CHAPTER 461

FORMERLY HOUSE BILL NO. 666 AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLES 16 AND 29, DELAWARE CODE, RELATING TO THE DIVISION OF BOILER SAFETY.

Be it enacted by the General Assembly of the State of Delaware: (two-thirds of all members elected to each House concurring therein):

Section 1. Amend Section 8211 (b), Title 29, Delaware Code, by striking the words "State Fire Marshal" wherever they appear in said paragraph and substitute in lieu thereof "Director of the Division of Boiler Safety."

Section 2. Amend Section 8503, Title 16, Delaware Code, by striking said section in its entirety and substitute in lieu thereof the following:

§ 8503. The Division of Boiler Safety shall adopt the rules and regulations previously formulated by the Board of Boiler Rules provided that the Director of the Division of Boiler Safety shall have the authority to promulgate such amendments and additions to these rules and regulations, as he deems necessary for the safe and proper construction and use of boilers and pressure vessels. Such amendments shall conform, insofar as is feasible, to the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers and the National Board of Boiler and Pressure Vessel Inspector's Inspection Code.

Section 3. Amend Section 8504, Title 16, Delaware Code, by striking the first sentence thereof and substitute in lieu thereof a new sentence to read as follows:

The rules formulated by the Division of Boiler Safety shall become effective and binding on manufacturers and users of boilers and pressure vessels upon the approval of the Secretary of Public Safety and the Attorney General.

Section 4. Amend Section 8505, Title 16, Delaware Code,by striking said section in its entirety and substitute in lieu thereof a new section to read as follows:

§ 8505. Whoever violates any of the rules, regulations or requirements of the Division of Boiler Safety shall be fined not more than $200 or imprisoned not more than 30 days, or both. Justices of the Peace shall have original jurisdiction to hear, try and finally determine alleged violations of this section.

Section 5. Amend Section 8203 (B), Title 29, Delaware Code, by striking subsection (B) in its entirety and substitute in lieu thereof a new subsection (B) to read as follows:

(B) A Director of the Division of Boiler Safety who shall be known as the Director of Boiler Safety and who shall be a qualified professional engineer as defined in 24 Delaware Code, Section 2701, and to be registered pursuant to the provisions of 24 Delaware Code, Section 2721 and shall hold a valid National Board of Boiler and Pressure Vessel Inspectors commission.

Approved June 26, 1972.