MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Public Health and Welfare

By: Senator(s) Dearing

AN ACT TO CREATE SECTION 45-23-22, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE STATE BOARD OF HEALTH TO CONDUCT EXAMINATIONS FOR APPLICANTS SEEKING A BOILER OPERATOR'S LICENSE AND TO PRESCRIBE FEES THEREFOR; TO PRESCRIBE CRIMINAL PENALTIES FOR OPERATING A BOILER WITHOUT A LICENSE; TO AMEND SECTION 45-23-9, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE ADVISORY COMMITTEE ON BOILER AND PRESSURE VESSEL SAFETY TO RECOMMEND THE EXAMINATION TO BE REQUIRED OF APPLICANTS FOR A BOILER OPERATOR'S LICENSE; AND FOR RELATED PURPOSES.  

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following provision shall be codified as Section 45-23-22, Mississippi Code of 1972:

45-23-22. (1) The State Board of Health shall conduct examinations for each applicant seeking a boiler operator's license. This examination may be either written or oral. Each applicant shall pay a fee of Twenty-five Dollars ($25.00) for the examination and first license. Each license must be renewed annually. The annual fee shall be Twenty Dollars ($20.00). Before the applicant may participate in an examination, he must have had not less than six (6) months on-the-job training. Proof of this must be furnished to the board by his employer prior to the examination.

(2) All persons who are engaged in the practice of operating a boiler on July 1, 1997, including persons employed by the State of Mississippi or any school district or political subdivision thereof, shall be issued a license by the board if they apply therefor and pay the fee for an original license prior to July 1, 1998. The license issued shall be valid only for the boilers such applicants are currently operating unless the applicant meets the examination and experience requirements for unrestricted licensure.

(3)(a) Any operator found operating a boiler without a certificate of inspection issued by the State Board of Health or operating a boiler knowing it to be defective shall have his license revoked at once.

(b) Any person found operating a boiler without an operator's license shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than Twenty-five Dollars ($25.00) and not more than One Hundred Dollars ($100.00) and, in addition, may be imprisoned for not more than two (2) years, or both.

SECTION 2. Section 45-23-9, Mississippi Code of 1972, is amended as follows:

45-23-9. (1) The advisory committee shall recommend the adoption of definitions, rules and regulations for the safe construction, installation, inspection, care and good practice in the operation, maintenance and repair of boilers and pressure vessels by the State Board of Health (hereinafter board). The advisory committee shall recommend the adoption of regulations prescribing the examination required of persons applying for a boiler operator's license.

(a) The definitions, rules and regulations * * * formulated for new construction shall be based upon and at all times follow the generally accepted nationwide engineering standards, formulae and practices established and pertaining to boiler and pressure vessel construction and safety, and the advisory committee shall at its first meeting recommend the adoption of an existing published codification thereof known as the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers (hereinafter ASME), with the amendments, code cases and interpretations thereto made and approved by ASME, and may likewise recommend the amendments and interpretations subsequently made and published by the same authority; and when so adopted, the same shall be deemed incorporated into and to constitute a part of the whole of the definitions, rules and regulations of the committee. Amendments, code cases and interpretations to the code so adopted shall be effective immediately upon being promulgated, to the end that the definitions, rules and regulations shall at all times follow the generally accepted nationwide engineering standards.

(b) The advisory committee shall recommend the adoption of rules and regulations for the inspection, care and good practice in operation, maintenance and repair of boilers and pressure vessels which were in use in this state prior to the date upon which the first rules and regulations under this chapter pertaining to existing installations become effective, or during the twelve-month period immediately thereafter. The rules and regulations so formulated and recommended shall be based upon and at all times follow the generally accepted nationwide engineering standards.

(2) The rules and regulations and any subsequent amendments thereto adopted by the board shall, immediately following a hearing upon not less than thirty (30) days' notice as hereinafter provided, be approved and published and when so promulgated shall have the force and effect of law, except that the rules applying to the construction of new boilers and pressure vessels shall not become mandatory until twelve (12) months after their promulgation by the board. Subsequent amendments to the rules and regulations adopted by the board shall be permissive immediately and shall become mandatory twelve (12) months after their promulgation.

(3) Notice of the hearing shall give the time and place of the hearing and shall state the matters to be considered. Such notice shall be given to all persons directly affected by such hearing. In the event all persons directly affected are unknown, notice shall be perfected by publication in a newspaper of general circulation in the northern, central and southern Supreme Court districts of this state at least thirty (30) days prior to such hearing.

SECTION 3. This act shall take effect and be in force from and after July 1, 1997.