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Home My WebLink AboutRES 298 Draft 01 2008-2010 ' tv Os y , • COUNTY OF HAWAII "``' /• STATE OF HAWAII RESOLUTION NO. 298 10 A RESOLUTION REQUESTING THE LEGISLATURE OF THE STATE OF HAWAII TO AMEND HAWAII REVISED STATUTES CHAPTER 132D, SECTION 17, (INCONSISTENT COUNTY ORDINANCES, RULES), TO ALLOW THE FIRE CHIEF OF EACH RESPECTIVE COUNTY TO RESTRICT THE USE OF FIREWORKS IN THE EVENT OF A PUBLIC HEALTH, SAFETY, AND /OR WELFARE SITUATION. WHEREAS, Kilauea Volcano has been erupting since 1983 (26 years), producing sulfur dioxide and fine particulate matter ( "vog "), which causes respiratory problems for many Hawai`i Island residents and visitors; and WHEREAS, the State of Hawai`i, Department of Health website states: "The Hawaii State Department of Health (DOH) urges Hawai`i County residents to take precautions to protect their health whenever there are elevated levels of air pollutants. Communities near the Kilauea volcano are particularly affected by increased levels of both sulfur dioxide (S02) and fine particulate matter (PM) 5) caused by the recent volcanic activity. Conimunities farther away from the volcano, such as Kona, will more likely be affected only by PM 5 °... and "Elevated levels of SO or PM2 5 can cause breathing problems in individuals especially those with pre - existing respiratory conditions, such as asthma, emphysema, and bronchitis. If you have respiratory conditions and live or work in an area impacted by SO or vog, consider taking precautionary measures. The following are general recommendations from the American Lung Association: • Stay indoors and use an air conditioner, if available. • Do not smoke and avoid second -hand smoke. • Limit physical exertion. • Drink plenty of fluids to loosen mucus. Warm beverages seem to work best. • If you take medications, always have an adequate supply and keep them readily available in a convenient place. • Contact your physician as soon as any respiratory problem develops. While these recommendations are intended primarily for persons having respiratory or chronic lung disease, they are also useful for healthy persons during vog episodes. For additional information on respiratory health, contact your personal physician or the American Lung Association of Hawai'i."; and WHEREAS, the County of Hawaii experienced three grass /brush/forest fires (I- Iokukano Ranch, Kealakekua Heritage Ranch, and Yee Hop Ranch fires), two of which have been burning simultaneously (Hokukano Ranch, Kealakekua Heritage Ranch) in the geographic region of Kona since December 25, 2009; and WHEREAS, two of the fires continue to burn within the firebreak perimeters. These fires produce smoke and respiratory problems that are further compounded by the vog; and WHEREAS, smoke from the fires blanketed most of North and South Kona. causing respiratory distress for many residents; and WHEREAS, the Hawai`i County Civil Defense Agency air quality update dated January 2, 2010, stated, in pertinent part: "Persistent light winds are causing consistent poor air quality in Hawai`i Island. especially in the communities surrounding the summit of Kilauea Volcano due to the pooling of emissions. The National Weather Service forecasts light wind conditions to continue until Thursday. Also, recent flare -ups within the firebreaks at the Hokukano [Ranch] and Kealakekua [Heritage Ranch] brush fires are causing smoke problems for Kona residents, especially in the early morning hours. The Hawai'i Fire Department continues operations at both fires which are currently under control, but it is undetermined when the fires will be completely extinguished. Because of the fires and the wind forecast the following are issued. • Residents affected by smoke and emissions are advised to stay indoors and use an air conditioner if available. • Limit physical exertion. • Drink plenty of fluids. • If you have medications, make sure you have them readily available. For exposure to emissions, the CDC recommends the use of inhalers before symptoms appear. • Don't smoke and avoid second hand smoke. • If you are experiencing negative health effects from smoke or emissions it is recommended that you leave the area. Air quality usually improves after a few hours. 2 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 Hawai`i experienced thirteen fireworks- related fires 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, Hawaii Revised Statutes (HRS) section 132D -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): " §132D -17 Inconsistent county ordinances, rules. (a) 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) The fire chief of any county may temporarily restrict the use of fireworks in any portion of or all of the respective county in an emergency situation in a manner deemed appropriate by the fire chief; 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. 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, with the exceptions noted in (a) (1) and (2) above, are declared void."; and 3 WHEREAS, this amendment would not cost the State of Hawai`i or the respective counties any money, but it would provide for unusual or unique situations negatively impacting the public's health, safety, and welfare; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Legislature of the State of Hawaii is encouraged to amend HRS 132D -17 to a more realistic and practical law that allows the fire chief of each respective county to temporarily restrict the use of fireworks and that the suggested amendment be written as above. BE IT FINALLY RESOLVED that the County Clerk shall forward copies of this Resolution to the Mayor of the County of Hawai`i, the Fire Chief of each respective county, the Hawai`i State House of Representatives and Senate, and the Hawaii State Department of Defense, Civil Defense Division. Dated at , Hawai`i, this day of 2010. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawai`i ENRIQUES FORD I hereby certify that the foregoing RESOLUTION was by GREENWELL the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawai`i on HOFFMANN IKEDA NAEOLE-BEASON ATTEST: ONISHI YAGONG YOSHIMOTO Reference: C- 693 /PSPRC COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 298 10 4