TCA § 68-122-108 — Special inspectors — Appointment — Duties — Right of inspection

In addition to the deputy boiler inspectors authorized by § 68-122-107, the chief inspector shall, upon the request of any company authorized to insure against loss from explosion of boilers and unfired pressure vessels in this state, or upon the request of any company operating unfired pressure vessels in this state having a regularly established inspection service maintained by the owner or user of pressure vessels subject to inspection and whose inspection service, personnel, equipment and supervision meet the requirements prescribed therefor by the board, issue to any inspectors of the company commissions as special inspectors; provided, that each such inspector, before receiving such inspector's commission, shall satisfactorily pass the examination provided for in § 68-122-109 or, in lieu of such examination, shall hold a commission or a certificate of competency as an inspector of boilers and unfired pressure vessels for a state that has a standard of examination substantially equal to that of the state of Tennessee, or a certificate as an inspector of boilers issued by the national board of boiler and pressure vessel inspectors. A commission as a special inspector for a company operating unfired pressure vessels in this state shall be issued only if, in addition to meeting the requirements stated in this subsection (a), the inspector is continuously employed by the company for the purpose of making inspections of unfired pressure vessels used, or to be used, by such company, and not for resale. Special inspectors of a company operating unfired pressure vessels, commissioned under this section, shall not be authorized to inspect boilers. Such special inspectors shall receive no salary from, nor shall any of their expenses be paid by, the state, and the continuance of a special inspector's commission shall be conditioned upon the special inspector continuing in the employ of a boiler insurance company duly authorized as provided for in subsection (a) or upon continuing in the employ of a company operating unfired pressure vessels in this state, and upon the special inspector's maintenance of the standards imposed by this part. Such special inspectors shall inspect all boilers and unfired pressure vessels insured or all unfired pressure vessels operated by their respective companies and, when so inspected, the owners and users of such boilers and unfired pressure vessels shall be exempt from the payment to the state of the inspection fees as provided for in § 68-122-113. Each company employing such special inspectors shall, within thirty (30) days following each internal and external boiler or unfired pressure vessel inspection made by such inspectors, file a report of such inspection with the chief inspector upon appropriate forms as promulgated by the American Society of Mechanical Engineers. The commissioner, the chief inspector, or any deputy or special inspector, shall have free access, during reasonable hours, to any premises in the state where a boiler or unfired pressure vessel is being constructed, or is being installed, for the purpose of ascertaining whether such boiler or unfired pressure vessel is constructed and installed in accordance with this part. The special inspectors commissioned as provided by this section and their employers, agents, or service contractors shall have the same liability, as provided in § 9-8-307, for the performance of their services as deputy inspectors authorized under § 68-122-107 or state employees acting within the scope of their employment.