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Florida Statute 554.108 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 554
BOILER SAFETY
View Entire Chapter
F.S. 554.108
554.108 Inspection.
(1) The inspection requirements of this chapter apply only to boilers located in public assembly locations. A boiler with an input of 200,000 British thermal units (Btu) per hour and above, up to an input not exceeding 400,000 Btu per hour, is exempt from inspection; however, such an exempt boiler, if manufactured after July 1, 2022, must be stamped with the A.S.M.E. code symbol. Additionally, the A.S.M.E. data report of a boiler with an input of 200,000 to 400,000 Btu per hour must be filed as required under s. 554.103(2).
(2) Each inspection of a boiler conducted pursuant to this chapter must be made by the chief boiler inspector, a deputy boiler inspector, or a special boiler inspector. An owner, or the owner’s designee, shall perform all operation, testing, manipulation of boiler controls and safety devices, removal of lagging, and disassembly of boiler components to allow the chief boiler inspector, deputy boiler inspector, or special boiler inspector to conduct inspections as required by this section.
(3) The construction, installation, and condition of each boiler used in a public assembly location shall be inspected as follows:
(a) Power boilers and high pressure, high temperature water boilers shall receive a certificate inspection annually. Such inspection shall include, but not be limited to, an external inspection while the boiler is under pressure and an internal inspection if the construction of the boiler so permits.
(b) Low pressure steam or vapor heating boilers shall receive a certificate inspection biennially. Such inspection shall include, but not be limited to, an internal inspection if the construction of the boiler so permits.
(c) Hot water heating boilers and hot water supply boilers shall receive a certificate inspection biennially. Such boilers shall receive an internal inspection every 4 years if the construction of the boiler so permits.
(4) Each boiler subject to inspection must be inspected within 30 days after expiration of the boiler’s certificate of operation. However, an inspection report must be received by the chief boiler inspector no later than 30 days after the projected expiration date of the certificate of operation. If, upon inspection, the chief boiler inspector, deputy boiler inspector, or special boiler inspector finds that a boiler is in violation of any provision of the State Boiler Code, the inspector must promptly notify the owner or user and state what repairs or other corrective measures are needed. Deputy boiler inspectors and special boiler inspectors shall file a written report, on a form adopted by rule of the department, on each certificate inspection with the chief boiler inspector within 15 days after the inspection. A certificate inspection report must list all violations of the State Boiler Code and any conditions that may adversely affect the operation of the boiler. The filing of reports of inspections, other than statutorily required inspections, is not required unless such inspections disclose that a boiler is in an unsafe condition or unless the boiler has failed and requires major repair or replacement. The inspection report must list the extent of damage to the boiler, as well as the cause of the failure, if known, and any other pertinent information. However, an inspection report must be filed for any inspection performed on a boiler with a previously identified code violation. The report must indicate whether the violation has been corrected. The agency responsible for conducting the inspection must perform followup inspections, not more than every 6 months, of a previously identified code violation until it is corrected.
(5) Upon a determination by the chief boiler inspector that a boiler cannot be safely operated, the boiler must immediately be shut down. The chief boiler inspector or a deputy boiler inspector shall attach a tag to the boiler indicating that the boiler has been shut down due to an unsafe condition. The boiler must remain shut down until a reinspection by the chief boiler inspector or a deputy boiler inspector determines that the boiler may be operated safely. A boiler that may not be safely operated, as determined by the chief boiler inspector, is deemed to constitute an imminent danger to the public health, safety, and welfare.
(6) Each enclosed space or room containing a boiler regulated under this chapter which is fired by the direct application of energy from the combustion of fuels and which is located in any portion of a public lodging establishment under s. 509.242 shall be equipped with one or more carbon monoxide detector devices.
(7) The department may adopt rules necessary to administer this section.
History.s. 8, ch. 87-361; s. 1, ch. 88-303; s. 4, ch. 91-429; s. 9, ch. 2017-175; s. 20, ch. 2022-138.

F.S. 554.108 on Google Scholar

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Amendments to 554.108


Arrestable Offenses / Crimes under Fla. Stat. 554.108
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 554.108.



Annotations, Discussions, Cases:

Cases Citing Statute 554.108

Total Results: 6

Smith v. State

Court: District Court of Appeal of Florida | Date Filed: 2004-05-28

Citation: 880 So. 2d 730, 2004 WL 1175488

Snippet: result of a failed memory. See Owens, 484 U.S. 554, 108 S.Ct. 838, and A.E.B., 818 So.2d 534. It is also

A.E.B. v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-01-16

Citation: 818 So. 2d 534, 2002 Fla. App. LEXIS 231

Snippet: this issue in United States v. Owens, 484 U.S. 554, 108 S.Ct. 838, 98 L.Ed.2d 951 (1988). With regard

AEB v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-01-16

Citation: 818 So. 2d 534, 2002 WL 53877

Snippet: this issue in United States v. Owens, 484 U.S. 554, 108 S.Ct. 838, 98 L.Ed.2d 951 (1988). With regard

State v. Kleinfeld

Court: District Court of Appeal of Florida | Date Filed: 1991-10-09

Citation: 587 So. 2d 592, 1991 WL 200142

Snippet: the court in United States v. Owens, 484 U.S. 554, 108 S.Ct. 838, 98 L.Ed.2d 951 (1988), held that the

Stanford v. State

Court: District Court of Appeal of Florida | Date Filed: 1991-01-23

Citation: 576 So. 2d 737, 1991 WL 4311

Snippet: DCA 1982). In United States v. Owens, 484 U.S. 554, 108 S.Ct. 838, 98 L.Ed.2d 951 (1988), the court approved

The Florida Bar v. Weed

Court: Supreme Court of Florida | Date Filed: 1990-03-01

Citation: 559 So. 2d 1094, 15 Fla. L. Weekly Supp. 113, 1990 Fla. LEXIS 322, 1990 WL 59409

Snippet: memory loss. See United States v. Owens, 484 U.S. 554, 108 S.Ct. 838, 98 L.Ed.2d 951 (1988). *1096 If a referee's