Kentucky Statutes 236.097 – Owner facility license — Owner’s piping inspector license — Independent inspection agency license — Application of licensing requirements
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(1) An owner facility subject to piping inspection by the department under this chapter may apply for a license from the department to allow the facility to conduct its own site piping inspections, other than for boiler external piping, in lieu of an inspection by the department.
(a) No piping inspections shall be conducted under an owner facility license unless the owner’s piping inspector is licensed pursuant to subsection (2) of this section, or the contracted independent inspection agency is licensed pursuant to subsection (3) of this section. The department shall be notified of the owner facility’s retention of the owner’s piping inspector or independent inspection agency.
(b) 1. The department shall develop and make available on the department’s
Web site an application for a license described in this subsection.
2. The application shall require the owner facility to:
a. List all owner’s piping inspectors retained by the facility;
b. List all independent inspection agencies retained by the facility;
and
c. Provide evidence that the facility has employees who hold, or retains a contractor who holds, a license issued under KRS
236.210 for the facility and the facility has general liability insurance through a company permitted to transact insurance in Kentucky.
3. The list of owner’s piping inspectors and independent inspection agencies shall be updated and provided to the department within thirty (30) days of a change.
(c) The department shall issue or deny a license under this subsection within forty-five (45) days of receiving a complete application.
(d) With the application, the applicant shall submit a fee of one thousand dollars ($1,000). If the application is denied by the department, the department shall refund five hundred dollars ($500) of the application fee to the applicant.
(e) An owner facility license shall be issued for a period of two (2) years.
(f) To renew a license the applicant shall submit a completed renewal application no later than sixty (60) days prior to license expiration with a nonrefundable renewal fee of five hundred dollars ($500).
(g) Prior to renewal, the department shall conduct an audit of piping at owner- licensed facilities. The audit shall verify that the piping conforms to standards prescribed by the ASME adopted by the department. An owner facility license shall continue in effect until approved or denied by the department so long as a renewal application is submitted as required by paragraph (f) of this subsection.
(h) Each licensed owner facility shall maintain records of all piping inspections,
including identification of the owner’s piping inspector or independent inspection agency, for a period of five (5) years following the inspection. Records of inspections shall be made available to the department upon request.
(2) An owner’s piping inspector shall be licensed by the department prior to conducting piping inspections, other than for boiler external piping.
(a) The department shall develop and make available on the department’s Web site an application for an owner’s piping inspector license.
(b) The department shall issue or deny a license under this subsection upon review of a completed application demonstrating that the applicant meets the following criteria:
1. For inspections of piping repairs, the applicant is certified as defined under American Petroleum Institute Standard 570, Piping Inspection Code: Inspection, Repair, Alteration, and Rerating of In-Service Piping Systems; or
2. For all other inspections of piping, the applicant qualifies under owner inspection requirements pursuant to ASME piping code B31.1 or B31.3, as applicable, or the applicant holds a commission from the National Board of Boiler and Pressure Vessel Inspectors.
(c) With the application, the applicant shall submit an initial nonrefundable license application fee of one hundred dollars ($100) for a two (2) year license.
(d) The initial license fee may be prorated for not less than thirteen (13) months or more than thirty-six (36) months.
(e) An initial owner’s piping inspector license shall expire on the final day of the applicant’s birth month in the second year following the issue date.
(f) To renew a license, the applicant shall submit a completed renewal application and a nonrefundable renewal fee of fifty dollars ($50) to the department.
(3) Any independent inspection agency that employs licensed owner’s piping inspectors shall be licensed by the department as an independent inspection agency.
(a) The department shall develop and make available on the department’s Web site an independent inspection agency license application.
(b) With the application, the applicant shall submit a fee of one thousand dollars ($1,000) and a list of all owner’s piping inspectors employed by the independent inspection agency. If the application is denied, five hundred dollars ($500) shall be refunded to the applicant.
(c) The list of owner’s piping inspectors employed by the independent inspection agency shall be updated and provided to the department within thirty (30) days of change.
(d) An independent inspection agency license shall be effective for a period of two (2) years following the date of issuance.
(e) To renew a license, the applicant shall submit a completed renewal application
and a nonrefundable renewal fee of five hundred dollars ($500).
(f) Each licensed independent inspection agency shall maintain a record of all piping inspections for a period of five (5) years following the inspection, including identification of the owner’s piping inspectors. Records of inspections shall be made available to the department upon request.
(4) The licensing requirements of this section shall only apply to piping otherwise required to be inspected by a boiler inspector employed by the department pursuant to this chapter.
Effective: July 12, 2012
History: Created 2012 Ky. Acts ch. 14, sec. 10, effective July 12, 2012.
(a) No piping inspections shall be conducted under an owner facility license unless the owner’s piping inspector is licensed pursuant to subsection (2) of this section, or the contracted independent inspection agency is licensed pursuant to subsection (3) of this section. The department shall be notified of the owner facility’s retention of the owner’s piping inspector or independent inspection agency.
Terms Used In Kentucky Statutes 236.097
- ASME: means American Society of Mechanical Engineers. See Kentucky Statutes 236.010
- boiler: shall include fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and are complete within themselves:
(a) "Power boiler" means a boiler in which steam or other vapor is generated at a pressure of more than fifteen (15) pounds per square inch gauge. See Kentucky Statutes 236.010 - Boiler external piping: means boiler piping as defined by ASME. See Kentucky Statutes 236.010
- Boiler inspector: means a duly authorized employee of the department who is charged with the responsibility of inspecting boilers and pressure vessels and with the enforcement of the state boiler laws. See Kentucky Statutes 236.010
- Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Department: means the Department of Housing, Buildings and Construction. See Kentucky Statutes 236.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Independent inspection agency: means a person or company licensed under KRS §. See Kentucky Statutes 236.010
- Month: means calendar month. See Kentucky Statutes 446.010
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Owner facility: means any facility licensed pursuant to KRS §. See Kentucky Statutes 236.010
- Pressure vessel: means a vessel in which the pressure is obtained from an external source or by the application of heat other than those vessels defined in subsection (1) of this section. See Kentucky Statutes 236.010
- Year: means calendar year. See Kentucky Statutes 446.010
(b) 1. The department shall develop and make available on the department’s
Web site an application for a license described in this subsection.
2. The application shall require the owner facility to:
a. List all owner’s piping inspectors retained by the facility;
b. List all independent inspection agencies retained by the facility;
and
c. Provide evidence that the facility has employees who hold, or retains a contractor who holds, a license issued under KRS
236.210 for the facility and the facility has general liability insurance through a company permitted to transact insurance in Kentucky.
3. The list of owner’s piping inspectors and independent inspection agencies shall be updated and provided to the department within thirty (30) days of a change.
(c) The department shall issue or deny a license under this subsection within forty-five (45) days of receiving a complete application.
(d) With the application, the applicant shall submit a fee of one thousand dollars ($1,000). If the application is denied by the department, the department shall refund five hundred dollars ($500) of the application fee to the applicant.
(e) An owner facility license shall be issued for a period of two (2) years.
(f) To renew a license the applicant shall submit a completed renewal application no later than sixty (60) days prior to license expiration with a nonrefundable renewal fee of five hundred dollars ($500).
(g) Prior to renewal, the department shall conduct an audit of piping at owner- licensed facilities. The audit shall verify that the piping conforms to standards prescribed by the ASME adopted by the department. An owner facility license shall continue in effect until approved or denied by the department so long as a renewal application is submitted as required by paragraph (f) of this subsection.
(h) Each licensed owner facility shall maintain records of all piping inspections,
including identification of the owner’s piping inspector or independent inspection agency, for a period of five (5) years following the inspection. Records of inspections shall be made available to the department upon request.
(2) An owner’s piping inspector shall be licensed by the department prior to conducting piping inspections, other than for boiler external piping.
(a) The department shall develop and make available on the department’s Web site an application for an owner’s piping inspector license.
(b) The department shall issue or deny a license under this subsection upon review of a completed application demonstrating that the applicant meets the following criteria:
1. For inspections of piping repairs, the applicant is certified as defined under American Petroleum Institute Standard 570, Piping Inspection Code: Inspection, Repair, Alteration, and Rerating of In-Service Piping Systems; or
2. For all other inspections of piping, the applicant qualifies under owner inspection requirements pursuant to ASME piping code B31.1 or B31.3, as applicable, or the applicant holds a commission from the National Board of Boiler and Pressure Vessel Inspectors.
(c) With the application, the applicant shall submit an initial nonrefundable license application fee of one hundred dollars ($100) for a two (2) year license.
(d) The initial license fee may be prorated for not less than thirteen (13) months or more than thirty-six (36) months.
(e) An initial owner’s piping inspector license shall expire on the final day of the applicant’s birth month in the second year following the issue date.
(f) To renew a license, the applicant shall submit a completed renewal application and a nonrefundable renewal fee of fifty dollars ($50) to the department.
(3) Any independent inspection agency that employs licensed owner’s piping inspectors shall be licensed by the department as an independent inspection agency.
(a) The department shall develop and make available on the department’s Web site an independent inspection agency license application.
(b) With the application, the applicant shall submit a fee of one thousand dollars ($1,000) and a list of all owner’s piping inspectors employed by the independent inspection agency. If the application is denied, five hundred dollars ($500) shall be refunded to the applicant.
(c) The list of owner’s piping inspectors employed by the independent inspection agency shall be updated and provided to the department within thirty (30) days of change.
(d) An independent inspection agency license shall be effective for a period of two (2) years following the date of issuance.
(e) To renew a license, the applicant shall submit a completed renewal application
and a nonrefundable renewal fee of five hundred dollars ($500).
(f) Each licensed independent inspection agency shall maintain a record of all piping inspections for a period of five (5) years following the inspection, including identification of the owner’s piping inspectors. Records of inspections shall be made available to the department upon request.
(4) The licensing requirements of this section shall only apply to piping otherwise required to be inspected by a boiler inspector employed by the department pursuant to this chapter.
Effective: July 12, 2012
History: Created 2012 Ky. Acts ch. 14, sec. 10, effective July 12, 2012.