Effective 28 Aug 1995

650.215. Rules, promulgation — procedure. — 1. The board shall formulate definitions, rules and regulations for the safe construction, installation, inspection, maintenance and repair of boilers and pressure vessels in this state.

(1) The definitions, rules and regulations so formulated for new construction shall be based upon and, at all times, follow the generally accepted nationwide engineering standards, formulae and practices established and pertaining to boiler and pressure vessel construction and safety, and the board shall by resolution adopt an existing published codification thereof, known as the "Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers", with the amendments and interpretations thereto made and approved by the council of the society, and shall likewise adopt the amendments and interpretations subsequently made and published by the same authority; and when so adopted the same shall be deemed incorporated into, and to constitute a part of, the whole of the definitions, rules and regulations of the board. Amendments and interpretations to the code so adopted shall be effective immediately upon being promulgated, to the end that the definitions, rules and regulations shall at all times follow the generally accepted nationwide engineering standards.

(2) The board shall formulate rules and regulations for the inspection, maintenance and repair of boilers and pressure vessels, which were in use in this state prior to the date upon which the first rules and regulations under sections 650.200 to 650.290 pertaining to existing installations became effective, or during the twelve-month period immediately thereafter.

(3) The rules for inspection, maintenance and repair of installed boilers and pressure vessels shall be based upon and follow the generally accepted national standards as promulgated by the National Board of Boiler and Pressure Vessel Inspectors or by the ANSI/API Standard 510, Pressure Vessel Inspection Code, as amended, as a minimum, as it relates to boiler and pressure vessels.

2. The rules and regulations and any subsequent amendments thereto formulated by the board shall have the force and effect of law, except that the rules applying to the construction of new boilers and pressure vessels shall not be so construed as to prevent the installation of such boilers and pressure vessels until twelve months after their promulgation by the board.

3. Subsequent amendments to the rules and regulations adopted by the board shall be permissive immediately and shall become mandatory twelve months after their promulgation.

4. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

­­--------

(L. 1984 H.B. 1060 § 4, A.L. 1990 S.B. 493 & 520, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)