessel covered by the Act, showing a serial number and such abbreviated descriptions as may be necessary for identification, the date of last inspection of each unit and approximate date for the next inspection, arrived at by applying the appropriate rules to all data available at the time such inspection record is compiled.
6. Regarding frequency and type of inspection, see § 2.5.2 of this Part. Such inspection record shall be readily available for examination by the Chief Inspector or his authorized representative during business hours.
2.5.12Defective Conditions Disclosed at Time of External Inspection

If, upon an external inspection, there is evidence of a leak or crack, sufficient covering of the boiler or pressure vessel shall be removed to permit the inspector to satisfactorily determine the safety of the boiler or pressure vessel. If the covering cannot be removed at that time, he may order the operation of the boiler or pressure vessel stopped until such time as the covering can be removed and proper examination made.

2.5.13Owner or User to Notify Chief Inspector of Accident

When an accident occurs to a boiler, pressure vessel, power piping or process piping, the owner or user shall promptly notify the Chief Inspector by submitting a detailed report of the accident. In the event of a personal injury or any explosion, notice shall be given immediately by telephone, telegraph or messenger, and neither the boiler, pressure vessel, power piping or process piping, nor any parts thereof, shall be removed or disturbed before permission has been granted by the Chief Inspector, except for the purpose of saving human life and limiting consequential damage.

2.5.14Inspection Certificate and Inspection Fees
A. Certificate Inspection by Authorized Insurance Inspectors or State Inspectors
1. If, after inspection by an authorized insurance inspector or state inspector, a boiler or pressure vessel is found to be safe and in conformance with these rules and regulations, the owner or user shall pay directly to the jurisdiction a biennial certificate fee of sixty ($60.00) dollars for each boiler which shall include hot water heaters. A triennial certificate fee of forty-five ($45.00) shall be assessed for each unfired pressure vessel inspected under the provisions of R.I. Gen. Laws Chapter 28-25.
B. Certificate Inspection by Authorized Owner/User Inspection Agency
1. If a boiler or pressure vessel after inspection, by an authorized owner/user inspection agency is found to be suitable and to conform to these rules and regulations, the owner or user shall pay directly to the jurisdiction a fee of sixty dollars ($60.00) for each boiler or pressure vessel required to be inspected under the Act upon which an inspection certificate shall be issued in accordance with R.I. Gen. Laws §§ 28-25-10 and 28-25-11. Checks and money orders for payment of inspection certificate fees should be made payable to the Department of Labor, Division of Occupational Safety, Boiler Unit.
C. Certificate Inspection by State Inspector
1. The owner or user of a boiler or pressure vessel required by this Act to be inspected by the Chief Inspector, or by an authorized State inspector, shall pay directly to the Division of Occupational Safety, upon completion of inspection, fees in accordance with the following schedule:
2. Power boilers and high pressure, high temperature water boilers: $96.00
a. External Inspections Fees: $60.00
3. Heating Boilers
a. Certificate and Inspection Fees: $60.00 Biennially
(1) A fee shall be assessed for inspections of boilers and storage tanks at the same location not to exceed $240.00 biennially per location.
4. For boilers where the only source of heat is electrical energy, the fee shall be $60.00 biennially.
5. Pressure Vessels
a. Certificate and Inspection Fees
(1) Each pressure vessel shall be subject to inspection every three (3) years and shall be charged at a rate of $45.00.
(2) A group of pressure vessels, such as the rolls of a paper machine or dryer operating as a single machine or unit, shall be considered as one pressure vessel.
(3) Not more than one fee shall be charged or collected for any and all inspections as above of any pressure vessels in any required inspection period except as provided below.
6. Hydrostatic tests
a. When it is necessary to make a special trip to witness the application of a hydrostatic test, an additional fee based on the scale of fees outlined in § 2.5.14(C)(7) of this Part below shall be charged.
7. All other inspections, including reviews and surveys, shop inspections, special inspections, and inspections of second-hand or used boilers, or pressure vessels made by the Chief Inspector or authorized inspector employed by the State of Rhode Island shall be charged at the rate of not less than $190.00 for 1/4 day (2 Hrs.), $275.00 1/2 day (4 Hrs.), or $500.00 for one full day, including travel time, plus all expenses, including traveling, meals and lodging, where applicable. Minimum charge shall be 1/4 day ($190.00).
D. Disposition of fees - The Administrator shall account for and transfer all fees so received to the Treasurer of the State.
E. If the owner or user of a boiler or pressure vessel or system, which is required to be inspected refuses to allow an inspection to be made or refuses to pay the fee stipulated above, the inspection certificate shall be suspended by the Chief Inspector until the owner or user complies with the requirements.
F. The owner or user who causes a boiler or pressure vessel or system to be operated without a valid certificate shall be subject to the penalty as provided for in the Act.
G. Fees for Services
1. Hydrostatic tests by state inspections $100.00
2. Repair and alteration permit $100.00
3. Return visits for violations/charged to contractors $100.00
4. Return check fee $25.00
5. Overdue invoices $25.00
6. Certificate replacement fee $10.00
7. Portable boiler permits $300.00
2.5.15Validity of Inspection Certificate

An inspection certificate, issued in accordance with § 2.5.14 of this Part shall be valid until expiration unless some defect or condition affecting the safety of the boiler or pressure vessel is disclosed provided, however, that a certificate issued for a boiler or pressure vessel inspected by an authorized inspector employed by an insurance company shall be valid only if the boiler or pressure vessel for which it was issued continues to be insured by a duly authorized insurance company.

2.5.16Restamping Boilers and Pressure Vessels

When the stamping on a boiler or pressure vessel becomes indistinct, the inspector shall instruct the owner or user to have it re-stamped. Request for permission to re-stamp the boiler or pressure vessel shall be made to the Chief Inspector and proof of the original stamping shall accompany the request. The Chief Inspector may grant such authorization. Re-stamping authorized by the Chief Inspector shall be done only in the presence of an authorized inspector, and shall be identical with the original stamping except for the ASME Code Symbol Stamp. Notice of completion of such stamping shall be filed with the Chief Inspector by the inspector who witnessed the stamping on the boiler or pressure vessel together with a facsimile of the stamping applied.

2.5.17Penalty for Operation of Unsafe Boilers or Pressure Vessels
A. If, upon inspection, a boiler or pressure vessel is found to be in such condition that it is unsafe to operate, the inspector shall notify the Chief Inspector and the inspection certificate may be suspended by the Chief Inspector.
B. Any person, firm, partnership or corporation causing such objects to continue to be operated shall be subject to the penalty provided in the Act.
2.5.18Condemned Boilers and Pressure Vessels
A. Any boiler or pressure vessel having been inspected and declared unfit for further service by an inspector shall be stamped by the Chief Inspector or a deputy inspector on either side of the State number with the letters "XXX" as shown by the following facsimile, which will designate a condemned boiler or pressure vessel:
B. Any person, firm, partnership, or corporation using or offering for sale a condemned boiler or pressure vessel for operation within this State shall be subject to the penalties provided by the Act.
2.5.19Reinstallation of Boilers or Pressure Vessels

When a standard boiler or pressure vessel located in this jurisdiction is to be moved outside the jurisdiction for temporary use or for repair, alteration, or modification, application shall be made by the owner or user to the Chief Inspector for permission to reinstall the boiler or pressure vessel in the jurisdiction. When a non-standard boiler or pressure vessel is removed from this State, it shall not be reinstalled within this State.

2.5.20Installation, Operation, Sale or Offering for Sale of Non-Standard Boilers or Pressure Vessels

The installation, operation, sale or the offering for sale of non-standard boilers or pressure vessels in this jurisdiction is prohibited without permission from the Chief Inspector.

2.5.21Installation of Used or Second-Hand Boilers or Pressure Vessels

Before a used or second-hand boiler or pressure vessel can be shipped for installation in this State, an inspection must be made by an inspector qualified by this jurisdiction or by an inspector holding a valid National Board Commission, and data submitted by him shall be filed by the owner or user of the boiler or pressure vessel with the Chief Inspector for his approval. Such boilers and pressure vessels when installed in the jurisdiction shall be equipped with fittings and appurtenances that comply with the rules and regulations for new construction.

2.5.22Reinstalled Boilers or Pressure Vessels

When a stationary boiler or pressure vessel is moved and reinstalled, the attached fittings and appurtenances shall comply with these rules and regulations for new installations.

2.5.23Working Pressure for Existing Installations

Any authorized inspector may decrease the working pressure on any existing installation if the condition of the boiler or pressure vessel warrants it. If the owner or user does not concur with the inspector's decision, the owner or user may appeal to the Administrator who may request a joint inspection by the Chief Inspector and the authorized inspector. The Chief Inspector shall render his report to the Administrator and the Administrator shall render the final decision, based upon the data contained in the inspector's reports.

2.5.24Repairs and Alterations to Boilers & Pressure Vessels
A. Repairs and alterations to boilers and pressure vessels shall be made in accordance with the rules of the National Board Inspection Codes latest edition. Repairs shall be made by a repair organization having one of the following types of authorization:
1. an organization in possession of a valid Certificate of Authorization for use of the "R" Symbol Stamp, issued by the National Board.
2. an organization in possession of a valid ASME Certificate of Authorization provided such repairs are within the scope of the organization's Quality Control System.
3. an organization working within the State provided authorization for the organization to perform such repairs has been issued by the Chief Inspector.
B. Alterations to a boiler or pressure vessel shall be made by an organization in possession of a valid ASME Certificate of Authorization.
2.5.25Repairs to Pressure Relief Valves
A. Repairs to pressure relief valves shall be made only by an organization which holds a valid Certification of Authorization for use of the National Board Pressure Relief Valve Repair "VR" Symbol Stamp. The initial installation testing and adjustments of a new pressure relief valve on a boiler or pressure vessel are not considered a repair, if made by the manufacturer or assembler of the valve.
B. The Chief Inspector may authorize properly trained and qualified employees of boiler and pressure vessel users or their designees to make adjustments to set pressure and/or blow-down to pressure relief valves owned by them, provided the adjusted settings and/or capacities and the date of the adjustment are recorded on a metal tag secured to the seal wire. All external adjustments shall be resealed showing the identification of the organization making the adjustments. A record of all external adjustments shall be maintained and made available to the inspector.
C. No person shall attempt to remove or do any work on any safety appliance prescribed by these rules and regulations while the appliance is subject to pressure.
D. Should any of these appliances be removed for repair during an outage of a boiler or pressure vessel, they must be reinstalled and in proper working order before the object is again placed in service.
E. No person shall alter any safety or safety relief valves or pressure relief devices in any manner to maintain a working pressure in excess of that stated on the boiler or pressure vessel inspection certificate.
2.5.26Riveted Patches

In applying riveted patches, the design of the patch and method of installation shall be in accordance with the National Board Inspection Code, 1973 Edition. Approval for such repairs must be obtained from the chief inspector prior to making such repairs.

2.5.27Requirements for New Installations
A. In accordance with R.I. Gen. Laws § 28-25-10, any person erecting or installing a new or second-hand boiler or pressure vessel shall first make application for a permit to install to the Division of Occupational Safety, Boiler Unit. A permit fee of one hundred twenty dollars ($120.00) will be required for all heating boilers (low pressure) and a fee of three hundred dollars ($300.00) for all power boilers (high pressure). The installer of such installations must record his/her Pipefitter Master I license number on the permit application.
B. All new and second-hand item installations shall comply with the general requirements of these regulations. In addition, applicable sections of these regulations that pertain to the specific requirements for items falling into categories outlined in § 2.5.3 of this Part, shall be followed.
1. No boiler or pressure vessel shall hereafter be installed in this State unless it has been constructed in accordance with ASME Code, incorporated above, registered with the National Board and installed in conformity with these rules and regulations except:
a. those exempt by the Act;
b. those outlined in § 2.5.1(B) of this Part
2. The stamping shall not be concealed by lagging or paint and shall be exposed at all times unless a suitable record is kept of the location of the stamping so that it may be readily uncovered at any time this may be desired.
2.5.28Application of State Serial Numbers
A. Upon completion of the installation of a boiler or pressure vessel, or at the time of the initial certificate inspection of an existing installation each boiler or pressure vessel shall be identified by the inspector with a serial number of the State, consisting of letters and figures to be not less than 5/16 inch in height and arranged as follows:
B. All cast iron, low-pressure heating boilers shall have securely attached to the front of the boiler a corrosion resistant metal tag or suitable tag allowed by construction code which shall have the serial number of the State stamped thereon. All pressure vessels constructed of cast iron, or of material of such thickness that it should not be stamped, shall have securely attached a corrosion resistant metal tag and or suitable tag allowed by the construction code, which shall have the serial number of the State stamped thereon.
2.5.29Variations
A. Any person who believes the rules and regulations promulgated under R.I. Gen. Laws Chapter 28-25 impose an undue burden upon the owner or user, may request a variation from such rule or regulation. The request for variation shall be made to the Administrator of Occupational Safety in writing and shall specify how equivalent safety is to be maintained. The Administrator, after investigation and such hearing as it may direct, may grant such variation from the terms of any rule or regulation provided such special conditions as may be specified are maintained in order to provide equivalent safety.
B. Any person denied a variance under § 2.5.30 of this Part may grieve such determination by submitting such appeal in writing to the Occupational Safety and Health Review Board. Said board, created by R.I. Gen. Laws Chapter 28-20, shall hear evidence concerning such action and determine whether said variation does, in fact, provide for equivalent safety.
C. When there is a reason to believe, or upon receipt of a complaint that a variation does not provide freedom from danger equivalent to the published rule or regulation, the Administrator or Chief Inspector by direction after notice to the owner or user and complainant, and after hearing and investigation as it may direct, may continue in force, suspend, revoke, or modify the conditions specified in any variation. No declaration, act or omission of the Administrator or of the Chief Inspector, or authorized inspectors other than a written order authorizing a variation as permitted above, shall be deemed to exempt, either wholly or in part, expressly or implied, any owner or user from full compliance with the terms of any rule or regulation.
2.5.30Penalties

Any person, firm or corporation violating any of the provisions of these rules and regulations shall be charged with a violation and may be subject to a fine not to exceed $500.00 per day for each such violation. The Department of Labor shall impose said fine on the installer of new construction or the owner/user of existing boilers or pressure vessels as provided for in R.I. Gen. Laws § 28-25-16. Each day of such operation in violation of the provisions shall be considered a separate offense.

260 R.I. Code R. 260-RICR-30-10-2.5

Amended effective 4/28/2019