Safety Inspection Frequencies

Allows the Department of Labor and Industrial Relations to
determine the period between safety inspections for regulated
equipment. (SD1)

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                S.D. 1
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
19           that may be necessary for carrying out this chapter.

Page 2                                                     2556
                                     H.B. NO.           H.D. 1
                                                        S.D. 1

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20           superseded by a standard adopted under chapter 91, but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

Page 3                                                     2556
                                     H.B. NO.           H.D. 1
                                                        S.D. 1

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

Page 4                                                     2556
                                     H.B. NO.           H.D. 1
                                                        S.D. 1

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

Page 5                                                     2556
                                     H.B. NO.           H.D. 1
                                                        S.D. 1

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