reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 37 - HEMP PROCESSING AND HEMP PRODUCTS › Subchapter 4 - HEMP PROCESSOR REGISTRY › Section 11-37-43 - Renewal

Current through June, 2024
(a) To ensure timely renewal, a registered
				  hemp processor shall submit a complete renewal application, consisting of all
				  parts listed in subsection (b), to the department at least sixty days prior to
				  the expiration date of the current certificate of registration.
(b) A complete renewal application for a
				  certificate of registration shall include:
(1)
				  A renewal form updating the registered hemp processor's registry information or
				  certifying that all information remains unchanged, in accordance with section
				  11-37-47;
(2) A copy of the registered hemp processor's
				  current USDA license to produce hemp; and
(3) A non-refundable renewal fee in
				  accordance with section
				  11-37-44. If the
				  fee does not accompany the application, the application shall be deemed
				  incomplete.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 37 - HEMP PROCESSING AND HEMP PRODUCTS › Subchapter 4 - HEMP PROCESSOR REGISTRY › Section 11-37-44 - Fees

Current through June, 2024
(a) The fee for a new or renewal certificate
				  of registration shall be $500.
(b)
				  Payment of fees shall be made in a form and manner prescribed by the
				  department.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 37 - HEMP PROCESSING AND HEMP PRODUCTS › Subchapter 4 - HEMP PROCESSOR REGISTRY › Section 11-37-45 - Denial of application for registration or renewal of registration

Current through June, 2024
(a) The department may deny an application
				  for a new or renewed certificate of registration for any of the following
				  reasons:
(1) Failure to provide the
				  information required in section
				  11-37-42
				  for new registration or section
				  11-37-43 for
				  renewal;
(2) Failure to pay
				  registration fees;
(3) Providing
				  misleading, incorrect, false, or fraudulent information;
(4) Violation of any applicable requirement
				  of this chapter or chapter
				  328G, HRS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 37 - HEMP PROCESSING AND HEMP PRODUCTS › Subchapter 4 - HEMP PROCESSOR REGISTRY › Section 11-37-46 - Certificate of registration

Current through June, 2024
(a) Upon the
				  department's determination that an applicant has met the requirements of
				  section
				  11-37-42
				  or
				  11-37-43, the
				  department shall issue a certificate of registration to the
				  applicant.
(b) A certificate of
				  registration shall have a term of one year.
(c) A certificate of registration shall not
				  be assigned or otherwise transferred to another person.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 37 - HEMP PROCESSING AND HEMP PRODUCTS › Subchapter 4 - HEMP PROCESSOR REGISTRY › Section 11-37-47 - Changes in information

Current through June, 2024
(a) After obtaining
				  a certificate of registration, a hemp processor shall notify the department, on
				  a form and in a manner prescribed by the department, within thirty days after
				  any change to the information previously submitted to the department pursuant
				  to section
				  11-37-42
				  or section
				  11-37-43.
(b) Notwithstanding subsection (a), if a
				  registered hemp processor intends to add a new hemp processing facility, the
				  hemp processor shall obtain prior approval from the department by submitting
				  the information required in section
				  11-37-42(a) (3) to
				  (6) to the department at least thirty
				  calendar days prior to the intended start date of the new hemp processing
				  facility. The hemp processor shall not engage in the processing of hemp at the
				  new facility until the department issues a new certificate of
				  registration.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 37 - HEMP PROCESSING AND HEMP PRODUCTS › Subchapter 5 - HEMP PROCESSORS - GENERAL › Section 11-37-50 - Hemp sourcing requirements

Current through June, 2024
(a) Hemp processors
				  shall obtain hemp only from a hemp producer holding a valid license issued by
				  the USDA pursuant to title 7 United States Codes section 1639q or by a state or
				  tribal agency administering a plan approved by the USDA pursuant to title
				  7 United States Code section
				  1639p.
(b) For all hemp not grown by the hemp
				  processor, the hemp processor shall maintain records demonstrating compliance
				  with subsection (a) in accordance with section
				  11-37-55.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 37 - HEMP PROCESSING AND HEMP PRODUCTS › Subchapter 5 - HEMP PROCESSORS - GENERAL › Section 11-37-51 - General hemp processing facility requirements

Current through June, 2024
(a) Hemp
				  processing facilities shall not be located within 500 feet of a pre-existing
				  playground, school, state park, state recreation area, residential
				  neighborhood, hospital, or daycare facility.
(b) A hemp processing facility shall:
(1) Be an enclosed indoor facility;
(2) Comply with all applicable zoning,
				  building, and fire codes; and
(3)
				  Be secured to prevent unauthorized entry and cross-contamination of or
				  unintended exposure to any hazardous by-products of hemp processing, including
				  but not limited to delta-9 tetrahydrocannabinol.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 37 - HEMP PROCESSING AND HEMP PRODUCTS › Subchapter 5 - HEMP PROCESSORS - GENERAL › Section 11-37-52 - Solvents and processing practices

Current through June, 2024
(a) Solvents used
				  in processing hemp shall be of the highest purity, with the minimum standard
				  being solvent intended to be safe for use in manufacturing a product for human
				  consumption.
(b) The following
				  solvents shall not be used in hemp processing:
(1) Benzene;
(2) Carbon tetrachloride;
(3) 1, 2-Dichloroethane;
(4) 1, 1-Dichloroethene; and
(5) 1, 1, 1-Trichloroethane.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 37 - HEMP PROCESSING AND HEMP PRODUCTS › Subchapter 5 - HEMP PROCESSORS - GENERAL › Section 11-37-53 - Storage of hemp, hemp products, and wastes

Current through June, 2024
Hemp, hemp products, and any toxic or otherwise hazardous
					 by-products of hemp processing, including but not limited to delta-9
					 tetrahydrocannabinol, shall be stored within a hemp processing facility that
					 meets the requirements of this subchapter and subchapter
					 6.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 37 - HEMP PROCESSING AND HEMP PRODUCTS › Subchapter 5 - HEMP PROCESSORS - GENERAL › Section 11-37-54 - Waste disposal

Current through June, 2024
Any hemp product or processing by-product that meets the
					 definition of marijuana in section
					 712-1240,
					 HRS, shall be disposed of in accordance with chapter
					 23-200.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 37 - HEMP PROCESSING AND HEMP PRODUCTS › Subchapter 5 - HEMP PROCESSORS - GENERAL › Section 11-37-55 - Recordkeeping

Current through June, 2024
(a) Records required by this chapter shall:
(1) Be kept as original records, true copies
				  (such as photocopies, pictures, scanned copies, microfilm, microfiche, or other
				  accurate reproductions of the original records), or electronic
				  records;
(2) Contain the actual
				  values and observations obtained during monitoring and verification
				  activities;
(3) Be accurate,
				  indelible, and legible;
(4) Be
				  created concurrently with performance of the activity documented;
(5) Be as detailed as necessary to provide
				  history of work performed; and
(6)
				  Include:
(A) Information adequate to identify
				  the facility (e.g., the name and, when necessary, the location of the
				  facility);
(B) The date and, when
				  appropriate, the time of the activity documented;
(C) The signature or initials of the person
				  performing the activity; and
(D)
				  Where appropriate, the identity of the product and the batch number.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 37 - HEMP PROCESSING AND HEMP PRODUCTS › Subchapter 5 - HEMP PROCESSORS - GENERAL › Section 11-37-56 - Standard operating procedures

Current through June, 2024
(a) A hemp
				  processor shall establish written processing and control standard operating
				  procedures (SOPs; for example, formulations, processing procedures, in process
				  control methods, packaging procedures, procedures for operating
				  equipment).
(b) Standard operating
				  procedures shall include provisions to ensure that:
(1) The selection, weighing, and measuring of
				  ingredients and the determination of finished yield are reviewed by a second
				  individual;
(2) Major equipment,
				  transfer lines, containers and tanks used for processing, holding, or filling
				  are identified to indicate contents, batch identification, stage of processing,
				  and control status;
(3) There are
				  appropriate measures to prevent contamination with microorganisms, chemicals,
				  filth, or other extraneous material;
(4) There are in-process controls to ensure
				  product uniformity, integrity (for example, in-process batch weights), accurate
				  fill of mixing containers, and adequacy of mixing;
(5) The theoretical yield for a production
				  batch is compared with the actual yield;
(6) The storage and handling of packaging
				  materials that are intended to come into direct contact with the product
				  prevent mix-ups and microbiological or chemical contamination; and
(7) Finished product packages bear permanent,
				  meaningful, unique batch numbers.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 37 - HEMP PROCESSING AND HEMP PRODUCTS › Subchapter 6 - PROCESSING PRACTICES AND PROCESSING FACILITY STANDARDS › Section 11-37-60 - Personnel

Current through June, 2024
(a) The management of a hemp processing
				  facility shall ensure that all individuals who manufacture, process, pack, or
				  hold hemp products are qualified to perform their assigned duties.
(b) Each individual engaged in manufacturing,
				  processing, packing, or holding hemp products (including temporary and seasonal
				  personnel) or in the supervision thereof shall:
(1) Be a qualified individual, as that term
				  is defined in section
				  11-37-2;
				  and
(2) Receive training in the
				  principles of hygiene and safety, including the importance of employee health
				  and personal hygiene, as appropriate to the hemp product, the facility, and the
				  individual's assigned duties.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 37 - HEMP PROCESSING AND HEMP PRODUCTS › Subchapter 6 - PROCESSING PRACTICES AND PROCESSING FACILITY STANDARDS › Section 11-37-61 - Facility and grounds

Current through June, 2024
(a) Grounds. The
				  grounds about a hemp processing facility under the control of the hemp
				  processor shall be kept in a condition that will protect against the
				  contamination of hemp products. The methods for adequate maintenance of grounds
				  shall include:
(1) Properly storing
				  equipment, removing litter and waste, and cutting weeds or grass within the
				  immediate vicinity of the facility that may constitute an attractant, breeding
				  place, or harborage for pests;
(2)
				  Maintaining roads, yards, and parking lots so that they do not constitute a
				  source of contamination in areas where hemp products or components are
				  exposed;
(3) Adequately draining
				  areas that may contribute contamination to hemp products or components by
				  seepage, foot-borne filth, or providing a breeding place for pests;
(4) Operating systems for waste treatment and
				  disposal in an adequate manner so that they do not constitute a source of
				  contamination in areas where hemp products or components are exposed;
				  and
(5) If the facility grounds are
				  bordered by grounds not under the hemp processor's control and not maintained
				  in the manner described in paragraphs (1) to (4), care shall be exercised in
				  the facility by inspection, extermination, or other means to exclude pests,
				  dirt, and filth that may be a source of contamination.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 37 - HEMP PROCESSING AND HEMP PRODUCTS › Subchapter 6 - PROCESSING PRACTICES AND PROCESSING FACILITY STANDARDS › Section 11-37-62 - Sanitary operations

Current through June, 2024
(a) General
				  maintenance. Buildings, fixtures, and other physical facilities shall be
				  maintained in a clean and sanitary condition and shall be kept in repair
				  adequate to prevent hemp products from becoming adulterated. Cleaning and
				  sanitizing of utensils and equipment shall be conducted in a manner that
				  protects against allergen cross-contact and against contamination of hemp
				  products, components, contact surfaces, or packaging materials.
(b) Substances used in cleaning and
				  sanitizing; storage of toxic materials.
(1)
				  Cleaning compounds and sanitizing agents used in cleaning and sanitizing
				  procedures shall be free from undesirable microorganisms and shall be safe and
				  adequate under the conditions of use. Compliance with this requirement may be
				  verified by any effective means, including purchase of these substances under a
				  letter of guarantee or certification or examination of these substances for
				  contamination. Only the following toxic materials may be used or stored in a
				  facility where hemp is processed or hemp products or components are exposed:
(A) Those required to maintain clean and
				  sanitary conditions;
(B) Those
				  necessary for use in laboratory testing procedures;
(C) Those necessary for facility and
				  equipment maintenance and operation; and
(D) Those necessary for use in the facility's
				  operations.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 37 - HEMP PROCESSING AND HEMP PRODUCTS › Subchapter 6 - PROCESSING PRACTICES AND PROCESSING FACILITY STANDARDS › Section 11-37-63 - Sanitary facilities and controls

Current through June, 2024
Each hemp processing facility shall be equipped with
					 adequate sanitary facilities and accommodations including:
(1) Water supply. The water supply shall be
				  adequate for the operations intended and shall be derived from an adequate
				  source. Any water that contacts hemp products, components, contact surfaces, or
				  packaging materials shall be safe and of adequate sanitary quality. Running
				  water at a suitable temperature, and under pressure as needed, shall be
				  provided in all areas where required for the processing of hemp products, for
				  the cleaning of equipment, utensils, and packaging materials, or for employee
				  sanitary facilities;
(2) Plumbing.
				  Plumbing shall be of adequate size and design and adequately installed and
				  maintained to:
(A) Carry adequate quantities
				  of water to required locations throughout the facility;
(B) Properly convey sewage and liquid
				  disposable waste from the facility;
(C) Avoid constituting a source of
				  contamination to hemp products, components, water supplies, equipment, or
				  utensils or creating an unsanitary condition;
(D) Provide adequate floor drainage in all
				  areas where floors are subject to flooding-type cleaning or where normal
				  operations release or discharge water or other liquid waste on the floor; and
(E) Provide that there is not
				  backflow from, or cross-connection between, piping systems that discharge
				  wastewater or sewage and piping systems that carry water for hemp product
				  manufacturing;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 37 - HEMP PROCESSING AND HEMP PRODUCTS › Subchapter 6 - PROCESSING PRACTICES AND PROCESSING FACILITY STANDARDS › Section 11-37-65 - Processes and controls

Current through June, 2024
(a) General.
(1) All operations in the manufacturing,
				  processing, packing, and holding of hemp products and components (including
				  receiving, inspecting, transporting, and segregating) shall be conducted in
				  accordance with adequate sanitation principles.
(2) Appropriate quality control operations
				  shall be employed to ensure that hemp products are suitable for consumption by
				  humans or animals or for topical application to the skin or hair, as
				  applicable, and that packaging materials are safe and suitable.
(3) Overall sanitation of the facility shall
				  be under the supervision of one or more competent individuals assigned
				  responsibility for this function.
(4) Adequate precautions shall be taken to
				  ensure that production procedures do not contribute to allergen cross-contact
				  or to contamination from any source.
(5) Chemical, microbial, or
				  extraneous-material testing procedures shall be used where necessary to
				  identify sanitation failures or possible allergen cross-contact and
				  contamination.
(6) All components
				  and in-process materials that have become contaminated to the extent that they
				  are adulterated shall be rejected, or if appropriate, treated or processed to
				  eliminate the contamination.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 37 - HEMP PROCESSING AND HEMP PRODUCTS › Subchapter 6 - PROCESSING PRACTICES AND PROCESSING FACILITY STANDARDS › Section 11-37-66 - Warehousing and distribution

Current through June, 2024
Storage and transportation of hemp products and components
					 shall be under conditions that will protect against allergen cross-contact and
					 against biological, chemical (including radiological), and physical
					 contamination of hemp products or components, as well as against deterioration
					 of the hemp product or component and the container.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 37 - HEMP PROCESSING AND HEMP PRODUCTS › Subchapter 7 - QUALITY CONTROL › Section 11-37-70 - Batch production and distribution records

Current through June, 2024
(a) Production
				  records shall document, for each batch of hemp product:
(1) Review of ingredient records to determine
				  if ingredients are adequately controlled;
(2) Ingredients (name, code, batch number,
				  quantity, etc.) added to the batch;
(3) Production steps (for example,
				  processing, handling, transferring, holding, and filling);
(4) In-process sampling, controlling, and
				  adjusting steps;
(5) Compliance
				  with or deviations from SOPs;
(6)
				  Detailed description of any deviations from standard procedures, justifications
				  for the deviations, and corrective measures taken;
(7) Any quality control review and
				  disposition decision and follow-up required by section
				  11-37-71;
				  and
(8) Batch
				  number.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 37 - HEMP PROCESSING AND HEMP PRODUCTS › Subchapter 7 - QUALITY CONTROL › Section 11-37-71 - Quality control review and disposition decisions

Current through June, 2024
(a) A hemp
				  processor shall establish and follow written standard operating procedures and
				  assign specific staff persons as quality control personnel to fulfill the
				  requirements of this section.
(b)
				  Quality control personnel shall conduct a review and make a disposition
				  decision if:
(1) A contaminant limit
				  established in section
				  11-37-23
				  is exceeded;
(2) Production of a
				  batch deviates from established standard operating procedures, including when
				  any step is not completed;
(3)
				  There is any unanticipated occurrence during the manufacturing operations that
				  adulterates or may lead to adulteration of a component, hemp product, or
				  packaging, or could lead to the use of an incorrect label;
(4) Calibration of an instrument or control
				  suggests a problem that may have resulted in a failure to ensure the quality of
				  a batch of a hemp product; or
(5) A
				  hemp product is returned.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 37 - HEMP PROCESSING AND HEMP PRODUCTS › Subchapter 7 - QUALITY CONTROL › Section 11-37-72 - Returned hemp products

Current through June, 2024
(a) Standard
				  operating procedures. A hemp processor shall establish and follow written
				  standard operating procedures to fulfill the requirements of this
				  section.
(b) Quarantine and
				  investigation of manufacturing processes. Returned hemp products shall be
				  identified and quarantined until quality control personnel conduct a review and
				  make a disposition decision as required by section
				  11-37-71.
(c) Destruction or other suitable disposal. A
				  hemp processor shall destroy, or otherwise suitably dispose of, any returned
				  hemp product unless the outcome of the review and disposition decision
				  conducted under section
				  11-37-71
				  is that quality control personnel:
(1)
				  Approve the salvage of the returned hemp product for redistribution;
				  or
(2) Approve the returned hemp
				  product for reprocessing.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 37 - HEMP PROCESSING AND HEMP PRODUCTS › Subchapter 7 - QUALITY CONTROL › Section 11-37-73 - Product complaints

Current through June, 2024
(a) A hemp
				  processor shall establish and follow written procedures to fulfill the
				  requirements of this section.
(b)
				  Review and investigation of product complaints. A qualified person shall:
(1) Review all product complaints to
				  determine whether the product complaint involves a possible failure of a hemp
				  product to meet any of the contaminant limits in section
				  11-37-23
				  or any other requirements of this chapter, including those requirements that,
				  if not met, may result in a risk of illness or injury; and
(2) Investigate any product complaint that
				  involves a possible failure of a hemp product to meet any of the contaminant
				  limits in section
				  11-37-23
				  or any other requirements of this chapter, including those requirements that,
				  if not met, may result in a risk of illness or injury.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 37 - HEMP PROCESSING AND HEMP PRODUCTS › Subchapter 7 - QUALITY CONTROL › Section 11-37-74 - Recalls

Current through June, 2024
(a) A hemp processor shall establish a
				  written recall plan for each hemp product.
(b) The written recall plan shall include
				  procedures that describe the steps to be taken, and assign responsibility for
				  taking those steps, to perform the following actions as appropriate to the
				  facility:
(1) Directly notify the direct
				  consignees of the product being recalled, including how to return or dispose of
				  the affected product;
(2) Notify
				  the public about any hazard presented by the product when appropriate to
				  protect public health;
(3) Conduct
				  effectiveness checks to verify that the recall is carried out; and
(4) Appropriately dispose of recalled product
				  (e.g., through reprocessing, reworking, diverting to a use that does not
				  present a safety concern, or destroying the product).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 37 - HEMP PROCESSING AND HEMP PRODUCTS › Subchapter 7 - QUALITY CONTROL › Section 11-37-75 - Recordkeeping for quality control

Current through June, 2024
(a) A hemp
				  processor shall establish and maintain the following records documenting
				  compliance with this subchapter:
(1) Written
				  procedures for quality control operations, including:
(A) Conducting a review and making a
				  disposition decision;
(B) Approving
				  or rejecting any reprocessing;
(C)
				  Identifying and investigating additional potentially implicated
				  batches;
(D) Handling of returned
				  hemp products, including procedures for quarantine, destruction or other
				  suitable disposal, and salvaging and reprocessing; and
(E) Reviewing and investigating product
				  complaints;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 39 - AIR CONDITIONING AND VENTILATING › Section 11-39-1 - Purpose

Current through June, 2024
These rules are adopted under chapter 91, HRS and implements
				  section
				  321-11(13),
				  HRS and the following objectives:
(1)
				Seek to assure the adequate and healthful design, construction, installation,
				and operation of comfort air conditioning and ventilating systems.
(2) Provide minimum ventilation
				requirements.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 39 - AIR CONDITIONING AND VENTILATING › Section 11-39-2 - Definitions

Current through June, 2024
As used in this chapter: "Designer" means a registered
				  architect or a professional engineer especially qualified in the mechanical
				  branch.
"Department" means the department of health of the State of
				  Hawaii.
"Director" means the director of the department of health or
				  a duly authorized agent or representative.
"Mechanical branch" means one of seven specialties in the
				  field of engineering in which a professional license is issued under chapter
				  464, HRS, and chapter 147, Title 12, Administrative Rules of the Board of
				  Professional Engineers, Architects, Surveyors, and Landscape Architects. Refer
				  to chapter 147, Title 12 for list of specialties.
"Permit" means a permit issued to a designer under this
				  chapter.
"Public buildings" mean any structure used in whole or in
				  part as a place or resort, assemblage, lodging, business, industry, trade,
				  traffic, occupancy or use by the public or by a segment of the public, or by
				  three or more tenants.
"Seal" means an identification stamp as an evidence of
				  registration as a professional architect or professional engineer especially
				  qualified in the mechanical branch by the State of Hawaii.
All technical definitions for this rule shall be governed by
				  the American Society of Heating, Refrigerating, and Air-Conditioning Engineers
				  Handbooks: Fundamentals, Equipment, Systems, and
				  Applications.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 39 - AIR CONDITIONING AND VENTILATING › Section 11-39-3 - References

Current through June, 2024
The following references shall be used as a guide for good
				  engineering practice:
(1) Handbooks of
				the ASHRAE (American Society of Heating, Refrigerating and Air-conditioning
				Engineers): Fundamentals (1981 edition), Equipment (1979 edition), Systems
				(1980 edition), and Applications (1982 edition).
(2) Safety Code for Mechanical Refrigeration,
				American National Standards Institute (ANSI) Standard ANSI/ASHRAE 15, 1978
				edition.
(3) Industrial Ventilation
				- Manual of Recommended Practice American Conference of Government Industrial
				Hygienists, 1980 edition.
(4)
				Standard for Ventilation for Acceptable Indoor Air Quality. ASHRAE Standard 62,
				1981 edition.
(5) Thermal
				Environmental Conditions for Human Comfort. ASHRAE Standard 55, 1981
				edition.
(6) NFPA (National Fire
				Protection Association) Standard 90A. Standard for the Installation of Air
				Conditioning and Ventilating Systems, 1978 edition.
(7) NFPA Standard 96. Removal of Smoke and
				Grease-Laden Vapors from Commercial Cooking Equipment, 1980 edition.
(8) SMACNA (Sheet Metal & Air
				Conditioning Contractors' National Association) low pressure duct construction
				standards, 1976 edition.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 39 - AIR CONDITIONING AND VENTILATING › Section 11-39-4 - General requirements

Current through June, 2024
The provisions of these rules apply when a comfort air
				  conditioning system or a ventilating system is to be installed in buildings
				  used or to be used as public buildings.
(1) New buildings. These rules apply to all
				new buildings. New buildings mean buildings, additions thereto and alterations
				thereof, for which plans have not been approved by the department previously or
				construction was not in progress prior to the effective date of these
				rules.
(2) Existing buildings.
				These rules apply to all alterations or improvements to existing buildings,
				including the replacement of any major apparatus or device related to air
				conditioning or ventilating systems. Existing buildings mean buildings,
				additions thereto and alterations thereof, structurally completed or for which
				plans have been approved by the department and construction is in progress
				prior to the effective date of these rules.
(3) Change in use. These rules apply to every
				building, or portion of a building, devoted to new use for which the
				requirements under these rules are more stringent than the requirements
				covering the previous use.
(4)
				Design and preparation of plans. All plans and data on air conditioning and
				ventilating systems shall be prepared by or under the direct supervision of a
				"designer." All air conditioning installations shall be designed and installed
				to provide proper comfort as defined in ASHRAE Standard 55, unless constrained
				by laws of the United States of America or the State of Hawaii for reasons of
				conservation of energy.
(5)
				Refrigeration system. The entire installation of refrigeration in connection
				with air conditioning shall be in accordance with good engineering practice and
				the provisions of ANSI/ASHRAE 15.
(6) User's responsibility. All users shall
				maintain air conditioning and ventilating systems in good working order and
				shall operate them so as to provide acceptable atmospheric conditions in the
				enclosure during all periods of occupancy.
(7) Provisions for cleanliness. All parts of
				installations and equipment which house or handle air used for ventilating
				purposes shall be designed so as to facilitate sanitary maintenance
				thereof.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 39 - AIR CONDITIONING AND VENTILATING › Section 11-39-5 - Exemptions

Current through June, 2024
These rules do not apply to the types of systems named
				  below.
(1) Units of four and
				one-fourth tons refrigeration (fifteen kilowatt) cooling capacity or less are
				exempt from § 11-39-6 provided that they are not part of a multiple
				installation, with a combined capacity greater than four and one-fourth tons
				(fifteen kilowatt) furnished to ventilate any room or similar single enclosure;
				all other sections of this rule shall remain applicable to units of four and
				one-fourth tons (fifteen kilowatt) or less.
(2) Ventilating systems including multiple
				installation with a total of two thousand one hundred cubic feet per minute
				(one thousand litres per sec) capacity or less are governed by these rules but
				no permit is required.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 39 - AIR CONDITIONING AND VENTILATING › Section 11-39-6 - Permit

Current through June, 2024
(a) No person shall install, alter, or
				operate an air conditioning or ventilating system without first obtaining from
				the department a valid permit covering the specific installation, alteration,
				or operation.
(b) Form 1,
				Application for Permit, dated July 1981, located at the end of this chapter
				shall be used as a permit application form and permit.
(c) Revocation, suspension, or denial of
				permit. The department may on its own motion, or on the complaint of any
				person, revoke, suspend, or deny a permit after notifying the permittee or
				applicant and offering him an opportunity to be heard. Revocation, suspension,
				or denial of a permit shall be grounded on a violation of this
				chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 39 - AIR CONDITIONING AND VENTILATING › Section 11-39-7 - Design conditions

Current through June, 2024
(a) Outside and
				inside design conditions. The following design conditions shall be used for air
				conditioning systems which will be operated at near maximum load in daylight
				hours, at elevations below three thousand two hundred eighty-one feet (one
				thousand metres) above sea level:
OUTSIDE
INSIDE
Dry Bulb
Wet Bulb
Dry Bulb
Relative Humidity
87°F (30.6°C) or higher
75°F (23.9°C) or higher
78°F (25.6°C) or lower
60% or lower
By special application to the director the above conditions
				  may be modified for systems whose loads peak at times when outdoor temperature
				  is much lower than daily maximum or systems at higher altitudes, and in this
				  case design condition shall be as agreed between the designer and the
				  director.
(b) Design
				cooling load. Minimum allowances to be made in estimating the net instantaneous
				heat gains in a building shall be in accordance with good engineering
				practice.
(c) Infiltration.
				Infiltration air volume rate and the sensible and latent heat gains therefrom
				shall be determined for air conditioning systems; and where calculated
				infiltration rate differs from required outdoor air rate, the larger quantity
				shall be used for calculating the cooling load.
(d) Control. Provision for reasonable control
				of temperature shall be made for all air conditioning systems.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 39 - AIR CONDITIONING AND VENTILATING › Section 11-39-8 - Outdoor air supply

Current through June, 2024
(a) The outdoor air
				shall be taken from a clean, uncontaminated source.
(b) Outdoor air shall be ducted to the air
				conditioning or ventilating apparatus, or mixed with recirculating air in a
				plenum. Wherever the outdoor air duct is not connected to the apparatus, the
				mixing plenum shall be properly engineered and free from air contamination
				sources.
(c) All outdoor air
				intakes shall be screened and shall be located as far as possible from stacks
				and vent outlets, but this distance shall in no case be less than twelve feet
				(three and five-tenths metres). Domestic clothes dryer vents shall not be
				considered as outlets for this purpose. The distance in each case shall be
				sufficient to prevent the discharged air from entering the outdoor air intake.
(1) All outdoor air intakes shall be located
				to be readily accessible for cleaning and shall be kept in a clean and sanitary
				condition.
(2) Openings for outdoor
				air intake shall be designed so that the air face velocity at the intake does
				not exceed one thousand feet per minute (five metres per second).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 39 - AIR CONDITIONING AND VENTILATING › Section 11-39-9 - Air movement, distribution, recirculation, and removal

Current through June, 2024
(a)
				Air movement and distribution and outdoor air supply shall be maintained
				without interruption during occupied hours in accordance with good engineering
				practice. Proper provision for balancing air distribution shall be made both in
				duct design and air distribution device application. Air-handling units shall
				operate continuously, that is without interruption, while the space is occupied
				except as provided in ASHRAE Standard 62.
(b) Air may be recirculated except where not
				permitted for hospitals and medical facilities and except, that no air from
				rooms with obnoxious or offensive odors or which is contaminated by other than
				human occupancy shall be used for recirculation or for the ventilation of
				another room or enclosure.
(c)
				Adequate provisions shall be made for air removal from the enclosure by
				exfiltration or by natural or mechanical exhaust. Motivating force, location of
				outlets and the volume of air removed through each identified outlet shall be
				shown on the plans.
(1) Air from occupied
				areas Uncontaminated by other than human occupancy and without odor may be
				discharged into corridors thence ventilated through toilet rooms or other
				auxiliary rooms.
(2) Exhaust
				systems serving toilet rooms or other places with which odors or similarly
				offensive conditions are associated shall have negative air pressure.
(3) Kitchen exhausts shall not be combined on
				the same ducts or fans or with any other exhausts. Clothes dryer exhausts may
				be combined with toilet exhausts.
(4) In a building higher than one floor,
				where toilets or kitchens on more than one floor are served by the same exhaust
				fan, the fan shall be continuously operated during periods when the building is
				occupied.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 39 - AIR CONDITIONING AND VENTILATING › Section 11-39-10 - Hospitals and medical facilities

Current through June, 2024
Air conditioning systems used in hospitals and other medical
				  facilities including long-term care facilities such as nursing homes, chronic
				  disease hospitals and extended care facilities, health centers and medical
				  laboratories shall be designed in accordance with the requirements of the
				  ASHRAE Handbook referenced in §
									11-39-3(1) and
				  shall conform to the Minimum Requirements of Construction & Equipment for
				  Hospital & Medical Facilities as published by the U. S. Department of
				  Health and Human Services (Publication No. HRA 79-14,500, U. S. Government
				  Printing Office 1978).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 39 - AIR CONDITIONING AND VENTILATING › Section 11-39-11 - Air filtration apparatus

Current through June, 2024
(a) Filters or
				approved air cleaning devices shall be installed in connection with all air
				conditioning systems. This requirement shall apply to all air handled except
				exhaust air.
(b) Requirements of
				air purity with regard to dust contained therein shall be assumed to be met if
				satisfactory and dependable means are provided for removal of particulate
				matter as follows, for other than hospital-type occupancies:
(1) ASHRAE weight arrestance (where
				applicable to filter type) shall exceed fifty per cent and ASHRAE dust spot
				efficiency shall exceed ten per cent, for filters of all air conditioning
				systems and mechanical ventilation supply systems.
(2) For air conditioning apparatus other than
				terminal units serving a single room or a single residential apartment ASHRAE
				weight arrestance shall exceed seventy-five per cent (where applicable to
				filter type), and ASHRAE dust spot efficiency shall exceed fifteen per
				cent.
(3) For hospital-type
				occupancies, filter efficiencies shall conform to § 11-39-10.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 39 - AIR CONDITIONING AND VENTILATING › Section 11-39-12 - Systems for ventilating only

Current through June, 2024
(a) Ventilating
				systems within the scope of these rules shall provide the required ventilation
				service for all occupied areas for which such form of ventilation is to be
				used. Systems shall comply with all applicable provisions hereinbefore listed.
				Ventilation air quantities shall be guided by ASHRAE Standard 62. Filtration
				shall be applied to mechanical ventilation supply or make-up air.
(b) Ventilation for restaurant cooking
				equipment.
(1) Ventilation for restaurant
				cooking equipment shall be guided by NFPA Standard 96.
(2) Where the designer prefers not to exhaust
				above the highest roof, and higher than any adjacent roof at the property line,
				a grease vapor collector, exhaust fan, and fire barrier system approved by a
				nationally-recognized testing agency, may be used instead, provided the
				designer furnishes details in his permit application, the installation is in
				accordance with the agency's approval.
(3) Hood and duct design shall be indicated
				on plans, to scale, with exhaust air and filtered make-up air quantities
				indicated.
(4) Hood design shall
				conform to figure 1 dated July 1981 and figure 2 dated July 1981 located at the
				end of this chapter; or design computations or test results satisfactory to the
				director shall be provided.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 39 - AIR CONDITIONING AND VENTILATING › Section 11-39-13 - Garage ventilation

Current through June, 2024
Ventilation for enclosed automobile parking garages shall be
				  guided by the following:
(1) Each
				story or level of a parking garage shall be mechanically ventilated unless all
				of the following requirements are met:
(A)
				More than half the wall area is open, in a wall length of at least (forty per
				cent) the perimeter;
(B) There is
				no parking attendant or other employee normally working in the space;
				and
(C) There is no such unusual or
				irregular shape of the story or level that the majority of the area would
				usually not receive natural air motion.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 39 - AIR CONDITIONING AND VENTILATING › Section 11-39-14 - Right to inspect

Current through June, 2024
The director, upon showing credentials, shall be granted
				  entrance to any building premises at any reasonable hour and permitted to
				  inspect or reinspect or to otherwise investigate an air conditioning or
				  ventilating system or any of its component parts or the conditions resulting
				  therefrom for compliance with the provisions of this chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 39 - AIR CONDITIONING AND VENTILATING › Section 11-39-15 - Variation

Current through June, 2024
If the director finds that there are great practical
				  difficulties or unnecessary hardships in complying with these rules, the
				  director may make a variation or temporarily set aside such requirements if the
				  spirit of the provision shall be observed and public health, safety, and
				  welfare assured. If the director permits such variation, it shall apply to all
				  buildings, installations, or conditions where the facts are substantially the
				  same. A file of such variations shall be maintained in the department and this
				  file shall be periodically reviewed for the purpose of improving the rules and
				  keeping them current.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 39 - AIR CONDITIONING AND VENTILATING › Section 11-39-16 - Penalty for violation

Current through June, 2024
(a) Any person
				violating any provision of this chapter shall be subject to the penalties
				specified in section
				321-18, HRS.
(b) Any permittee or permit applicant
				violating any provision of this chapter shall be subject to permit revocation,
				suspension, or denial.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 39 - AIR CONDITIONING AND VENTILATING › Section 11-39-17 - Severability

Current through June, 2024
If any provision of this chapter, or the application thereof
				  to any person or circumstance is held invalid, the invalidity does not affect
				  other provisions or applications of the chapter which can be given effect
				  without the invalid provision or application, and to this end the provisions of
				  this chapter are severable.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 41 - LEAD-BASED PAINT ACTIVITIES › Section 11-41-1 - Scope, applicability, and general requirements

Current through June, 2024
(a)
				This chapter contains procedures and requirements for the accreditation of
				lead-based paint activities training programs, procedures and requirements for
				the certification of individuals and firms engaged in lead-based paint
				activities, and work practice standards for performing such activities.
This chapter also requires that, except as discussed below,
				  all lead-based paint activities, as defined in this chapter, be performed by
				  certified individuals and firms.
(b) This chapter applies to all individuals
				and firms who are engaged in lead-based paint activities as defined in section
				11-41-2, except persons who
				perform these activities within residential dwellings that they own, unless the
				residential dwelling is occupied by a person or persons other than the owner or
				the owner's immediate family while these activities are being performed, or a
				child residing in the building has been identified as having an elevated blood
				lead level.
(c) While this chapter
				establishes specific requirements for performing lead-based paint activities
				should they be undertaken, nothing in this chapter requires that the owner or
				occupant undertake any particular lead-based paint activity.
(d) All persons engaging in lead-based paint
				activities shall make available to the department records pursuant to these
				rules. Copies of such records shall be submitted to the department upon
				request.
(e) The department may
				impose upon any person such requirements as it deems appropriate or necessary
				to minimize danger to public health and safety or property.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 41 - LEAD-BASED PAINT ACTIVITIES › Section 11-41-2 - Definitions

Current through June, 2024
As used in this chapter:
"Abatement" means any measure or set of measures designed to
				  permanently eliminate lead-based paint hazards. Abatement includes, but is not
				  limited to:
(1) The removal of paint
				and dust, the permanent enclosure or encapsulation of lead-based paint, the
				replacement of painted surfaces or fixtures, or the removal or permanent
				covering of soil, when lead-based paint hazards are present in such paint,
				dust, or soil; and
(2) All
				preparation, cleanup, disposal, and post-abatement clearance testing activities
				associated with such measures.
(3)
				Specifically, abatement includes, but is not limited to:
(A) Projects for which there is a written
				contract or other documentation, which provides that an individual or firm will
				be conducting activities in or to a residential dwelling or child-occupied
				facility that:
(i) Shall result in the
				permanent elimination of lead-based paint hazards; or
(ii) Are designed to permanently eliminate
				lead-based paint hazards, and are described in paragraphs (1) and (2) of this
				definition;