Statutes, codes, and regulations
Maine Administrative Code
Department 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATIONDivision 041 - OFFICE OF PROFESSIONAL AND OCCUPATIONAL REGULATION (OPOR)BOILER AND PRESSURE VESSEL SAFETY PROGRAM
Chapter 21 - DUTIES AND RESPONSIBILITIES OF ALL OWNERS OF BOILERS AND PRESSURE VESSELS
Section 041-21-13 - Boilers or Pressure Vessels Found to be Unsafe

02-041-21 Me. Code R. § 13

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Current through 2025-03, January 15, 2025
Section 041-21-13 - Boilers or Pressure Vessels Found to be Unsafe
A.Suspension of Inspection Certificate. If an Inspector finds that a boiler or pressure vessel is unsafe to operate, the Inspector must notify the Chief Inspector immediately. The Chief Inspector must suspend the inspection certificate, and the owner must immediately suspend operation of the boiler or pressure vessel until the Chief Inspector approves the placing of the boiler or pressure vessel back in operation. Pursuant to 5 M.R.S.A. §10004(4), a suspension issued in accordance with this paragraph is effective for a period of not more than 30 days.
B.Condemnation and Stamping. In the event that repairs to a boiler or pressure vessel are not feasible, the Chief Inspector must revoke the certificate and condemn the boiler or pressure vessel. Upon condemnation, the Chief Inspector must stamp the boiler or pressure vessel ("XXX Me") in accordance with 32 M.R.S.A. §15112, provided that the actual stamping must be stayed during the 7-day period set forth in Section 13, paragraph C of this Chapter and during the pendency of any appeal filed with the Board. Only the Chief Inspector may revoke a certificate and condemn a boiler or pressure vessel. Pursuant to 5 M.R.S.A. §10004(4), a revocation issued in accordance with this paragraph is effective for a period of not more than 30 days.
C.Owner's Right to Appeal. When the Chief Inspector suspends or revokes a certificate, the Chief Inspector must give the owner written notice of the owner's right to appeal the suspension or revocation to the Board within 7 calendar days of the suspension or revocation.
D.Appeal Hearing. Upon receipt of a timely appeal from the owner, the Board will schedule an appeal hearing pursuant to 32 M.R.S.A. §15104-A(2). The provisions of the Maine Administrative Procedure Act relating to adjudicatory proceedings govern the hearing. The Chief Inspector bears the burden of proof at the appeal hearing. The boiler or pressure vessel that is the subject of the appeal must remain out of service and may not be operated during the pendency of the appeal.

02-041 C.M.R. ch. 21, § 13