HAR §12-220-21. improvements, or changes and safety devices and safeguards be furnished, provided, and used as are reasonably required to ensure compliance with the purposes and provisions of chapter 397, HRS

The owner, user, or contractor shall obey and observe all orders issued by the department or be subject to civil penalties pursuant to section 12-220-22; (3) Whenever, in the opinion of the department, the condition of, or the operation of a pressure retaining item subject to inspection by chapter 397, HRS, or any practice, means, method, operation, or process employed is unsafe, or is not properly guarded, or is dangerously placed, use of the pressure retaining item may be prohibited by the department. An order to that effect shall be posted prominently on the equipment, or near the place or condition referred to in the order. The order shall be removed when a determination has been made by an authorized representative of the department that the pressure retaining item is safe and the required safeguard or safety devices are provided; (4) Pursuant to section 397-4(d)(4), HRS, the department may apply for a restraining order from a circuit court to effect enforcement; (5) Pursuant to section 397-4(d)(5), HRS, the director, or an authorized representative, shall have the same powers possessed by the court respecting administering of oaths, compelling attendance of witnesses, producing documentary evidence, and examining witnesses or causing them to be examined, and may take depositions and certify to official acts; (6) Where a condition or practice involving any pressure retaining item subject to inspection by chapter 397, HRS, could 220-46 3559 §12-220-21 reasonably be expected to cause death or serious physical harm, the department shall have the right, independent of any other enforcement powers under this chapter, to: (A) Immediately take steps to obtain abatement by informing the owners, users, contractors, and all persons in harm's way of the hazard by meeting, posted notice, or otherwise; (B) Take steps to immediately obtain abatement through direct control or elimination of the hazard if, after reasonable search, the user, owner, contractor, or their representative is not available; (C) Take steps to obtain immediate abatement when the nature and imminence of the danger or hazard does not permit a search for the owner, user, or contractor; and (D) Where appropriate, initiate necessary legal proceedings to require abatement by the owner, user, or contractor; and (7) The department may prosecute, defend, and maintain actions in the name of the department for the enforcement of the provisions of chapter 397, HRS, including the enforcement of any order issued by it, the appeal of an administrative or court decision, and other actions necessary to enforce chapter 397, HRS. [Eff 7/6/98; am and comp 12/21/19; comp SEP - J 2024 ] (Auth: HRS §397-4) (Imp: HRS §§397-4, 397-6, 397-8)