The URL can be used to link to this page

Home My WebLink AboutORD 1990-048 1988-1992COUNTY OF HAWAII STATE OF HAWAII BILL NO. 208 (Draft 5) ORDINANCE NO. ~ Q8 AN ORDINANCE AMENDING CHAPTER 26, HAWAII COUNTY CODE 1983, AMENDED, RELATING TO THE HAWAII COUNTY FIRE CODE. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. Due to the continuing volcanic eruption and its detrimental effect on this county's air quality conditions and the increased urbanization of our island community, it is necessary to prohibit the outdoor burning of rubbish in urban residential neighborhoods to protect the health, welfare, and safety of our citizens. SECTION 2. Chapter 26, section 26-4, Hawaii County Code 1983, is amended to read as follows: "Section 26-4. Section 2.204 is amended to read: Violation and Penalty Sec. 2.204. Any person, firm or corporation violating any of the provisions of this code shall be deemed guilty of a ep tty misdemeanor and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any provisions of this code is committed, continued or permitted., and upon conviction of any such violation, such person shall be punished by a fine of not more than [$1,000] $500 or by imprisonment for not more than [one year,] thirty days, or by both such fine and imprisonment." SECTION 3. Chapter 26, of the Hawaii County Code 1983, as amended, is amended by adding the following sections to be appropriately designated and to read as follows: "Section 26- Section 11.101 is amended to read: Bonfires and Outdoor Rubbish Fires Sec. 11.101. [(a) For information on open fires, private incineration, and agricultural fires, refer to section 11.117.] (a) Except as provided by section 11.117, all bonfires, rubbish fires, and incinerator fires are prohibited when the State of Hawaii Director of Health declares a "no burn" day. (b) Location Restricted. No person shall kindle or maintain any bonfire or rubbish fire or authorize any such fire to be kindled or maintained on any private land unless the fire is located more than 500 feet from any neighboring residence and (1) the location is [not less] more than 50 feet from any structure and adequate provision is made to prevent fire from spreading to within 50 feet of any structure, or (2) the fire is contained in an approved waste burner located safely [not less] more than 15 feet from any structure. (c) Attendance of Open Fires. Bonfires and rubbish fires shall be constantly attended by a competent person until such fire is extinguished. This person shall have a garden hose connected to the water supply, or other fire-extinguishing equipment readily available for use. -2- (d) Chief May Prohibit. The chief may prohibit any or all bonfires and outdoor rubbish fires when atmospheric conditions or local circumstances make such fires hazardous. (e) Chief May Issue Permit. Notwithstanding any provision to the contrary, the chief may issue a permit to kindle or maintain any bonfire or rubbish fire upon a determination by the chief or the chief's authorized representative that such burning will not create an unreasonable hazard to public safety or health. In determining whether to approve an application for such a permit, the chief or the chief's authorized representative shall consider the following factors: (1) The weather and local conditions prevaili at the time the application is submitted; (2) The proximity of any buildings, pasture, forest, or brush lands to the location of the fire and the hazards which may be posed to such property by the fire; 3) The safeguards which the applicant can provide to control the fire or prevent its spread; (4) Whether other reasonable alternatives to the burning of waste material at the location exist; and (5) The proximity and availability of water and firefighting equipment to the location of the fire." "Section 26- Section 11.106 is amended to read: Location of Incinerator -3- Sec. 11.106.(a) Every incinerator constructed after the effective date of this ordinance shall be located more than 500 feet from any neighboring residence. No person shall kindle or maintain any incinerator fire or authorize any such fire to be kindled or maintained on any private land unless the incinerator fire is located more than 500 feet from any neighboring residence. [(a)] (b) Any residential incinerator used in connection with a single-family dwelling shall be located [not less] more than 5 feet from any wood-frame building or structure, or other combustible material, or [not less] more than 3 feet from a masonry, stucco, or similar fire-resistive building or structure with no openings within 5 feet. Any residential incinerator used in connection with any occupancy other than a single-family dwelling shall be located [not less] more than 10 feet from any building or property line, provided, further, that the stack of any such incinerator shall be constructed in accordance with the Mechanical Code and shall terminate [not less than] at least 5 feet from combustible roof, overhang or eave construction. [(b)] This restriction shall not apply to barbecue pits and outdoor fireplaces built in accordance with the Building Code." -4- "Section 26- Section 11.117 is amended to read: [Control of Open Burning] Exempt Fires Sec. 11.117. (a) The following [kinds] types of open fires are not [subject to state air pollution laws. Control of these fires shall be established by each county.] prohibited by Article 11, Division 1, of the Uniform Fire Code, 1985: (1) Fires for the cooking of food; (2) Fires for recreational, decorative, or ceremonial purposes[;] as approved by the State of Hawaii Director of u~~i~~. (3) Fires set by firefighters or other authorized personnel to abate a fire hazard[;] providing the hazard is so declared by the fire department or the district forester having jurisdiction; (4) Fires for the prevention or control of disease or pests[;] as approved by the State of Hawaii Director of Health; (5) Fires for the training of fire fighting personnel; (6) Fires for the disposal of dangerous material[;] where there is no alternate method of disposal and burning is approved in advance by the State of Hawaii Director o` Health; (7) Fires for residential bathing purposes[.]; (8) Fires for any agricultural operation authorized by an agricultural burning permit issued by the State of Ha•aaii Director of Health. -5- (b) (Except for closed incinerators approved by the state health department, private incineration is prohibited by state health laws.] Clearance by the state health department for and notification of all agricultural fires either by telephone or written notice shall be on file with the fire alarm bureau before these fires are permitted." SECTION 4. New material is underscored. Material to be deleted is bracketed. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 5. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 6. This ordinance shall take effect upon its approval. INTRODUCED BY: ~k r~ , COUNTY-'~F HAWAII Hilo, Hawaii -~ Date of Introduction: April 4, 1990 Date of 1st Reading: April 4, 1990 Date of 2nd Reading: April 18, 1990 Effective Date: April 25, 1990 -6-