HOUSE OF REPRESENTATIVES

H.B. NO.

1979

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO ELEVATORS.

 

 

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

 


     SECTION 1.  The legislature finds that elevator inspections and code compliance are important to public safety.

     The purpose of this Act is to strengthen enforcement by allowing required inspections and certified compliance by third party licensed inspectors.

     SECTION 2.  Chapter 397, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

     "§397-A  Third party elevator inspectors.  (a)  The department shall authorize private third party elevator inspectors to perform elevator safety inspections required under this chapter.  Any private third party elevator inspector authorized to perform elevator safety inspections shall be held to the highest standards of professionalism, quality, and ethics and shall meet the requirements provided under section 397-6(d).

     (b)  A private third party elevator inspector may charge a reasonable fee for the inspection, examination, and other services rendered relating to the elevator safety requirements established under this chapter and any rule adopted pursuant to chapter 91 to implement this chapter; provided that any revenue realized from the collection of any fee charged and collected for a permit, certificate, or license required by section 397-5 shall be remitted by the private third party elevator inspector to the director for deposit into the elevator inspection audit special fund under section 397-B.

     §397-B  Elevator inspection audit special fund.  (a)  There is established in the state treasury the elevator inspection audit special fund to be administered by the department, into which shall be deposited:

     (1)  Any fees collected for a permit, certificate, or license required by section 397-5; and

     (2)  Appropriations made by the legislature to the fund.

All interest earned or accrued on moneys deposited in the fund shall become part of the fund.

     (b)  Moneys in the elevator inspection audit special fund shall be used to conduct audits of private third party elevator inspections, including hiring deputy elevator inspectors."

     SECTION 3.  Section 397-4, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Inspection and investigation.

     (1)  Authorized representatives of the director and private third party elevator inspectors shall have the right to enter without delay during regular working hours and at other reasonable times any place, establishment, or premises in which are located boilers, pressure systems, amusement rides, and elevators and kindred equipment requiring inspection pursuant to this chapter.

     (2)  The department shall inspect for the purpose of [insuring] ensuring compliance with the purposes and provisions of this chapter any activity related to the erection, construction, alteration, demolition, or maintenance of buildings, structures, bridges, highways, roadways, dams, tunnels, sewers, underground buildings or structures, underground pipelines or ducts, and other construction projects or facilities.

     (3)  The department shall review plans and make inspections[,] and investigations of boilers[,] and pressure systems, and the premises appurtenant to each, at times and at intervals determined by the director for the purpose of [insuring] ensuring compliance with the purpose and provisions of this chapter.  This section shall not apply to single family dwellings or multiple dwelling units of less than six living units.

     (4)  [The department] Private third party elevator inspectors shall review plans and make inspections[, and investigations of] of, and the department shall conduct audit inspections of, elevators and kindred equipment and the premises appurtenant to each, at times and at intervals determined by the director for the purpose of [insuring] ensuring compliance with the purposes and provisions of this chapter[.]; provided that with regard to the audit inspection duties of the department required under this paragraph, the department shall annually audit at least ten per cent of the total amount of elevators inspected by private third party elevator inspectors.  This section shall not apply to single family dwellings.

     (5)  The department shall inspect, at least semi-annually, all mechanically or electrically operated devices considered as major rides and used as amusement rides at a carnival, circus, fair, or amusement park for the purpose of protecting the safety of the general public.  This section shall not apply to any coin operated ride or mechanically or electrically operated devices considered or known in the amusement trade as kiddie rides.

     (6)  The department may investigate accidents involving boilers, pressure systems, amusement rides, and elevators and kindred equipment inspected under this chapter and may issue orders and recommendations with respect to the elimination and control of the cause factors.

     (7)  The department shall have the right to question any employer, owner, operator, agent, or employee in investigation, enforcement, and inspection activities covered by this chapter.

     (8)  Any employee of the State acting within the scope of the employee's office, employment, or authority under this chapter shall not be liable in or made a party to any civil action growing out of the administration and enforcement of this chapter."

     SECTION 4.  Section 397-5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  All fees received by the department pursuant to this section, except for fees received pursuant to section 397-A(b), shall be paid into the general fund of the State."

     SECTION 5.  Section 397-6, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  All safety inspections required under this chapter of elevators and kindred equipment shall be performed by [deputy elevator inspectors of the department] authorized private third party elevator inspectors who are qualified elevator inspectors and who are employed primarily for purposes of elevator and related inspection work.  Deputy elevator inspectors of the department shall audit authorized private third party elevator inspectors."

     SECTION 6.  There is appropriated out of the general revenues of the State of Hawaii the sum of $          or so much thereof as may be necessary for fiscal year 2012-2013, to be paid into the elevator inspection audit special fund created in section 397-B, Hawaii Revised Statutes.

     The sum appropriated shall be expended by the department of labor and industrial relations for the purposes of the fund.

     SECTION 7.  In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Elevators; Inspections; Third Party; Special Fund

 

Description:

Authorizes private third parties subject to certain conditions to conduct elevator inspections.  Changes the duties of deputy elevator inspectors from safety inspections to audits of third party inspectors.  Establishes elevator inspection audit special fund to cover costs of audits.  Makes an appropriation.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.