2006 Minnesota Statutes

CHAPTER 183. BOILERS

183.001 ADMINISTRATION, PENALTIES.
The commissioner of the Department of Labor and Industry shall administer chapter 183. In
addition to the remedies provided for violations of this chapter, the commissioner may impose a
penalty of up to $1,000 for a violation of any provision of this chapter.
History: 1989 c 303 s 2

183.02 DEFINITIONS.
    Subdivision 1. Scope. When used in this chapter, the terms defined in this section have
the meanings given them.
    Subd. 2. Commissioner. "Commissioner" means the commissioner of the Department of
Labor and Industry.
    Subd. 3. Department. "Department" means the Department of Labor and Industry.
    Subd. 4. Inland waters. "Inland waters" means navigable bodies of water within the
boundaries of this state, excluding boundary lakes and boundary rivers.
History: 1989 c 303 s 3; 2006 c 281 art 4 s 9

183.022 [Renumbered 16B.741]

183.05 [Repealed, 1973 c 732 s 27]

183.06 [Repealed, 1973 c 732 s 27]

183.07 [Repealed, 1973 c 732 s 27]

183.08 [Repealed, 1973 c 732 s 27]

183.09 [Repealed, 1973 c 732 s 27]

183.10 [Repealed, 1973 c 732 s 27]

183.11 [Repealed, 1973 c 732 s 27]

183.12 [Repealed, 1973 c 732 s 27]

183.13 [Repealed, 1973 c 732 s 27]

183.14 [Repealed, 1973 c 732 s 27]

183.15 [Repealed, 1973 c 732 s 27]

183.16 [Repealed, 1973 c 732 s 27]

183.17 [Repealed, 1973 c 732 s 27]

183.18 [Repealed, 1973 c 732 s 27]

183.19 [Repealed, 1973 c 732 s 27]

183.20 [Repealed, 1973 c 732 s 27]

183.21 [Repealed, 1973 c 732 s 27]

183.22 [Repealed, 1973 c 732 s 27; 1976 c 2 s 168]

183.23 [Repealed, 1973 c 732 s 27]

183.24 [Repealed, 1973 c 732 s 27]

183.25 [Repealed, 1973 c 732 s 27]

183.26 [Repealed, 1973 c 732 s 27]

183.27 [Repealed, 1973 c 732 s 27]

183.28 [Repealed, 1973 c 732 s 27]

183.29 [Repealed, 1973 c 732 s 27]

183.30 [Repealed, 1973 c 732 s 27]

183.31 [Repealed, 1973 c 732 s 27]

183.32 [Repealed, 1973 c 732 s 27]

183.33 [Repealed, 1973 c 732 s 27]

183.34 [Repealed, 1973 c 732 s 27]

183.35 [Repealed, 1955 c 561 s 6]

183.351 [Renumbered 16B.74]

183.352 [Renumbered 16B.742]

183.353 [Renumbered 16B.743]

183.354 [Renumbered 16B.744]

183.355 [Renumbered 16B.745]

183.356 [Renumbered 16B.746]

183.357 [Renumbered 16B.747]

183.358 [Renumbered 16B.748]

183.36 [Repealed, 1955 c 561 s 6]

183.37 [Repealed, 1955 c 561 s 6]

183.375 DIVISION OF BOILER INSPECTION.
    Subdivision 1. Management of division. The Department of Labor and Industry, Division of
Boiler Inspection, is hereby continued under the management, supervision, and control of the
Department of Labor and Industry.
    Subd. 2. Chief of division. Subject to the provisions of chapter 43A, the commissioner
shall appoint a chief and may appoint a deputy chief of the Division of Boiler Inspection. The
appointee shall be a qualified steam engineer with at least ten years of operation experience as
such and shall be licensed as a chief Grade A engineer in this state and shall possess a current
commission issued by the National Board of Boiler and Pressure Vessel Inspectors. Inspectors
employed in the Division of Boiler Inspection or employed as an authorized inspector by a
qualified insurance company insuring boilers and pressure vessels in Minnesota may utilize up to
five years of equivalent experience as inspectors, in satisfying the requirement of ten years of
experience as steam engineers for the chief and deputy chief positions.
    Subd. 3. Inspectors. The department may employ such inspectors and other persons as are
necessary to efficiently perform the duties and exercise the powers imposed upon the Division
of Boiler Inspection.
    Subd. 4. Powers and duties. Subject to the provisions of chapter 43A, the department shall
prescribe the duties of the Division of Boiler Inspection.
    Subd. 5. Fees. All fees collected by the Division of Boiler Inspection shall be paid into the
state treasury in the manner provided by law for fees received by other state departments and
credited to the general fund.
    Subd. 6. Reports and notices. All reports and notices heretofore required by law to be
made or given to the Board of Boiler Inspectors, or the chief boiler inspector shall be made
or given to the department.
History: (4203, 4204, 4207, 4208) 1921 c 83 s 1,2,5,6; 1957 c 503 s 2; 1965 c 303 s 1;
Ex1967 c 1 s 6; 1969 c 399 s 49; 1981 c 210 s 54; 1982 c 379 s 1; 1983 c 301 s 155; 1987 c 70 s
1; 1994 c 421 s 1; 1996 c 305 art 3 s 24; 1999 c 250 art 3 s 23

183.38 BOILER INSPECTOR; INSPECTIONS; EXAMINATIONS; LICENSES.
    Subdivision 1. All boilers inspected. The Division of Boiler Inspection shall inspect
all boilers and pressure vessels in use not expressly excepted from such inspection by law.
Immediately upon inspection the Division of Boiler Inspection shall issue a certificate of
inspection therefor or a certificate condemning the boiler or pressure vessel and shall seal it.
Forms for these licenses and certificates shall be prepared and furnished by the commissioner.
The Division of Boiler Inspection shall examine all applicants for engineer's licenses. The chief
of the Division of Boiler Inspection shall issue such license to an applicant as the examination
shall show the applicant is entitled to receive.
    Subd. 2. Inspector's examination. For the purpose of examining applicants for license the
chief of the Division of Boiler Inspection or the deputy chief shall fix and determine a time and
place for the examinations, and give notice to all applicants of the time and place. The chief
or the deputy chief shall grant and sign such license certificates as applicants are entitled to
receive upon examination. Applicants may be examined and issued certificates of competency
as inspectors of boilers and pressure vessels.
History: (5474) RL s 2168; 1919 c 240 s 1; 1927 c 378; 1957 c 503 s 3; 1982 c 379 s 2;
1992 c 464 art 1 s 26

183.39 PERSONS ELIGIBLE.
    Subdivision 1. Requirements. Each boiler inspector shall be a person of good moral
character, shall be licensed in this state as a chief grade A engineer, and must hold a national
board commission as a boiler inspector within 12 months of being employed as a boiler inspector
by the department. An inspector shall not be interested in the manufacture or sale of boilers
or steam machinery or in any patented article required or generally used in the construction
of engines or boilers or their appurtenances.
    Subd. 2.[Repealed, 1982 c 379 s 27]
History: (5475) RL s 2169; 1957 c 503 s 4; 1974 c 161 s 11; 1982 c 379 s 3

183.40 [Repealed, 1957 c 503 s 24]

183.41 BOATS; RULES.
    Subdivision 1. Boat. "Boat" means any boat or vessel propelled by mechanical power used
and operated for carrying passengers for hire on any inland waters of the state.
    Subd. 2. Inspection rules. The department shall prescribe rules for the inspection of the
hulls, machinery, boilers, steam connections, fire fighting apparatus, life saving appliances and
equipment of all power boats navigating the inland waters of the state, which shall conform to the
requirements and specifications of the United States Coast Guard as provided in Code of Federal
Regulations, title 46, in similar cases; these rules shall have the force of law.
    Subd. 3. Number of passengers. The department shall designate the number of passengers
that each boat may safely carry, and no such boat shall carry a greater number than is allowed by
the inspector's certificate.
    Subd. 4. Annual permit. The commissioner shall issue an annual permit to a boat for the
purpose of carrying passengers for hire on the inland waters of the state provided the boat satisfies
the inspection requirements of this section. A boat subject to inspection under this chapter shall
be registered with the Division of Boiler Inspection and shall be inspected before a permit may
be issued.
History: (5477) RL s 2171; 1957 c 503 s 5; Ex1967 c 1 s 6; 1982 c 379 s 4; 1985 c 248 s
70; 1Sp2005 c 1 art 4 s 42

183.411 STEAM FARM TRACTION ENGINES; SHOW BOILERS AND ENGINES.
    Subdivision 1. Definition. For the purpose of this chapter, the terms "show boiler" and
"hobby boiler" are synonymous and mean a boiler that is used only for display and demonstration
purposes. In recognition of the historical significance of show boilers in maintaining a working
reminder of Minnesota's agricultural, transportation, and lumber industries, show boilers and
engines are considered to be historical artifacts.
    Subd. 1a.[Repealed, 1994 c 402 s 2]
    Subd. 2. Inspection. When used for display and demonstration purposes, steam farm traction
engines, portable and stationary show engines and portable and stationary show boilers shall be
inspected every two years according to law.
(a) Show boilers or engines not certified in Minnesota shall be inspected thoroughly by a
boiler inspector certified to inspect boilers in Minnesota, using inspection standards in paragraph
(b), before being certified for use in Minnesota.
(b) Standards for inspection of show boilers shall be those established by the National Board
Inspection Code ANSI/NB23 and by the rules adopted by the Department of Labor and Industry,
Division of Boiler Inspection, and as follows:
(1) the boiler shall be subjected to the appropriate method of nondestructive examination, at
the owner's expense, as deemed necessary by the boiler inspector to determine soundness and
safety of the boiler;
(2) the boiler shall be tested by ultrasonic examination for metal thickness (for purposes
of calculating the maximum allowable working pressure the thinnest reading shall be used and
a safety factor of six shall be used in calculating maximum allowable working pressure on all
non-ASME-code hobby and show boilers); and
(3) repairs and alterations made to show boilers must be made pursuant to section 183.466.
(c) Further each such object shall successfully complete an inspection of:
(1) the fusible plug;
(2) the safety valve, which must be of American Society of Mechanical Engineers' approved
design and set at the maximum allowable working pressure and sealed in an appropriate manner
not allowing tampering with the valve setting without destroying the seal; and
(3) the boiler power piping.
Any longitudinal cracks found in riveted longitudinal seams requires that the vessel be
sealed and not approved for use in Minnesota. If the boiler or show engine is jacketed, the jacket
must be removed prior to inspection.
    Subd. 2a. Inspection fees. The fee for inspecting traction engines, show boilers, and show
engines shall be the hourly rate pursuant to section 183.545, subdivision 3a.
    Subd. 3. Licenses. A license to operate steam farm traction engines, portable and stationary
show engines and portable and stationary show boilers shall be issued to an applicant who:
(1) is 18 years of age or older;
(2) has a licensed second class or higher class engineer or steam traction (hobby) engineer
sign the affidavit attesting to the applicant's competence in operating said devices;
(3) passes a written test for competence in operating said devices;
(4) has at least 25 hours of actual operating experience on said devices; and
(5) pays the required fee.
A license shall be valid for the lifetime of the licensee. A onetime fee pursuant to section
183.545, subdivision 4, shall be charged for the license.
    Subd. 4. Exemption. Any licensed steam engineer may operate steam farm traction engines,
portable and stationary show engines and portable and stationary show boilers, subject to the
apparatus and horsepower restrictions set forth in the license, without obtaining a license under
subdivision 3.
    Subd. 5. Licensed operator; presence required. An operator licensed under this section
must be present when a traction engine, portable or stationary show engine, or portable or
stationary show boiler is in operation and a member of the public is present.
History: 1980 c 601 s 1; 1981 c 38 s 1; 1983 c 301 s 156; 1986 c 444; 1987 c 70 s 2,3; 1988
c 719 art 19 s 2-4; 1991 c 331 s 1; 1994 c 402 s 1; 1996 c 305 art 3 s 25,26; 1997 c 38 s 1-3;
1Sp2005 c 1 art 4 s 43,44

183.42 INSPECTION AND REGISTRATION.
    Subdivision 1. Inspection. Every owner, lessee, or other person having charge of boilers or
pressure vessels subject to inspection under this chapter shall cause them to be inspected by the
Division of Boiler Inspection. Boilers subject to inspection under this chapter must be inspected
at least annually and pressure vessels inspected at least every two years except as provided under
section 183.45. The commissioner shall assess a $250 penalty per applicable boiler or pressure
vessel for failure to have the inspection required by this section and may seal the boiler or pressure
vessel for refusal to allow an inspection as required by this section.
    Subd. 2. Registration. Every owner, lessee, or other person having charge of boilers or
pressure vessels subject to inspection under this chapter shall register said objects with the
Division of Boiler Inspection. The registration shall be renewed annually and is applicable to each
object separately. The fee for registration of a boiler or pressure vessel shall be pursuant to section
183.545, subdivision 10. The Division of Boiler Inspection may issue a billing statement for each
boiler and pressure vessel on record with the division, and may determine a monthly schedule of
billings to be followed for owners, lessees, or other persons having charge of a boiler or pressure
vessel subject to inspection under this chapter.
    Subd. 3. Certificate of registration. The Division of Boiler Inspection shall issue a
certificate of registration that lists the boilers and pressure vessels at the location, expiration
date of the certificate of registration, last inspection date of each boiler and pressure vessel, and
maximum allowable working pressure for each boiler and pressure vessel. The commissioner
may make an electronic certificate of registration available to be printed by the owner, lessee,
or other person having charge of the boiler or pressure vessel.
History: (5478) RL s 2172; 1957 c 503 s 6; 1982 c 379 s 5; 1987 c 70 s 4; 1989 c 71 s
1; 1Sp2005 c 1 art 4 s 45

183.43 [Repealed, 1957 c 503 s 24]

183.44 EXAMINATIONS; RULES; LICENSING, REVOCATIONS.
    Subdivision 1. Masters. The commissioner or the commissioner's designee shall examine
all masters of boats and vessels carrying passengers for hire on the inland waters of the state as
to their qualifications and fitness. If found qualified and competent to perform their duties as a
master of a boat carrying passengers for hire, they shall be issued a license authorizing them to
act as such on the inland waters of the state. The license shall be renewed annually. Fees for
the original issue and renewal of the license authorized under this section shall be pursuant
to section 183.545, subdivision 2.
    Subd. 2. Rules. The Division of Boiler Inspection shall make such rules for inspection and
operation of boats subject to inspection under this chapter, boilers and pressure vessels, the
licensing of engineers and pilots, and the navigation of any such boat or vessel as will require
their operation without danger to life or property.
    Subd. 3. Suspension, revocation. The Division of Boiler Inspection may suspend or revoke
the license of any master, pilot or engineer found under the influence of drugs or alcohol when
on duty or who otherwise disregards the provisions of sections 183.375 to 183.62 or any rule
promulgated thereunder.
History: (5480) RL s 2174; 1919 c 240 s 2; 1957 c 503 s 7; 1982 c 379 s 6; 1Sp2005 c 1
art 4 s 46

183.45 INSPECTION.
    Subdivision 1. Inspection requirements. All boilers and steam generators must be inspected
by the Division of Boiler Inspection before they are used and all boilers must be inspected at
least once each year thereafter except as provided under subdivision 2. Inspectors may subject
all boilers to hydrostatic pressure or hammer test, and shall ascertain by a thorough internal and
external examination that they are well made and of good and suitable material; that the openings
for the passage of water and steam, respectively, and all pipes and tubes exposed to heat, are
of proper dimensions and free from obstructions; that the flues are circular in form; that the
arrangements for delivering the feed water are such that the boilers cannot be injured thereby;
and that such boilers and their connections may be safely used without danger to life or property.
Inspectors shall ascertain that the safety valves are of suitable dimensions, sufficient in number,
and properly arranged, and that the safety valves are so adjusted as to allow no greater pressure
in the boilers than the amount prescribed by the inspector's certificate; that there is a sufficient
number of gauge cocks, properly inserted, to indicate the amount of water, and suitable gauges
that will correctly record the pressure; and that the fusible metals are properly inserted where
required so as to fuse by the heat of the furnace whenever the water in the boiler falls below its
prescribed limit; and that provisions are made for an ample supply of water to feed the boilers at
all times; and that means for blowing out are provided, so as to thoroughly remove the mud and
sediment from all parts when under pressure.
    Subd. 2. Qualifying boiler. (a) "Qualifying boiler" means a boiler of 200,000 pounds per
hour or more capacity which has an internal continuous water treatment program approved by
the department and which the chief boiler inspector has determined to be in compliance with
paragraph (c).
(b) A qualifying boiler must be inspected at least once every 24 months internally and
externally while not under pressure and at least once every 18 months externally while under
pressure. If the inspector considers it necessary to conduct a hydrostatic test to determine the
safety of a boiler, the test must be conducted under the direction of the owner, contractor, or user
of the equipment under the supervision of an inspector.
(c) The owner of a qualifying boiler must keep accurate records showing the date and
actual time the boiler is out of service, the reason or reasons therefor, and the chemical physical
laboratory analysis of samples of the boiler water taken at regular intervals of not more than
48 hours of operation which adequately show the condition of the water, and any elements or
characteristics of the water capable of producing corrosion or other deterioration of the boiler
or its parts.
(d) If an inspector determines there are substantial deficiencies in equipment or in boiler water
treatment operating procedures, inspections of a qualifying boiler may be required once every 12
months until the chief boiler inspector finds that the substantial deficiencies have been corrected.
History: (5481) RL s 2175; 1957 c 503 s 8; 1982 c 379 s 7; 1989 c 71 s 2

183.46 TESTS.
In subjecting both high and low pressure boilers and pressure vessels to the hydrostatic test,
and to determine the safe allowable working pressure, the inspector shall use the latest approved
formula of the American Society of Mechanical Engineers Code.
History: (5482) RL s 2176; 1957 c 503 s 9; 1982 c 379 s 8

183.465 STANDARDS OF INSPECTION.
The engineering standards of boilers and pressure vessels for use in this state shall be that
established by the current edition of the construction, operation and care of, in-service inspection
and testing, and controls and safety devices codes of the American Society of Mechanical
Engineers and amendments thereto and the rules of the Division of Boiler Inspection adopted by
the Department of Labor and Industry.
History: 1957 c 503 s 10; Ex1967 c 1 s 6; 1969 c 1149 s 1; 1973 c 238 s 1; 1982 c 379 s 9

183.466 STANDARDS OF REPAIRS.
The rules for repair of boilers and pressure vessels for use in this state shall be those
established by the National Board of Boiler and Pressure Vessel Inspectors inspection code and
the rules of the Division of Boiler Inspection adopted by the Department of Labor and Industry.
History: 1982 c 379 s 10; 1988 c 719 art 19 s 5

183.47 [Repealed, 1957 c 503 s 24]

183.48 SPECIAL EXAMINATION.
At any time the inspector deems it necessary an examination shall be made of any boiler
or pressure vessel which there is reason to believe has become unsafe, and notify the owners or
operators thereof of any defect therein, and what repairs are necessary. Such boiler or pressure
vessel shall not thereafter be used until so repaired. Boilers found to be operated by unlicensed
or improperly licensed persons shall not be used until the operators are properly licensed. If
circumstances warrant continued operation, approval may be given for continuing operation for a
specific period of time, not to exceed 30 days, at the discretion of the boiler inspector.
History: (5484) RL s 2178; 1957 c 503 s 11; 1982 c 379 s 11

183.49 [Repealed, 1957 c 503 s 24]

183.50 INSPECTION OF BOILERS AND PRESSURE VESSELS.
The owner or manager of a boiler or pressure vessel shall allow inspectors full access thereto.
Every engineer operating a boiler shall assist the inspector in the examination, and point out any
known defects in the boilers, steam engines or turbines in the engineer's charge.
History: (5486) RL s 2180; 1919 c 240 s 3; 1939 c 399; 1947 c 563 s 1; 1957 c 503 s 12;
1957 c 876 s 1; 1982 c 379 s 12; 1986 c 444

183.501 LICENSE REQUIREMENT.
(a) No person shall be entrusted with the operation of or operate any boiler, steam engine, or
turbine who has not received a license of grade covering that boiler, steam engine or turbine. The
license shall be renewed annually. When a violation of this section occurs the Division of Boiler
Inspection may cause a complaint to be made for the prosecution of the offender and shall be
entitled to sue for and obtain injunctive relief in the district courts for such violations.
(b) For purposes of this chapter, "operation" shall not include monitoring of an automatic
boiler, either through on premises inspection of the boiler or by remote electronic surveillance,
provided that no operations are performed upon the boiler other than emergency shut down
in alarm situations.
History: 1982 c 379 s 13

183.502 SCHOOL ENGINEER OPERATIONAL REQUIREMENTS.
Any custodial engineer employed by a school whose duties include the operation of a boiler
shall be licensed pursuant to section 183.51, to operate the particular class of boiler used in
the school.
History: 1982 c 379 s 14

183.505 APPLICATIONS FOR LICENSES.
The chief boiler inspector shall prepare blank applications on which applications for
engineers' licenses shall be made under oath of the applicant. These blanks shall be so formulated
as to elicit such information as is desirable to enable the examiners to pass on the qualifications of
applicants.
History: (5494) 1919 c 240 s 9; 1957 c 503 s 19

183.51 EXAMINATIONS; CLASSIFICATIONS; QUALIFICATIONS.
    Subdivision 1. Engineers, classes. Engineers shall be divided into four classes:
(1) Chief engineers; Grade A, Grade B, and Grade C. (2) first class engineers; Grade A, Grade
B, and Grade C. (3) second class engineers; Grade A, Grade B, and Grade C. (4) Special engineers.
    Subd. 2. Applications. Any person who desires an engineer's license shall submit a written
application, on blanks furnished by the commissioner or designee, at least 15 days before the
requested exam date. The application is valid for one year from the date the commissioner or
designee received the application.
    Subd. 2a. Examinations. Each applicant for a license must pass an examination approved by
the commissioner. The examinations shall be of sufficient scope to establish the competency of
the applicant to operate a boiler of the applicable license class and grade.
    Subd. 3. High and low pressure boilers. For the purposes of this section and section 183.50,
high pressure boilers shall mean boilers operating at a steam or other vapor pressure in excess
of 15 p.s.i.g., or a water or other liquid boiler in which the pressure exceeds 160 p.s.i.g. or a
temperature of 250 degrees Fahrenheit.
Low pressure boilers shall mean boilers operating at a steam or other vapor pressure of 15
p.s.i.g. or less, or a water or other liquid boiler in which the pressure does not exceed 160 p.s.i.g.
or a temperature of 250 degrees Fahrenheit.
    Subd. 4. Chief engineer, Grade A. A person seeking licensure as a chief engineer, Grade A,
shall be at least 18 years of age and have experience which verifies that the person is competent to
take charge of and be responsible for the safe operation and maintenance of all classes of boilers,
steam engines, and turbines and their appurtenances; and, before receiving a license, the applicant
shall take and subscribe an oath attesting to at least five years actual experience in operating such
boilers, including at least two years experience in operating such engines or turbines.
    Subd. 5. Chief engineer, Grade B. A person seeking licensure as a chief engineer, Grade B,
shall be at least 18 years of age and have habits and experience which justify the belief that the
person is competent to take charge of and be responsible for the safe operation and maintenance
of all classes of boilers and their appurtenances; and, before receiving a license, the applicant
shall take and subscribe an oath attesting to at least five years actual experience in operating
those boilers.
    Subd. 6. Chief engineer, Grade C. A person seeking licensure as a chief engineer, Grade C,
shall be at least 18 years of age and have habits and experience which justify the belief that the
person is competent to take charge of and be responsible for the safe operation and maintenance
of all classes of low pressure boilers and their appurtenances, and before receiving a license, the
applicant shall take and subscribe an oath attesting to at least five years of actual experience
in operating such boilers.
    Subd. 7. First-class engineer, Grade A. A person seeking licensure as a first-class engineer,
Grade A, shall be at least 18 years of age and have experience which verifies that the person is
competent to take charge of and be responsible for the safe operation and maintenance of all
classes of boilers, engines, and turbines and their appurtenances of not more than 300 horsepower
or to operate as a shift engineer in a plant of unlimited horsepower. Before receiving a license,
the applicant shall take and subscribe an oath attesting to at least three years actual experience
in operating such boilers, including at least two years experience in operating such engines
or turbines.
    Subd. 8. First-class engineer, Grade B. A person seeking licensure as a first-class engineer,
Grade B, shall be at least 18 years of age and have habits and experience which justify the belief
that the person is competent to take charge of and be responsible for the safe operation and
maintenance of all classes of boilers of not more than 300 horsepower or to operate as a shift
engineer in a plant of unlimited horsepower. Before receiving a license the applicant shall take
and subscribe an oath attesting to at least three years actual experience in operating such boilers.
    Subd. 9. First-class engineer, Grade C. A person seeking licensure as a first-class engineer,
Grade C, shall be at least 18 years of age and have habits and experience which justify the belief
that the person is competent to take charge of and be responsible for the safe operation and
maintenance of all classes of low pressure boilers and their appurtenances of not more than 300
horsepower or to operate as a shift engineer in a low pressure plant of unlimited horsepower.
Before receiving a license, the applicant shall take and subscribe an oath attesting to at least three
years actual experience in operating such boilers.
    Subd. 10. Second-class engineer, Grade A. A person seeking licensure as a second-class
engineer, Grade A, shall be at least 18 years of age and have experience which verifies that the
person is competent to take charge of and be responsible for the safe operation and maintenance
of all classes of boilers, engines, and turbines and their appurtenances of not more than 100
horsepower or to operate as a shift engineer in a plant of not more than 300 horsepower, or to
assist the shift engineer, under direct supervision, in a plant of unlimited horsepower. Before
receiving a license the applicant shall take and subscribe an oath attesting to at least one year
of actual experience in operating such boilers, including at least one year of experience in
operating such engines or turbines.
    Subd. 11. Second-class engineer, Grade B. A person seeking licensure as a second-class
engineer, Grade B, shall be at least 18 years of age and have habits and experience which justify
the belief that the person is competent to take charge of and be responsible for the safe operation
and maintenance of all classes of boilers of not more than 100 horsepower or to operate as a shift
engineer in a plant of not more than 300 horsepower or to assist the shift engineer, under direct
supervision, in a plant of unlimited horsepower. Before receiving a license the applicant shall take
and subscribe an oath attesting to at least one year of actual experience in operating such boilers.
    Subd. 12. Second-class engineer, Grade C. A person seeking licensure as a second-class
engineer, Grade C, shall be at least 18 years of age and have habits and experience which justify
the belief that the person is competent to take charge of and be responsible for the safe operation
and maintenance of all classes of low pressure boilers and their appurtenances of not more than
100 horsepower or to operate as a shift engineer in a low pressure plant of not more than 300
horsepower, or to assist the shift engineer, under direct supervision, in a low pressure plant of
unlimited horsepower. Before receiving a license, the applicant shall take and subscribe an oath
attesting to at least one year of actual experience in operating such boilers.
    Subd. 13. Special engineer. A person seeking licensure as a special engineer shall be at
least 18 years of age and have habits and experience which justify the belief that the person is
competent to take charge of and be responsible for the safe operation and maintenance of all
classes of boilers and their appurtenances of not more than 30 horsepower or to operate as a shift
engineer in a plant of not more than 100 horsepower, or to serve as an apprentice in any plant
under the direct supervision of the properly licensed engineer.
    Subd. 14. Current boiler operators. Any person operating a boiler other than a steam
boiler on April 15, 1982 shall be qualified for application for the applicable class license upon
presentation of an affidavit furnished by an inspector and sworn to by the person's employer or a
chief engineer. The applicant must have at least the number of years of actual experience specified
for the class of license requested and pass the appropriate examination.
    Subd. 15. Rating horsepower. For the purpose of rating boiler horsepower for engineer
license classifications only: ten square feet of heating surface shall be considered equivalent to
one boiler horsepower for conventional boilers and five square feet of heating surface equivalent
to one boiler horsepower for steam coil type generators.
History: (5487) RL s 2181; 1919 c 113 s 1; 1919 c 240 s 4; 1947 c 563 s 2; 1957 c 503 s 13;
1957 c 876 s 2; 1965 c 49 s 1; 1973 c 725 s 28-35; 1974 c 406 s 41; 1982 c 379 s 15; 1986 c 444;
1988 c 719 art 19 s 6-8; 1Sp2005 c 1 art 4 s 47,48

183.52 REVOCATION OF LICENSE.
The chief boiler inspector or representative may issue cease and desist orders to any person
found to be in violation of sections 183.375 to 183.62 or the rules adopted thereunder, or for
otherwise operating or allowing a boiler or pressure vessel to be operated under unsafe or
dangerous conditions, and may petition for enforcement of the order in the district court. The
department may also suspend or revoke the license of any engineer for a violation.
History: (5488) RL s 2182; 1957 c 503 s 14; Ex1967 c 1 s 6; 1Sp1981 c 4 art 1 s 91;
1982 c 379 s 16; 1986 c 444

183.53 VERIFICATION OF CERTIFICATE.
In making an inspection of boilers, machinery, or vessels, inspectors may act jointly or
separately. In all cases inspectors shall verify the certificate of inspection.
History: (5489) RL s 2183; 1957 c 503 s 15; 1982 c 379 s 17

183.54 BOILER INSPECTOR TO DELIVER CERTIFICATES; PAYMENT OF
INSPECTION FEES.
    Subdivision 1. Safety certificate. After examination and tests, if a boiler inspector finds any
boiler or pressure vessel safe and suitable for use, the inspector shall deliver to the chief boiler
inspector a verified certificate in such form as prescribed by the chief boiler inspector containing a
specification of the tests applied and the working pressure allowed. A copy of the certificate is
delivered to the owner of the boiler or pressure vessel, who shall place and retain the same in
a conspicuous place on or near the boiler or pressure vessel.
    Subd. 2. Fees. Fees for the inspection of boilers and pressure vessels are payable at the
time of the delivery of the certificate.
    Subd. 3. Failure to pay fee. If the owner or lessee of any boiler or pressure vessel, which
boiler or pressure vessel has been duly inspected, refuses to pay the required fee within 30 days
from the date of the inspection, the chief boiler inspector, or deputy, may seal the boiler or
pressure vessel until the fee is paid.
History: (5490) RL s 2184; 1919 c 240 s 5; 1933 c 257; 1943 c 340 s 1; 1947 c 563 s 3;
1957 c 503 s 16; 1982 c 379 s 18; 1986 c 444

183.545 FEES FOR INSPECTION.
    Subdivision 1. Fee amount; vessels operated on inland waters. The fees for the inspection
of the hull, boiler, machinery, and equipment of vessels operated on inland waters and that carry
passengers for hire are as follows:
(1) annual operating permit and safety inspections shall be $200; and
(2) other inspections, including dry-dock inspections, boat stability tests, and plan reviews,
are billed at the hourly rate set in subdivision 3a.
    Subd. 2. Fee amounts; master's. The license and application fee for a master's license is
$50, or $20 if the applicant possesses a valid, unlimited, current United States Coast Guard
master's license. The annual renewal of a master's license is $20. The annual renewal if paid later
than 30 days after expiration is $35. The fee for replacement of a current, valid license is $20.
    Subd. 3. Boiler and pressure vessel inspection fees. The fees for the annual inspection of
boilers and biennial inspection of pressure vessels are as follows:
(1) boiler inaccessible for internal inspection, $55;
(2) boiler accessible for internal inspection, $55;
(3) boiler internal inspection over 2,000 square feet heating surface shall be billed at the
hourly rate set in subdivision 3a;
(4) boiler accessible for internal inspection requiring one-half day or more of inspection time
shall be billed at the hourly rate set in subdivision 3a;
(5) pressure vessel for internal inspection via manhole, $35; and
(6) pressure vessel inaccessible for internal inspection, $35.
    Subd. 3a. Hourly rate. The hourly rate for an inspection not set elsewhere in this chapter
is $80 per hour. Inspection time includes all time related to the inspection. Travel time, billed
at the hourly rate, and travel expenses shall be billed for shop inspections, triennial audits,
boat stability tests, hydrostatic tests of a boiler or pressure vessel, or any other inspection or
consultation requiring a special trip.
    Subd. 4. Boiler engineer license fees. For the following licenses, the nonrefundable license
and application fee is:
(1) chief engineer's license, $50;
(2) first class engineer's license, $50;
(3) second class engineer's license, $50;
(4) special engineer's license, $20; and
(5) traction or hobby boiler engineer's license, $50.
An engineer's license may be renewed upon application and payment of an annual renewal
fee of $20. The annual renewal, if paid later than 30 days after expiration, is $35. The fee for
replacement of a current, valid license is $20.
    Subd. 5.[Repealed, 1987 c 70 s 7]
    Subd. 6. National board inspectors. The fee for an examination of an applicant for a
National Board of Boiler and Pressure Vessels Inspectors commission is $100.
    Subd. 7. Nuclear endorsement. The fee for each examination of an applicant for a National
Board of Boiler and Pressure Vessels commissioned inspectors nuclear endorsement is $100.
    Subd. 8. Certificate of competency. The fee for issuance of the original state of Minnesota
certificate of competency for inspectors is $50. This fee is waived for inspectors who paid the
examination fee. The fee for an annual renewal of the state of Minnesota certificate of competency
is $35, and is due January 1 of each year. The fee for replacement of a current, valid license is $35.
    Subd. 9. Deposit of fees. Fees received under this section must be deposited in the state
treasury and credited to the general fund.
    Subd. 10. Boiler and pressure vessel registration fee. The annual registration fee for
boilers and pressure vessels in use and required to be inspected per section 183.42 shall be $10
per boiler and pressure vessel.
History: 1957 c 503 s 17; 1959 c 586 s 1; 1969 c 1148 s 30-32; 1974 c 427 s 1,2; 1978 c 485
s 1-4; 1982 c 379 s 19; 1983 c 301 s 157; 1Sp1985 c 13 s 296; 1987 c 70 s 5; 1989 c 335 art 4 s
106; 1996 c 305 art 3 s 27; 1Sp2005 c 1 art 4 s 49

183.55 [Repealed, 1957 c 503 s 24]

183.56 EXCEPTIONS.
The provisions of sections 183.38 to 183.62, shall not apply to:
(1) boilers in buildings occupied solely for residence purposes with accommodations for
not more than five families;
(2) railroad locomotives operated by railroad companies for transportation purposes;
(3) air tanks installed on the right-of-way of railroads and used directly in the operation
of trains;
(4) boilers and pressure vessels under the direct jurisdiction of the United States;
(5) unfired pressure vessels having an internal or external working pressure not exceeding 15
p.s.i.g. with no limit on size;
(6) pressure vessels used for storage of compressed air not exceeding five cubic feet in
volume and equipped with an American Society of Mechanical Engineers code stamped safety
valve set at a maximum of 100 p.s.i.g.;
(7) pressure vessels having an inside diameter not exceeding six inches;
(8) every vessel that contains water under pressure, including those containing air that
serves only as a cushion, whose design pressure does not exceed 300 p.s.i.g. and whose design
temperature does not exceed 210 degrees Fahrenheit;
(9) boiler or pressure vessels located on farms used solely for agricultural or horticultural
purposes; for purposes of this section, boilers used for mint oil extraction are considered used
for agricultural or horticultural purposes, provided that the owner or lessee complies with the
inspection requirements contained in section 183.42;
(10) tanks or cylinders used for storage or transfer of liquefied petroleum gases;
(11) unfired pressure vessels in petroleum refineries;
(12) an air tank or pressure vessel which is an integral part of a passenger motor bus, truck,
or trailer;
(13) hot water heating and other hot liquid boilers not exceeding a heat input of 750,000
BTU per hour;
(14) hot water supply boilers (water heaters) not exceeding a heat input of 500,000 BTU per
hour, a water temperature of 210 degrees Fahrenheit, a nominal water capacity of 120 gallons, or
a pressure of 160 p.s.i.g.;
(15) a laundry and dry cleaning press not exceeding five cubic feet of steam volume;
(16) pressure vessels operated full of water or other liquid not materially more hazardous
than water, if the vessel's contents' temperature does not exceed 140 degrees Fahrenheit or
a pressure of 200 p.s.i.g.;
(17) steam powered turbines at paper-making facilities which are powered by steam
generated by municipal steam district facilities at a remote location; and
(18) manually fired boilers for model locomotive, boat, tractor, stationary engine, or antique
motor vehicles constructed or maintained only as a hobby for exhibition, educational or historical
purposes and not for commercial use, if the boilers have an inside diameter of 12 inches or less, or
a grate area of two square feet or less, and are equipped with an American Society of Mechanical
Engineers stamped safety valve of adequate size, a water level indicator, and a pressure gauge.
An engineer's license is not required for hot water supply boilers.
An engineer's license is not required for boilers, steam cookers, steam kettles, steam
sterilizers or other steam generators not exceeding 100,000 BTU per hour input, 25 kilowatt,
2-1/2 horsepower or a pressure of 15 p.s.i.g.
Electric boilers not exceeding a maximum working pressure of 50 p.s.i.g., maximum of 30
kilowatt input or three horsepower rating shall be inspected as pressure vessels and shall not
require an engineer license to operate.
History: (5492) RL s 2186; 1919 c 240 s 7; 1955 c 817 s 1; 1957 c 503 s 1; 1Sp1981 c 4 art
1 s 92; 1982 c 379 s 20; 1987 c 70 s 6; 1987 c 382 s 1; 1991 c 331 s 2; 1992 c 436 s 1

183.57 REPORT OF INSURER; EXEMPTION FROM INSPECTION.
    Subdivision 1. Report required. Any insurance company insuring boilers and pressure
vessels in this state shall file a report showing the date of inspection, the name of the person
making the inspection, the condition of the boiler or pressure vessel as disclosed by the inspection,
whether the boiler was operated by a properly licensed engineer, whether a policy of insurance has
been issued by the company with reference to the boiler or pressure vessel, and other information
as directed by the chief boiler inspector. Within 21 days after the inspection, the insurance
company shall file the report with the chief boiler inspector or designee. The insurer shall provide
a copy of the report to the person, firm, or corporation owning or operating the inspected boiler or
pressure vessel. Such report shall be made annually for boilers and biennially for pressure vessels.
    Subd. 2. Exemption. Every boiler or pressure vessel as to which any insurance company
authorized to do business in this state has issued a policy of insurance, after the inspection thereof,
is exempt from inspection by the department made under sections 183.375 to 183.62, while the
same continues to be insured and provided it continues to be inspected in accordance with the
inspection schedule set forth in sections 183.42 and 183.45, and the person, firm, or corporation
owning or operating the same has an unexpired certificate of registration.
    Subd. 3.[Repealed, 1957 c 503 s 24]
    Subd. 4.[Repealed by amendment, 1Sp2005 c 1 art 4 s 50]
    Subd. 5. Notice of insurance coverage. The insurer shall notify the commissioner or
designee in writing of its policy to insure and inspect boilers and pressure vessels at a location
within 30 days of receipt of notification from the insured that a boiler or pressure vessel is present
at an insured location. The insurer must also provide a duplicate of the notification to the insured.
    Subd. 6. Notice of discontinued coverage. The insurer shall notify the commissioner or
designee in writing, within 30 days of the effective date, of the discontinuation of insurance
coverage of the boilers and pressure vessels at a location and the cause or reason for the
discontinuation if the insurer has received notice from the insured that a boiler or pressure vessel
is present at an insured location, as provided under subdivision 5. This notice shall show the
effective date when the discontinued policy takes effect.
    Subd. 7. Penalties. The commissioner shall assess upon the insurer a $50 penalty, per
applicable boiler and pressure vessel, for failing to submit an inspection report or notify the
commissioner of insurance coverage or discontinuation of insurance coverage as set forth in this
section. The commissioner shall assess upon the insurer a penalty of $100, per applicable boiler
and pressure vessel, for failing to conduct the required in-service inspection within 120 days after
the inspection was due in accordance with section 183.42. The penalties in this subdivision may
only be assessed for notice, reports, and inspections required during the period that the insurance
coverage was in effect and for which the insurer has received notice from the insured that a boiler
or pressure vessel is present at an insured location, as provided under subdivision 5.
History: (5493) 1919 c 240 s 8; 1957 c 503 s 18; 1959 c 148 s 1; 1969 c 1148 s 33; 1974 c
427 s 3; 1978 c 485 s 5; 1Sp1981 c 4 art 1 s 93; 1982 c 379 s 21,22; 1983 c 301 s 158; 1997 c 7
art 1 s 88; 1Sp2005 c 1 art 4 s 50

183.58 [Renumbered 183.505]

183.59 VIOLATIONS BY INSPECTORS.
Every inspector who willfully certifies falsely regarding any boiler or its attachments, or
pressure vessel, or the hull and equipments of any steam vessel, or who grants a license to any
person to act as engineer, master, or pilot contrary to any provision of sections 183.375 to 183.62,
is guilty of a misdemeanor. In addition to this punishment the inspector shall be removed from
office forthwith.
History: 1957 c 503 s 20; 1979 c 102 s 13; 1Sp1981 c 4 art 1 s 94; 1982 c 379 s 23

183.60 VIOLATIONS IN CONSTRUCTION; REPAIR; SALE.
    Subdivision 1. Construction violation. Every person who constructs a boiler, boiler piping,
or pressure vessel so as not to meet the minimum construction requirements of the American
Society of Mechanical Engineers boiler and pressure vessel code, and the rules of the Division
of Boiler Inspection adopted by the Department of Labor and Industry is guilty of a gross
misdemeanor.
    Subd. 2. Repair violation. Every person who repairs a boiler or pressure vessel by welding
or riveting so as not to meet the minimum requirements established by the current edition of the
National Board of Boiler and Pressure Vessel Inspectors inspection code and the rules of the
Division of Boiler Inspection adopted by the Department of Labor and Industry is guilty of a
gross misdemeanor.
    Subd. 3. Sale violation. Every manufacturer, jobber, dealer, or person selling or offering
for sale a boiler or pressure vessel that does not meet the minimum construction requirements of
the American Society of Mechanical Engineers boiler and pressure vessel code and the rules of
the Division of Boiler Inspection adopted by the Department of Labor and Industry is guilty of a
gross misdemeanor.
History: 1957 c 503 s 21; 1982 c 379 s 24

183.61 VIOLATIONS BY THOSE RESPONSIBLE FOR OPERATION.
    Subdivision 1. Violating rules. Any owner, master, or other person violating any rule
prescribed by the Department of Labor and Industry is guilty of a misdemeanor.
    Subd. 2. Inspection violation. Any person who causes to be operated, or operates, any
boiler or boat without having the same inspected at least once each year or pressure vessel
without having it inspected biennially, and without having the proper engineer or pilot license
is guilty of a misdemeanor.
    Subd. 3. Boats. Every owner, lessee, master, or pilot violating any provision of section
183.44 is guilty of a misdemeanor.
    Subd. 4. Failure to repair. Every person operating or causing to be operated any boiler or
pressure vessel after it has been examined and found to be unsafe and after the owner or operator
thereof has been notified of any defect therein and what repairs are necessary to remedy the defect
who fails to comply with the inspector's requirements is guilty of a misdemeanor.
    Subd. 5. Section 183.50 violation. Every person who violates any provision of section
183.50 is guilty of a misdemeanor.
    Subd. 6. Insurance reports. Any insurance company that fails to comply with the
requirements of section 183.57 is guilty of a misdemeanor.
History: 1957 c 503 s 22; 1961 c 560 s 17; Ex1967 c 1 s 6; 1982 c 379 s 25; 1985 c 248 s 70

183.62 LIABILITY OF PERSONS OPERATING BOATS, BOILERS OR PRESSURE
VESSELS; PENALTY.
Every person who shall apply, or cause to be applied, to a boiler or pressure vessel a higher
pressure than is allowed by law, or by the inspector, officer, or person authorized to limit the same;
and every owner and lessee of a boiler or pressure vessel having knowledge of such application, or
of circumstances which would cause such an application, shall be guilty of a gross misdemeanor.
Every captain or other person having charge of the machinery of a boat used for the conveyance
of passengers in the waters of this state and every engineer or other person having charge of a
boiler, steam engine, or other apparatus for generating or employing steam, who shall willfully, or
from ignorance or gross neglect, create, or allow to be created any condition whereby human life
is endangered, and every owner and lessee of a boat, boiler, steam engine, or other apparatus for
generating or supplying steam who has knowledge of such a condition, or of circumstances which
would cause such a condition, shall be guilty of a gross misdemeanor.
History: (10265) RL s 5003; 1982 c 379 s 26