North Carolina § 95-69 - 11. Powers and duties of Commissioner.

§ 95-69. 11. Powers and duties of Commissioner.

The Commissioner of Labor is hereby charged, directed, and empowered: To adopt, modify, or revoke rules governing the construction, operation, and use of boilers and pressure vessels, including, where necessary, requirements for fencing to prevent unauthorized persons from coming in contact with boilers and pressure vessels or the systems they are connected to. To delegate to the Chief Inspector any powers, duties, and responsibilities that the Commissioner determines will best serve the public interest in the safe operation of boilers and pressure vessels, and to supervise the Chief Inspector in the performance of those duties. To enforce rules adopted under authority of this Article. To inspect boilers and pressure vessels covered under this Article. To issue inspection certificates to those boilers and pressure vessels found in compliance with this Article. To enjoin violations of this Article in the civil and criminal courts of this State. To keep adequate records of the type, dimensions, age, conditions, pressure allowed upon, location, and date of the last inspection of all boilers and pressure vessels to which this Article applies. To require such periodic reports from inspectors, owners, and operators of boilers and pressure vessels as he deems appropriate in carrying out the purposes of this Article. To have free access, without notice, to any location in this State, during reasonable hours, where a boiler or pressure vessel is being built, installed, or operated for the purpose of ascertaining whether such boiler or pressure vessel is built, installed, or operated in accordance with the provisions of this Article. To investigate serious accidents involving boilers and pressure vessels to determine the causes of the accidents, and to have full subpoena powers in conducting the investigation. To establish reasonable fees for the inspection and issuance of inspection certificates for boilers and pressure vessels that are in use. To establish reasonable fees for the examination and certification of inspectors. Repealed by Session Laws 2015-221, s. 1.3, effective August 18, 2015. To perform inspections and audits relating to the construction and repair of boilers and pressure vessels and to establish and collect fees for these activities. To order the payment of civil penalties provided by this section. To require that before any boiler or pressure vessel that is subject to this Article is transferred into the State, or is moved from one location to another within the State, the owner or the owner's authorized agent shall file with the Commissioner a written notice of intent to do so and the type of device involved and provide a copy of the specifications, previous inspection documents, or other information that the Commissioner deems necessary to determine whether the boiler or pressure vessel is in compliance with the provisions of this Article and the rules adopted under this Article. To grant exceptions from the requirements of the rules and regulations adopted under authority of this Article and to permit the use of other devices when such exceptions and uses will not expose the public to an unsafe condition likely to result in serious personal injury or property damage. To devise and proctor examinations covering this Article and the rules adopted under this Article to applicants seeking a commission as inspectors of boilers and pressure vessels in this State. To act as proctors during the administration of the National Board commissioning examination. To issue, suspend, or revoke inspector's commissions as inspectors of boilers and pressure vessels within this State. Whenever action is taken under this section to suspend or revoke a commission, the affected party shall be given notice of the availability of an administrative hearing and of judicial review in accordance with Chapter 150B of the General Statutes, the Administrative Procedure Act. History (1975, c. 895, s. 4; 1985, c. 620, s. 3; 1993, c. 351, s. 3; 2005-453, s. 3; 2011-366, s. 4; 2015-221, s. 1.3.) Effect of Amendments. - Session Laws 2005-453, s. 3, effective October 1, 2005, rewrote subdivision (2); and added subdivisions (15) and (16). Session Laws 2011-366, s. 4, effective June 27, 2011, added subdivision (17). Session Laws 2015-221, s. 1.3, effective August 18, 2015, deleted former subdivision (13) and added subdivisions (18) through (20).