Oklahoma § 40-141.9 - Certificates of competency designating special

§ 40-141.9. Certificates of competency designating special

inspectors and owner-user inspectors of boiler and pressure vessels

– Exemption from liability.

A. 1. Certificates of competency designating special

inspectors of boilers and pressure vessels shall be issued by the

Commissioner upon request of any authorized inspection agency, which

has been licensed or registered by the appropriate authority of this

state. All such authorized inspection agencies shall provide boiler

and pressure vessel insurance coverage and be actively engaged in

writing this type coverage in this state.

2. Before receiving a certificate of competency, each inspector

shall receive a passing grade on the examination provided for by

Section 141.10 of this title, or shall hold a commission or

certificate of competency as an inspector of boilers or pressure

vessels from a state that has a standard of examination equal to

that of this state, or a commission as an inspector of boilers and

pressure vessels issued by the National Board of Boiler and Pressure

Vessel Inspectors.

3. Special inspectors shall not receive any salary or expenses

from this state, and a certificate of competency shall be valid only

as long as such special inspectors are in full-time employment of an

authorized inspection agency.

4. Special inspectors may inspect all boilers and pressure

vessels insured by their respective authorized inspection agency.

5. The inspections required pursuant to the Boiler and Pressure

Vessel Safety Act that are conducted incidental to the issuance or

renewal of boiler and machinery insurance shall not subject an

insurer, whether domestic or foreign, its agents or its employees to

liability for damages for any act or omission in the course of

performing inspections as provided by this section. This section

shall not apply if the gross negligence of the insurer, its agent or

its employee created the condition that was the proximate cause of

the injury, death or loss.

6. The insurance company shall apply on or before January 31 of

each year for renewal of certificates of competency for each special

Oklahoma Statutes - Title 40. Labor

inspector employed who inspects boilers and pressure vessels insured

in this state. The fee must accompany application.

B. 1. Certificates of competency designating owner-user

inspectors of boilers or pressure vessels or both shall be issued by

the Commissioner upon request of any company operating boilers or

pressure vessels or both in this state. The owner-user shall

maintain a regularly established inspection department which is

under the supervision of one or more technically competent

individuals whose qualifications and whose organization and

inspection procedures are in accordance with paragraph 4 of

subsection A of Section 141.3 of this title and acceptable to the

Commissioner of Labor. Boilers and pressure vessels shall be

inspected regularly and in accordance with applicable provisions of

the rules and regulations adopted by the Commissioner pursuant to

this act.

2. Before receiving a certificate of competency, each inspector

shall attain a passing grade on the examination provided for by

Section 141.10 of this title, or shall hold a certificate of

competency as an inspector from a state that has a standard of

examination equal to that of this state, or who holds a valid

commission issued in accordance with the constitution and bylaws of

the National Board of Boiler and Pressure Vessel Inspectors.

3. A certificate of competency as an owner-user inspector shall

be issued only if, in addition to meeting the requirements in

paragraph 2 of this subsection, the inspector is continuously

employed by the company and is responsible for making inspection of

boilers and pressure vessels used by such company.

4. Owner-user inspectors shall not receive any salary or

expenses from this state and a certificate of competency shall be

valid only as long as such owner-user inspector is employed full

time by a qualified owner-user inspection agency, in accordance with

the applicable provisions of the rules and regulations adopted

pursuant to this act.

5. The owner-user inspection agency will apply on or before

January 31 of each year for renewal of competency for each owneruser inspector employed in this state. The fee must accompany

application.

6. Such owner-user inspectors may inspect all pressure vessels

operated by their respective companies and, when so inspected, the

owners and users of such pressure vessels shall be exempt from the

payment to the state of the inspection fees provided for in Section

141.16 of this title.

Added by Laws 1982, c. 252, § 9. Amended by Laws 2018, c. 82, § 1,

eff. Nov. 1, 2018.