HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 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. 
23                           INTRODUCED BY:  _______________________

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