Kentucky Statutes 236.990 – Penalties
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(1) It shall be unlawful for any person, firm, partnership, or corporation to operate in this state a boiler or pressure vessel without a valid certificate of inspection. The operation of a boiler or pressure vessel without a valid certificate, or at a pressure exceeding that specified in an inspection certificate, shall constitute a Class B misdemeanor on the part of the owner, user, or operator. Each day of unlawful operation shall constitute a separate offense.
(2) Any person who violates any provision of KRS § 236.040(1); 236.080(4);
For details, see § 532.090
236.110(1), (4) and (5); 236.210(1); 236.220(1); 236.240(1) and (2);
236.250(1); or any proper order or administrative regulation made or promulgated thereunder; or who hinders or obstructs an authorized inspector in the performance of his or her duties under this chapter, shall be subject to the penalties in subsection (1) of this section.
(3) Any person who willfully violates any provision of this chapter, or any administrative regulation, emergency order, order of the state fire marshal, order of an authorized deputy state fire marshal, order of the chief boiler inspector, or order of any authorized boiler inspector, promulgated or made pursuant to this chapter, shall be subject to suspension or revocation of any appointment, commission, certification, registration, license, or permit made or issued by the department and held by that person, in accordance with the procedures specified in KRS § 236.220, or in lieu of a suspension or revocation, shall be subject to an administrative fine of not less than ten dollars ($10) and not exceeding five hundred dollars ($500) after notice and hearing by the department in accordance with KRS § 236.220. Each day these violations exist shall, in the discretion of the department, be considered as a separate violation.
(4) As an aid to enforcement of this chapter, or of any administrative regulation or order relating thereto, the department or chief boiler inspector may take any administrative action or bring any authorized legal action designed to prevent or correct any condition constituting or threatening to constitute a violation of any provision of this chapter.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 169, sec. 101, effective June 29, 2017. — Amended 2012 Ky. Acts ch. 14, sec. 19, effective July 12, 2012. — Amended
2010 Ky. Acts ch. 24, sec. 532, effective July 15, 2010. — Amended 1996 Ky. Acts ch. 318, sec. 157, effective July 15, 1996. — Amended 1980 Ky. Acts ch.
207, sec. 21 and 22, effective July 15, 1980. — Created 1962 Ky. Acts ch. 89, sec. 13.
(2) Any person who violates any provision of KRS § 236.040(1); 236.080(4);
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B misdemeanor | up to 90 days | up to $250 |
Terms Used In Kentucky Statutes 236.990
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Administrative regulation: means an administrative regulation adopted by the department and filed and approved in accordance with KRS Chapter 13A that is designed to ensure the safety of boilers and pressure vessels that affects or may affect property rights of a designated class of owners, or designed for the prevention of loss or damage to property, loss of life, or personal injury from boiler or pressure vessel explosion or from certain indicated hazards related thereto. 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 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
- Chief boiler inspector: means the person employed by the department who shall serve as the boiler section supervisor within the Division of Plumbing. See Kentucky Statutes 236.010
- Department: means the Department of Housing, Buildings and Construction. See Kentucky Statutes 236.010
- emergency order: means an order of the department, chief boiler inspector, or boiler inspector issued in accordance with this chapter for the
prevention of:
(a) Loss or damage to property. See Kentucky Statutes 236.010 - firm: means any individual, firm, partnership, or corporation. See Kentucky Statutes 236.010
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- 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
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
236.110(1), (4) and (5); 236.210(1); 236.220(1); 236.240(1) and (2);
236.250(1); or any proper order or administrative regulation made or promulgated thereunder; or who hinders or obstructs an authorized inspector in the performance of his or her duties under this chapter, shall be subject to the penalties in subsection (1) of this section.
(3) Any person who willfully violates any provision of this chapter, or any administrative regulation, emergency order, order of the state fire marshal, order of an authorized deputy state fire marshal, order of the chief boiler inspector, or order of any authorized boiler inspector, promulgated or made pursuant to this chapter, shall be subject to suspension or revocation of any appointment, commission, certification, registration, license, or permit made or issued by the department and held by that person, in accordance with the procedures specified in KRS § 236.220, or in lieu of a suspension or revocation, shall be subject to an administrative fine of not less than ten dollars ($10) and not exceeding five hundred dollars ($500) after notice and hearing by the department in accordance with KRS § 236.220. Each day these violations exist shall, in the discretion of the department, be considered as a separate violation.
(4) As an aid to enforcement of this chapter, or of any administrative regulation or order relating thereto, the department or chief boiler inspector may take any administrative action or bring any authorized legal action designed to prevent or correct any condition constituting or threatening to constitute a violation of any provision of this chapter.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 169, sec. 101, effective June 29, 2017. — Amended 2012 Ky. Acts ch. 14, sec. 19, effective July 12, 2012. — Amended
2010 Ky. Acts ch. 24, sec. 532, effective July 15, 2010. — Amended 1996 Ky. Acts ch. 318, sec. 157, effective July 15, 1996. — Amended 1980 Ky. Acts ch.
207, sec. 21 and 22, effective July 15, 1980. — Created 1962 Ky. Acts ch. 89, sec. 13.