(a) A person shall be deemed to be in violation of the provisions of this chapter who:
Terms Used In Rhode Island General Laws 28-25-16
- Boiler: means a closed vessel in which water or other liquid is heated, steam or vapor generated, steam is superheated, or in which any combination of these functions is accomplished, under pressure or vacuum, for use externally to itself, by the direct application of energy from the combustion of fuels or from electricity or nuclear energy. See Rhode Island General Laws 28-25-1.
- Department: means the department of labor and training. See Rhode Island General Laws 28-29-2.
- Imminent danger: means a condition or practice which could reasonably be expected to cause death or serious physical harm immediately or before the danger can be eliminated through normal enforcement procedures. See Rhode Island General Laws 28-25-1.
- Owner: means any person owning, operating, or in charge or control of any boiler or pressure vessel as defined in this section including the chief administrative officer in the private or public sector. See Rhode Island General Laws 28-25-1.
- person: extends to and includes co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6.
- 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 subdivision (7) of this section. See Rhode Island General Laws 28-25-1.
(1) Refuses to have inspected any boiler or pressure vessel requiring inspection under the provisions of this chapter;
(2) Permits any boiler or pressure vessel to operate at a greater pressure than is allowed by the certificate;
(3) Uses any boiler or pressure vessel requiring inspection under the provisions of this chapter before a certificate is issued;
(4) Uses any boiler or pressure vessel after its certificate expires;
(5) Uses any boiler or pressure vessel newly erected or installed before a certificate is furnished by the division; or
(6) Refuses to allow the inspector free access to any boiler or pressure vessel at any reasonable time whether or not the boiler or pressure vessel is subjected to inspection under the provisions of this chapter.
(b)(1) In the event the administrator has reason to believe that the condition of a boiler or pressure vessel threatens physical harm or imminent danger to the community, then the administrator is authorized to prohibit the use of the boiler or pressure vessel by appropriate means after written notification of the nature of the violation and repairs required is presented to the owner, engineer, or other person in charge of the boiler or pressure vessel.
(2)(i) Failure to comply with an order constitutes a violation and is subject to a fine not to exceed five hundred dollars ($500) for each violation imposed by the department of labor and training on the owner/user.
(ii) Each day a violation is continued constitutes a separate offense.
(P.L. 1919, ch. 1770, § 10; G.L. 1923, ch. 94, § 11; G.L. 1938, ch. 297, § 10; G.L. 1956, § 28-25-14; P.L. 1985, ch. 508, § 1.)