Oklahoma § 40-141.3 - Rules and regulations - Formulation - Promulgation

§ 40-141.3. Rules and regulations - Formulation - Promulgation

A. Formulation. The Commissioner of Labor shall formulate and

adopt definitions, rules and regulations for the safe construction,

installation, inspection, operation, maintenance and repair of

boilers and pressure vessels in this state.

1. The definitions, rules and regulations so formulated for new

construction shall be based upon and follow generally accepted

national engineering standards, formula and practices related to

boiler and pressure vessel construction and safety. The

Commissioner of Labor may adopt an existing American National

Standard known as the Boiler and Pressure Code of the American

Society of Mechanical Engineers, with the addenda and code cases,

and may also adopt subsequent revisions in the form of addenda and

code cases of that standard provided such revisions are acceptable

to the Commissioner. When so adopted, the same shall be deemed

incorporated into, and to constitute a part of the whole of the

definitions, rules and regulations of the Commissioner of Labor;

2. The Commissioner of Labor shall formulate rules and

regulations to ensure that boiler and pressure vessel manufacturers,

jobbers, dealers or individuals selling, renting or leasing or

offering for sale, rent or lease or operation, any boiler or

pressure vessel which is within the scope of this act meets the

Oklahoma Statutes - Title 40. Labor

requirements of this act, rules and regulations hereinafter adopted.

Any manufacturer, jobber, dealer or individual found to be in

violation of this section shall be subject to any current penalty as

herein provided;

3. The Commissioner of Labor shall formulate rules and

regulations which may permit the use of boilers and pressure vessels

which were in operation in this state prior to the date upon which

the first rules and regulations under this act pertaining to

existing installations become effective, or during the twelve-month

period immediately thereafter; and

4. The rules for inspection, maintenance and repair of

installed boilers and pressure vessels shall be based upon and

follow generally accepted national standards as promulgated by the

National Board of Boiler and Pressure Vessel Inspectors or by the

American Petroleum Institute Pressure Vessel Inspection Code as a

minimum as relates to boiler and pressure vessels.

B. Promulgation. The rules and regulations and any subsequent

amendments thereto formulated or adopted by the Commissioner of

Labor shall be adopted in accordance with the Oklahoma

Administrative Procedures Act, except that the rules applying to the

construction of new boilers and pressure vessels shall not become

mandatory until six (6) months after their promulgation by the

Commissioner.

Added by Laws 1982, c. 252, § 3.