# Title 33.1 — Department of Environmental Quality

## Article 33.1-14 — North Dakota Boiler Rules

## Chapter 33.1-14-02 — Administration

Inspector of New, Canceled, or Suspended Risks
Inspector of Defective Boilers and Boiler Accidents
Dakota or Brought Into North Dakota for Temporary Use
### § 33.1-14-02-01. Inspection reports to be submitted.

1. Power boilers. Each authorized inspection agency or owner/user inspection organization, to
which a special inspector commission has been issued, shall submit to the chief boiler
inspector complete data of each high-pressure boiler insured or inspected by it or covered by
a written inspection agreement. A complete report of each boiler inspection must be filed
electronically with the chief boiler inspector on form SFN 10706 within fifteen days of
inspection.
2. Low pressure, hot water heating, and hot water supply boilers. Each authorized
inspection agency or owner/user inspection organization shall submit to the chief boiler
inspector complete data of each boiler insured or inspected by it or covered by a written
inspection agreement. A complete report of each boiler inspection must be filed electronically
with the chief boiler inspector on form SFN 10706 within fifteen days of inspection.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-05
Law Implemented: NDCC 23.1-16-05
### § 33.1-14-02-02. Insurance companies and other authorized inspection agencies to notify the

chief inspector of new, canceled, or suspended risks.
Each insurance company or other authorized inspection agency shall notify the chief inspector
within thirty days of each boiler insured, covered by a written inspection agreement, canceled, not
renewed, or suspended because of unsafe conditions.

History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-08
Law Implemented: NDCC 23.1-16-08
### § 33.1-14-02-03. Insurance companies and other authorized inspection agencies to notify the

chief inspector of defective boilers and boiler accidents.
If a special inspector, upon the first inspection of a boiler, finds that the boiler or any of the
appurtenances are in such condition that the inspector's company refuses insurance or the boiler does
not comply with the provisions of this article, the company shall submit a report of the defects to the
chief inspector. When an accident occurs to an insured boiler or to a boiler covered by a written
inspection agreement which requires major repairs as defined in subsection 20 of section
33.1-14-01-01, or which results in the boiler being removed from service, that accident must be
reported to the chief boiler inspector within thirty days of the insuring or inspecting company first
becoming aware of the accident.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-08
Law Implemented: NDCC 23.1-16-08
### § 33.1-14-02-04. Owner/user inspection organizations making own inspections.

The chief inspector is not required to inspect boilers in any establishment owned and operated by
an owner/user inspection organization provided an annual boiler inspection program is established and
maintained by such organization and all boilers and appurtenances are constructed, installed,
operated, and repaired in accordance with the provisions of this article. When boilers are inspected by
an employee of an owner/user inspection organization, such inspector must hold a certificate of
competency or a commission issued by North Dakota or a state that has adopted the American Society
of Mechanical Engineers Code. A complete report of each boiler inspection must be filed electronically
with the chief inspector on form SFN 10706 within fifteen days of inspection.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-08
Law Implemented: NDCC 23.1-16-08
### § 33.1-14-02-05. Defective conditions disclosed at time of external inspections.

If upon an external inspection there is evidence of a leak or crack, enough of the covering of the
boiler must be removed to satisfy the inspector, in order that the inspector may determine the safety of
the boiler. If the covering cannot be removed at that time, the inspector may order the operation of the
boiler stopped until the covering can be removed and proper examination can be made.
History: July 1, 2020.
General Authority: NDCC 23.1-16-07
Law Implemented: NDCC 23.1-16-07
### § 33.1-14-02-06. Owner or user to notify the chief inspector in case of accident.

When an accident occurs which requires major repairs as defined in subsection 20 of section
33.1-14-01-01, the owner or user immediately shall notify the chief inspector and submit a detailed
report of the accident. In case of an explosion, notice must be given immediately by telephone or
electronically and the parts of the boiler may not be removed or disturbed before an inspection has
been made by an inspector, unless for the purpose of saving human life or property.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-05
Law Implemented: NDCC 23.1-16-05

### § 33.1-14-02-07. Operating without a certificate of inspection.

The owner or user who causes a boiler to be operated after inspections without possessing a valid
certificate of inspection is subject to the penalty under North Dakota Century Code section 23.1-16-11.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-14
Law Implemented: NDCC 23.1-16-14
### § 33.1-14-02-08. Validity of inspection certificate for boilers.

1. A certificate of inspection, issued in accordance with this article, is valid until expiration unless
some defect or condition affecting the safety of the boiler is disclosed and if all inspection fees
have been paid. A certificate of inspection is valid for the following time periods:
a. Thirty-six months for power boilers over one hundred thousand pounds [45359.24
kilograms] of steam per hour as allowed by North Dakota Century Code section
23.1-16-07.
b. Twelve months for steam traction engines.
c. Twelve months for all other power boilers.
d. Thirty-six months for hot water heating and hot water supply boilers.
e. Twenty-four months for low-pressure steam boilers.
2. A certificate issued for a boiler inspected by a special inspector is valid only if the boiler for
which it was issued continues to be insured by a duly authorized insurance company, covered
by a written inspection agreement with an authorized inspection agency, or inspected by an
accredited owner/user inspection organization. A two-month grace period must be extended
for any certificate.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-10
Law Implemented: NDCC 23.1-16-10
### § 33.1-14-02-09. Restamping boilers.

When the stamping on a boiler becomes indistinct, the inspector shall instruct the owner or user to
have it restamped. Request for permission to restamp the boiler must be made to the chief inspector
and proof of the original stamping must accompany the request before authorization by the chief
inspector. Restamping authorized by the chief inspector may be done only by an inspector, and must
be identical with the original stamping, except that it is not required to restamp the American Society of
Mechanical Engineers Code symbol. Notice of completion of such restamping must be filed with the
chief inspector by the inspector who stamped the boiler or pressure vessel, together with a facsimile of
the stamping.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-05
Law Implemented: NDCC 23.1-16-05
### § 33.1-14-02-10. Condemned boilers and condemned pressure vessels.

Any boiler having been inspected and declared unsafe by the chief inspector or the inspector's
deputy must be stamped by the inspector with the letter X and the letters ND as shown on the following
facsimile that will be designated a condemned boiler: XX ND XX.

History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-04
Law Implemented: NDCC 23.1-16-04
### § 33.1-14-02-11. Owner and installer to notify chief boiler inspector of boilers to be installed in

North Dakota or brought into North Dakota for temporary use.
1. The owner shall notify the chief boiler inspector before any new or secondhand boiler may be
operated in North Dakota, giving its location and operating pressure.
2. The installer shall notify the chief boiler inspector before any new or secondhand boiler may
be installed in North Dakota, giving its location and operating pressure.
3. The owner shall notify the chief boiler inspector of boilers removed from location, junked, or
sold.
4. The owner shall notify the chief boiler inspector within fifteen days of removing a boiler from its
location as to whether it has been junked or sold. If it has been sold, the name and address of
the purchaser must be given.
5. When a boiler is brought into the state on a temporary basis and is to be removed from the
state, a notice must be given as to the date it will be removed from North Dakota.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-04
Law Implemented: NDCC 23.1-16-04
### § 33.1-14-02-12. Owner to notify the chief boiler inspector of businesses closed or reopened.

1. It is the responsibility of the owner of a building complex or owner of a boiler to notify the chief
boiler inspector of plans to discontinue use of a boiler due to business being permanently
closed.
2. If a business is destroyed by fire, flood, or windstorm, the owner shall notify the chief boiler
inspector as to plans developed for the disposition of the boiler.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-04
Law Implemented: NDCC 23.1-16-04
### § 33.1-14-02-13. Removal of used boilers from the state.

When a nonportable standard boiler located in this state is moved to another state for use or repair,
the owner shall apply to the chief boiler inspector before the boiler may be reinstalled in North Dakota.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-04
Law Implemented: NDCC 23.1-16-04
### § 33.1-14-02-14. Nonstandard boilers.

A nonstandard boiler used in this state, if moved outside of the state, may not be reinstalled in this
state without permission of the chief boiler inspector.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-05
Law Implemented: NDCC 23.1-16-05

### § 33.1-14-02-15. Installing used or secondhand boilers.

Before a used or secondhand boiler may be installed in this state, an inspection must be made by
an inspector. (Note: It is recommended that before a used or secondhand boiler is shipped for
installation or operation in this state, that it be inspected by a North Dakota inspector, or by a national
board commissioned inspector, and data submitted by the inspector filed by the buyer or owner or user
with the chief boiler inspector for the chief inspector's approval. Otherwise hardships may be
encountered should the boiler be condemned after installation.)
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-05
Law Implemented: NDCC 23.1-16-05
### § 33.1-14-02-16. Reinstalled boilers.

When a stationary boiler is moved and reinstalled, the fittings and appliances must comply with all
requirements for new installations.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-05
Law Implemented: NDCC 23.1-16-05
### § 33.1-14-02-17. Reporting repairs to be made.

1. The owner or person in charge of a boiler repair shop making major repairs to a boiler shall
notify the chief boiler inspector of each major repair or alteration to be made to a boiler, and
the anticipated repair must be approved before work is started; or
2. If the boiler is insured, covered by a written inspection agreement with an authorized
inspection agency, or owned by an owner/user inspection organization, the special inspector
may authorize the repair. After such repairs are made, the repairs are subject to the approval
of an inspector.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-04
Law Implemented: NDCC 23.1-16-04
### § 33.1-14-02-18. Reports of welded repair or alterations.

1. All alterations and major repairs made to boilers in North Dakota must be reported on the
appropriate national board form. The completed form must be sent to the chief boiler inspector
by the repair concern effecting the repair or alteration within thirty days of the completion of
the repair or alteration.
2. Subject to the administrative procedures of the boiler inspection program and the approval of
the inspector, repairs of a routine nature may be given prior approval and the requirement for
the repair stamping may be waived. The National Board Inspection Code must be used as a
guideline in determining repairs of a routine nature.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-04
Law Implemented: NDCC 23.1-16-04

### § 33.1-14-02-19. Stamping of boilers.

1. Every boiler built for use in North Dakota must conform in every detail to the boiler laws and
rules of North Dakota. When correctly constructed in accordance with these laws and rules
the boiler must be stamped with a state stamp of North Dakota and assigned a state number.
2. A boiler may not be operated in North Dakota unless it is stamped with the American society of
mechanical engineers stamp and registered with the national board or can qualify for a North
Dakota stamp. A request for a North Dakota stamp must be accompanied by a manufacturer's
data report with supporting evidence that the boiler meets all requirements of the laws of
North Dakota.
3. Upon completion of the installation, all boilers must be inspected by an inspector. Initial
certificate inspections may only be made by the chief inspector or deputy inspectors. At the
time of this inspection, each boiler must be stamped with a serial number of North Dakota
preceded by the letters N.D. The letters and figures may not be less than five-sixteenths inch
[7.94 millimeters] in height. If construction does not permit stamping, a numbered metal tag
must be attached in a conspicuous place. The stamping may not be concealed by lagging or
paint and must be exposed at all times.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-05
Law Implemented: NDCC 23.1-16-05
### § 33.1-14-02-20. Welders' requirements.

1. Any person welding on new or existing boilers shall register with the chief boiler inspector
sufficient data to show a satisfactory performance qualification test for American society of
mechanical engineers position "6G" or equivalent. This data must be documented on a current
American society of mechanical engineers section IX "QW-484" form. Tests of welded
specimens must be made by a certified testing laboratory.
2. In lieu of the above requirements, a firm in possession of a valid American society of
mechanical engineers certificate of authorization for new boiler construction or a valid national
board "R" certificate of authorization for repairing or altering existing boilers may allow
welder's qualifications to be audited by the chief boiler inspector at the chief boiler inspector's
discretion. The welders must be qualified according to the requirements of American Society
of Mechanical Engineers Boiler and Pressure Vessel Code, section IX.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-05
Law Implemented: NDCC 23.1-16-05
### § 33.1-14-02-21. Alterations to boilers.

Alterations, as defined in this article, must be made by a firm in possession of a valid national board
"R" certificate of authorization, with alterations included within its scope of activity.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-05
Law Implemented: NDCC 23.1-16-05
### § 33.1-14-02-22. Major repairs to boilers.

Major repairs, as defined in this article, must be made by:

1. A firm in possession of a valid national board "R" certificate of authorization for the type of
vessel to be repaired; or
2. A firm authorized by the director to do repairs to boilers. Such authorization may be issued
only upon a successful review of that firm's repair capabilities by the chief inspector. Such a
review must be based on the National Board Inspection Code and must be made on a
frequency determined by the chief inspector. Such authorization may be revoked or not
renewed by the chief inspector for cause.
History: Effective July 1, 2020.
General Authority: NDCC 23.1-16-05
Law Implemented: NDCC 23.1-16-05
