Section 12-220-15 - Permits(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 October 1, 2023, 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 October 1, 2023, 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 October 1, 2023, 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 October 1, 2023, 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.[Eff 12/6/82; am 12/8/86; am and ren § 12-220-15 and comp 12/6/90; am 7/6/98; am 6/19/00; am NOV 18 2012] (Auth: HRS § 397-4) (Imp: HRS § 397-4)