1. (a) To be eligible for a certificate of operation each boiler must meet the following:

   1. (1) comply with §65.200;
   2. (2) have a completed first inspection report;
   3. (3) if necessary, complete required repairs; and
   4. (4) pay the fees required under §65.300.
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, 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.