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 chapters 12- 220, 12-222.1, 12-223.1, and 12-224.1.
The proposed amendments are as follows:
1. §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 B31.1-2020), the ASME Boiler and Pressure Vessel Code (ASME BPVC-2021), ASME Controls and Safety Devices for Automatically Fired Boilers (ASME CSD-1-2021), ASME Safety Standards for Pressure Vessels for Human Occupancy (ASME PVHO-1-2016), and ASME Safety Standard for Pressure Vessels for Human Occupancy (ASME PVHO-2-2016); the following National Board of Boiler and Pressure Vessel Inspectors codes and accreditation requirements: National Board Inspection Code (NBIC-2021), 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 the following National Fire Protection Association (NFPA) codes: National Fire Protection Association National Electrical Code (NFPA 70- 2017) and National Fire Protection Association Boiler and Combustion Systems Hazards Code (NFPA 85 – 2019).
2. §12-220-1 Definitions major revisions include:
a. "AIA" definition revised to specify requirements for approved Owner user Inspection Organization (OUIO) and their inspectors to conduct inspections.
b. "Special Inspector" definition revised to clarify the exclusive employment with an insurance company which has been licensed or registered by the appropriate authority of the State of Hawaii to write boiler and pressure vessel insurance and provide inspection services of pressure retaining items in this State.
c. "Owner-user Inspector" definition revised to clarify the exclusive employment with an owner-user inspection organization.
d. NB-415 definition added to specify the National Board Accreditation of "R" Repair Organizations.
e. "Owner-user inspection organization" definition revised to specify the approval of the department.
3. §12-220-1.1, "Codes incorporated and adopted by reference," adopts newer versions of ASME B31.1, ASME BPVC, ASME CSD-1, ASME PVHO 1, ASME PVHO 2, NBIC, NFPA 70, and NFPA 85.
4. §12-220-2, "Minimum construction standards," is modified for housekeeping purposes and to conform with 397-4, HRS.
5. §12-220-2.1, "Requirements for new installations," includes housekeeping amendments to conform with the updated codes ASME BPVC-2021 & NBIC- 2021.
6. §12-220-8.1 "Repairs and alterations" is revised to specify the requirements of NB "R" Forms, except for routine repair ones, to be registered with the National Board.
7. §12-220-11.1 "Quality control reviews and audits" was added to specify the provision of the department to conduct an inspection and review of the organization’s quality control program and facilities for the purpose of renewal of authorization to use the National Board "R" symbol stamp or applicable nonnuclear ASME certification marks.
8. §12-220-16, "Inspections and tests," is revised to incorporate housekeeping changes pursuant to NBIC-2021, Part 2, In-Service Inspection Requirements, and clarifies the exclusive employment of special inspectors.
9. §12-220-18, "Inspectors," is amended for housekeeping purposes.
10. §12-220-19, "Owner-user inspection organization," is amended to incorporate housekeeping changes to reflect the latest requirements of the National Board accreditation process.
11. §12-220-20, "Fees," is amended to provide housekeeping changes and the change in fees as reflected in Exhibits A & B.
12. §12-222.1 "Power Boilers," §12-223.1, "Heating Boilers – Steam Heating Boilers, Hot Water Heating Boilers, Hot Water Supply Boilers, and Potable Water Heaters," and §12-224.1, "Pressure Vessels," – contain minor revisions to incorporate housekeeping changes and modifications and additions in accordance with NBIC-2021 and ASME BPVC 2021, which are proposed for adoption in these rules.
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 request a copy of the proposed rules from HIOSH by written request mailed to 830 Punchbowl Street, Room 425, 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:
May 31, 2024
1:00 p.m.
Keelikolani Building
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 dlir.hiosh.boilers@hawaii.gov. 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.
Dated: MAR 28 2024.
/s/ JADE BUTAY
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) 586-8842
(SA/HTH/WHT/TGI1450906 4/30/24)
