Section 11-60.1-52 - General provisions(a) Except as provided in subsections (b), (c), (d), (e) and section 11-60.1-53, no person shall cause, permit, or maintain any open burning. Any open burning is the responsibility of the person owning, operating, or managing the property, premises, business establishment, or industry where the open burning is occurring. Subsections (b), (c), (d), (e) and section 11-60.1-53 shall not apply to the open burning of human remains or animal carcasses unless the activities fall under the exemptions found in paragraph (d)(2).(b) Subsection (a) shall not apply to attended fires for the cooking of food provided that: (1) Only untreated dry wood, charcoal, natural or synthetic natural gas, butane, propane, or cooking fuel is used, and(2) If visible smoke enters any residence, business or public area, best practical measures to eliminate the smoke, including extinguishing the fire, are taken.(c) Subsection (a) shall not apply to the following, provided that notification is given to the director prior to the commencement of any burn: (1) Fires set to a building, structure orsimulated aircraft for training personnel in firefighting methods.(d) Subsection (a) shall not apply to the following, provided that the burning is approved by the director: (1) Outdoor fires for recreational, religious, ceremonial or decorative, or related purposes including, but not limited to, campfires, bonfires, pottery curing fires, that are burning dry untreated wood, charcoal, or auxiliary fuels;(2) Fires for the disposal of human remains and animal carcasses and debris generated from a natural disaster or catastrophic event, where there is no reasonable alternative method of disposal;(3) Outdoor fires set for cultural, traditional, or related purposes and fires within cultural or traditional structures including sweat houses or lodges; and(4) Pyrotechnics for the creation of special effects during filming or motion pictures, television programs, or other commercial video, photography or creative arts production activities.(e) Subsection (a) shall not apply to the following, provided that the burning is both approved by the director, and that the burning is allowed under either section 11-60.1-55 or 11-60.1-52(f): (1) Fires to abate a fire hazard, provided that the hazard is so declared by the fire department, forestry division, or federal agency having jurisdiction, and that a prescribed burning plan, if applicable, has been submitted to and approved by the jurisdictional agency;(2) Fires for prevention or control of disease, pests, invasive species or other natural threats to the environment or economy; and(3) Fires for the disposal of dangerous materials, where there is no alternate method of disposal;(f) The director may provide a waiver to the section 11-60.1-55"no-burn" period for any exemption to open burning found under subsection 11-60.1-52 (e).(g) Subsections (b), (c), (d), or (e) shall not exempt any activity from the application of any rules or requirements in any other section or chapter.Haw. Code R. § 11-60.1-52
[Eff 11/26/93; comp 10/26/98; am and comp 9/15/01; comp 11/14/03; am and comp 1/13/12; comp JUN 30 2014] (Auth: HRS §§ 342B-3, 342B-12; 42 U. S . C."§§7407, 7410 , 7416; 40 C.F.R. Parts 50, 51, and 52) (Imp: HRS §g342B-3, 342B-12; 42 U.S.C. §§7407, 7416; 40 C.F.R. Parts 50, 51, and 52)Historical note: § 11-60.1-52 is based substantially upon § 11-60-31. [Eff 11/29/82; am, ren § 11-60-31 and comp 4/14/86; am and comp 6/29/92; R 11/26/93]