Chapter 3. Operation Of Tanks And Boilers of California Labor Code >> Division 5. >> Part 6. >> Chapter 3.
No tank or boiler shall be operated unless a permit for its
operation has been issued by or in behalf of the division.
(a) The division shall inspect or cause to be inspected each
installed tank at least every five years, except for any tank
specified in subdivision (b).
(b) Any air pressure tank which contains 25 cubic feet or less and
is not subject to pressure of more than 150 pounds per square inch
and any liquefied petroleum gas tank used for storage, except a tank
used for dispensing purposes as part of a dispensing unit, which
contains 575 gallons or less shall be inspected or caused to be
inspected by the division when the tank is initially placed into
service if the tank is constructed, inspected and stamped in
compliance with the American Society of Mechanical Engineers (ASME)
Code, or the design, material, and construction of the tank is
approved by the division as equivalent to the ASME Code.
(c) "Dispensing unit," as used in this section, means a stationary
liquefied petroleum gas installation, other than a bulk plant, from
which a product is dispensed, for final utilization, into mobile fuel
tanks or portable cylinders.
The division shall inspect or cause to be inspected each
installed fired boiler internally and externally at least every year,
except that the division may grant extensions to permit the interval
between internal inspections to be increased to a maximum interval
of 36 months where operating experience and design of the boiler has
demonstrated to the satisfaction of the division that equivalent
safety will be maintained.
For other classes of boilers, the division shall establish
internal inspection intervals which will ensure the safety of people
working in the vicinity of the boiler. In determining the intervals,
the division shall consider such factors as the design and
construction of the boilers and the conditions under which they
External inspection shall be made of all boilers at the time of
the internal inspection and at any other intervals as are deemed
necessary by the division acting through qualified safety engineers
and certified inspectors.
(a) If a tank or boiler is found to be in a safe condition
for operation, a permit shall be issued by or on behalf of the
division for its operation.
(b) In the case of a tank, the permit shall continue in effect for
not longer than five years, except for any tank specified in
subdivision (b) of Section 7681.
(c) In the case of a tank specified in subdivision (b) of Section
7681, the permit shall remain in effect as long as the tank is in
compliance with applicable provisions of this part and regulations
contained in Title 8 of the California Administrative Code. A new
inspection and permit for operation shall be required whenever there
is a change in ownership and permanent location of the tank or there
is an alteration or change in the tank which affects the tank's
This subdivision applies to any permit in effect on the effective
date of this subdivision as well as to any permit issued after such
date. Notwithstanding any other provision of law, an insurer is not
liable for any permit issued prior to the effective date of this
subdivision for any tank specified in subdivision (b) of Section 7681
for any period of time exceeding the period for which the last
permit was issued.
(d) In the case of a boiler, the permit shall continue in effect
for a period which is not longer than one year.
Each permit or a clear reproduced copy thereof shall be
posted in a protective container in a conspicuous place on or near
the tank or boiler covered by it.
The division may issue and renew temporary permits for not to
exceed 30 days each, pending the making of replacements or repairs.
Upon good cause being shown therefor, and after notice and an
opportunity to be heard, the division may revoke any permit.
If the inspection shows a tank or boiler to be in an unsafe
or dangerous condition, the division may issue a preliminary order
requiring such repairs or alterations to be made to it as are
necessary to render it safe, and may order its use discontinued until
the repairs or alterations are made or the dangerous or unsafe
condition is remedied.
Unless the preliminary order is complied with, a hearing
before the division shall be allowed, upon request, at which the
owner, operator, or other person in charge of the tank or boiler may
appear and show cause why he should not comply with the order.
If it thereafter appears to the division that the tank or
boiler is unsafe and that the requirements contained in the
preliminary order should be complied with, or that other things
should be done to make the tank or boiler safe, the division may
order or confirm the withholding of the permit and may make such
requirements as it deems proper for the repair or alteration of the
tank or boiler, or the correction of the dangerous and unsafe
The order may be reheard by the division, or reviewed by the
courts, in the manner specified by this code for safety orders, and
If the operation of a tank or boiler constitutes a serious
menace to the life or safety of any person employed about it, the
division or any of its safety engineers or any person affected
thereby, may apply to the superior court of the county in which the
tank or boiler is situated for an injunction restraining its
operation until the condition has been corrected.
The certification of the division that no valid permit exists
for the operation of a tank or boiler, and the affidavit of any
safety engineer of the division that its operation constitutes a
menace to the life or safety of any person employed about it, is
sufficient proof to warrant the immediate granting of a temporary