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44-924. Same; report by inspector; inspection certificate period of validity; revocation or suspension. (a) All inspections made by any inspector shall be reported to the office of the state fire marshal within 30 days following each certificate inspection upon the appropriate form as approved by the state fire marshal. The filing of reports of external inspections, other than certificate inspections, shall be required whenever such inspections disclose that the boiler or pressure vessel is in an unsafe condition.

(b) If a report filed pursuant to subsection (a) of this section shows that a boiler or pressure vessel is found to comply with the rules and regulations adopted hereunder, the owner or user thereof shall pay directly to the office of the state fire marshal the certificate fee prescribed by subsection (b) of K.S.A. 44-926, and amendments thereto, and the state fire marshal or the state fire marshal's duly authorized representative shall issue to such owner or user an inspection certificate bearing the date of inspection and specifying the maximum pressure under which the boiler or pressure vessel may be operated. Such boiler inspection certificate shall be valid for not more than 14 months from its date unless covered by a variance. In the case of those boilers covered by subsection (b) of K.S.A. 44-923, and amendments thereto, for which the state fire marshal has established or extended the operating period between required inspections pursuant to the provisions of subsection (b)(5) of K.S.A. 44-923, and amendments thereto, the certificate shall be valid for a period of not more than two months beyond the period set by the state fire marshal. Certificates shall be maintained on site and available upon request of the state fire marshal, chief inspector or any deputy inspector.

(c) Whenever a boiler becomes uninsured or there is a change of insurers, the owner or new insurer must notify the office of the state fire marshal within 30 days.

(d) The state fire marshal, chief inspector and any deputy inspector are authorized to order the revocation or suspension of any certificate issued pursuant to this act, and order any owner, operator or resident agent of an owner to cease and desist operation of any boiler or pressure vessel subject to this act for failure to comply with any of the provisions of this act or any rules and regulations promulgated under the authority of this act. The state fire marshal, chief inspector and any deputy inspector are further authorized to order any owner, operator or resident agent of an owner to cease and desist operation of any boiler or pressure vessel subject to this act if the state fire marshal, chief inspector or deputy inspector finds that such boiler or pressure vessel does not have a certificate as required by this act, or finds that such boiler or pressure vessel cannot be operated without an immediate danger to the public health, safety or welfare.

(e) An order revoking or suspending a certificate or any cease and desist order shall continue in effect until the owner or operator demonstrates that any danger has been abated and the applicable rules and regulations have been complied with. The state fire marshal, chief inspector or any deputy inspector shall reinspect the boiler or pressure vessel to ensure that it is safe to operate and that all applicable rules and regulations have been complied with before issuing or reinstating a certificate to operate the boiler or pressure vessel.

History: L. 1977, ch. 172, § 12; L. 1998, ch. 67, § 12; L. 2013, ch. 44, § 15; July 1.


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