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Boiler Safety

Ark. Code Ann. tit. 20, ch. 23
in effect

Ark. Code Ann. § 20-23-101 Definitions.

As used in this chapter: (1) “Boiler” or “boilers” means any boiler or like vessel or container in which water is heated or steam is generated by the application of heat and includes: (A) Steam boilers that generate steam under pressure and include: (i) High pressure steam boilers that generate steam under pressure more than fifteen pounds per square inch gauge (15 psig); and (ii) Low pressure steam heating boilers that generate steam at fifteen pounds per square inch gauge (15 psig) or less for heating purposes; (B) Hot water heating boilers that heat water for the external use of heating any area or building; and (C) Hot water heaters that are used for heating water for external use; (2) “Horsepower” means the evaporation of thirty-four and five-tenths pounds (34.5 lbs.) of water from a temperature of two hundred twelve degrees Fahrenheit (212° F) into steam at two hundred twelve degrees Fahrenheit (212° F) at fourteen and seven-tenths pounds per square inch absolute (14.7 psia); (3) “Internal” and “external” inspection means a thorough and proper inspection as provided for in the rules by the Boiler Inspection Section; (4)(A) “Pressure piping” means power piping systems and their component parts within or forming a part of the pressure piping system connected to any boiler or unfired pressure vessel covered by the provisions of this chapter. (B) This includes only boiler external piping for power boilers and high-temperature, high pressure water boilers in which: (i) Steam or vapor is generated at a pressure of more than fifteen pounds per square inch gauge (15 psig); and (ii) High-temperature water is generated at pressures exceeding one hundred sixty pounds per square inch gauge (160 psig) and temperatures exceeding two hundred fifty degrees Fahrenheit (250° F) or one hundred twenty degrees Centigrade (120° C), or both. (C) Boiler external piping shall be considered as that piping which begins where the boiler proper terminates at: (i) The first circumferential joint for welding end connections; (ii) The face of the first flange in bolted flanged connections; or (iii) The first threaded joint in that type of connection and which extends up to and includes the valve or valves required by rule; (5) “Pressure vessel” means any unfired pressure vessel constructed for the accumulation, storage, or transportation of air, liquids, or gases that are under induced pressure; and (6) “PSIG” means pounds per square inch gauge pressure.

Ark. Code Ann. § 20-23-102 Exceptions.

(a) The provisions of this chapter shall not apply to: (1) Inspection and installation permit requirements on air storage vessels located in service stations and garages; (2) Air tanks of twelve gallons (12 gals.) or less containing one hundred fifty pounds per square inch (150 psi) or less; (3) Boilers and unfired pressure vessels which are under the inspection regulations of the United States Surface Transportation Board; (4) Boilers and unfired pressure vessels used for domestic purposes in private residences and apartment houses of eight (8) or fewer apartments; (5) Unfired pressure vessels, other than air tanks or vessels listed in subdivisions (a)(1)-(4) of this section, where the maximum allowable working pressure is fifteen pounds per square inch (15 psi) or less or a volume of five cubic feet (5 cu. ft.) or less, coil-type steam generators without accumulative drum, or vessels used in connection with or the storage of liquefied petroleum gases. However, all such unfired pressure vessels shall be constructed in compliance with the appropriate regulations, or rules applicable thereto; (6) Hot water heaters under two hundred thousand British thermal units (200,000 Btu), except those heaters located in hospitals, schools, day care centers, and nursing homes; (7) Hot water supply storage tanks which are heated by steam or any other direct or indirect means when heat input is less than two hundred thousand British thermal units per hour (200,000 Btu/hr.), when water temperature is less than two hundred ten degrees Fahrenheit (210° F), and when the vessel has a nominal water-containing capacity of less than one hundred twenty gallons (120 gals.); (8) Pressure vessels which are an integral part of: (A) Components of rotating or reciprocating mechanical devices and hydraulic or pneumatic cylinders where the primary design considerations and stress are derived from the functional requirements of the device; or (B) The structure and have a primary function of transporting fluids from one (1) location to another within a system; and (9) Vessels with a nominal water-containing capacity of one hundred twenty gallons (120 gals.) or less for containing water under pressure, including those containing air, the compression of which serves only as a cushion. (b) This chapter shall not apply to inspection, installation permit requirements, or regulation of boilers and unfired pressure vessels used in connection with the production, distribution, storage, or transmission of oil, natural gas, or casinghead gas.

Ark. Code Ann. § 20-23-103 Enforcement.

(a) The criminal penalties provided by this chapter shall be enforced by the prosecuting attorney of each judicial district. The administrative penalties provided by this chapter shall be imposed pursuant to rules of the Secretary of the Department of Labor and Licensing or his or her designee. (b) The secretary or his or her designee may collect an administrative penalty imposed pursuant to this chapter in a civil action in a court of competent jurisdiction, and he or she shall not be required to pay costs or to enter a bond for payment of costs.

Ark. Code Ann. § 20-23-203 Chief inspector's duty to inspect and enforce.

(a) The Chief Inspector of the Boiler Inspection Division, either personally or by a deputy inspector, shall carefully: (1)(A) Unless the chief inspector grants an extension of time for good cause, inspect internally and externally one (1) time annually every high pressure steam boiler and steam generating apparatus. (B) An extension of time under subdivision (a)(1)(A) of this section: (i) Shall not exceed six (6) months; and (ii) Shall cause the time period for the next annual inspection to begin on the day following the date of the inspection that was extended; (2) Inspect externally one (1) time annually and internally one (1) time every three (3) years every low pressure steam heating boiler to the extent permitted by the design and construction of the boiler; (3) Inspect one (1) time biennially every unfired pressure vessel located in this state that is not excepted from the inspections by this chapter; and (4) Give the owner or operator of the boiler notice of the time when an internal inspection will be made. (b) The chief inspector shall have free access at all reasonable times for himself or herself and his or her deputies to any premises in this state where a boiler or pressure piping is being built or where a boiler or pressure piping or power plant apparatus is being installed or operated, for the purpose of ascertaining whether the boiler or piping or apparatus is built, installed, and fitted with the necessary appliances and operated in accordance with this chapter and the rules adopted pursuant to this chapter. (c)(1) The chief inspector shall enforce the laws of the state governing the use of boilers and unfired pressure vessels. He or she shall examine into and report to the Secretary of the Department of Labor and Licensing or his or her designee the causes of boiler explosions which occur within the state. (2) He or she shall keep in his or her office a complete and accurate record of the names of all owners or operators of boilers inspected by the Boiler Inspection Section, together with the location, make, type, dimensions, age, condition, pressure allowed upon, and date of the last inspection of all boilers and shall make an annual report thereon to the secretary or his or her designee. (d)(1) Subject to the requirements of this subsection and the time restriction under subdivision (a)(1)(B)(i) of this section, the chief inspector may, for good cause, extend the date of a boiler inspection upon receipt of the applicable boiler inspection fee. (2) At the time of the inspection under an extension granted under this section: (A) An additional fee equal to the amount of the applicable boiler inspection fee shall be paid to the chief inspector; and (B) The time period for the next inspection shall commence.

Ark. Code Ann. § 20-23-302 Report by manufacturer, owner, and user.

(a) Every manufacturer, owner, or user of a boiler or unfired pressure vessel in use or to be used in any part of the state and subject to inspection by the Boiler Inspection Section, as provided by this chapter, shall report to the Boiler Inspection Section the location of the boiler or unfired pressure vessel at such times and in such manner and form as may be determined by the rules of the Boiler Inspection Section. (b) Any owner, user, or agent of the owner of any boiler or unfired pressure vessel subject to inspection by the Boiler Inspection Section, as provided in this chapter, who shall fail to report its location to the Boiler Inspection Section shall be subject to an administrative fine of not less than one hundred dollars ($100).

Ark. Code Ann. § 20-23-303 Hydrostatic pressure testing.

(a) Boilers and pressure vessels may be tested by hydrostatic pressure one-quarter (¼) greater than the maximum allowable working pressure when in the judgment of the inspector such a test is necessary to ascertain the true condition of the boiler. (b) All boilers to be tested by hydrostatic pressure shall be filled with water at no less than ambient temperature but in no case less than seventy degrees Fahrenheit (70° F). The metal temperature shall not exceed one hundred twenty degrees Fahrenheit (120° F) during the final examination. (c) The responsibility for hydrostatic testing shall be that of the owner.

Ark. Code Ann. § 20-23-304 Failure to make ready for inspection.

Any owner, user, or agent of the owner of any boiler subject to inspection by the Boiler Inspection Section who shall fail to have a boiler ready for inspection after due notice as provided in this chapter shall pay to the Boiler Inspection Section the inspection fee provided by this subchapter and shall be subject to an administrative fine of any sum not less than ten dollars ($10.00).

Ark. Code Ann. § 20-23-305 Special inspection.

(a) If at any time the owner, user, or agent of the owner of any boiler within the state shall desire a special inspection of any boiler, it shall be made by the Boiler Inspection Section after due request thereof. (b) The inspector making the inspection shall collect a fee of one hundred dollars ($100) .

Ark. Code Ann. § 20-23-306 Issuance.

(a)(1) Upon receipt by the Boiler Inspection Section of an annual or biennial certificate report of inspection from a state inspector or from an inspector employed by an insurance company that a boiler or pressure vessel is in safe working condition with the required fittings, valves, and appliances properly installed and set, the Secretary of the Department of Labor and Licensing or his or her designee shall issue to the owner of the boiler or pressure vessel a certificate of inspection. (2) The certificate of inspection shall be issued upon payment of a fee of fifteen dollars ($15.00) in cases of all boilers other than unfired pressure vessels and a fee of thirty dollars ($30.00) in cases of unfired pressure vessels. (3) The certificate of inspection shall state the maximum pressure at which the boiler or pressure vessel may be operated as may be determined by the rules adopted by the Boiler Inspection Section, as provided in this chapter. (b) Upon receipt of a certificate of inspection under subsection (a) of this section, unless the certificate of inspection is withdrawn or suspended, the owner or user may operate boilers: (1) Other than unfired pressure vessels described in the certificate for one (1) year from the date of annual inspection plus any extension granted under § 20-23-203(a) of the time for the next annual inspection; and (2) That are unfired pressure vessels for two (2) years from the date of biennial inspection. (c) Any owner or operator of a boiler or pressure vessel who is dissatisfied with the result of an inspection made by an inspector employed by an insurance company may appeal to the Chief Inspector of the Boiler Inspection Section, who shall cause a special investigation to be conducted and, upon the report of the inspection, shall render his or her decision, the decision to be final.

Ark. Code Ann. § 20-23-307 New boilers and unfired pressure vessels – Permit required.

(a) Every manufacturer, contractor, jobber, owner, or user of a boiler or unfired pressure vessel or pressure piping system shall obtain a permit from the Boiler Inspection Section before any boiler or unfired pressure vessel or pressure piping system may be installed or moved and installed in the State of Arkansas. (b) When new boilers or unfired pressure vessels are to be installed, the manufacturer's data report for each boiler and unfired pressure vessel shall be submitted with the application for installation. (c) No boiler or unfired pressure vessel or pressure piping may be installed without approval from the Boiler Inspection Section.

Ark. Code Ann. § 20-23-308 New boilers and unfired pressure vessels – Fees.

(a) The following fees shall be paid before permits may be issued for the installation of any boiler or unfired pressure vessel: (1) Boilers: (A) Up to 200 horsepower, incl. $25.00 (B) Over 200 horsepower $45.00 (2) Unfired pressure vessels, including hot water storage containers $30.00 (b) The fee paid for the issuance of a permit for the installation of pressure piping shall be one hundred dollars ($100).

Ark. Code Ann. § 20-23-309 New boilers and unfired pressure vessels — Penalty.

Every manufacturer, jobber, dealer, or individual selling or offering for sale or operating any boiler or unfired pressure vessel or installing any pressure piping that does not meet the requirements of the rules adopted under this chapter shall be guilty of a felony and upon conviction shall be fined not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) and in addition may be imprisoned for not more than three (3) years, or both.

Ark. Code Ann. § 20-23-310 Suspension.

(a)(1) The Chief Inspector of the Boiler Inspection Section or his or her authorized representative may at any time suspend an inspection certificate when in his or her opinion the boiler or unfired pressure vessel for which it was issued cannot be operated without menace to the public safety or when the boiler or unfired pressure vessel is found not to comply with the rules provided in this subchapter. (2) Any insurance company inspector or inspection service provider who has been issued an Arkansas commission and is inspecting boilers or pressure vessels in this state shall have corresponding powers with respect to operating certificates for boilers or pressure vessels insured by the company employing him or her. (3) The suspension of an operating certificate shall continue in effect until the boiler or pressure vessel shall have been made to conform to the rules of the Boiler Inspection Section and until the operating certificate shall have been reinstated. (b) Any inspector of the Boiler Inspection Section or any commissioned inspector of any insurance company or inspection service provider who after inspection of a boiler or unfired pressure vessel shall find it unsafe for operation shall suspend its certificate of inspection and forbid its further use until it shall have been made to conform to the standards adopted by the Boiler Inspection Section and until its certificate of inspection shall have been reinstated by an authorized inspector.

Ark. Code Ann. § 20-23-312 Inspection fees – Collection.

(a)(1) In addition to other remedies provided for by this chapter, if after the making of any inspection or accrual of any charge or penalty required or authorized by this chapter, the fee, penalty, or charge is not paid within thirty (30) days after demand upon whoever is liable therefor, the Secretary of the Department of Labor and Licensing or his or her designee may employ an attorney, who is empowered without payment of costs or giving of bond for costs to institute suit in the name of the State of Arkansas in any court of competent jurisdiction to collect the fees, penalties, costs, and charges. (2)(A) The court where suit is brought pursuant to subdivision (a)(1) of this section for collection of fees, penalties, and charges shall, without limitation, based on the actual amount of the judgment award an attorney's fee equal to the actual cost to the Department of Labor and Licensing or the Boiler Inspection Section for the regular hourly rate of pay of the attorney multiplied by the actual hours, including, but not limited to, travel time, litigation, and case review. (B) Furthermore, the court shall award, without limitation, based on the actual amount of the judgment an amount equal to all costs incurred by the department or the Boiler Inspection Section, including, but not limited to, travel costs, witness fees, sheriff's service fees, or costs incurred pursuant to the collection of any judgment obtained by the department or the Boiler Inspection Section. (b)(1) The plaintiff in the suits is given a lien upon the boiler and all parts, connections, and attachments thereto, whether attached to the land or not, to accrue the payment of the inspection fees for making the inspection. (2) The lien shall attach to the property at the time of making the inspection and shall continue until all inspection fees are paid. (3) The lien, when it so attaches, shall be held to be prior, paramount, and superior to the liens, claims, and demands of all persons whomsoever, whether owners, agents, mortgagees, trustees, and beneficiaries under trusts or owners whether prior in time or not.

Ark. Code Ann. § 20-23-313 Inspection fees — Hearing — Judgment.

(a) The plaintiff shall file notice of the lien with the clerk of the circuit court of the county in which the property is located within ninety (90) days after the date of the inspection of the property, in the form and manner substantially the same as mechanics' liens are now filed. The notices when so filed shall be docketed and placed on file as mechanics' liens are now docketed and kept on file. (b) If the fees are not paid within sixty (60) days after filing of the notice, the plaintiff shall institute a suit to foreclose the lien upon this property in the circuit court of the county in which the lien is filed. The suit shall be filed against the person causing the inspection to be made or claiming as interest at the time the inspection is made. It shall also name such other persons as it may believe to be interested in the property, as owners, mortgagees, or otherwise, make them defendants in the action, and cause service of process, in the manner and form as now provided by law in mechanics' liens cases, to be served upon defendants. (c)(1) The suits shall be given speedy trial, and the judgment, if for the plaintiff, shall be that the plaintiff recover against the property and those found to be interested therein, the amount of the inspection fees, together with interest, cost of suit, and reasonable attorney's fees to be taxed as costs by the court. (2) If the cause is appealed to a higher court, then a similar fee shall be taxed as costs by the court hearing the appeal if the plaintiff shall prevail therein. (d)(1) In its judgment, the court also shall order the property sold to satisfy the lien, judgment, and costs and shall order execution against the defendants against whom judgment is rendered in addition thereto for payment of any judgment and costs over the amount the property may bring at sale. (2) The sale shall be had and conducted in accordance with other judicial sales, as may be directed by the court in which the foreclosure proceedings are conducted. (3) Out of the proceeds of the sale shall be paid the judgment, costs, interest, and expenses of the sale, as in other foreclosure cases. The remainder is to be paid over to the persons decreed by the court to be rightfully entitled to it.

Ark. Code Ann. § 20-23-401 Inspectors generally.

(a) Certificates of competency and commissions as inspectors of boilers shall be issued by the Boiler Inspection Section to persons in the employ of any company authorized to insure boilers against explosions in this state or by a qualified inspection service provider. (b) Persons employed as inspectors shall pass a written examination as to their knowledge of the construction, installation, maintenance, and repair of boilers and their appurtenances. The examination shall be confined to questions the answers to which will aid in determining the fitness and competency of the applicant for the intended service and shall be of uniform grade throughout the state. (c) However, a person who holds a certificate of competency or a commission issued by another state from a written examination equivalent to that required by this state may be issued a commission without further examination. (d) For each certificate of competency and commission as inspector of boilers issued under this subchapter, a fee of twenty-five dollars ($25.00) shall be charged to the person to whom the certificate and commission are issued. (e) The commission shall be good for the fiscal year during which it is issued and shall be renewed upon receipt of fifteen dollars ($15.00). (f)(1) Any commission issued under this subchapter shall be immediately returned to the Boiler Inspection Section when the inspector to whom it has been issued shall cease to be employed by the insurance company or inspection service provider employing him or her at the time the commission was issued. (2) If a person holding a commission as an inspector shall be employed by any other insurance company than the one by which he or she was employed at the time the commission was issued, a duplicate commission may be issued upon the payment of a fee of fifteen dollars ($15.00), provided that the commission has been renewed annually. (g) Commissions that have lapsed will require a renewal fee of fifteen dollars ($15.00). (h) Certificates of competency and commissions issued to boiler inspectors may be revoked upon notice to the holder thereof and to the employer of the inspector for: (1) Incompetency or untrustworthiness; or (2) Willful falsification of any matter or statement contained in his or her application or any report of any inspection. (i) The holder of the certificate of competency and commission shall be entitled to a hearing before the division to show cause why the certificate shall not be revoked.

Ark. Code Ann. § 20-23-402 Inspectors employed by insurance companies or private inspection service providers.

(a) Boiler inspectors employed by insurance companies or private inspection service providers which are authorized to insure boilers in this state shall hold certificates of competency issued by the Boiler Inspection Section as provided in this section and shall: (1) Inspect internally and externally at least one (1) time annually or within the time granted under § 20-23-203(a) all high pressure steam boilers insured by their respective companies; (2) Inspect externally one (1) time annually and internally one (1) time every three (3) years every low pressure steam heating boiler insured by their respective companies; and (3) Inspect unfired pressure vessels biennially. (b) The insured boilers shall be exempt from all inspections other than those of the respective insurance company inspectors unless there is some evidence that proper inspection is not being made. (c) Within thirty (30) days following each internal inspection made by its inspectors, each insurance company shall file a copy of the internal inspection report and date of the inspection with the Boiler Inspection Section on forms approved by the Secretary of the Department of Labor and Licensing or his or her designee. (d)(1) Each insurance company shall file a report annually of all boilers insured and inspected showing location, owner, state number, and date of last inspection. (2) The report shall be filed not later than January 30 of each calendar year. (e)(1) If annual reports are not filed with the Boiler Inspection Section by insurance companies who have insurance on boilers in the State of Arkansas within sixty (60) days from the date they are due inspection, the Boiler Inspection Section shall make the required inspection. (2) A special inspection fee of one hundred dollars ($100) for each boiler or unfired pressure vessel inspected, plus mileage and expenses from Little Rock to point of inspection and return not to exceed the current rate authorized by the General Assembly to employees of state agencies who furnish their own transportation, plus any meals and hotel bills incurred shall be charged to the insurance company insuring the boilers or unfired pressure vessels unless an extension of time is granted by the Chief Inspector of the Boiler Inspection Section. (f) No operating certificate issued for an insured boiler inspected by an insurance company inspector shall be valid after the boiler for which it was issued shall cease to be insured by a company authorized by this state to carry the insurance.

Ark. Code Ann. § 20-23-403 Inspectors — Failure to perform duties.

(a) Any inspector of boilers who shall report a boiler or pressure vessel for a certificate of inspection as safe to operate while knowing the report is false and that the boiler is unsafe to operate, who shall fail to perform his or her duties as stated in this chapter, or who shall cause the repair, installation, or sale of a boiler or pressure vessel that does not comply with the standards as set out in this chapter and the rules provided shall be guilty of a felony. (b) Upon conviction he or she shall be punished by a fine in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment not to exceed three (3) years, or by both fine and imprisonment.

Ark. Code Ann. § 20-23-404 Operators.

(a)(1) The Boiler Inspection Section or an authorized representative of the Boiler Inspection Section shall conduct examinations for each applicant seeking a boiler operator's license. (2) The examination shall be written. (3) Each applicant shall pay a fee of twenty-five dollars ($25.00) for the examination and the first license. (4) Each license shall be renewed annually. The annual fee shall be seventeen dollars ($17.00). (5) Before the applicant may participate in an examination, he or she shall have had not less than six (6) months of on-the-job training. Proof of this on-the-job training shall be furnished to the Boiler Inspection Section by the employer before the examination. (b)(1) Any operator found operating a boiler without a certificate issued by the Boiler Inspection Section or operating a boiler knowing it to be defective shall have his or her license revoked at once. (2) Any person found operating a boiler without an operator's license shall be subject to an administrative fine of not less than twenty- five dollars ($25.00) and not more than one hundred dollars ($100).

Ark. Code Ann. § 20-23-405 Sellers, installers, and repairers, and inspection service providers.

(a)(1) All persons, firms, or corporations engaged in the sale, installation, or inspection services of boilers, unfired pressure vessels, hot water storage containers, or pressure piping in any location shall be licensed by the Boiler Inspection Section to perform the work. (2) The annual license fee shall be seventy-five dollars ($75.00) per year, payable in advance on or before January 31 of each calendar year. (b)(1) All persons, firms, or corporations engaged in the repair of boilers or unfired pressure vessels shall be licensed by the Boiler Inspection Section. (2) The annual license fee shall be seventy-five dollars ($75.00) annually, payable in advance on or before January 31 of each calendar year. (c) Each person, firm, or corporation shall furnish evidence suitable to the Boiler Inspection Section that the person, firm, or corporation is qualified to perform the work. (d) The license of any person, firm, or corporation may be revoked by the Boiler Inspection Section upon proof that the person, firm, or corporation is not performing the work in compliance with this chapter and the rules as provided in this chapter. (e) Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000) or by imprisonment for not more than five (5) years or by both fine and imprisonment. (f) The provisions of §§ 20-23-104, 20-23-307 — 20-23-309, 20-23-403, 20-23-404, and this section shall not apply to firms under the regulation of the United States Surface Transportation Board.

Ark. Code Ann. § 20-23-406 Restricted lifetime license – Certificate of competency and commission.

(a)(1)(A) Upon reaching sixty-five (65) years of age or any time thereafter, any person who has been a boiler inspector for no fewer than twelve (12) years may apply for a restricted lifetime boiler inspector's certificate of competency and commission. (B) The certificate of competency and commission shall be issued upon satisfactory proof of age and upon payment of a fee prescribed by the Boiler Inspection Section. (2)(A) Upon reaching sixty-five (65) years of age or any time thereafter, any person who has been a boiler operator for no fewer than twelve (12) years may apply for a restricted lifetime boiler operator's license. (B) The license shall be issued upon satisfactory proof of age and upon payment of a fee prescribed by the Boiler Inspection Section. (3)(A) Upon reaching sixty-five (65) years of age or any time thereafter, any person who has been engaged in the sale or installation of boilers, unfired pressure vessels, hot water storage containers, or pressure piping for no fewer than twelve (12) years may apply for a restricted lifetime license. (B) The license shall be issued upon satisfactory proof of age and upon payment of a fee prescribed by the Boiler Inspection Section. (4)(A) Upon reaching sixty-five (65) years of age or any time thereafter, any person who has been engaged in the repair of boilers or unfired pressure vessels for no fewer than twelve (12) years may apply for a restricted lifetime license. (B) The license shall be issued upon satisfactory proof of age and upon payment of a fee prescribed by the Boiler Inspection Section. (b) The Boiler Inspection Section shall promulgate rules necessary to carry out the provisions of this section.

Ark. Code Ann. § 20-23-407 Owner or user inspector programs.

(a) Any owner or user of a steam boiler or pressure vessel subject to this chapter may perform any inspections required by this chapter on such vessels owned or operated by the owner or user if the owner or user meets the requirements prescribed by rule of the Secretary of the Department of Labor and Licensing or his or her designee. (b) The secretary or his or her designee shall set out requirements for the certification of owner or user inspectors and certification of owner or user inspection programs by rule and shall have full authority to promulgate and enforce those rules. (c)(1)(A) After notice and opportunity for hearing, any owner or user who is found to have violated rules prescribed by the secretary or his or her designee pursuant to this subchapter shall be assessed a civil monetary penalty of not less than one hundred dollars ($100) or more than five thousand dollars ($5,000). (B) Each day that a violation continues shall be considered a separate violation. (2) The secretary or his or her designee may bring a civil action in a court of competent jurisdiction to recover the amount of any civil monetary penalties. (d) In addition to civil monetary penalties, any owner or user who is found to be in violation of this section shall be guilty of a Class A misdemeanor.
Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.20.htmlFetched: 11/8/2026

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