Section 1331.9 - Field inspection(a) Insurance company.--If a boiler or unfired pressure vessel is insured by a company authorized to insure boilers or unfired pressure vessels in this Commonwealth, the owner may request that the insurance company assure that a field inspection is made by an inspector employed by the insurance company. The furnishing of or failure to furnish field inspections, insurance inspections or advisory services in connection with or incidental to the issuance or renewal of a policy of property, casualty or boiler and machinery insurance shall not subject the insurer, whether domestic or foreign, its agents, employees or service contractors to liability for damages from injury, death or loss occurring as a result of any act or omission in the course of those services. This provision shall not apply in the event the intentional act of the insurer, its agent, employee or service contractor created the condition that was the proximate cause of injury, death or loss.(b)Inspector employed by owner.-- A boiler or unfired pressure vessel may be field-inspected by an inspector in the employ of the owner if all of the following apply:(1) The inspector is a full-time employee of the owner for the purpose of making inspections of boilers or unfired pressure vessels used or to be used by the owner.(2) The inspector has obtained a commission from the department as required under section 12.(3) The owner continuously maintains an engineering division.(4) The boiler or unfired pressure vessel is involved in process operations, of which a knowledge of the process, in addition to that of the construction of the vessels, is required by the inspector.(5) The owner files regular field inspection reports with the department in a form approved by the department and pays the certificate fee set by the department through regulation.(c)Commissioned private inspector.--A boiler or unfired pressure vessel may be field-inspected by a commissioned private inspector if all of the following apply: (1) The inspector, at the time of inspection, possesses a valid commission issued by the department under section 12.(2) The inspector is employed by or possesses a certification as an authorized private inspection agency under section 12.(3) The boiler or unfired pressure vessel is not insured by a company authorized to insure boilers or unfired pressure vessels in this Commonwealth, unless the inspector has contracted with such company to perform the field inspection.(d)Department inspector.--If the owner does not assure that a field inspection is made by an inspector, the boiler or unfired pressure vessel shall be inspected by a department inspector. The owner shall be responsible to pay the department a fee for the inspection.(e)Failure to comply.--If the owner of a boiler or unfired pressure vessel fails to assure a field inspection is performed in accordance with the schedule set forth in section 11, the owner shall be subject to appropriate enforcement action as provided under this act. (f) Report.--Each inspector shall forward to the department a report of each field inspection made of any boiler or unfired pressure vessel showing the exact condition of the boiler or unfired pressure vessel. Inspection reports shall be submitted within 15 days of the date of inspection. Inspection reports received more than 15 days after the inspection was made may be considered invalid by the department. The report shall be filed on the form and in the manner prescribed by the department.Amended by P.L. 1149 2013 No. 104, § 1, eff. 5/26/2014.1998, June 18, P.L. 655, No. 85, § 9, effective in 30 days.