                                 CODE OF VIRGINIA

RIGHT OF ACCESS TO PREMISES; CERTIFICATION AND RECERTIFICATION; INSPECTION
REQUIREMENTS (§ 40.1-51.10)

A. The Commissioner, his agents or special inspectors shall have free access,
during reasonable hours to any premises in the Commonwealth where a boiler or
pressure vessel is being constructed, operated or maintained, or is being
installed to conduct a variance review, an owner-user inspection agency audit,
an emergency repair review, an accident investigation, a violation follow-up,
and a secondhand or used boiler review for the purpose of ascertaining whether
such boiler or pressure vessel is being constructed, operated or maintained in
accordance with this chapter.

B. On and after January 1, 1973, no boiler or pressure vessel used or proposed
to be used within this Commonwealth, except boilers or pressure vessels exempted
by this chapter, shall be installed, operated or maintained unless it has been
inspected by the Commissioner, his agents or special inspectors as to
construction, installation and condition and shall be certified. A fee as set
under subsection A of &#xA7; 40.1-51.15 shall be charged for each inspection
certificate issued. In lieu of such fees both for certification and
recertification, an authorized owner-user inspection agency shall be charged
annual filing fees as set under subsection A of &#xA7; 40.1-51.15.

C. Recertification shall be required as follows:

   1. Power boilers and high pressure, high temperature water boilers shall
   receive a certificate inspection annually and shall also be externally
   inspected annually while under pressure if possible;

   2. Heating boilers shall receive a certificate inspection biennially;

   3. Pressure vessels subject to internal corrosion shall receive a certificate
   inspection biennially;

   4. Pressure vessels not subject to internal corrosion shall receive a
   certificate inspection at intervals set by the Board, but internal inspection
   shall not be required of pressure vessels, the content of which are known to
   be noncorrosive to the material of which the shell, heads or fittings are
   constructed, either from the chemical composition of the contents or from
   evidence that the contents are adequately treated with a corrosion inhibitor,
   provided that such vessels are constructed in accordance with the rules and
   regulations of the Board;

   5. Nuclear vessels within the scope of this chapter shall be inspected and
   reported in such form and with such appropriate information as the Board shall
   designate;

   6. A grace period of two months beyond the periods specified in subdivisions
   1, 2, 3 and 4 of this subsection may elapse between certificate inspections.
   The Chief Inspector may extend a certificate for up to three additional months
   beyond such grace period subject to a satisfactory external inspection of the
   object and receipt of a fee as set under subsection A of &#xA7; 40.1-51.15 for
   each month of inspection beyond the grace period.

D. Inspection requirements for operating equipment shall be in accordance with
generally accepted practice and compatible with the actual service conditions
and shall include but not be limited to the following criteria:

   1. Previous experience, based on records of inspection, performance and
   maintenance;

   2. Location, with respect to personnel hazard;

   3. Qualifications and competency of inspection and operating personnel;

   4. Provision for related safe operation controls; and

   5. Interrelation with other operations outside of the scope of this chapter.

E. Based upon documentation of such actual service conditions by the owner or
user of the operating equipment, the Board may, in its discretion, permit
variations in the inspection requirements as provided in this section.

F. If, at the discretion of the Commissioner, a hydrostatic test shall be deemed
necessary, it shall be made by the owner or user of the boiler or pressure
vessel.

G. All boilers, other than cast iron sectional boilers, and pressure vessels to
be installed in this Commonwealth after the six-month period from the date upon
which the rules and regulations of the Board shall become effective shall be
inspected during construction as required by the applicable rules and
regulations of the Board.

H. Ninety-one days after expiration of a certificate for any boiler or pressure
vessel subject to this section, the Commissioner may assign an agent or special
inspector to inspect such boiler or pressure vessel, and its owner or operator
shall be assessed a fee for such inspection. The fee shall be established in
accordance with subsection A of &#xA7; 40.1-51.15.

HISTORY: 1972, c. 237; 1974, c. 195; 1976, c. 288; 1986, c. 266; 1988, c. 289;
1992, c. 3; 1993, c. 544; 1995, c. 97; 1997, c. 212; 2005, c. 387.