Elevator et al; Safety

Raises the fine for safety violations to $10,000 relative to
elevator, boiler, and amusement ride operations. (SD1)

THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 397-4, Hawaii Revised Statutes, is
 2 amended by amending subsection (a) 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.

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 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 standard is necessary to
18                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

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 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 [not] issue a "permit to
13                operate" regarding any boiler, pressure system,
14                amusement ride, or elevator and kindred equipment
15                if found to be safe in accordance with rules
16                adopted 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

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 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 ride, 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, the
20                period between an initial safety inspection of a
21                boiler, pressure system, or elevator and kindred
22                equipment, or the inspection used as the basis for
23                the issuance of a permit to operate, and any

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                                     S.B. NO.           S.D. 1

 1                subsequent inspection, shall not exceed seven
 2                months nor be less than five months;
 3     [(7)  Certificates of inspection shall be issued for
 4           amusement rides after each inspection, if the rides are
 5           found to be safe for use;
 6      (8)] (7)  No boiler, pressure system, amusement ride, or
 7           elevator and kindred equipment which are required to be
 8           inspected by this chapter or by any rule adopted
 9           pursuant to this chapter shall be operated, except as
10           necessary to install, repair, or test, unless a permit
11           to operate [or certificate of inspection] has been
12           authorized or issued by this department and remains
13           valid; and
14     [(9)] (8)  The department, upon the application of any owner
15           or user or other person affected thereby, may grant
16           time that may reasonably be necessary for compliance
17           with any order.  Any person affected by an order may
18           for cause petition the department for an extension of
19           time."
20      SECTION 2.  Section 397-8, Hawaii Revised Statutes, is
21 amended by amending subsection (b) to read as follows:
22      "(b)  Any owner, user, contractor, or vendor who violates
23 this chapter, or any safety standard promulgated hereunder or any

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                                     S.B. NO.           S.D. 1

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