1. (a) To be eligible for a certificate of operation, the following requirements must be met:

   1. (1) compliance with new boiler installation §65.200;
   2. (2) completion and submission of the applicable inspection report;
   3. (3) required repairs completed;
   4. (4) payment of fees under §65.300; and
   5. (5) payment of due or past-due invoices associated with the boiler.
2. (b) If the boiler has not been registered with the National Board, the owner or operator may apply to the department for a variance.

3. (c) Non-code boilers may not be installed or operated without written authorization from the department.

   1. (1) Non-code boilers, if installed without written authorization from the department, must be completely replaced to ensure the complete boiler meets or exceeds ASME code and this chapter.
   2. (2) Installing code compliant parts onto a non-code boiler does not make a non-code boiler ASME code compliant.

Source Note:The provisions of this §65.15 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective January 15, 2018, 43 TexReg 75; amended to be effective February 15, 2019, 44 TexReg 583; amended to be effective December 1, 2024, 49 TexReg 9511.