TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII
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. Chapter 397, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§397- Boiler and elevator special fund; establishment; purposes; annual report. (a) There is established in the state treasury a boiler and elevator special fund into which shall be deposited all fees collected pursuant to section 397-5 and any interest and investment moneys earned on any moneys in the fund.
(b) Moneys in the special fund shall be used for operating costs to carry out the purposes of this chapter. Funds may be used for:
(1) Personnel and operating expenses;
(2) Staff training and staff certification fees and expenses;
(3) Preparation and dissemination of public information on the safe installation and use of equipment regulated by this chapter; and
(4) Preparation of annual reports to the legislature as required by this chapter.
(c) The director shall submit an annual report to the legislature on the status of the fund, including expenditures and program results, no later than twenty days prior to the convening of each regular session."
SECTION 2. Section 397-5, Hawaii Revised Statutes, is amended to read as follows:
"§397-5 Fees. (a) The director may prescribe reasonable fees to be charged for inspection, examination, other services rendered and for permits, certificates, or licenses, the issuance of which are required by this chapter or by any rule or regulation of the department adopted or promulgated pursuant to this chapter, and for:
Inspection] Inspections by the
department of any boiler, pressure system, amusement ride, and elevator and
kindred equipment for which a permit or certificate is required for its
installation, operation, or use, and which is required to be
inspected by this chapter or by any rule or regulation of the department; and
(2) Examination of any person applying for permits, certificates, or licenses as required by this chapter or by any rule or regulation of the department.
(b) All fees received by the department
pursuant to this section shall be paid into the general fund of the State.]
(b) Effective July 1, 2012, the fees for inspections, permits, and examinations of boilers and pressure systems, amusement rides, and elevators and kindred equipment shall be as prescribed by the schedules in this section until the director amends the fees by rulemaking in accordance with chapter 91.
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
Less than five hundred square feet
of heating surface $250
Greater than or equal to five hundred
and less than or equal to three thousand
square feet of heating surface $400
Greater than three thousand square feet
of heating surface $750
(2) Heating boiler $190
(3) Pressure vessel $175
(4) Sterilizers and steam kettles $150
(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 ASME certificates of
(3) Review of shops and facilities for the issuance
of Non-Boiler External Piping (NBEP) 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 not over three thousand
square feet of heating surface $180
With manholes between three thousand and
ten thousand square feet of heating surface $260
With manholes and over ten thousand square
feet of heating surface $450
(2) Heating boilers:
Hot water supply $130
Steam and water heating without manholes $110
Steam, over one hundred but not over
five hundred square feet of heating surface $140
All with manholes and steam over
five hundred 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, or
components or subsystems or both:
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 shall be submitted at the same time to qualify for the fee reduction.
(5) Installation of new elevators (including material lifts) and kindred equipment:
Escalator, moving walk, or moving ramp $500
Hand elevator, manlift, 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
Aerial tramways $900
Personnel hoists $250
Inclined tunnel lifts $500
For elevators, such as observation or deep well elevators, that have considerable rise but few openings, each ten feet of vertical rise shall be considered one floor in 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 the date of issuance.
(1) Permit renewal inspection fees:
Escalator, moving walk or moving ramp $150
Hand elevator, manlift, or stage lift $150
Wheelchair or stairway lifts $150
Hydraulic elevator – holed $150
Hydraulic elevator – holeless $200
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
Aerial tramways $400
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 must 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.
SCHEDULE C: Amusement Ride 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 3. Section 397-8, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) Civil penalties owed under this
chapter shall be paid [
to the department] into the general fund of
the State and may be recovered in a civil action in the name of the
department and the State brought in the district or circuit court for the
circuit where the violation is alleged to have occurred or where the owner,
user, contractor, or vendor has the owner's, user's, contractor's, or
vendor's principal office."
SECTION 4. The director of labor and industrial relations may establish ten additional permanent positions in the boiler and elevator inspection branch, subject to chapters 76 and 89, Hawaii Revised Statutes, to carry out the purposes of chapter 397, Hawaii Revised Statutes. The positions may include a branch manager, up to the equivalent of six full-time elevator inspectors, one boiler inspector, and two office assistants.
SECTION 5. The department of labor and industrial relations shall submit an annual report to the legislature on the status of the elevator and boiler inspection backlog, including the number of inspections completed for the year and the effect the increase in fees and establishment of the boiler and elevator special fund have had on the elevator and boiler inspection backlog, no later than twenty days prior to the convening of each regular session, commencing with the regular session of 2013.
SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $1,000,000 or so much thereof as may be necessary for fiscal year 2012-2013 for start up funds to be deposited to the credit of the boiler and elevator special fund; provided that the $1,000,000 in general revenues shall be paid back and deposited into the general fund by the department of labor and industrial relations within five years of the effective date of this Act.
SECTION 7. There is appropriated out of the boiler and elevator special fund the sum of $2,900,000 or so much thereof as may be necessary for fiscal year 2012-2013 to be used for the purposes of this Act.
The sum appropriated shall be expended by the department of labor and industrial relations for the purposes of 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; provided that sections 2, 6, and 7 of this Act shall take effect on July 1, 2012.
Boiler and Elevator Safety Law; Special Fund; Appropriation
Establishes the Boiler and Elevator Special Fund for the purpose of collecting and depositing fees charged for permits, inspections, and certificates of boilers, pressure systems, elevators, and kindred equipment, and amusement rides to provide sufficient operating funds for the Boiler and Elevator Inspection Branch. Requires repayment of the start-up general revenues deposited into the special fund within five years. Effective upon approval except for fees and appropriations which are effective on July 1, 2012. (SB2220 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.