Section 9-4-109 - Fees for boiler and pressure vessel inspection certificates(1)(a)(I) There shall be paid for the issuance of a certificate of boiler or pressure vessel inspection of each individual boiler or pressure vessel, regardless of how it is joined or connected, according to this article by the owner or user of said boiler or pressure vessel, such fees as shall be established by the director of the division of oil and public safety by rule; except that such fees shall not exceed the amount necessary to accumulate and maintain in the boiler inspection fund a reserve sufficient to defray the division's administrative expenses for a period of two months, and in no event shall the basic fee for an annual inspection exceed one hundred fifty dollars for an internal inspection or eighty-five dollars for an external inspection. The basic fee for a biennial or triennial inspection shall not exceed eighty-five dollars. The division shall not charge for an inspection other than to assess the fees established pursuant to this subsection (1). Any fees established pursuant to subparagraphs (III) to (V) of this paragraph (a) or pursuant to paragraph (b) of this subsection (1) shall be in addition to the basic fee.(II) (Deleted by amendment, L. 2001, p. 529, § 1, effective July 1, 2001.)(III) In addition to the basic fee established in subparagraph (I) of this paragraph (a), the division may assess a reinspection fee for any boiler condemned pursuant to section 9-4-105 (3). The reinspection fee shall be assessed and collected for each reinspection until the repairs are deemed satisfactory in accordance with section 9-4-105 (3).(IV) In addition to the basic fee established in subparagraph (I) of this paragraph (a), the division may assess a disconnection inspection fee.(V) In addition to the basic inspection fee established in subparagraph (I) of this paragraph (a), the division shall assess a certificate of boiler operation issuance fee not to exceed twenty-five dollars per certificate.(b) There shall be paid, for the services provided by the national board of boiler and pressure vessel commissioned inspectors, fees as provided in the following schedule: (I) Secondhand boiler or equipment at the request of the owner for certificate $30.00 plus expenses(II) National board shop inspection or A.S.M.E. quality control survey $100.00 1/2 day,
$200.00 full day plus travel and subsistence expense (1/2 day minimum).
(2) The section may prorate the boiler inspection fees. Twenty-five percent of the inspection fee shall be charged for a period up to and including twenty-five percent of the certificate term. Fifty percent of the inspection fee shall be charged for periods up to and including fifty percent of the certificate term. Seventy-five percent of the inspection fee shall be charged for periods up to and including seventy-five percent of the certificate term. The full fee shall be charged for periods exceeding seventy-five percent of the certificate term.(3) All boiler or pressure vessel inspection certificate fees shall be paid within thirty days from the date of inspection to the department of labor and employment. Upon failure to pay the department of labor and employment, the chief boiler inspector shall issue an order to the owner or user to cease and desist the use or operation or allowing the use or operation of the boiler or pressure vessel until permission to resume use of such equipment is granted by the director.(4) All fees collected by the department of labor and employment under the provisions of this article shall be used to defray the salaries and operating expenses incurred in the administration of this article and shall be appropriated for such purposes by the general assembly. Such moneys shall be transferred to the state treasurer, who shall deposit the same to the credit of the boiler inspection fund, which fund is hereby created.(5) If any person who is required to pay a fee pursuant to subsection (1) of this section fails or refuses to remit such fee, the department of labor and employment shall proceed at once to collect the fee by employing such legal processes as may be necessary for that purpose.(6) The state treasurer shall invest any portion of the boiler inspection fund which is not needed for immediate use. All interest earned upon such invested portion shall be credited to the fund and used for the same purposes and in the same manner as other moneys in the fund. Such moneys may be invested in the types of investments authorized in sections 24-36-109, 24-36-112, and 24-36-113, C.R.S.L. 71: R&RE, p. 273, § 1. C.R.S. 1963: § 17-3-9. L. 76: R&RE, p. 363, § 4, effective July 1. L. 83: (1)(a)(I), (1)(a)(II), (1)(b)(I), and (1)(b)(II) amended and (4), (5), and (6) added, p. 445, § 1, effective July 1. L. 86: (2.5) added, p. 548, § 1, effective May 28. L. 92: (1)(a), (2.5), (3), (4), and (5) amended, p. 1814, § 1, effective March 20. L. 97: (2.5) repealed, p. 1477, § 19, effective June 3. L. 2000: (1)(a) amended, p. 164, § 3, effective March 17. L. 2001: (1)(a)(I) amended, p. 1136, § 62, effective June 5; (1)(a)(I) and (1)(a)(II) amended and (1)(a)(V) added, p. 529, § 1, effective July 1. L. 2008: (1)(a)(I) amended, p. 985, § 3, effective May 21. L. 2011: (2) amended, (HB 11 -1050), ch. 8, p. 17, §5, effective August 10.Amendments to subsection (1)(a)(I) by House Bill 01-1373 and House Bill 01-1279 were harmonized.