reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 3 - WATERWAYS › Section 19-42-88 - Control of vessel movement in Honolulu Harbor and Barbers Point Harbor

Current through June, 2024
Tugs with or without tows and all other vessels more than
					 sixty-five feet in length or exceeding three hundred gross tons shall advise
					 the Aloha Tower marine traffic controller of all moves into, within, or
					 departing Honolulu Harbor or Barbers Point Harbor giving destination. All such
					 vessels shall operate under the direction of the Aloha Tower marine traffic
					 controller, pursuant to instructions issued by the harbor master or the harbor
					 master's authorized representative. Inter-island tugs with tows shall also
					 advise the Aloha Tower marine traffic controller of their voyage number and
					 identify each barge they have in tow.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 3 - WATERWAYS › Section 19-42-89 - Priorities and scheduling of vessel movements in Honolulu Harbor and Barbers Point Harbor

Current through June, 2024
(a) Preference in
				  the use of piers 1A, 1B, 51 A, 51C, 52A, 52B and 53 in Honolulu Harbor shall be
				  given to vessels loading or unloading shipping containers.
(b) Priorities for vessel movements other
				  than for tsunamis and unless otherwise authorized by the harbor master shall be
				  as follows:
(1) United States Coast Guard and
				  other government vessels, when responding to emergencies;
(2) The harbor shall be closed to other
				  traffic for an adequate time to permit the safe arrival or departure of
				  passenger vessels. Passenger vessels shall have priority for the use of piers
				  8-11;
(3) The following types of inbound vessels
				  scheduled to load or discharge cargo upon arrival:
(A) Cargo vessels;
(B) Tugs and tows; or
(C) Tankers;
(4) Shift of cargo vessels when required for
				  further cargo handling;
(5)
				  Outbound vessels with inter-island cargo;
(6) Outbound vessels departing for Pearl
				  Harbor;
(7) Incoming vessels
				  arriving for repairs or bunkers; and
(8) All others.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 3 - WATERWAYS › Section 19-42-90 - Vessels at anchor offshore required to be staffed

Current through June, 2024
Vessels anchored offshore shall be staffed by a competent
					 crew and be capable of getting underway.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-101 - Conflict of provisions

Current through June, 2024
This subchapter shall not be construed to limit the power
					 and authority of any other state or federal agency. If any of these provisions
					 are in conflict with any rule adopted by any state or any federal agency the
					 rule more severe in discipline shall prevail.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-102 - Fire alarm

Current through June, 2024
In the event of fire occurring on board any vessel in
					 ports under control of the department, except vessels under way such vessels
					 shall sound five prolonged blasts of the whistle or siren as an alarm
					 indicating fire on board or at the dock to which the vessel is moored. The
					 signal may be repeated at intervals to attract attention and is not a
					 substitute for, but shall be used in addition to other means of reporting a
					 fire. The words "prolonged blast" means a blast from four to six seconds
					 duration. This signal shall not be used for other purposes.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-103 - Vessel loaded with explosives

Current through June, 2024
No vessel containing more than five hundred pounds of
					 Class A, one ton of Class B, [and] or ten tons of Class C explosives (net
					 explosive content) shall enter or be loaded in any harbor in the State except
					 on prior written permission of the harbor master of the district concerned, or
					 the director. The harbor master or the director shall set forth the specific
					 berth to be used and any special instructions to be followed. No Class A
					 explosives, as defined by the United States Coast Guard in its regulations in
					 existence as of June 1, 1993, will be admitted in any harbor in quantities in
					 excess of the limitations established by the United States Coast Guard for the
					 various harbors unless otherwise authorized by the director in writing. Other
					 cargo may not be moved concurrently with Class A explosive
					 cargo.
See also §
												19-42-8
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-104 - Handling of explosives

Current through June, 2024
All handling and loading or unloading of explosives shall
					 be done in a safe and careful manner and shall be in accordance with the
					 federal regulations pertinent thereto in force at the time. Explosives shall be
					 off-loaded prior to the off-loading of any other cargo.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-105 - Hauling of explosives

Current through June, 2024
All hauling of explosives away from or to the pier shall
					 be done in a safe and careful manner and shall be in accordance with rules of
					 the state department of labor and industrial relations.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-106 - Containers for flammable liquids

Current through June, 2024
No empty containers which have been used to hold flammable
					 liquids shall be delivered onto any wharf or structure under control of the
					 department unless the same are securely closed with metal screw plugs. Any such
					 containers shall be delivered onto a wharf or structure only at such times as a
					 carrier is prepared to take immediate delivery.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-107 - Nitrate of soda, nitrate of ammonia, sulphur, or other similar materials

Current through June, 2024
(a) No nitrate of soda, nitrate of ammonia,
				  sulphur, or other similar material shall be stored or left upon any wharf for
				  more than four hours unless packed in sound and non-leaking containers. Such
				  material shall be under the continuous care of a competent guard satisfactory
				  to the harbor master until removed. The cost of such guard shall not be borne
				  by the department.
(b) Masters,
				  owners, or agents of vessels or consignees of cargoes of nitrate of soda,
				  sulphur, or other similar materials during the process of loading, unloading,
				  and removing such cargoes, must at all times keep the wharf swept clean and
				  free of such materials.
(c) If
				  loose nitrate of soda, sulphur, or other similar material is to be discharged
				  onto or loaded from any wharf or structure at any harbor it shall be placed
				  directly into the carrier and immediately removed. A protective device approved
				  by the harbor master shall be used during the period of loading or unloading to
				  prevent the material being handled from falling upon the wharf
				  structure.
(d) During the process
				  of handling nitrate of soda, sulphur, or other similar material on any wharf at
				  any harbor under control of the department it shall be obligatory on the part
				  of the master, owners, or agents of a vessel to provide containers of not less
				  than fifty gallons capacity filled with a solution of nitrate of soda and water
				  at distances of not more than fifty feet apart, with suitable buckets placed
				  alongside each container, for the purpose of fighting any fire which may occur
				  in such cargo.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-108 - Dangerous acids; electric storage batteries

Current through June, 2024
Acids of a dangerous character such as sulphuric,
					 muriatic, and nitric acids shall be removed from the wharf immediately upon
					 discharge from any vessel and no such acid shall be put upon a wharf under
					 control of the department for shipment until the carrier is ready to receive
					 it. Prior permission of the harbor master shall be secured in the event it
					 becomes necessary to handle such cargo at other times.
Electric storage batteries containing electrolyte or
					 corrosive battery fluid of non-spillable type, protected against short circuits
					 and completely and securely boxed, shall be exempt from this
					 provision.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-109 - Flammable substances; leaky containers

Current through June, 2024
No gasoline, distillate, kerosene, benzene, naphtha,
					 turpentine, paints, oils, or other flammable substances in leaky containers
					 shall be delivered onto any wharf under control of the department for shipment.
					 All such substances unloaded from any vessel in leaky containers shall be
					 removed immediately.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-110 - Heating combustibles on vessels

Current through June, 2024
No combustible material such as pitch, tar resin, or oil
					 shall be flame heated on board any vessel within the harbors or streams of the
					 State without the permission of a harbor master.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-111 - Fumigation of vessel

Current through June, 2024
No vessel shall be fumigated or smoked at any wharf under
					 control of the department without the prior permission in writing from the
					 director, the chief, or the harbor master. If fumigation is to be with cyanogen
					 products or hydrocyanic acid gas in any form, however generated, the applicant
					 or applicant's agent shall be in possession of a permit as required by state
					 department of health rules and shall have a guard on duty so long as any danger
					 exists, in order that no one, unless properly entitled to do so, be allowed to
					 board such vessel.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-112 - Use of fuel burning steam generating appliances

Current through June, 2024
All fuel burning steam generating appliances when used on
					 any wharf under control of the department or on any scow, pile driver, or other
					 vessel working alongside or near any wharf under control of the department
					 shall be equipped with spark arresters satisfactory to the harbor master. At
					 the close of each day's work all ashes, cinders, waste, or other deposits
					 caused by such appliances upon any wharf shall be promptly removed and shall
					 not be disposed of in or upon the waters of the harbor.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-113 - Repair, manufacturing, construction, or maintenance work on wharf

Current through June, 2024
No person shall make any repair or do any kind of
					 manufacturing, construction, or maintenance work on any wharf without the
					 permission of the harbor master.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-114 - Smoking prohibited

Current through June, 2024
Smoking is positively prohibited at all times within any
					 cargo shed, or upon any wharf apron, and during the time cargo is being loaded,
					 unloaded, or stored on any unshedded pier under control of the department, and
					 no person shall enter into, stand in, or under, or pass through any such wharf
					 or structure with a lighted pipe, cigar, cigarette, match, fire, or any flame
					 of whatever nature, excepting only within those areas designated by the harbor
					 master and plainly marked "Smoking Area". No smoking or lighting of a match or
					 any other fire-creating device shall be permitted within fifty feet of any
					 fueling operation.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-115 - Use of explosives

Current through June, 2024
The use of explosives on land, on any wharf, or in a shed
					 or other structure under control of the department, or in the water in the
					 immediate vicinity of the same, without the written approval of the harbor
					 master is strictly prohibited.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-116 - Keeping wharf in sanitary condition and clear of fire hazard

Current through June, 2024
Vessel owners, charterers, agents or private terminal
					 operators utilizing wharves and sheds under the control of the department for
					 the handling of merchandise shall keep such wharves and sheds in a clean and
					 sanitary condition, clear of materials which create a fire hazard and shall
					 ensure that passageways and established fire lanes are not
					 obstructed.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-117 - Standards of cleanliness

Current through June, 2024
All vessels moored at a state-owned mooring or berthing
					 facility shall be kept, at all times, in a condition of reasonable cleanliness
					 and sanitation so as not to constitute a common nuisance or potential source of
					 danger to public health.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-118 - Charges for cleaning wharves

Current through June, 2024
In cases where the department takes over the cleaning of
					 wharves the charge therefor shall be assessed against the vessel which is
					 responsible for the necessity of cleaning.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-119 - Identification of mobile equipment

Current through June, 2024
All mobile equipment used on any property under the
					 control of the department in connection with the handling of cargo or shipping
					 containers, such as fork lifts, cranes, tractors and straddle trucks, shall be
					 clearly identified as to the owner thereof.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-120 - Load limits on wharves

Current through June, 2024
(a) Loads on
				  wharves shall not exceed the following limits unless otherwise authorized:
(1) All reinforced concrete wharves: five
				  hundred pounds per square foot over the area supported by piles, cylinders or
				  seawall. One thousand pounds per square foot over the area supported by land or
				  fill. The five hundred pounds per square foot load limit applies to all
				  reinforced concrete wharves in general. Wharves and special wharf sections with
				  higher allowable load limits will be handled individually as covered in
				  subsection (b) of this section.
(2)
				  All other wharves: two hundred fifty pounds per square foot over the area
				  supported by piles and wooden structure. One thousand pounds per square foot
				  over the area supported by land or fill.
(3) Operation and movement of motor vehicles
				  and heavy equipment, including mobile cranes and drayage assemblies, over all
				  reinforced concrete wharves: Vehicle or equipment gross weights, axle loads,
				  wheel loads and applied loads from outriggers and supports shall not exceed the
				  limits established in paragraph (1).
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-121 - Fowl, animal, or livestock

Current through June, 2024
No fowl, animal, or livestock of any kind shall be allowed
					 to remain on any wharf under control of the department for a period longer than
					 six hours without being properly fed and watered. After any fowl, animal, or
					 livestock shall have been unloaded on a state wharf it shall be removed from
					 same within twenty-four hours. No shipment of such fowl, animal, or livestock
					 subject to quarantine shall be unloaded on a state wharf by any shipping
					 company or its agents unless first passed by the state department of
					 agriculture or unless arrangements have been made for acceptance for
					 quarantine. All such fowl, animal, or livestock requiring quarantine shall be
					 removed from the wharf within eighteen hours. All expenses incurred in the care
					 and maintenance of such fowl, animal, or livestock while on a state wharf shall
					 be paid by the consignee thereof and shall constitute a lien upon same until
					 such charges are paid.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-122 - Private use of state harbor property or facilities; business activities; signs

Current through June, 2024
(a) No regular or
				  extensive use of any state harbor property or facility for private gain or
				  purpose shall be permitted without corresponding and reasonable benefits and
				  returns to the public,
(b) No
				  person shall engage in any business or commercial activity at any state harbor
				  without the prior written approval of the department. Without limiting its
				  generality, the term "engage in any business or commercial activity" as used in
				  this section includes (1) solicitation, and (2) distribution of advertisement
				  or circulars, intended for private gain or purpose,
(c) No person shall post or display any signs
				  at any state harbor without the prior written approval of the department,
				  except that approval will not be required for the posting or displaying of any
				  sign on a vessel which relates solely to the sale of such vessel if the maximum
				  dimension of such sign does not exceed three feet.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-123 - Placement of goods and equipment

Current through June, 2024
Any person handling goods or using equipment on a wharf or
					 within a shed under control of the department or bringing goods thereon or
					 therein for shipment, shall place, store, or stack such goods or equipment in
					 such a way as not to be an impediment to the approaches to same nor an obstacle
					 to the removal of other goods, not to cause damage to the shed or wharf. No
					 goods shall be so placed as to restrict or prevent the use of mooring bitts,
					 cleats, or any other device used for mooring purposes. No goods shall be so
					 placed as to restrict or prevent the use of tracks, water connections, fire
					 hydrants, gutters, liquid connections or drains, telephone or electric
					 connections.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-124 - Closing of wharves for safety reasons

Current through June, 2024
The harbor master may close the wharves or any portion
					 thereof and regulate and control the use of the same whenever in the harbor
					 master's opinion it is advisable to do so for reasons of safety, fire
					 prevention, or probable interference with cargo handling or vessel operations.
					 No person shall enter upon any wharf so closed without the permission of the
					 harbor master.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-125 - Liability for damage to or loss of merchandise and cargo

Current through June, 2024
(a)
				  The department shall not be liable for any damage to or loss of merchandise or
				  other property on any wharf under its control.
(b) It shall be the responsibility of
				  shipping concerns or their agents to exert every effort to protect cargo from
				  the effect of weather conditions while same is stored on state wharves. This
				  responsibility shall include the proper closing of all openings such as outside
				  doors and windows, and the placing of cargo on pallets or dunnage so that it
				  will not be damaged by moisture from the shed floors. Unless the above
				  precautions are taken and unless carelessness on the part of department
				  employees can be shown, no claim for damaged cargo due to inclement weather
				  shall be considered.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-126 - Littering or polluting land areas prohibited

Current through June, 2024
(a) No person shall
				  throw, place, leave, deposit or abandon, or cause or permit to be thrown,
				  placed, left, deposited or abandoned any litter within a state harbor, except
				  in receptacles designated by the department for the disposal of such materials.
				  "Litter" as used in this section includes any and all types of debris and
				  substances, whether liquid or solid, and materials such as garbage, refuse,
				  rubbish, glass, cans, bottles, paper, wrappings, fish or animal carcasses or
				  any other substances which render harbor lands or facilities unsightly, noxious
				  or otherwise unwholesome to the detriment of the public health and welfare and
				  effective and safe operation of the harbor.
(b) No person shall deposit oil, oily refuse,
				  sludge, chemicals or other hydrocarbons on state property except in specially
				  designated collection points. These items may not be left in or near standard
				  refuse containers or anywhere else on harbors property. Penalties, including
				  but not limited to the revocation of mooring permits and the right to use the
				  facilities, may be invoked.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-127 - Littering or polluting of water prohibited

Current through June, 2024
No person shall place, throw, deposit, or discharge, or
					 cause to be placed, thrown, deposited, or discharged into the waters of any
					 harbor, river or shore waters of the State any litter, or other gaseous, liquid
					 or solid materials which render the water unsightly, noxious or otherwise
					 unwholesome so as to be detrimental to the public health and welfare or a
					 navigational hazard. No person shall discharge oil sludge, oil refuse, fuel oil
					 or molasses either directly or indirectly, or pump bilges or ballast tanks
					 containing other than clean water into the waters of any harbor, river or into
					 any shore waters in the State.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-128 - Disposal or salvage of derelict craft

Current through June, 2024
When any owner, agent or individual contemplates or plans
					 the disposal or salvage of a derelict craft, vessel or other object of any
					 size, type or description, by transporting across, within or on navigable
					 waters, whether a part or whole craft or whether a floating or suspended object
					 of any sort which might, if sunk, lost or abandoned in the harbors, channels or
					 shore waters, become a hazard to navigation, to dredging or to other operation
					 of state or federal government, or the public in those waters, that person
					 shall obtain the written permission of the harbor master before taking such
					 action.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-129 - Duty of persons who lose, drop, or abandon any floating or sinking object

Current through June, 2024
Should any owner, operator, charterer, agent, or
					 individual, without permission of the harbor master, lose, sink, drop, or
					 abandon any floating or sinking object in or on the navigable waters and shore
					 waters of the State, that person shall immediately notify the harbor master and
					 shall immediately take such action as is necessary for removal of the object.
					 Upon failure on the part of the owner, operator, charterer, agent or individual
					 to remove such object the department will take such actions through federal or
					 commercial channels as are necessary for such removal and will charge all costs
					 incurred by the department in effecting the necessary removal to the owner. The
					 harbor master may require the posting of a bond to assure
					 payment.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-130 - Approved backflow prevention device required for water supply system

Current through June, 2024
No person shall connect a vessel's water supply system,
					 siphon or other water-operated device, equipment or mechanism connected to the
					 water supply system or operate any water-operated device, equipment or
					 mechanism connected to the water supply system, unless an approved backflow
					 prevention device has been installed at the faucet or other point of
					 connection. An "approved backflow prevention device" means a backflow
					 prevention device that meets the requirements contained in Standard 1001,
					 American Society of Sanitary Engineers as it existed on June 1, 1993, or the
					 Uniform Plumbing Code adopted by the International Association of Plumbing and
					 Mechanical Officials (IAPMO) and as it existed on June 1,
					 1993.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-131 - Dumping of materials at sea

Current through June, 2024
(a) When any owner,
				  agent or individual contemplates the dumping of sinkable materials at sea by
				  hauling across, within or on the navigable and/or shore waters of the State
				  that person shall notify and obtain the permission of the department as
				  specified in sections 19-42-161 and 19-42-162 prior to movement and shall not
				  fail to perform any duty imposed thereby. All dumping at sea of sinkable
				  objects or materials shall be done in the areas designated by the Secretary of
				  the Army for such disposal and in accordance with the Corps of Engineers
				  requirements and applicable state agency requirements.
(b) The dumping of floating objects is
				  strictly prohibited.
Refer to Corps of Engineers, U.S. Army, for information
						concerning location of designated areas for dumping at sea and for
						requirements.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-132 - Waste outlets; permit required

Current through June, 2024
Notwithstanding the issuance of a permit pursuant to
					 section 19-42-161 no person shall do any
					 of the following within a state commercial harbor without first having obtained
					 a permit from the state department of health (not applicable to
					 vessels):
(1) Discharge any wastes
				  from shore into the waters of a state commercial harbor so as to reduce the
				  quality of the water below the standards of water quality adopted for such
				  waters by the state department of health.
(2) Construct, install, modify, alter, or
				  operate any treatment works or part thereof or any extension or addition
				  thereto which discharges from shore into the waters of a state commercial
				  harbor.
(3) Construct or use any
				  new outlet for the discharge of any wastes from shore into the waters of a
				  state commercial harbor.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-133 - Loading or unloading of flammable liquids

Current through June, 2024
Loading or unloading of flammable liquids shall be in
					 strict accordance with applicable federal laws and
					 regulations.
See 33 C.F.R.
						§126.15(o).
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-134 - Appliances and electrical wiring

Current through June, 2024
Loading or unloading of flammable liquids shall be in
					 strict accordance with applicable federal laws and
					 regulations.
See
						33
						C.F.R.
						§126.15(o).
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-135 - Fire extinguishing equipment for small craft

Current through June, 2024
Any small craft utilizing the waters of a
					 state commercial harbor shall be provided with approved fire extinguishers as
					 prescribed in the applicable provisions of the state boating rules of the
					 department of land and natural resources. The fire extinguishers shall at all
					 times be maintained in good and serviceable condition for immediate and
					 effective use and shall be mounted on wall brackets so located as to be readily
					 accessible. In addition, if any person is living aboard any small craft or
					 contrivance, which is not a visiting small craft temporarily using the harbor,
					 the small craft or contrivance shall be equipped with at least one approved
					 hand portable fire extinguisher containing ten pounds of dry chemicals placed
					 on each separate level or floor of habitable living space. Each extinguisher
					 shall be mounted on a wall bracket so placed as to be readily
					 accessible.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-136 - Fueling

Current through June, 2024
(a) All fueling operations shall be done in
				  compliance with the stricter of any applicable federal, state, and county
				  rules. The fueling of vessels at a state commercial harbor where a marine
				  fueling station has been established, or where authorized tank trucks or tank
				  trailers are available shall be accomplished only at a station, or by tank
				  trucks or tank trailers with a state permit. A permit shall be issued only if:
(1) Proper application has been
				  submitted;
(2) Established fees
				  have been paid to the department by the applicant;
(3) There exists a comprehensive general
				  liability insurance policy or policies, or a certificate of insurance in lieu
				  thereof evidencing that a policy has been issued and is in force with a
				  combined single limit of not less than $500,000. The specification of limits
				  contained in this section shall not be construed in any way to be a limitation
				  on the liability of the permittee for any injury or damage proximately caused
				  by it. The insurance shall:
(A) Be issued by
				  an insurance company or surety company authorized to do business in the
				  State;
(B) Name the State as an
				  additional insured;
(C) Provide
				  that the department shall be notified at least thirty days prior to any
				  termination, cancellation, or material change in its insurance
				  coverage;
(D) Cover all injuries,
				  losses, or damages arising from, growing out of, or caused by any acts or
				  omissions of the permittee, its officers, agents, employees, invitees, or
				  licensees, in connection with the permittee's use or occupancy of the premises;
				  and
(E) Be maintained and kept in
				  effect at the permittee's own expense throughout the life of the permit. The
				  permittee shall submit evidence to the department of renewals or other actions
				  to indicate that the insurance policy remains in effect as prescribed in this
				  section.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-137 - Fishing prohibited

Current through June, 2024
Fishing, as defined in section
					 187A-1, Hawaii
					 Revised Statutes, is prohibited from all piers, wharves, and bulkhead walls in
					 Kewalo Basin and Honolulu Harbor except Piers 5, 6, and 7; and all piers and
					 wharves in Barbers Point Harbor. Casting of fishing lines beyond the shallow
					 marginal reef and into the boat channel is prohibited from the Waikiki side of
					 the Kewalo Basin entrance channel. Fishing with nets is prohibited in the basin
					 and channel areas of Kewalo Basin, Barbers Point Harbor, and Honolulu Harbor
					 except for the use of hand-held scoop nets for landing hooked fish at Piers 5,
					 6, and 7 in Honolulu Harbor and the shallow marginal reef at the Waikiki side
					 of the Kewalo Basin entrance channel and as provided in these rules and in
					 section
					 188-34,
					 Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-138 - Lifesaving equipment required

Current through June, 2024
Any small craft and smaller commercial vessel utilizing
					 the waters of a state commercial harbor shall be equipped with lifesaving
					 equipment as required by and approved by the United States Coast Guard.
					 Wearable PFDS must be readily accessible and throwable devices must be
					 immediately available for use.
(1)
				  Boats sixteen feet or over in length shall carry one Type I, II, or III
				  (wearable) PFD for each person on board and one Type IV (throwable) PFD in each
				  boat.
(2) Boats less than sixteen
				  feet in length and all canoes and kayaks shall carry one Type I, II, III or IV
				  PFD for each person on board.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-139 - Fire signal for small craft or smaller commercial vessel in harbor

Current through June, 2024
Five prolonged blasts on a vessel's whistle, horn or other
					 sound producing device indicates (1) a fire on board a small craft or smaller
					 commercial vessel not under way or (2) a fire at any facility to which the
					 small craft or smaller commercial vessel may be moored. The words "prolonged
					 blasts" used in this section shall mean a blast from four to six seconds
					 duration. This fire signal shall not be used for other purposes in any state
					 harbor.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-140 - Liquor prohibited on state piers and waterfront properties without permit

Current through June, 2024
No person shall consume any liquor as defined in section
					 281-1,
					 Hawaii Revised Statutes, on any state pier or waterfront property not under
					 lease except by prior permission from the department for each
					 occasion.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 19-42-141 - Responsibility for vessel gangplanks

Current through June, 2024
It shall be the responsibility of the vessel to provide a
					 reliable and safe means of access and egress to and from the vessel and the
					 pier for crew members, passengers and visitors to the vessel.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 5 - WELDING AND BURNING OPERATIONS ON PIERS AND WHARVES AND ABOARD VESSELS › Section 19-42-151 - Welding and burning operations; permits

Current through June, 2024
Before any welding or burning operation can be done on a
					 state wharf or waterfront facility or on a vessel moored thereto, the party
					 intending to do the work shall secure a permit from the harbor master of the
					 port where the work is to be done. Applicants for permits to do hot work shall
					 fill out fully a prescribed form, after which the application shall be
					 presented to the harbor master, and if in the harbor master's judgment all
					 safety precautions have been provided for, and the welding and burning
					 operations will not involve the possibility of fire or explosion, the harbor
					 master may approve the permit to do the work. The party intending to do the
					 work shall also secure permits from any other governmental agencies as required
					 by law and notify the fire captain and Coast Guard of the intended
					 work.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 5 - WELDING AND BURNING OPERATIONS ON PIERS AND WHARVES AND ABOARD VESSELS › Section 19-42-152 - Proximity to ammunition and dangerous cargo

Current through June, 2024
If ammunition or other dangerous cargo is in close
					 proximity to or on board the ship where the welding and burning operations will
					 be done, the captain of the port, United States Coast Guard, and all other
					 appropriate federal and state agencies shall be notified, and an inspection
					 shall be conducted, and if in the inspector's opinion the welding and burning
					 operations will not involve the possibility of fire or explosion, permission
					 may be granted to perform the work.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 5 - WELDING AND BURNING OPERATIONS ON PIERS AND WHARVES AND ABOARD VESSELS › Section 19-42-153 - Inspections; chemist's certificate

Current through June, 2024
(a) Before any
				  welding, burning, spark or flame-producing operations may be undertaken aboard
				  any ship, dock, wharf, or waterfront facility, all spaces subject to the
				  accumulation of dangerous gas or gas-producing materials in or on which hot
				  work is to be performed, and other spaces as may be required by the harbor
				  master having jurisdiction over the operations, or as required under the
				  provisions of the American Bureau of Shipping as they existed on June 1, 1993,
				  National Fire Protection Association standards as they existed on June 1, 1993,
				  or United States Coast Guard regulations as they existed on June 1, 1993, shall
				  be inspected by an American Bureau of Shipping certified chemist or other
				  qualified chemist. Such spaces include but are not limited to oil and ballast
				  tanks, cofferdams, voids, boiler and machinery spaces, pump rooms, compartments
				  treated with combustible rust preventives, including hollow rudders and skegs,
				  paint lockers and shaft alleys.
(b)
				  Upon completion of the inspection, the chemist shall issue a certificate
				  setting forth in writing the conditions found at the time of inspection and
				  indicating by appropriate designations whether, in the chemist's judgment, the
				  contemplated repairs or alterations can be undertaken with safety.
(c) One copy of the chemist's certificate
				  shall accompany the application for a permit, and one copy shall be left aboard
				  the ship or waterfront facility, preferably posted in a conspicuous place near
				  the gangway.
(d) Loading or
				  movement of cargo or the movement of ships from one location to another within
				  the shipyard or installation for which a chemist's certificate has been issued
				  is permissible without requiring an additional inspection and issuance of a
				  chemist's certificate when in the judgment of the inspecting authority, such
				  movement has not been sufficient to create a hazardous situation; provided that
				  the movement of ships from one jurisdictional area to another shall require an
				  additional inspection and issuance of a chemist's certificate before continuing
				  hot work.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 5 - WELDING AND BURNING OPERATIONS ON PIERS AND WHARVES AND ABOARD VESSELS › Section 19-42-154 - Welding and burning; procedures

Current through June, 2024
(a) Hot work shall
				  be done only in locations and under the procedures as designated in writing on
				  the permit and chemist's certificate.
(b) All welding and burning operations shall
				  be under the supervision and control of a competent foreperson or supervisor
				  who shall insure that all rules pertaining to welding and burning operations
				  are complied with.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 5 - WELDING AND BURNING OPERATIONS ON PIERS AND WHARVES AND ABOARD VESSELS › Section 19-42-155 - Welding and burning operations; fire prevention

Current through June, 2024
(a) In all
				  types of operations, fire prevention shall be the watchword. It shall be the
				  responsibility of each individual worker to prevent fires.
(b) All combustible materials shall be
				  removed from the area in which the welding and burning operations are being
				  conducted; provided that the combustible materials shall be properly protected
				  if removal is not feasible.
(c)
				  Welding or burning operations shall not be conducted around hatches or
				  companionways unless these are sealed with their own covers or doors. If
				  sealing is not possible, an asbestos blanket or other flame- proof material may
				  be substituted. Such substitution shall meet with the approval of the
				  inspecting authority issuing the permit.
(d) When welding or burning operations are
				  being conducted in locations where sparks could spatter or fly over the outside
				  of the ship hull, a protective shield composed of metal or other flame-proof
				  material shall be used to prevent the sparks from igniting the wharf, dock,
				  barges, oil slicks on the water, or any combustible materials.
(e) Water-charged fire mains, with attached
				  hose and nozzles of sufficient length so that water can reach the base of any
				  fire which may occur, shall be on each deck of the ship where welding or
				  burning operations are being conducted.
(f) Trained fire watchers, the number of
				  which shall be approved by the harbor master, shall be on board and assigned to
				  each group or individual welder or burner to watch for and extinguish incipient
				  fires. Each fire watcher shall be provided with an approved fire extinguisher
				  or hose line to control any fire which may occur during the welding or burning
				  operations. All fire watchers shall be instructed by the foreperson or
				  supervisor as to their duties in respect to fire prevention and the manner of
				  contacting their plant, or the industrial or municipal fire department when
				  necessary.
(g) When welding or
				  burning operations are conducted on a wooden wharf or on a fire resistive paved
				  wharf with cracks or crevices, the entire surrounding area shall be drenched
				  with water by means of a hose line and shall be kept wet during entire
				  operations to prevent sparks from igniting the flooring or timbers
				  below.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 5 - WELDING AND BURNING OPERATIONS ON PIERS AND WHARVES AND ABOARD VESSELS › Section 19-42-157 - Penalties

Current through June, 2024
Violation of sections
					 19-42-151 to
					 19-42-156 shall be cause for
					 immediate revocation of a permit issued for welding and burning operations and
					 subject such party to such other penalties as provided by
					 law.