REPORT TITLE:
Boiler & Elevator Fund


DESCRIPTION:
Includes amusement rides under the the Boiler & Elevator
Revolving Fund (Fund).  Raises the civil penalty to $10,000 for
each violation.  Makes technical amendments to the Boiler &
Elevator Revolving Fund for clarification. (HB1162 HD1)


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1162
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO SAFETY. 



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 397-4, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]§397-4[]]  Powers and duties.(a)  Administration.
 
 4      (1)  The department shall establish a boiler and elevator
 
 5           inspection [bureau] branch for the enforcement of the
 
 6           rules adopted under this chapter and other duties
 
 7           assigned;
 
 8      (2)  The department shall:
 
 9           (A)  Implement and enforce the requirements of this
 
10                chapter; and
 
11           (B)  Keep adequate and complete records of the type,
 
12                size, location, identification data, and
 
13                inspection findings for boilers, pressure systems,
 
14                amusement rides, and elevators and kindred
 
15                equipment required to be inspected pursuant to
 
16                this chapter;
 
17      (3)  The department shall formulate definitions and adopt
 
18           and enforce standards and rules pursuant to chapter 91
 

 
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 1           that may be necessary for carrying out this chapter.
 
 2           Definitions and rules adopted in accordance with
 
 3           chapter 91 under the authority of chapter 396, prior to
 
 4           the adoption of this chapter that pertain to boilers,
 
 5           pressure systems, amusement rides, and elevators and
 
 6           kindred equipment required to be inspected pursuant to
 
 7           this chapter, shall be continued in force under the
 
 8           authority of this chapter;
 
 9      (4)  Emergency temporary standards may be adopted without
 
10           conforming to chapter 91 and without hearings to take
 
11           immediate effect upon giving public notice of the
 
12           emergency temporary standards or upon another date that
 
13           may be specified in the notice.  An emergency temporary
 
14           standard may be adopted, if the director determines:
 
15           (A)  That the public or individuals are exposed to
 
16                grave danger from exposure to hazardous conditions
 
17                or circumstances; and
 
18           (B)  That the emergency standard is necessary to
 
19                protect the public or individuals from danger.
 
20           Emergency temporary standards shall be effective until
 
21           superseded by a standard adopted under chapter 91, but
 
22           in any case shall be effective no longer than six
 
23           months;
 

 
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 1      (5)  Variances from standards adopted under this chapter may
 
 2           be granted upon application of an owner, user,
 
 3           contractor, or vendor.  Application for variances must
 
 4           correspond to procedures set forth in the rules adopted
 
 5           pursuant to this chapter.  The director may issue an
 
 6           order for variance, if the director determines that the
 
 7           proponent of the variance has demonstrated that the
 
 8           conditions, practices, means, methods, operations, or
 
 9           processes used or proposed to be used will provide
 
10           substantially equivalent safety as that provided by the
 
11           standards;
 
12      (6)  Permits.
 
13           (A)  The department shall [not] issue a "permit to
 
14                operate" regarding any boiler, pressure system,
 
15                amusement ride, or elevator and kindred equipment
 
16                if found to be safe in accordance with rules
 
17                adopted pursuant to chapter 91;
 
18           (B)  The department may immediately revoke any "permit
 
19                to operate" of any boiler, pressure system,
 
20                amusement ride, or elevator and kindred equipment
 
21                found to be in an unsafe condition or where a
 
22                user, owner, or contractor ignores prior
 

 
 
 
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 1                department orders to correct specific defects or
 
 2                hazards and continues to use or operate the above
 
 3                mentioned apparatus without abating the hazards or
 
 4                defects;
 
 5           (C)  The department shall reissue a "permit to operate"
 
 6                to any user, owner, or contractor who demonstrates
 
 7                that the user, owner, or contractor is proceeding
 
 8                in good faith to abate all nonconforming
 
 9                conditions mentioned in department orders and the
 
10                boilers, pressure systems, amusement ride, and
 
11                elevators and kindred equipment are safe to
 
12                operate; and
 
13           (D)  The department shall establish criteria for the
 
14                periodic reinspection and renewal of the permits
 
15                to operate, and may provide for the issuance of
 
16                temporary permits to operate while any
 
17                noncomplying boiler, pressure system, amusement
 
18                ride, and elevator and kindred equipment are being
 
19                brought into full compliance with the applicable
 
20                standards and rules adopted pursuant to this
 
21                chapter; provided that effective July 1, 2000, the
 
22                period between an initial safety inspection of a
 

 
 
 
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 1                boiler, pressure system, or elevator and kindred
 
 2                equipment, or the inspection used as the basis for
 
 3                the issuance of a permit to operate, and any
 
 4                subsequent inspection, shall not exceed seven
 
 5                months nor be less than five months;
 
 6     [(7)  Certificates of inspection shall be issued for
 
 7           amusement rides after each inspection, if the rides are
 
 8           found to be safe for use;]
 
 9     [(8)] (7)  No boiler, pressure system, amusement ride, or
 
10           elevator and kindred equipment which are required to be
 
11           inspected by this chapter or by any rule adopted
 
12           pursuant to this chapter shall be operated, except as
 
13           necessary to install, repair, or test, unless a permit
 
14           to operate [or certificate of inspection] has been
 
15           authorized or issued by this department and remains
 
16           valid; and
 
17     [(9)] (8)  The department, upon the application of any owner
 
18           or user or other person affected thereby, may grant
 
19           time that may reasonably be necessary for compliance
 
20           with any order.  Any person affected by an order may
 
21           for cause petition the department for an extension of
 
22           time."
 

 
 
 
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 1      SECTION 2.  Section 397-8, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (b) to read as follows:
 
 3      "(b)  Any owner, user, contractor, or vendor who violates
 
 4 this chapter or any safety standard promulgated hereunder or any
 
 5 rule or regulation issued under the authority of this chapter, or
 
 6 who violates or fails to comply with any order made under or by
 
 7 virtue of this chapter or under or by virtue of any rule or
 
 8 regulation of the department, or who defaces, displaces,
 
 9 destroys, damages, or removes without the authority of the
 
10 department any safety device, safeguard, notice, order, or
 
11 warning required by this chapter or by any rule or regulation of
 
12 the department shall be assessed a civil penalty of not more than
 
13 [$1,000] $10,000 for each such violation."
 
14      SECTION 3.  Act 216, Session Laws of Hawaii 1997, is amended
 
15 by amending section 13 to read as follows:
 
16      "SECTION 13.  This Act shall take effect on July 1, 1997,
 
17 and shall be repealed on June 30, 2000; provided that any
 
18 statutory or session law material in this Act in existence on
 
19 June 30, 1997, shall be reenacted on July 1, 2000, in the same
 
20 form in which it existed on June 30, 1997[.]; and provided
 
21 further that the amendments made to section 36-27, Hawaii Revised
 
22 Statutes, by Act 142, Session Laws of Hawaii 1998, shall be
 
23 retained."
 

 
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 1      SECTION 4.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 5.  This Act shall take effect upon its approval.