397-1 Short title.

§397-1 Short title. This chapter shall be known as the “Boiler and Elevator Safety Law”. [L 1980, c 19, pt of §1]

397-10 Judicial review.

§397-10 Judicial review. Except where an order has already become final for failure to contest, the decision and order of the appeals board shall be final and conclusive, unless the director or any party to the proceedings before the appeals board obtains a review thereof in the manner provided in chapter 91 by instituting proceedings […]

397-11 Trade secrets.

§397-11 Trade secrets. Information obtained by the department containing or revealing a trade secret shall be held confidential and access shall be limited to authorized representatives of the director concerned with carrying out this chapter or when relevant in any proceeding under this chapter. In such proceeding the director, the appeals board, or the court […]

397-12 Evidence.

§397-12 Evidence. No record or determination of any administrative proceeding under this chapter or any statement or report of any kind obtained, received, or prepared in connection with the administration or enforcement of this chapter shall be admitted or used, whether as evidence or as discovery, in any civil action growing out of any matter […]

397-13 Boiler and elevator revolving fund; establishment; purpose.

§397-13 Boiler and elevator revolving fund; establishment; purpose. (a) There is established in the state treasury the boiler and elevator revolving fund, into which shall be deposited all fees collected pursuant to section 397-5 and any appropriation from the legislature. All interest and investment moneys earned on any moneys in the revolving fund shall become […]

397-2 Findings and purpose.

§397-2 Findings and purpose. The legislature finds that the Hawaii occupational safety and health law does not adequately provide for the safe operation and use of pressure retaining items, amusement rides, and elevators and kindred equipment. The purpose of this law is to assure the safe operation and use of such apparatus in Hawaii. [L […]

397-3 Definitions.

§397-3 Definitions. As used in this chapter: “Amusement ride” means a mechanically or electrically operated device designed to carry passengers in various modes and used for entertainment and amusement. “Appeals board” means the labor and industrial relations appeals board established by section 371-4. “Boiler” means a closed vessel in which water or other liquid is […]

397-4 Powers and duties.

§397-4 Powers and duties. (a) Administration. (1) The department shall establish a boiler and elevator inspection branch for the enforcement of the rules adopted under this chapter and other duties as assigned; (2) The department shall: (A) Implement and enforce the requirements of this chapter; and (B) Keep adequate and complete records of the type, […]

397-5 Fees.

§397-5 Fees. (a) By rules adopted pursuant to chapter 91, the director shall prescribe reasonable fees to be charged for inspection, examination, and other services rendered, and for permits, certificates, or licenses, the issuance of which are required by this chapter or by any rules of the department adopted pursuant to this chapter. The fee […]

397-5.5 REPEALED.

§397-5.5 REPEALED. L 2003, c 178, §10.

397-6 Safety inspection by qualified inspectors.

§397-6 Safety inspection by qualified inspectors. (a) All safety inspections required under this chapter of pressure retaining items 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 […]

397-7 Complaints to the department.

§397-7 Complaints to the department. (a) Complaints may be made to the department and where reasonable grounds exist for the department to believe there may be a hazard, there shall be an inspection in response to the complaint. (b) Names of all complainants and witnesses shall be held in confidence by the department unless prior […]

397-8 Violations and penalties.

§397-8 Violations and penalties. (a) The director shall have authority to assess all civil penalties provided in this section, giving due consideration to the appropriateness of the penalty with respect to the gravity of the violation, the good faith of the owner, user, contractor, or vendor and the history of previous violations. (b) Any owner, […]

397-9 Review and appeal.

§397-9 Review and appeal. Any order of the director shall be final and conclusive against the owner, user, vendor, or contractor unless the owner, user, vendor, or contractor files with the director a written notice of contest of the order, the abatement period stated in the order, or the penalty stated in the order within […]