010.01 -002
Information
for Public Guidance
The mailing address and telephone number for the Boiler
Inspection Division is:
Boiler Inspection Division
Arkansas Department of Labor
10421 West Markham Street
Little Rock, AR 72205
(501) 682-4513
The Department of Labor makes available a list of persons
holding certain responsibilities for handling FOIA requests, licensing
questions, complaints against licensees, and compliance requests or assistance
so that the public may obtain information about the agency or make submissions
or requests. The names, mailing addresses, telephone numbers and electronic
addresses can be obtained from the agency's office or website. The Department
of Labor's website is: http://www.labor.ar.gov/Pages/default.aspx.
The Boiler Inspection Division's website is:
http://www.labor.ar.gov/divisions/Pages/boilerInspectionDivision.aspx.
The division has a list of official forms used by the division
and a list of all formal, written statements of policy and written
interpretative memoranda, and orders, decisions and opinions resulting from
adjudications, which may be obtained from the division's office or website.
Copies of all forms used by the division, written statements of policy and
written interpretive memoranda, and all orders issued by the division may be
obtained from the division's office.
Amendment 2. Rule
010.01 -004(D), dealing with
rule-making, is amended to read as follows:
D.
Filing with Legislative
Council
Thirty (30) days before the public-comment period ends, the
division will file with the Legislative Council the text of the proposed rule
or amendment as well as a financial impact statement and any additional
information as may be required by the Legislative Council as provided by Ark.
Code Ann. §
10-3-309.
Amendment 3. Rule
010.01 -004(G)(1), dealing with
rule-making, is amended to read as follows:
G.
The Decision to Adopt a Rule
1. The division will not finalize language of
the rule or decide whether to adopt a rule until the period for public comment
has expired and the proposed rule has been reviewed and approved by the
Legislative Council or other legislative committee pursuant to Ark. Code Ann. §
10-3-309.
Amendment 4. Rule
010.01 -004(M), dealing with
rule-making, is amended to read as follows:
M.
Filing
1. After the division formally adopts a new
rule or amends a current rule or repeals an existing rule, and after the rule
change has been reviewed and approved by the Legislative Council, the agency
staff will file final copies of the rule with the Secretary of State, the
Arkansas State Library, and the Legislative Council or as otherwise provided by
Ark. Code Ann. § 25-14-204.
2.
Proof of filing a copy of the rule, amendment, or repeal with the Secretary of
State, the Arkansas State Library, and the Legislative Council will be kept in
a file maintained by the Legal Division of the Arkansas Department of
Labor.
3. Notice of the rule change
will be posted on the department website.
Amendment 5. Rule
010.01 -005(C), dealing with
emergency rule-making, is amended to read as follows:
C.
Effective Date of Emergency
Rule1. The division shall not finalize
an emergency rule or file an emergency rule with the Secretary of State for
adoption until the emergency rule has been approved under Ark. Code Ann. §
10-3-309.
2. The emergency rule will be effective
immediately upon filing, or at a stated time less than ten (10) days
thereafter, if the division finds that this effective date is necessary because
of imminent peril to the public health, safety or welfare. The division will
file with the rule the its written findings justifying the determination that
emergency rule-making is appropriate and, if applicable, the basis for the
effective date of the emergency rule being less than ten (10) days after the
filing of the rule pursuant to Ark. Code Ann. §
25-15-204.
The agency will take appropriate measures to make emergency rules known to
persons who may be affected by them.
Amendment 6. Rule
010.01 -008(J), dealing with
re-licensure for a revoked or surrendered license, is amended to read as
follows:
J.
Re-Licensure for
Revoked or Surrendered License and General Reinstatement
1. No individual who has had his or her
license revoked or who has surrendered his or her license for an act of bad
faith or a violation of law, rule or ethics will be licensed, except on
petition made to the division. The application for re-licensure is not allowed
until at least two (2) years after the revocation or surrender of license took
effect.
a. The applicant bears the burden of
proof that he or she is rehabilitated following the revocation or surrender of
his or her license, that he or she can engage in the conduct authorized by the
license without undue risk to the public, health, safety, and welfare, and that
he or she is otherwise qualified for the license pursuant to Ark. Code Ann. §
20-23-101
et seq.
b. The
division may impose any appropriate conditions or limitations on a license to
protect the public, health, safety, and welfare.
c. The division may require that the person
seeking re-licensure take the licensing examination, if applicable.
2. Reinstatement
a. An individual may seek reinstatement under
this subsection, Rule
010.01 -008(J)(2), provided the
applicant for reinstatement demonstrates that he or she:
i was previously licensed by the division at
any time;
ii. was licensed in good
standing at the time of licensing;
iii did not have his or her license revoked for: an act of bad
faith or a violation of law, rule or ethics; and iv. is not holding a suspended
or probationary license in this state or a sister state.
b. The Department of Labor's Code
Enforcement Manager shall ensure that any application for reinstatement is
handled in an expedited manner.
Amendment 7. Rule
010.01 -008, dealing with
licensing, is amended to add a new subsection (O) to read as follows:
O.
Active duty service members,
returning military veterans, and spouses
1. As used in this rule, "returning military
veteran" means a former member of the United States Armed Forces who was
discharged from active duty under circumstances other than
dishonorable.
2. Temporary license
a. An individual who is the holder in good
standing of a substantially equivalent license in another state, shall be
issued a temporary license of the same class while completing the application
process for full licensure, provided the individual is one of the following:
i. an active duty military service member
stationed in the State of Arkansas;
ii. a returning military veteran applying
within one (1) year of his or her discharge from active duty; or
iii. the spouse of a person under Rule
010.01 -008(O)(2)(a)(i) or (ii)
above.
b. A temporary
license under this rule shall expire on its face in thirty (30) days, although
it is subject to renewal until a final administrative decision on full
licensure is made.
c. If a full
license is granted and the license fee paid, the license shall expire on the
same date or in the same manner as other licenses of that class or type,
regardless of the date of issue or renewal.
d. The Department of Labor's Code Enforcement
Manager shall ensure that any application for temporary licensure under Rule
010.01 -008(O) is handled in an
expedited manner.
e. When
considering an application for full licensure of an active duty military
service member stationed in the State of Arkansas or a returning military
veteran applying within one (1) year of his or her discharge from active duty,
the division shall:
(i) consider whether or
not the applicant's military training and experience is substantially similar
to the experience required by Rule
010.01 -008(K) through (M) for
the class of license being sought; and
(ii) accept the applicant's military training
and experience in lieu of the experience required by Rule
010.01 -008(K) through (M) if the
Code Enforcement Manager or division, determines the military training and
experience is a satisfactory substitute.
f. A license held by an active duty military
service member deployed outside the State of Arkansas or his or her spouse
shall not expire until one hundred eighty (180) days following the active duty
military service member's or spouse's return from active deployment. The
licensee must submit proof of deployment and deployment dates.
Amendment 8. Rule
010.01 -010(C)(1), dealing with
inspection requirements, is amended to read as follows:
C.
Inspection Requirements
1. All boilers shall be inspected as follows:
a. High pressure steam boilers shall be
inspected internally and externally once each year unless the chief inspector
grants an extension for good cause. Such an extension:
(i) shall not exceed six (6) months;
and
(ii) shall cause the time
period for the next annual inspection to begin on the day following the date of
the inspection.
b. All
low pressure steam boilers shall be inspected externally annually and
internally once each three (3) years to the extent permitted by the design and
construction of the vessel.
c. All
hot water heating boilers shall be inspected externally annually and internally
if required by the inspector.
d. An
inspector may require a more frequent inspection than those required in Rule
010.01 -010(C)(1)(a) through (c)
above if the inspector has reason to question the integrity of the boiler or
boiler controls.
010.01 -027
Repealer, Effective Date and
HistoryA. All previous rules and
regulations of the Boiler Safety Advisory Board and the Boiler Safety Division
of the Arkansas Department of Labor are hereby repealed.
B. The effective date of these rules and
regulations is the 1st day of July, 2006.
C. Effective January 1, 2017, the following
rules and regulations of the board were amended: Rule
010.01 -002 (Information for
public guidance); Rule
010.01 -004 (Rule-making); Rule
010.01 -005 (Emergency
rule-making); Rule
010.01 -008 (Licensing); Rule
010.01-010(C) (Inspection requirements); and Rule 010.01-027 (Repealer,
Effective Date and History).
