Pennsylvania Act 1905-75 — STEAM BOILER ENGINEERS, LICENSED

Act text

STEAM BOILER ENGINEERS, LICENSED
                  Act of Apr. 4, 1905, P.L. 102, No. 75               Cl. 11
                                  AN ACT

     To provide for the better protection of life and property, by
        the examination and licensing of engineers having charge of
        steam-boilers, steam-engines, and appliances connected
        therewith, in cities of the second and third class of this
        Commonwealth, and providing penalties for violation.

        Compiler's Note:  Section 4701 of Act 317 of 1931 provided
            that Act 75 is repealed insofar as it relates to third
            class cities.
        Section 1.  Be it enacted, &c., That it shall be unlawful for
     any person or persons to have charge of or to operate a steam-
     boiler or steam-engine over ten-horsepower, in cities of the
     second and third class of this Commonwealth, except locomotive
     boilers, used in transportation, and steam-engines and steam-
     boilers, carrying less than fifteen pounds pressure per square
     inch, unless said person or persons are upwards of eighteen
     years of age, and holds a license, as hereinafter provided for;
     and it shall be unlawful for any owner or owners, user or users,
     of any steam-boiler or steam-engine over ten-horsepower, other
     than those excepted above, to operate or cause to be operated a
     steam-boiler or steam-engine without a duly licensed engineer.
        (1 amended Jun. 16, 1972, P.L.465, No.147)
        Section 2.  All persons desiring authority to perform the
     duties of an engineer shall apply to the boiler inspector of
     such cities, who shall examine the applicant as to his knowledge
     of steam machinery and his experience in operating the same,
     also the proofs he produces in support of his claim, and if,
     upon full consideration, the inspector is satisfied that the
     applicant's character, habits of life, knowledge and experience
     in the duties of an engineer, are all such as to authorize the
     belief that he is a suitable and safe person to be entrusted
     with the powers and duties of such a station, he shall grant him
     a license, upon the payment of three (3) dollars, authorizing
     him to be employed in such duties for the term of one year, and
     such license shall be annually renewed, without examination,
     upon the payment of one (1) dollar, provided it is presented for
     renewal within ten days after its expiration. Licenses so
     granted shall be graded into two classes: One of which shall
     entitle the licensee to have charge of or to operate stationary
     steam-boilers and steam-engines only; the other of which shall
     entitle the licensee to have charge of or to operate portable
     steam-boilers and steam-engines only; such licenses shall not be
     transferred from one grade to the other without a re-
     examination, said re-examination to be conducted without cost to
     the licensee.
        No person shall be eligible to examination for a license
     unless he furnishes proof that he has been employed about a
     steam-boiler or steam-engine for a period of not less than two
     years, prior to the date of application, which must be certified
     to by at least one employer and two licensed engineers.
        Section 3.  The inspector shall investigate all acts of
     incompetency or misconduct committed by any licensed engineer
     while acting under the authority of his license, and shall have
     power to summon before him any witnesses within his respective
     city, and compel their attendance by a similar process as used
     in the State courts to compel the attendance of witnesses; and
     he may administer all necessary oaths to any witnesses thus
     summoned before him, and, after reasonable notice in writing,
     given to the alleged delinquent, of the time and place of such
     investigation, such witnesses shall be examined, under oath,
     touching the performance of his duties by any such licensed
     engineer, and if the inspector shall be satisfied that such
     licensed engineer is incompetent, or has been guilty of
     misdemeanor, negligence, unskilfulness, or has endangered life,
     or wilfully violated any provision of this law, he shall
     immediately suspend or revoke his license, as the facts of the
     case may require.
        Section 4.  Every engineer who receives a license shall,
     before entering upon his duties, make oath before the inspector,
     to be recorded with the application, that he will faithfully and
     honestly, according to his best skill and judgment, without
     concealment or reservation, perform all the duties required of
     him by law.
        Section 5.  Every engineer who shall receive a license shall,
     when employed about any steam-plant, place his certificate of
     license, which shall be framed under glass, in some conspicuous
     place about the engine or boiler, where it can be seen at all
     times; and any neglect to comply with this provision by any
     engineer shall be deemed a misdemeanor, and, upon conviction
     thereof, he shall be subject to a fine of not exceeding one
     hundred dollars, or the revocation of his license, or both, in
     the discretion of the court.
        Section 6.  All engineers licensed under the provisions of
     this law shall assist the inspector in his examination of any
     boiler under his charge, and shall point out all defects and
     imperfections known to them in the boilers or machinery, and, in
     default thereof, the license of any such engineer or engineers,
     so neglecting or refraining, shall be revoked by the inspector.
        Section 7.  Every person who has been employed as a steam
     engineer, in the city in which he applies for a license, for a
     period of four years next prior to the passage of this act, and
     who files with his application a certificate of said fact, under
     oath, accompanied by a statement from his employer or employers
     verifying the same, shall be entitled to a license without
     further examination.
        Section 8.  It shall be the duty of an engineer, when he
     assumes charge of boilers and machinery, to forthwith thoroughly
     examine the same, and if he finds any part thereof in bad
     condition, caused by neglect or inattention on the part of his
     predecessor, he shall immediately report the facts to the
     inspector, who shall thereupon investigate the matter, and if
     the former engineer has been culpably derelict of duty he shall
     suspend or revoke his license.
        Section 9.  It shall be the duty of every licensed engineer,
     when he vacates a position as engineer, to notify the boiler
     inspector of such fact, and any failure to comply with this
     provision shall be punishable by a suspension of the license for
     such period or periods as the boiler inspector may determine.
        Section 10.  Every owner or lessee, or agent of the owner or
     lessee, of any steam-boiler or steam-engine over ten-horsepower,
     embraced within the provisions of this act, or any appliances
     connected therewith and every person acting for such owner,
     lessee or agent, is hereby forbidden to delegate or transfer, in
     any manner whatever, the responsibility or liability for the
     management or operation or the maintenance in good condition and
     repair, of any such steam-boiler or steam-engine, or appliances
     connected therewith, to any person or persons other than a
     licensed engineer in charge thereof, as shown by compliance with
     section two of this act; and any violation of the provisions of
     this section shall be deemed to be a misdemeanor, to be punished
     by a fine not exceeding five hundred dollars ($500), or by
     imprisonment not exceeding three months, or both, at the
     discretion of the Court: Provided, however, That on the
     purchase, or agreement to purchase, a new steam-boiler or steam-
     engine over ten-horsepower, or appliances connected therewith,
     the builder, or builders thereof may contract or agree with the
     purchaser or purchasers to accept such responsibility for a
     period not to exceed sixty days; provided that there is to be a
     licensed engineer in attendance thereon.
        Section 11.  All fees received under this act shall be paid
     into the treasury of the city wherein the license is granted.
        Section 12.  Any violation of the provisions of section one
     of this act shall be deemed a misdemeanor, to be punished by a
     fine not exceeding five hundred dollars, or by imprisonment not
     exceeding three months, or both, at the discretion of the court.
        Section 13.  Any officer charged with a duty under the
     provisions of this act, who shall fail to discharge the same or
     comply with the requirements thereof, shall, upon conviction, be
     punishable by a fine not exceeding five hundred dollars, or by
     imprisonment not exceeding three months, or both, at the
     discretion of the court.
        Section 14.  Each city of the second and third classes shall,
     by ordinance, provide for carrying into effect the provisions of
     this act.
        (14 amended May 16, 1913, P.L.216, No.152)