State boiler and pressure vessel laws: when the jurisdiction inspects
Short answer: whether a US jurisdiction inspects your pressure vessels depends entirely on its own statute. Some states regulate boilers and unfired pressure vessels, issue a certificate of operation and set a re-inspection cycle; others, such as Texas, regulate boilers but exclude pressure vessels. Many laws exempt federally controlled equipment, and several let an owner-user run its own approved inspection programme. Check the state law and the National Board synopsis for every site you operate.
How a state boiler and pressure vessel law is put together
Almost every state boiler and pressure vessel law follows the same skeleton, even though the details differ. Reading any one of them is easier once you know where to look.
- Empowerment. The statute creates a board or names an agency (often the state department of labor, a licensing department, or an occupational safety division) and a chief inspector, and lets them write administrative rules.
- Objects subject to the law. A list of what is covered (power boilers, heating boilers, unfired pressure vessels, sometimes specific items such as air tanks or LPG tanks) followed by a list of exemptions. The exemption list is where most of the variation between states lives.
- Construction rules. Usually a requirement that new items be built to the ASME Boiler and Pressure Vessel Code, stamped, and registered with the National Board, plus a process for accepting non-code or foreign items.
- In-service inspection rules. Which items need a certificate inspection, how often (internal and external), and who may perform it: a state inspector, an inspector employed by an insurance company (an Authorized Inspection Agency), or an owner-user inspection organization.
- Certificates. A certificate of inspection, certificate of operation or permit to operate that must be current and, in many states, posted or available at the site.
- Repairs and alterations. Who may weld on a registered item, usually a National Board "R" Certificate holder or an owner-user repair organization accepted by the state, and which edition of the National Board Inspection Code (NBIC) applies.
- Fees and penalties. Inspection and certificate fees and the enforcement powers of the chief inspector.
The National Board of Boiler and Pressure Vessel Inspectors publishes a jurisdiction-by-jurisdiction synopsis that summarises each of these blocks for every member state, city and province. It is the fastest place to start, but it is a summary. The statute and the state's administrative rules are the binding text, and the chief inspector's office is the authority on how they are applied.
Three patterns: pressure vessels regulated, boilers only, or owner-user delegation
For an owner with vessels in several states, the useful question is not "what does state law say" in the abstract but "which pattern does this state follow for unfired pressure vessels". Three broad patterns appear when you read the National Board synopsis side by side.
Pattern 1: the state regulates unfired pressure vessels and sets a cycle. Pennsylvania is a clear example. The National Board synopsis summarises the Pennsylvania Boiler and Unfired Pressure Vessel Law as covering boilers and pressure vessels other than listed exemptions, requiring National Board registration, and setting a field inspection cycle for unfired pressure vessels of three years. The same summary notes that external inspections are performed by a commonwealth-commissioned inspector and that an operator may seek approval and registration as an owner/user inspection agency through the Department of Labor and Industry.
Pattern 2: the state's boiler law does not reach pressure vessels. Texas is the best-known example. The Texas boiler law (Health and Safety Code chapter 755, administered by the Texas Department of Licensing and Regulation) lists pressure vessels and process steam generators among its exclusions, other than the steam collection or liberation drums of process steam generators. A refinery vessel in Texas is therefore not inspected by the state boiler programme. That does not mean it is unregulated: OSHA's Process Safety Management standard, EPA's Risk Management Program, insurance requirements and the owner's own mechanical-integrity programme still apply.
Pattern 3: the state regulates vessels but defers to the API code or an owner-user programme. Oklahoma's rules, as summarised by the National Board, cover pressure vessels within the scope of ASME Section VIII with listed exemptions (including vessels on oil and gas lease locations and certain gathering and processing sites), adopt API 510 (current edition and addendum), and state that vessels within the scope of the API inspection code are inspected as that code prescribes. Other vessels follow a state table that distinguishes vessels subject to internal corrosion from those that are not. Virginia's Boiler and Pressure Vessel Safety Act requires inspection certificates and separately allows pressure vessel operators to seek approval and registration as an owner-user inspection agency.
California sits slightly apart. Its Pressure Vessel Unit (within Cal/OSHA) issues a permit to operate, and the National Board summary lists item-specific cycles: for example, at least every three years for portable air tanks and five years for other air tanks, with LPG tanks on their own schedule. Inspections by holders of a Certificate of Competency issued by the division are accepted in place of inspections by state engineers, and inspection reports are filed with the unit on prescribed forms.
These summaries are a snapshot. Synopsis entries are updated at different times, and states amend rules. Treat every row in the table below as "check before relying on it".
| Jurisdiction (examples) | Unfired pressure vessels under state inspection law? | Owner-user route mentioned | What to confirm |
|---|
| Texas (TDLR) | No; boiler law excludes pressure vessels other than steam drums of process steam generators | Owner/operator Certificate of Authorization for boiler repairs | Whether any item is actually a boiler or steam drum; OSHA PSM and RMP still apply |
| Pennsylvania (Dept. of Labor and Industry) | Yes; field inspection cycle listed for unfired pressure vessels | Owner/user inspection agency registration | Current cycle, exemptions by size and contents, certificate of operation |
| Oklahoma (Dept. of Labor) | Yes, with exemptions including oil and gas lease locations | API 510 adopted for vessels within its scope | Whether your site falls in an exemption; state serial numbers |
| Virginia (Dept. of Labor and Industry) | Yes; inspection certificates required | Owner-user inspection agency under the Act | Agency approval terms and reporting |
| California (Cal/OSHA Pressure Vessel Unit) | Yes, for listed categories including air tanks and LPG tanks | Certificate of Competency inspectors accepted | Permit to operate, item category and its cycle |
Who may perform the jurisdictional inspection
The jurisdiction decides who may sign the inspection that keeps a certificate current. In most states that is one of three people.
- A state inspector employed by the chief inspector's office.
- An inspector employed by an Authorized Inspection Agency, typically an insurance company, holding a National Board commission and the state's commission or certificate of competency.
- An inspector employed by an owner-user inspection organization or agency accepted by the state. Depending on the state, the acceptance can be based on the National Board's NB-371 accreditation (which requires inspectors with a National Board Inservice Commission) or on a state-specific owner-user programme. Some jurisdictions recognise API-certified inspectors working in an accepted owner-user programme; others require a National Board commission. See our explainer on owner-user inspection organizations (NB-371).
An API 510 certificate on its own is an industry credential. It shows that the holder has the knowledge and experience the API Individual Certification Program requires, and owners routinely require it in contracts and in their PSM programmes. It is not a state commission. Where a state requires a commissioned inspector for the certificate inspection, an API-certified inspector cannot sign it unless that person also holds the required commission or works within an accepted owner-user arrangement. The comparison is covered in more depth in API 510 vs NBIC commissioned inspector and ASME Authorized Inspector vs API inspector.
NDE technicians are a separate layer. The person who takes the UT thickness readings, the radiographs or the MT/PT examination is qualified under the employer's written practice (commonly ASNT SNT-TC-1A or CP-189) and works to a written procedure. The jurisdictional or API inspector reviews and accepts that data. Neither state law nor API 510 turns the NDE contractor into the inspector of record.
Where API 510 and the NBIC fit under state law
API 510 and the NBIC are both in-service codes, and states use them differently.
API 510 is written for owner-users with an inspection organization, typically in refining and petrochemical service. It sets the owner-user's responsibilities, inspector qualifications, inspection intervals based on corrosion rate and remaining life (or on risk-based inspection), and rules for repair, alteration and rerating. A state can adopt it by reference for vessels within its scope, as Oklahoma does in the synopsis summary above, or simply leave it to the owner's programme.
The NBIC (NB-23) is the National Board's code for installation (Part 1), inspection (Part 2), and repairs and alterations (Part 3), plus pressure relief device guidance (Part 4). Most member jurisdictions adopt it, at least for repairs and alterations, which is why an "R" stamp holder is normally needed to weld on a registered item. Our NB-23 repairs and alterations guide covers where repair ends and alteration begins.
The practical consequence: in a state that adopts API 510 for owner-user vessels, the API interval logic and the owner's inspection plan drive the schedule, but repairs may still need an R Certificate holder and an NBIC report form registered with the state. In a state that does not inspect pressure vessels at all, API 510 is still the recognised practice that owners use to satisfy federal mechanical-integrity rules. Always confirm which edition the state has adopted; synopsis entries sometimes list an older adopted edition than the one currently published by API.
The federal layer: OSHA PSM, EPA RMP and federal facilities
State law is only one of the layers that decide inspection. For covered processes, OSHA's Process Safety Management standard, 29 CFR 1910.119, requires a mechanical-integrity programme for pressure vessels and storage tanks, piping, relief and vent systems, emergency shutdown systems, controls and pumps. Inspections and tests must follow recognized and generally accepted good engineering practices (RAGAGEP), at a frequency consistent with manufacturers' recommendations and good engineering practice, and more often if operating experience shows a need. Each inspection must be documented with the date, the name of the person who performed it, the equipment identifier, a description of the inspection and the results.
EPA's Risk Management Program at 40 CFR 68.73 sets an almost identical mechanical-integrity requirement for Program 3 processes. Neither rule names API 510, but API 510, 570 and 653 are what most owners select as their RAGAGEP. That is why a Texas refinery inspects its vessels to API 510 even though the state boiler programme never visits them. The way those codes satisfy OSHA is explained in RAGAGEP: how API 510, 570 and 653 satisfy OSHA PSM and, for the NDT documentation side, in OSHA PSM mechanical integrity and NDT.
California adds its own refinery rule. Title 8 section 5189.1, Process Safety Management for Petroleum Refineries, took effect on 1 October 2017 and requires, among other new elements, documented damage mechanism reviews for covered refinery processes. That is a state occupational safety requirement, separate from the Pressure Vessel Unit's permit to operate.
Most state boiler laws exempt equipment under federal ownership or control. Federal sites and certain federally regulated items follow their own rules, and the National Board's owner-user procedure includes specific wording for organizations inspecting at locations under federal control.
A worked example: one owner, three states
Consider an operator with three similar plants: a Gulf Coast plant in Texas, a gas processing plant in Oklahoma and a chemical plant in Pennsylvania. Each has carbon-steel separators and a few small air receivers.
- Texas. The state boiler programme covers the plant's boilers and any steam drums, not the separators. The separators are inspected under the company's API 510 programme because that is the owner's PSM RAGAGEP. The records the plant must be ready to show are its PSM mechanical-integrity file, not a state certificate.
- Oklahoma. The team first checks whether the plant falls inside a listed exemption (for example gathering or processing facilities on remote sites, or lease locations, as summarised by the National Board). If it does not, the vessels carry state serial numbers and certificates, and vessels within API 510's scope are inspected as API 510 prescribes.
- Pennsylvania. The vessels are registered, carry certificates of operation and are on the state cycle unless an exemption applies. The plant either uses a commonwealth-commissioned or insurance inspector, or applies to be registered as an owner/user inspection agency.
The NDE work at all three sites can be identical: UT thickness at condition-monitoring locations, external visual, MT or PT on suspect welds, perhaps PAUT corrosion mapping on a separator with localised loss. What changes is who reviews and signs the inspection, which form it goes on and which record the auditor or chief inspector asks for. A corporate procedure that assumes one national answer will be wrong in at least one of these states.
Common mistakes owners and contractors make
- Assuming a state does or does not inspect vessels because a neighbouring state does. Texas and Oklahoma treat the same vessel differently.
- Reading the exemption list too quickly. Exemptions are often written by size, pressure, contents, location or ownership. A vessel exempt in one service may be covered in another.
- Letting a certificate lapse because the API interval was longer. In a state with a fixed certificate cycle, the API 510 interval does not replace the state cycle unless the state has adopted API 510 for that item or accepted an owner-user programme.
- Treating owner-user status as automatic. It is an approval or accreditation that must be applied for, documented and renewed.
- Welding on a registered vessel without an R holder or state-accepted repair organization. Many jurisdictions treat this as a violation regardless of weld quality.
- Using NDE records without the five PSM elements. A report without the examiner's name or the equipment identifier fails the federal documentation test even if the state is satisfied.
Canada: provincial safety authorities
In Canada, boilers and pressure vessels are regulated provincially, typically through a provincial safety authority that adopts CSA B51 and the ASME code. Two examples matter most to petrochemical owners.
Alberta (ABSA). Under Alberta's Pressure Equipment Safety Regulation, an owner can hold a Certificate of Authorization Permit for its pressure equipment integrity management system. ABSA's document AB-512 sets the quality management system requirements for such owner-users, and a harmonized version (AB-512H) has been endorsed by Alberta, Saskatchewan (TSASK) and Manitoba. Owner-users with an accepted system manage their own inspection programmes under ABSA oversight.
Ontario (TSSA). The Technical Standards and Safety Authority administers boilers and pressure vessels and publishes a guideline for companies requesting certification for owner-user self-inspection. Owners elsewhere in Canada should check their own provincial authority; the arrangements are similar in principle but not identical.
How Atlantis supports jurisdictional and owner-user inspections
Atlantis NDT performs the NDE that jurisdictional, insurance and owner-user inspectors rely on: UT thickness and CML surveys, corrosion mapping, PAUT, TOFD, radiography through crews licensed where the work is done, MT, PT, VT and ET, all by ASNT-certified technicians under ASNT Level III oversight. Reports carry the date, examiner name, equipment identifier, method description and results that PSM requires. The state inspector, the AIA inspector or the owner's API-certified inspector remains the inspector of record and signs the certificate inspection; Atlantis does not issue certificates or approve repairs. See our pressure vessel inspection services or ask for an NDE quote.
Frequently asked questions
Does Texas require pressure vessel inspection?
Not under the state boiler law. Texas Health and Safety Code chapter 755 excludes pressure vessels other than steam collection or liberation drums of process steam generators. Federal OSHA PSM, EPA RMP and the owner's programme still apply.
What is a pressure vessel certificate of inspection?
A certificate issued by the jurisdiction after an accepted inspection, showing the vessel may operate until the next due date. Names differ: certificate of inspection, certificate of operation or permit to operate.
Which states inspect unfired pressure vessels?
Many, but not all. The National Board synopsis lists coverage and exemptions for each member jurisdiction. Confirm with the state's chief inspector before relying on any list.
Can an API 510 inspector perform a state certificate inspection?
Only where the state accepts it, usually within an approved owner-user programme. Many states require a National Board commissioned inspector for certificate inspections.
What is an owner-user inspection agency under state law?
An operator approved by the state to inspect its own vessels with qualified inspectors. Pennsylvania and Virginia, for example, allow registration as an owner/user inspection agency.
Does OSHA PSM replace state boiler law?
No. They are separate layers. PSM requires a mechanical-integrity programme for covered processes; the state law governs certificates and who may inspect registered items.
Are federal facilities subject to state boiler and pressure vessel law?
Most state laws exempt equipment under federal ownership or control. Check the exemption list for the state concerned.
How often must a pressure vessel be inspected under state law?
It depends on the state and the item. Pennsylvania lists three years for unfired pressure vessels in the National Board summary; other states adopt API 510 intervals or their own tables.
Who regulates pressure vessels in Alberta and Ontario?
ABSA in Alberta, under the Pressure Equipment Safety Regulation, and TSSA in Ontario. Both offer owner-user arrangements.
Where can I check boiler and pressure vessel law by state?
Start with the National Board's jurisdiction synopsis, then read the statute and administrative rules and confirm with the chief inspector's office.
Need NDE that stands up to a state, insurance or owner-user inspector? Request a quote for vessel NDE or review our OSHA PSM compliance overview.
Next step
Atlantis performs the NDE this work needs and reports to your inspector of record. To go further, request an inspection quote. We reply within one business day.