Current through September, 2024
Section 12-220-18 - Inspectors(a) The following shall apply to inspectors: (1) The director shall appoint a chief boiler inspector who has had at the time of appointment not less than ten years' experience in the construction, installation, inspection, operation, maintenance or repair of pressure retaining items as a mechanical engineer, steam operating engineer, boilermaker, or boiler inspector;(2) The chief boiler inspector shall enforce the requirements of this part, take action necessary for the enforcement of the laws of the State governing the use of pressure retaining items, and keep a complete record of the type, dimensions, maximum allowable working pressure, age, condition, location, and date of last internal inspection of all pressure retaining items;(3) Required inspections of pressure retaining items shall be performed by inspectors as defined in section 12-220-1;(4) An application to take the State of Hawaii certificate of competency examination shall be filed at least sixty (60) days in advance and on the form provided by the department and must be accompanied by the remittance of the fee 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;(5) The certificate of competency shall be issued after the inspector has appeared before the director or the director's authorized agent, such as the chief boiler inspector;(6) The certificate of competency, unless suspended, revoked, or canceled, shall expire one year from the date of issue or renewal;(7) An insurance company employing special inspectors shall notify the department in writing when the employment of a special inspector is terminated; and(8) Upon approval of an applicant's request, a State of Hawaii examination for certificates of competency to inspect pressure retaining items shall be administered by the department on the first Wednesday of March, June, September, and December of each year. (A) Applications for a State of Hawaii examination for a certificate of competency shall be in writing upon a form provided by the department. If the applicant's credentials and work experience are in accordance with NB-263, RCI-1, and meet with the approval of the department, the applicant shall be given a written examination dealing with the construction, installation, operation, maintenance, or repair of pressure retaining items, and the requirements of this part. If the applicant is successful in completing the test and meets all the requirements, a certificate of competency shall be issued by the department. An applicant who fails to pass the examination shall be permitted to take another written examination after the expiration of ninety days. The fee remitted with the application shall be good for six months during which a re-examination must be taken; and(B) Inspectors employed by the department shall pass the National Board examination and be issued a certificate of competency from the department during the probationary employment period. A commission from the National Board shall then be obtained by the department to enable the employee to become a qualified boiler inspector.(b) Commissions to inspect shall be always carried by inspectors while engaged in the performance of inspectional duties. Certificates of competency are non-transferable.(c) The certificate of competency and commissions issued to an inspector may be suspended by the director or chief boiler inspector for cause and may be revoked after due investigation and recommendation by the department upon ten days' notice to the inspector and to the inspector's employer. Cause for suspension or revocation shall include, but not be limited to, incompetency, untrustworthiness, wilful falsification of any matter or statement contained in the inspector's application, or in the report of any inspections, or any other sufficient reason in the discretion of the director. Prior to revocation, the holder of the certificate of competency or commission(d) shall be entitled to a hearing before the director or the director's authorized agent. A person whose certificate of competency has been suspended or revoked, except for untrustworthiness, shall be entitled to apply to the department for reinstatement, or in the case of revocation, for a new examination and certificate of competency ninety days (90) after the revocation.(e) No person shall be authorized to act for the State as an inspector who is directly interested in the manufacture, sale, repair, or alteration of any equipment or any appurtenance used on any equipment which is inspected pursuant to chapter 397, HRS.[Eff 7/6/98; am NOV 18 2012] (Auth: HRS § 397-4) (Imp: HRS §§ 397-4, 397-6)