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Subchapter 1. Unfired Pressure Vessel Safety Orders
Article 3. Air Tanks
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§461. Permits to Operate.

(a) Except during the time that a request for a permit remains unacted upon or as permitted in Section 461(f), no air tank shall be operated unless a permit to operate has been issued.

(b) Except during the time that a request for a permit remains unacted up on, every person owning or having the custody, management, or operation of an air tank which requires a permit to operate who operates it without a permit is guilty of a misdemeanor. Operating an air tank without a permit constitutes a separate offense for each day that it is so operated.

(c) The permit shall be posted under glass in a conspicuous place on or near the air tank or in a weatherproof container secured to the unit, and shall be available at all times to any qualified inspector.

(d) Except as provided in Subsection 461(h), the permit for portable air tanks shall expire not more than three years from the date of inspection and for all other air tanks not more than 5 years from the date of inspection or upon the alteration of, or damage to, the air tank or installation, or upon change of ownership and location, whichever occurs first.

NOTE: The permit shall not expire upon change of ownership and location for portable tanks.

(e) A temporary permit to operate may be issued for not more than 30 days to allow a reasonable time for required changes to be made.

(f) Air tanks having a volume of 1 1/2 cubic feet or less which have safety valves set to open at not more than 150 psi do not require permits to operate, but shall comply with all other provisions of these Orders, including construction. Air tanks used for self-contained breathing apparatus and having a volumetric capacity of 1 cubic foot or less and constructed, inspected, and maintained in accordance with DOT regulations do not require permits to operate.

(g) No person, firm, or company shall rent or offer for rent for use in a place of employment any air tank requiring a permit to operate unless the required permit has been issued by or in behalf of the Division.

(h) Air tanks subject to a maximum allowable working pressure not exceeding 150 psi., as shown by the required code marking, and having a volume of 25 cubic feet or less shall be inspected when placed into service. An indefinite permit shall be issued provided that the tank has been constructed, inspected and stamped in compliance with the ASME Code, or the design, material, and construction of the tank is accepted by the Division as equivalent to the ASME Code and the tank is in compliance with the applicable provisions of these orders. A new inspection and permit for operation shall be required whenever there is a change of ownership and permanent location of the tank or there is an alteration or change in the tank which affects the tank's safety.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Sections 142.3, 7681 and 7683, Labor Code.


1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. Amendment of subsection (d) and new subsection (h) filed 12-18-81; effective thirtieth day thereafter (Register 81, No. 51).

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