Session of 1998
HOUSE BILL No. 2864
By Committee on Business, Commerce and Labor
2-10
9
AN ACT concerning the boiler safety act;
amending K.S.A. 44-913, 44-
10 914, 44-915, 44-916,
44-917, 44-918, 44-919, 44-920, 44-921, 44-922,
11 44-923, 44-924,
44-925, 44-926, 44-928 and 44-929 and repealing the
12 existing sections.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 Section 1. K.S.A.
44-913 is hereby amended to read as follows: 44-
16 913. This act shall be known and may be
cited as the boiler safety act,
17 and, except as otherwise herein provided,
shall apply to all boilers and
18 pressure vessels in this state.
19 Sec. 2. K.S.A.
44-914 is hereby amended to read as follows: 44-914.
20 As used in this act, unless the context
otherwise requires:
21 (a) ``Boiler'' means a
closed vessel in which water or other liquid is
22 heated, steam or vapor is generated or
steam is superheated, or in which
23 any combination of these functions is
accomplished, under pressure or
24 vacuum, for use internal or external
to itself, by the direct application of
25 energy from the combustion of fuels or of
electric , or solar power
or
26 nuclear energy. The term
boiler shall include also fired units for heating
27 or vaporizing liquids other than water
where these units are separate from
28 processing systems and are complete within
themselves.
29 (b) ``Certificate
inspection'' means an inspection, the report of which
30 is used by the chief inspector to determine
whether or not an inspection
31 certificate shall be issued as provided by
K.S.A. 44-924, and amendments
32 thereto.
33 (c) ``Heating boiler''
means a steam or vapor boiler operating at pres-
34 sures not exceeding
fifteen (15) 15 pounds per
square inch gauge or a
35 hot water boiler operating at pressures not
exceeding one hundred sixty
36 (160) 160 pounds
per square inch gauge or temperatures not exceeding
37 two hundred fifty
degrees (250°) 250° Fahrenheit.
38 (d) ``High pressure,
high temperature water boiler'' means a water
39 boiler operating at pressures exceeding
one hundred sixty (160) 160
40 pounds per square inch gauge or
temperatures exceeding two hundred
41 fifty degrees (250°)
250° Fahrenheit.
42 (e) ``Power boiler''
means a boiler in which steam or other vapor is
43 generated at a pressure of more than
fifteen (15) 15 pounds per
square
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2
1 inch gauge.
2 (f) ``Secretary''
means the secretary of human resources.
3 (g) ``Pressure
vessel'' means a vessel or container used for the con-
4 tainment of pressure either
internal or external in which the pressure is
5 obtained from an external source
of vapor, liquid or gas.
6 (h) ``Hot water
supply boiler'' means a vessel heating water for exter-
7 nal uses, by gas, oil, electricity
or solar energy that does not exceed 160
8 psi, or 210°
Fahrenheit.
9
(i) ``Inspection fee'' means any inspection fees collected
pursuant to
10 subsection (a) of K.S.A. 44-926, and
amendments thereto, and shall not
11 include any certificate fees collected
pursuant to subsection (b) of K.S.A.
12 44-926, and amendments thereto, and any
travel or hotel expense.
13 Sec. 3. K.S.A.
44-915 is hereby amended to read as follows: 44-915.
14 (a) The provisions of this act shall not
apply to:
15 (1) Boilers and
pressure vessels under the control of the United States
16 government or federal law;
17 (2) antique, scale model
or other steam boilers which are used exclu-
18 sively for exhibition purposes and which
are inspected by associations
19 that have established an approved
inspection procedure and whose in-
20 spectors are registered as special
inspectors with the boiler safety unit of
21 the state of Kansas, department of human
resources;
22 (3) fire engine boilers
brought into the state for temporary use in
23 times of emergency;
24 (4) boilers and pressure
vessels located on producing oil and gas
25 leases or storage areas, and outside the
limits of any municipality, used
26 solely for oil and gas production purposes;
and
27 (5) hot water supply
boilers which are directly fired with oil, gas
or,
28 electricity or solar energy and
which are equipped with pressure and
29 temperature safety relief valves
approved by the national board of
the
30 American society of mechanical engineers
or the national board of boiler
31 and pressure vessel inspectors, if
none of the following limitations is ex-
32 ceeded:
33 (A) Heat input of
two hundred thousand (200,000) BTU
200,000
34 BTUH per
hour,;
35 (B) water temperature of
two hundred degrees (200°)
210° Fahren-
36 heit; and
37 (C) nominal water
capacity of one hundred twenty (120)
85 gallons.
38 (b) The provisions of
subsections (b) and (c) of K.S.A. 44-923, and
39 amendments thereto, and the
provisions of K.S.A. 44-924, 44-925 ,
and
40 44-926, and amendments thereto,
shall not apply to:
41 (1) Boilers and
pressure vessels located on farms and used solely for
42 agriculture or horticultural purposes;
43 (2) heating boilers
and pressure vessels which are located in private
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3
1 residences or in apartment houses of
less than six (6) five family
units;
2
(3) steam boilers which are regularly
inspected by any state agency;
3
(4) (3) boilers and
pressure vessels operated and regularly inspected
4 by railway companies operating in
interstate commerce; and
5
(5) (4) any boiler and
pressure vessels in any establishment in which
6 petroleum products are refined or
processed in which all boiler and pres-
7 sure equipment is inspected and rated
either by an inspection service
8 regularly maintained within such
establishment or provided by a manu-
9 facturer, designer or insurer of such
equipment, in accordance with the
10 applicable provisions of any published code
or codes of rules or recom-
11 mended practices nationally recognized in
the industry of which such
12 establishment is a part as providing
suitable standards for the inspection,
13 repair and rating of pressure equipment of
the type used in such estab-
14
lishment .;
15 (5) pressure vessels
used for transportation and storage of compressed
16 gases when constructed in compliance
with specifications of the United
17 States department of transportation and
when charged with gas marked,
18 maintained and periodically requalified
for use, as required by appropri-
19 ate regulations of the United States
department of transportation;
20 (6) pressure vessels
located on vehicles operating under the rules and
21 regulations of other state authorities
and used to transport passengers or
22 freight;
23 (7) pressure vessels
installed on the right-of-way of railroads and used
24 in the operation of trains;
25 (8) pressure vessels
having an internal or external operating pressure
26 not exceeding 15 psig with no limit on
size;
27 (9) pressure vessels
having an inside diameter, width, height or cross
28 section diagonal not exceeding six
inches, with no limitation on length of
29 the vessel or pressure;
30 (10) pressure vessels
for containing water under pressure, including
31 those containing air, the compression of
which serves only as a cushion,
32 when neither of the following
limitations is exceeded:
33 (A) A design pressure
of 300 psig; or
34 (B) a design
temperature of 210° Fahrenheit;
35 (11) pressure vessels
which may be classified as pressure containers
36 which are an intergal part of components
of rotating or reciprocating
37 mechanical devices such as pumps,
turbines, generators, engines and hy-
38 draulic or pneumatic cylinders, where
the primary design considerations
39 and stresses are derived from the
functional requirements of the device;
40 and
41 (12) pressure vessels
that do not exceed: (A) 15 cubic feet and 250 psi
42 pressure; or (B) 11/2 cubic feet in
volume and 600 psi pressure.
43 Sec. 4. K.S.A.
44-916 is hereby amended to read as follows: 44-916.
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4
1 (a) The secretary shall adopt rules
and regulations, consistent with the
2 provisions of this act, for the safe
construction, installation, inspection,
3 maintenance and repair of boilers in
this state and to fix inspection
fees
4 as provided in K.S.A. 44-926
and amendments thereto. The secretary shall
5 adopt rules and regulations,
consistent with the provisions of this act, for
6 the safe construction and
installation of pressure vessels in this state.
7 (b) Rules and
regulations adopted hereunder for construction of new
8 boilers and pressure vessels
shall be based upon and at all times follow
9 generally accepted nationwide
engineering standards, formulae and prac-
10 tices established and pertaining to boiler
construction and safety. Such
11 rules and regulations may incorporate by
reference specific editions, or
12 portions thereof, of the boiler and
pressure vessel code of the American
13 society of mechanical engineers or other
approved codes of construction.
14 (c) Rules and
regulations adopted hereunder for the construction,
15 installation, inspection,
maintenance and repair of boilers and construc-
16 tion and installation of pressure
vessels shall be based upon and at all
17 times follow generally accepted nationwide
engineering standards. Such
18 rules and regulations may incorporate by
reference specific editions, or
19 portions thereof, of the inspection code of
the national board of boiler
20 and pressure vessel inspectors and may
require the use of such board's
21 ``R'' stamp for repairs.
22
(d) All rules and regulations adopted
hereunder shall be subject to
23 the provisions of article 4 of
chapter 77 of the Kansas Statutes Annotated,
24 except that rules and regulations
applying to the construction and instal-
25 lation of new boilers shall not
become effective until 12 months after
26 their adoption by the
secretary.
27 (d) The chief
inspector or deputy inspectors may perform inspections
28 of boilers and construction of and
installation of pressure vessels and issue,
29 upon completion, a special certification
showing that such inspection was
30 done in accordance with nationwide
engineering standards as adopted by
31 rules and regulations.
32 Sec. 5. K.S.A.
44-917 is hereby amended to read as follows: 44-917.
33 (a) No
All new boiler boilers and
pressure vessels shall which does
not
34 conform to the rules and regulations
issued pursuant to this statute which
35 governing
govern new construction and installation
shall be installed and
36 operated in this state unless
the. If a new boiler or pressure vessel is
of
37 special design or construction
which and the design is
not inconsistent
38 consistent with the spirit and
safety objectives of such rules
this act and
39 rules and regulations,
in which case a special installation and
operating
40 permit may be granted by the
secretary, at his or her discretion an inter-
41 ested party may request a variance from
the secretary to build and operate
42 a nonconforming boiler or pressure
vessel.
43 (b) The maximum
allowable working pressure of a boiler or
pressure
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1 vessel carrying the American
society of mechanical engineers or other
2 approved code symbol shall be
determined by the applicable sections of
3 the code under which it was
constructed and stamped.
4 (c) The maximum
allowable working pressure of a boiler or pressure
5 vessel which does not carry
the American society of mechanical engineers
6 code symbol shall be computed in
accordance with the inspection code
7 of the national board of boiler and
pressure vessel inspectors. If con-
8 structed to a code other than that
of the American society of mechanical
9 engineers, the boiler or pressure
vessel shall be registered with the na-
10 tional board of boiler and pressure
inspectors.
11 (d) This act shall not
be construed as in any way preventing the use,
12 sale or reinstallation of a boiler or
pressure vessel previously installed in
13 this state, provided it has been made to
conform to the rules and regu-
14 lations governing existing installations
and provided it has not been found
15 upon inspection to be in an unsafe
condition.
16 Sec. 6. K.S.A.
44-918 is hereby amended to read as follows: 44-918.
17 (a) The secretary shall appoint a chief
inspector within sixty (60) days
18 after the effective date of this
act and at any time thereafter that the office
19 of the chief inspector may become
vacant. Such chief inspector who shall
20 be a citizen of this state, or, if not
available, a citizen of another state,
21 and who shall have at the time of
appointment not less than five (5)
10
22 years experience in the construction,
installation, inspection, operation,
23 maintenance or repair of high pressure
boilers and pressure vessels as a
24 mechanical engineer, steam operating
engineer, boiler maker or boiler
25 inspector and who shall hold a commission
issued by the national board
26 of boiler and pressure vessel inspectors.
The chief inspector shall be in
27 the unclassified civil service and shall
receive such compensation as pre-
28 scribed by the secretary, subject to the
approval of the governor.
29 (b) The chief
inspector , if authorized by the
secretary, shall serve
30 under the direction of the secretary
and is hereby charged, directed and
31 empowered:
32 (1) To take action
necessary for the enforcement of this act and of
33 the rules and regulations adopted
hereunder;
34 (2) to maintain a
complete record of all boilers and pressure vessels
35 to which this act applies, which record
shall include the name and address
36 of each owner or user and the type,
dimensions, maximum allowable
37 working pressure, age and last recorded
inspection of each such boiler or
38 pressure vessel;
39 (3) to publish and make
available copies of rules and regulations
40 adopted hereunder to any person requesting
them;
41 (4) to issue, or to
suspend or revoke for cause, inspection certificates
42 as provided in K.S.A. 44-924, and
amendments thereto; and
43 (5) to cause the
prosecution of all violators of the provisions of this
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6
1 act or of the rules and regulations
adopted hereunder.
2
Sec. 7. K.S.A. 44-919 is hereby amended to read as
follows: 44-919.
3 The secretary shall employ one or
more deputy inspectors who shall be
4 responsible to the chief inspector.
Each deputy inspector shall have at
5 the time of appointment not less than
three years experience in the con-
6 struction, installation, inspection,
operation, maintenance or repair of
7 high pressure boilers and pressure
vessels as a mechanical engineer, steam
8 operating engineer, boilermaker or
boiler inspector. Deputy inspectors
9 shall be in the unclassified civil
service and shall receive such compen-
10 sation as prescribed by the secretary,
subject to the approval of the gov-
11 ernor.
12 Sec. 8. K.S.A.
44-920 is hereby amended to read as follows: 44-920.
13 (a) In addition to the deputy inspectors
authorized by K.S.A. 44-919, the
14 secretary , upon the
request of any company licensed to insure and insur-
15 ing boilers in this state or of the
Kansas antique engine show safety as-
16 sociation, shall
may issue to any inspectors of such
insurance company or
17 association other
qualified individuals certificates of competency as spe-
18 cial inspectors, provided that each such
inspector shall hold
individual
19 holds a commission issued by the
national board of boiler and pressure
20 vessel inspectors or
shall be approved by the Kansas antique engine show
21 safety association, as the case may
be or is a certified professional engineer
22 currently registered in the
state.
23 (b) Special inspectors
shall receive no salary from, nor shall any of
24 their expenses be paid by, the state, and
the continuance of their certif-
25 icates of competency shall be conditioned
upon their  c/ontinuing in the
26 employ of the boiler insurance
company duly authorized as aforesaid or
27 upon the continuing approval of the
Kansas antique engine show safety
28 association and upon their
maintenance of the standards imposed by this
29 act and by rules and regulations adopted
hereunder.
30 (c) Special inspectors
shall inspect all only those
boilers insured by
31 their respective companies or those
boilers designated by the Kansas an-
32 tique engine show safety
association and, when so inspected,
(tri-stars)e owners
33 and users of such boilers
that their certificate of competency allows them
34 to inspect. All owners of boilers
inspected by a special inspector shall be
35 exempt from the payment to the state of the
inspection fees provided for
36 in subsection (a) of K.S.A. 44-926, and
amendments thereto.
37 Sec. 9. K.S.A.
44-921 is hereby amended to read as follows: 44-921.
38 (a) A special
inspector's certificate of competency may be suspended
by
39 the secretary, after due
investigation, for the incompetence or untrus-
40 tworthiness of the holder thereof
or for willful falsification of any matter
41 or statement contained in such
inspector's application or in a report of
42 any inspection made by such
inspector. Written notice of any such sus-
43 pension shall be given by the
secretary within not more than 10 days
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1 thereof to the inspector and
the inspector's employer.
2 (b) A
person whose certificate of competency has been
suspended
3 shall be entitled to apply,
after 90 days from the date of such suspension,
4 for reinstatement of such
certificate of competency.
5 (c) If the
secretary has reason to believe that an inspector is no
longer
6 qualified to hold a
certificate of competency, the secretary, upon not
less
7 than 15 days' written notice
to the inspector and such inspector's em-
8 ployer, shall hold a hearing
in accordance with the provisions of the Kan-
9 sas administrative procedure
act at which such inspector and such in-
10 spector's employer shall have an
opportunity to be heard. If, as a result
11 of such hearing, the secretary
finds that such inspector is no longer qual-
12 ified to hold a certificate of
competency, the secretary shall thereupon
13 revoke such certificate of
competency.
14 The chief inspector may
suspend or revoke a special inspector's certif-
15 icate of competency for cause, after due
investigation, if the chief inspector
16 finds incompetence, untrustworthiness,
falsification of any matter or
17 statement contained in a special
inspector's application or report, or a
18 failure by the special inspector to
report findings of any inspection made
19 by such inspector to the chief
inspector. Such a suspension or revocation
20 of certificate shall be effective as
soon as notice of the suspension or ter-
21 mination has been delivered to the
special inspector or the inspector's
22 employer.
23 Sec. 10. K.S.A.
44-922 is hereby amended to read as follows: 44-922.
24 If a certificate of competency is lost or
destroyed, a new certificate of
25 competency shall be issued in its place
without another examination. The
26 secretary may charge a fee for a
replacement certificate.
27 Sec. 11. K.S.A.
44-923 is hereby amended to read as follows: 44-923.
28 (a) The secretary, the chief inspector or
any deputy inspector shall have
29 free access, during reasonable hours, to
any premises in the state where
30 a boiler is
boilers and pressure vessels are being operated,
repaired, in-
31 stalled or is
being constructed for use in this state, for the purpose
of
32 ascertaining whether
such boiler is being boilers or
pressure vessels have
33 been constructed and installed in
accordance with the provisions of this
34 act and the rules and regulations
adopted hereunder.
35
(b) Between July 1, 1977, and July 1,
1978, each boiler used or pro-
36 posed to be used within this state,
except for boilers exempt under K.S.A.
37 44-915, which has not received an
internal inspection during the three
38 (3) years immediately preceding
July 1, 1977, shall receive a certificate
39 inspection which shall be an
internal inspection, where construction per-
40 mits, or as complete an inspection
as possible, where construction does
41 not permit internal
inspection.
42 (c)
(b) From and after July 1,
1978, Each boiler used or proposed to
43 be used within this state, except for
boilers exempt under K.S.A. 44-915,
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8
1 and amendments thereto
(owners and users may request to waive
this
2 exemption), shall be
thoroughly inspected as to construction, installation
3 and condition as follows:
4 (1) Power boilers
and high pressure, high temperature water boilers
5 shall receive an annual certificate
inspection which shall be an internal
6 inspection, where construction
permits, or as complete an inspection as
7 possible, where construction does not
permit internal inspection. Such
8 boilers shall also be externally
inspected while under pressure , if
possible.
9 (2) Steam heating
boilers shall receive an annual certificate inspection
10 with an internal inspection every three (3)
years where construction per-
11 mits.
12 (3) All other boilers
subject to this section , except those provided
for
13 in subdivision (4) of this
subsection, shall receive an annual certificate
14 inspection with an internal inspection at
the discretion of the inspector.
15
(4) Boilers utilizing nuclear energy shall
be inspected and reported
16 in such form and with such
appropriate information as the secretary shall
17 designate.
18 (5)
(4) A grace period of two
(2) months beyond the periods
specified
19 in subdivisions (1), (2) and (3) of this
subsection may elapse between
20 certificate inspections.
21
(6) (5) The secretary may
provide, by rules and regulations, for longer
22 periods between certificate
inspections.
23
(d) (c) The inspections
herein required shall be made by the chief
24 inspector, by a deputy inspector or by a
special inspector provided for in
25 this act.
26
(e) (d) If, at the
discretion of the inspector, a
hydrostatic pressure
27 test shall be deemed necessary, it shall be
made by the owner or user of
28 the boiler.
29
(f) (e) All boilers and
pressure vessels, other than cast iron sectional
30 boilers, ø be
installed in this state after the effective date of the first
rules
31 and regulations adopted hereunder
applying to the construction and in-
32 stallation of new boilers
shall be inspected during construction as required
33 by the applicable rules and regulations by
an inspector authorized to in-
34 spect boilers and pressure vessels
in this state, or, if constructed outside
35 of the state, by an inspector holding a
commission issued by the national
36 board of boiler and pressure vessel
inspectors. Boilers and pressure vessels
37 regardless of code of construction shall
be registered with the national
38 board of boiler and pressure vessel
inspectors.
39 (f) Hot water supply
boilers shall receive an external certificate in-
40 spection every three years.
41 (g) Low pressure hot
water supply boilers with a heat input over
42 400,000 BTUH shall receive an annual
external certificate inspection.
43 (h) Hot water supply
boilers over 200,000 BTUH or 120 gallon ca-
HB 2864
9
1 pacity shall be stamped and
registered with the national board of boiler
2 and pressure vessels
inspectors.
3
Sec. 12. K.S.A. 44-924 is hereby amended to read as
follows: 44-924.
4 (a) The chief
inspector, each deputy inspector and each company em-
5 ploying a special inspector,
within thirty (30) days following each certifi-
6 cate inspection made by such
inspector, All inspections made by any
7 inspector shall
file a report of such inspection in
be reported to the office
8 of the chief inspector within 30
days following each certificate inspection
9 upon the appropriate form as
'omulgated by the national board of
boiler
10 and pressure vessel
inspectors approved by the secretary. The filing
of
11 reports of external inspections, other than
certificate inspections, shall
12 not be
required except when whenever
such inspections disclose that the
13 boiler or pressure vessel is in
a dangerous an unsafe
condition.
14 (b) If a report filed
pursuant to subsection (a) of this section shows
15 that a boiler or pressure vessel is
found to comply with the rules and
16 regulations adopted hereunder, the owner or
user thereof shall pay di-
17 rectly to the chief inspector the
certificate fee prescribed by subsection
18 (b) of K.S.A. 44-926, and amendments
thereto, and the chief inspector or
19 the chief inspector's duly authorized
representative shall issue to such
20 owner or user an inspection certificate
bearing the date of inspection and
21 specifying the maximum pressure under which
the boiler or pressure
22 vessel may be operated. Such
inspection certificate shall be valid for not
23 more than fourteen
(14) 14 months from its date. In the case of
those
24 boilers covered by
subdivision (1), (2) or (3) of
subsection (c) (b) of
K.S.A.
25 44-923, and amendments thereto, for
which the secretary has established
26 or extended the operating period between
required inspections pursuant
27 to the provisions of subdivision
(6) (5) of subsection
(c) (b) of K.S.A.
28 44-923, and amendments thereto, the
certificate shall be valid for a period
29 of not more than two
(2) months beyond the period set by
the secretary.
30 Certificates shall be posted under glass,
or similarly protected, in the
31 room containing the boiler or pressure
vessel.
32 (c) No inspection
certificate issued for an insured boiler or pressure
33 vessel based upon a report of a
special inspector shall be valid after the
34 boiler or pressure vessel for which
it was issued shall cease to be insured
35 by a company duly authorized by this state
to provide such insurance,
36 unless another insurance company who
then insures the boiler submits
37 an inspection report to the chief
inspector within 30 days after the pre-
38 vious insurance company cancels the
insurance policy. At the end of the
39 30 days, if the report is not filed, the
chief inspector or deputy inspector
40 may perform a certificate inspection,
and determine whether to issue a
41 new certificate.
42 (d) The
secretary or the secretary's authorized
representative may at
43 any time suspend an inspection
certificate if the boiler for which it was
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10
1 issued chief
inspector or deputy inspector may shut down or suspend the
2 operation of a boiler or pressure
vessel in accordance with the Kansas
3 administrative procedure act if
the chief inspector or deputy inspector
4 finds that the boiler or pressure
vessel cannot be operated without
>=nace
5 to the public safety
an immediate danger to the public health, safety or
6 welfare or
is found not to does not comply
with the rules and regulations
7 adopted hereunder. The suspension
of the inspection certificate or
shut-
8 down of the boiler or pressure
vessel shall continue in effect until
such
9 boiler shall have been made
to conform to the the owner or operator
10 demonstrates that the danger has been
abated and the applicable rules
11 and regulations , and
until said inspection certificate shall have been re-
12 instated have been
complied with. The chief inspector or deputy inspector
13 shall reinspect the boiler or pressure
vessel to ensure it is safe and that
14 applicable rules and regulations have
been complied with, before issuing
15 a permit to restart or resume
operations.
16 Sec. 13. K.S.A.
44-925 is hereby amended to read as follows: 44-925.
17 (a) From and after July
1, 1978, It shall be unlawful for any person, firm,
18 partnership
or, corporation or other
entity to operate in this state a boiler
19 or pressure vessel without a valid
inspection certificate, and the operation
20 of a boiler or pressure vessel
without such inspection certificate or at a
21 pressure exceeding that specified in such
inspection certificate shall con-
22 stitute a class C misdemeanor. Each day of
such unlawful operation shall
23 be deemed a separate offense.
24 (b) It shall be unlawful
for any person, firm, partnership
or, corpo-
25 ration or other entity to install or
operate any boiler or pressure vessel in
26 this state or to construct any boiler or
pressure vessel for use in this state
27 in violation of this act or the rules and
regulations adopted hereunder,
28 and any such unlawful installation,
operation or construction shall con-
29 stitute a class C misdemeanor. Each day of
unlawful installation, operation
30 or construction shall be deemed a separate
offense.
31 Sec. 14. K.S.A.
44-926 is hereby amended to read as follows: 44-926.
32 (a) The owner or user of a boiler or
pressure vessel required by this act
33 to be inspected by the chief inspector or a
deputy inspector shall pay
34 directly to the chief inspector, upon
completion of inspection, inspection
35 fees fixed by the secretary in accordance
with this subsection (a). The
36 secretary shall fix annually, by rules and
regulations, a schedule of fees
37 for inspections of boilers and pressure
vessels by state inspectors and may
38 fix different fees for inspection of
boilers and pressure vessels in the var-
39 ious categories. Such fees shall not
exceed $250 . per day for each
boiler
40 or pressure vessel
inspected , Subject to this limitation, the
secretary may
41 establish, by rules and
regulations, different categories of boilers to be
42 inspected and may fix, by rules and
regulations, different fees for the
43 inspection of boilers in the
various categories.
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11
1 (b) The owner or
user of a boiler or pressure vessel for which an
2 inspection certificate is to be
issued pursuant to subsection (b) of K.S.A.
3 44-924, and amendments
thereto, shall pay directly to the chief inspector,
4 before issuance of such certificate,
a certificate fee fixed by the secretary
5 by rules and regulations of not to
exceed $25.
6 (c) There is
hereby created in the state treasury the boiler inspection
7 fee fund. The chief inspector shall
pay daily to the secretary all
moneys
8 inspection fees received
from the fees established hereunder,
and the
9 secretary shall remit all
such moneys inspection fees to
the state treasurer
10 at least monthly. Upon receipt of any such
remittance, the state treasurer
11 shall deposit the entire amount thereof in
the state treasury. Twenty per-
12 cent of each
such deposit inspection fees
shall be credited to the state
13 general fund and the balance shall be
credited to the boiler inspection
14 fee fund. All expenditures from the boiler
inspection fee fund shall be
15 made in accordance with appropriation acts
upon warrants of the director
16 of accounts and reports issued pursuant to
vouchers approved by the
17 secretary of human resources or by a person
or persons designated by
18 the secretary.
19
(d) The fees established by this section
immediately prior to the ef-
20 fective date of this act shall
continue in effect until different fees are fixed
21 by the secretary by rules and
regulations as provided under this section.
22 Sec. 15. K.S.A.
44-928 is hereby amended to read as follows: 44-928.
23 (a) Any person aggrieved by any act or
determination of the secretary or
24 of the chief inspector, performed or made
pursuant to the provisions of
25 this act, or rules and regulations adopted
hereunder, may request a hear-
26 ing thereon. Such hearing shall be
conducted by the secretary or the
27 secretary's designee in accordance
with the provisions of the Kansas ad-
28 ministrative procedure act.
The secretary shall render an order
approving,
29 disapproving or modifying the
original act or determination.
30 (b) Any action of the
secretary pursuant to subsection (a)
this act is
31 subject to review in accordance with the
act for judicial review and civil
32 enforcement of agency actions.
33 Sec. 16. K.S.A.
44-929 is hereby amended to read as follows: 44-929.
34 No city, county or other political
subdivision of this state shall have the
35 power to make any laws, ordinances or
resolutions providing for the con-
36 struction, installation, inspection,
maintenance and repair of boilers
37 within the limits of such city, county or
political subdivision, and any such
38 laws, ordinances or resolutions heretofore
made or passed shall be void
39 and of no effect.
40 The
secretary or the chief inspector, if authorized by the secretary,
may
41 delegate to any city such authority
as is necessary, or contract with any
42 city, to provide for the
enforcement of laws pertaining to the construction,
43 installation, inspection,
maintenance and repair of boilers within the limits
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12
1 of any such
city.
2
Sec. 17. K.S.A. 44-913, 44-914, 44-915, 44-916, 44-917,
44-918, 44-
3 919, 44-920, 44-921, 44-922, 44-923,
44-924, 44-925, 44-926, 44-928 and
4 44-929 are hereby repealed.
5 Sec. 18. This
act shall take effect and be in force from and after its
6 publication in the statute book.
7
8