16 Tex. Admin. Code § 65.64 - Extension of Interval between Internal Inspections
(a) To extend the interval between internal
inspections as provided for in Texas Health and Safety Code, §
755.026, the
following procedure must be followed:
(1) No
less than three business days before the expiration date of the current
certificate of operation, the owner or operator shall submit a request for
extension for each boiler, in a manner prescribed by the department, including:
(A) the desired length of extension for a
time period no more than one (1) year following the expiration date of the
current certificate of operation; and
(B) the date of the last internal
inspection.
(2) Records
that demonstrate compliance with Texas Health and Safety Code, §
755.026 and
this section shall be available for review upon request by the Authorized
Inspector or the department.
(3)
The department shall notify the owner or operator and the inspection agency
having jurisdiction of the maximum extension period that may be
approved.
(4) Before the expiration
of the current certificate of operation, the inspection agency shall review all
relevant records and make an external inspection. The inspection agency shall
submit the inspection report in accordance with Texas Health and Safety Code,
§
755.027.
(5) Upon completion of the requirements in
paragraphs (1) - (4) and payment of all required fees, a new certificate of
operation may be issued for the extended period of operation.
(6) If the department denies an extension
request, the boiler shall be internally inspected before the expiration of the
certificate of operation.
(7)
Boilers for which the certificate of operation has expired must pass internal
and external inspections before a new certificate of operation may be
issued.
(b) The interval
between internal inspections may be extended if, at all times since the last
internal inspection, continuous water treatment has been maintained and any of
the following apply:
(1) the boiler was in
operation;
(2) the boiler was in
standby:
(A) water sampling and water
treatment are not required during the time that a boiler is in
standby.
(B) notwithstanding
subsection (b)(2)(A), continuous water treatment, including water sampling and
water treatment, is required during the time that a boiler is in standby and is
in operation at low fire;
(3) the boiler was out of service for repairs
for periods not exceeding 15 consecutive days; or
(4) the boiler was out of service for repairs
for any periods exceeding 15 consecutive days and accurate and complete records
clearly demonstrate that the interval between internal inspections may be
safely extended.
(c) For
public health and safety reasons, a boiler that has been out of service for
repairs for periods exceeding 15 consecutive days is presumed to require an
internal inspection if it can be safely and competently performed. An owner or
operator who intends to request an extension under this section for a boiler
that has been or will be out of service for a period exceeding 15 consecutive
days should:
(1) contact the department and
the Authorized Inspection Agency having jurisdiction as soon as practicable
when the owner or operator becomes aware that the boiler will be or has been
out of service for a period exceeding 15 consecutive days;
(2) provide written information or
documentation that includes:
(A) The
anticipated length of the repair;
(B) The nature of the repair; and
(C) Any other information that the department
and the Authorized Inspection Agency require in order to make a determination
whether eligibility for an extension will be preserved; and
(3) if there is a significant
change in the conditions upon which the department determined that the
inspection interval could be extended, update the department and the Authorized
Inspection Agency.
(d) A
request for extension of the interval between internal inspections may be
denied for failure to comply with any applicable provision of the Texas Health
and Safety Code, Chapter 755, or this chapter.
(e) An additional extension for up to one
hundred twenty (120) days may be allowed as provided for in Texas Health and
Safety Code, §
755.026, when
it is established an emergency exists.
(1)
Before the expiration date of the current certificate of operation, the owner
or operator shall submit to the department, in the manner prescribed by the
department, a request stating an emergency exists with an explanation of the
emergency and the date of the last internal inspection. The request shall be
submitted along with the inspection agency's external inspection report,
confirming compliance with Texas Health and Safety Code, §
755.026.
(2) The department shall notify the owner or
operator and the inspection agency having jurisdiction of the maximum extension
period that may be approved.
(3)
Upon completion of the requirements in paragraphs (1) and (2) and payment of
all required fees, a new certificate of operation may be issued for the
extended period of operation.
Notes
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