16 Tex. Admin. Code § 65.551 - General Safety

(a) The owner or operator must place a boiler and its related equipment in a safe condition for access and inspection. A boiler inspector is not required to perform an inspection if:

(1) A boiler, its related equipment, or the facility is not in compliance with applicable minimum federal, state, or local safety standards; or

(2) Unsafe conditions, including obstructed entry or exit, unsafe flooring or walking surfaces, inadequate space for conducting the inspection, inadequate lighting, or other unsafe conditions, hazards, or safety risks are present.

(b) A determination by an inspector that an inspection cannot be conducted safely is final.

(c) A boiler that is deemed unsafe for operation by the inspector will be removed from service or placed in a safe condition in the following manner:

(1) The inspector must notify the owner or operator about:

(A) the prohibition against operating an unsafe boiler;

(B) insurance policy provisions, if any, that may exclude insurance coverage for operating an unsafe boiler;

(C) possible administrative penalties for operating an unsafe boiler; and

(D) the department's authority to follow a request for the immediate but voluntary shut-down of the boiler with formal action to prohibit continued operation of the boiler.

(2) If the owner or operator refuses to immediately shut the boiler down upon the request of the inspector, before leaving the premise on which the unsafe boiler is located the inspector must notify the chief inspector about the condition of the unsafe boiler.

(d) Upon receipt of the notice required by paragraph (c)(2), the chief inspector must assign a deputy inspector to confirm that an unsafe condition exists and, if confirmed, to declare the boiler unsafe for operation by placing a red tag on the boiler prohibiting continued operation of the boiler.

(e) The continued operation of an unsafe boiler subjects the owner or operator to administrative penalties as provided for in this chapter.

Notes

16 Tex. Admin. Code § 65.551

Adopted by Texas Register, Volume 49, Number 47, November 22, 2024, TexReg 9520, eff. 12/1/2024