REPORT TITLE:


DESCRIPTION:


 
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THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   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
 
19           that may be necessary for carrying out this chapter.
 

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20           superseded by a standard adopted under chapter 91, but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

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

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

 
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 1                subsequent inspection, shall not exceed seven
 
 2                months nor be less than five months;
 
 3     [(7)  Certificates of inspection shall be issued for
 
 4           amusement rides after each inspection, if the rides are
 
 5           found to be safe for use;]
 
 6     [(8)] (7)  No boiler, pressure system, amusement ride, or
 
 7           elevator and kindred equipment which are required to be
 
 8           inspected by this chapter or by any rule adopted
 
 9           pursuant to this chapter shall be operated, except as
 
10           necessary to install, repair, or test, unless a permit
 
11           to operate [or certificate of inspection] has been
 
12           authorized or issued by this department and remains
 
13           valid; and
 
14     [(9)] (8)  The department, upon the application of any owner
 
15           or user or other person affected thereby, may grant
 
16           time that may reasonably be necessary for compliance
 
17           with any order.  Any person affected by an order may
 
18           for cause petition the department for an extension of
 
19           time."
 
20      SECTION 2.  Section 397-8, Hawaii Revised Statutes, is
 
21 amended by amending subsection (b) to read as follows:
 
22      "(b)  Any owner, user, contractor, or vendor who violates
 
23 this chapter or any safety standard promulgated hereunder or any
 

 
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 1 rule or regulation issued under the authority of this chapter, or
 
 2 who violates or fails to comply with any order made under or by
 
 3 virtue of this chapter or under or by virtue of any rule or
 
 4 regulation of the department, or who defaces, displaces,
 
 5 destroys, damages, or removes without the authority of the
 
 6 department any safety device, safeguard, notice, order, or
 
 7 warning required by this chapter or by any rule or regulation of
 
 8 the department shall be assessed a civil penalty of not more than
 
 9 [$1,000] $10,000 for each such violation."
 
10      SECTION 3.  Act 142, Session Laws of Hawaii 1998, is amended
 
11 by amending section 9 to read as follows:
 
12      "SECTION 9.  This Act shall take effect upon its approval
 
13 and shall be repealed on July 31, 2003, except that section 3 of
 
14 this Act shall not be repealed; provided that sections 36-27 and
 
15 397-5(b), Hawaii Revised Statutes, shall be reenacted in the form
 
16 in which they read on the day before the approval of this Act[.];
 
17 and provided further that the amendments made to section 36-27,
 
18 Hawaii Revised Statutes, by this Act shall not be repealed when
 
19 that section is reenacted pursuant to section 13 of Act 216,
 
20 Session Laws of Hawaii 1997."
 
21      SECTION 4.  Statutory material to be repealed is bracketed.
 
22 New statutory material is underscored.
 
23      SECTION 5.  This Act shall take effect upon its approval. 
 

 
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 1 
 
 2                           INTRODUCED BY:  _______________________
 

 
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