23-485. Special inspectors; civil liability

A. The division, on the request of any company that has received a certificate of accreditation from either the national board of boiler and pressure vessel inspectors or the American society of mechanical engineers as an authorized inspection agency or an owner-user inspection organization, may issue to any inspector of that company a certificate as a special inspector. Before receiving a certificate, the inspector must demonstrate that the inspector holds a current commission issued by the national board of boiler and pressure vessel inspectors.

B. A certificate as a special inspector for a company operating boilers, pressure vessels or lined hot water heaters in this state shall be issued only if, in addition to meeting the requirements of this section, the inspector is employed full time by such company and the inspector's duties include making inspections of boilers, pressure vessels or lined hot water heaters to be used by such company and not for resale.

C. Each company employing such special inspectors, within sixty days after each boiler, pressure vessel or lined hot water heater inspection made by the inspectors, shall file a report of the inspection with the division on appropriate forms or make entry into the division's computer database.

D. All insurance companies shall notify the division of all boilers, pressure vessels or lined hot water heaters on which insurance is written. All insurance companies shall also notify the division of all boilers, pressure vessels or hot water heaters on which insurance is cancelled, not renewed or suspended because of unsafe conditions.

E. The furnishing of a certificate inspection, as authorized by the commission pursuant to section 23-475, that is conducted incidental to the issuance or renewal of boiler and machinery insurance or a contractual certificate inspection when performed in accordance with the standards and regulations adopted by the commission shall not subject an insurer, a noninsurer, whether domestic or foreign, or a contracted inspection organization, its agents or its employees to liability for damages for any act or omission in the course of performing inspections as provided by this section. This subsection does not apply if the gross negligence of the insurer, noninsurer or contracted inspection organization, its agent or its employee created the condition that was the proximate cause of the injury, death or loss.