Section 12-229-12.1 - Violations and penalties(a) The director may assess all civil penalties provided in this section, giving due consideration to the gravity of the violation, the good faith of the owner or contractor, and the history of previous violations.(b) Violations. The following shall apply to violations:(1) Any owner or contractor who violates chapter 397, HRS, or any safety standards and codes adopted pursuant to chapter 91, HRS, or who violates or fails to comply with any order made under or by virtue of chapter 397, HRS, or who defaces, displaces, destroys, damages, or removes without the authority of the department any safety device, safeguard, notice, order, or warning required by chapter 397, HRS, its standards, or codes, shall be assessed a civil penalty of not more than $10,000 for each such violation;(2) Any owner who allows the installation, construction, reconstruction, relocation, or alteration of any elevator or kindred equipment prior to obtaining an installation or alteration permit as required by section 12-229-5.1 shall be assessed a civil penalty of not more than $10,000. The penalty may be reduced by a maximum of ten percent for history of past violations;(3) Owners who fail to report an accident as required by section 12-229-10.1 shall be assessed a civil penalty of not more than $5,000 per instance. Consideration may be given for good faith and history of violations;(4) Owners who fail to maintain or provide records or reports to the department as required by this part shall be assessed a civil penalty of not more than $5,000 per record not maintained or provided;(5) Repeated violations shall be assessed a civil penalty of not more than $10,000. Consideration may be given for gravity only;(6) Owners who fail to take an elevator or kindred equipment out of service as specified in section 12-229-7.1(b)(4) shall be assessed a civil penalty of not more than $10,000; and(7) Each day a violation continues shall constitute a separate violation except during an abatement period.(c) Discrepancies and penalties. The following shall apply to discrepancies and penalties: (1) Any conditions found not in conformance with applicable standard or codes adopted pursuant to chapter 397, HRS, shall be regarded as discrepancies and shall be made known to the owner or contractor by letter or written order to correct or both. All discrepancies shall be satisfactorily resolved as soon as possible. When, in the opinion of the department, a discrepancy constitutes a potentially serious hazard, the department may prohibit the use of the equipment until the condition is abated. Failure to abate unsafe conditions or failure to correct discrepancies within the time prescribed shall be a violation subject to the civil penalties prescribed in this section;(2) Assessing penalties. (A) Consideration shall be given to the gravity of the violation. For a violative condition that could not or probably would not result in serious harm to life the penalty may be reduced by forty percent;(B) Consideration shall be given to the good faith of the owner or contractor. For immediate correction or for attempts to make correction or abate hazards that have been thwarted by conditions beyond the control of the owner or contractor, the penalty may be reduced by forty percent; and(C) Consideration shall be given for the history of previous violations. For no previous violations by the owner or contractor, the penalty may be reduced by ten percent.(d) Anyone who knowingly makes a false statement on any document required by chapter 397, HRS, upon conviction, shall be punished by a fine of not more than $10,000 or imprisonment or both. Any evidence suggesting that a false statement may have been made shall be immediately referred to the director, who shall consult with the state attorney general for purposes of initiating appropriate action.Haw. Code R. § 12-229-12.1
[Eff and comp JUN 30 2014] (Auth: HRS § 397-4) (Imp: HRS § 397-8)