16 Tex. Admin. Code § 65.83 - Boiler Accidents

(a) In case of a serious accident, the owner, operator, or Authorized Inspector must immediately notify the chief inspector and Authorized Inspector, as applicable.

(b) The owner or operator must ensure that neither the boiler nor any of the following is removed or disturbed, whether or not it is or was installed, in use, impacted, damaged, or functioning, except for the purpose of saving human life or preventing death or serious harm to an individual or preventing serious damage, before an inspection and investigation has been made by a department inspector:

(1) parts of the boiler;

(2) fuel supply equipment;

(3) gauges, valves, meters, regulators, or cocks;

(4) wiring, relays, switches, electrical panels, or motherboards;

(5) ventilation equipment, structures, or fans;

(6) any other equipment serving the operation of the boiler;

(7) any matter, material, substance, equipment, part, or item related or unrelated to the operation of the boiler; or

(8) building structures, building materials, building contents, adjacent or surrounding structures or components thereof, soils, or vegetation.

(c) The chief inspector must investigate, or cause to be investigated, each boiler accident to the extent necessary to reasonably determine the cause of the boiler accident.

(d) To the extent necessary to conduct an inspection and subsequent investigation of a boiler accident, the owner or operator must provide an inspector free access to the boiler and accident area.

(e) All records related to the boiler and the operation of the boiler must be preserved and may not be modified or destroyed.

(1) If records related to the operation or maintenance of the boiler are created or updated through electronic or automated processes, the records may not be accessed to modify, delete, or otherwise change the automated system or the records created or produced by that system.

(2) All records must be made available to the inspector or the department upon request in a readily understandable format that can be read and interpreted without the use of proprietary software, interpretation services, or other specialized processes.

(f) The owner or operator must timely provide the chief inspector, deputy inspector and Authorized Inspector with fragments, parts, appurtenances, documents, any items listed in subsection (b), and records necessary to conduct an investigation of the accident.

(g) The Authorized Inspector must submit a report of the boiler accident to the chief inspector in a manner prescribed by the department.

(h) The chief inspector must file a final report to the executive director.

Notes

16 Tex. Admin. Code § 65.83

Adopted by Texas Register, Volume 40, Number 22, May 29, 2015, TexReg 3129, eff. 6/15/2015; Amended by Texas Register, Volume 49, Number 47, November 22, 2024, TexReg 9518, eff. 12/1/2024