| (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.
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