Hawaii 2022 Regular Session

Hawaii Senate Bill SB1158 Compare Versions

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1-THE SENATE S.B. NO. 1158 THIRTY-FIRST LEGISLATURE, 2021 S.D. 1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO THE BOILER AND ELEVATOR SAFETY LAW. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1+THE SENATE S.B. NO. 1158 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT RELATING TO THE BOILER AND ELEVATOR SAFETY LAW. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47- SECTION 1. Section 397-2, Hawaii Revised Statutes, is amended to read as follows: "[[]§397-2[]] Findings and purpose. The legislature finds that the Hawaii occupational safety and health law does not adequately provide for the safe operation and use of [boilers, pressure systems,] pressure retaining items, amusement rides, and elevators and kindred equipment. The purpose of this law is to assure the safe operation and use of such apparatus in Hawaii." SECTION 2. Section 397-3, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows: ""Amusement ride" means a mechanically or electrically operated device designed to carry passengers in various modes and used for entertainment and amusement. "Permit to operate" means a certificate issued by the department that indicates that the pressure retaining item, amusement ride, or elevator and kindred equipment has met the required safety inspection and tests required by this chapter and rules adopted under this chapter, and that required fees have been paid as set forth in this chapter. "Pressure retaining item" means a boiler, pressure vessel, or pressure system." SECTION 3. Section 397-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) Administration. (1) The department shall establish a boiler and elevator inspection branch for the enforcement of the rules adopted under this chapter and other duties as assigned; (2) The department shall: (A) Implement and enforce the requirements of this chapter; and (B) Keep adequate and complete records of the type, size, location, identification data, and inspection findings for [boilers, pressure systems,] pressure retaining items, amusement rides, and elevators and kindred equipment required to be inspected pursuant to this chapter; (3) The department shall formulate definitions and adopt and enforce standards and rules pursuant to chapter 91 that may be necessary for carrying out this chapter; (4) Emergency temporary standards may be adopted without conforming to chapter 91 and without hearings to take immediate effect upon giving public notice of the emergency temporary standards or upon another date that may be specified in the notice. An emergency temporary standard may be adopted, if the director determines: (A) That the public or individuals are exposed to grave danger from exposure to hazardous conditions or circumstances; and (B) That the emergency temporary standard is necessary to protect the public or individuals from danger. Emergency temporary standards shall be effective until superseded by a standard adopted under chapter 91, but shall not be effective longer than six months; (5) Variances from standards adopted under this chapter may be granted upon application of an owner, user, contractor, or vendor. Application for variances shall correspond to procedures set forth in the rules adopted pursuant to this chapter. The director may issue an order for variance, if the director determines that the proponent of the variance has demonstrated that the conditions, practices, means, methods, operations, or processes used or proposed to be used will provide substantially equivalent safety as that provided by the standards; (6) Permits. (A) The department shall issue a ["]permit to operate["] regarding any [boiler, pressure system,] pressure retaining item, amusement ride, or elevator and kindred equipment if found to be safe in accordance with rules adopted pursuant to chapter 91[;] and all required fees have been paid; (B) The department may issue an order immediately [revoke] revoking or suspending any ["]permit to operate["], or an order prohibiting the use or operation of [any boiler, pressure system,] a pressure retaining item, amusement ride, or elevator and kindred equipment [found] when: (i) The department finds the pressure retaining item, amusement ride, or elevator and kindred equipment to be in an unsafe condition [or where a]; (ii) A user, owner, or contractor ignores a prior department [orders] order to correct a condition, [specific defects or hazards] defect, or hazard relating to the pressure retaining item, amusement ride, or elevator and kindred equipment, and continues to use or operate the [aforementioned apparatus] the pressure retaining item, amusement ride, or elevator and kindred equipment without abating the [hazards or defects;] condition, defect, or hazard identified in the order; or (iii) A user, owner, or contractor fails to pay any fee or fine required under this chapter or any rule adopted under this chapter. The order shall be rescinded when the department has determined that the owner, user, or contractor has complied with the order to correct the condition, defect, or hazard identified in the order and has paid all fees or fines imposed by the department; (C) The department [shall] may reissue a ["]permit to operate["] to any user, owner, or contractor who demonstrates that the user, owner, or contractor is proceeding in good faith to abate all nonconforming conditions mentioned in department orders and the [boilers, pressure systems,] pressure retaining items, amusement rides, and elevators and kindred equipment are safe to operate; and (D) The department shall establish criteria for the periodic reinspection and renewal of the permits to operate, and may provide for the issuance of temporary permits to operate while any noncomplying [boiler, pressure system,] pressure retaining item, amusement ride, and elevator and kindred equipment are being brought into full compliance with the applicable standards and rules adopted pursuant to this chapter; provided that the period between an initial safety inspection or the inspection used as a basis for the issuance of a permit to operate, and any subsequent inspection of elevators and kindred equipment shall not exceed one year; (7) No person shall operate a [boiler, pressure system,] pressure retaining item, amusement ride, or elevator and kindred equipment that [are] is required to be inspected by this chapter or by any rule adopted pursuant to this chapter, except as necessary to install, repair, or test, unless a permit to operate has been authorized or issued by the department and remains valid; and (8) The department, upon the application of any owner, user, or other person affected thereby, may grant time that may reasonably be necessary for compliance with any order. Any person affected by an order may for cause petition the department for an extension of time." SECTION 4. Section 397-5, Hawaii Revised Statutes, is amended to read as follows: "§397-5 Fees. (a) The director [may] shall prescribe reasonable fees to be charged for inspection, examination, and other services rendered and for permits, certificates, or licenses, the issuance of which are required by this chapter or by any rules of the department adopted pursuant to this chapter[, and]. The fee schedule shall include fees for: (1) Inspections by the department of any [boiler, pressure system,] pressure retaining item, amusement ride, and elevator and kindred equipment for which a permit or certificate is required for its installation, repair, alteration, operation, or use, and which is required to be inspected by this chapter or by any rules of the department; and (2) Examination of any person applying for permits, certificates, or licenses as required by this chapter or by any rules of the department. (b) All fees received by the department pursuant to this section shall be paid into the boiler and elevator revolving fund. [(c) Effective July 1, 2012, the fees for inspections, permits, and examinations of boilers, pressure systems, elevators, kindred equipment, and amusement rides shall be as prescribed by the schedules in this section; provided that the director may adopt rules pursuant to chapter 91 to amend the fees specified in this section. SCHEDULE A: Boiler and Pressure System Fees Installation, Repair, and Alteration Permit Fees: (1) Power boilers (shall pass a hydrostatic test unless indicated otherwise): Miniature electric (no hydrostatic test required) $190 Less than 500 square feet of heating surface $250 Greater than or equal to 500 and less than or equal to 3,000 square feet of heating surface $400 Greater than 3,000 square feet of heating surface $750 (2) Heating boiler $190 Retrofit $160 (3) Pressure vessel $175 Retrofit $130 (4) Sterilizers and steam kettles $150 Retrofit $110 (5) Repair application fee $200 (6) Alteration application fee $500 Examination and License Fees: (1) Boiler inspectors certificate of competency examination fee $300 (2) Review of shops and facilities for the issuance of National Board or American Society of Mechanical Engineers certificate of authorization $1,500 (3) Review of shops and facilities for the issuance of Non-Boiler External Piping certificate of authorization $750 (4) Boiler inspector's Hawaii commission, initial and renewal $75 Internal and External Inspection Fees: (1) Power boilers: Without manholes $150 With manholes but less than or equal to 3,000 square feet of heating surface $180 With manholes greater than 3,000 and less than or equal to 10,000 square feet of heating surface $260 With manholes and over 10,000 square feet of heating surface $450 (2) Heating boilers: Hot water supply $130 Steam and water heating without manholes $110 Steam, over 100 square feet but not over 500 square feet of heating surface $140 All with manholes and steam over 500 square feet of heating surface $170 (3) Pressure vessels: Routine inspections $65 Internal for air or water service $130 Ultrasonic testing $130 (4) For all other types of inspections an hourly fee is assessed $100 (1) Hydrostatic test $300 (2) School "specials" (non-code objects) $10 Reports and Permit Processing Fees: (1) Report and permit $25 (2) Permit reprint $20 (3) Signed permit card (old issue) $10 (4) Owner portal $5 SCHEDULE B: Elevator and Kindred Equipment Fees Installation and Alteration Permits: (1) Alteration involving only the replacement of up to two parts (such as a valve, a jack, or a cylinder) $150 (2) Alteration involving only cosmetic changes (such as car interior modernizations) $300 (3) Alterations of more than two parts, or components, and/or subsystems: 1 3 floors $600 4 9 floors $650 10 19 floors $700 20 29 floors $750 30 39 floors $800 40 or more floors $900 (4) Where alterations to four or more units at the same location are identical, the fee for each additional alteration permit shall be reduced by fifty per cent. The applications must be submitted at the same time to qualify for the fee reduction. (5) Installation of new elevators (including material lifts) and kindred equipment: Dumbwaiter $500 Escalator, moving walk, or moving ramp $500 Hand elevator or stage lift $500 Wheelchair or stairway lifts $500 Elevator, 1 - 3 floors $600 Elevator, 4 - 9 floors $650 Elevator, 10 - 19 floors $700 Elevator, 20 - 29 floors $750 Elevator, 30 39 floors $800 Elevator, 40 or more floors $900 Personnel hoists $250 Inclined tunnel lifts $500 (For elevators, such as observation or deep well elevators, which have considerable rise but few openings, each ten feet of vertical rise shall be considered one floor for the purpose of determining installation or alteration permit fees.) (6) Temporary use permits (construction car) $450 (7) For each valid alteration or installation permit, the department shall provide one inspection per unit. (8) The fee for each additional inspection or witnessing of tests, or both, shall be $300 per day for up to two hours and $600 per day for more than two hours if during the normal workday. Fees for overtime hours shall be $600 per day for up to two hours and $1,200 per day for more than two hours. (9) Each installation or alteration permit shall be valid for up to one year from date of issuance. Inspection Fees: (1) Permit renewal inspection fees: Dumbwaiter $140 Escalator, moving walk, or moving ramp $150 Hand elevator or stage lift $150 Wheelchair or stairway lifts $150 Hydraulic elevator - holed $150 Hydraulic elevator holeless $200 Traction elevator: 1 - 3 floor rise $225 4 - 9 floor rise $250 10 - 19 floor rise $275 20 - 29 floor rise $325 30 - 39 floor rise $400 40 or more floor rise $475 Personnel hoists $175 Inclined tunnel lifts $220 (2) Safety, load or internal test (witness fees): 3-year safety test $200 5-year safety test $300 Escalator internal $100 (3) Permit renewal and witness fees are per inspection, which may constitute one day or part of the day. If the inspector is required to return on another day or at another time on the same day, additional fees shall be assessed at the rate of $300 per day for up to two hours and $600 per day for more than two hours. Fees for overtime hours shall be $600 per day for up to two hours and $1,200 per day for more than two hours. Schedule C: Amusement Ride Fees Inspection Fees: (1) Permit renewal inspection fees: Amusement ride $100 (2) Permit renewal fees are per inspection, which may constitute one day or part of the day. If the inspector has to return on another day or at another time within the same day, additional fees shall be assessed at the rate of $300 per day for up to two hours and $600 per day for more than two hours. Fees for overtime hours shall be $600 per day for up to two hours and $1,200 per day for more than two hours.]" SECTION 5. Section 397-6, Hawaii Revised Statutes, is amended to read as follows: "§397-6 Safety inspection by qualified inspectors. (a) All safety inspections required under this chapter of [boilers and pressure systems] pressure retaining items shall be performed by deputy boiler inspectors in the employ of the department who are qualified boiler inspectors and, when authorized by the director, may be performed by special inspectors who are qualified boiler inspectors in the employ of insurance companies insuring boilers or pressure systems in this State. (b) A qualified boiler inspector is a person eligible for or in possession of a valid commission issued by the National Board of Boiler and Pressure Vessel Inspectors, who has satisfied the requirements established by the department, and who has received from the director or the director's authorized agent briefings and instructions regarding the rules pertaining to boilers and pressure systems in this State. (c) All safety inspections required under this chapter of elevators and kindred equipment, and amusement rides and the premises appurtenant thereto, shall be performed by deputy elevator inspectors of the department who are qualified elevator inspectors and who are employed primarily for purposes of elevator and related inspection work. (d) A qualified elevator inspector is a person who meets the criteria of the American Society of Mechanical Engineers and the standards for the qualification of elevator inspectors of the American National Standards Institute and has satisfied requirements established by the department of labor and industrial relations." SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 7. This Act shall take effect upon its approval.
47+ SECTION 1. Section 397-3, Hawaii Revised Statutes, is amended by adding new definitions to be appropriately inserted and to read as follows: ""Amusement ride" means a mechanically or electrically operated device designed to carry passengers in various modes and used for entertainment and amusement. "Permit to operate" means a certificate issued by the department that indicates that the pressure retaining item, amusement ride, or elevator and kindred equipment has met the required safety inspection and tests required by this chapter and rules adopted under this chapter, and that required fees have been paid as set forth in this chapter. "Pressure retaining item" means a boiler, pressure vessel, or pressure system." SECTION 2. Section 397-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) Administration. (1) The department shall establish a boiler and elevator inspection branch for the enforcement of the rules adopted under this chapter and other duties as assigned; (2) The department shall: (A) Implement and enforce the requirements of this chapter; and (B) Keep adequate and complete records of the type, size, location, identification data, and inspection findings for [boilers, pressure systems,] pressure retaining items, amusement rides, and elevators and kindred equipment required to be inspected pursuant to this chapter; (3) The department shall formulate definitions and adopt and enforce standards and rules pursuant to chapter 91 that may be necessary for carrying out this chapter; (4) Emergency temporary standards may be adopted without conforming to chapter 91 and without hearings to take immediate effect upon giving public notice of the emergency temporary standards or upon another date that may be specified in the notice. An emergency temporary standard may be adopted, if the director determines: (A) That the public or individuals are exposed to grave danger from exposure to hazardous conditions or circumstances; and (B) That the emergency temporary standard is necessary to protect the public or individuals from danger. Emergency temporary standards shall be effective until superseded by a standard adopted under chapter 91, but shall not be effective longer than six months; (5) Variances from standards adopted under this chapter may be granted upon application of an owner, user, contractor, or vendor. Application for variances shall correspond to procedures set forth in the rules adopted pursuant to this chapter. The director may issue an order for variance, if the director determines that the proponent of the variance has demonstrated that the conditions, practices, means, methods, operations, or processes used or proposed to be used will provide substantially equivalent safety as that provided by the standards; (6) Permits. (A) The department shall issue a ["]permit to operate["] regarding any [boiler, pressure system,] pressure retaining item, amusement ride, or elevator and kindred equipment if found to be safe in accordance with rules adopted pursuant to chapter 91[;] and all required fees have been paid; (B) The department may immediately revoke any ["]permit to operate["] of any [boiler, pressure system,] pressure retaining item, amusement ride, or elevator and kindred equipment found to be in an unsafe condition or where a user, owner, or contractor ignores prior department orders to correct specific defects or hazards and continues to use or operate the aforementioned apparatus without abating the hazards or defects[;]. The department may also revoke or suspend any permit to operate and issue an order prohibiting the use or operation of any pressure retaining item, amusement ride, or elevator and kindred equipment if the owner, user, or contractor of such equipment fails to pay any fee or fine required under this chapter or any rule adopted under this chapter. The order shall be rescinded when the department has determined the owner, user, or contractor has paid the fee or fine; (C) The department [shall] may reissue a ["]permit to operate["] to any user, owner, or contractor who demonstrates that the user, owner, or contractor is proceeding in good faith to abate all nonconforming conditions mentioned in department orders and the [boilers, pressure systems,] pressure retaining items, amusement rides, and elevators and kindred equipment are safe to operate; and (D) The department shall establish criteria for the periodic reinspection and renewal of the permits to operate, and may provide for the issuance of temporary permits to operate while any noncomplying [boiler, pressure system,] pressure retaining item, amusement ride, and elevator and kindred equipment are being brought into full compliance with the applicable standards and rules adopted pursuant to this chapter; provided that the period between an initial safety inspection or the inspection used as a basis for the issuance of a permit to operate, and any subsequent inspection of elevators and kindred equipment shall not exceed one year; (7) No person shall operate a [boiler, pressure system,] pressure retaining item, amusement ride, or elevator and kindred equipment that [are] is required to be inspected by this chapter or by any rule adopted pursuant to this chapter, except as necessary to install, repair, or test, unless a permit to operate has been authorized or issued by the department and remains valid; and (8) The department, upon the application of any owner, user, or other person affected thereby, may grant time that may reasonably be necessary for compliance with any order. Any person affected by an order may for cause petition the department for an extension of time." SECTION 3. Section 397-5, Hawaii Revised Statutes, is amended to read as follows: "§397-5 Fees. (a) The director [may] shall prescribe reasonable fees to be charged for inspection, examination, other services rendered and for permits, certificates, or licenses, the issuance of which are required by this chapter or by any rules of the department adopted pursuant to this chapter, and for: (1) Inspections by the department of any [boiler, pressure system,] pressure retaining item, amusement ride, and elevator and kindred equipment for which a permit or certificate is required for its installation, repair, alteration, operation, or use, and which is required to be inspected by this chapter or by any rules of the department; and (2) Examination of any person applying for permits, certificates, or licenses as required by this chapter or by any rules of the department. (b) All fees received by the department pursuant to this section shall be paid into the boiler and elevator revolving fund. [(c) Effective July 1, 2012, the fees for inspections, permits, and examinations of boilers, pressure systems, elevators, kindred equipment, and amusement rides shall be as prescribed by the schedules in this section; provided that the director may adopt rules pursuant to chapter 91 to amend the fees specified in this section. SCHEDULE A: Boiler and Pressure System Fees Installation, Repair, and Alteration Permit Fees: (1) Power boilers (shall pass a hydrostatic test unless indicated otherwise): Miniature electric (no hydrostatic test required) $190 Less than 500 square feet of heating surface $250 Greater than or equal to 500 and less than or equal to 3,000 square feet of heating surface $400 Greater than 3,000 square feet of heating surface $750 (2) Heating boiler $190 Retrofit $160 (3) Pressure vessel $175 Retrofit $130 (4) Sterilizers and steam kettles $150 Retrofit $110 (5) Repair application fee $200 (6) Alteration application fee $500 Examination and License Fees: (1) Boiler inspectors certificate of competency examination fee $300 (2) Review of shops and facilities for the issuance of National Board or American Society of Mechanical Engineers certificate of authorization $1,500 (3) Review of shops and facilities for the issuance of Non-Boiler External Piping certificate of authorization $750 (4) Boiler inspector's Hawaii commission, initial and renewal $75 Internal and External Inspection Fees: (1) Power boilers: Without manholes $150 With manholes but less than or equal to 3,000 square feet of heating surface $180 With manholes greater than 3,000 and less than or equal to 10,000 square feet of heating surface $260 With manholes and over 10,000 square feet of heating surface $450 (2) Heating boilers: Hot water supply $130 Steam and water heating without manholes $110 Steam, over 100 square feet but not over 500 square feet of heating surface $140 All with manholes and steam over 500 square feet of heating surface $170 (3) Pressure vessels: Routine inspections $65 Internal for air or water service $130 Ultrasonic testing $130 (4) For all other types of inspections an hourly fee is assessed $100 (1) Hydrostatic test $300 (2) School "specials" (non-code objects) $10 Reports and Permit Processing Fees: (1) Report and permit $25 (2) Permit reprint $20 (3) Signed permit card (old issue) $10 (4) Owner portal $5 SCHEDULE B: Elevator and Kindred Equipment Fees Installation and Alteration Permits: (1) Alteration involving only the replacement of up to two parts (such as a valve, a jack, or a cylinder) $150 (2) Alteration involving only cosmetic changes (such as car interior modernizations) $300 (3) Alterations of more than two parts, or components, and/or subsystems: 1 3 floors $600 4 9 floors $650 10 19 floors $700 20 29 floors $750 30 39 floors $800 40 or more floors $900 (4) Where alterations to four or more units at the same location are identical, the fee for each additional alteration permit shall be reduced by fifty per cent. The applications must be submitted at the same time to qualify for the fee reduction. (5) Installation of new elevators (including material lifts) and kindred equipment: Dumbwaiter $500 Escalator, moving walk, or moving ramp $500 Hand elevator or stage lift $500 Wheelchair or stairway lifts $500 Elevator, 1 - 3 floors $600 Elevator, 4 - 9 floors $650 Elevator, 10 - 19 floors $700 Elevator, 20 - 29 floors $750 Elevator, 30 39 floors $800 Elevator, 40 or more floors $900 Personnel hoists $250 Inclined tunnel lifts $500 (For elevators, such as observation or deep well elevators, which have considerable rise but few openings, each ten feet of vertical rise shall be considered one floor for the purpose of determining installation or alteration permit fees.) (6) Temporary use permits (construction car) $450 (7) For each valid alteration or installation permit, the department shall provide one inspection per unit. (8) The fee for each additional inspection or witnessing of tests, or both, shall be $300 per day for up to two hours and $600 per day for more than two hours if during the normal workday. Fees for overtime hours shall be $600 per day for up to two hours and $1,200 per day for more than two hours. (9) Each installation or alteration permit shall be valid for up to one year from date of issuance. Inspection Fees: (1) Permit renewal inspection fees: Dumbwaiter $140 Escalator, moving walk, or moving ramp $150 Hand elevator or stage lift $150 Wheelchair or stairway lifts $150 Hydraulic elevator - holed $150 Hydraulic elevator holeless $200 Traction elevator: 1 - 3 floor rise $225 4 - 9 floor rise $250 10 - 19 floor rise $275 20 - 29 floor rise $325 30 - 39 floor rise $400 40 or more floor rise $475 Personnel hoists $175 Inclined tunnel lifts $220 (2) Safety, load or internal test (witness fees): 3-year safety test $200 5-year safety test $300 Escalator internal $100 (3) Permit renewal and witness fees are per inspection, which may constitute one day or part of the day. If the inspector is required to return on another day or at another time on the same day, additional fees shall be assessed at the rate of $300 per day for up to two hours and $600 per day for more than two hours. Fees for overtime hours shall be $600 per day for up to two hours and $1,200 per day for more than two hours. Schedule C: Amusement Ride Fees Inspection Fees: (1) Permit renewal inspection fees: Amusement ride $100 (2) Permit renewal fees are per inspection, which may constitute one day or part of the day. If the inspector has to return on another day or at another time within the same day, additional fees shall be assessed at the rate of $300 per day for up to two hours and $600 per day for more than two hours. Fees for overtime hours shall be $600 per day for up to two hours and $1,200 per day for more than two hours.]" SECTION 4. Section 397-6, Hawaii Revised Statutes, is amended to read as follows: "§397-6 Safety inspection by qualified inspectors. (a) All safety inspections required under this chapter of [boilers and pressure systems] pressure retaining items shall be performed by deputy boiler inspectors in the employ of the department who are qualified boiler inspectors and, when authorized by the director, may be performed by special inspectors who are qualified boiler inspectors in the employ of insurance companies insuring boilers or pressure systems in this State. (b) A qualified boiler inspector is a person eligible for or in possession of a valid commission issued by the National Board of Boiler and Pressure Vessel Inspectors, who has satisfied the requirements established by the department, and who has received from the director or the director's authorized agent briefings and instructions regarding the rules pertaining to boilers and pressure systems in this State. (c) All safety inspections required under this chapter of elevators and kindred equipment, and amusement rides and the premises appurtenant thereto, shall be performed by deputy elevator inspectors of the department who are qualified elevator inspectors and who are employed primarily for purposes of elevator and related inspection work. (d) A qualified elevator inspector is a person who meets the criteria of the American Society of Mechanical Engineers and the standards for the qualification of elevator inspectors of the American National Standards Institute and has satisfied requirements established by the department of labor and industrial relations." SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 6. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ BY REQUEST
4848
49- SECTION 1. Section 397-2, Hawaii Revised Statutes, is amended to read as follows:
50-
51- "[[]§397-2[]] Findings and purpose. The legislature finds that the Hawaii occupational safety and health law does not adequately provide for the safe operation and use of [boilers, pressure systems,] pressure retaining items, amusement rides, and elevators and kindred equipment. The purpose of this law is to assure the safe operation and use of such apparatus in Hawaii."
52-
53- SECTION 2. Section 397-3, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:
49+ SECTION 1. Section 397-3, Hawaii Revised Statutes, is amended by adding new definitions to be appropriately inserted and to read as follows:
5450
5551 ""Amusement ride" means a mechanically or electrically operated device designed to carry passengers in various modes and used for entertainment and amusement.
5652
5753 "Permit to operate" means a certificate issued by the department that indicates that the pressure retaining item, amusement ride, or elevator and kindred equipment has met the required safety inspection and tests required by this chapter and rules adopted under this chapter, and that required fees have been paid as set forth in this chapter.
5854
5955 "Pressure retaining item" means a boiler, pressure
6056
6157 vessel, or pressure system."
6258
63- SECTION 3. Section 397-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
59+ SECTION 2. Section 397-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
6460
6561 "(a) Administration.
6662
6763 (1) The department shall establish a boiler and elevator inspection branch for the enforcement of the rules adopted under this chapter and other duties as assigned;
6864
6965 (2) The department shall:
7066
7167 (A) Implement and enforce the requirements of this chapter; and
7268
7369 (B) Keep adequate and complete records of the type, size, location, identification data, and inspection findings for [boilers, pressure systems,] pressure retaining items, amusement rides, and elevators and kindred equipment required to be inspected pursuant to this chapter;
7470
7571 (3) The department shall formulate definitions and adopt and enforce standards and rules pursuant to chapter 91 that may be necessary for carrying out this chapter;
7672
7773 (4) Emergency temporary standards may be adopted without conforming to chapter 91 and without hearings to take immediate effect upon giving public notice of the emergency temporary standards or upon another date that may be specified in the notice. An emergency temporary standard may be adopted, if the director determines:
7874
7975 (A) That the public or individuals are exposed to grave danger from exposure to hazardous conditions or circumstances; and
8076
8177 (B) That the emergency temporary standard is necessary to protect the public or individuals from danger.
8278
8379 Emergency temporary standards shall be effective until superseded by a standard adopted under chapter 91, but shall not be effective longer than six months;
8480
8581 (5) Variances from standards adopted under this chapter may be granted upon application of an owner, user, contractor, or vendor. Application for variances shall correspond to procedures set forth in the rules adopted pursuant to this chapter. The director may issue an order for variance, if the director determines that the proponent of the variance has demonstrated that the conditions, practices, means, methods, operations, or processes used or proposed to be used will provide substantially equivalent safety as that provided by the standards;
8682
8783 (6) Permits.
8884
8985 (A) The department shall issue a ["]permit to operate["] regarding any [boiler, pressure system,] pressure retaining item, amusement ride, or elevator and kindred equipment if found to be safe in accordance with rules adopted pursuant to chapter 91[;] and all required fees have been paid;
9086
91- (B) The department may issue an order immediately [revoke] revoking or suspending any ["]permit to operate["], or an order prohibiting the use or operation of [any boiler, pressure system,] a pressure retaining item, amusement ride, or elevator and kindred equipment [found] when:
92-
93- (i) The department finds the pressure retaining item, amusement ride, or elevator and kindred equipment to be in an unsafe condition [or where a];
94-
95- (ii) A user, owner, or contractor ignores a prior department [orders] order to correct a condition, [specific defects or hazards] defect, or hazard relating to the pressure retaining item, amusement ride, or elevator and kindred equipment, and continues to use or operate the [aforementioned apparatus] the pressure retaining item, amusement ride, or elevator and kindred equipment without abating the [hazards or defects;] condition, defect, or hazard identified in the order; or
96-
97- (iii) A user, owner, or contractor fails to pay any fee or fine required under this chapter or any rule adopted under this chapter.
98-
99- The order shall be rescinded when the department has determined that the owner, user, or contractor has complied with the order to correct the condition, defect, or hazard identified in the order and has paid all fees or fines imposed by the department;
87+ (B) The department may immediately revoke any ["]permit to operate["] of any [boiler, pressure system,] pressure retaining item, amusement ride, or elevator and kindred equipment found to be in an unsafe condition or where a user, owner, or contractor ignores prior department orders to correct specific defects or hazards and continues to use or operate the aforementioned apparatus without abating the hazards or defects[;]. The department may also revoke or suspend any permit to operate and issue an order prohibiting the use or operation of any pressure retaining item, amusement ride, or elevator and kindred equipment if the owner, user, or contractor of such equipment fails to pay any fee or fine required under this chapter or any rule adopted under this chapter. The order shall be rescinded when the department has determined the owner, user, or contractor has paid the fee or fine;
10088
10189 (C) The department [shall] may reissue a ["]permit to operate["] to any user, owner, or contractor who demonstrates that the user, owner, or contractor is proceeding in good faith to abate all nonconforming conditions mentioned in department orders and the [boilers, pressure systems,] pressure retaining items, amusement rides, and elevators and kindred equipment are safe to operate; and
10290
10391 (D) The department shall establish criteria for the periodic reinspection and renewal of the permits to operate, and may provide for the issuance of temporary permits to operate while any noncomplying [boiler, pressure system,] pressure retaining item, amusement ride, and elevator and kindred equipment are being brought into full compliance with the applicable standards and rules adopted pursuant to this chapter; provided that the period between an initial safety inspection or the inspection used as a basis for the issuance of a permit to operate, and any subsequent inspection of elevators and kindred equipment shall not exceed one year;
10492
10593 (7) No person shall operate a [boiler, pressure system,] pressure retaining item, amusement ride, or elevator and kindred equipment that [are] is required to be inspected by this chapter or by any rule adopted pursuant to this chapter, except as necessary to install, repair, or test, unless a permit to operate has been authorized or issued by the department and remains valid; and
10694
10795 (8) The department, upon the application of any owner, user, or other person affected thereby, may grant time that may reasonably be necessary for compliance with any order. Any person affected by an order may for cause petition the department for an extension of time."
10896
109- SECTION 4. Section 397-5, Hawaii Revised Statutes, is amended to read as follows:
97+ SECTION 3. Section 397-5, Hawaii Revised Statutes, is amended to read as follows:
11098
111- "§397-5 Fees. (a) The director [may] shall prescribe reasonable fees to be charged for inspection, examination, and other services rendered and for permits, certificates, or licenses, the issuance of which are required by this chapter or by any rules of the department adopted pursuant to this chapter[, and]. The fee schedule shall include fees for:
99+ "§397-5 Fees. (a) The director [may] shall prescribe reasonable fees to be charged for inspection, examination, other services rendered and for permits, certificates, or licenses, the issuance of which are required by this chapter or by any rules of the department adopted pursuant to this chapter, and for:
112100
113101 (1) Inspections by the department of any [boiler, pressure system,] pressure retaining item, amusement ride, and elevator and kindred equipment for which a permit or certificate is required for its installation, repair, alteration, operation, or use, and which is required to be inspected by this chapter or by any rules of the department; and
114102
115103 (2) Examination of any person applying for permits, certificates, or licenses as required by this chapter or by any rules of the department.
116104
117105 (b) All fees received by the department pursuant to this section shall be paid into the boiler and elevator revolving fund.
118106
119107 [(c) Effective July 1, 2012, the fees for inspections, permits, and examinations of boilers, pressure systems, elevators, kindred equipment, and amusement rides shall be as prescribed by the schedules in this section; provided that the director may adopt rules pursuant to chapter 91 to amend the fees specified in this section.
120108
121109 SCHEDULE A: Boiler and Pressure System Fees
122110
123111 Installation, Repair, and Alteration Permit Fees:
124112
125113 (1) Power boilers (shall pass a hydrostatic test unless indicated otherwise):
126114
127115 Miniature electric (no hydrostatic test
128116
129117 required) $190
130118
131119 Less than 500 square feet of heating
132120
133121 surface $250
134122
135123 Greater than or equal to 500 and less
136124
137125 than or equal to 3,000 square feet of
138126
139127 heating surface $400
140128
141129 Greater than 3,000 square feet of heating
142130
143131 surface $750
144132
145133 (2) Heating boiler $190
146134
147135 Retrofit $160
148136
149137 (3) Pressure vessel $175
150138
151139 Retrofit $130
152140
153141 (4) Sterilizers and steam kettles $150
154142
155143 Retrofit $110
156144
157145 (5) Repair application fee $200
158146
159147 (6) Alteration application fee $500
160148
161149 Examination and License Fees:
162150
163151 (1) Boiler inspectors certificate of competency
164152
165153 examination fee $300
166154
167155 (2) Review of shops and facilities for the
168156
169157 issuance of National Board or American
170158
171159 Society of Mechanical Engineers
172160
173161 certificate of authorization $1,500
174162
175163 (3) Review of shops and facilities for the
176164
177165 issuance of Non-Boiler External Piping
178166
179167 certificate of authorization $750
180168
181169 (4) Boiler inspector's Hawaii commission,
182170
183171 initial and renewal $75
184172
185173 Internal and External Inspection Fees:
186174
187175 (1) Power boilers:
188176
189177 Without manholes $150
190178
191179 With manholes but less than or equal to
192180
193181 3,000 square feet of heating surface $180
194182
195183 With manholes greater than 3,000 and less
196184
197185 than or equal to 10,000 square feet of
198186
199187 heating surface $260
200188
201189 With manholes and over 10,000 square
202190
203191 feet of heating surface $450
204192
205193 (2) Heating boilers:
206194
207195 Hot water supply $130
208196
209197 Steam and water heating without manholes $110
210198
211199 Steam, over 100 square feet but not over
212200
213201 500 square feet of heating surface $140
214202
215203 All with manholes and steam over 500
216204
217205 square feet of heating surface $170
218206
219207 (3) Pressure vessels:
220208
221209 Routine inspections $65
222210
223211 Internal for air or water service $130
224212
225213 Ultrasonic testing $130
226214
227215 (4) For all other types of inspections
228216
229217 an hourly fee is assessed $100
230218
231219 (1) Hydrostatic test $300
232220
233221 (2) School "specials" (non-code objects) $10
234222
235223 Reports and Permit Processing Fees:
236224
237225 (1) Report and permit $25
238226
239227 (2) Permit reprint $20
240228
241229 (3) Signed permit card (old issue) $10
242230
243231 (4) Owner portal $5
244232
245233 SCHEDULE B: Elevator and Kindred Equipment Fees
246234
247235 Installation and Alteration Permits:
248236
249237 (1) Alteration involving only the replacement of
250238
251239 up to two parts (such as a valve, a jack,
252240
253241 or a cylinder) $150
254242
255243 (2) Alteration involving only cosmetic changes
256244
257245 (such as car interior modernizations) $300
258246
259247 (3) Alterations of more than two parts, or
260248
261249 components, and/or subsystems:
262250
263251 1 3 floors $600
264252
265253 4 9 floors $650
266254
267255 10 19 floors $700
268256
269257 20 29 floors $750
270258
271259 30 39 floors $800
272260
273261 40 or more floors $900
274262
275263 (4) Where alterations to four or more units at
276264
277265 the same location are identical, the fee for
278266
279267 each additional alteration permit shall be
280268
281269 reduced by fifty per cent. The applications
282270
283271 must be submitted at the same time to qualify
284272
285273 for the fee reduction.
286274
287275 (5) Installation of new elevators (including material lifts) and kindred equipment:
288276
289277 Dumbwaiter $500
290278
291279 Escalator, moving walk, or moving ramp $500
292280
293281 Hand elevator or stage lift $500
294282
295283 Wheelchair or stairway lifts $500
296284
297285 Elevator, 1 - 3 floors $600
298286
299287 Elevator, 4 - 9 floors $650
300288
301289 Elevator, 10 - 19 floors $700
302290
303291 Elevator, 20 - 29 floors $750
304292
305293 Elevator, 30 39 floors $800
306294
307295 Elevator, 40 or more floors $900
308296
309297 Personnel hoists $250
310298
311299 Inclined tunnel lifts $500
312300
313301 (For elevators, such as observation or deep
314302
315303 well elevators, which have considerable rise
316304
317305 but few openings, each ten feet of vertical
318306
319307 rise shall be considered one floor for the
320308
321309 purpose of determining installation or
322310
323311 alteration permit fees.)
324312
325313 (6) Temporary use permits (construction car) $450
326314
327315 (7) For each valid alteration or installation
328316
329317 permit, the department shall provide one
330318
331319 inspection per unit.
332320
333321 (8) The fee for each additional inspection or
334322
335323 witnessing of tests, or both, shall be $300
336324
337325 per day for up to two hours and $600 per day
338326
339327 for more than two hours if during the normal
340328
341329 workday. Fees for overtime hours shall
342330
343331 be $600 per day for up to two hours and
344332
345333 $1,200 per day for more than two hours.
346334
347335 (9) Each installation or alteration permit
348336
349337 shall be valid for up to one year from date
350338
351339 of issuance.
352340
353341 Inspection Fees:
354342
355343 (1) Permit renewal inspection fees:
356344
357345 Dumbwaiter $140
358346
359347 Escalator, moving walk, or moving ramp $150
360348
361349 Hand elevator or stage lift $150
362350
363351 Wheelchair or stairway lifts $150
364352
365353 Hydraulic elevator - holed $150
366354
367355 Hydraulic elevator holeless $200
368356
369357 Traction elevator:
370358
371359 1 - 3 floor rise $225
372360
373361 4 - 9 floor rise $250
374362
375363 10 - 19 floor rise $275
376364
377365 20 - 29 floor rise $325
378366
379367 30 - 39 floor rise $400
380368
381369 40 or more floor rise $475
382370
383371 Personnel hoists $175
384372
385373 Inclined tunnel lifts $220
386374
387375 (2) Safety, load or internal test (witness fees):
388376
389377 3-year safety test $200
390378
391379 5-year safety test $300
392380
393381 Escalator internal $100
394382
395383 (3) Permit renewal and witness fees are per
396384
397385 inspection, which may constitute one day or
398386
399387 part of the day. If the inspector is required
400388
401389 to return on another day or at another time
402390
403391 on the same day, additional fees shall be
404392
405393 assessed at the rate of $300 per day for up
406394
407395 to two hours and $600 per day for more than
408396
409397 two hours. Fees for overtime hours shall be
410398
411399 $600 per day for up to two hours and $1,200
412400
413401 per day for more than two hours.
414402
415403 Schedule C: Amusement Ride Fees
416404
417405 Inspection Fees:
418406
419407 (1) Permit renewal inspection fees:
420408
421409 Amusement ride $100
422410
423411 (2) Permit renewal fees are per inspection,
424412
425413 which may constitute one day or part of the
426414
427415 day. If the inspector has to return on
428416
429417 another day or at another time within the
430418
431419 same day, additional fees shall be assessed
432420
433421 at the rate of $300 per day for up to two hours
434422
435423 and $600 per day for more than two hours. Fees
436424
437425 for overtime hours shall be $600 per day for up
438426
439427 to two hours and $1,200 per day for more than
440428
441429 two hours.]"
442430
443- SECTION 5. Section 397-6, Hawaii Revised Statutes, is amended to read as follows:
431+ SECTION 4. Section 397-6, Hawaii Revised Statutes, is amended to read as follows:
444432
445433 "§397-6 Safety inspection by qualified inspectors. (a) All safety inspections required under this chapter of [boilers and pressure systems] pressure retaining items shall be performed by deputy boiler inspectors in the employ of the department who are qualified boiler inspectors and, when authorized by the director, may be performed by special inspectors who are qualified boiler inspectors in the employ of insurance companies insuring boilers or pressure systems in this State.
446434
447435 (b) A qualified boiler inspector is a person eligible for or in possession of a valid commission issued by the National Board of Boiler and Pressure Vessel Inspectors, who has satisfied the requirements established by the department, and who has received from the director or the director's authorized agent briefings and instructions regarding the rules pertaining to boilers and pressure systems in this State.
448436
449437 (c) All safety inspections required under this chapter of elevators and kindred equipment, and amusement rides and the premises appurtenant thereto, shall be performed by deputy elevator inspectors of the department who are qualified elevator inspectors and who are employed primarily for purposes of elevator and related inspection work.
450438
451439 (d) A qualified elevator inspector is a person who meets the criteria of the American Society of Mechanical Engineers and the standards for the qualification of elevator inspectors of the American National Standards Institute and has satisfied requirements established by the department of labor and industrial relations."
452440
453- SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
441+ SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
454442
455- SECTION 7. This Act shall take effect upon its approval.
443+ SECTION 6. This Act shall take effect upon its approval.
456444
457- Report Title: Boiler and Elevator Safety Law; Permits to Operate Description: Authorizes the director of labor and industrial relations to prohibit the operation of pressure retaining items, amusement rides, and elevators and kindred equipment if inspection fees or fines are not paid timely. Deletes the boiler and elevator fee schedule. Defines "amusement ride", "permit to operation", and "pressure retaining item". Replaces "boiler, pressure items" with "pressure retaining items" throughout chapter 397, Hawaii Revised Statutes. (SD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
445+
446+
447+INTRODUCED BY: _____________________________
448+ BY REQUEST
449+
450+INTRODUCED BY:
451+
452+_____________________________
453+
454+
455+
456+
457+
458+BY REQUEST
459+
460+ Report Title: Boiler and Elevator Safety Law; Permits to Operate Description: Authorizes the Director of Labor and Industrial Relations to prohibit the operation of pressure retaining items, amusement rides, and elevators and kindred equipment if inspection fees or fines are not paid timely; deletes the boiler and elevator fee schedule; effective upon approval. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
458461
459462
460463
461464
462465
463466 Report Title:
464467
465468 Boiler and Elevator Safety Law; Permits to Operate
466469
467470
468471
469472 Description:
470473
471-Authorizes the director of labor and industrial relations to prohibit the operation of pressure retaining items, amusement rides, and elevators and kindred equipment if inspection fees or fines are not paid timely. Deletes the boiler and elevator fee schedule. Defines "amusement ride", "permit to operation", and "pressure retaining item". Replaces "boiler, pressure items" with "pressure retaining items" throughout chapter 397, Hawaii Revised Statutes. (SD1)
474+Authorizes the Director of Labor and Industrial Relations to prohibit the operation of pressure retaining items, amusement rides, and elevators and kindred equipment if inspection fees or fines are not paid timely; deletes the boiler and elevator fee schedule; effective upon approval.
472475
473476
474477
475478
476479
477480
478481
479482 The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.