Boiler & Elevator Fund

Clarifies that amusement rides are under the scope of the Boiler
& Elevator Revolving Safety Law.  Raises the civil penalty to
$10,000 for each violation.  Makes technical amendments to the
Boiler & Elevator Revolving Fund.  (SB1150 HD1)

THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 1999                                H.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 [bureau] branch for the enforcement of the
 6           rules adopted under this chapter and other duties
 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.
20           Definitions and rules adopted in accordance with

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

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19           superseded by a standard adopted under chapter 91, but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

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

 1           contractor, or vendor.  Application for variances
 2           [must] shall correspond to procedures set forth in the
 3           rules adopted pursuant to this chapter.  The director
 4           may issue an order for variance, if the director
 5           determines that the proponent of the variance has
 6           demonstrated that the conditions, practices, means,
 7           methods, operations, or processes used or proposed to
 8           be used will provide substantially equivalent safety as
 9           that provided by the standards;
10      (6)  Permits.
11           (A)  The department shall [not] issue a "permit to
12                operate" regarding any boiler, pressure system,
13                amusement ride, or elevator and kindred equipment
14                if found to be safe in accordance with rules
15                adopted pursuant to chapter 91;
16           (B)  The department may immediately revoke any "permit
17                to operate" of any boiler, pressure system,
18                amusement ride, or elevator and kindred equipment
19                found to be in an unsafe condition or where a
20                user, owner, or contractor ignores prior
21                department orders to correct specific defects or
22                hazards and continues to use or operate the [above
23                mentioned] abovementioned apparatus without
24                abating the hazards or defects;

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

 1           (C)  The department shall reissue a "permit to operate"
 2                to any user, owner, or contractor who demonstrates
 3                that the user, owner, or contractor is proceeding
 4                in good faith to abate all nonconforming
 5                conditions mentioned in department orders and the
 6                boilers, pressure systems, amusement rides, and
 7                elevators and kindred equipment are safe to
 8                operate; and
 9           (D)  The department shall establish criteria for the
10                periodic reinspection and renewal of the permits
11                to operate, and may provide for the issuance of
12                temporary permits to operate while any
13                noncomplying boiler, pressure system, amusement
14                ride, and elevator and kindred equipment are being
15                brought into full compliance with the applicable
16                standards and rules adopted pursuant to this
17                chapter; provided that effective July 1, 2000, the
18                period between an initial safety inspection of a
19                boiler, pressure system, amusement ride, or
20                elevator and kindred equipment, or the inspection
21                used as the basis for the issuance of a permit to
22                operate, and any subsequent inspection, shall not
23                exceed seven months nor be less than five months;

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

 1     [(7)  Certificates of inspection shall be issued for
 2           amusement rides after each inspection, if the rides are
 3           found to be safe for use;]
 4     [(8)] (7)  No boiler, pressure system, amusement ride, or
 5           elevator and kindred equipment [which] that are
 6           required to be inspected by this chapter or by any rule
 7           adopted pursuant to this chapter shall be operated,
 8           except as necessary to install, repair, or test, unless
 9           a permit to operate [or certificate of inspection] has
10           been authorized or issued by [this] the department and
11           remains valid; and
12     [(9)] (8)  The department, upon the application of any owner
13           or user or other person affected thereby, may grant
14           time that may reasonably be necessary for compliance
15           with any order.  Any person affected by an order may
16           [for cause] petition the, for cause department for an
17           extension of time."
18      SECTION 2.  Section 397-8, Hawaii Revised Statutes, is
19 amended by amending subsection (b) to read as follows:
20      "(b)  Any owner, user, contractor, or vendor who [violates]:
21      (1)  Violates this chapter[,] or any safety standard
22           [promulgated hereunder] or [any] rule [or regulation
23           issued] adopted under the authority of this chapter[,
24           or who violates];

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

 1      (2)  Violates or fails to comply with any order made under
 2           or by virtue of this chapter or under or by virtue of
 3           any rule [or regulation] of the department[, or who
 4           defaces,]; or
 5      (3)  Defaces, displaces, destroys, damages, or removes
 6           without the authority of the department any safety
 7           device, safeguard, notice, order, or warning required
 8           by this chapter or by any rule [or regulation] of the
 9           department,
10 shall be assessed a civil penalty of not more than [$1,000]
11 $10,000 for each such violation."
12      SECTION 3.  Act 142, Session Laws of Hawaii 1998, is amended
13 by amending section 9 to read as follows:
14      "SECTION 9.  This Act shall take effect upon its approval
15 and shall be repealed on July 31, 2003, except that section 3 of
16 this Act shall not be repealed; provided that sections 36-27 and
17 397-5(b), Hawaii Revised Statutes, shall be reenacted in the form
18 in which they read on the day before the approval of this Act[.];
19 and provided further that the amendments made to section 36-27,
20 Hawaii Revised Statutes, by Act 142, Session Laws of Hawaii 1998,
21 shall not be repealed when section 36-27, Hawaii Revised
22 Statutes, is reenacted pursuant to section 13 of Act 216, Session
23 Laws of Hawaii 1997.

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

 1      SECTION 4.  Statutory material to be repealed is bracketed.
 2 New statutory material is underscored.
 3      SECTION 5.  This Act shall take effect on September 15,
 4 2001.