Illinois Administrative Code

Section 2120.1400 Scope This Subpart covers historical boilers, including steam tractors, traction engines, hobby steam boilers, portable steam boilers, and other boilers that require inspection under the definition of historical boilers. This Subpart is to be enforced in accorda…

Section 2120.1410 Historical Boiler Definition a) An "historical boiler" means a boiler capable of generating steam for motive power when operated for public display, exhibition and/or educational purposes, without regard for its actual physical age or its method of construction.…

Section 2120.1420 Historical Boiler Inspections a) Frequency of Inspection. Historical boilers shall be inspected every two years. b) Preparation for Inspection 1) It is the responsibility of the owner to assure the historical boiler is properly prepared for inspection. 2) As muc…

Section 2120.1430 Fees Fees shall be those established in Section 2120.30. (Source: Added at 37 Ill. Reg. 13424, effective August 1, 2013)

Section 2120.1440 Repairs and Alterations Repairs and alterations shall be performed in accordance with Subpart C of this Part. (Source: Added at 37 Ill. Reg. 13424, effective August 1, 2013)

Section 2120.20 Incorporation of National Standards a) Where standards are incorporated by reference in this Part, the incorporated material does not include any later editions or amendments. b) The Board hereby adopts the following nationally recognized standards and addenda: 1)…

Section 2120.200 New Installations of Pressure Vessels No Pressure Vessel, except those exempted by the Act or this Part shall be installed in this State unless it has been constructed and inspected in conformity with the applicable section of the ASME Boiler and Pressure Vessel …

Section 2120.30 Fees As authorized by the Boiler and Pressure Vessel Safety Act, the Board establishes the following fees to be collected for services rendered: Examinations...................................................................................... $30 Commissions New …

Section 2120.300 Existing Installations of Power Boilers Maximum Allowable Working Pressure for Standard Boilers. The maximum allowable working pressure for standard boilers shall be determined in accordance with the applicable provisions of the edition of the ASME Code under whi…

Section 2120.40 Administration a) Applying State Serial Number. The State serial number on boilers shall be not less than 5/16" in height and shall be preceded by the letter "B". The State serial number on pressure vessels shall be not less than 5/16" in height and shall be prece…

Section 2120.400 Operation of Boilers and Pressure Vessels a) Designation of Operators. Owners of boilers and pressure vessels as defined in the Act shall designate an operator to discharge the duties of operation and maintenance of such devices. b) Maintenance Requirements. Owne…

Section 2120.50 Inspectors, Examinations, Certificate of Competency and Commission. a) Examinations 1) Examinations for Certificate of Competency and Commission as an Inspector of Boilers and Pressure Vessels shall be held the first Wednesday of the months of March, June, Septemb…

Section 2120.500 Existing Installation of Pressure Vessels Maximum Allowable Working Pressure for Standard Pressure Vessels. The maximum allowable working pressure for standard pressure vessels shall be determined in accordance with the applicable provisions of the ASME Code unde…

Section 2120.APPENDIX A Operational and Maintenance Log

Section 2120.EXHIBIT A Hot Water Heating Boilers OFFICE OF THE STATE FIRE MARSHAL DIVISION OF BOILER & PRESSURE VESSEL SAFETY 1035 STEVENSON DRIVE SPRINGFIELD, IL 62703-4259 (217)782-2696 FAX: (217)782-1062 Operational and Maintenance Log Building: Month: Year: Hot Water Heating …

Section 2121.10 Definitions The following definitions shall apply to this Part: "Act" means the Boiler and Pressure Vessel Repairer Regulation Act [225 ILCS 203]. "Board" means the Board of Boiler and Pressure Vessel Rules. "Boiler and Pressure Vessel Repairer" means an organizat…

Section 2121.100 Renewals a) Subject to the terms of subsection (e), each license issued under the Act shall be issued for a period of three years. A renewal notice, along with the renewal forms, will be sent to the organization 90 days prior to the expiration date. Upon receipt …

Section 2121.20 Officer a) If the organization is a sole proprietorship, the owner of the organization or any person exercising managerial control shall be considered an officer. b) If the organization is a partnership, any partner who has at least 10% ownership interest or any p…

Section 2121.30 Application for License a) All applications for a license as a boiler or pressure vessel repairer, whether located in Illinois or out-of-state, shall be submitted to OSFM, on forms provided by OSFM, and shall include all the information required by this Section. 1…

Section 2121.40 Communication by Organization A boiler or pressure vessel repairer shall use in all communications only the organization name or tradestyle exactly as it appears on the organization's license issued by OSFM (e.g., ABC Boiler Repairer cannot use a name such as ABC …

Section 2121.50 Changes of Location of Offices If an organization changes the location of an existing office other than at the time of renewal, the organization shall notify OSFM in writing of the new address at least 30 days prior to the change of location and file the required …

Section 2121.60 Change of Ownership When 51% of the assets, stock or equity of a boiler or pressure vessel repairer organization are sold, a new boiler or pressure vessel repairer application shall be filed with OSFM in accordance with Section 2121.30. (Source: Amended at 35 Ill.…

Section 2121.70 Termination or Change in License a) The license shall terminate when the: 1) Organization ceases operation; 2) Organization ceases to operate under the name on the license; 3) Certificate of Insurance has expired or is nonrenewed or cancelled; 4) License is revoke…

Section 2121.80 Records and Documents to be Kept by Boiler or Pressure Vessel Repairer a) The current license shall be prominently displayed at the location where the organization conducts business. b) Records shall be maintained as required by 41 Ill. Adm. Code 2120. (Source: Am…

Section 2121.90 Availability of Books, Records, Forms and Stationery All books, records, forms and stationery associated with boiler or pressure vessel repair shall be made available to OSFM agents upon request. Failure or refusal by the organization to make these records availab…

Section 2123.10 Definitions "Civil Administrative Code of Illinois" means 20 ILCS 2905. "Board" means the Board of Boiler and Pressure Vessel Rules. "Discipline" means suspension, revocation, probation, refusal to issue or renew a Certificate of Registration. "Office" means the O…

Section 2123.100 Failure to Appear Failure to appear at the time and place set for hearing shall be deemed a waiver of the right to present evidence. After presentation by the Office of an offer of proof that the registrant was given proper notice, the Board shall make its recomm…

Section 2123.110 Amendment, Withdrawal of Complaints and Petitions for Hearing a) The Complaint may be amended at any time. An Amended Complaint may be filed in the same manner as a Complaint, or it may be presented to the Committee or hearing officer during the course of the hea…

Section 2123.120 Requirement of an Answer a) In all contested cases initiated by the Office, the registrant shall file an Answer within ten days after the date on which the Complaint was served. The Answer shall be in writing, signed by the registrant or his representative, and s…

Section 2123.130 Discovery a) Discovery shall not be the subject of motions presented to the Board or hearing officer, except when a motion is made alleging failure to comply with this Section, and requesting relief in the form of dismissal of the case or recommendation to the Bo…

Section 2123.140 Subpoenas a) The State Fire Marshal or his delegate will issue subpoenas for the attendance of witnesses or production of books, records, documents or other evidence. b) Any registrant or petitioner seeking issuance of a subpoena will apply in writing to the Offi…

Section 2123.150 Prehearing Conference a) After a case is initiated, upon the written motion of either party, or on its own motion, the Board or the hearing officer may direct the parties to attend a prehearing conference. b) Unless waived by the parties, the conference will be c…

Section 2123.160 Hearings The sequence to be followed for all contested cases is as follows: a) Preliminary Hearing. The purpose is to set a date on which all parties expect to be prepared and to rule on any preliminary motions which are presented. This may be eliminated by agree…

Section 2123.170 Hearing Officers a) The Board shall conduct the hearing or may appoint any attorney licensed to practice law in Illinois to serve as a hearing officer. b) The hearing officer may be empowered to conduct the hearing, question witnesses, make rulings on motions and…

Section 2123.180 Examination by the Board a) Any member of any Board Committee, or any hearing officer, may examine any witness. b) Either party may object to specific questions asked by the Board Committee or hearing officer, but it shall not be objectionable that a question vio…

Section 2123.190 Burden of Proof a) The burden of proof rests with the Office in all cases initiated by the Office by the filing of a Complaint. A recommendation for discipline may be made by the Board or hearing officer only where the Office establishes by clear and convincing e…

Section 2123.20 Initiation of a Contested Case by the Office a) A contested case is initiated by the Office when a Complaint and Notice are mailed to the licensee's last known address, postage prepaid. b) A Complaint shall be in writing, signed by the Chief Inspector, and shall i…

Section 2123.200 Documents a) Business records shall be admissible. A business record is: 1) Relevant; 2) A memorandum, report, record or data compilation; 3) Made by a person with first-hand knowledge of the facts; 4) Made at or near the time of the facts; 5) Made as part of the…

Section 2123.210 Motions a) Motions will be made in writing, unless otherwise allowed by the Board, hearing officer or Office, during the course of a hearing. Written motions are limited to the following: 1) To request dismissal of a Complaint, for failure to state facts which, i…

Section 2123.220 Evidence a) Except as otherwise provided herein, the rules of evidence applicable to all contested cases will be the rules of evidence which are applicable in civil cases in the State of Illinois. b) Hearsay is not admissible. In addition to any other exceptions …

Section 2123.230 Adverse Witness a) Any party or witness may be called as an adverse witness. In such a case, examination of the witness will be allowed as if under cross-examination. b) Upon a showing that a witness was called in good faith, and that the party calling the advers…

Section 2123.240 Board Reports a) In every contested case, the Board will file a written report which contains its Findings of Fact and Conclusions of Law with respect to the allegations contained in the Complaint or Petition and its decision. b) In a case initiated by the Office…

Section 2123.250 Severability If any Section, subsection, sentence or clause of this Part shall be held by a court of competent jurisdiction to be invalid, such holding shall not affect the remaining portions thereof.

Section 2123.30 Initiation of a Contested Case by Petitioner a) A contested case is initiated by a petitioner when a Petition for Hearing is mailed to the Office, Attention: Chief Inspector, Boiler and Pressure Vessel Safety, 1035 Stevenson Drive, Springfield, IL 62703-4259, post…

Section 2123.40 Joinder In the interest of the efficient disposition of related cases, the Office may join cases relating to multiple respondents or petitioners without regard to whether the cases relate to the same license as long as the cases involve issues of law or fact which…

Section 2123.5 Applicability These rules shall apply to all hearings conducted under the jurisdiction of the Board pursuant to the Boiler and Pressure Vessel Safety Act and the Boiler and Pressure Vessel Repairer Regulation Act.

Section 2123.50 Form of Papers All papers filed or submitted to the Office or Board in a contested case shall be typewritten, on 8½ by 11 inch white paper. The first page of each document shall set forth the names of the parties and the docket number assigned to the case by the O…