A BILL TO BE ENTITLED AN ACT TO ESTABLSIH THE HISTORICAL BOILERS LICENSING ACT.
Senate committee substitute makes the following changes to the 1st edition.
Amends the short and long titles.
Enacts the Historical Boilers Licensing Act, GS Chapter 95, Article 7B.
Creates the Historical Licensing Board (Board), consisting of nine members with staggered terms. Terms will be five years after the initial appointment term, with members not allowed to serve more than two consecutive terms. Provides that four members will be appointed by the General Assembly, two by the President Pro Tempore of the Senate and two by the Speaker of the House. Members appointed by the General Assembly must (1) own a historical boiler, (2) have at least 10 years' experience in the operation of historical boilers, and (3) be a current resident of North Carolina and each must represent a different region of the State. Three members will be appointed by the Governor and two members will be appointed by the Commissioner of Labor; at least one of the two Commissioner of Labor appointees must be employed by the Boiler Safety Bureau as a boiler and pressure valve inspector. Sets out procedures for the filling of vacancies and provides that the Department of Agriculture must provide staff, meeting space, and office supplies for the Board. Members will receive per diem and reimbursement for travel expenses.
Provides definitions for the act, including defining a historical boiler as a steam boiler of riveted construction that is preserved, restored, or maintained for hobby or demonstration.
Sets out seven powers and duties of the Board, including issuing licenses to operate historical boilers in public and establishing requirements for the minimum amount of liability insurance an owner of a historical boiler must carry on each historical boiler in operation.
Prohibits operating a historical boiler in a place open to the public unless licensed under the new article and the owner holds a current valid certificate of operation.
Provides that the Board, upon application, must issue a license to operate a historical boiler if an individual is (1) at least 16 years of age, (2) has completed a safety program created and conducted by the Board, and (3) has 100 hours of actual operating experience or training in the operation of historical boilers. Requires a one-time fee of $50 for issuance of the license; no renewal fee is required. The license is valid for for the lifetime of the operator unless the license is revoked by the Board. Allows a person under 16 to be trained in the operation of historical boilers by serving as an apprentice to an operator who is licensed pursuant to this article.
Sets out the criteria and procedure for inspecting historical boilers. Provides that owners must obtain a certificate from the Board, with the historical boiler being inspected every three years by inspectors designated by the Chief Inspector of the Boiler Safety Bureau of the Department of Labor. Upon determining that the historical boiler is in safe operating condition, the inspector must recommend that the Board certify the boiler. If the inspector does not recommend certification or if the Board does not issue a certificate, the owner of the historical boiler can file an appeal with the Board, who will then conduct a hearing in accordance with GS Chapter 150B.
Amends GS 95-69.10, Application of Article; exemptions, providing that once the Board has adopted rules to implement this act, historical boilers will no longer be subject to the inspection requirements of the Uniform Boiler and Pressure Vessel Act. Effective October 1, 2014.
Directs the Board to adopt rules to implement this act in accordance with GS Chapter 150B, with such adopted rules becoming effective October 1, 2014.
Provides that historic boilers that have been issued valid inspection certificates by the Boiler Safety Board of the Department of Labor under GS Chapter 95, Article 7A, can be operated until October 1, 2014.
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