SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2000 SESSION


CHAPTER 728
An Act to amend and reenact § 40.1-51.11 of the Code of Virginia, relating to injunctive relief for violations of the Boiler and Pressure Vessel Safety Act.
[S 514]
Approved April 8, 2000

Be it enacted by the General Assembly of Virginia:

1. That § 40.1-51.11 of the Code of Virginia is amended and reenacted as follows:

§ 40.1-51.11. Suspension of inspection certificate; injunctive relief.

(a) A. The Commissioner or his authorized representative may at any time suspend an inspection certificate when, in his opinion, the boiler or pressure vessel for which it was issued, cannot be operated without menace to the public safety, or when the boiler or pressure vessel is found not to comply with the rules and regulations herein provided. Each suspension of an inspection certificate shall continue in effect until such boiler or pressure vessel shall have been made to conform to the rules and regulations of the Board, and until such inspection certificate shall have been reinstated. No boiler or pressure vessel shall be operated during the period of suspension.

(b) B. Notwithstanding any other provision of this chapter to the contrary, the Board, upon finding that the particular boiler or pressure vessel poses an immediate danger to human life because of failure to comply with provisions of law or regulation, shall have all powers provided in § 40.1-49.4 F 1 in the event of violation of any provision of this chapter or the regulations promulgated thereunder, the Board or the Commissioner may petition any appropriate court of record for relief by injunction, without being compelled to allege or prove that an adequate remedy at law does not exist.