HB2575 HD2.DOC

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:

(1) [~~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 such time as the director amends such 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

required) $190

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

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 ASME certificates of

authorization $1,500

(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:

Dumbwaiter $500

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.

Inspection Fees:

(1) Permit renewal inspection fees:

Dumbwaiter $140

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

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

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

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 Statutory material to be repealed is bracketed and stricken.

SECTION 9. This Act shall take effect on March 3, 2033.

HOUSE OF REPRESENTATIVES	H.B. NO.	2575
TWENTY-SIXTH LEGISLATURE, 2012		H.D. 2
STATE OF HAWAII