1. (a) For the interval between internal inspection to be extended as provided for in Texas Health and Safety Code, §755.026, the following procedure must be followed.

   1. (1) Not less than thirty (30) days and not more than sixty (60) days prior to the expiration date of the current certificate of operation, the owner or operator shall submit in a manner prescribed by the department a request for each boiler, stating the desired length of extension, which will be no more than one (1) year from the expiration date of the current certificate of operation, the date of the last internal inspection, and a statement certifying that records are available showing compliance with Texas Health and Safety Code, §755.026, and pay the required fees.
   2. (2) The department shall notify the owner or operator and the inspection agency having jurisdiction of the maximum extension period that may be approved.
   3. (3) Prior to the expiration of the current certificate of operation, the inspection agency shall review all records, make an external inspection, and submit the external inspection report to the department.
   4. (4) Upon completion of paragraphs (1) - (3) and payment of all required fees, a new certificate of operation may be issued for the extended period of operation.
   5. (5) Violations noted during the external inspection may be cause for denial of the extension request.
   6. (6) If the department denies an extension request, the boiler shall be internally inspected prior to the expiration of the certificate of operation, unless authorized in writing to continue operation until an internal inspection can be conducted.

2. (b) An additional extension for up to one hundred twenty (120) days may be allowed as provided for in Texas Health and Safety Code, §755.026, when it is established an emergency exists.

   1. (1) Prior to the expiration date of the current certificate the owner or operator shall submit to the department a request stating an emergency exists with an explanation of the emergency and the date of the last internal inspection. The request shall be submitted along with the inspection agency's external inspection report, confirming compliance with Texas Health and Safety Code, §755.026.
   2. (2) The department shall notify the owner or operator and the inspection agency having jurisdiction of the maximum extension period that may be approved.
   3. (3) Upon completion of paragraphs (1) and (2) and payment of all required fees, a new certificate of operation may be issued for the extended period of operation.

Source Note:The provisions of this §65.64 adopted to be effective January 15, 2018, 43 TexReg 75.