§ 3a.99. Notice of deficiency.
(a) The Department will use the following procedures if an inspection reveals any violation of the act or this chapter:
(1) The Department will issue a written notice of deficiency to the boiler or unfired pressure vessel owner or user. The notice will contain a description of the violations and an order requiring correction of the violations and repairs within 30 days of the date of issuance. When a violation relates to the unsafe operation of a boiler, the Department will act under § 3a.92 (relating to unsafe operation).
(2) The written notice of deficiency will include a certification requiring the boiler or unfired pressure vessel owner or user to sign, date and return the certification when the corrective action or repair has occurred. The Department will inspect boilers or unfired pressure vessels which have been placed out of service to verify the corrective action or repair. The Department must approve the corrective action or repair before the boiler or unfired pressure vessel is returned to service.
(3) If the boiler or unfired pressure vessel owner or user does not correct the deficiency within the period of time allowed in the notice of deficiency, the Department may initiate action to seal the boiler or unfired pressure vessel by issuing an order to show cause to the boiler or unfired pressure vessel owner or user.
(4) The order to show cause must contain a statement of the grounds for the action, the alleged violations of the act and this chapter and notification that the boiler or unfired pressure vessel may be sealed. The order to show cause must contain notification that the owner or user shall submit a written answer within 30 days. The Department will serve the order to show cause upon the owner or user by certified mail or personal service.
(5) The owner or user may file a written answer to the order to show cause with the Department within 30 days following service of the order to show cause. The answer must contain specific admissions or denials of the allegations contained in the order to show cause and set forth the specific facts, matters of law or regulation interpretation relied upon by the owner or user. The answer may contain a request for a variance or an extension of time for compliance.
(b) The Department will consider a timely-filed request for variance or extension of time, or a timely-filed appeal as a stay to an enforcement action unless the Department acts under § 3a.92 or the boiler constitutes a danger to life or property under section 10(e) of the act (35 P. S. § 1331.10(e)).
(c) The Department will inspect the boiler or unfired pressure vessel at the expiration of an extension of time or other time period granted for compliance under this section. If the boiler or unfired pressure vessel violates the act or this chapter following inspection, the Department may seal or condemn the boiler or unfired pressure vessel under section 13 of the act (35 P. S. § 1331.13). The Department will serve the seal order upon the owner or user by certified mail or personal service.
(d) Under section 13 of the act, the Department will issue a notice to discontinue operation to the boiler or unfired pressure vessel owner or user for a violation that was not corrected. The notice to discontinue operation will require the owner or user to discontinue the use of the boiler or unfired pressure vessel within 24 hours. The boiler or unfired pressure vessel may not be returned to service until the violations have been corrected, the repairs have been made and the Department notifies the owner or user that the boiler or unfired pressure vessel may be returned to service.
(e) Subsection (a) supplements 1 Pa. Code § § 35.14 and 35.37 (relating to orders to show cause; and answers to orders to show cause).
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