Section 46. No person shall have charge of or operate a steam boiler or engine or its appurtenances, except boilers and engines upon locomotives, turbines on test stands being operated solely for the purpose of testing such turbines by qualified testing personnel approved by the turbine designer and manufacturer, motor vehicles, boilers and engines in private residences, boilers in apartment houses of less than five apartments, boilers and engines under the jurisdiction of the United States, boilers and engines used for agricultural, horticultural and floricultural purposes exclusively, boilers and engines of less than nine horsepower and boilers which are provided with a device approved by the state fire marshal limiting the pressure carried to 15 pounds to the square inch, unless he holds a license referred to in section 49. Boilers and engines, not exempt under this section, of nine to 250 horsepower, in the aggregate, shall require periodic attendance, boilers and engines of 251 horsepower to 500 horsepower, in the aggregate, shall require noncontinuous attendance and boilers of 501 horsepower or more, in the aggregate, shall require continuous attendance. The owner or user of a steam boiler or engine, other than boilers or engines above excepted, shall not operate or cause to be operated a steam boiler or engine or its appurtenances for a period of more than one week, unless the person in charge of and operating it is duly licensed; provided, that in manufacturing plants an unlicensed person may operate, under a licensed person on duty, a simple non-condensing engine of not more than one hundred and fifty horse power, and in any plant one unlicensed person may be employed under the personal direction of each licensed person in the plant to operate the appurtenances of a boiler or engine.
As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:
''Continuous attendance'', manned attendance by a licensed operator during all times of operation.
''Noncontinuous attendance'', in addition to the requirements of periodic attendance, a remote monitoring station shall be in place that has the ability to shut down the boiler and the boiler shall be inspected by the operator between four and six times per shift.
''Periodic attendance'', a licensed engineer shall perform daily maintenance as required by the department's maintenance log book, the engineer shall remain in the same building as the operating boiler, the boiler shall be equipped with automatic shut-down devices as required by law; provided, however, that the safe operation of the boiler shall be the primary duty of the operator and such operator shall retain full discretion to return to the boiler room for monitoring purposes and all such visits shall be required to be recorded in the department's log book.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XX - Public Safety and Good Order
Section 3 - Changes in Rules; Hearings; Notices
Section 5 - Enforcement of Statutes and Rules; Entry of Premises in Pursuance of Duties
Section 6 - Annual Inspection; Extension of Time; First Inspection
Section 7 - Boilers Excepted From Inspections
Section 8 - Necessity of Inspection; Issuance, Display and Accessibility of Certificate
Section 9 - Pressure; Safety Appliances
Section 10 - Reports as to Boilers Not Inspected by Insurers
Section 11 - Inspections While Boiler Is Being Operated
Section 12 - Removing, Tampering With or Loading Safety Valve
Section 13 - Persons Authorized to Inspect Boilers
Section 14 - Inspectors of Insurers; Notice of Cessation of Employment
Section 15 - Non-Certificated Inspectors of Insurers
Section 16 - Inspection Certificate Issued by Insurer and Signed by Non-Certificated Inspector
Section 17 - Reports by Inspectors; Recommendations
Section 18 - Reports of Inspections by Insurers
Section 19 - Reports of Cancellation and Refusal of Insurance
Section 20 - Safety Appliances For, and Inspection Of, Heating Boilers
Section 21 - Preparation of Boiler for Inspection; Notice; Forbidding Operation of Boiler
Section 22 - Fees; Payment to Commonwealth
Section 23 - Certificate of Inspection; Prerequisites; Necessity
Section 24 - Numbering, Stamping or Tagging Boiler; Defacement or Removal of Number
Section 27 - Certificate of Inspection; Contents; Display; Accessibility
Section 29 - Notification of Defects
Section 30 - Expiration or Cancellation of Insurance
Section 31 - Hydrostatic Pressure Test
Section 32 - Prevention of Entry on Premises
Section 33 - Violation of Statutes or Rules
Section 34 - Compressed Air Tanks; Necessity of Certificate of Inspections; Exceptions
Section 37 - Notice of Location of Tanks
Section 38 - Reports of Inspections by Insurers
Section 39 - Inspection Tests; Preparation
Section 40 - Fees; Payment to Commonwealth
Section 41 - Violation of Statutes or Regulations
Section 42 - Ammonia Compressor Safety Valves
Section 43 - Rules; Formulation
Section 44 - Rules; Effect; Printing; Furnished on Request
Section 46 - Necessity of Licenses for Engineers and Firemen; Exceptions
Section 46a - Checklist for Steam Boiler Maintenance
Section 47 - Prima Facie Evidence of Violation of Statute
Section 48 - Ascertainment of Horse Power
Section 49 - Classes of Licenses and Work Permitted; License Renewal; Continuing Education
Section 50 - Prerequisites for Examinations
Section 50b - Nuclear Power Plant Operators and Engineers; Licenses Classified
Section 54 - Carrying of License or Temporary Permit
Section 54a - Violation of Sec. 53, 53a, or 54; Penalties
Section 55 - Violation of Statutes or Rules; Prevention of Entry on Premises
Section 57 - Application; Fees, Number of Examinations; Frequency of Applications
Section 58 - Taking Notes at Examinations and on Appeals; Representative of Insurer
Section 59 - Suspension, Revocation, Loss or Destruction of Certificates or Licenses; Fee
Section 63 - Appeals; Rehearing; Fee; Finality of Decision
Section 64 - Engineers and Firemen; Examinations; Appeal
Section 65 - Operators of Hoisting Machinery; Licenses; Application; Examination
Section 67 - Licenses; Duration; Fees; Expiration; Renewal; Revocation
Section 69 - Expenditures by State Fire Marshal for Work and Apparatus
Section 73 - Insurance Company Inspection; Authorization
Section 74 - Safety Appliances; Tampering; Maximum Pressure
Section 75 - Employment of Inspectors by Insurance Companies
Section 76 - Inspector of Boilers; Certificate of Competency Required
Section 77 - Reports and Recommendations of Inspectors; Insurance Cancellation or Refusal Report
Section 79 - Certificate of Inspection; Contents; Display
Section 80 - Violations; Written Notice of Violation; Appeals; Penalties
Section 81 - Definitions Applicable to Secs. 81 to 88
Section 82 - Pipefitting Examining and Licensing Rules; Classification of Pipefitter Licenses
Section 84 - Necessity for License
Section 85 - License Applications; Examinations; Fees; Renewal; Expiration
Section 85a - Apprentice Sprinkler Fitters
Section 86 - Classification and Limitation of Licenses
Section 87 - Pipefitters, Inapplicability of Provisions
Section 88 - Refrigeration Technicians, Inapplicability of Provisions
Section 90 - Fee for the Issuance of Certificate of Inspection