Note: This version of section amended by P.L.171-2019, SEC.8. See also following version of this section amended by P.L.249-2019, SEC.34.

Sec. 2. (a) The division may conduct a program of inspections of regulated boilers and pressure vessels.

(b) The division shall do the following:

(1) Issue a regulated boiler and pressure vessel operating permit to an applicant who qualifies under this section.

(2) Perform an operating permit inspection of a boiler or pressure vessel owned by the state.

(3) Conduct a program to audit boiler and pressure vessel inspectors licensed under section 5 of this chapter.

(4) Conduct a program to audit inspections completed by a boiler and pressure vessel inspector licensed under section 5 of this chapter.

(c) Except as provided in subsection (e), an operating permit issued under this section expires one (1) year after it is issued.

(d) To qualify for an operating permit or to renew an operating permit under this section, an applicant must do the following:

(1) Apply for an operating permit on a form approved by the division.

(2) Demonstrate through an inspection, performed by an inspector licensed under section 5 of this chapter, that the regulated boiler or pressure vessel covered by the application complies with the rules adopted by the commission.

(3) Submit a report of the inspection conducted under subdivision (2) to the division.

(4) Pay the fee set under IC 22-12-6-6(a)(8).

(e) The commission may, by rule adopted under IC 4-22-2, specify:

(1) a period between inspections of more than one (1) year; and

(2) an expiration date for an operating permit longer than one (1) year from the date of issuance.

However, the commission may not set an inspection period of greater than five (5) years or issue an operating permit valid for a period of more than five (5) years for regulated pressure vessels or steam generating equipment that is an integral part of a continuous processing unit.

(f) For any inspection conducted by the division under this section, the division may designate an inspector licensed under section 5 of this chapter to act as the division's agent for purposes of the inspection.

(g) The commission may adopt emergency rules in the manner provided under IC 4-22-2-37.1 to implement this chapter. An emergency rule adopted under this subsection expires on the earliest of the following dates:

(1) The expiration date stated in the emergency rule.

(2) The date the emergency rule is amended or repealed by a later rule adopted under IC 4-22-2-22.5 through IC 4-22-2-36 or under IC 4-22-2-37.1.

(3) July 1, 2021.

As added by P.L.245-1987, SEC.4. Amended by P.L.136-1990, SEC.3; P.L.119-2002, SEC.29; P.L.141-2003, SEC.18; P.L.1-2006, SEC.397; P.L.68-2009, SEC.5; P.L.86-2015, SEC.6; P.L.171-2019, SEC.8.

Note: This version of section amended by P.L.249-2019, SEC.34. See also preceding version of this section amended by P.L.171-2019, SEC.8.

Sec. 2. (a) The division shall conduct a program of periodic inspections of regulated boilers and pressure vessels.

(b) The division or a boiler and pressure vessel inspector acting under section 4 of this chapter shall issue a regulated boiler and pressure vessel operating permit to an applicant who qualifies under this section.

(c) Except as provided in subsection (f), a permit issued under this section expires one (1) year after it is issued. The permit terminates if it was issued by an insurance company acting under section 4 of this chapter and the applicant ceases to insure the boiler or pressure vessel covered by the permit against loss by explosion with an insurance company authorized to do business in Indiana.

(d) To qualify for a permit or to renew a permit under this section, an applicant must do the following:

(1) Demonstrate through an inspection that the regulated boiler or pressure vessel covered by the application complies with the rules adopted by the commission.

(2) Pay the fee set under IC 22-12-6-6(a)(8).

(e) An inspection under subsection (d)(1) shall be conducted as follows:

(1) An inspection for an initial permit shall be conducted by:

(A) the division; or

(B) an owner or user inspection agency.

(2) An inspection for a renewal permit shall be conducted by one (1) of the following:

(A) An insurance company inspection agency, if the vessel is insured under a boiler and pressure vessel insurance policy and the renewal inspection is not conducted by an owner or user inspection agency.

(B) An owner or user inspection agency.

(C) The division, if:

(i) the owner or user of a vessel is not licensed as an owner or user inspection agency and the vessel is not insured under a boiler and pressure vessel insurance policy; or

(ii) the regulated boiler or pressure vessel operating permit has lapsed.

(f) The commission may, by rule adopted under IC 4-22-2, specify a period between inspections of more than one (1) year. However, the commission may not set an inspection period of greater than five (5) years for regulated pressure vessels or steam generating equipment that is an integral part of a continuous processing unit.

(g) For any inspection conducted by the division under this section, the division may designate:

(1) a third party inspector that satisfies the requirements of section 5 of this chapter; or

(2) an inspection agency that satisfies the requirements of section 6 of this chapter;

to act as the division's agent for purposes of the inspection.

As added by P.L.245-1987, SEC.4. Amended by P.L.136-1990, SEC.3; P.L.119-2002, SEC.29; P.L.141-2003, SEC.18; P.L.1-2006, SEC.397; P.L.68-2009, SEC.5; P.L.86-2015, SEC.6; P.L.249-2019, SEC.34.