7 DE Code § 7403B. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 74B. Boiler Safety Program|§ 7403B. Program duties and responsibilities.

§ 7403B. Program duties and responsibilities. (a) Notwithstanding the provisions of § 7401B(c) of this title, the Secretary or the Secretary's designee shall have immediate access to the premises for investigation purposes in the event of an accident related to the construction, operation, maintenance or repair of a boiler, pressure vessel or nuclear installation. (b) Notwithstanding any provision of this chapter to the contrary, any heating and hot water supply boiler located in an apartment complex or residence of 6 or less living units, or any heating or hot water supply boiler located in and used to heat a single unit, where the heat input does not exceed 100,000 Btu/hr., shall be exempt from field inspection only. (c) The Boiler Safety Program shall have the authority to specify minimum standards for the fabrication, construction, installation, operation, inspection and repair of all boilers, pressure vessels and nuclear installations in this State. (d) The Boiler Safety Program, with the approval of the General Assembly, shall establish appropriate fees for all activities and services provided by the Program, including, but not limited to, commissions, inspections and examinations. (e) The Boiler Safety Program shall act as the American Society of Mechanical Engineers (ASME) and National Board designees when performing ASME shop reviews and the National Board of Boiler and Pressure Vessel Inspectors (NBBPVI) shop reviews of those manufacturers and repair companies of boilers and pressure vessels in this State. (f) The Boiler Safety Program shall have the authority to require that all boilers and pressure vessels in this State be inspected by persons commissioned as boiler and pressure vessel inspectors in this State, and to issue a certificate of inspection for all boilers and pressure vessels that meet state installation guidelines, except those exempt under § 7401B(c) of this title and by regulation. The Program shall be responsible for inspecting uninsured boilers and pressure vessels as well as boilers and pressure vessels that the insurer has failed to inspect. The Secretary or the Secretary's designee shall have immediate access to the site of all installations for inspection purposes and in the event of an accident. Inspection requirements shall be contained in rules and regulations. (1) All owners, users and/or contractors, who are responsible for the installation of boilers or pressure vessels in this State, shall obtain a certificate of inspection from the Boiler Safety Program prior to the operation of the boiler or pressure vessel. Notwithstanding this provision, any newly installed boiler or pressure vessel may be operated for testing necessary for issuance of a certificate of inspection. (2) Failure to obtain the required certificate of inspection shall subject the owner, user and/or contractor to a civil penalty of not less than $1,000 for the first offense and $2,000 for a second or subsequent offense. The Justice of the Peace Courts shall have jurisdiction over all violations of this subsection. (g) The Secretary or the Secretary's designee shall have the authority to issue a commission to an applicant as an inspector of boiler and pressure vessels who meets the following criteria:  (1) Shall file a notarized application with the Secretary or the Secretary's designee and pay the fee established by the Program; (2) Shall obtain a passing score on the validated examination for inspector; (3) Shall possess a valid, current commission issued by the NBBPVI; and (4) Shall not have been the recipient of any administrative penalties regarding the applicant's inspection practices in any other jurisdiction where the applicant has held, or currently holds, a commission. The applicant shall be responsible for providing proof of a valid commission in all state jurisdictions where the applicant holds or has held a commission as boiler inspector. (h) All inspections of repairs and alterations shall be performed by a Delaware-commissioned inspector following the provisions of the NBIC and the Delaware rules and regulations. (i) The Secretary shall promulgate and enforce rules and regulations, which shall be binding on all persons commissioned by the Program, including manufacturers and users of boilers and pressure vessels. The rules and regulations shall conform, insofar as possible, to the ASME Boiler and Pressure Vessel Code and the NBBPVI's Inspection Code. The rules and regulations shall further the purposes and objectives of this chapter and particularly as stated in § 7401B(b) of this title. (j) The Secretary or the Secretary's designee shall have the authority to grant a variance, on a case by case basis, to those rules and regulations that pertain to the installation of new boilers to replace existing boilers. (k) The Secretary or the Secretary's designee shall designate, contract, approve and arrange for the administration of all examinations. The Secretary or the Secretary's designee shall have the following powers, duties and functions relating to the administration of Delaware examinations:  (1) Deposit all fees received for testing to be used to cover the costs of all expenses directly related to the administration of examinations; (2) Review, approve and execute all contracts for examination services; (3) Review and approve the content and validity of any examination; and (4) Supervise the administration and proctoring of all tests. (l) The Secretary or the Secretary's designee shall:  (1) Have the power of a constable pursuant to § 2902(d) of Title 10, for the sole purpose of executing and serving the administrative inspection warrants, subpoenas and summons issued under the authority of this State and pursuant to the performance of their duties; and (2) Have the power to shut down unsafe boilers or pressure vessels pursuant to this chapter. (m) The Secretary or the Secretary's designee shall have the power to suspend or revoke a state commission for a finding of improper conduct. Where an application has been refused or rejected for a commission as inspector in this State or where a commission has been suspended for improper conduct by the Secretary's designee, the applicant may appeal to the Secretary of the Department of Natural Resources and Environmental Control. (n) The Secretary or the Secretary's designee shall establish a process for handling citizen complaints regarding the unsafe operation of boilers and pressure vessels in this State, which process shall be promulgated in rules and regulations. (o) All commissions issued previously by the Division of Boiler Safety shall remain valid as if they had been issued by the Program, and the Program shall have all powers and jurisdiction over such commissions the same as if the commissions had been issued by the Program in the first instance. 78 Del. Laws, c. 127, §  7;