Elevator et. al; Safety

Raises the fine for safety violations to $10,000 relative to
elevator, boiler, and amusement ride operations.  (SD2)

THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                      A  BILL  FOR  AN  ACT



   1       SECTION 1.  Section 397-4, Hawaii Revised Statutes, is
   2  amended by amending subsection (a) read as follows:
   3       "(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 temporary standard is necessary
  18                 to 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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                                        S.B. NO.           S.D. 2

   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 rides, 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, amusement ride, or
  22                 elevator and kindred equipment, or the inspection
  23                 used as the basis for the issuance of a permit to

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   1                 operate, and any subsequent inspection, shall not
   2                 exceed seven 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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                                        S.B. NO.           S.D. 2

   1  rule [or regulation] issued under the authority of this chapter,
   2  or who violates or fails to comply with any order made under or
   3  by 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]
   8  of the department shall be assessed a civil penalty of not more
   9  than [$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 Act 142, Session Laws of Hawaii 1998,
  19  shall not be repealed when section 36-27, Hawaii Revised
  20  Statutes, is reenacted pursuant to section 13 of Act 216, Session
  21  Laws of Hawaii 1997."
  22       SECTION 4.  Statutory material to be repealed is bracketed.
  23  New statutory material is underscored.
  24       SECTION 5.  This Act shall take effect upon its approval.