SB526.html

43-36-1.
As used in this chapter, the term:
(1) 'Board' means the Georgia Board of Power Engineers created by Code Section 43-36-2.

(2) 'Boiler' means any vessel in which gas or vapor may be generated or liquids may be put under pressure by the application of heat and includes any pipe or fitting, prime mover, machinery, or other equipment attached thereto or used therewith.
(3) 'Compression plant' means any plant where the compression of air or other gases, coming within the meaning of this chapter, is performed for any purpose, including a refrigeration process.
(4) 'Engine' means any machine by which physical power is applied to produce a physical effect, as one converting heat into a more desirable usable form, as torque on a crankshaft. Internal combustion engines, turbines, compressors, pumps, and similar engines are all classed as engines within the meaning of this definition.
(5) 'Examining engineer' means a person who is a member of the Georgia Board of Power Engineers for the purpose of examining power engineers and performing other duties as directed by the board for the purpose of protecting health, life, property, and environment.
(6) 'Horsepower of a boiler' means the total capacity in horsepower as calculated below:
(A) Ten square feet of heating surface shall equal one boiler horsepower. In cases where electric power is used as a heat source, the boiler horsepower rating shall be the maximum kilowatt capacity of the heating element divided by ten;
(B) In cases where vessels have irregularly shaped heating surfaces as a cast iron sectional boiler, then one square foot of grate area shall equal one and one-half boiler horsepower; and
(C) In cases where none of the above is applicable, a heat transfer of 33,500 British Thermal Units per hour shall equal one boiler horsepower.
(7) 'Horsepower of a refrigeration plant' means one and one-half times its capacity in tons of refrigeration.
(8) 'License' means a document issued by the board stating that the operator has met the requirements for the specified classification of the licensing program.
(9) 'Plant' means a facility consisting of engines, boilers, pressure vessels, piping, electrical systems, compression plants, or similar facilities or equipment.
(10) 'Power engineer' or 'station engineer' means any person who has responsibility for the operation, maintenance, or management of a plant comprised of engines, boilers, pressure vessels, piping, electrical systems, compression plants, or similar facilities.
(11) 'Pressure vessel' means any vessel in which any gas, vapor, or liquid is stored or processed under a pressure which is unfired.

43-36-2.
(a) There is created the Georgia Board of Power Engineers. The board shall consist of ten members each of whom shall be appointed by the Governor. Four members of the board shall comprise an executive staff and six members of the board shall be assigned to districts for the purpose of holding examinations throughout the state. Of the four members of the board who constitute the executive staff, one shall be chief examining engineer who shall perform as the chairperson of the board; one shall be a chief examining engineer who shall serve as vice chairperson; one shall serve as secretary of the board; and one shall be an inspection engineer.
(b) The initial terms of office for the four members of the executive staff shall be for one year, two years, three years, and four years respectively; thereafter, successors shall be appointed for terms of four years.
(c) The original district examining engineers will be appointed in six districts as determined by the executive staff. The headquarters of each such district shall be located in an area of a vocational-technical school. The foregoing appointed members shall serve for four-year terms.
(d) In the event of a vacancy for any reason, the executive board shall fill such vacancy for the unexpired term. The executive staff may remove any member of the board for cause.
(e) No person shall be eligible for appointment as a member of the board who has not had ten years´ experience in power engineering and each member must be the holder of a chief engineer´s license and an examining engineer´s license issued by the Georgia State Association of Power Engineers, Inc., or pass the required written examination.
(f) The members of the board shall receive as compensation for their service only such allowances as are authorized by subsection (f) of Code Section 43-1-2.
(g) The district examining engineers shall meet at least once each quarter for the examination of applicants if there are ten or more applications on file at the time such meeting would be held. The division director, examining boards, and the chief examining engineer shall have the power to call special meetings of the board when deemed necessary. A majority of the board shall constitute a quorum for the transaction of business, and the secretary of the board shall be required to keep minutes of all meetings.
(h) The board shall be a professional licensing board and have those powers and duties provided to professional licensing boards.

43-36-3.
The board or other duly qualified recognized authority shall classify all plants and equipment with due regard to the size, type, character, and other conditions affecting such plants and equipment. This classification of plants and equipment shall be made according to the skill, knowledge, and experience that the power engineer in charge must have to successfully operate the plant or equipment, or both, so as to protect health, life, and property and prevent air pollution. The board shall be guided by the rules and regulations published by or pursuant to the federal Occupational Safety and Health Act (29 U.S.C.A. Section 651, et seq.), the Georgia State Association of Power Engineers, Inc., and local, state, and federal health regulations pertaining to air pollution.

43-36-4.
(a) The board shall license persons as to their qualifications to supervise successfully the operation of such plants and equipment.
(b) Any person desiring to be licensed as a power engineer shall make application to the board, which application shall be accompanied by the required fee.
(c) The license granted under this chapter shall be valid from January 1 until the following December 31. Each license shall be renewed annually on or before January 1. Application for renewal of certification shall be accompanied by a renewal fee of $10.00.

43-36-5.
The board shall prepare or obtain examinations that meet or surpass the national standards to be used in determining the knowledge, ability, and judgment of applicants for licensing. In certain cases the board may require practical and oral examinations in addition to the written examination. The cost for these examinations shall be borne by a fee established by the board. Any individual who takes the examination has the right of appeal to the full board in case of an adverse decision by the district examiner.

43-36-6.
(a) Any person who presently holds a current, valid license attained by examination under the voluntary license program administered by the Georgia State Association of Power Engineers, Inc., shall be issued, upon proper application, a license of equal classification.
(b) The administrative costs for transferring a license shall be determined by the board.
(c) A chief engineer´s license can only be issued to the holder of a first-class engineer´s license after the passing of the chief engineer´s examination.
(d) The board, upon application, may issue a license without examination in a comparable classification to any person who holds a current, valid license with a licensing agency in any other state that is acceptable according to present licensing procedures of the Georgia State Association of Power Engineers, Inc., provided that the requirements for licensing power engineers under which the person´s license was issued do not conflict with the provisions of this chapter and are of a standard not lower than that specified by regulations adopted under this chapter, and provided, further, that such state grants reciprocal privileges to license holders of this profession.
(e) Licenses of proper classification will be issued, upon proper application, without examination to the person or persons certified by the owner of a plant to have been in responsible charge of such plant on July 1, 2002. A license so issued will be valid only for that plant.

43-36-7.
(a) The board may issue provisional licenses as follows:
(1) A provisional license may be issued for not more than 90 days if a properly graded engineer is not available;
(2) A person who possesses a license of current issue by an agency, county, municipality, or state may be granted a provisional license up to and including the equivalent grade for 90 days;
(3) A person may be issued a provisional license one grade higher than his or her current Georgia state license, not to exceed 90 days; and
(4) The 90 day provisional license is granted to allow time for preparing for and taking the examination.
The charge for each 90 day provisional license shall be determined by the board.
(b) At the discretion of the examining board, provisional licenses may be renewed.

43-36-8.
(a) The board may deny, suspend, or revoke the license of an engineer following due notice and an opportunity for a hearing before the board or its designated representative, when it is found that the person has practiced fraud or deception; that reasonable care, judgment, or the application of his or her knowledge or ability was not used in the performance of his or her duties, or that the operator is incompetent or unable to perform his or her duties.
(b) Any person aggrieved by any order of the board denying, suspending, or revoking any license issued pursuant to this chapter shall have a right of appeal to the Georgia State Association of Power Engineers, Inc., state convention or other appeal processes to be determined as necessary.

43-36A-9.
The board shall have the authority to adopt such rules and regulations as may be necessary to administer this chapter and to effectuate its purposes. The rules and regulations shall include, but are not limited to, provisions establishing the basis for the classification of plants and provisions establishing qualifications of applicants and procedures for examination of candidates. As deemed advisable by the board, rules and regulations may be adopted and promulgated by the board after consultation with the State Department of Labor to meet the federal Occupational Health and Safety Standards and the Department of Natural Resources to meet air quality control standards.

43-36A-10.
Plants and personnel requirements shall be classified according to criteria determined by the board.

43-36-11.
On or after January 1, 2003, any government agency, firm, or corporation operating an engine, pressure vessel, steam boiler, or compression plant shall comply with the provisions of this chapter.

43-36-12.
The State Department of Labor, to meet the federal Occupational Health and Safety Standards, shall enforce provisions of this chapter relating to safety. The Department of Natural Resources shall enforce provisions relating to air pollution with enforcement provisions provided respectively. Any person who shall be convicted of a violation of any of the provisions of this chapter shall, in the discretion of the court, be subject to a fine of not less than $25.00, nor more than $500.00, or be imprisoned for a term not exceeding 90 days, or both, for each offense. Each day on which such violation shall occur shall be deemed to constitute a separate and distinct offense."