Reports

When a special inspector performs a first inspection of a boiler and finds that the boiler or any of the appurtenances thereof are in such condition that the insurance company refuses to insure such boiler, said inspection agency or said special inspector shall notify the mechanical bureau of that fact in writing, with a list describing the defects so found, within ten (10) days of the inspection date, along with a phone call within twenty-four (24) hours. [1-1-98; 14.9.4.21 NMAC - Rn, 14 NMAC 9.4.21, 08-01-03] 14.9.4.22 BOILERS FOUND TO BE UNSAFE TO OPERATE; NON-CODE COMPLIANCE CONDITIONS: A. If, upon inspection, a boiler is found to be in such condition that it is unsafe to operate, a RED tag or the equivalent shall be attached to the boiler and the owner or user shall have an appropriate New Mexico licensed contractor make required repairs. B. If, upon inspection, a non-code compliance condition is noted, the special inspector may, or a representative of construction industries division may: (1) shut the vessel down until the condition is corrected and tag the equipment with a RED tag or the equivalent; or (2) tag the vessel with a YELLOW tag or the equivalent and allow the vessel to operate until the condition is corrected. (3) An immediate appeal may be made if a boiler is found unsafe to the mechanical bureau before the boiler is stamped as provided in Section 21 [now 14.9.4.21 NMAC] (Reports) of these rules. (4) The decision of the bureau to shut a vessel down may be appealed to the construction industries commission.