Complaints and Enforcement

Boiler Penalties and Sanctions

Texas Health and Safety Code, Chapter 755
16 Texas Administration Code, Chapter 65

Class A:

1^st Violation, $500 to $3,000

2^nd Violation, $1,500 to $4,000

3^rd Violation, $2,500 to $5,000

Failure to post the certificate of operation for a boiler - 755.029(c)
Failure to have boiler prepared for inspection - 65.20(b)(2), 65.70(h)
Failure of manufacturer to file data reports with the chief inspector and the National Board - 65.50(a)
Failure of any person, firm, or corporation performing a boiler installation to certify compliance by filing a boiler installation report and manufacturer’s data report within 30 days of completion - 65.50(d)
Failure to file report form for all repairs and alterations within 90 days following the repair or alteration - 65.50(g)
Failure to pay inspection/certification fee - 65.80

Class B:

1^st Violation, $1,000 to $3,000

2^nd Violation, $2,000 to $4,000

3^rd Violation, $4,000 to $5,000

Failure to have boiler inspected internally and externally at the time of initial installation and at subsequent intervals - 755.025(a)
Failure to obtain an annual certificate inspection and an annual external inspection (power boilers, unfired steam boilers and steam collection or liberation drums of process steam generators) - 755.025(b), 65.20(1)
Failure to obtain a biennial certificate inspection of steam heating boiler and hot water heating boilers - 755.025(c), 65.20(1)
Failure to obtain a triennial certificate inspection of hot water supply boilers and potable water heaters - 755.025(d), 65.20(1)
Failure to have a portable power boiler inspected externally after relocation and - 755.025(e), 65.20(1)
Failure to have a portable power boiler inspected at least annually - 755.025(e), 65.20(1)
Failure to comply with an order by a regularly employed inspector authorized to enforce this chapter and rules and orders - 755.043(2)
Shipped a portable or stationary nonstandard boiler into the state without approval - 65.70(b)(4)

Class C:

1^st Violation, $2,000 to $4,000

2^nd Violation, $3,000 to $5,000

3^rd Violation, $5,000

Operated an unregistered boiler - 755.021(1), 65.20(c)
Operated a boiler without qualified for a current certificate of operation - 755.021(2)
Failure to notify the chief inspector immediately after a serious accident - 65.50(f)(1)
Removed or disturbed a boiler or its parts after a serious accident before an inspection and investigation has been made by an inspector - 65.50(f)(1)
Failure to allow inspector free access to the boiler and accident area -
Installed a boiler that has not been constructed, inspected, and stamped in conformity with the ASME code and registered with the National Board of Boiler and Pressure Vessel Inspectors - 65.50(f)(2)
Installed a boiler that has not been approved, registered, and inspected in accordance with the requirements of the ASME code and the rules of the National Board of Boiler and Pressure Vessel Inspectors - 65.70(a)(1)
Failure to install a boiler in accordance with the requirements of the ASME code and the boiler rules - 65.70(a)(1)
Failure to follow requirements for maximum allowable working pressure - 65.70(a)(3)
Failure to follow boiler age-limit requirements - 65.70(b)
Failure of a moved and reinstalled boiler’s fittings and appliances to comply with ASME code - 65.70(b)(5)65.70(b)
Failure of a boiler in operation to be under the supervision of and checked at suitable intervals by a competent attendant - 65.70(c)
Removed safety appliances or replaced appliances which were not in proper working order - 65.70(g)

Class D:

1^st Violation, $5,000

2^nd Violation, $5,000

3^rd Violation, $5,000

Failure to comply with previous order of the Commission or Executive Director - 755.043(2),
65.90
Failed to pay the Department for a dishonored check - 60.82

Class A:

1^st Violation, Reprimand to $3,000 and/or up to 6-month probated suspension

2^nd Violation, $1,500 to $4,000 plus 1-year probated suspension to 1-year full suspension

3^rd Violation,$1,500 to $4,000 plus 1-year probated suspension to 1-year full suspension

Failure of inspection agency to file report not later than the 30th day from boiler inspection date - 755.027 (a), 65.20(c)(1)(B), 65.20(c)(2)(B), 65.50(c)
Failure of inspection agency to notify the executive director in writing with required language of the cancellation or expiration of an insurance policy - 755.027(c)
Failure of inspection agency to register a boiler within 30 days of the owner or operator notification - 65.20(c)(1)(A)
Failure of inspection agency to notify the chief inspector of all boiler risks or inspection agreements written , canceled, or not renewed 30 days of the effective date - 65.50(b)
Failure to return identifying commission card to the chief inspector when the inspector is no longer in the inspection agency’s employ - 65.60(2)(A)
Failure to follow restamping and nameplate replacement requirements - 65.70(i)

Class B:

1^st Violation, $1,000 to $3,000 and/or 1-year probated suspension up to revocation

2^nd Violation, $2,000 to $4,000 plus 1-year probated suspension to revocation

3^rd Violation, $4,000 to $5,000 plus revocation

Failure of an authorized inspector to obtain a commission as a boiler inspector from the executive director - 755.024(a)
Failure of an authorized inspector to be continuously employed by an inspection agency - 755.024(a)
Failure to notify the chief inspector immediately of all boiler risks rejected or suspended or inspection agreements canceled or not renewed because of unsafe conditions - 65.50(b)
Failure to follow requirements regarding assignment of boiler numbers and identification - 65.60(c)
Failure to follow requirements regarding condemned boilers - 65.60(d)
Inspector exhibited incompetence or untrustworthiness - 65.90(c)(1)
Willful falsification of an inspection report - 65.90(c)(1)

Class C:

1^st Violation, Revocation

2^nd Violation, Revocation

3^rd Violation, Revocation

Failure to comply with previous order of the commission/Executive Director - 755.043(2), 65.90
Obtained an inspector commission by fraud or false representation - 65.90(c)(1)
Failed to pay the Department for a dishonored check - 60.82