BOILERS AND PRESSURE VESSELS
CHAPTER 80
BOILER AND PRESSURE VESSEL BOARD
ADMINISTRATIVE AND REGULATORY AUTHORITY
875—80.1(89) Definitions. The definitions contained in this rule apply to 875—Chapters 80 to 96.
“Board” means the boiler and pressure vessel board.
“Board office” means the offices of the division of labor services of the department of workforce development.
“Commissioner” means the labor commissioner of the state of Iowa.
[ARC 9082B, IAB 9/22/10, effective 10/27/10]
875—80.2(89) Purpose and authority of board. The purpose of the board is to perform the statutory duties described in Iowa Code chapter 89. The board’s mission is to protect the public health, safety and welfare by improving the installation, repair, maintenance, alteration, use, and operation of boilers and pressure vessels in the state. The authority and responsibilities of the board include, but are not limited to:
	80.2(1) Adopting rules necessary to protect public safety and health and to administer the duties of the board.
	80.2(2) Hearing and deciding appeals concerning boiler and pressure vessel inspection reports.
	80.2(3) Establishing fees.
	80.2(4) Establishing committees of the board, the members and chairpersons of which shall be appointed by the board chairperson.
	80.2(5) Performing any other function authorized by law.
[ARC 9082B, IAB 9/22/10, effective 10/27/10]
875—80.3(89) Organization of board.
	80.3(1) The board shall be composed of the commissioner or the commissioner’s designee and eight additional members appointed by the governor and confirmed by the senate.
	80.3(2) The eight appointed members of the board shall include:
	a. 	One member who is a special inspector and who is employed by an insurance company and commissioned to inspect boilers and pressure vessels.
	b. 	One member from a certified employee organization who shall represent steamfitters.
	c. 	Two members who are mechanical engineers who regularly practice in the area of boilers and pressure vessels.
	d. 	One member who is a boiler and pressure vessel distributor.
	e. 	One member who represents boiler and pressure vessel manufacturers.
	f. 	One member who is a mechanical contractor engaged in the business of installation, renovation, and repair of boilers and pressure vessels.
	g. 	One member from a certified employee organization who shall represent boilermakers.
	80.3(3) The board shall elect a chairperson, vice chairperson, and secretary from its membership at the first meeting after July 1 of each year. Neither the commissioner nor the commissioner’s designee may serve as chairperson. The chairperson shall, when present, preside at meetings, appoint committees, and perform all duties and exercise all powers of the chairperson. The vice chairperson shall, in the absence or incapacity of the chairperson, perform all duties and exercise all powers of the chairperson.
[ARC 8283B, IAB 11/18/09, effective 1/1/10; ARC 9082B, IAB 9/22/10, effective 10/27/10]
875—80.4(21,89) Public meetings.
	80.4(1) The board shall hold at least one meeting each calendar quarter.
	80.4(2) Board meetings shall be governed in accordance with Iowa Code chapter 21, and the board’s proceedings shall be conducted in accordance with Robert’s Rules of Order.
	80.4(3) The chairperson or the chairperson’s designee shall prepare an agenda listing all matters to be discussed at the meeting.
	80.4(4) A majority of the members of the board shall constitute a quorum, and all final motions and actions must receive a majority of a quorum vote.
	80.4(5) Members of the public may be present during board meetings unless the board votes to hold a closed session in accordance with Iowa Code chapter 21. The dates and locations of board meetings may be obtained from the board’s Web site or the board office.
	80.4(6) At every regularly scheduled board meeting, time will be designated for public comment. During the public comment period, any person may speak for up to two minutes. Requests to speak for two minutes per person when a particular topic comes before the board may be granted at the discretion of the chairperson. The chairperson may limit total public comment time to ten minutes.
	80.4(7) The person presiding at a meeting of the board may exclude a person from an open meeting for behavior that obstructs the meeting.
	80.4(8) Cameras and recording devices may be used at open meetings provided the cameras and recording devices do not obstruct the meeting. If the user of a camera or recording device obstructs the meeting by the use of such device, the person presiding at the meeting may request the user to discontinue use of the camera or device.
[ARC 9082B, IAB 9/22/10, effective 10/27/10]
875—80.5(89) Official communications. All official communications, including submissions and requests, shall be addressed to the Boiler and Pressure Vessel Board, Department of Workforce Development, Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa 50319.
These rules are intended to implement Iowa Code chapters 21 and 89.
[Filed 7/26/06, Notice 5/10/06—published 8/16/06, effective 9/20/06]
[Filed ARC 8283B (Notice ARC 8082B, IAB 8/26/09), IAB 11/18/09, effective 1/1/10]
[Filed ARC 9082B (Notice ARC 8694B, IAB 4/21/10), IAB 9/22/10, effective 10/27/10]