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HOUSE OF REPRESENTATIVES

H.B. NO.

673

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO BOILER AND ELEVATOR INSPECTORS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 397-6, Hawaii Revised Statutes, is amended to read as follows:

"§397-6 Safety inspection by qualified inspectors. (a) All safety inspections required under this chapter of boilers and pressure systems shall be performed by deputy boiler inspectors in the employ of the department who are qualified boiler inspectors and, when authorized by the director, may be performed by special inspectors who are qualified boiler inspectors [in the employ of insurance companies insuring boilers or pressure systems in this State].

(b) A qualified boiler inspector is a person eligible for or in possession of a valid commission issued by the National Board of Boiler and Pressure Vessel Inspectors and who has [received from the director or the director's authorized agent briefings and instructions regarding] demonstrated the ability to apply the rules and regulations pertaining to boilers and pressure systems in this State.

(c) All safety inspections required under this chapter of elevators and kindred equipment shall be performed by deputy elevator inspectors of the department who are qualified elevator inspectors and [who are employed primarily for purposes of elevator and related inspection work.], when authorized by the director, may be performed by private sector inspectors who are qualified elevator inspectors.

(1) Re-inspections for permit renewals may be performed by private sector qualified elevator inspectors authorized by the director. All re-inspections shall be in accordance with the American Society of Mechanical Engineers safety code for elevators and escalators. All other inspections, testing, and investigations shall be conducted by the deputy elevator inspectors of the department.

(2) Reporting protocols for re-inspections by private sector inspectors.

(A) A report on the results of the re-inspection shall be submitted to the director and the owner of the equipment no later than ten calendar days after the date the inspection is completed. If a renewal permit is issued, it shall be sent to the owner of the equipment together with the report. The information in the report and on the permit shall contain the same information as a report and permit issued by the department; and

(B) In cases of imminent danger, the private sector inspector shall immediately notify the designated responsible party at the building and shall have the authority to remove the elevator or kindred equipment from service. The department shall also be notified of the danger.

(d) A qualified elevator inspector is a person who meets the criteria of the American Society of Mechanical Engineers and the standards for the qualification of elevator inspectors of the American National Standards Institute and has satisfied requirements established by the department [of labor and industrial relations].

(1) The inspector shall be a qualified elevator inspector with a current certification card by the National Association of Elevator Safety Authorities, International;

(2) The inspector shall be certified by an organization accredited by the American Society of Mechanical Engineers Qualifications for Elevator Inspectors committee in accordance with the requirements set forth in the Standard for the Qualification of Elevator Inspectors, American Society of Mechanical Engineers Qualifications for Elevator Inspectors 1.

(3) The inspector shall not inspect within thirteen months any elevator or kindred equipment for which the inspector had either performed or supervised the maintenance or installation; and

(4) The inspector shall have satisfied requirements established by the department by rule.

(e) Qualifications of private sector inspectors and companies employing inspectors.

(1) The individual inspector or company or corporate unit shall demonstrate independence from supervision and control by any company or corporate unit that performs installation, repair, maintenance, and servicing of elevators and kindred equipment;

(2) The individual inspector or company shall be sufficiently insured, including workers' compensation, automobile liability, and general liability insurance. The minimum general liability insurance coverage shall be in the amount of $10,000,000 aggregate. In addition, the individual inspector or company shall carry professional liability insurance in the amount of $1,000,000 with a minimum coverage of $1,000,000 single limit and aggregate insurance coverage; and

(3) The individual inspector or company shall demonstrate to the director that an effective safety and health program, for both workers and the public, is in effect and is updated when necessary to maintain effectiveness; and

(4) Each individual inspector or company shall make, keep and preserve, and make available to the department such records regarding the inspection activities relating to this chapter as the department may prescribe by rule as necessary or appropriate for the enforcement of this chapter or for developing information regarding the causes and prevention of accidents, injuries, and illness."

SECTION 2. Statutory material to be repealed is bracketed. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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