1. (a) Inspector's duties. Inspectors shall be regularly employed as an inspector and shall not engage in the sale of any article or device relating to boilers, pressure vessels, or other appurtenances.

2. (b) Commissions.

   1. (1) Deputy inspectors.

      1. (A) A commission as a deputy inspector and an identifying commission card shall be issued by the executive director to an inspector who has successfully passed the examination as set forth in §65.20(g) of this title (relating to Licensing/Certification/Registration Requirements). The identifying commission card shall be returned to the chief inspector when the inspector to whom the commission was issued is no longer employed by the department.
      2. (B) If a commission and/or identifying commission card is lost or destroyed, a replacement shall be issued without examination upon request.
      3. (C) Annual renewal of a commission shall be accomplished by the department and a new identifying commission card will be issued.
      4. (D) In lieu of the examination provided for in §65.20(g) of this title (relating to Licensing/Certification/Registration Requirements), a commission may be issued to an inspector holding a certificate of competency as an inspector of boilers and pressure vessels for a jurisdiction that has a standard written examination substantially equal to that of the State of Texas.

   2. (2) Authorized inspector.

      1. (A) Upon the request of a boiler insurance company, authorized to do business in this state, a commission as an authorized inspector and an identifying commission card shall be issued by the executive director to an inspector in the employ of such insurance company provided the inspector has successfully passed the examination as set forth in §65.20(g) of this title (relating to Licensing/Certification/Registration Requirements). The identifying commission card shall be returned to the chief inspector when the inspector to whom the commission was issued is no longer in its employ. An inspector, commissioned as provided in this section, shall be entitled to another commission upon leaving the employ of one insurance company authorized to insure boilers in this state and entering the employ of another such company without examination, provided the executive director is notified immediately of such reemployment and provided that a commission reinstatement fee and new application are submitted.
      2. (B) If a commission and/or identifying commission card is lost or destroyed, a replacement shall be issued without examination upon request and receipt of the replacement fee as stated in §65.80(c) of this title (relating to fees).
      3. (C) Annual renewal of a commission is required and shall be received by the department not less than 30 days prior to the expiration date. Upon receipt of a written request and the renewal fee as stated in §65.80(c) of this title (relating to fees), a new identifying commission card will be issued.
      4. (D) In lieu of the examination provided for in §65.20(g) of this title (relating to Licensing/Certification/Registration Requirements), a commission may be issued to an inspector holding a certificate of competency as an inspector of boilers and pressure vessels for a jurisdiction that has a standard written examination substantially equal to that of the State of Texas.
      5. (E) Written requests for new issuances, renewals, or reinstatements will specify if the scope of work to be performed will be ASME code inspections only, inservice inspections only, or both.
      6. (F) When a request is for new issuance or reinstatement as described in §65.20(g)(2)(A)(i) and (ii) of this title (relating to Licensing/Certification/Registration Requirements), the inspector will attend a mandatory indoctrination period of one and one-half days prior to issuance of the commission.

3. (c) Assignment of boiler numbers and identification.

   1. (1) Texas boiler numbers shall be issued as a decal to all inspection agencies and deputy inspectors as requested in writing. Only numbers issued by the chief inspector shall be assigned to boilers. Only the official decal and corrosion-resistant metal tags supplied by the chief inspector may be used. Only one Texas boiler number shall be assigned to a boiler. Reassignment of Texas boiler numbers shall be made with the approval of the chief inspector.
   2. (2) During the first inspection of all boilers, the inspector shall stamp, except as provided for in paragraphs (3) and (4) of this subsection, the Texas boiler number as near to the original American Society of Mechanical Engineers (ASME) code symbol stamping and required information as practicable. All numbers shall be given on the first inspection report, including the National Board registration number and manufacturer's serial number. The stamping shall consist of the letters "TX" and directly below the TX shall be stamped the Texas boiler number with a five point star stamped immediately adjacent to the first and last digit of the Texas boiler number. All stamping shall be accomplished by low stress steel dies 5/16 inch high. The stamping shall be arranged as shown in Exhibit 3. In addition, the corrosion-resistant metal tag shall be applied, as permanently as practicable, to the external jacket or other covering where the surface temperature exceeds 200 degrees Fahrenheit, or the Texas boiler number decal shall be applied where the surface does not exceed 200 degrees Fahrenheit. The tag or decal shall be located on the boiler so that identification is easily obtained from the most accessible operating control side or information label side.
   3. (3) Potable water heaters ASME code symbol stamped HLW, cast iron sectional boilers, water tube boilers with cast headers, and other types of boilers that will be damaged by direct impression stamping are exempt from the stamping requirements of paragraph (2) of this subsection. These boilers shall be identified with the Texas boiler number decal or corrosion-resistant tag.
   4. (4) Portable or stationary nonstandard boilers shall be identified by the Texas boiler number as described in paragraph (2) of this subsection with an exception that the Texas boiler number decal shall not be applied. The letters "TEXAS SPECIAL" or "TX SPCL" shall identify portable or stationary nonstandard boilers and shall be stamped directly above the Texas boiler number.
   5. (5) The Texas boiler number or other boiler identifying numbers shall not be concealed by lagging or paint.
   6. (6) No person except the chief inspector or deputy inspector shall deface or remove such numbers, except as approved by the chief inspector.

4. (d) Condemned boilers.

   1. (1) Any boiler, stamped or identified with the corrosion-resistant metal tag, having been inspected and declared unsafe by the chief inspector or deputy inspector, shall be stamped by the inspector with an X on the star on either side of the Texas boiler number, as shown by the following facsimile, which will designate a condemned boiler: TX X123456X
   2. (2) Any boiler, identified with the Texas boiler number decal, having been inspected and declared unsafe by the chief inspector or deputy inspector, shall be altered by the inspector by removing the star on either side of the Texas boiler number, as shown in Exhibit 4. This will designate a condemned boiler.
5. (e) General safety. If, in the judgment of the inspector, a boiler is unsafe for operation at the pressure previously approved, the pressure shall be reduced and proper repair made, or the boiler shall be removed from service.
6. (f) Conditions not covered by rules. All conditions not specifically covered by these requirements shall be treated as new installations or be referred to the chief inspector for instruction.

7. (g) Interagency requirements. The department shall provide for those inspectors described in §65.50(g) of this title (relating to Reporting Requirements) the following:

   1. (1) current copies of the boiler rules;
   2. (2) training in the recognition of unregistered or unsafe boilers;
   3. (3) forms to identify, as a minimum, the owner/operator, location, number, and types of boilers; and
   4. (4) current roster of the department's headquarters and regional enforcement staff.

Source Note:The provisions of this §65.60 adopted to be effective November 15, 1989, 14 TexReg 5783; amended to be effective October 20, 1992, 17 TexReg 6896; amended to be effective March 1, 1998, 23 TexReg 1564; amended to be effective July 20, 1999, 24 TexReg 5467; amended to be effective December 1, 2003, 28 TexReg 10452.