NOTE:  This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      HOUSE BILL 12-1217
      
      
      BY REPRESENTATIVE(S) Tyler, Fischer, Swalm, Wilson;
      also SENATOR(S) Aguilar, Tochtrop.
      
      
      Concerning the authority of an organization that maintains a
           regularly established inspection department to conduct
           inspections of its own pressure-retaining items.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 9-4-101, add (14.3)
      and (14.5) as follows:
      
           9-4-101.  Definitions. (14.3)  "Owner-user inspection
      organization" means an owner or user of pressure-retaining items
      who maintains a regularly established inspection department, and
      whose organization and inspection procedures meet the
      requirements of the national board of boiler and pressure vessel
      inspectors rules or the American petroleum institute's API 510
      program and are acceptable to the director.
      
           (14.5)  "Owner-user inspector" means an inspector who holds
      a valid national board of boiler and pressure vessel inspectors
      owner-user inspector commission and who has passed the
      examination prescribed by the national board or is an American
      petroleum institute certified inspector under a jurisdictionally
      approved owner-user inspection organization.
      
           SECTION 2.  In Colorado Revised Statutes, add 9-4-110.5 as
      follows:
      
           9-4-110.5.  Owner-user inspection organizations - registration.
      (1)  A person, firm, partnership, or corporation operating boilers
      or pressure vessels may seek approval and registration as an
      owner-user inspection organization by filing an application with
      the director on prescribed forms.
      
           (2)  The applicant shall show the name of the organization
      and its principal address and the name and address of the person
      or persons having supervision over inspections made by the
      organization on the application and registration. The applicant
      shall report changes in supervisory personnel to the director
      within thirty days after the change.
      
           (3)  Each owner-user inspection organization shall:
      
           (a)  Conduct inspection of its nonexempt boilers and pressure
      vessels, utilizing only qualified inspection personnel;
      
           (b)  Retain on file at the location where equipment is
      inspected a true record or copy of the report of each inspection
      signed by the owner-user inspector who made the inspection;
      
           (c)  Promptly notify the director of any boiler or pressure
      vessel that does not meet requirements for safe operation;
      
           (d)  Maintain inspection records that include a list of
      nonexempt boilers and pressure vessels, showing the serial number
      and the abbreviated description as may be necessary for
      identification, the date of the last inspection of each unit, the
      approximate date of the next inspection, and documentation of all
      repairs. Such inspection records shall be readily available for
      examination by the director, the chief boiler inspector, or their
      designee during business hours.
      
           (e)  Transmit a statement annually to the director, on a
      date mutually agreed upon. The individual having supervision
      over the inspections made during the period covered shall sign the
      statement and shall include the number of vessels inspected
      during the year and shall certify that each inspection was
      conducted in accordance with the inspection requirements in the
      Colorado boiler and pressure vessel rules.
      
           (4)  A state-issued certificate of inspection is required for
      boilers and pressure vessels inspected by an owner-user inspection
      organization when all of the requirements in this section are met.
      
           (5)  An individual or organization performing an inspection
      pursuant to this section shall have liability insurance appropriate
      for the size and scope of the relevant inspection.
      
           SECTION 3.  Act subject to petition - effective date. This act
      takes effect at 12:01 a.m. on the day following the expiration of the
      ninety-day period after final adjournment of the general assembly (August
      8, 2012, if adjournment sine die is on May 9, 2012); except that, if a
      referendum petition is filed pursuant to section 1 (3) of article V of the state
      constitution against this act or an item, section, or part of this act within
      such period, then the act, item, section, or part will not take effect unless
      approved by the people at the general election to be held in November 2012
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
      
      
      
      ________________________________________________________
      Frank McNulty                      Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO