2556
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO SAFETY INSPECTION FREQUENCIES FOR REGULATED
   EQUIPMENT.



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

 1      SECTION 1.  Section 397-4, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  Administration.
 
 4      (1)  The department shall establish a boiler and elevator
 
 5           inspection branch for the enforcement of the rules
 
 6           adopted under this chapter and other duties as
 
 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
 

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21           superseded by a standard adopted under chapter 91, but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

 
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 1           months;
 
 2      (5)  Variances from standards adopted under this chapter may
 
 3           be granted upon application of an owner, user,
 
 4           contractor, or vendor.  Application for variances must
 
 5           correspond to procedures set forth in the rules adopted
 
 6           pursuant to this chapter.  The director may issue an
 
 7           order for variance, if the director determines that the
 
 8           proponent of the variance has demonstrated that the
 
 9           conditions, practices, means, methods, operations, or
 
10           processes used or proposed to be used will provide
 
11           substantially equivalent safety as that provided by the
 
12           standards;
 
13      (6)  Permits.
 
14           (A)  The department shall issue a "permit to operate"
 
15                regarding any boiler, pressure system, amusement
 
16                ride, or elevator and kindred equipment if found
 
17                to be safe in accordance with rules adopted
 
18                pursuant to chapter 91;
 
19           (B)  The department may immediately revoke any "permit
 
20                to operate" of any boiler, pressure system,
 
21                amusement ride, or elevator and kindred equipment
 
22                found to be in an unsafe condition or where a
 

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

 
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 1                the period between an initial safety inspection of
 
 2                a boiler, pressure system, amusement ride, or
 
 3                elevator and kindred equipment, or the inspection
 
 4                used as the basis for the issuance of a permit to
 
 5                operate, and any subsequent inspection, shall not
 
 6                exceed seven months nor be less than five months;]
 
 7      (7)  No boiler, pressure system, amusement ride, or elevator
 
 8           and kindred equipment which are required to be
 
 9           inspected by this chapter or by any rule adopted
 
10           pursuant to this chapter shall be operated, except as
 
11           necessary to install, repair, or test, unless a permit
 
12           to operate has been authorized or issued by this
 
13           department and remains valid; and
 
14      (8)  The department, upon the application of any owner or
 
15           user or other person affected thereby, may grant time
 
16           that may reasonably be necessary for compliance with
 
17           any order.  Any person affected by an order may for
 
18           cause petition the department for an extension of
 
19           time."
 
20      SECTION 2.  Statutory material to be repealed is bracketed.
 
21      SECTION 3.  This Act shall take effect upon its approval. 
 
22 
 
23                           INTRODUCED BY:  _______________________
 

 
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