1. §12-229-1 “Scope and Application” is amended as follows:
a. To clarify that the chapter applies to Part 11 “Elevator and Related Systems”.
b. Housekeeping renumbering involving kiddie rides exemption.
2. §12-229-2 “Definitions” amends the definition of “Permit to operate” to make clear that the device has met the required safety inspections and tests, and the required fees have been paid pursuant to HRS 397-4, as a result of Act 200, Session Laws of Hawaii 2021 (SLH, 2021).
3. §12-229-3.1 “Codes incorporated and adopted by reference is amended by fixing the numbering of the codes incorporated and adopted.
4. §12-229-4.1 “Installation and alteration permits” is amended as follows:
a. §12-229-4.1 (a)(6) Allows the installation of elevators and kindred equipment designs based on the more recent International Building Code (IBC) edition than the 2012 IBC adopted by the department, as long as the design provides for at least as, or greater than, safe operation of the elevator or kindred equipment as compared to the 2012 IBC edition.
b. §12-229-4.1 (b) Refers to a new Exhibit A and Exhibit B for fees.
c. §12-229-4.1 (b)(1) & (2) Are deleted to eliminate refunds of installation or alteration processing fees
d. §12-229-4.1 (d)(2) By making housekeeping and stylistic changes, by making two subparagraphs a part of the paragraph, to improve readability.
5. §12-229-5.1 “Permits to operate” is amended as follows:
a. §12-229-5.1 (a) Requires the payment of all required fees for the issuance of a permit to operate, pursuant to 397-4, HRS (Act 200, SLH, 2021).
b. §12-229-5.1 (c)(5) Requires the owner or owner’s duly appointed agent to notify the department within thirty calendar days of any changes to building ownership or address, billing address, or property management similar to §12-229-15.1 “Notifications of transfer and location”.
c. §12-229-5.1 (d) Deletes the requirement that new or altered elevators and kindred equipment installed after January 31, 2021, have a copy of the operating permit displayed conspicuously in the car of the elevator, and on or near the dumbwaiter, escalator, moving walk, or other kindred equipment. Allows the permit to operate to be posted in an elevator and on or near kindred equipment or posted in a secure manner under a transparent cover, or in a suitable case or cabinet and in such a way that the permit is reasonably easy to read, outside the elevator or related system, if the location is approved by the department, onsite, and available for review during normal business hours and there is a sign within the elevator that identifies the equipment by the state registration number and states where the operating permit may be viewed.
d. §12-229-5.1 Throughout, all references to “qualified inspector” are amended to “qualified elevator inspector” for clarification.
6. §12-229-6.1 “Fees” is amended as follows:
a. §12-229-6.1 (a) Refers to a new Exhibit A for installation and alteration fees, a new Exhibit B for inspection fees, and updates the new rates as reflected in Exhibits A & B.
b. §12-229-6.1 (a)(5) Deletes the requirement for fee payment at the time of an online request.
c. §12-229-6.1 (b)(1) & (2) & (4) Refers to a new Exhibit A for installation and alteration fees.
d. §12-229-6.1 (b)(3) Removes the need for an additional fee for smoke, fire, or emergency power tests, if they can be conducted on the same day, and eliminates one additional, free follow-up inspection per installation or alteration permit.
e. §12-229-6.1 (b)(5) Deletes the building plan review fee, as these reviews are now performed by the counties.
f. §12-229-6.1 (b)(5) Conforms the rate for follow-up inspections, to include smoke, fire, or emergency power tests if requested to be conducted on another day, to the new Exhibit A.
g. §12-229-6.1 (c)(2) Removes unnecessary language to clarify the fees for amusement ride inspections.
h. §12-229-6.1 (c)(5) Deletes the requirement for fee payment at the time of an online request for amusement rides.
i. §12-229-6.1 Throughout, provides housekeeping renumbering, and all references to “qualified inspector” are amended to “qualified elevator inspector” for clarification.
7. §12-229-10.1 “Reporting of accidents” paragraph subsection (a) clarifies the definition of “accident” by making it reportable when the equipment is rendered inoperative or creates a safety hazard.
8. §12-229-12.1 “Violations and penalties” is amended as follows:
a. §12-229-12.1 (b)(2) Makes a contractor also liable for allowing or initiating work on elevators or kindred equipment without an installation or alteration permit and corrects the reference to the appropriate section for installation and alteration permits (12-229- 4.1 instead of 12-229-5.1).
b. §12-229-12.1 (b)(2) & (c)(2) References to “percent” are amended to “per cent” to adhere to administrative rules spelling conventions.
9. §12-229 "General, Administrative, and Legal Provisions" Exhibit A “Elevator and Kindred Equipment Installation and Alteration Fees” & Exhibit B “Elevator and Kindred Equipment Inspection Fees” are revised to reflect fee increases; and Exhibit A also adds a $750 fee for an escalator alteration that is the same fee as an escalator installation.
10. §12-229 "General, Administrative, and Legal Provisions” Exhibit C “Inspection and Test Intervals (In Months)” eliminates the Limited- Use/Limited Application Elevators testing requirement, as these elevators are exempt from the rules, and clarifies that where an equipment is listed under both Category 3 of 36 months and Category 5 of 60 months, a combined Category 3 and Category 5 testing may be conducted every 5 years.

HIOSH identifies no impacted Native Hawaiian traditional or customary rights or practices affected by the proposed rules. 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 present at the public hearing any written or oral data, views, arguments, comments, and objections concerning the proposals on:

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 accommodation should be made no later than ten (10) working days prior to the needed accommodation.