Notice of Proposed Rulemaking
Notice is hereby given of proposed rulemaking and public hearing by the Department of Labor and Industrial Relations, Hawaii Occupational Safety and Health Division (HIOSH), to Title 12, Subtitle 8, Part 11 of the Hawaii Administrative Rules (HAR), pursuant to the Hawaii Occupational Safety and Health Law, Section 397-4 of the Hawaii Revised Statutes (HRS), and the Hawaii Administrative Procedure Act, Chapter 91, HRS.
The proposed amendments are essentially housekeeping to either match current custom and practice or conform the rules to the statute as well as a modest increase in fees to reflect the increased costs associated with collective bargaining, fringe rate, and increases in the costs of goods and services as reflected in the Consumer Price Index.
Specifically, the public hearing will consider amendments to HAR Chapter 12-229, General, Administrative, and Legal Provisions, HAR Chapter 12-230.1, Elevators, Escalators, Dumbwaiters, Moving Walks, and Material Lifts and Dumbwaiters With Automatic Transfer Devices, and HAR Chapter 12-240, Elevator Requirements for Individuals with Disabilities.
The proposed amendments are as follows:
1. HAR §12-229-2 – amends the definition of “kindred equipment” to include inclined lifts and stage lifts to conform to Act 186 (Session Laws of Hawaii, 2018);
2. HAR §12-229-4.1(b) – increases certain fees and updates Exhibit A, titled “Elevator and Kindred Equipment Installation and Alteration Fees,” from January 1, 2017 to January 1, 2019, and Exhibit B, titled “Elevator and Kindred Equipment Inspection Fees,” from January 1, 2017 to January 1, 2019;
3. HAR §12-229-6.1 – increases certain fees and updates Exhibit A, titled “Elevator and Kindred Equipment Installation and Alteration Fees,” from January 1, 2017 to January 1, 2019, and Exhibit B, titled “Elevator and Kindred Equipment Inspection Fees,” from January 1, 2017 to January 1, 2019;
4. HAR §12-229-7.1 – requires the category 3 test for holed and holeless hydraulic elevator systems. In the event that a hydraulic elevator is permanently removed from service/operation, it also requires hydraulic elevators and kindred equipment be lowered to the bottom of the hoistway, oil line disconnected with partial or total oil supply line removal, and oil removed from the tank reservoir;
5. HAR §12-230.1-3 – clarifies that all lamps utilized for illumination in machine room/space, control room/space, hoistway and pit, shall be externally guarded to prevent accidental breakage. It also clarifies that the firefighter’s lockbox be immediately adjacent to the firefighter’s emergency recall key switch, at an approximate height of six (6) feet above the floor. Access to the firefighter’s lockbox shall only be the standardized key (#25460) for Hawaii;
6. HAR §12-240-3 – Adds some flexibility in the height of call buttons in elevator lobbies and halls from 42 inches to approximately 42 inches or, in conjunction with ICC A117.1-2009, hall buttons maybe be mounted between fifteen (15) inches and forty-eight (48) inches for unobstructed forward reach, and between twenty-five (25) inches and forty-eight (48) inches for obstructed forward reach.
7. HAR §12-240-6 – incorporates Figure 240-1, titled “Hoistway and Elevator Entrances,” as part of the chapter and located at the end of the chapter;
8. HAR §12-240-7 – incorporates Figure 240-2, titled “Graph of Timing Equation,” as part of the chapter and located at the end of the chapter;
9. HAR §12-240-9 – incorporates Figure 240-3, titled “Minimum Dimensions of Elevator Cars,” as part of the chapter and located at the end of the chapter;
10. HAR §12-240-12 – incorporates Figure 240-4(a) and Figure 240-4(b), titled “Car Controls,” as part of the chapter and located at the end of the chapter; and
11. HAR § 12-229-2, HAR §12-229-3.1, HAR §12-229-4.1, HAR §12-229-6.1, HAR §12-229-7.1, HAR §12-229-8.1, HAR §12-229-12.1, HAR §12-229- 16.1, HAR §12-229-17, HAR §12-230.1-3, HAR §12-230.1-4, HAR §12- 240-2 through HAR §12-240-9, and HAR §12-240-11 through HAR §12- 240-14 – makes technical, non-substantive amendments for clarity and consistency.
A copy of the proposed rule changes will be made available for public viewing from the first working day that the legal notice appears in the Honolulu Star-Advertiser, Hawaii Tribune Herald, West Hawaii Today, The Maui News, and The Garden Island, through the day the public hearing is held, from Monday – Friday, between the hours of 2:00 p.m. and 4:00 p.m., at the following location: 830 Punchbowl Street, Room 423, Honolulu, Hawaii 96813.
Interested persons may request a copy of the proposed rules from HIOSH by written request mailed to 830 Punchbowl Street, Room 423, Honolulu, Hawaii 96813, by electronic mail at firstname.lastname@example.org, or by telephone at (808) 586-9141. A copy of the proposed rules will be mailed to any interested person who requests a copy and pays ten cents per page plus postage. The proposed rules may be viewed at our website at http://labor.hawaii.gov/hiosh/proposed-rules/.
Interested persons may present at the public hearing any written or oral data, views, arguments, comments, and objections concerning the proposals on:
November 26, 2018
830 Punchbowl Street, Room 427
Honolulu, Hawaii 96813
The public hearing will be continued, if necessary, to a time, date, and place announced at the scheduled hearing.
Interested persons may submit written data, views, arguments, comments, and objections concerning the proposals to HIOSH, 830 Punchbowl Street, Room 423, Honolulu, Hawaii 96813, or by electronic mail at email@example.com. All submissions for the record must be received at or prior to the scheduled public hearing.
Auxiliary aids and services are available upon request. Call HIOSH at (808) 586-9141 (voice) or dial 711 and then ask for (808) 586-9141. A request for reasonable accommodations should be made no later than ten (10) working days prior to the needed accommodations.
Department of Labor and
Equal Opportunity Employer/Program
Auxiliary aids and services are available upon request to individuals with disabilities.
TDD/TTY Dial 711 then ask for (808) 586-8866