HOUSE OF REPRESENTATIVES

H.B. NO.

1004

THIRTY-FIRST LEGISLATURE, 2021

H.D. 1

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. Section 397-3, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

""Amusement ride" means a mechanically or electrically operated device designed to carry passengers in various modes and used for entertainment and amusement.

"Permit to operate" means a certificate issued by the department that indicates that the pressure retaining item, amusement ride, or elevator and kindred equipment has met the required safety inspection and tests required by this chapter and rules adopted under this chapter, and that required fees have been paid as set forth in this chapter.

"Pressure retaining item" means a boiler, pressure

vessel, or pressure system."

SECTION 2. Section 397-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Administration.

(1) The department shall establish a boiler and elevator inspection branch for the enforcement of the rules adopted under this chapter and other duties as assigned;

(2) The department shall:

(A) Implement and enforce the requirements of this chapter; and

(B) Keep adequate and complete records of the type, size, location, identification data, and inspection findings for [boilers, pressure systems,] pressure retaining items, amusement rides, and elevators and kindred equipment required to be inspected pursuant to this chapter;

(3) The department shall formulate definitions and adopt and enforce standards and rules pursuant to chapter 91 that may be necessary for carrying out this chapter;

(4) Emergency temporary standards may be adopted without conforming to chapter 91 and without hearings to take immediate effect upon giving public notice of the emergency temporary standards or upon another date that may be specified in the notice. An emergency temporary standard may be adopted, if the director determines:

(A) That the public or individuals are exposed to grave danger from exposure to hazardous conditions or circumstances; and

(B) That the emergency temporary standard is necessary to protect the public or individuals from danger.

Emergency temporary standards shall be effective until superseded by a standard adopted under chapter 91, but shall not be effective longer than six months;

(5) Variances from standards adopted under this chapter may be granted upon application of an owner, user, contractor, or vendor. Application for variances shall correspond to procedures set forth in the rules adopted pursuant to this chapter. The director may issue an order for variance, if the director determines that the proponent of the variance has demonstrated that the conditions, practices, means, methods, operations, or processes used or proposed to be used will provide substantially equivalent safety as that provided by the standards;

(6) Permits.

(A) The department shall issue a ["permit to operate"] permit to operate regarding any [boiler, pressure system,] pressure retaining item, amusement ride, or elevator and kindred equipment if found to be safe in accordance with rules adopted pursuant to chapter 91[;] and all required fees have been paid;

(B) The department may immediately revoke any ["permit to operate"] permit to operate of any [boiler, pressure system,] pressure retaining item, amusement ride, or elevator and kindred equipment found to be in an unsafe condition or where a user, owner, or contractor ignores prior department orders to correct specific defects or hazards and continues to use or operate the aforementioned apparatus without abating the hazards or defects[;]. The department may also revoke or suspend any permit to operate and issue an order prohibiting the use or operation of any pressure retaining item, amusement ride, or elevator and kindred equipment if the owner, user, or contractor of such equipment fails to pay any fee or fine required under this chapter or any rule adopted pursuant to this chapter. The order shall be rescinded when the department has determined the owner, user, or contractor has paid the fee or fine;

(C) The department [shall] may reissue a ["permit to operate"] permit to operate to any user, owner, or contractor who demonstrates that the user, owner, or contractor is proceeding in good faith to abate all nonconforming conditions mentioned in department orders and the [boilers, pressure systems,] pressure retaining items, amusement rides, and elevators and kindred equipment are safe to operate; and

(D) The department shall establish criteria for the periodic reinspection and renewal of the permits to operate, and may provide for the issuance of temporary permits to operate while any noncomplying [boiler, pressure system,] pressure retaining item, amusement ride, and elevator and kindred equipment are being brought into full compliance with the applicable standards and rules adopted pursuant to this chapter; provided that the period between an initial safety inspection or the inspection used as a basis for the issuance of a permit to operate, and any subsequent inspection of elevators and kindred equipment shall not exceed one year;

(7) No person shall operate a [boiler, pressure system,] pressure retaining item, amusement ride, or elevator and kindred equipment that [are] is required to be inspected by this chapter or by any rule adopted pursuant to this chapter, except as necessary to install, repair, or test, unless a permit to operate has been authorized or issued by the department and remains valid; and

(8) The department, upon the application of any owner, user, or other person affected thereby, may grant time that may reasonably be necessary for compliance with any order. Any person affected by an order may for cause petition the department for an extension of time."

SECTION 3. Section 397-5, Hawaii Revised Statutes, is amended to read as follows:

"397-5 Fees. (a) The director [may] shall 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 rules of the department adopted pursuant to this chapter, and for:

(1) Inspections by the department of any [boiler, pressure system,] pressure retaining item, amusement ride, and elevator and kindred equipment for which a permit or certificate is required for its installation, repair, alteration, operation, or use, and which is required to be inspected by this chapter or by any rules of the department; and

(2) Examination of any person applying for permits, certificates, or licenses as required by this chapter or by any rules of the department.

(b) All fees received by the department pursuant to this section shall be paid into the boiler and elevator revolving fund.

[(c) Effective July 1, 2012, the fees for inspections, permits, and examinations of boilers, pressure systems, elevators, kindred equipment, and amusement rides shall be as prescribed by the schedules in this section; provided that the director may adopt rules pursuant to chapter 91 to amend the fees specified in this section.

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

required) $190

Less than 500 square feet of heating

surface $250

Greater than or equal to 500 and less

than or equal to 3,000 square feet of

heating surface $400

Greater than 3,000 square feet of heating

surface $750

(2) Heating boiler $190

Retrofit $160

(3) Pressure vessel $175

Retrofit $130

(4) Sterilizers and steam kettles $150

Retrofit $110

(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 American

Society of Mechanical Engineers

certificate of authorization $1,500

(3) Review of shops and facilities for the

issuance of Non-Boiler External Piping

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 less than or equal to

3,000 square feet of heating surface $180

With manholes greater than 3,000 and less

than or equal to 10,000 square feet of

heating surface $260

With manholes and over 10,000 square

feet of heating surface $450

(2) Heating boilers:

Hot water supply $130

Steam and water heating without manholes $110

Steam, over 100 square feet but not over

500 square feet of heating surface $140

All with manholes and steam over 500

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,

components, or subsystems:

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

must be submitted at the same time to qualify

for the fee reduction.

(5) Installation of new elevators (including material lifts) and kindred equipment:

Dumbwaiter $500

Escalator, moving walk, or moving ramp $500

Hand elevator 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

Personnel hoists $250

Inclined tunnel lifts $500

(For elevators, such as observation or deep

well elevators, which have considerable rise

but few openings, each ten feet of vertical

rise shall be considered one floor for the

purpose of 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 date

of issuance.

Inspection Fees:

(1) Permit renewal inspection fees:

Dumbwaiter $140

Escalator, moving walk, or moving ramp $150

Hand elevator or stage lift $150

Wheelchair or stairway lifts $150

Hydraulic elevator - holed $150

Hydraulic elevator holeless $200

Traction elevator:

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

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 is required

to return on another day or at another time

on 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

Inspection 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 4. Section 397-6, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) All safety inspections required under this chapter of [boilers and pressure systems] pressure retaining items shall be performed by deputy boiler inspectors in the employ of the department who are qualified boiler inspectors and, when authorized by the director, may be performed by special inspectors who are qualified boiler inspectors in the employ of insurance companies insuring boilers or pressure systems in this State."

2. By amending subsection (c) to read:

"(c) All safety inspections required under this chapter of elevators and kindred equipment, and amusement rides and the premises appurtenant thereto, shall be performed by deputy elevator inspectors of the department who are qualified elevator inspectors and who are employed primarily for purposes of elevator and related inspection work."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on January 1, 2050.



 

Report Title:

Boiler and Elevator Safety Law; Permits to Operate; Fee Schedule; Fines; Payment

 

Description:

Authorizes the director of labor and industrial relations to prohibit the operation of pressure retaining items, amusement rides, and elevators and kindred equipment if inspection fees or fines are not timely paid. Deletes the statutory boiler and elevator fee schedule and requires the director to establish the fees by rule. Effective 1/1/2050. (HD1)

 

 

 

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