Texas boiler law, set out in Chapter 755 of the Health and Safety Code and enforced by the Texas Department of Licensing and Regulation (TDLR), requires every regulated boiler in the state to be registered, kept under a current certificate of operation, inspected on a set schedule, and covered by prompt reports of accidents, repairs, and installations.1State of Texas. Texas Health and Safety Code Chapter 755 Missing an inspection, operating without a certificate, or delaying an accident report can bring fines up to $5,000 per violation, daily late fees, and forced shutdown.
Registration and the Certificate of Operation
Every boiler operated in Texas must be registered with TDLR and hold a current certificate of operation. There is no grace period. Running an unregistered boiler, or one whose certificate has lapsed, is a standalone violation in the highest fine tier the program uses for routine offenses.2State of Texas. Texas Health and Safety Code Chapter 755 – Section 755.021
TDLR issues the certificate after the boiler passes its certificate inspection and the owner pays required fees. The certificate runs only until the next inspection is due, so its life is tied to the inspection interval for that boiler type. It has to be posted in a visible spot on or near the boiler.3State of Texas. Texas Health and Safety Code Chapter 755 – Section 755.029
When you buy a boiler or a property with one, update the registration with TDLR. Changes in ownership, location, mailing address, or insurance coverage should be reported so the record stays current and compliance does not lapse by paperwork alone.
How Often Boilers Must Be Inspected
Texas requires an initial inspection at installation and recurring inspections on intervals that tighten as the risk goes up.4State of Texas. Texas Health and Safety Code Chapter 755 – Section 755.025
- Power boilers, unfired steam boilers, and process steam generator drums: annual certificate inspection plus an annual external inspection.
- Steam heating and hot water heating boilers: certificate inspection every two years.
- Hot water supply boilers and potable water heaters: certificate inspection every three years.
- Portable boilers: external inspection after each relocation, and at least annually overall.
- Nuclear boilers: intervals set by agreement between TDLR and the owner.
If a certificate expires before the boiler is inspected, the boiler has to pass both an internal and external inspection before a new certificate can be issued.5Texas Administrative Code. 16 TAC 65.64 – Extension of Interval between Inspections TDLR can also order a special inspection at any time if it suspects a boiler is unsafe, regardless of where it sits in the regular cycle.
Who Performs the Inspection
A boiler covered by a boiler and machinery insurance policy must be inspected by the Authorized Inspection Agency (AIA) tied to that policy, or by that agency’s authorized representative. A boiler without insurance coverage is inspected by TDLR directly.6Texas Administrative Code. 16 TAC 65.61 – Inspection of All Boilers Required Most commercial boilers are insured, so the carrier’s inspector handles routine work. Switching carriers means coordinating future inspections with the new carrier’s inspection agency, and letting a policy lapse pushes inspection responsibility onto TDLR.
When a Boiler Fails Inspection
If an inspector finds a boiler unsafe, the chief inspector or a deputy inspector issues a written preliminary order requiring repairs, alterations, or both, and the order can shut the boiler down entirely until the problems are fixed.7State of Texas. Texas Health and Safety Code Chapter 755 – Section 755.041 An owner who disagrees can request a hearing before the TDLR executive director. If the executive director confirms the boiler is unsafe after that hearing, the certificate is withheld and additional repair or alteration requirements can be imposed.
The chief inspector may issue a temporary certificate of operation lasting up to 30 days while repairs are completed. A boiler that cannot be made safe at all gets condemned, and its use is permanently prohibited.
Repairs and Alterations
Texas draws a line between a repair, which restores a boiler to safe operating condition without changing the original design, and an alteration, which substantially changes the design. Both must comply with TDLR rules and the National Board Inspection Code.8State of Texas. Texas Health and Safety Code Chapter 755 – Section 755.001
Organizations performing repair or alteration work are expected to hold a National Board “R” Certificate of Authorization, which requires an inspection agreement with an authorized inspection agency, a written quality management manual, and a facilities and procedures review. The certificate is renewed every three years.9National Board of Boiler and Pressure Vessel Inspectors. Accreditation of Repair Organizations An organization seeking initial authorization from TDLR to perform special boiler repairs, alterations, or work on safety appliances pays a $1,700 application fee.10Texas Department of Licensing and Regulation. Boiler Safety at a Glance
The owner must file a report for every repair and alteration within 90 days of completion. Missing that deadline is a Class A violation.11Texas Department of Licensing and Regulation. Boiler Penalties and Sanctions An installation report with the manufacturer’s data is due within 30 days of completing an installation.
Accident Reporting
When a serious boiler accident occurs, the owner, operator, or authorized inspector must immediately notify the chief inspector and the authorized inspection agency. Immediately means immediately. There is no 24-hour window. Delay is a Class C violation with fines starting at $2,000.12Texas Administrative Code. 16 TAC 65.83 – Boiler Accidents11Texas Department of Licensing and Regulation. Boiler Penalties and Sanctions
After a serious accident, do not move or disturb the boiler or its parts until an inspector has investigated, unless doing so is necessary to prevent further injury or damage. Removing or disturbing evidence before the inspection is also a Class C violation.
A workplace boiler incident triggers federal OSHA reporting on top of the state duty. Employers must report a work-related fatality within eight hours, and an in-patient hospitalization within 24 hours, with the clock starting when the employer learns the event occurred and was work-related.13Occupational Safety and Health Administration. 29 CFR 1904.39 – Reporting Fatalities, Hospitalizations, Amputations, and Losses of an Eye OSHA operates on its own timeline, so a serious workplace accident can require notifying both TDLR and OSHA under different deadlines.
Penalties and Late Fees
TDLR uses a four-tier penalty structure that escalates with severity and prior offenses. Third-time offenders hit the $5,000 ceiling in every class.11Texas Department of Licensing and Regulation. Boiler Penalties and Sanctions
- Class A ($500 to $5,000): failure to post the certificate, failure to have a boiler prepared for inspection, failure to file installation or repair reports on time, and failure to pay inspection fees.
- Class B ($1,000 to $5,000): failure to obtain required inspections at the proper intervals, failure to inspect a portable boiler after relocation, and shipping a nonstandard boiler into the state without approval.
- Class C ($2,000 to $5,000): operating an unregistered boiler, operating without a valid certificate, and failure to report a serious accident immediately.
- Class D ($5,000 flat): failure to comply with a previous enforcement order from the commission or executive director.
Separate from the fine schedule, TDLR assesses late inspection fees when a certificate expires without a timely inspection: $25 per day for the first 30 days, $50 per day for the next 30, and $100 per day after that. Those charges apply to both the owner and the authorized inspection agency responsible for the overdue inspection.10Texas Department of Licensing and Regulation. Boiler Safety at a Glance
In extreme cases, TDLR can seek a court injunction to shut down a boiler that poses a serious threat to life and safety, brought by the attorney general or the local district or county attorney in the county where the boiler sits or in Travis County.14State of Texas. Texas Health and Safety Code Chapter 755 – Section 755.042
What Chapter 755 Does Not Cover
Chapter 755 does not apply to every boiler in Texas. Boilers owned or operated by the federal government are exempt, and Section 755.022 lists additional exempt categories, which historically have included certain low-pressure equipment and boilers used for specific purposes where the risk profile differs from standard commercial or industrial use.15State of Texas. Texas Health and Safety Code 755.022 – Exemptions for Certain Boilers An exemption removes the registration and inspection requirements but not the owner’s general duty to maintain the boiler safely, and if operating conditions change so the exemption no longer fits, the owner has to bring the boiler into compliance with TDLR requirements. Check the current version of Section 755.022 before relying on any exemption.