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TITLE 16ECONOMIC REGULATION
PART 4TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 65BOILERS
SUBCHAPTER RTECHNICAL REQUIREMENTS
RULE §65.601General Safety

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

  (1) the Inspector must notify the owner/operator about:

    (A) the prohibition against operating an unsafe boiler;

    (B) any 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) request the immediate but voluntary shut-down of the boiler;

  (2) if the owner/operator refuses to immediately shut the boiler down, before leaving the premise on which the unsafe boiler is located, the Inspector must notify the Chief Boiler Inspector about the condition of the unsafe boiler.

(b) Upon receipt of the notice required by subsection (a)(2), the Chief Inspector shall 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 operations of the boiler.

(c) The continued operation of an unsafe boiler shall subject the owner/operator to administrative penalties as provided for in this chapter.


Source Note: The provisions of this §65.601 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective January 15, 2018, 43 TexReg 75

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