Arkansas Administrative Code › Agency 010 - Department of Labor › Division 01 - Boiler Inspection › Rule 010.01.16-001 - Rule 010.01 Rules of the Boiler Inspection Division and Boiler Advisory Board

Current through Register Vol. 49, No. 6, June, 2024
010.01
Administrative Regulations of the Boiler Inspection Division of the
			 Arkansas Department of Labor and the Boiler Advisory Board, State of
			 Arkansas.
Amendment 1.
Rule
				010.01 -002 is amended to read as
				follows:
010.01 -002
Information
			 for Public Guidance
The mailing address and telephone number for the Boiler
				Inspection Division is:
Boiler Inspection Division
Arkansas Department of Labor
10421 West Markham Street
Little Rock, AR 72205
(501) 682-4513
The Department of Labor makes available a list of persons
				holding certain responsibilities for handling FOIA requests, licensing
				questions, complaints against licensees, and compliance requests or assistance
				so that the public may obtain information about the agency or make submissions
				or requests. The names, mailing addresses, telephone numbers and electronic
				addresses can be obtained from the agency's office or website. The Department
				of Labor's website is:
http://www.labor.ar.gov/Pages/default.aspx
.
				The Boiler Inspection Division's website is:
http://www.labor.ar.gov/divisions/Pages/boilerInspectionDivision.aspx.
The division has a list of official forms used by the division
				and a list of all formal, written statements of policy and written
				interpretative memoranda, and orders, decisions and opinions resulting from
				adjudications, which may be obtained from the division's office or website.
				Copies of all forms used by the division, written statements of policy and
				written interpretive memoranda, and all orders issued by the division may be
				obtained from the division's office.
Amendment 2.
Rule
				010.01 -004(D), dealing with
				rule-making, is amended to read as follows:
D.
Filing with Legislative
			 Council
Thirty (30) days before the public-comment period ends, the
				division will file with the Legislative Council the text of the proposed rule
				or amendment as well as a financial impact statement and any additional
				information as may be required by the Legislative Council as provided by Ark.
				Code Ann. §
											10-3-309.
Amendment 3.
Rule
				010.01 -004(G)(1), dealing with
				rule-making, is amended to read as follows:
G.
The Decision to Adopt a Rule
1. The division will not finalize language of
			 the rule or decide whether to adopt a rule until the period for public comment
			 has expired and the proposed rule has been reviewed and approved by the
			 Legislative Council or other legislative committee pursuant to Ark. Code Ann.
			 §
											10-3-309.
Amendment 4.
Rule
				010.01 -004(M), dealing with
				rule-making, is amended to read as follows:
M.
Filing
1. After the division formally adopts a new
			 rule or amends a current rule or repeals an existing rule, and after the rule
			 change has been reviewed and approved by the Legislative Council, the agency
			 staff will file final copies of the rule with the Secretary of State, the
			 Arkansas State Library, and the Legislative Council or as otherwise provided by
			 Ark. Code Ann. § 25-14-204.
2.
			 Proof of filing a copy of the rule, amendment, or repeal with the Secretary of
			 State, the Arkansas State Library, and the Legislative Council will be kept in
			 a file maintained by the Legal Division of the Arkansas Department of
			 Labor.
3. Notice of the rule change
			 will be posted on the department website.
Amendment 5.
Rule
				010.01 -005(C), dealing with
				emergency rule-making, is amended to read as follows:
C.
Effective Date of Emergency
			 Rule
1. The division shall not finalize
			 an emergency rule or file an emergency rule with the Secretary of State for
			 adoption until the emergency rule has been approved under Ark. Code Ann. §
											10-3-309.
2. The emergency rule will be effective
			 immediately upon filing, or at a stated time less than ten (10) days
			 thereafter, if the division finds that this effective date is necessary because
			 of imminent peril to the public health, safety or welfare. The division will
			 file with the rule the its written findings justifying the determination that
			 emergency rule-making is appropriate and, if applicable, the basis for the
			 effective date of the emergency rule being less than ten (10) days after the
			 filing of the rule pursuant to Ark. Code Ann. §
											25-15-204.
			 The agency will take appropriate measures to make emergency rules known to
			 persons who may be affected by them.
Amendment 6.
Rule
				010.01 -008(J), dealing with
				re-licensure for a revoked or surrendered license, is amended to read as
				follows:
J.
Re-Licensure for
			 Revoked or Surrendered License and General Reinstatement
1. No individual who has had his or her
			 license revoked or who has surrendered his or her license for an act of bad
			 faith or a violation of law, rule or ethics will be licensed, except on
			 petition made to the division. The application for re-licensure is not allowed
			 until at least two (2) years after the revocation or surrender of license took
			 effect.
a. The applicant bears the burden of
			 proof that he or she is rehabilitated following the revocation or surrender of
			 his or her license, that he or she can engage in the conduct authorized by the
			 license without undue risk to the public, health, safety, and welfare, and that
			 he or she is otherwise qualified for the license pursuant to Ark. Code Ann.
			 §
												20-23-101
et seq.
b. The
			 division may impose any appropriate conditions or limitations on a license to
			 protect the public, health, safety, and welfare.
c. The division may require that the person
			 seeking re-licensure take the licensing examination, if applicable.
2. Reinstatement
a. An individual may seek reinstatement under
			 this subsection, Rule
			 010.01 -008(J)(2), provided the
			 applicant for reinstatement demonstrates that he or she:
i was previously licensed by the division at
			 any time;
ii. was licensed in good
			 standing at the time of licensing;
iii did not have his or her license revoked for: an act of bad
				faith or a violation of law, rule or ethics; and iv. is not holding a suspended
				or probationary license in this state or a sister state.
b. The Department of Labor's Code
			 Enforcement Manager shall ensure that any application for reinstatement is
			 handled in an expedited manner.
Amendment 7.
Rule
				010.01 -008, dealing with
				licensing, is amended to add a new subsection (O) to read as follows:
O.
Active duty service members,
			 returning military veterans, and spouses
1. As used in this rule, "returning military
			 veteran" means a former member of the United States Armed Forces who was
			 discharged from active duty under circumstances other than
			 dishonorable.
2. Temporary license
a. An individual who is the holder in good
			 standing of a substantially equivalent license in another state, shall be
			 issued a temporary license of the same class while completing the application
			 process for full licensure, provided the individual is one of the following:
i. an active duty military service member
			 stationed in the State of Arkansas;
ii. a returning military veteran applying
			 within one (1) year of his or her discharge from active duty; or
iii. the spouse of a person under Rule
			 010.01 -008(O)(2)(a)(i) or (ii)
			 above.
b. A temporary
			 license under this rule shall expire on its face in thirty (30) days, although
			 it is subject to renewal until a final administrative decision on full
			 licensure is made.
c. If a full
			 license is granted and the license fee paid, the license shall expire on the
			 same date or in the same manner as other licenses of that class or type,
			 regardless of the date of issue or renewal.
d. The Department of Labor's Code Enforcement
			 Manager shall ensure that any application for temporary licensure under Rule
			 010.01 -008(O) is handled in an
			 expedited manner.
e. When
			 considering an application for full licensure of an active duty military
			 service member stationed in the State of Arkansas or a returning military
			 veteran applying within one (1) year of his or her discharge from active duty,
			 the division shall:
(i) consider whether or
			 not the applicant's military training and experience is substantially similar
			 to the experience required by Rule
			 010.01 -008(K) through (M) for
			 the class of license being sought; and
(ii) accept the applicant's military training
			 and experience in lieu of the experience required by Rule
			 010.01 -008(K) through (M) if the
			 Code Enforcement Manager or division, determines the military training and
			 experience is a satisfactory substitute.
f. A license held by an active duty military
			 service member deployed outside the State of Arkansas or his or her spouse
			 shall not expire until one hundred eighty (180) days following the active duty
			 military service member's or spouse's return from active deployment. The
			 licensee must submit proof of deployment and deployment dates.
Amendment 8.
Rule
				010.01 -010(C)(1), dealing with
				inspection requirements, is amended to read as follows:
C.
Inspection Requirements
1. All boilers shall be inspected as follows:
a. High pressure steam boilers shall be
			 inspected internally and externally once each year unless the chief inspector
			 grants an extension for good cause. Such an extension:
(i) shall not exceed six (6) months;
			 and
(ii) shall cause the time
			 period for the next annual inspection to begin on the day following the date of
			 the inspection.
b. All
			 low pressure steam boilers shall be inspected externally annually and
			 internally once each three (3) years to the extent permitted by the design and
			 construction of the vessel.
c. All
			 hot water heating boilers shall be inspected externally annually and internally
			 if required by the inspector.
d. An
			 inspector may require a more frequent inspection than those required in Rule
			 010.01 -010(C)(1)(a) through (c)
			 above if the inspector has reason to question the integrity of the boiler or
			 boiler controls.