A. The following American Society of Mechanical Engineers Codes, based upon the latest edition, shall be the piping codes for this state:

1. The power piping code, ASME B31.1;

2. The fuel gas piping code, ASME B31.2;

3. The gas transmission and distribution piping system code, ASME B31.8;

4. The process piping code, ASME B31.3; and

5. The liquid transportation systems for hydrocarbons, liquid petroleum gas, anhydrous ammonia and alcohols code, ASME 31.4.

B. The American Welding Society D1.1 and D1.3 shall be the structural steel welding codes for this state.

C. The provisions of this act shall apply only to weldments required by the above codes.

D. All welders prior to performing weldments within this state on any piping enumerated in subsection A of this section or structural steel welding enumerated in subsection B of this section shall be tested, qualified and certified by the Commissioner of Labor pursuant to this act.

E. It shall be mandatory upon the owner, or a contractor to whom a contract is awarded and upon any welders wherein welders are to perform weldments on any piping enumerated in subsection A, upon any subcontractor under the owner or a contractor, to ensure that all welders performing weldments within this state shall be certified by the Commissioner of Labor before any weldments are fabricated.

F. Penalties:

1. Any welder who violates or omits to comply with any of the provisions of this section, and any officer, agent or representative of any owner or any contractor or subcontractor who violates or omits to comply with any of the provisions of this section shall be subjected to the penalties provided in this title.

2. The Commissioner of Labor is empowered to issue cease and desist orders against violations of this act until such time as compliance of the law is met. If an owner, welder, contractor and/or subcontractor fails to obey the orders issued by the Commissioner of Labor, the Attorney General shall review the case and initiate necessary proceedings for contempt of the Commissioner's order and/or ask for an injunction in the district court as deemed appropriate to the facts of the case.

3. No person, firm or corporation or agent thereof shall in any manner interfere with the performance of the duties of any inspector or representative of the Commissioner of Labor for the implementation of this act.

Added by Laws 1978, c. 104, § 11, eff. Oct. 1, 1978. Amended by Laws 1979, c. 171, § 2, emerg. eff. May 15, 1979; Laws 2003, c. 101, § 3, eff. Nov. 1, 2003; Laws 2008, c. 312, § 13, eff. Nov. 1, 2008.