(a) To extend the interval between internal inspections as provided for in Texas Health and Safety Code, §755.026, the following procedure must be followed:
  (1) No less than three business days before the expiration date of the current certificate of operation, the owner or operator shall submit a request for extension for each boiler, in a manner prescribed by the department, including:
    (A) the desired length of extension for a time period no more than one (1) year following the expiration date of the current certificate of operation; and
    (B) the date of the last internal inspection.
  (2) Records that demonstrate compliance with Texas Health and Safety Code, §755.026 and this section shall be available for review upon request by the Authorized Inspector or the department.
  (3) The department shall notify the owner or operator and the inspection agency having jurisdiction of the maximum extension period that may be approved.
  (4) Before the expiration of the current certificate of operation, the inspection agency shall review all relevant records and make an external inspection. The inspection agency shall submit the inspection report in accordance with Texas Health and Safety Code, §755.027.
  (5) Upon completion of the requirements in paragraphs (1) - (4) and payment of all required fees, a new certificate of operation may be issued for the extended period of operation.
  (6) If the department denies an extension request, the boiler shall be internally inspected before the expiration of the certificate of operation.
  (7) Boilers for which the certificate of operation has expired must pass internal and external inspections before a new certificate of operation may be issued.
(b) The interval between internal inspections may be extended if, at all times since the last internal inspection, continuous water treatment has been maintained and any of the following apply:
  (1) the boiler was in operation;
  (2) the boiler was in standby:
    (A) water sampling and water treatment are not required during the time that a boiler is in standby.
    (B) notwithstanding subsection (b)(2)(A), continuous water treatment, including water sampling and water treatment, is required during the time that a boiler is in standby and is in operation at low fire;
  (3) the boiler was out of service for repairs for periods not exceeding 15 consecutive days; or
  (4) the boiler was out of service for repairs for any periods exceeding 15 consecutive days and accurate and complete records clearly demonstrate that the interval between internal inspections may be safely extended.
(c) For public health and safety reasons, a boiler that has been out of service for repairs for periods exceeding 15 consecutive days is presumed to require an internal inspection if it can be safely and competently performed. An owner or operator who intends to request an extension under this section for a boiler that has been or will be out of service for a period exceeding 15 consecutive days should:
  (1) contact the department and the Authorized Inspection Agency having jurisdiction as soon as practicable when the owner or operator becomes aware that the boiler will be or has been out of service for a period exceeding 15 consecutive days;
  (2) provide written information or documentation that includes:
    (A) The anticipated length of the repair;
    (B) The nature of the repair; and
    (C) Any other information that the department and the Authorized Inspection Agency require in order to make a determination whether eligibility for an extension will be preserved; and
  (3) if there is a significant change in the conditions upon which the department determined that the inspection interval could be extended, update the department and the Authorized Inspection Agency.
(d) A request for extension of the interval between internal inspections may be denied for failure to comply with any applicable provision of the Texas Health and Safety Code, Chapter 755, or this chapter.
(e) An additional extension for up to one hundred twenty (120) days may be allowed as provided for in Texas Health and Safety Code, §755.026, when it is established an emergency exists.
  (1) Before the expiration date of the current certificate of operation, the owner or operator shall submit to the department, in the manner prescribed by the department, a request stating an emergency exists with an explanation of the emergency and the date of the last internal inspection. The request shall be submitted along with the inspection agency's external inspection report, confirming compliance with Texas Health and Safety Code, §755.026.
  (2) The department shall notify the owner or operator and the inspection agency having jurisdiction of the maximum extension period that may be approved.
  (3) Upon completion of the requirements in paragraphs (1) and (2) and payment of all required fees, a new certificate of operation may be issued for the extended period of operation.

Source Note: The provisions of this §65.64 adopted to be effective January 15, 2018, 43 TexReg 75; amended to be effective October 29, 2020, 45 TexReg 7578