Bill Text: HI HB1246 | 2012 | Regular Session | Introduced
Bill Title: Zip Lines; Liability Insurance
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [HB1246 Detail]
Download: Hawaii-2012-HB1246-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1246 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to zip lines.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 397-3, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Amusement ride" includes but is not limited to a zip line."
SECTION 2. Section 397-4, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(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, size, location, identification data, and inspection findings for boilers, pressure systems, amusement rides, and elevators and kindred equipment required to be inspected pursuant to this chapter;
(3) The department shall formulate definitions and adopt and enforce standards and rules pursuant to chapter 91 that may be necessary for carrying out this chapter. Definitions and rules adopted in accordance with chapter 91 under the authority of chapter 396, prior to the adoption of this chapter that pertain to boilers, pressure systems, amusement rides, and elevators and kindred equipment required to be inspected pursuant to this chapter, shall be continued in force under the authority of this chapter;
(4) Emergency temporary standards may be adopted without conforming to chapter 91 and without hearings to take immediate effect upon giving public notice of the emergency temporary standards or upon another date that may be specified in the notice. An emergency temporary standard may be adopted, if the director determines:
(A) That the public or individuals are exposed to grave danger from exposure to hazardous conditions or circumstances; and
(B) That the emergency temporary standard is necessary to protect the public or individuals from danger.
Emergency temporary standards shall be effective until superseded by a standard adopted under chapter 91, but in any case shall be effective no longer than six months;
(5) Variances from standards adopted under this chapter may be granted upon application of an owner, user, contractor, or vendor. Application for variances shall correspond to procedures set forth in the rules adopted pursuant to this chapter. The director may issue an order for variance, if the director determines that the proponent of the variance has demonstrated that the conditions, practices, means, methods, operations, or processes used or proposed to be used will provide substantially equivalent safety as that provided by the standards;
(6) Permits.
(A) The department shall issue a "permit to operate" regarding any boiler, pressure system, amusement ride, or elevator and kindred equipment if found to be safe in accordance with rules adopted pursuant to chapter 91;
(B) The department may immediately revoke any "permit to operate" of any boiler, pressure system, amusement ride, or elevator and kindred equipment found to be in an unsafe condition or where a user, owner, or contractor ignores prior department orders to correct specific defects or hazards and continues to use or operate the above mentioned apparatus without abating the hazards or defects;
(C) The department shall reissue a "permit to operate" to any user, owner, or contractor who demonstrates that the user, owner, or contractor is proceeding in good faith to abate all nonconforming conditions mentioned in department orders and the boilers, pressure systems, amusement rides, and elevators and kindred equipment are safe to operate; and
(D) The department shall establish criteria for the periodic reinspection and renewal of the permits to operate, and may provide for the issuance of temporary permits to operate while any noncomplying boiler, pressure system, amusement ride, and elevator and kindred equipment are being brought into full compliance with the applicable standards and rules adopted pursuant to this chapter; provided that the period between an initial safety inspection or the inspection used as a basis for the issuance of a permit to operate, and any subsequent inspection of elevators and kindred equipment shall not exceed one year;
(7) No boiler, pressure system, amusement ride, or
elevator and kindred equipment which are required to be inspected by this
chapter or by any rule adopted pursuant to this chapter shall be operated,
except as necessary to install, repair, or test, unless a permit to operate has
been authorized or issued by the department and remains valid; [and]
(8) The department, upon the application of any owner
or user or other person affected thereby, may grant time that may reasonably be
necessary for compliance with any order. Any person affected by an order may
for cause petition the department for an extension of time[.]; and
(9) No permit to operate a zip line shall be issued to any user, owner, or contractor unless the user, owner, or contractor submits proof to the department, in a form satisfactory to the department, that the operation of the zip line is covered under a policy of liability insurance, issued by an insurer authorized to do business in the State, for no less than the policy amount that is necessary to cover the scope of operations of the zip line for the entire period to be covered under the permit.
(b) Inspection and investigation.
(1) Authorized representatives of the director shall have the right to enter without delay during regular working hours and at other reasonable times any place, establishment or premises in which are located boilers, pressure systems, amusement rides, and elevators and kindred equipment requiring inspection pursuant to this chapter.
(2) The department shall inspect for the purpose of insuring compliance with the purposes and provisions of this chapter any activity related to the erection, construction, alteration, demolition or maintenance of buildings, structures, bridges, highways, roadways, dams, tunnels, sewers, underground buildings or structures, underground pipelines or ducts, and other construction projects or facilities.
(3) The department shall review plans and make inspections, and investigations of boilers, and pressure systems, and the premises appurtenant to each at times and at intervals determined by the director for the purpose of insuring compliance with the purpose and provisions of this chapter. This section shall not apply to single family dwellings or multiple dwelling units of less than six living units.
(4) The department shall review plans and make inspections, and investigations of elevators and kindred equipment and the premises appurtenant to each at times and at intervals determined by the director for the purpose of insuring compliance with the purposes and provisions of this chapter. This section shall not apply to single family dwellings.
(5) The department shall inspect, at least semi-annually, all mechanically or electrically operated devices considered as major rides and used as amusement rides at a carnival, circus, fair, or amusement park for the purpose of protecting the safety of the general public. This section shall also apply to zip lines. This section shall not apply to any coin operated ride or mechanically or electrically operated devices considered or known in the amusement trade as kiddie rides.
(6) The department may investigate accidents involving boilers, pressure systems, amusement rides, and elevators and kindred equipment inspected under this chapter and may issue orders and recommendations with respect to the elimination and control of the cause factors.
(7) The department shall have the right to question any employer, owner, operator, agent or employee in investigation, enforcement, and inspection activities covered by this chapter.
(8) Any employee of the State acting within the scope of the employee's office, employment, or authority under this chapter shall not be liable in or made a party to any civil action growing out of the administration and enforcement of this chapter."
SECTION 3. Section 397-8, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Any owner, user, contractor, or vendor who violates this chapter, or any safety standard promulgated hereunder or any rule issued under the authority of this chapter, or who violates or fails to comply with any order made under or by virtue of this chapter or under or by virtue of any rule of the department, or who defaces, displaces, destroys, damages, or removes without the authority of the department any safety device, safeguard, notice, order, or warning required by this chapter or by any rule of the department, or who fails to carry at all times the requisite liability insurance to cover the entire period of time granted under a permit to operate a zip line, shall be assessed a civil penalty of not more than $10,000 for each such violation."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Zip Lines; Liability Insurance
Description:
Expands the boiler and elevator safety law with respect to amusement rides to cover zip lines. Requires operators of zip lines to carry liability insurance.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
