Bill Text: HI HB1004 | 2021 | Regular Session | Amended
Bill Title: Relating To The Boiler And Elevator Safety Law.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2021-07-07 - Act 200, on 07/06/2021 (Gov. Msg. No. 1328). [HB1004 Detail]
Download: Hawaii-2021-HB1004-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1004 |
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THIRTY-FIRST LEGISLATURE, 2021 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO THE BOILER AND ELEVATOR SAFETY LAW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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:
"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"] 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"] 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 may 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 or has paid all fees or fines imposed by the
department;
(C) The department [shall]
may reissue a ["permit to operate"] 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] By rules adopted pursuant to chapter
91, 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
(5) Hydrostatic
test $300
(6) 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,
components, 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] pressure retaining
items 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] pressure retaining items
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. Section 397-10, Hawaii Revised Statutes, is amended to read as follows:
"[[]§397-10[]] Judicial review. Except where an order has already become
final for failure to contest, the decision and order of the appeals board shall
be final and conclusive, unless the director or any party to the proceedings
before the appeals board obtains a review thereof in the manner provided in
chapter 91 by instituting proceedings in the circuit court of the circuit in
which the [boiler, pressure system,] pressure retaining item,
amusement ride, or elevator and kindred equipment is situated or such practice,
means, method, operation, or process is employed. The hearing on review shall be on the record
and the department shall be deemed a party to any such proceedings. The court shall give precedence to such
proceedings over all other civil cases."
SECTION
7. Statutory material to be repealed is
bracketed and stricken. New statutory
material is underscored.
SECTION 8. This Act shall take effect upon its approval.
Report Title:
DLIR; Boiler and Elevator Safety Law; Permits to Operate; Fee Schedule; Fines; Payment
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 timely paid. Deletes the statutory boiler and elevator fee schedule and requires the director to establish the fees by rules adopted pursuant to chapter 91, Hawaii Revised Statutes. Defines "amusement ride", "permit to operate", and "pressure retaining item". Replaces "boiler, pressure systems" with "pressure retaining items" throughout chapter 397, Hawaii Revised Statutes. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
