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SB 50: "An Act relating to certain boiler and pressure vessel inspections and inspectors; and providing for an effective date."

00SENATE BILL NO. 50 01 "An Act relating to certain boiler and pressure vessel inspections and inspectors; 02 and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 18.60 is amended by adding a new section to read: 05  Sec. 18.60.235. Approved inspectors. (a) In addition to the deputy 06 inspectors employed under AS 18.60.230 and the special inspectors commissioned 07 under AS 18.60.240, the commissioner of labor may appoint an employee of the 08 Department of Labor as an approved inspector if the commissioner determines that the 09 employee is qualified by training and experience to perform inspections under 10 AS 18.60.180 - 18.60.395 of cast iron boilers and domestic hot water heaters. An 11 employee does not have to pass the examination described in AS 18.60.290 in order 12 to be appointed an approved inspector under this subsection. 13  (b) The inspection authority of an approved inspector appointed under (a) of 14 this section is limited to performing the inspections described in (a) of this section.

01 * Sec. 2. AS 18.60.240 is amended to read: 02  Sec. 18.60.240. Appointment and qualifications of special inspectors. In 03 addition to the deputy boiler inspectors provided for in AS 18.60.230 and the 04 approved inspectors appointed under AS 18.60.235(a) , the Department of Labor 05 shall, upon the request of a company authorized by the Department of Commerce and 06 Economic Development under AS 21.09 to insure against loss from explosion of 07 boilers and unfired pressure vessels as described in AS 21.12.070(a)(7), or upon the 08 request of a company operating unfired pressure vessels, issue to an inspector of the 09 company a state commission as a special inspector. However, to be eligible for a 10 commission as special inspector, a person must have passed the examination provided 11 for in AS 18.60.290, or hold a certificate as an inspector of boilers from the National 12 Board of Boiler and Pressure Vessel Inspectors. 13 * Sec. 3. AS 18.60.280 is amended by adding a new subsection to read: 14  (b) An approved inspector appointed under AS 18.60.235(a) has the right of 15 access provided in (a) of this section, but only for the purpose of making the 16 determinations described in (a) of this section for a cast iron boiler or domestic hot 17 water heater. 18 * Sec. 4. AS 18.60.330(a) is amended to read: 19  (a) Each inspection under AS 18.60.320 shall be made by a deputy inspector 20 employed under AS 18.60.230, an approved inspector appointed under 21 AS 18.60.235(a), or by a special inspector commissioned under AS 18.60.240 22 [PROVIDED FOR IN AS 18.60.230 - 18.60.240]. 23 * Sec. 5. AS 18.60.360(b) is amended to read: 24  (b) The owner or user of a boiler or unfired pressure vessel that is inspected 25 by a deputy inspector employed under AS 18.60.230 or an approved inspector 26 appointed under AS 18.60.235(a) shall pay the department, upon completion of the 27 inspection, the appropriate inspection fee established under (a) of this section. 28 * Sec. 6. AS 18.60.370 is amended to read: 29  Sec. 18.60.370. Appeals. A person aggrieved by an order or act of a deputy 30 inspector employed under AS 18.60.230 or an approved inspector appointed under 31 AS 18.60.235(a) may, within 15 days after notice of the order or act, appeal to the

01 commissioner [DEPARTMENT] of labor [LABOR]. The commissioner 02 [DEPARTMENT] of labor or the commissioner's designee [LABOR] shall hold a 03 hearing within 30 days of the appeal but shall give at least 10 days' written notice of 04 the hearing to all interested parties. Within 30 days after the hearing, the 05 commissioner [DEPARTMENT] of labor or the commissioner's designee [LABOR] 06 shall issue an order approving or disapproving the order or act and shall give a copy 07 of the order to all interested parties. Within 30 days after the order of the 08 commissioner [DEPARTMENT] of labor or the commissioner's designee [LABOR], 09 a person aggrieved may file an appeal in the superior court for review. The court shall 10 summarily hear the appeal and may make an appropriate order or decree. 11 * Sec. 7. This Act takes effect July 1, 1999.