RES 298 Draft 02 2008-2010 - Laserfiche WebLink

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Again, volcanic emissions and smoke from fires are having a negative impact on air quality island -wide. It is unknown at this time when the Hokukano and Kealakekua fires will be fully extinguished and the National Weather Service forecasts light winds through Thursday. Residents should be prepared for possible exposure to emissions and or smoke.'; and WHEREAS, according to Fire Chief Darryl Oliveira's statistics for the Kona Region, West Hawaii experienced thirteen fireworks- related tires from December 31, 2009, through January 3, 2010, which coincided with the grass/ brush /forest fires and the continuing eruption of the Kilauea Volcano, cumulatively creating extremely poor air quality in Kona due to the combination of vog, fires, and fireworks; and WHEREAS, Hawai` i Revised Statutes (HRS) section 1320 -17 disallows making any laws or rules by the respective counties that are "inconsistent with or more restrictive than, the provisions of this chapter "; and WHEREAS, when the Legislature adopted act 180 in 1994, which created HRS section 132D -17, no one anticipated the current combination of events (long -term eruption of a volcano creating vog, forest fires creating smoke, drought with no end in sight, and fireworks) that create and exacerbate health hazards; and WHEREAS, it is no longer prudent or healthy to restrict the counties'most experienced and knowledgable personnel from making critical decisions during emergency situations, as currently disallowed by HRS 132D -17; and WHEREAS, HRS 132D -17 should be amended to add health exceptions in the following manner (material to be repealed is bracketed and stricken through; material to be added is underscored): 1132D -17 Inconsistent county ordinances, rules. (j Notwithstanding any other law to the contrary, no county shall enact ordinances or adopt any rules regulating fireworks or articles pyrotechnic, except as required in this chapter, that is inconsistent with or more restrictive than, the provisions of this chapter with the following exceptions: (1) Each county may temporarily restrict the use of fireworks in any portion of or all of the respective county in an emergency situation; and (2) An emergency situation shall be defined as an event that endangers the public health, safety, and /or welfare, whether the event is natural or man -made. On Any ordinances and rules regulating fireworks or articles pyrotechnic that were enacted or adopted by a county before March 31, 1995, except those provisions which are not inconsistent with, or more restrictive than those of this chapter, are declared void. "; and 3