An Act To Allow Pressure Boiler Inspections by National Board-certified Inspectors (AFTER DEADLINE)
Maine Legislature, Session 123, LD 1863
Committee: Business, Research and Economic Development
Sponsors: ROSEN, RA YE
Amends: 32 MRSA §15101, 32 MRSA §15110, 32 MRSA §15111, 32 MRSA §15115, 32 MRSA §15116, 32 MRSA §15117

Legislative Document 
S.P.676 
An Act To Allow Pressure Boiler Inspections by National Board-
certified Inspectors 
(AFTER DEADLINE) 
(EMERGENCY) 
No. 1863 
April 24, 2007 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Senator ROSEN of Hancock. 
Cosponsored by Senator: RA YE of Washington. 
JOY J. O'BRIEN 
Secretary of the Senate 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, it is imperative that this legislation take effect immediately because rules 
adopted by the Board of Environmental Protection have allowed the use of more boilers; 
and 
Whereas, the number of state inspectors has not increased to meet the demand 
caused by the increase in boiler use; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 32 MRSA §15101, sub-§2, as amended by PL 1999, c. 386, Pt. W, §3, is 
repealed. 
Sec. 2. 32 MRSA §15101, sub-§2-A is enacted to read: 
2-A. 
Authorized inspection agency. "Authorized inspection agency" means a 
company accredited as an authorized inspection agency in accordance with the National 
Board of Boilers and Pressure Vessel Inspectors Inspection Code. 
Sec. 3. 32 MRSA §15101, sub-§5-A is enacted to read: 
5-A. Commissioned inspector. "Commissioned inspector" means a person who 
holds a license to inspect boilers and pressure vessels in this State issued under section 
15108-A or a person employed by an authorized inspection agency who holds a 
certificate to inspect boilers and pressure vessels in this State issued under section 15120. 
Sec. 4. 32 MRSA §15110, first~, as enacted by PL 1995, c. 560, Pt. H, §14 and 
affected by § 17, is amended to read: 
A welder may not make welded repairs to any boiler or pressure vessel covered by 
this chapter, without first receiving authorization from the chief inspector or tfte 
authorized iRspeetor employed by the iRsuFaRee eompaRy responsible for the inspeetion 
ef a commissioned inspector inspecting the boiler or pressure vessel. The authorization 
may be in the form of a general agre~ment between the chief inspector or the appropriate 
authorized commissioned inspector and the owner or the owner's representative. 
Sec. 5. 32 MRSA §15111, as amended by PL 1999, c. 386, Pt. W, §22, is further 
amended to read: 
Page I - 123LR2582(O!)-1 
§15111: Operation of conde mood vessels 
A boiler or pressure vessel that has been condemned for further use in this or any 
other state by a commissioned. inspector or licensed boiler inspector employed by aft 
insuranee . eompany or b~c an inspeetor authorized to inspect boilers by a state or the 
Federal Government may not be installed or operated in this State. 
Sec. 6. 32 MRSA §15115, as amended by PL 1999, c. 386, Pt. W, §25, is further 
amended to read: 
§15115. Temporary cert;ficate 
If an emergency affecting public safety and welfare exists, the board may authorize 
the chief inspector to issue a temporary inspection certificate for a period not exceeding 6 
I 
months after an inspection certificate has expired. A temporary inspection certificate 
may be issued without an internal inspection being made. If the boiler or pressure vessel 
is insured, the temporary inspection certificate may not be issued until recommended in 
writing by the authorized inspeetor of the eompany insuriag the boiler or pressl:H'e yessel 
IS 
a commissioned inspector and by the chief inspector or one of the deputies; or, if the 
boiler or pressure vessel is not insured, the temporary inspection certificate must be 
recommended in writing by at least 2 authorized commissioned state inspectors. The 
provisions as to posting of the inspection certificate apply to the temporary inspection 
certificate. 
Sec. 7. 32 MRSA §15116, first~, as amended by PL 1999, c. 687, Pt. E, §15, is 
1 
further amended to read: 
When a boiler or pressure vessel is insured and inspeeted by a duly accredited 
insurance company licensed to do business in this State and inspected by an authorized 
inspection agency, a copy of the record of each certificate inspection of the boiler or 
pressure vessel must be filed with the board. 
Sec. 8. 32 MRSA §15117, as amended by PL 2001, c. 573, Pt. A, §5, is further 
amended to read: 
§15117. Inspection required; certificates issued 
Each boiler or pressure vessel used or proposed for use within this State, except 
boilers or pressure vessels exempt under section 15102, must be thoroughly inspected by 
the chief inspector, a deputy inspector or an authorized a commissioned inspector, as to 
its design, construction, installation, condition and operation. The board shall adopt rules 
pursuant to the Maine Administrative Procedure Act specifYing the method and 
frequency of inspection. When any boiler or pressure vessel inspected as specified by the 
board is found to be suitable and to conform to the rules of the board, the chief inspector 
shall issue to the owner or user of that boiler or pressure vessel, upon payment of a fee to 
the board, an inspection certificate for each boiler or pressure vessel. The fee under 
section 15109, subsection 9 must be set by the director. Inspection certificates must 
specify the maximum pressure that the boiler or pressure vessel inspected is allowed to 
carry. The inspection certificate may be valid for not more than 14 months from the date 
of inspection in the case of boilers and 38 months from the date of inspection in the case 
of pressure vessels and must be posted under glass in the engine or boiler room 
containing the boiler or pressure vessel or an engine operated by it or, in the case of a 
portable boiler, in the office of the plant where it is temporarily located. The board may 
adopt rules setting forth criteria by which a temporary extension of an inspection 
certificate beyond 14 months in the case of boilers and beyond 38 months in the case of 
pressure vessels may be authorized. Rules adopted pursuant to this section are routine 
technical rules pursuant to Title 5, chapter 375, subchapter II-A 2-A. 
In accordance with the provisions of the Maine Administrative Procedure Act, the 
chief inspector ef~ any deputy inspector or a commissioned inspector may at any time 
suspend an inspection certificate when, in the inspector's opinion, the boiler or pressure 
vessel for which it was issued may not contin.1:Je 1tOJ be operated without menace to the 
public safety. A lieensed iRspeetor has e8l"~ 
pEY.vers with respeet te inspection 
certificates fur boilers and pFesSW'e vessefsi ~ 
By the company employing the 
inspeetor. 
Sec. 9. 32 MRSA §lS120, as amended by PL 2001, c. 573, Pt. A, §8, is further 
amended to read: 
§15120. Commissioned iBspedors; 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 an authorized inspection 
agency, issue to the boiler inspectors of the company certificates of authority as 
authorized commissioned 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 organization. Authorized 
Commissioned 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 a commissioned 
inspector's certificate is conditioned upon the authorized commissioned inspector 
continuing in the employ of a boiler inspeetion and insurance company duly authorized 
an authorized inspection agency and upon maintenance of the standards imposed by this 
chapter. Commissioned inspectors have the authority to inspect boilers and pressure 
vessels in the State and are entitled to payment of the fees provided for in section 15118. 
Authorized inspectors shall inspect all boilers and pressure vessels insured by their 
respecti>.,'e companies, and the owners or users of those insured boilers Owners and 
operators and insurance companies of boilers and pressure vessels may contract 
independently for a fee with an authorized inspection agency and are exempt from the 
payment of the fees provided for in section 15118. Authorized Commissioned 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 may contract independently for a fee 
with an authorized inspection agency and is exempt from the payment of fees provided 
for in section 15118. Each company employing authorized commissioned inspectors 
I 
shall, within 30 days following each certificate inspection made by the inspectors, file a 
report of the inspection with the chief inspector. 
Sec. 10. Rules. The Department of Professional and Financial Regulation shall 
amend its rules to incorporate changes made by this Act. Rules adopted pursuant to this 
section are routine technical rules pursuant to the Maine Revised Statutes, Title 5, chapter 
375, subchapter 2-A. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill amends the laws dealing with the Board of Boilers and Pressure Vessels. It 
II 
changes the term "authorized inspector" to "commissioned inspector" to reflect the terms 
used by the National Board of Boilers and Pressure Vessel Inspectors. 
It defines 
"authorized inspection agency." It allows owners and operators of boilers and pressure 
vessels to contract for inspections independently for a fee with any authorized inspection 
agency.