Current through August, 2024
(a) An installation permit shall be issued by
the department based on the approval of drawings and specifications pertaining
to the installation of pressure retaining items. An application shall be
submitted in the prescribed form and must be accompanied by the remittance fee
for each pressure retaining item subject to this part as per the schedule in
Exhibit A, titled, "Installation, Repair or Alteration Permit Fees, and
Licensure, Examination, and Registration Fees", dated September 1, 2019, which
is made part of this chapter, and located at the end of this chapter, and
inspection fee for each boiler, pressure vessel, or pressure system subject to
this part as per the schedule in Exhibit B, titled, "Internal & External
Inspection Fees", dated September 1, 2019, which is made a part of this chapter
and located at the end of this chapter.
The contractor shall be responsible for furnishing to the
department all documentation required and referenced in the standards and codes
adopted by the department for installation, construction, routine repair,
repair, or alteration of any pressure retaining item, NBEP, and HEP.
(b) No person shall install,
construct, reconstruct, or relocate any pressure retaining item without first
obtaining an installation permit from the department.
(1) The plans and specifications for
installation of pressure retaining items together with pertinent details shall
be submitted to the department prior to commencement of work. Plans shall be
resubmitted for any project in which the installation has not commenced within
three years of the plan approval date. Copies of engineering data, tests,
manufacturer's data reports, laboratory reports, and any other pertinent
information deemed necessary by the department shall be submitted by the
installer on any new equipment or appurtenance to be installed for the first
time in the State of Hawaii; and
(2) An Installation permit as required under
subsection (a) shall be issued only to a person who is licensed to engage in
the business of installing or repairing pressure retaining items by the
contractors license board of the department of commerce and consumer affairs,
State of Hawaii. All installation permit applications shall be deemed approved
if not acted upon by the department within thirty calendar days from the date
of receipt of the completed application.
(c) Permits for repairs, routine repairs, or
alterations shall be issued upon the approval of code routine repair, repair,
or alteration application submitted by the holder of NB "R" certificate of
authorization. An application shall be submitted in the prescribed form and
must be accompanied by the remittance of the fee for each pressure retaining
item subject to this part as per the schedule in Exhibit A, titled,
"Installation, Repair or Alteration Permit Fees, and Licensure, Examination,
and Registration Fees", dated September 1, 2019, which is made part of this
chapter and located at the end of this chapter provided that:
(1) NBEP repair or alteration permits shall
be issued upon approval of NBEP repair or alteration application submitted by
the holder of an NBEP or ASME 'S", "A", "PP", or NB "R" certificate of
authorization; and
(2) The
department shall issue an NBEP repair or alteration permit to a holder of an
NBEP or ASME 'S", "A", "PP", or NB "R" certificate of authorization in
accordance with section 12-220-9.1.
(d) Permits to operate or certificates of
inspection shall be issued based on the report of the acceptance inspection and
each permit renewal inspection.
(e)
The department shall issue a permit to operate for any pressure retaining item
required by these rules and inspected by an inspector and found to be safe and
in compliance with this subtitle. The owner or user shall remit upon
application an inspection fee for each pressure retaining item subject to this
part as per the schedule in Exhibit B, titled, "Internal & External
Inspection Fees", dated September 1, 2019, which is made a part of this chapter
and located at the end of this chapter. It shall be unlawful for any person,
firm, association, partnership, or corporation to operate a pressure retaining
item regulated by this chapter unless a permit for the operation has been
authorized by the department and the permit remains in effect provided that:
(1) A permit to operate a pressure retaining
item shall be issued to the owner or lessee only after an inspector has found
that the device has met all requirements of this chapter;
(2) A valid permit may be extended for cause
by the department if so requested in writing by the owner or lessee to the
chief boiler inspector. The absence of a special inspector to conduct a permit
renewal inspection shall not be accepted as a valid reason for granting the
permit extension;
(3) The permit to
operate shall indicate the type of equipment for which it is issued, the
maximum allowable working pressure, and the National Board number. The permit
to operate shall be posted in a conspicuous location nearby the unit;
(4) The department may immediately revoke any
permit to operate or certificate of inspection for any pressure retaining item,
required to be inspected by this chapter, found to be in an unsafe condition,
or is not properly guarded or is dangerously placed, or when a user, owner, or
contractor fails to comply with department orders to correct specific defects
or hazards and continues to use or operate the pressure retaining
item;
(5) The department shall
reissue a permit to operate to any user, owner, or contractor who demonstrates
good faith in attempting to abate all nonconforming conditions specified in
department orders provided the pressure retaining item is safe to
operate;
(6) A permit to operate or
certificate of inspection shall be valid only at the location for which it was
issued except for boilers or pressure vessels which are indicated on the permit
as being portable;
(7) No pressure
retaining item that is required to be inspected by chapter
397, HRS, or by any rule adopted
pursuant to chapter
91, HRS, shall be operated except as
necessary to install, repair, or test, unless a permit to operate or
certificate of inspection has been authorized or issued by the department and
remains valid; and
(8) The
department may, upon the application of any owner or user or any other person
affected thereby, grant a reasonable period as may be necessary, but not longer
than ninety days, for compliance with any order to render the pressure
retaining item safe. Any person affected by an order may for cause petition the
department for an extension of time to render the pressure retaining item
safe.
