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Chapter 3.2. California Occupational Safety and Health Regulations (CAL/OSHA)
Subchapter 2. Regulations of the Division of Occupational Safety and Health

Article 5. Boiler and Tank Permit and Inspection Fee Schedule

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§344. Shop and Resale Inspection Fees, Consultation and Audit Fees, Boilers and Tanks.

(a) A fee of $135.00 per hour, and for work performed after 5 PM on Monday through Friday or at any time on Saturday, Sunday and on a State holiday a fee of $ 202.50 per hour, or part thereof, including travel time as set forth in part (1) of this subsection, based on quarter hour intervals, with a minimum of one-half hour, shall be charged for all shop, field erection and resale inspections of all tanks, boilers, parts of tanks and boilers, nuclear components and for consultation, surveys, audits, manual review and other activities required or related to the ASME code or other national standards concerning the design or construction of boilers or pressure vessels or for evaluating fabricator's plant facilities when these services are requested of the division by entities desiring these services.

(1) Travel time shall include the travel time from the Division's local office or the site of previous inspection, whichever is less, to the inspection site and travel time from the inspection site to the Division's local office or the site of a following inspection, whichever is less. The Division shall not charge more than one employer for the same period of travel time.

(b) Whenever a person using qualified engineers of the division to perform services stated in Section 344(a) fails to pay the fees required under this section within 60 days after notification, said person shall pay, in addition to the fees required under this section, a penalty fee equal to 100 percent of the fee. For the purpose of this section, the date of the invoice shall be considered the date of notification.

(c) Expenses.

(1) When the mileage from the division's office of the authorized inspector or authorized inspector-supervisor is in excess of 50 miles roundtrip to the inspection site a charge of 55.5 cents per mile will be added to the hourly rate charges.

(2) When overnight expenses are incurred by the authorized inspector or the authorized inspector-supervisor, the actual cost of meals and lodging, up to a maximum per day of $150.00 when lodging is obtained in the counties of Alameda, San Francisco, San Mateo and Santa Clara, and Central and Western Los Angeles, and up to a maximum per day of $124.00 when lodging is obtained in any other location in the state, will be added to the hourly rate charges.

(3) The division shall not charge more than one employer for the same amount of expenses incurred the same day except as follows: When more than one employer incurs these expenses the division may, at its discretion, equitably allocate the expenses among the parties inspected.

Note: Authority cited: Sections 60.5, 6308, 7721 and 7722, Labor Code. Reference: Sections 7721 and 7728, Labor Code.

HISTORY

1. New article 5 (sections 344, 344.1-344.4) filed 2-25-77; effective thirtieth day thereafter (Register 77, No. 9).

2. Amendment filed 11-30-77; effective thirtieth day thereafter (Register 77, No. 49).

3. Amendment of subsection (a) and new subsection (c) filed 2-28-79; effective thirtieth day thereafter (Register 79, No. 9).

4. Amendment filed 4-16-81; effective thirtieth day thereafter (Register 81, No. 16).

5. Amendment filed 3-24-82; effective upon filing pursuant to Government Code section 11346.2(d) (Register 82, No. 13).

6. Amendment filed 3-2-84 as an emergency; effective upon filing (Register 84, No. 11). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 6-30-84.

7. Order of Repeal of 3-2-84 emergency order filed 7-30-84 by OAL pursuant to Government Code section 11349.6 (Register 84, No. 31).

8. Amendment of subsection (a) and new subsection (d) filed 7-30-84 as an emergency; effective upon filing (Register 84, No. 31). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-27-84.

9. Certificate of Compliance transmitted to OAL 11-5-84 and filed 12-4-84 (Register 84, No. 49).

10. Amendment filed 8-16-88 as an emergency; operative 8-16-88 (Register 88, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-14-88.

11. Certificate of Compliance transmitted to OAL 11-29-88 and filed 12-29-88 (Register 89, No. 2).

12. Amendment of subsection (a) and new subsection (a)(1) filed 9-20-90 as an emergency; operative 9-20-90 (Register 90, No. 44). A Certificate of Compliance must be transmitted to OAL by 1-18-91 or emergency language will be repealed by operation of law on the following day.

13. Amendment of subsection (a) filed 3-18-91; operative 3-18-91 (Register 91, No. 15).

14. Emergency order filed 9-20-90 repealed by operation of Government Code section 11346.1 (Register 91, No. 15).

15. Amendment of subsections (a) and (c)(2) filed 11-22-91 as an emergency; operative 11-22-91 (Register 92, No. 7). A Certificate of Compliance must be transmitted to OAL 3-23-91 or emergency language will be repealed by operation of law on the following day.

16. Amendment of subsections (a) and (c)(2) refiled 4-29-92 as an emergency; operative 4-29-92 (Register 92, No. 18). A Certificate of Compliance must be transmitted to OAL 8-28-92 or emergency language will be repealed by operation of law on the following day.

17. Certificate of Compliance as to 4-29-92 order transmitted to OAL 6-4-92 and filed 6-4-92 (Register 92, No. 23).

18. Amendment of subsections (a), (c)(1) and (c)(2) filed 6-19-2000 as an emergency; operative 6-19-2000 (Register 2000, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-2000 or emergency language will be repealed by operation of law on the following day.

19. Certificate of Compliance as to 6-19-2000 order transmitted to OAL 8-28-2000 and filed 10-2-2000 (Register 2000, No. 40).

20. Amendment of subsections (a) and (c)(1) filed 3-18-2013 as an emergency; operative 3-18-2013 (Register 2013, No. 12). A Certificate of Compliance must be transmitted to OAL by 9-16-2013 or emergency language will be repealed by operation of law on the following day. Submitted to OAL for filing and printing only pursuant to Labor Code section 7721(e).

21. Amendment of subsections (a) and (c)(1) refiled 9-16-2013 as an emergency; operative 9-16-2013 (Register 2013, No. 38). A Certificate of Compliance must be transmitted to OAL by 12-16-2013 or emergency language will be repealed by operation of law on the following day. Submitted to OAL for filing and printing only pursuant to Labor Code section 7721(e).

22. Certificate of Compliance as to 9-16-2013 order transmitted to OAL 12-13-2013 and filed 1-21-2014 (Register 2014, No. 4).


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