CHAPTER 540
BOILERS AND WATER HEATERS

      Sec. 29-231. (Formerly Sec. 19-426). Exceptions. The provisions of this chapter shall not apply to: (1) Boilers under federal control; (2) portable boilers used in pumping, heating, steaming and drilling in the open field; (3) portable boilers used solely for agricultural purposes; (4) steam heating boilers, hot water heaters and hot water heating boilers, when used in private homes or apartment houses of not more than five families; (5) hot water heaters approved by a nationally recognized testing agency that are equipped with adequate safety devices including a temperature and pressure relief valve, having a nominal water capacity of not more than one hundred twenty gallons and a heat input of not more than two hundred thousand British thermal units per hour and used solely for hot water supply carrying a pressure of not more than one hundred sixty pounds per square inch and operating at temperatures of not more than two hundred ten degrees Fahrenheit, provided such heaters are not installed in schools, day care centers, public or private hospitals, nursing or boarding homes, churches or public buildings, as defined in section 1-1; (6) antique or model boilers used in public, nonprofit engineering or scientific museums and operated for educational, historical or exhibition purposes having a shell diameter of less than twelve inches and a grate surface area of less than one square foot; and (7) public service companies, as defined in section 16-1.

      (1949 Rev., S. 4739; 1953, S. 2364d; P.A. 86-83, S. 1; P.A. 03-15, S. 1; P.A. 04-257, S. 46.)

      History: Sec. 19-426 transferred to Sec. 29-231 in 1983; P.A. 86-83 eliminated reference to boilers of railroad locomotives, portable boilers used in construction and repair of roads, railroads and bridges and boilers carrying pressure of less than 15 pounds psi., equipped with safety devices and included boilers under federal control, certain steam heating boilers, hot water heaters and antique or model boilers; P.A. 03-15 deleted former Subdiv. (4) re boilers on steam fire engines brought into the state for temporary use in checking conflagrations, deleted reference to steam heating boilers "carrying a pressure of not more than fifteen pounds per square inch, when used in private homes or apartment houses of not more than five families, provided they are equipped with adequate safety devices" in former Subdiv. (5), deleted former Subdiv. (6) re hot water heating boilers carrying a pressure of not more than 30 pounds per square inch, provided they are equipped with adequate safety devices, deleted former Subdiv. (7) re boilers installed and inspected under any city, town or borough system of boiler inspection under standards equivalent to those established under chapter, and removed reference to other places of public assembly in former Subdiv. (8), substituting reference to public buildings "as defined in section 1-1", renumbered former Subdiv. (5) as Subdiv. (4) and included hot water heaters and hot water heating boilers, made technical changes and renumbered former Subdivs. (8) to (10), inclusive, as Subdivs. (5) to (7); P.A. 04-257 made technical changes in Subdiv. (5), effective June 14, 2004.

      Sec. 29-232. (Formerly Sec. 19-428). Regulations. Variations or exemptions. Appeals. (a) The Commissioner of Public Safety shall formulate regulations for the design, construction, installation, repair, use and operation of boilers in Connecticut. Such regulations shall conform as nearly as possible to the Boiler Code of the American Society of Mechanical Engineers, and the National Board Inspection Code, both as amended, and shall prescribe requirements as to the construction, installation, repair, use and inspection of boilers in the interest of public safety. The Commissioner of Public Safety shall hold hearings for the purpose of securing aid in the formulation of such regulations. Such hearings shall be public and representatives of all parties interested shall be given an opportunity to be heard.

      (b) Any person may apply to the State Building Inspector to grant variations or exemptions from, or approve equivalent or alternate compliance with, standards incorporated in the regulations adopted under the provisions of subsection (a) of this section, and the State Building Inspector or a designee may approve such variations, exemptions, or equivalent or alternate compliance where strict compliance with such provisions would cause practical difficulty or unnecessary hardship.

      (c) Any person aggrieved by any decision of the State Building Inspector or the State Building Inspector's designee pursuant to subsection (b) of this section may appeal to the Commissioner of Public Safety or said commissioner's designee not later than thirty days after receipt of the notice of such decision. Any person aggrieved by any ruling of said commissioner or designee may appeal therefrom to the Superior Court in accordance with section 4-183.

      (1953, S. 2366d; P.A. 77-614, S. 502, 610; P.A. 86-83, S. 2; P.A. 07-110, S. 4; P.A. 08-9, S. 5.)

      History: P.A. 77-614 replaced "board", i.e. boiler safety board, with commissioner of public safety, effective January 1, 1979; Sec. 19-428 transferred to Sec. 29-232 in 1983; P.A. 86-83 required that boiler regulations also conform to the National Board Inspection Code and included provision re repair; P.A. 07-110 designated existing provisions as Subsec. (a) and added Subsecs. (b) and (c) re variations or exemptions from and equivalent or alternate compliance with standards incorporated in regulations; P.A. 08-9 made technical changes in Subsec. (c), effective April 29, 2008.

      Sec. 29-233. (Formerly Sec. 19-430). Department of Public Safety boiler inspectors. The Department of Administrative Services may call upon the Commissioner of Public Safety to assist in formulating the examination requirements and the examination questions for candidates for the positions of boiler inspectors within the Department of Public Safety. The Commissioner of Public Safety shall issue a commission as boiler inspector to any person employed as boiler inspector who has been in the Department of Public Safety after being appointed in accordance with the provisions of chapter 67 or certified as competent as a result of such examination.

      (1949 Rev., S. 4738; 1953, S. 2366d; P.A. 77-614, S. 503, 610.)

      History: P.A. 77-614 replaced "board", i.e. boiler safety board with commissioner of public safety, labor department and commissioner with department and commissioner of public safety and personnel department with department of administrative services, effective January 1, 1979; Sec. 19-430 transferred to Sec. 29-233 in 1983.

      Sec. 29-234. (Formerly Sec. 19-431). Special inspectors. In addition to department boiler inspectors, the Commissioner of Public Safety shall, upon the application of any company authorized to insure against loss from explosion of boilers in this state, issue to any boiler inspectors of said company commissions as special inspectors, provided each such inspector before receiving his commission shall pass satisfactorily the examination provided for in section 29-235. The Commissioner of Public Safety may recognize in lieu of such examination a certificate of competency as an inspector of boilers for a state that has a standard of examination substantially equal to that of the state of Connecticut, or a commission as an inspector of boilers from the National Board of Boiler and Pressure Vessel Inspectors. Such special inspectors shall receive no salary from, nor shall any of their expenses be paid by, the state, and the continuance of a special inspector's commission shall be conditioned upon his continuing in the employ of such a boiler inspection and insurance company, and upon his maintenance of the standards imposed by this chapter. Each such company shall promptly notify the commissioner of any special inspector's termination of employment. Such special inspectors shall inspect all boilers insured by their respective companies, and the owners or users of such insured boilers shall be exempt from the payment of inspection fees, as provided for in this chapter. Each company employing such special inspectors shall, within fifteen days following each internal inspection made by such inspectors, file a report of such inspection with the Department of Public Safety upon appropriate forms as promulgated by the Commissioner of Public Safety, who may use the standards of the American Society of Mechanical Engineers.

      (1953, S. 2367d; P.A. 77-614, S. 504, 610.)

      History: P.A. 77-614 replaced labor commissioner and department with commissioner and department of public safety and deleted reference to boiler safety board's approval of examinations or certificates issued by other states, effective January 1, 1979; Sec. 19-431 transferred to Sec. 29-234 in 1983.

      Sec. 29-235. (Formerly Sec. 19-432). Examination for special inspector's commission. Examinations for candidates for special inspectors' commissions shall be given at least once each year by the Commissioner of Public Safety or by at least two examiners appointed by said commissioner. All examinations shall be in writing, shall be uniform for all candidates and shall be confined to questions formulated by the commissioner and designed to determine fitness and competency as a boiler inspector. The written examination may be supplemented by an oral examination or an interview by the commissioner or his designee which shall conform in general character with the written examination. Each candidate whether he passes the examination or not shall be notified by the board of his standing and grade as soon as possible after the examination has been completed. If an applicant for a special inspector's commission fails to pass the examination, he may appeal to the commissioner or his designee for a hearing on his grade. The decision after such hearing shall be final, but an applicant who desires to improve his rating shall have the right to take another examination within ninety days. The record of an applicant's examination, whether original or modified after appeal, shall be accessible to him and his employer.

      (1953, S. 2368d; P.A. 77-614, S. 505, 610.)

      History: P.A. 77-614 replaced boiler safety board with commissioner of public safety and allowed designee of commissioner to conduct examinations and interviews and to receive appeals, effective January 1, 1979; Sec. 19-432 transferred to Sec. 29-235 in 1983.

      Sec. 29-236. (Formerly Sec. 19-433). Commission required. Suspension or revocation. Appeal. No person shall inspect boilers under this chapter unless he holds a commission issued to him by the Commissioner of Public Safety as provided in this chapter. This provision shall not apply to boiler inspectors in the state classified service on October 1, 1953. Such commission may be suspended or revoked by the commissioner upon evidence of incompetency or untrustworthiness of the holder thereof or for falsification of any matter or statement contained in his application or in a report of any inspection. A person whose commission is suspended or revoked shall have the right to appeal to the commissioner within two weeks after such suspension or revocation. The commissioner or his designee shall hold a hearing on such appeal at which the appellant may be present in person. Any person aggrieved thereby may appeal in accordance with section 4-183.

      (1953, S. 2368d; P.A. 77-603, S. 21, 125; 77-614, S. 506, 610.)

      History: P.A. 77-603 allowed appeals from decisions of boiler safety board in accordance with Sec. 4-183; P.A. 77-614 replaced labor commissioner with commissioner of public safety as issuer of commissions and replaced boiler safety board with commissioner of public safety as appeal authority, allowed commissioner's designee to hold hearings and deleted provision whereby board was formerly required to report recommendations re suspensions and revocations to labor commissioner, effective January 1, 1979; Sec. 19-433 transferred to Sec. 29-236 in 1983.

      Sec. 29-237. (Formerly Sec. 19-434). Inspection. All boilers included under this chapter shall be inspected by a state boiler inspector or by a special inspector employed by an insurance company licensed to insure boilers in this state as follows:

      (1) Power boilers, meaning boilers operating at steam or vapor pressures in excess of fifteen pounds per square inch gauge, except power boilers that operate with internal water treatment under the direct supervision of a qualified engineer, shall be inspected each year. Such boiler inspection shall consist of (A) a thorough internal and external inspection while not under pressure, and (B) an external inspection under operating conditions not more than six months after the internal and external inspection. No more than fourteen months shall elapse between internal inspections and between external inspections while under pressure.

      (2) Power boilers that operate with internal water treatment under the direct supervision of a qualified engineer shall be inspected every eighteen months. Such boiler inspection shall consist of (A) a thorough internal and external inspection while not under pressure, and (B) an external inspection under operating conditions not more than nine months after the internal and external inspection.

      (3) Where construction will permit, low pressure steam or vapor heating boilers, hot water heating boilers, hot water supply boilers and hot water heaters shall be inspected externally biennially and internally at the discretion of the boiler inspector. If a boiler inspector decides a hydrostatic test is necessary to determine the safety of a boiler or heater, such test shall be made under the inspector's direction. The Commissioner of Public Safety may order inspections by the Department of Public Safety or the insurance carrier in addition to the regular annual or biennial inspections to clear up any doubts as to the safety of continuing the operation of any boiler or heater included in this chapter. Each boiler insurance carrier shall forward to the commissioner, not later than thirty days after each inspection as required by this chapter, a report of such inspection upon appropriate forms as promulgated by the commissioner, who may use the form suggested by the American Society of Mechanical Engineers.

      (1949 Rev., S. 4739; 1953, S. 2370d; 1963, P.A. 161; P.A. 77-614, S. 507, 610; P.A. 85-6; P.A. 86-83, S. 5; P.A. 99-138, S. 1; June Sp. Sess. P.A. 07-1, S. 148.)

      History: 1963 act added that yearly inspection shall apply only to power boilers, lowering time lapse between internal inspections and external inspections under pressure from 15 to 14 months, added provisions re biennial inspection of certain boilers and changed technical language; P.A. 77-614 replaced labor commissioner and department with commissioner and department of public safety in Subsec. (b), effective January 1, 1979; Sec. 19-434 transferred to Sec. 29-237 in 1983; P.A. 85-6 amended Subsec. (b), providing that low pressure steam or vapor heating boilers, hot water heating and supply boilers be inspected internally at the boiler inspector's discretion, where previously both internal and external inspections were required "where construction will permit"; P.A. 86-83 amended Subsec. (b) to require inspection of hot water heaters; P.A. 99-138 redesignated former Subsec. (a) as Subdiv. (1), added Subdiv. (2) re provisions for inspection of boilers that operate with internal water treatment under the supervision of an engineer and redesignated former Subsec. (b) as Subdiv. (3); June Sp. Sess. P.A. 07-1 amended Subdiv. (3) to delete provision prohibiting charging an additional fee for additional inspections and made technical changes in Subdivs. (2) and (3), effective July 1, 2007.

      Sec. 29-238. (Formerly Sec. 19-435). Operating certificate. Fee. Period of validity. Inspection. The owner or user of a boiler required by this chapter to be inspected by the Commissioner of Public Safety, state boiler inspectors or special inspectors shall pay to the commissioner the sum of eighty dollars for each operating certificate issued. No fee shall be required of the state or any agency of the state. All fees collected by the commissioner under authority of this chapter shall be transferred by the commissioner to the State Treasurer for deposit in the General Fund. If the report of inspection by the Department of Public Safety inspector or special inspector indicates that any boiler meets the requirements of this chapter and the boiler regulations, an operating certificate shall be issued by the commissioner to the owner or user. Such certificate shall state the pressure and other conditions under which such boiler may be lawfully operated. An operating certificate shall be valid for a period of not more than twelve months from the date of internal inspection, in the case of power boilers inspected pursuant to subdivision (1) of section 29-237, except that the certificate shall be valid for a period of not more than two months beyond the period set by the Commissioner of Public Safety in accordance with section 29-237. An operating certificate shall be valid for a period of not more than eighteen months from the date of internal inspection in the case of power boilers inspected pursuant to subdivision (2) of section 29-237. Operating certificates shall be valid for twenty-four months in the case of low pressure steam or vapor heating boilers, hot water heating boilers, hot water supply boilers and hot water heaters approved by a nationally recognized testing agency. If a boiler inspected by a state boiler inspector or special inspector commissioned by said commissioner is found to conform with the requirements of this chapter and the boiler regulations, an operating certificate shall be issued by said commissioner to the owner or user upon the receipt of the insuring company's report or the state boiler inspector's report. Said commissioner may order reinspection if reasonable doubt exists regarding any inspection. Such certificate shall state the pressure and other conditions under which such boiler may be lawfully operated and shall be valid not more than the period indicated in this section and shall be renewed each year in the case of power boilers inspected pursuant to subdivision (1) of section 29-237, every eighteen months in the case of power boilers inspected pursuant to subdivision (2) of section 29-237, and biennially in the case of hot water heating or hot water supply boilers and hot water heaters. An operating certificate shall be immediately invalid if the boiler is relocated or altered, unless such relocation or alteration has been approved in accordance with this chapter or the boiler code and regulations. No boiler shall be operated unless a valid operating certificate is displayed under glass in a conspicuous place in the room in which such boiler is located. If the boiler is not located within the building, the certificate shall be posted in a location convenient to the boiler inspected. In the case of a portable boiler such certificate shall be kept in a metal container to be fastened to the boiler or kept in a tool box accompanying the boiler.

      (1949 Rev., S. 4741, 4744; 1953, S. 2371d; 1961, P.A. 408; 1963, P.A. 642, S. 21; P.A. 73-574, S. 1, 3; P.A. 77-614, S. 508, 610; P.A. 80-297, S. 9, 20; P.A. 86-83, S. 3; May Sp. Sess. P.A. 92-6, S. 64, 117; P.A. 99-138, S. 2; June Sp. Sess. P.A. 07-1, S. 149; June Sp. Sess. P.A. 09-3, S. 323.)

      History: 1961 act added distinctions re inspection fees for power boilers and low heating power boilers, changing amounts of and limitations on these fees, provided for additional fees rather than fee not exceeding $5 for hydrostatic tests, exempted state or state agency from fees, changed requirements re period of validity for operating certificates, raised fee for boiler inspected by special inspector from $1 to $2 and added provisions re certificates where boiler is located without the building and for portable boilers; 1963 act provided in Subdiv. (a) that fee applies to boilers of "at least" rather than "over" 4,000 and 10,000 square feet of heating surface; P.A. 73-574 raised fees in Subdiv. (a) for internal inspection from $5 to $6, from $12 to $15, from $15 to $20 and from $20 to $25 for ordered classes and for external inspection from $3 to $5 and from $5 to $8 for ordered classes, in Subdiv. (b) for boilers without manhole from $5 to $8, for boilers with manhole from $10 to $12 and for hot water supply boilers from $3 to $5 and in Subdiv. (c) for certificates issued upon inspection by special inspector from $2 to $5; P.A. 77-614 replaced labor commissioner and department with commissioner and department of public safety, effective January 1, 1979; P.A. 80-297 increased fees in Subdiv. (a) for internal inspection to $12, $25, $30 and $40 from previous respective amounts, imposing a new $20 fee for new class of boilers over 50 but less than 1,000 square feet and making $25 fee applicable to boilers over 1,000 and less than 4,000 square feet, and for external inspection raised fees to $10 and $15 from previous respective amounts, in Subdiv. (b) to $12, $16 and $8 from previous respective amounts and in Subdiv. (c) to $10; Sec. 19-435 transferred to Sec. 29-238 in 1983; P.A. 86-83 increased all boiler inspection fees, increased the fee for the issuance of an operating certificate from $10 to $15 and added references to hot water heaters; May Sp. Sess. P.A. 92-6 increased various inspection fees and made technical changes; P.A. 99-138 added provisions in Subdiv. (3) re operating certificates for boilers that operate with internal water treatment under the supervision of an engineer and made provisions gender neutral; June Sp. Sess. P.A. 07-1 replaced schedule of fees in former Subdivs. (1) to (3) with a fee of $40 for each certificate, added references to state boiler inspector and special inspector, and deleted provision exempting certain owners from inspection fees and charging them $20 for a certificate, effective July 1, 2007; June Sp. Sess. P.A. 09-3 increased fee from $40 to $80.

      Sec. 29-239. (Formerly Sec. 19-436). Certificate required. Conformity to standards. No owner or user of a boiler shall operate such boiler under pressure in this state without an operating certificate as provided for in section 29-238. Any person who operates a boiler without such certificate or at pressure exceeding that specified in such certificate shall be subject to the penalty provided by section 29-243. No boiler which does not conform to the provisions of this chapter or to the boiler regulations formulated or adopted by the board shall be installed in this state. All boilers shall be inspected during construction by an inspector authorized to inspect boilers in this state or, if constructed outside the state, by an inspector holding a commission from the National Board of Boiler and Pressure Vessel Inspectors and a report of each such inspection made available to the Commissioner of Public Safety. Said chapter shall not be construed as preventing the use or sale of boilers in this state which have been installed or in use in this state prior to October 1, 1953, and which have been made to conform to regulations for existing installations.

      (1953, S. 2372d; P.A. 79-560, S. 7, 39.)

      History: P.A. 79-560 replaced labor commissioner with commissioner of public safety for conformity with changes enacted in chapter through P.A. 77-614 and made technical corrections; Sec. 19-436 transferred to Sec. 29-239 in 1983.

      Sec. 29-240. (Formerly Sec. 19-437). Report of violations. Orders to comply. Boiler and factory inspectors of the state, in their routine inspections, may examine the operating certificates and the operating conditions of all boilers and shall report any violations of this chapter or the boiler regulations immediately to the Department of Public Safety. The Commissioner of Public Safety shall forthwith order the owner or user of such boiler to comply with the law and the regulations at once and, if the violation may endanger life or property, said commissioner shall order the boiler closed down until the defect or violation is eliminated.

      (1949 Rev., S. 4740; 1953, S. 2373d; P.A. 79-560, S. 8, 39.)

      History: P.A. 79-560 replaced labor commissioner and department with commissioner and department of public safety for conformity with changes enacted in chapter through P.A. 77-614; Sec. 19-437 transferred to Sec. 29-240 in 1983.

      Sec. 29-241. (Formerly Sec. 19-439). Registration of boilers. The installer of any newly installed or reinstalled boiler included in this chapter shall register, upon forms furnished by the department, every such boiler installed by him, stating the type, dimensions, description and any other facts required by the department together with the name and address of the manufacturer and of the insurance carrier, if any. Failure to fill out and return such registration forms shall be a violation of this chapter.

      (1953, S. 2374d; P.A. 86-83, S. 4.)

      History: Sec. 19-439 transferred to Sec. 29-241 in 1983; P.A. 86-83 required the installer to register boilers installed by him, eliminating reference to registration by owners or users.

      Sec. 29-242. (Formerly Sec. 19-440). Enforcement. The commissioner and his authorized agents shall enforce the provisions of this chapter and any regulations relating to boilers, and for this purpose shall have access to the location of any boiler at any reasonable time.

      (1953, S. 2375d.)

      History: Sec. 19-440 transferred to Sec. 29-242 in 1983.

      Sec. 29-243. (Formerly Sec. 19-441). Penalties. Any person who violates any provision of this chapter or of the code or other regulations relating to this chapter, or who obstructs the commissioner or his agents engaged in their duties under this chapter, for a first offense, shall be fined not more than one hundred dollars and, for each subsequent offense, shall be fined not more than five hundred dollars or imprisoned not more than four months or both.

      (1949 Rev., S. 4742, 4743; 1953, S. 2377d; P.A. 77-614, S. 515, 610.)

      History: P.A. 77-614 deleted reference to labor commissioner, referring instead to "commissioner", i.e. commissioner of public safety, effective January 1, 1979; Sec. 19-441 transferred to Sec. 29-243 in 1983.

      Sec. 29-244. (Formerly Sec. 19-442). Failure to post valid operating certificate. In the examination and inspection of premises provided for in sections 29-305 and 31-9, the officer making the inspection shall ascertain whether there is a valid operating certificate displayed as required in section 29-238 and, if there is no such certificate displayed, he shall at once inform the Commissioner of Public Safety.

      (1949 Rev., S. 4745; P.A. 77-614, S. 516, 610.)

      History: P.A. 77-614 replaced labor commissioner with commissioner of public safety, effective January 1, 1979; Sec. 19-442 transferred to Sec. 29-244 in 1983.

      Secs. 29-245 to 29-249. Reserved for future use.