Boilers and Pressure Vessels Regulation 1954 (ACT)

This regulation prescribes technical, inspection and administrative requirements for boilers and pressure vessels in the Australian Capital Territory. It operates under the Machinery Act 1949 and sets out mandatory fittings, structural and setting standards, inspection and certification procedures, notice and reporting obligations, and enforcement mechanisms. The regulation applies to closed vessels used to generate steam at pressures greater than atmospheric pressure (boilers) and closed vessels subjected to pressure by liquids, vapours, air or other gases (pressure vessels), unless expressly exempted (see s 6 and the dictionary).

Mechanically, the instrument requires operators to ensure specified safety devices are fitted and maintained: safety valves, water gauges, pressure gauges, feed-check valves, blow-down valves and other devices directed by an inspector (see s 7 for boilers, s 17 for pressure vessels and s 16 for inspector directions). It sets construction-related requirements, for example the form and capacity of safety valves (s 7(1)(a)), groove dimensions on lap joints for cracking indication (s 21), and rules about lagging materials (s 19). It also prescribes site and setting requirements such as boiler-house illumination, flooring for liquid fuel use and exits where directed (s 15).

On the inspection side, the regulation makes it an offence to use a boiler or pressure vessel without a certificate of inspection in force (s 22). The chief inspector issues certificates after inspection (s 24), which normally remain in force for 12 months (s 25). Inspectors have powers of entry to premises to inspect boilers and pressure vessels (s 29), power to require or carry out internal inspections with prior notice in most cases (s 30), and power to drill test holes to measure plate thickness (s 34). Inspectors and the chief inspector can require repairs, suspensions or cessation of use for safety reasons and may cancel or suspend certificates (s 35, s 26). Appeals against inspector notices go to the Minister within specified short periods (s 36).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Boilers and Pressure Vessels Regulation 1954 SL1954-12 made under the Machinery Act 1949 Republication No 6 Effective: 1 March 2011 Republication date: 1 March 2011 Last amendment made by A2011-3

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Boilers and Pressure Vessels Regulation 1954, made under the Machinery Act 1949 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 March 2011. It also includes any commencement, amendment, repeal or expiry affecting the republished law to 1 March 2011. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

R6 01/03/11 Boilers and Pressure Vessels Regulation 1954 Effective: 01/03/11 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Boilers and Pressure Vessels Regulation 1954 made under the Machinery Act 1949 Contents Page Part 1 Preliminary 1 Name of regulation 2 2 Dictionary 2 3 Notes 2 6 Exemption 2 Part 2 Design and fittings Division 2.1 Boilers 7 Fittings of boilers 4 8 Mudleg and blow-down pipe connections 5

Contents Page contents 2 Boilers and Pressure Vessels Regulation 1954 Effective: 01/03/11 R6 01/03/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 9 Valves on interconnecting pipes 6 10 Expansion and contraction of interconnecting pipes 6 11 Internally fired boilers 6 12 Boilers fired by liquid fuel 6 13 Boilers set in brickwork 7 14 Dampers 7 15 Boilers erected in permanent position to be protected by boiler house 7 Division 2.2 Pressure vessels 16 Fittings of pressure vessels 8 17 Pressure vessels subjected to pressure by air 9 Division 2.3 General 18 Supporting structures and settings 10 19 Lagging 10 20 Pressure reducing valves 11 21 Grooves to indicate cracking 11 Part 3 Inspection 22 Boilers and pressure vessels not to be used without certificate of inspection 13 24 Certificate of inspection 13 25 Duration of certificate 13 26 Cancellation or suspension of certificate 14 27 Certificate to be exhibited 15 28 Registered number to be on boiler or pressure vessel 15 29 Power of entry 15 30 Notice of internal inspection of boilers and pressure vessels 16 31 Duties of owner on internal inspection 16 32 Inspector may call in aid 17 33 Defects not to be concealed from inspector 17 34 Holes may be drilled 17 35 Notice to cease to use or to repair 17 36 Appeal against notice 18 Part 5 Miscellaneous 42 Testing of boilers and pressure vessels 20

Contents Page R6 01/03/11 Boilers and Pressure Vessels Regulation 1954 Effective: 01/03/11 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 43 Notice to be given if boiler or pressure vessel disposed of 21 44 Notice to be given of accident causing damage, death or injury 21 45 Boiler or pressure vessel not to be used unless in safe working condition 22 46 Interference with boiler or pressure vessel 22 47 Disfiguring registered number 22 48 False representation 22 50 Penalty 23 Dictionary 24 Endnotes 1 About the endnotes 26 2 Abbreviation key 26 3 Legislation history 27 4 Amendment history 28 5 Earlier republications 32

R6 01/03/11 Boilers and Pressure Vessels Regulation 1954 Effective: 01/03/11 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Boilers and Pressure Vessels Regulation 1954 made under the Machinery Act 1949

Part 1 Preliminary Section 1 page 2 Boilers and Pressure Vessels Regulation 1954 Effective: 01/03/11 R6 01/03/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of regulation This regulation is the Boilers and Pressure Vessels Regulation 1954. 2 Dictionary The dictionary at the end of this regulation is part of this regulation. Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation. Note 2 A definition in the dictionary applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 3 Notes A note included in this regulation is explanatory and is not part of this regulation. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. 6 Exemption (1) This regulation does not apply to— (a) a boiler or pressure vessel used or operated by or on behalf of the Australian National Railways Commission; or (b) a boiler or pressure vessel being, or forming part of, the propelling machinery of a boat, ship or vessel; or (c) an aluminium beer keg of a capacity not exceeding 13.65L, a domestic hot water tank or a domestic pressure cooker, being of a type approved in writing by the Minister; or (d) a boiler or pressure vessel in relation to which a certificate of exemption under subsection (2) is in force.

Preliminary Part 1 Section 6 R6 01/03/11 Boilers and Pressure Vessels Regulation 1954 Effective: 01/03/11 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) If the Minister considers that a certificate under this subsection may be granted without endangering lives or property, the Minister may grant to an operator of a boiler or pressure vessel a certificate exempting the boiler or pressure vessel from the application of this regulation subject to the conditions that are specified in the certificate.f

Part 2 Design and fittings Division 2.1 Boilers Section 7 page 4 Boilers and Pressure Vessels Regulation 1954 Effective: 01/03/11 R6 01/03/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Design and fittings Division 2.1 Boilers 7 Fittings of boilers (1) A boiler must not be used or operated unless it has fitted or attached to it— (a) 2 or more efficient safety valves in accordance with the following requirements: (i) 1 of the safety valves must be covered over and sealed and fitted with lifting gear that enables the valve to be eased off its seat at any time; (ii) the safety valves must be of the direct spring-loaded type, except that 1 may be of the lever type; (iii) the seats or discs of the safety valves must not be made of cast iron; (iv) each safety valve must be of sufficient area so that the pressure in the boiler cannot exceed by more than 1/10 the maximum allowable working pressure during a test under the maximum firing conditions of the boiler with the stop valves shut and the feed water shut off; (v) each safety valve must be separate from any stop valve; and (b) an efficient stop valve connecting the boiler to any steam outlet pipe other than a saturated steampipe to a superheater; and (c) 2 efficient glass water gauges that are— (i) placed so that the water level is clearly visible to the boiler attendant from the attendant’s normal working position; and

Design and fittings Part 2 Boilers Division 2.1 Section 8 R6 01/03/11 Boilers and Pressure Vessels Regulation 1954 Effective: 01/03/11 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) fitted with a guard to prevent injury to a person in the vicinity of the boiler if the gauge glass breaks; and (iii) separately connected to the shell of the boiler; and (d) an efficient steam pressure gauge connected to the steam space that— (i) indicates the pressure of steam in the boiler in kPa; and (ii) will indicate pressures up to 11/2 times the maximum allowable working pressure of the boiler; and (iii) has marked on it by means of a red line the maximum allowable working pressure of the boiler; and (iv) is placed so that it is clearly visible to the boiler attendant from the attendant’s normal working position; and (e) an efficient feed-check valve; and (f) an efficient blow-down cock or valve; and (g) any other equipment that an inspector directs in writing be fitted or attached to the boiler. (2) A boiler that has less than 9m2 of heating surface— (a) is taken to be in accordance with the requirements of subsection (1) (a) if it is fitted with 1 safety valve of the direct spring-loaded type in accordance with that paragraph; and (b) is taken to be in accordance with the requirements of subsection (1) (c) if it is fitted with 1 efficient glass water gauge in accordance with subsection (1) (c) (i) and (ii) and with 2 efficient test cocks. 8 Mudleg and blow-down pipe connections A boiler must not be used or operated unless mudleg and blow down pipe connections are protected by brickwork or other fire-resisting material.

Part 2 Design and fittings Division 2.1 Boilers Section 9 page 6 Boilers and Pressure Vessels Regulation 1954 Effective: 01/03/11 R6 01/03/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 9 Valves on interconnecting pipes If 2 or more boilers are connected to the same steam main, none of the boilers must be used or operated unless the outlet pipe from each boiler is fitted with— (a) an efficient self-closing stop valve; or (b) an efficient valve of the combined stop and non-return type; or (c) an efficient stop valve having a separate non-return valve fitted to its outlet. 10 Expansion and contraction of interconnecting pipes If 2 or more boilers are arranged to work in conjunction, none of the boilers must be used or operated unless the connecting pipes are constructed to allow for expansion and contraction. 11 Internally fired boilers An internally fired boiler must not be used or operated unless— (a) it is fitted with a fusible plug; and (b) if an ash pan is fitted—both the ash pan and the fire bar bearers are removable to allow the thorough examination of the fire boxes and tubes. 12 Boilers fired by liquid fuel If a boiler is fired by liquid fuel, it must not be used or operated unless— (a) the liquid fuel equipment is constructed so that the liquid supply to a burner must be shut off before the burner can be removed; and (b) the furnace is constructed so that liquid fuel will not accumulate at the bottom of the furnace.

Design and fittings Part 2 Boilers Division 2.1 Section 13 R6 01/03/11 Boilers and Pressure Vessels Regulation 1954 Effective: 01/03/11 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 13 Boilers set in brickwork A boiler set in brickwork must not be used or operated unless— (a) it is fitted with hinged doors without a catch or fastening that close by gravity and have a clear opening of not less than 1/2 the area of the outlet damper opening to provide relief from explosion; and (b) firebrick used in contact with the boiler is bonded with fireclay or other similar refractory material. 14 Dampers If a boiler fired by oil, gas or pulverised fuel has outlet dampers, the boiler must not be used or operated unless— (a) the dampers are capable of being locked open to an extent that gas does not accumulate; and (b) if the dampers entirely close the chimney or flues—they are effectively interlocked with the burner equipment in a way that the burners will not operate unless the dampers are open; and (c) if other boilers are connected to the same system of flues—the dampers are arranged so that the boiler may be isolated. 15 Boilers erected in permanent position to be protected by boiler house A boiler erected in a permanent position must not be used or operated unless it is protected from the weather by a boiler house that is in accordance with the following requirements: (a) the illumination in the boiler house when the boiler is used or operated must be— (i) not less than 54 lumens per m2 at any point; and

Part 2 Design and fittings Division 2.2 Pressure vessels Section 16 page 8 Boilers and Pressure Vessels Regulation 1954 Effective: 01/03/11 R6 01/03/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) arranged so that the gauges on the boiler are clearly visible to the boiler attendant from the attendant’s normal working position; and (b) if liquid fuel is used—the floor of the boiler house must be— (i) impervious to the liquid fuel; and (ii) graded so that the liquid fuel does not accumulate on it; and (c) if the boiler house is fitted with doors—the doors must be of the swing type and open outwards; and (d) if the chief inspector directs in writing— (i) exits must be provided from the boiler house in the places that the chief inspector considers necessary to allow people to escape if an accident happens; and (ii) flameproof lighting equipment, fittings and lamps must be used. Division 2.2 Pressure vessels 16 Fittings of pressure vessels (1) An inspector may, by written notice to the operator of a pressure vessel, direct that there be fitted or attached to the pressure vessel the devices to indicate, control or relieve pressure that the inspector considers necessary. Note For how documents may be served, see the Legislation Act, pt 19.5. (2) If a direction has been given under subsection (1) in relation to a pressure vessel, the pressure vessel must not be used or operated unless the devices are fitted or attached to it in a way approved by an inspector.

Design and fittings Part 2 Pressure vessels Division 2.2 Section 17 R6 01/03/11 Boilers and Pressure Vessels Regulation 1954 Effective: 01/03/11 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 17 Pressure vessels subjected to pressure by air A pressure vessel subjected to pressure by air must not be used or operated unless it has fitted or attached to it— (a) a safety valve (which may be the valve mentioned in paragraph (b)) covered over and sealed and fitted with lifting gear that enables the valve to be eased off its seat at any time; and (b) at least 1 efficient direct spring-loaded safety valve, the seat or disc of which is not of cast iron, and that is of sufficient area that it is impossible for the pressure in the pressure vessel to exceed— (i) if the maximum allowable working pressure is less than 689kPa—the maximum allowable working pressure plus 1/10 of the maximum allowable working pressure; and (ii) if the maximum allowable working pressure is 689kPa or more—the maximum allowable working pressure plus 68kPa; and (c) an efficient pressure gauge that— (i) indicates the pressure in the pressure vessel in kilopascals; and (ii) will indicate pressures up to 11/2 times the maximum allowable working pressure of the pressure vessel; and (iii) has marked on it by means of a red line the maximum allowable working pressure of the pressure vessel; and (iv) is placed to be readily visible to a person supervising the operating of the pressure vessel; and (d) a cock or valve for draining the pressure vessel; and

Part 2 Design and fittings Division 2.3 General Section 18 page 10 Boilers and Pressure Vessels Regulation 1954 Effective: 01/03/11 R6 01/03/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (e) accessholes or handholes or other means of access to allow the whole of the interior of the pressure vessel to be cleaned and inspected. Division 2.3 General 18 Supporting structures and settings A boiler or pressure vessel must not be used or operated unless the supporting structure and setting— (a) is effectively protected and insulated from furnace heat by brickwork or other means; and (b) is effectively protected from drainage from roofs, steampipes and other sources; and (c) is on foundations that are firm and effectively drained; and (d) is constructed to provide means to enable the thorough and safe inspection of every part of the boiler or pressure vessel and not to obstruct an opening for ingress to the boiler or pressure vessel; and (e) for a boiler—includes a door or doors giving access to the boiler, each having a minimum area of 1 240cm2 and a least dimension in any 1 direction of not less than 250mm, and firebox doors providing a clear opening of not less than 380mm by 250mm if the firebox doors are the only means or access to the firebox. 19 Lagging A boiler or pressure vessel must not be used or operated if the lagging— (a) consists of building bricks or firebricks; or (b) is heat conducting; or (c) is of such a nature as not to indicate the presence of leaks.

Design and fittings Part 2 General Division 2.3 Section 21 R6 01/03/11 Boilers and Pressure Vessels Regulation 1954 Effective: 01/03/11 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 20 Pressure reducing valves (1) This section applies if the maximum allowable working pressure of a boiler or pressure vessel (the first unit) is higher than the maximum allowable working pressure of a boiler or pressure vessel to which it is connected (the second unit). (2) The first unit may be used or operated only if there is fitted between the first and second unit an efficient pressure reducing valve with a safety valve and pressure gauge between the pressure reducing valve and the second unit. 21 Grooves to indicate cracking (1) When lap riveted or lap welded construction is used on the longitudinal joints of a boiler or pressure vessel the boiler or pressure vessel must not be used or operated unless grooves are cut in the outside plate to give positive indication of cracking, scoring or corrosion of the plate adjacent to the inside edge of the joints, in accordance with requirements of this section. (2) The grooves must be— (a) cut at right angles to, and immediately over, the inside edge of each joint; and (b) approximately equidistant from each other and not more than 600mm apart; and (c) not less than 5 nor more than 7mm wide; and (d) cut to a depth of 1/2 the plate thickness; and (e) cut from the outer line of rivet holes or the outer weld line, as the case may be, to a point 11/2 times the plate thickness beyond the edge of the joint; and (f) accessible for inspection at any time. (3) Each lap joint must have at least 3 grooves.

Part 2 Design and fittings Division 2.3 General Section 21 page 12 Boilers and Pressure Vessels Regulation 1954 Effective: 01/03/11 R6 01/03/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) One groove must be located approximately at the centre of the plate length.

Inspection Part 3 Section 22 R6 01/03/11 Boilers and Pressure Vessels Regulation 1954 Effective: 01/03/11 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Inspection 22 Boilers and pressure vessels not to be used without certificate of inspection A boiler or pressure vessel must not be used or operated unless there is a certificate of inspection in force in relation to the boiler or pressure vessel. 24 Certificate of inspection (1) When an inspector has inspected a boiler or pressure vessel and is satisfied that it is in good repair and may be safely used or operated, the chief inspector may— (a) issue to the operator a certificate of inspection; and (b) for the issue of a first certificate of inspection under this regulation—allot a registered number to the boiler or pressure vessel. (2) A certificate of inspection must state the maximum allowable working pressure of the boiler or pressure vessel to which it relates. (3) For a boiler if the part in which steam is generated is constructed of cast iron, the maximum allowable working pressure must not be more than 100 kilopascals. 25 Duration of certificate (1) Subject to this section and section 26, a certificate of inspection of a boiler or pressure vessel remains in force for 12 months from the date of the inspection to which it relates.

Part 3 Inspection Section 26 page 14 Boilers and Pressure Vessels Regulation 1954 Effective: 01/03/11 R6 01/03/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) If the chief inspector is satisfied that a new inspection of a boiler or pressure vessel cannot be made within the period for which its certificate of inspection is in force under subsection (1), the certificate of inspection remains in force for the further period or periods not longer than in the whole 3 months that the chief inspector, by signed writing, directs. (3) A certificate of inspection of— (a) a fumigating unit of the knapsack type in which pressure is generated by a handpump; or (b) a vessel used for spray painting if the maximum allowable working pressure does not exceed 200kPa; remains in force until it is cancelled or suspended or it ceases to have effect under section 26. 26 Cancellation or suspension of certificate (1) If the chief inspector considers it necessary in the interests of safety to do so, the chief inspector may at any time cancel or suspend the certificate of inspection of a boiler or pressure vessel. (2) A certificate of inspection of a boiler or pressure vessel ceases to have effect if— (a) while the certificate of inspection is in force a material alteration, addition or repair is made to the boiler or pressure vessel without the written approval of an inspector; or (b) the boiler or pressure vessel is sold or in any other way absolutely disposed of, or dismantled.

Inspection Part 3 Section 27 R6 01/03/11 Boilers and Pressure Vessels Regulation 1954 Effective: 01/03/11 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 27 Certificate to be exhibited The operator of a boiler or pressure vessel must— (a) within 14 days after the issue of a certificate of inspection in relation to the boiler or pressure vessel, place the certificate of inspection under glass or other transparent material in some conspicuous dry place where it can be seen and read by everyone working at or in connection with the boiler or pressure vessel; and (b) ensure the certificate of inspection remains in that place while it is in force. 28 Registered number to be on boiler or pressure vessel (1) On the issue of the first certificate of inspection in relation to a boiler or pressure vessel under this regulation an inspector must — (a) stamp on the boiler or pressure vessel; or (b) attach to the boiler or pressure vessel a metal plate on which is stamped; the registered number of the boiler or pressure vessel. (2) The operator must ensure the registered number is kept clean and distinct. 29 Power of entry (1) Subject for an internal inspection to section 30, an inspector may, at any time, enter into or on premises for the purpose of inspecting or examining a boiler or pressure vessel on the premises. (2) The entry may be made between sunset and sunrise only when the boiler or pressure vessel is in operation.

Part 3 Inspection Section 30 page 16 Boilers and Pressure Vessels Regulation 1954 Effective: 01/03/11 R6 01/03/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 30 Notice of internal inspection of boilers and pressure vessels An inspector who intends to carry out an internal inspection of a boiler or pressure vessel otherwise than in accordance with a request by the operator must give the operator 14 days written notice of the time when the inspector intends to make the inspection. 31 Duties of owner on internal inspection For the purpose of the internal inspection of a boiler or pressure vessel, the operator must — (a) before the time fixed for the inspection— (i) ensure the boiler or pressure vessel is emptied and cooled to the temperature that the inspector directs and cleaned and dried; and (ii) if required by the inspector, have all accesshole doors, covers and caps removed, all tubes withdrawn, and all furnace bars and bricks, and stone or other bridges removed; and (iii) ensure all furnaces, flues, fire tubes, smoke boxes and uptakes are swept clean; and (iv) if required by the inspector, remove any casing or lagging; and (b) during the inspection— (i) keep the boiler or pressure vessel effectively isolated from any steam, water, oil, gas or electrical connection from any source; and (ii) do the other things and render the assistance that the inspector requires to enable the inspector to make an efficient inspection.

Inspection Part 3 Section 32 R6 01/03/11 Boilers and Pressure Vessels Regulation 1954 Effective: 01/03/11 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 32 Inspector may call in aid (1) While on premises for the purposes of an inspection an inspector may require a person employed or working on the premises to assist the inspector, and may require the operator to explain the working of the boiler or pressure vessel being inspected and to answer questions about compliance with this regulation. (2) A person must comply with a requirement made of the person under subsection (1). 33 Defects not to be concealed from inspector A person must not conceal from an inspector any defect, bad workmanship or defective fittings in or in connection with a boiler or pressure vessel. 34 Holes may be drilled (1) For the purposes of an inspection an inspector may drill, or, if an inspector directs, the operator must drill, in or through a boiler or pressure vessel the holes that the inspector considers necessary to test the thickness of the plates of the boiler or pressure vessel. (2) If holes have been drilled under subsection (1), the operator must afterwards plug the holes to the satisfaction of the inspector. 35 Notice to cease to use or to repair (1) If it appears to an inspector on inspection of a boiler or pressure vessel— (a) that it is not in a safe working condition; or (b) that it can be worked safely only at a pressure lower than the maximum allowable working pressure; or (c) that it is not adequately protected from corrosion; or (d) that its supporting structure or setting requires strengthening or alteration; or

Part 3 Inspection Section 36 page 18 Boilers and Pressure Vessels Regulation 1954 Effective: 01/03/11 R6 01/03/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (e) for a boiler—that it is not adequately protected from the weather; the inspector may serve a written notice on the operator requiring the operator— (f) to not use or operate the boiler or pressure vessel; or (g) to not use or operate the boiler or pressure vessel until the alterations, additions or repairs stated in the notice have been effected to the satisfaction of an inspector; or (h) to not use or operate the boiler or pressure vessel at a pressure greater than that stated in the notice; or (i) to not operate the boiler or pressure vessel at a pressure greater than that stated in the notice until the alterations, additions or repairs stated in the notice have been effected to the satisfaction of an inspector. Note For how documents may be served, see the Legislation Act, pt 19.5. (2) Subject to section 36, an operator must— (a) comply with the requirements of a notice served on the operator under this section; and (b) take the measures that are necessary to prevent any other person from doing anything in relation to the boiler or pressure vessel that, under the notice, the operator is required to refrain from doing. 36 Appeal against notice (1) An operator may, within 7 days after service on the operator of a notice under section 35, appeal to the Minister in writing against a requirement contained in the notice. (2) The Minister may allow or refuse an appeal under subsection (1) or may vary the requirement against which the appeal was made.

Inspection Part 3 Section 36 R6 01/03/11 Boilers and Pressure Vessels Regulation 1954 Effective: 01/03/11 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) If the Minister varies the requirement, the operator must comply with the requirement as varied by the Minister.

Part 5 Miscellaneous Section 42 page 20 Boilers and Pressure Vessels Regulation 1954 Effective: 01/03/11 R6 01/03/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Miscellaneous 42 Testing of boilers and pressure vessels (1) The operator of a boiler or pressure vessel must give the chief inspector written notice of the following events as soon as possible after the event happens: (a) the boiler or pressure vessel is placed in operation for the first time; (b) the boiler or pressure vessel is re-erected in a new permanent position; (c) the boiler or pressure vessel is altered or repaired. (2) If an inspector by written notice requires, the operator of a boiler or pressure vessel must hydrostatically test the boiler or pressure vessel at a time and in the way directed by the inspector. Note For how documents may be served, see the Legislation Act, pt 19.5. (3) A person must not test a seam, joint, fitting or other part of a boiler or pressure vessel for pressure tightness by a means other than water pressure without the written permission of the chief inspector under subsection (4). (4) The chief inspector may give written permission for the testing of a seam, joint, fitting or other part of a boiler or pressure vessel for pressure tightness by a means other than water pressure if the chief inspector is satisfied that the testing can be safely carried out by that other method. (5) The operator of a boiler or pressure vessel that is tested under this section must immediately give the chief inspector written notice of the results of the test.

Miscellaneous Part 5 Section 43 R6 01/03/11 Boilers and Pressure Vessels Regulation 1954 Effective: 01/03/11 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 43 Notice to be given if boiler or pressure vessel disposed of (1) If a person sells or in any other way absolutely disposes of, or lets on hire or lends a boiler or pressure vessel, or returns a boiler or pressure vessel after a hiring or borrowing, the person must give written notice to the chief inspector. Note For how documents may be served, see the Legislation Act, pt 19.5. (2) A notice under subsection (1) must be given within 7 days after the sale or other disposition, letting, hiring or return, and must state the registered number (if any) of the boiler or pressure vessel and the name, address and occupation of the person to whom it was sold or otherwise disposed of, let, hired or returned. 44 Notice to be given of accident causing damage, death or injury (1) If, as the result of an accident to, affecting or caused by a boiler or pressure vessel— (a) the boiler or pressure vessel is damaged; or (b) a person is killed or sustains an injury that is likely to incapacitate the person for more than 48 hours; the operator must, within 24 hours after the accident, give written notice of the damage, death or injury to the chief inspector. (2) A person must not, without the consent of an inspector, move or interfere with, or with a part of— (a) a boiler or pressure vessel involved in an accident of which notice is required to be given under subsection (1); or (b) an object, article or thing affected or damaged as a result of such an accident; unless that movement or interference is necessary to aid or relieve a person involved in the accident or to prevent further injury to any person or property.

Part 5 Miscellaneous Section 45 page 22 Boilers and Pressure Vessels Regulation 1954 Effective: 01/03/11 R6 01/03/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 45 Boiler or pressure vessel not to be used unless in safe working condition (1) An operator must not use or operate the operator’s boiler or pressure vessel unless it is maintained in a safe working condition and the fittings are in correct adjustment. (2) If an operator has reason to believe that the operator’s boiler or pressure vessel is in a condition in which it may not be used or operated without endangering lives or property, the operator must— (a) immediately notify the chief inspector in writing; and (b) not use or operate the boiler or pressure vessel until permitted to do so by the chief inspector. 46 Interference with boiler or pressure vessel A person must not, except for the purposes of tests or trials— (a) use or operate a boiler or pressure vessel at a pressure greater than its maximum allowable working pressure; or (b) do anything to increase or tend to increase the pressure in a boiler or pressure vessel beyond the maximum allowable working pressure of the boiler or pressure vessel; or (c) tamper with a boiler or pressure vessel so as to interfere with its proper efficiency. 47 Disfiguring registered number A person must not, without the written permission of the chief inspector, disfigure, destroy or conceal a registered number stamped on or attached to a boiler or pressure vessel. 48 False representation A person must not make a false representation in connection with the issue of a certificate of inspection.

Miscellaneous Part 5 Section 50 R6 01/03/11 Boilers and Pressure Vessels Regulation 1954 Effective: 01/03/11 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 50 Penalty A person must not— (a) use or operate a boiler or pressure vessel in contravention of this regulation; or (b) wilfully impede an inspector in the execution of his or her duty; or (c) contravene a provision of this regulation that applies to the person. Maximum penalty: $100.

Dictionary page 24 Boilers and Pressure Vessels Regulation 1954 Effective: 01/03/11 R6 01/03/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this regulation. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • document • Minister (see s 162) • person. Note 3 Terms used in this regulation have the same meaning that they have in the Machinery Act 1949 (see Legislation Act, s 148). For example, the following terms are defined in the Machinery Act 1949, dict: • chief inspector • inspector • machinery. boiler means a closed vessel in which steam is or can be generated at a pressure greater than that of the atmosphere, and includes any plant, apparatus or appliance fitted to, or used in connection with, such a vessel. boiler attendant means a person engaged in firing or controlling the feed water to a boiler. boiler house includes boiler room. certificate of inspection means a certificate issued under part 3. maximum allowable working pressure, in relation to a boiler or pressure vessel, means the maximum allowable working pressure specified in the certificate of inspection for the time being in force in relation to the boiler or pressure vessel. operate includes cause or permit to be operated. operator means the owner or other person having the management and control of a boiler or pressure vessel. premises means—

Dictionary R6 01/03/11 Boilers and Pressure Vessels Regulation 1954 Effective: 01/03/11 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (a) a house, building, structure, yard, mine, timber area, farm, paddock, field, road or place; or (b) a boat, ship or vessel, not propelled by its own motive power. pressure vessel means a closed vessel that is subjected to pressure (including pressure due to a static head) by liquids, vapours or air or other gases, other than a closed vessel heated by fire or the products of combustion or by electrical means or a cylinder for the storage and transport of compressed gases, and includes any plant, apparatus or appliance fitted to, or used in connection with the raising of pressure in, such a vessel. registered number means the number allotted to a boiler or pressure vessel under section 24. use includes cause or permit to be used.

Endnotes 1 About the endnotes page 26 Boilers and Pressure Vessels Regulation 1954 Effective: 01/03/11 R6 01/03/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes Legislation history 3 R6 01/03/11 Boilers and Pressure Vessels Regulation 1954 Effective: 01/03/11 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history This regulation was originally called the Boilers and Pressure Vessels Regulations and was originally made under a Commonwealth ordinance—the Machinery Ordinance 1949 No 11 (Cwlth). The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT, and the regulations made under them, into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. The Machinery Ordinance 1949 and the Boilers and Pressure Vessels Regulations were converted into ACT enactments on 11 May 1989 (self-government day). As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21, s 5 on 11 May 1989 (self-government day). This regulation was renamed under the Legislation Act 2001. Before 12 September 2001, regulations commenced on their notification day unless otherwise stated (see Interpretation Ordinance 1937 s 16, Interpretation Act 1967 s 50, Subordinate Laws Act 1989 s 6). Legislation before becoming Territory enactment Boilers and Pressure Vessels Regulation 1954 SL1954-12 notified 26 August 1954 commenced 15 March 1955 (s 2 and Cwlth Gaz 1955 p 510) as amended by Amendments of the Boilers and Pressure Vessels Regulations SL1959-17 notified 31 December 1959 commenced 31 December 1959 Regulations to repeal certain Regulations and to revise certain Regulations in force under the Ordinances of the Australian Capital Territory SL1980-3 (as am SL1980-14) sch notified 25 March 1980 commenced 25 March 1980 Regulations to amend Regulations 1980 No 3 SL1980-14 sch notified 9 October 1980 taken to have commenced 25 March 1980

Endnotes 4 Amendment history page 28 Boilers and Pressure Vessels Regulation 1954 Effective: 01/03/11 R6 01/03/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Boilers and Pressure Vessels Regulations (Amendment) SL1982-33 notified 18 August 1982 commenced 18 August 1982 Boilers and Pressure Vessels Regulations (Amendment) SL1983-11 notified 30 September 1983 commenced 1 October 1983 (s 1) Legislation after becoming Territory enactment Statutory Offices (Miscellaneous Provisions) Act 1994 A1994-97 sch pt 2 notified 15 December 1994 (Gaz 1994 No S280) s 1, s 2 commenced 15 December 1994 (s 2 (1)) sch pt 2 commenced 15 December 1994 (s 2 (2) and Gaz 1994 No S293) Occupational Health and Safety Legislation Regulations Amendment SL2000-47 pt 2 notified 30 November 2000 (Gaz 2000 No 48) commenced 30 November 2000 (s 1) Legislation (Consequential Amendments) Act 2001 A2001-44 pt 235 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 235 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.12 notified LR 22 March 2007 s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2)) sch 3 pt 3.12 commenced 12 April 2007 (s 2 (1)) Statute Law Amendment Act 2011 A2011-3 sch 3 pt 3.4 notified LR 22 February 2011 s 1, s 2 commenced 22 February 2011 (LA s 75 (1)) sch 3 pt 3.4 commenced 1 March 2011 (s 2) 4 Amendment history Name of regulation s 1 sub SL2000-47 s 3

Endnotes Amendment history 4 R6 01/03/11 Boilers and Pressure Vessels Regulation 1954 Effective: 01/03/11 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au am R4 LA Dictionary s 2 sub SL2000-47 s 3 am A2001-44 amdt 1.2740 Notes s 3 om SL1980-3 ins A2007-3 amdt 3.53 Repeal s 4 om SL2000-47 s 3 Interpretation s 5 am SL1959-17; A1994-97; SL2000-47 s 4 defs reloc to dict SL2000-47 s 5 om SL2000-47 s 6 Exemption s 6 am SL1980-3; A2011-3 amdt 3.49 Boilers div 2.1 hdg (prev pt 2 div 1 hdg) renum R3 LA Fittings of boilers s 7 am SL1975-8; SL1980-3; A2011-3 amdt 3.50, amdt 3.51 Valves on interconnecting pipes s 9 am SL1980-3 (as am SL1980-14) Expansion and contraction of interconnecting pipes s 10 am SL1980-3 (as am SL1980-14) Internally fired boilers s 11 am A2011-3 amdt 3.52 Boilers fired by liquid fuel s 12 am A2011-3 amdt 3.53 Dampers s 14 am A2011-3 amdt 3.54, amdt 3.55 Boilers erected in permanent position to be protected by boiler house s 15 am SL1975-8; A2011-3 amdt 3.56, amdt 3.57 Pressure vessels div 2.2 hdg (prev pt 2 div 1 hdg) renum R3 LA Fittings of pressure vessels s 16 am A2007-3 amdt 3.54; A2011-3 amdt 3.58 Pressure vessels subjected to pressure by air s 17 am SL1975-8; SL1980-3 (as am SL1980-14)

Endnotes 4 Amendment history page 30 Boilers and Pressure Vessels Regulation 1954 Effective: 01/03/11 R6 01/03/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Supporting structures and settings s 18 am SL1975-8 General div 2.3 hdg (prev pt 2 div 3 hdg) renum R3 LA Pressure reducing valves s 20 sub A2011-3 amdt 3.59 Grooves to indicate cracking s 21 am SL1975-8; SL1980-3 Boilers and pressure vessels not to be used without certificate of inspection s 22 am SL1959-17 Application for inspection s 23 am SL1975-8; SL1983-11 om A2001-44 amdt 1.2741 Certificate of inspection s 24 am SL1959-17; SL1975-8; SL1983-11 Duration of certificate s 25 am SL1975-8; SL1980-3; A2011-3 amdt 3.60 Certificate to be exhibited s 27 am SL1980-3; A2011-3 amdt 3.61 Notice of internal inspection of boilers and pressure vessels s 30 am SL1980-3 Holes may be drilled s 34 am A2011-3 amdt 3.62 Notice to cease to use or to repair s 35 am A2007-3 amdt 3.54; A2011-3 amdt 3.63, amdt 3.64 Appeal against notice s 36 am SL1980-3 (as am SL1980-14) Boiler attendants pt 4 hdg om SL2000-47 s 7 Persons not to act as boiler attendants of certain boilers without boiler attendant’s certificate or written permission s 37 am SL1975-8 om SL2000-47 s 7 Application for boiler attendant’s certificate s 38 om SL2000-47 s 7 Issue of boiler attendant’s certificate s 39 am SL1959-17; SL1980-3 (as am SL1980-14); SL1982-33; SL1983-11

Endnotes Amendment history 4 R6 01/03/11 Boilers and Pressure Vessels Regulation 1954 Effective: 01/03/11 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au om SL2000-47 s 7 Cancellation or suspension of certificate s 40 am SL1980-3 (as am SL1980-14) om SL2000-47 s 7 Appeal against certificate or suspension s 41 am SL1980-3 om SL2000-47 s 7 Testing of boilers and pressure vessels s 42 am A2007-3 amdt 3.54; A2011-3 amdts 3.65-3.67 Notice to be given if boiler or pressure vessel disposed of s 43 am SL1980-3; A2007-3 amdt 3.54; A2011-3 amdt 3.68, amdt 3.69 Notice to be given of accident causing damage, death or injury s 44 am SL1980-3; A2011-3 amdt 3.70 Boiler or pressure vessel not to be used unless in safe working condition s 45 am A2011-3 amdts 3.71-3.73 False representation s 48 sub SL2000-47 s 8 Service of documents s 49 am SL1980-3 om A2007-3 amdt 3.55 Penalty s 50 am SL1980-3; A2011-3 amdt 3.74 hdg to sch om SL1980-3 1st sch om SL1959-17 2nd sch om SL1975-8 sch ins SL1975-8 sub SL1982-33 om SL1983-11 Dictionary dict ins SL2000-47 s 8 defs reloc from s 5 SL2000-47 s 5 am A2007-3 amdt 3.56 def chief inspector om A2007-3 amdt 3.57 def inspector om A2007-3 amdt 3.57 def the Act om A2001-44 amdt 1.2742

Endnotes 5 Earlier republications page 32 Boilers and Pressure Vessels Regulation 1954 Effective: 01/03/11 R6 01/03/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 SL1983-11 31 October 1991 2 A1994-97 31 August 1999 3 A2001-44 23 August 2002 4 A2001-44 3 November 2004 5 A2007-3 12 April 2007 © Australian Capital Territory 2011

The regulation rests on a set of connected technical and administrative concepts designed to manage risk associated with pressurised plant. Key concepts in the text are:

Operator: defined in the dictionary as the owner or the person with management and control (dictionary). The operator bears primary statutory duties to maintain, report and present equipment for inspection (s 31, s 42, s 45).
Boiler and pressure vessel definitions: the dictionary defines “boiler” as a closed vessel in which steam is or can be generated at a pressure greater than atmospheric pressure and “pressure vessel” as a closed vessel subjected to pressure by liquids, vapours, air or other gases but excluding vessels heated by fire/electrical means and cylinders for storage and transport of compressed gases (dictionary). These definitions set the scope of regulated plant.
Safety fittings and performance standards: the regime specifies mandatory fittings and design features. For boilers, mandatory fittings include two or more safety valves with particular characteristics, stop valves, glass water gauges, steam pressure gauges with a red-marked maximum allowable working pressure, feed-check valves and blow-down valves (s 7). For pressure vessels subjected to air, the regulation requires sealed safety valves, at least one direct spring-loaded safety valve of non-cast-iron seat, pressure gauges that indicate to 1.5 times MAWP and drain valves and means of access for cleaning (s 17). Inspectors can require additional pressure-control devices on pressure vessels (s 16).
Maximum allowable working pressure (MAWP): certificates of inspection must state the MAWP (s 24(2)). The regulation ties certain fittings and tests to MAWP levels, for example safety valve sizing must prevent pressure exceeding MAWP by more than 1/10 during a maximum firing test for boilers (s 7(1)(a)(iv)) and the pressure-relief margins for pressure vessels differ if MAWP is less than 689 kPa or 689 kPa or more (s 17(b)).
Inspection and certification cycle: an inspector inspects plant and the chief inspector issues certificates and registered numbers for first inspections (s 24). Certificates generally last 12 months (s 25) but can be extended in short increments if a new inspection cannot be made (s 25(2)). The chief inspector may cancel or suspend a certificate at any time in the interests of safety (s 26(1)).
Enforcement instruments: inspectors serve written notices requiring cessation, repair, reduction of permitted pressure, or other remedial steps (s 35). Appeals against such notices are to the Minister within 7 days (s 36). The regulation contains criminalised conduct (false representations, interference, contravening use prohibitions) and a maximum monetary penalty (s 48, s 46, s 50).
Ministerial and inspector discretion: the Minister may grant certificates exempting boilers or pressure vessels from the regulation where the Minister considers it safe (s 6(2)). Inspectors have a wide written-direction power to require fittings (s 16(1)) and can require hydrostatic testing, drilling of test holes and other investigative measures (s 42(2), s 34).
Interaction with other Acts: the dictionary and notes repeatedly cross-refer to the Machinery Act 1949 and to the Legislation Act 2001 for definitions, service of documents and legal status of notes (dictionary notes; s 3; references in various sections to service and document rules). The legal operation of notes and definitions is governed by the Legislation Act provisions cited.

These concepts combine technical, administrative and procedural elements. The regulation uses both prescriptive device-level requirements (materials, valve type, lighting in a boiler house) and procedural levers (inspection timings, notice, written directions) to govern operator behaviour. Inspectors and the chief inspector are positioned to translate the regulation’s technical prescriptions into site-level directions; that creates discretion and a need for operators to engage with the office of the inspector to manage compliance.

The regulation identifies a set of duty-holders and decision-makers. Primary affected parties are:

Operators (owners or persons having management and control): the operator is the statutory actor on whom most duties fall. The dictionary defines operator as the owner or other person with management and control (dictionary). Operators must obtain and exhibit certificates of inspection (s 22, s 24, s 27), maintain boilers and pressure vessels in safe condition (s 45), fit and maintain specified devices (s 7, s 17), provide access and assistance during inspections (s 31, s 32), notify the chief inspector of events (s 42, s 43, s 44), and comply with inspector notices (s 35, s 36). The broad definition of “operate” and “use” as including causing or permitting (dictionary) expands exposure for persons who control use even if not direct operators.
Boiler attendants and operators of boilers: although several provisions about boiler attendants were omitted by amendment (see amendment history), the regulation still requires that water levels, gauges and pressure gauges be visible and readable from the boiler attendant’s normal working position (s 7(1)(c)(i), s 7(1)(d)(iv), s 15(a)(ii)). That creates practical obligations for layout and staffing.
Manufacturers, installers and repairers: while the regulation attaches duties to operators, it also imposes post-installation duties that affect installers and repairers indirectly. For instance, if a boiler or pressure vessel is altered or repaired without written approval of an inspector the certificate of inspection ceases to have effect (s 26(2)(a)), which can disrupt commercial transactions and re-commissioning. Inspectors may require specific devices to be attached (s 16) and can require hydrostatic testing (s 42(2)); those directions will necessitate contracting arrangements to carry out remedial work, testing and certification.
Employers and persons in management positions: the definition of operator and of “use includes cause or permit” mean employers who permit staff to operate equipment are potentially in the chain of compliance. The regulation’s requirement to exhibit certificates in a conspicuous place where employees can see them (s 27(a)) creates information and training duties.
Tenants and hirers: persons who let, hire or return boilers or pressure vessels must notify the chief inspector within 7 days and provide registered numbers and transferee details (s 43). This affects businesses that hire out pressurised plant.
Inspectors and the chief inspector: the regulation confers active powers on inspectors to issue directions (s 16), carry out inspections (s 29-s 34), require fittings (s 7(1)(g)), request hydrostatic testing (s 42(2)), and serve notices requiring repair or cessation of use (s 35). The chief inspector issues certificates (s 24), may cancel or suspend them (s 26), and receives accident and disposal notifications (s 42, s 43, s 44). The dictionary cross-refers to the Machinery Act for the formal definitions and powers of inspectors and chief inspector.
Minster: the Minister can grant written exemptions from the regulation if satisfied safety will not be endangered (s 6(2)). The Minister also hears appeals from operators against inspector notices within defined timeframes (s 36).
Third parties harmed by accidents: while not addressees of duties, third parties are affected because operators must report accidents causing damage or likely incapacitating injury within 24 hours (s 44), and inspectors may prohibit movement of implicated items without consent (s 44(2)) to preserve investigation opportunities.

The regulation explicitly exempts certain items and operators (s 6(1)): boilers or pressure vessels used by the Australian National Railways Commission, propelling machinery of boats, ships or vessels, specified small domestic items if approved by the Minister, and any boiler or pressure vessel subject to a current exemption certificate under s 6(2). That limits application in defined circumstances.

Who ultimately pays: operators and owners bear the direct costs of compliance (fitting devices, testing, downtime, repairs, hydrostatic tests), and may incur indirect costs (insurance, procurement of skilled labour, administrative compliance such as notices and record-keeping). Inspectors and the chief inspector, as government functions, shoulder regulatory enforcement costs and discretionary resourcing choices. The Minister and the office of the chief inspector decide on exemptions, appeals and certificates.

This section maps the primary legal obligations and the corresponding rights, together with the decision points and procedural protections included in the regulation.

Key duties of operators

Do not use a boiler or pressure vessel without a certificate of inspection in force (s 22).
Ensure required fittings are present and maintained: boilers must have two or more efficient safety valves meeting specified material, capacity and arrangement requirements, stop valves, glass water gauges, steam pressure gauges with readings in kPa and marked MAWP, feed-check valves and blow-down valves (s 7(1)(a)-(f)). Pressure vessels subjected to air must have safety and pressure gauges, drain cocks and means of access for cleaning (s 17).
Maintain safe working condition and correct adjustment of fittings; if the operator suspects an unsafe condition must immediately notify the chief inspector in writing and not use the plant until allowed by the chief inspector (s 45(1)-(2)).
Comply with inspector notices requiring cessation, repairs, reduction of pressure or other remedial steps (s 35(1)(f)-(i), s 35(2)).
Provide access and prepare plant for internal inspection: empty, cool and clean; remove casings, bars, bricks and tubes if required; isolate from utilities; and render assistance during inspection (s 31).
Give written notice to the chief inspector immediately after specific events: first placing in operation, re-erection in new permanent position, alteration or repair (s 42(1)); give written notice of disposal, sale, letting or return within 7 days (s 43); and report accidents causing damage, death or likely incapacitating injury within 24 hours (s 44(1)).
Exhibit the certificate of inspection under glass or clear material in a conspicuous dry place within 14 days of issue and ensure it remains there while in force (s 27).
Keep registered number stamped or plate attached, clean and distinct (s 28).
Do not test seams or joints by gases or other methods other than water without written permission from the chief inspector (s 42(3)-(4)).

Procedural rights and decision points

Inspection notices: an inspector intending to carry out an internal inspection otherwise than at the operator’s request must give 14 days written notice (s 30). That is the operator’s right to be informed before internal entry unless invited.
Appeals: operators may appeal in writing to the Minister against a requirement in a notice under s 35 within 7 days of service of the notice. The Minister may allow, refuse or vary the appeal (s 36(1)-(3)).
Certificate duration and extension: certificates generally last 12 months (s 25(1)). The chief inspector may authorise extensions not exceeding three months in total if a new inspection cannot be made within the 12 month period (s 25(2)). Certain low-pressure items remain in force until cancelled or suspended (s 25(3)).
Drilling and testing: inspectors may drill holes for thickness testing (s 34(1)). Operators must subsequently plug holes to the inspector’s satisfaction (s 34(2)). Inspectors can require hydrostatic testing at times and in ways they direct (s 42(2)). The chief inspector can authorise non-water pressure testing if satisfied it is safe (s 42(4)).
Ministerial exemptions: the Minister may grant certificates exempting removal from the operation of the regulation if satisfied safety will not be endangered; such exemptions are subject to conditions specified in the certificate (s 6(2)).
Power to direct fittings: inspectors may, by written notice, require fitting of devices to indicate, control or relieve pressure they consider necessary (s 16(1)). If directed, the vessel must not be used unless devices are fitted in a way approved by the inspector (s 16(2)).

Rights and constraints on inspectors and the chief inspector

The chief inspector issues certificates of inspection and allocates registered numbers upon first issue (s 24(1)). The chief inspector may cancel or suspend certificates in the interests of safety at any time (s 26(1)).
Inspectors have powers of entry for inspection purposes (s 29), may require operator assistance during inspection (s 32), may drill holes for testing (s 34), and may serve notices under s 35 to require cessation, repairs or reduction in allowable pressure.

Sectoral constraints and key technical thresholds

MAWP must be specified on the certificate (s 24(2)). If cast iron is used in the steam-generating part of a boiler, MAWP must not exceed 100 kPa (s 24(3)).
Pressure relief capacity: for boilers safety valves must ensure pressure cannot exceed MAWP by more than one tenth during a maximum test with stop valves shut and feed water shut off (s 7(1)(a)(iv)). For pressure vessels subjected to air the relief margin differs depending on whether MAWP is below 689 kPa (relief = MAWP + 1/10 MAWP) or 689 kPa or more (relief = MAWP + 68 kPa) (s 17(b)).

Obligations that expand liability exposure

Use and operate include causing or permitting (dictionary), so persons who allow equipment to be used can be within the operator definition. This has compliance and liability implications for managers and owners.
The regulation criminalises false representations in connection with the issue of a certificate (s 48) and disfiguring registered numbers without written permission (s 47).

Together these provisions allocate primary duties to operators and grant a suite of administrative and enforcement powers to inspectors, the chief inspector and the Minister. The text couples prescriptive technical standards with short procedural timelines for appeals and notices, thereby imposing an operational rhythm on affected businesses.

The regulation provides both administrative and criminalised enforcement pathways, and sets out powers for inspectors and the chief inspector to intervene where safety is in question.

Criminal penalties and offences

Section 50 lists behaviours that constitute offences: using or operating a boiler or pressure vessel in contravention of the regulation; wilfully impeding an inspector; or contravening any provision of the regulation that applies to the person. The maximum pecuniary penalty under s 50 is $100.
Section 48 criminalises false representations in connection with the issue of a certificate of inspection.
Section 47 prohibits disfiguring, destroying or concealing a registered number stamped on or attached to a boiler or pressure vessel without the written permission of the chief inspector.

Other enforceable prohibitions

Section 46 creates offences for using or operating a boiler or pressure vessel beyond its MAWP, doing anything to increase the pressure beyond MAWP (except for tests or trials), and tampering in a way that interferes with proper efficiency.
Section 33 requires persons not to conceal defects from an inspector.

Inspector and chief inspector enforcement tools

Entry and inspection: an inspector may enter premises at any time for inspection and may make such entry at night (between sunset and sunrise) only when the boiler or pressure vessel is in operation (s 29).
Notices to cease, repair or limit pressure: if an inspector, on inspection, considers a boiler or pressure vessel unsafe or otherwise non-compliant, the inspector may serve written notices requiring cessation of use, repairs to the inspector’s satisfaction, or operation only at pressures stated (s 35(1)(f)-(i)). Operators must comply and take measures to prevent others from contravening the notice (s 35(2)).
Suspension or cancellation of certificates: the chief inspector may cancel or suspend certificates at any time if considered necessary in the interests of safety (s 26(1)). Certificates also cease to have effect if material alterations, additions or repairs are made without the written approval of an inspector, or if the plant is sold, disposed of or dismantled (s 26(2)).
Drilling, testing and access: inspectors may drill holes for thickness testing (s 34); may require hydrostatic testing and test conditions (s 42(2)); can require operators to remove lagging, tubes, bars and bricks for internal inspection (s 31(a)(ii)-(iv)); and can require devices be fitted under s 16.

Appeals and review

Operators can appeal an inspector’s notice under s 35 to the Minister in writing within 7 days of service (s 36(1)). The Minister may allow, refuse or vary the appeal and the operator must comply with any variation (s 36(2)-(3)). There is no separate internal review mechanism for chief inspector cancellations recorded in the text; the appeal mechanism in s 36 is framed against notices under s 35.

Reporting-related enforcement

The regulation imposes time-sensitive reporting obligations. Failure to report disposal (s 43), or accidents causing damage, death or likely incapacitating injury within 24 hours (s 44), or to notify the chief inspector if an operator believes the plant may not be used without endangering life or property (s 45(2)), may expose an operator to enforcement and are flagged elsewhere in the regulation as conduct that can amount to an offence where it results in contravention of specific provisions.

Penalty quantum and contextual note

The republished text includes a front-matter note that, at the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (endnotes top matter referencing Legislation Act 2001, s 133). However the regulation’s substantive provision, s 50, specifies a maximum penalty of $100. The text therefore contains a potential inconsistency between a monetary maximum stated in the regulation and the republication note on penalty unit values. The regulation itself sets $100 as the statutory maximum penalty under s 50; the republication note provides context about penalty unit values more generally at the republication date and cites the Legislation Act. Practitioners should check current penalty provisions and unit valuations in the Legislation Act and any subsequent amendments beyond this republication for up-to-date enforcement amounts.

Practical enforcement implications

Inspectors’ broad powers to enter, to require internal inspections with prior notice, to drill holes and to require hydrostatic tests give the enforcement agency capacity to compel technical verification and remedial work, which can impose operational downtime and direct costs on operators (s 29, s 30, s 34, s 42).
Short appeal timelines (7 days for notices under s 35) compress the time operators have to seek variation or stay of inspector requirements (s 36).
The instrument combines administrative enforcement (notices, suspension and cancellation of certificates) with criminal sanctions for specific conduct; the immediate practical constraint for operators is compliance to avoid certificate suspension or being required to cease operations while remedial work occurs.

The regulation is explicitly embedded in a framework of other Territory laws and historical conversion from Commonwealth ordinances. The republished text directs attention to several statutory cross-references and procedural overlays.

Dependence on the Machinery Act 1949

The dictionary states that terms used in the regulation have the same meaning as in the Machinery Act 1949 (dictionary note; also see endnotes and amendment history). The Machinery Act supplies formal definitions of “chief inspector”, “inspector” and “machinery” and therefore supplies the institutional roles and broader statutory powers and framework within which inspectors and the chief inspector operate. Any procedural powers, officer appointments and broader enforcement apparatus relating to inspectors are grounded in the Machinery Act, as the regulation relies on those definitions.

Service and document procedures under the Legislation Act 2001

Multiple sections refer to service of documents and written notices and point to the Legislation Act, part 19.5, for how documents may be served (for example s 16 note, s 35 note, s 42 note). The legal effect of notes, and the meaning of definitions and provisions about notes, is governed by the Legislation Act (see s 3 and dictionary notes referencing Legislation Act s 127, s 155 and s 156(1)). Practitioners must therefore consult the Legislation Act for rules on valid service, time running, and the legal status of notes.

Other interaction points highlighted in the endnotes and amendment history

The legislation history traces conversion from Commonwealth ordinance to ACT enactment on self-government day and subsequent amendments. The endnotes record that several parts concerning boiler attendants were omitted and that definitions were relocated or removed by amendments. Those amendments interact with occupational health and safety frameworks and earlier administrative regimes, as noted in the amendment history. For example, provisions relating to boiler attendants were removed by SL2000-47 s 7. The repeal and omission of certain provisions may have reallocated responsibilities elsewhere in ACT statutory structures, and practitioners should cross-check current occupational health and safety obligations.
The republished law notes that editorial changes under the Legislation Act may be made and that the republication includes amendments up to the republication date. For legal effect and timing of amendments, the endnotes set out exact amendment instruments and commencement dates (endnotes 3 and 4). Practitioners should use the endnotes to trace changes to particular sections.

Technical standards and other technical law

The regulation sets device-level technical requirements (valve types, groove sizes, lumens per square metre for illumination in boiler houses). That interacts with manufacturing standards, Australian Standards and building regulations in practical implementation. The regulation itself does not incorporate external Australian Standards by reference, but it leaves some technical approval and device-specification discretion with inspectors (for example s 7(1)(g) and s 16). Where external product standards or installation standards apply (for example for pressure vessels under engineering codes), operators will need to ensure conformity with both the regulation’s specific requirements and any applicable technical standards.

Common law and liability

The regulation imposes statutory duties; it does not speak to civil liability under tort or contract for negligence or breach of commercial obligations. However the statutory duties (for example to maintain safe working condition s 45) will be relevant to determining reasonable care in civil claims. The regulation’s requirement to report accidents and to preserve accident scenes (s 44) also interacts with evidential issues in civil litigation and insurance claims.

Local administrative frameworks

The instrument interacts with local administrative processes such as certificate issuance, registration numbers and the allocation of inspectorate resources. Section 24 requires the chief inspector to allot a registered number on the first certificate issue, and s 28 requires operators to keep the number clean and distinct. Those administrative steps link plant to regulatory records and to any other Territory registers that record plant status.

In effect the regulation is designed as a technical overlay to the Machinery Act infrastructure, with procedural provisions that rely on the Legislation Act for service and the administrative apparatus of the chief inspector and inspectors for enforcement. Where the regulation delegates specification to inspectors or to the Minister (s 6(2), s 16(1)), interaction with other laws and standards is possible and requires operators to engage with regulatory officials to clarify specific compliance standards.

The republished text contains a detailed amendment history in the endnotes which documents the statute’s evolution from a Commonwealth ordinance to an ACT regulation and later modifications. The principal items in the recorded history are:

Origin and conversion: The regulation originated as the Boilers and Pressure Vessels Regulations under the Commonwealth Machinery Ordinance 1949 (SL1954-12) notified 26 August 1954 and commenced 15 March 1955 (endnote 3). It was converted into an ACT enactment upon self-government on 11 May 1989 under the Australian Capital Territory (Self-Government) Act 1988, and was retitled consistent with citation changes effected by the Self-Government (Citation of Laws) Act 1989 (endnote 3).
Amendments through the 1950s-1980s: Amendments were made in 1959 (SL1959-17), and a range of amendments, repeals and revisions took place in the 1980s including SL1980-3 and SL1980-14 which revised regulations on 25 March 1980; SL1982-33 (notified 18 August 1982); SL1983-11 (notified 30 September 1983, commenced 1 October 1983).
Statutory Offices and OHS adjustments: The Statutory Offices (Miscellaneous Provisions) Act 1994 (A1994-97) and an Occupational Health and Safety Legislation Regulations Amendment in 2000 (SL2000-47) effected changes. Notably SL2000-47 made multiple amendments including relocating definitions to the dictionary and omitting certain sections pertaining to boiler attendants (amendment history entries record multiple omissions and relocations).
2001 and later legislative alignment: Legislation (Consequential Amendments) Act 2001 (A2001-44) and subsequent amendments adjusted terminology and cross-references, with parts commencing on various dates including 12 September 2001 for some provisions (endnote 4).
2007 and 2011 updates: The Statute Law Amendment Act 2007 (A2007-3) effected amendments, including changes to definitions in the dictionary and other technical changes. The Statute Law Amendment Act 2011 (A2011-3) contains multiple specific amendments affecting sections such as s 6, s 7, s 11-15, s 16, s 20, s 25, s 27, s 34, s 35 and s 42-45; several of these amendments are noted with “amdt” identifiers in the endnotes and show commencement dates up to 1 March 2011.
Omissions and relocations: The amendment history records that some older provisions were omitted, including various parts concerning boiler attendants and some schedules (s 37-41 were omitted by SL2000-47 s 7). Definitions such as “chief inspector” and “inspector” were moved or omitted from the regulation and are instead to be found in the Machinery Act 1949 per A2007-3 amendments.
Editorial republications: The Parliamentary Counsel has issued multiple republications of the regulation over time. The republication record lists earlier republications and the dates of amendments included in those republications (endnote 5). The republished law in the provided text was current to 1 March 2011 and includes amendments up to that date (front matter).

Practical effect for users

The amendment history demonstrates that technical and administrative elements of the regulation have been adjusted periodically, including removal of some personnel licensing arrangements for boiler attendants and relocation of certain definitions. The ongoing reliance on the Machinery Act for inspector roles and on the Legislation Act for service and notes implies that users must consult the current versions of those Acts to understand the full legal context.
Where specific subsections were amended (for example precise dimensions and technical requirements under s 21; inspector powers under s 16; and testing requirements under s 42), the republished text consolidates those changes as of 1 March 2011. The endnotes provide exact citations to amendment instruments for tracing legislative intent and timing.
The republished law includes editorial changes authorised by the Legislation Act (part 11.3) which are recorded as not changing substantive effect but bringing drafting into line with contemporary practice; the endnotes explain which editorial amendments are included or excluded.

For compliance and legal due diligence, practitioners should use the amendment history to identify the current operative text and to confirm whether any later amending instruments have altered duties, penalties or administrative procedures since the republication date.

The republication and the text provided do not include or reference any judicial decisions, tribunal determinations or litigation history involving the Boilers and Pressure Vessels Regulation 1954. The endnotes and amendment history catalogue legislative changes, amendments and repeals but do not record court cases or administrative appeals other than the internal appeal process to the Minister under s 36.

What the regulation itself provides on dispute resolution

The regulation provides a statutory appeal mechanism for operators to challenge inspector notices issued under s 35 by lodging a written appeal to the Minister within 7 days of service (s 36). The Minister may allow, refuse or vary the requirement in the notice. The text does not set out further administrative review, judicial review or steps following the Minister’s decision; standard judicial review avenues under general administrative law would remain available in appropriate cases but are not discussed in the regulation.

Absence of recorded litigation in the republished document

Because the republished legislation and its endnotes do not include a litigation register or case summaries, there is no internal record in this document of statutory interpretation disputes, enforcement litigation, or appeals to tribunals or courts. Practitioners seeking litigation history will need to search court databases, tribunal records and legal reporting services for cases citing this regulation, the Machinery Act 1949, or enforcement actions by the chief inspector in the ACT jurisdiction.

Recommendation for practitioners

Where legal uncertainty or dispute arises from inspector notices, certification cancellation, drilling orders under s 34, or emergency intervention under s 35, stakeholders should plan for both the internal appeal to the Minister under s 36 and for concurrent access to administrative and judicial review forums as available under ACT administrative law and the judicial review jurisprudence. The tight procedural timelines in the regulation mean that practitioners should act quickly to secure legal advice and preserve rights.

The regulation contains several specific provisions and design features that can produce practical compliance traps or unintended operational costs. Below are concrete items to watch for, with the controlling section references.

Small statutory maximum monetary penalty but other penalty-unit context

Section 50 sets the maximum penalty at $100. The front-matter republication note states that at the republication date the value of a penalty unit is $110 for individuals and $550 for corporations, per the Legislation Act 2001, s 133. This produces a textual oddity: a statutory maximum of $100 appears in the regulation despite the penalty-unit note. Practitioners should not assume the $100 is the current enforcement quantum without checking the latest consolidated text and the Legislation Act for whether penalty amounts or application have been updated post-republication. (See s 50 and front-matter notes.)

Short appeal windows

If an inspector serves a notice under s 35 requiring cessation or repair, the operator has only 7 days to appeal to the Minister (s 36). This short timeframe compresses decision-making and may force operators into immediate compliance or rapid legal response.

Stringent inspection preparation obligations

For internal inspections an operator must ensure the boiler or pressure vessel is emptied, cooled and cleaned, and, if directed, remove accesshole doors, tubes, firebars, bricks, casings and lagging (s 31(a)(i)-(iv)). Failing to prepare the plant can lead to forced shutdown or to being required to perform such work at the operator’s cost.

Inspector drilling powers and post-test obligations

Inspectors can drill holes for thickness testing (s 34(1)). After such drilling, operators must plug the holes to the inspector’s satisfaction (s 34(2)). Drilling can require post-test weld or plugging costs, and the requirement for inspector satisfaction can lead to additional remedial work.

Preservation of accident scenes

After an accident that must be reported under s 44(1), no person may move or interfere with the boiler, pressure vessel or related objects without inspector consent unless necessary to aid persons or prevent further damage (s 44(2)). This can complicate salvage, clean-up, insurance and repair logistics.

Definition breadth , “operate”, “use” and “operator”

The dictionary clarifies that “operate” and “use” include “cause or permit to be operated/used” and “operator” includes the owner or any person having management and control (dictionary). That expands the set of responsible parties beyond the on-site operator to managers and owners who permit use.

Prescriptive technical details that invite enforcement scrutiny

Numerous prescriptive requirements have tight technical tolerances: groove width and depth for lap joints (5-7 mm wide, depth 1/2 plate thickness, spacing not more than 600 mm, s 21); illumination of 54 lumens per m2 in boiler houses and visibility of gauges (s 15(a)); non-cast-iron seats for safety valve discs (s 7(1)(a)(iii)). Non-compliance with precise technical dimensions can be raised by inspectors and may require costly remedial work.

Certificates voided by unapproved alterations

A certificate ceases to have effect if while it is in force a material alteration, addition or repair is made without written approval of an inspector (s 26(2)(a)). Operators who make changes without prior inspector approval risk losing their certificate and being required to suspend use until re-inspection and recertification.

Obligations to notify and report within tight deadlines

Notifications of disposal or sale must be given within 7 days (s 43). Accidents causing damage or likely incapacitating injury must be reported within 24 hours (s 44(1)). Failure to meet these deadlines can attract enforcement attention.

Interplay with other standards left to inspector discretion

The regulation leaves some technical determinations to inspectors by written direction (s 7(1)(g), s 16(1)). This provides flexibility but also introduces compliance uncertainty because operators must obtain inspector approval for particular arrangements and fittings.

Requirements when units of differing MAWP are connected

Where a higher-pressure unit is connected to a lower-pressure unit, an efficient pressure-reducing valve plus a safety valve and pressure gauge must be fitted between them (s 20). Failing to install the valve can present operational hazards and inspector notices.

Documentation display requirement

Certificate of inspection must be placed under glass or other transparent material in a conspicuous, dry place within 14 days and remain there while in force (s 27). Operators in busy workshops may overlook this administrative duty and be vulnerable to enforcement.

Objections and disputes must be escalated rapidly

Given the short timescales for notices and the chief inspector’s power to suspend or cancel certificates at any time in the interests of safety (s 26(1)), operators who dispute an inspector’s determination must act promptly and be prepared for both administrative appeals and potential interim operational disruption.

Together, these “gotchas” point to a regulatory design that couples precise technical requirements with time-sensitive administrative duties and inspector discretion. Operators should map these clauses into operational checklists and ensure rapid administrative processes for notification, inspection preparation and appeal lodgement.

This section provides a practical compliance checklist tied directly to the regulation’s operative provisions and to the roles of inspectors and the chief inspector. It is not legal advice but a step-by-step practical compliance map grounded in the text.

Confirm scope and exemptions

Determine whether the vessel is a “boiler” or “pressure vessel” under the dictionary. If it might be within an exemption (s 6(1) lists specific exemptions such as Australian National Railways Commission plant, propelling machinery of vessels, or domestic items approved by the Minister), secure written confirmation of exemption from the Minister if applicable (s 6(2)).

Establish operator responsibility

Identify the “operator” as the owner or person having management and control (dictionary). Ensure that the person in that role understands statutory duties, reporting obligations and that “operate/use” includes causing or permitting (dictionary).

Obtain inspection and certificate before use

Do not use or operate the plant unless a certificate of inspection is in force (s 22). Apply for inspection and, if the inspector is satisfied that the plant is safe, the chief inspector will issue a certificate and, on first issue, allot a registered number (s 24(1)). Display the certificate under glass or transparent material in a conspicuous dry place within 14 days of issue and keep it there while in force (s 27).

Fit and maintain required safety devices

For boilers ensure required fittings are installed and maintained (s 7): safety valves with the specified features and capacity (s 7(1)(a)(i)-(iv)), stop valve connecting boiler to steam outlet pipes (s 7(1)(b)), two glass water gauges visible from the attendant position (s 7(1)(c)), an efficient steam pressure gauge with marking at MAWP (s 7(1)(d)), feed-check valve and blow-down valve (s 7(1)(e)-(f)). For pressure vessels under air pressure, fit safety valves, pressure gauges that indicate up to 1.5 times MAWP and have red line marking, drain cocks and access for cleaning (s 17).

Follow construction and installation requirements

Ensure expansion joints for interconnecting pipes (s 10), valves on interconnecting pipes conform to the listed alternatives (s 9), internally fired boilers have a fusible plug and removable ashpan elements (s 11), and boilers set in brickwork have hinged relief doors and appropriate refractory bonding (s 13). If the boiler house is required, ensure illumination of at least 54 lumens per m2 and other layout requirements including outward-swinging doors (s 15).

Document and mark equipment

Ensure the registered number is stamped or attached on a metal plate upon first certificate issue and kept clean and distinct (s 28). Record MAWP as stated on the certificate (s 24(2)) and ensure pressure gauges show MAWP by red line marking (s 7(1)(d)(iii), s 17(c)(iii)).

Prepare for and cooperate with inspections

Internal inspections require 14 days written notice from the inspector unless requested by the operator (s 30). Prepare equipment ahead of internal inspection: empty, cool, clean and dry the vessel; remove accesshole doors, tubes, bricks and other obstructions if required; sweep flues and remove lagging if asked (s 31(a)(i)-(iv)). During inspection isolate the plant from steam, water, oil, gas and electrical connections and provide assistance as requested by the inspector (s 31(b)).

Comply with inspector directions and remedial notices

If an inspector issues a s 35 notice to cease use, repair, or operate at lower pressure, comply with the requirements and take steps to prevent others from contravening the notice (s 35(2)). File a written appeal to the Minister within 7 days if disputing the notice (s 36).

Manage testing and new works

Give written notice to the chief inspector as soon as possible when placing a boiler or pressure vessel into operation for the first time, on re-erection in a new permanent position, and after alterations or repairs (s 42(1)). If directed by an inspector, carry out hydrostatic tests at the time and in the way directed (s 42(2)). Do not test for pressure tightness using methods other than water pressure without written permission from the chief inspector (s 42(3)-(4)). Immediately notify the chief inspector of test results (s 42(5)).

Maintain safe condition and report defects and accidents

Maintain the plant in a safe working condition and ensure fittings remain correctly adjusted (s 45(1)). If you believe the plant may endanger life or property, notify the chief inspector immediately in writing and cease operation until permitted to resume (s 45(2)). Report accidents causing damage or death, or likely incapacitating injury within 24 hours (s 44(1)). Do not disturb accident scenes, objects or plant without inspector consent except to aid persons or prevent further injury (s 44(2)).

Manage alterations, disposals and hire

Before making material alterations or repairs, obtain written approval from an inspector to avoid automatic cessation of the certificate of inspection (s 26(2)(a)). When selling, hiring or otherwise disposing of plant, notify the chief inspector within 7 days providing the registered number and transferee details (s 43).

Keep administrative processes and recordkeeping robust

Put in place processes for: tracking certificate expiry dates (s 25); logging inspection notices; maintaining visibility of gauges and certificates as required (s 7(1)(c)(i), s 27); and managing rapid notice and appeal deadlines (s 30, s 36). Ensure contractors and installers know to obtain inspector consent where required and to follow directions for tests and drilling (s 34, s 42).

Seek proactive engagement with the inspectorate

Use the written direction power under s 16 and s 7(1)(g) as an engagement point. Where technical questions arise on valve sizing, relief capacity or alternative devices (e.g. pressure-reducing valves between units under s 20), obtain written confirmation from inspectors to reduce operational uncertainty.

Check cross-references and authoritative definitions

Confirm current definitions of “inspector” and “chief inspector” and procedures for service of documents in the Machinery Act 1949 and the Legislation Act 2001 as the regulation cross-references those statutes for definitions and service mechanisms (dictionary notes; s 16 note). Make sure procedures for written notices and service comply with the Legislation Act’s requirements.

Plan for costs and downtime

Budget for device procurement, hydrostatic tests, drilling and plugging repairs, inspection preparation labour, and potential downtime if the chief inspector suspends or cancels a certificate (s 26, s 35, s 42, s 34).

Implementing these steps turns the statutory text into a compliance workflow: identify operator, list applicable vessels, check and fit required devices, secure inspection and certificate, maintain records and notifications, and build rapid response capacity for inspector directions, s 35 notices and appeals under s 36. Where the regulation leaves matters to inspector discretion or to Ministerial exemption, document communications and secure written approvals to reduce ambiguity.

Boilers and Pressure Vessels Regulation 1954

Plain English Summary

Deep Dive

What it does

Current sections

Boilers and Pressure Vessels Regulation 1954

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply