Section 11-81-11 - Exception for a scene within a production being filmed(a) Smoking by talent only shall be allowed in areas where it is otherwise prohibited by chapter 328J, HRS, when smoking is part of a scene within a production being filmed; provided that the production complies with the requirements of this section. When smoking by talent only is allowed as part of a scene within a production being filmed, non-talent crew members who do not appear on camera in the scene shall not smoke in areas where smoking is otherwise prohibited by chapter 328J, HRS. Any smoking as part of a scene within a production being filmed shall be for a limited duration at any one location of not more than fourteen (14) calendar days.(b) If the production is being filmed upon public property, the person in charge of the filming shall provide for inspection copies of the permit issued by the Hawaii Film Office, county film office, or federal film office upon request by an inspector.(c) If the production is being filmed upon private property, the person who owns, manages, operates, or otherwise controls an area covered by chapter 328J, HRS, where smoking is to be allowed as part of a scene within a production being filmed shall provide for inspection upon request by an inspector copies of at least two of the following: (1) The script for the production being filmed;(2) The story boards for the production being filmed;(3) The story treatment for the production being filmed;(4) The anticipated distribution plan for the production being filmed;(5) The location agreement for the location where filming is to occur. At minimum, the location agreement shall specify the duration of the filming at that location (not to exceed fourteen (14) calendar days), the conditions of use for that location, fees (if any) to be paid for use of the location, insurance (if any) required to be maintained for use of the location, and the deposit (if any) for damages; or(6) Releases authorizing the use of their likenesses signed by all of the talent who appear on camera as part of the scene within a production being filmed.(d) The failure to provide copies of the documents required by this section upon the request of an inspector shall be prima facie evidence that the smoking claimed to be part of a scene within a production being filmed does hot fall within the exception as provided in section 328J-7(6), HRS., and these rules. The inspector may then issue a summons or citation for any violation of chapter 328J, HRS, or of this chapter that the inspector observes.[Eff SEP 06 2010] (Auth: § 328J-11) (Imp: §§ 328J-7, 328J-11)