LEGAL NOTICE
Notice of Proposed Rulemaking
Public Hearing

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 10 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 public hearing will consider the amendment and compilation of chapter 12-220, the repeal of chapters 12-221, 12-222, 12-223, 12-224, and 12-225; and adoption of new chapters 12-221.1, 12-222.1, 12-223.1, 12-224.1, and 12-225.1.
The proposed amendments are as follows:
1. Chapter 12-220, “General, Administrative, and Legal Provisions,” is being amended to conform the chapter to updated national consensus standards, including the American Society of Mechanical Engineers (ASME) Power Piping Code (ASME B31.1-2016), the ASME Boiler and Pressure Vessel Code (ASME BPVC-2017), ASME Controls and Safety Devices for Automatically Fired Boilers (ASME CSD-1-2012), ASME Safety Standards for Pressure Vessels for Human Occupancy (ASME PVHO-1-2012), and ASME Safety Standard for Pressure Vessels for Human Occupancy (ASME PVHO-2-2012); the following National Board of Boiler and Pressure Vessel Inspectors codes: National Board Inspection Code (NBIC 2017), National Board Rules for Commissioned Inspectors (NB-263, RCI- 1), National Board Accreditation of Authorized Inspection Agencies (AIA) Performing Inservice Inspection Activities (NB-369), National Board Accreditation of Owner-User Inspection Organizations (OUIO) (NB-371), and National Board Quality Program for Inspection Organizations (NB-381); and the following National Fire Protection Association (NFPA) codes: National Fire Protection Association Standard for the Installation of Oil-Burning Equipment (NFPA 31), National Fire Protection Association/American National Standards Institute (ANSI) National Fire Protection Association National Fuel Gas Code (NFPA 54, ANSI Z223.1), National Fire Protection Association National Electrical Code (NFPA 70), and National Fire Protection Association Boiler and Combustion Systems Hazards Code (NFPA 85).
The proposed amendments reorder chapter 12-220 so related subject matter is in the same area and provides more detailed instructions regarding the procedures used by the department. New sections include §12-220-1.1, “Codes incorporated and adopted by reference,” and §12-220-9.1, “Design, construction, fabrication, installation, repair, or alteration of boiler external and non-boiler external piping.” Significantly amended sections include §12-220-28, “Suspending operations; condemned pressure retaining items,” that incorporates some of the contents of the deleted §12-220-29, “Condemned boilers and pressure vessels,” into §12-220- 28 and §12-220-33.1, “Variances,” is amended to match the variance procedures of the Elevator Section.
Major revisions to §12-220-1 include:
a. “Accident” definition added to clarify that the term refers to an event resulting in personal injury or non-routine property damage.
b. “AIA” definition of Authorized Inspection Agency changed to conform to section 397-6, HRS, by specifying the requirements for insurance agencies and their inspectors to conduct investigations.
c. “Alteration” definition revised to match the definition in NBIC 2017.
d. “ASME”, “ASME B31.1”, “ASME BPVC”, “ASME CSD-1” and “ASME PHVO-1” reordered pursuant to the Hawaii Administrative Rules Drafting Manual.
e. “ASME PHVO-2” definition added to provide in-service guidelines for inspection of pressure vessels for human occupancy.
f. “Boiler” definition revised in accordance with ASME BPVC 2017, NBIC 2017, and the Hawaii Administrative Rules Drafting Manual.
g. “Boiler External Piping or BEP” definition added to specify the jurisdictional limits for piping in accordance with ASME B31.1- 2016.
h. “Chief Boiler Inspection” defined to conform with the National Board bylaws & constitution, which is required of the jurisdiction to maintain National Board membership.
i. “Discrepancy” definition revised to eliminate the knowledge requirement.
j. “Hydrostatic test” definition added in conformity with ASME BPVC-2017 and NBIC 2017.
k. “Inspector” definition refined in keeping with HRS sections 397-6 and NB-263-RCI-1.
l. “NB-263, RCI-1”, “NB-369”, “NB-371”, and “NB-381” definitions added for clarity and in accordance with National Board accreditation & commissioning requirements.
m. “NBEP” definition amended to clarify the scope of work permitted and the certification process.
n. “NFPA-31”, “NFPA-54, ANSI Z223.1”, “NFPA-58”, “NFPA-70”, and “NFPA-85” definitions added to clarify applicable NFPA requirements.
o. “Non-code water heater” definition added to clarify what is a non-code water heater.
p. “Nuclear power plant” and “Nuclear power system” definitions deleted as Hawaii’s constitution does not permit nuclear energy facilities.
q. “Pressure retaining item” definition added in conformity with NBIC 2017.
r. “PSI” definition added for clarity.
s. “Water heater” redefined as part of “heating boilers” in compliance with NBIC 2017 and ASME CSD-1-2012.
2. §12-220-1.1, “Codes incorporated and adopted by reference,” adopts and incorporates the following by reference:
a. ASME B31.1-2016, Power Piping Code.
b. ASME BPVC-2017, Boiler and Pressure Vessel Code.
c. ASME CSD-1-2012, Controls and Safety Devices for Automatically Fired Boilers.
d. ASME PVHO 1-2012, Safety Standards for Pressure Vessels for Human Occupancy.
e. ASME PVHO 2-2012, Safety Standard for Pressure Vessels for Human Occupancy: In-Service Guidelines.
f. NBIC 2017 edition, National Board Inspection Code.
g. NFPA 70, National Electrical Code, 2002 edition.
h. NFPA 85, National Fire Protection Association Boiler and Combustion Systems Hazards Code, 2015 edition.
3. §12-220-2, “Minimum construction standards,” is modified for housekeeping purposes and to align with ASME BPVC-2017 and NBIC 2017.
4. §12-220-3, “Restamping boilers and pressure vessels,” is repealed and incorporated with modifications into §12-220-10.1, “Re- stamping or replacement of nameplate of pressure retaining items,” to organize the chapter by subject matter and in compliance with the guidelines of NBIC 2017.
5. §12-220-2.1, “Requirements for new installations,” is based upon repealed §12-220-11, “Requirements for new installations,” to organize the chapter by subject matter, and to clarify what pressure retaining items are exempted by these rules. In addition, housekeeping amendments are made in conformity with ASME BPVC-2017 and NBIC 2017.
6. §12-220-5, “Installation of used pressure retaining items,” is revised in accordance with NBIC 2017.
7. §12-220-6, “Reinstalled pressure retaining items,” is revised to clarify the procedure of reinstalling pressure retaining items.
8. §12-220-8, “Repairs and alterations,” is repealed and added in part with revisions to §12-220-8.1, “Repairs and alterations.”
9. §12-220-8.1, “Repairs and alterations” is renumbered from §12-220-8 and revised to provide more detailed instructions for repairs and alterations in accordance with NBIC 2017.
10. §12-220-9, “Riveted patches,” is repealed because NBIC 2017 prohibits riveted patches.
11. §12-220-9.1, “Design, construction, fabrication, installation, repair, or alteration of boiler external and non-boiler external piping,” is added to address piping in accordance with NBIC, Part 3, and ASME B31.1 whenever applicable.
12. §12-220-10, “Safety appliances,” is amended because NBIC 2017 provides technical requirements for the repair of safety valves and the certification of qualified repair companies. The new chapters §12-221.1, “Existing Pressure Retaining Items,” §12-221.2.1, “Power Boilers,” §12-221.3, “Heating Boilers – Steam Heating Boilers, Hot-Water Heating Boilers, Hot-Water Supply Boilers, and Potable Water Heaters,” §12-221.4, “Pressure Vessels,” and §12-225.1, “Pressure Systems,” contain many of the technical requirements or cites the code where the requirements are available.
13. §12-220-10.1, “Re-stamping or replacement of nameplate of pressure retaining items,” is based upon repealed §12-220-3, "Restamping boilers and pressure vessels,” to organize the chapter by subject matter and in line with the guidelines of NBIC 2017.
14. §12-220-11, “Requirements for new installations,” is repealed and its contents are incorporated with amendments to §12-220-2.1, “Requirements for new installations,” to provide more specific requirements, including those pressure retaining items exempted from the rules.
15. §12-220-12, “Care of pressure retaining item spaces,” is amended to provide more specific conditions regarding the proper care of pressure retaining item spaces.
16. §12-220-13, “Conditions not treated in this part,” is revised to incorporate housekeeping changes, including references to the codes adopted and incorporated by reference in §12-220-1.1 as well as clarifying that API-510 refers to the American Petroleum Institute Pressure Vessel Inspection Code: In-service Inspection, Rating, Repair, and Alteration.
17. §12-220-15, “Permits,” is revised to specify the procedures for acquiring permits for the installation, repair, and operation of pressure retaining items, including the responsibilities of the installing contractor.
18. §12-220-16, “Inspections and tests,” is revised to incorporate housekeeping changes pursuant to NBIC 2017, Part 2, In-Service Inspection Requirements, and clarifies the frequency of permit renewal inspections and required testing and examinations.
19. §12-220-18, “Inspectors,” is amended to conform to the revised definition of inspector in accordance with NB-263, RCI-1 and chapter 397, HRS.
20. §12-220-19, “Owner-user inspection organization,” is amended to incorporate housekeeping changes to reflect the latest requirements of the National Board accreditation process.
21. §12-220-20, “Fees,” is amended to provide housekeeping changes and the change in fees as reflected in Exhibits A & B.
22. §12-220-27, “Reporting of accidents,” amends the requirements to be consistent with the Occupational Safety and Health Administration and HIOSH requirements.
23. §12-220-28, “Suspending operation; condemned pressure retaining items,” is amended to clarify procedures for suspending operation of pressure retaining items as well as incorporating the substantive contents of repealed §12-220-29, “Condemned boilers and pressure vessels,” to simplify the chapter.
24. §12-220-29, “Condemned boilers and pressure vessels,” is repealed and its substantive contents are incorporated into §12-220-28, “Suspending operation; condemned pressure retaining items.”
25. §12-220-30, “Reinstallation of pressure retaining items,” is amended and its contents are incorporated into the new chapter 12-220- 29.1, and clarifies the responsibilities of owners and users for reinstalled pressure retaining items.
26. §12-220-31, “Application of State serial numbers,” is repealed and its contents into a new chapter 12-220-30.1. It clarifies the applicable code as ASME BPVC-2017 as well as provides more detailed instructions for the procedure of applying for a State serial number.
27. §12-220-32, “Notification of transfer and location,” is repealed and its substantive contents are incorporated into a new chapter 12- 220-31.1. It updates cross references, provides an electronic means of notice, and provides other housekeeping amendments.
28. §12-220-33, “Records,” is repealed and its contents are incorporated into a new chapter 12-220-32.1, “Records,” with housekeeping changes.
29. §12-220-34, “Variances,” is repealed and some of its contents are incorporated into a new chapter 12-220-33.1, “Variances.” Substantive changes are introduced to conform with the variance procedures found in the Elevator Section variance procedures, §12- 229-16.1 of the HAR.
30. §12-220, "General, Administrative, and Legal Provisions," Exhibits A & B are revised to reflect fee increases, segregation of permit renewal inspection fees from licensure and examination fees, and adds registration fees.
31. Chapters 12-221, “Existing and New Boiler and Pressure Vessels,” 12-222, “Power boilers,” 12-223, “Heating boilers,” 12-224, “Pressure vessels,” and 12-225 are repealed and the contents are incorporated and further refined in §12-221.1 through §12-225.1. Major revisions contained in the new chapters include:
a. §12-221.1, “Existing Pressure Retaining Items,” incorporates some of the contents of repealed chapter 12-221, “Existing and New Boiler and Pressure Vessels,” pertaining to existing objects, requires in-service inspections in accordance with NBIC, Part 2, and incorporates provisions in NB-27, “A Guide to Blowoff Vessels,” as requirements for boiler blowoff equipment.
b. §12-222.1, “Power Boilers,” incorporates some of the contents of repealed chapter 12-222, “Power Boilers,” and integrates technical requirements for the installation and inspection of power boilers. In addition, it specifies general requirements for power boilers, the responsibilities of owners and users, technical installation requirements, boiler external piping and non-boiler external piping requirements, electric and miniature boiler standards, boiler room & space standards, operating area requirements, controls and heating generating apparatus standards, and emergency valves and controls requirements. All these specifications are in accordance with NBIC 2017, ASME BPVC-2017, and ASME CSD-1-2012, which are proposed for adoption in this part.
c. §12-223.1, “Heating Boilers – Steam Heating Boilers, Hot Water Hearing Boilers, Hot Water Supply Boilers, and Potable Water Heaters,” incorporates some of the provisions found in repealed chapter 12-223, “Heating Boilers,” with modifications and additions in accordance with NBIC 2017 and ASME BPVC-2017. The title change reflects the type of heating boilers that are covered by the new chapter. The changes in the new chapter are intended to emphasize specific technical requirements for the safe installation, operation, repair, alteration, and maintenance of heating boilers. The amendments also provide clarity for owners, installers, contracting repair companies, and manufacturing firms in order to comply with the requirements of NBIC 2017, ASME BPVC-2017, and ASME CSD-1-2012, which are proposed for adoption in this part.
d. §12-224.1, “Pressure Vessels,” incorporates some of the provisions of the repealed chapter 12-224, “Pressure Vessels,” with modifications and additions in accordance with NBIC 2017 and ASME BPVC-2017, which are proposed for adoption in this part.
e. §12-225.1, “Pressure Systems,” essentially incorporates the provisions found in repealed chapter 12-225, “Pressure Systems,” and covers only geothermal energy systems.
32. The proposed §12-220-4, §12-220-5, §12-220-7, §12-220-14, §12-220-17, and §12-220-21 through §12-220-26 make 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 dlir.hiosh.boilers@hawaii.gov, 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 also 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:
September 10, 2019
9:00 a.m.
Keelikolani Building
830 Punchbowl Street, Room 427
Honolulu, Hawaii 96813

SCOTT T. MURAKAMI
Director
Department of Labor and
Industrial Relations

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
(SA/TGI/HTH/WHT1221918 8/10/19)