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FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 34

Steam boilers maintenance, examination and use.

34.(1) Every steam boiler and all its fittings and attachments shall be
properly maintained.

(2) A steam boiler shall not be used in any factory unless it has been
examined, together with its fittings and attachments, in such manner as
the Ministry may by special regulations prescribe and no greater period than
may be so prescribed has elapsed since the examination, but the regulations
may provide for extending in special circumstances the time during which a
boiler which has been examined as required by the regulations may be used in a
factory without being again so examined.

(3) The Ministry may by special regulations prescribe the manner in which a
steam boiler, together with its fittings and attachments, is to be examined
after any such repairs as may be specified in the regulations; and where such
repairs are carried out to a steam boiler after it has been examined under
subsection (2), then, notwithstanding that the period prescribed under that
subsection has not expired, the steam boiler shall not be used in any factory
until the examination prescribed under this subsection has been made.

(4) A report of the result of every examination under this section in the
prescribed form and containing the prescribed particulars (including the
maximum permissible working pressure) shall as soon as practicable and in any
case within twenty-eight days, or such other period as the Ministry may
prescribe by special regulations made subject to affirmative resolution, after
the completion of the examination, be entered in or attached to the
general register, and the report shall be signed by the person making the
examination, and if that person is an inspector of a boiler-inspecting company
or association, countersigned by the chief engineer of the company or
association or by such other responsible officer of the company or association
as may be authorised in writing in that behalf by the chief engineer.

(5) A new steam boiler shall not be taken into use unless there has been
obtained from the manufacturer of the boiler, or from a boiler-inspecting
company or association, a certificate specifying its
maximum permissible working pressure, and stating the nature of the tests to
which the boiler and fittings have been submitted, and the certificate is kept
available for inspection, and the boiler is so marked as to enable it to be
identified as the boiler to which the certificate relates.

(6) Where the report of any examination under this section specifies
conditions for securing the safe working of a steam boiler, the boiler shall
not be used except in accordance with those conditions.

(7) The person making the report of an examination under this section or, in
the case of a boiler-inspecting company or association, the chief engineer
thereof, shall within twenty-eight days, or such other period as the Ministry
may prescribe by special regulations made subject to affirmative resolution,
after the completion of the examination send to the chief inspector a copy of
the report in every case where the maximum permissible working pressure is
reduced, or the examination shows that the boiler cannot continue to be used
with safety unless certain repairs are carried out immediately or within a
specified time.

(8) If the person employed to make any such examination fails to make a
thorough examination as required by this section or makes a report which is
false or deficient in any material particular, or if the chief engineer of any
boiler-inspecting company or association permits any such report to be made,
he shall be guilty of an offence ..., and if any such person or chief engineer
fails to send to the chief inspector a copy of any report as required by
subsection (7), he shall be guilty of an offence.

(9) If the chief inspector is not satisfied as to the competency of the person
employed to make the examination or as to the thoroughness of the examination,
he may require the boiler to be re-examined by a person nominated by him, and
the occupier shall give the necessary facilities for the re-examination.

(10) If as a result of the re-examination it appears that the report of the
examination was inadequate or inaccurate in any material particular, the cost
of the re-examination shall be recoverable by the Ministry from the occupier,
and the report of the re-examination purporting to be signed by the person
making it shall be admissible in evidence of the facts stated therein.

(11) Any sum recoverable under subsection (10) shall be recoverable summarily
as a civil debt.

© 1965 Crown Copyright

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