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Home My WebLink AboutCOM 0693.001 2008-2010 .Mtv or N om ' .• Phone: (808) 326- 5684 BRENDA J. FORD • Fax: (808) 329- 4786 Council Member == L, i E -Mail: bford(c7t co.hawaii.hi.us District 7 - Central Kona 'r� d:'�a► HAWAII COUNTY COUNCIL County of Hawaii Kailua Trade Center 75 -5706 Hanama Place, Suite 109 `.) rZ Kailua -Kona, Hawaii 96740 b;� co 7 DATE: February 16, 2010 tr TO: J. Yoshimoto, Chairperson, and Members of the Hawaii County Council co n FROM: Brenda J. Ford, Council Member SUBJECT: Proposed Amendments to Resolution 298 -10; Requesting the Legislature of the State of Hawai`i to Amend Hawaii Revised Statutes Chapter 132d, Section 17, to Allow Each County to Temporarily Restrict the Use of Fireworks in the Event of a Public Health, Safety, and /or Welfare Situation For your consideration, please find attached proposed amendments to Resolution 298 -10, expanding the authority to each respective county to temporarily restrict the use of fireworks by the appropriate public safety personnel in the event of a public health, safety, and /or welfare situation. The proposed amendments, illustrated via Ramseyer format with respect to the contents of Resolution No. 298 -10, read as follows: 1. The title is amended to read: "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 [ TIIE FIRE CHIEF OF EACH RESPECTIVE EACH COUNTY TO TEMPORARILY RESTRICT THE USE OF FIREWORKS IN THE EVENT OF A PUBLIC HEALTH, SAFETY, AND /OR WELFARE SITUATION." 2. The fifth WHEREAS clause is amended to read: "WHEREAS, smoke from the fires blanketed most of North and South Kona for several weeks, causing respiratory distress for many residents; and" Comm. Ho. 9 3 Serving the Interests of the People of Our /stand Ref. To: r % _ E8 I P/� L Ref. Bate 1 7 201Q !'nunw /c do Fnun/ nnnnr/tntih' Provider Ind Fnrnlover 3. The seventh WHEREAS clause is amended to read: "WHEREAS, [Acc rding ] according to Fire Chief Darryl Oliveira's statistics for the Kona Region, West Hawai`i 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" 4. The tenth WHEREAS clause is amended by deleting the ";" appearing after the word "and" at the end of the clause. 5. The eleventh WHEREAS clause is amended to read: "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) [ Th f c hi e f o f an y ] Each county may temporarily restrict the use of fireworks in any portion of or all of the respective county in an emergency situation [• • . •• . • • • • • • •• • ' 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. (b) 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" 6. The enacting clause is amended to read: "BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Legislature of the State of Hawai`i is encouraged to amend HRS 132D -17 to a more realistic, jand -] practical, and safe law that allows [ the • • • • • • • • • • • each county to temporarily restrict the use of fireworks in an emergency situation that 2 • endangers the public's health, safety, and /or welfare, and that the suggested amendment to the Hawaii Revised Statutes, section 132D -17 be written as above." 7. The final clause is amended to read: "BE IT FINALLY RESOLVED that the County Clerk shall forward copies of this Resolution to the [ " ; . • • • • • • • . - • : J Mayors, the Fire [ Ghief I Chiefs, the Civil Defense Administrators, and the Police Chiefs of each respective county, the Hawai`i State House of Representatives and Senate, and the Hawaii State Department of Defense, Civil Defense Division." A draft copy of Resolution No. 298 -10, Draft 2, is attached incorporating these amendments. BJF /dkr Att. 3 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 EACH COUNTY TO TEMPORARILY 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 Hawaii Island residents and visitors; and WHEREAS, the State of Hawai`i, Department of Health website states: "The Hawai`i 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. Communities farther away from the volcano, such as Kona, will more likely be affected only by PM, 5 and "Elevated levels of SO2 or PM, 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 4 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 for several weeks, 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 Hawaii 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 Clare -ups within the firebreaks at the 1- Iokukano [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. 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 5 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, Hawai`i 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 FIRS 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. Lai 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. 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 WHEREAS, this amendment would not cost the State of Hawaii 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 Hawai`i is encouraged to amend HRS 132D -17 to a more realistic, practical, and safe law that allows each county to temporarily restrict the use of fireworks in an 6 emergency situation that endangers the public's health, safety, and /or welfare, and that the suggested amendment to the Hawai`i Revised Statutes, section 132D -17 be written as above. BE IT FINALLY RESOLVED that the County Clerk shall forward copies of this Resolution to the Mayors, the Fire Chiefs, the Civil Defense Administrators, and the Police Chiefs of each respective county, the Hawai`i State House of Representatives and Senate, and the Hawai`i State Department of Defense, Civil Defense Division. 7