reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 2 - VESSELS › Section 15-212-51 - Exchange of berths

Current through June, 2024
A permittee holding a regular mooring permit to moor in
					 the harbor may, upon written approval by the HCDA, exchange the permittee's
					 berth with another permittee holding a regular mooring permit to moor in the
					 harbor if:
(1) The vessels are
				  suitable for the berths as determined by the HCDA;
(2) There is mutual agreement between the
				  permittees; and
(3) The berths to
				  be exchanged are of the same characteristics.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 2 - VESSELS › Section 15-212-52 - Revocable permit and assigned berth transferability

Current through June, 2024
A permittee may transfer, temporarily or permanently, a
					 revocable permit or berthing space in accordance with the terms of its permit
					 which will require HCDA's consent and may be conditioned upon such factors as
					 the credit worthiness or experience of the assignee and payment of any permit
					 premium to HCDA.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 2 - VESSELS › Section 15-212-53 - Inspection

Current through June, 2024
All small craft moored or berthed in Kewalo Basin shall be
					 subject to inspection by the HCDA or any peace officer of the State at any time
					 where necessary and proper for the purpose of enforcing these rules. Except in
					 event of emergency HCDA shall give twenty-four hour notice prior to
					 inspection.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 2 - VESSELS › Section 15-212-54 - Audit

Current through June, 2024
The HCDA reserves the right to conduct audits to determine
					 the validity of maintaining a vessel's classification, the fees owing to the
					 HCDA, and any other information necessary and proper to enforce these rules.
					 Information normally needed includes standard business records. For example, in
					 the case of commercial fishing vessels, the following records are deemed
					 pertinent:
(1) Monthly fish catch
				  reports;
(2) Records showing the
				  number of days fished in a given month;
(3) Pertinent sales records both from the
				  sale of fish whether fresh or frozen and from any other activity in which the
				  vessel had been engaged;
(4) Annual
				  general excise tax returns; and
(5)
				  Any other records the boat owner/operator deems pertinent.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 2 - VESSELS › Section 15-212-55 - Small craft repairs, reconstruction or major modification

Current through June, 2024
Minor repairs to small craft may be made at the assigned
					 berth and shall be completed within thirty days. If repairs are estimated to,
					 or actually do, require that the vessel be out of service for more than thirty
					 days, prior approval shall be sought from the HCDA to initiate or complete the
					 repairs in the harbor. Prior approval shall be sought from the HCDA for any
					 repairs requiring the use of cranes, lifts, and any similar devices within the
					 harbor. Repair, reconstruction or major modification that would interfere with
					 the free flow of other vessels, pedestrian, or vehicle traffic shall only be
					 accomplished in an area designated by the HCDA. Failure to seek approval as
					 required by this section shall be grounds for the revocation of the revocable
					 permit.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 2 - VESSELS › Section 15-212-56 - Living aboard

Current through June, 2024
No person shall moor any vessel or contrivance used solely
					 or principally for the purpose of living aboard.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 2 - VESSELS › Section 15-212-57 - Safety watch

Current through June, 2024
For safety reasons, one person may remain aboard a vessel
					 with a valid mooring agreement twenty-four hours a day as a safety watch. A
					 list of the name or names of persons who will rotate as the single safety watch
					 shall be submitted to the HCDA in writing for approval. The HCDA retains the
					 right to conduct reasonable inspections of vessels in Kewalo Basin to ensure
					 that only a single authorized safety watch remains aboard a
					 vessel.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 2 - VESSELS › Section 15-212-58 - Illegal mooring of any small craft

Current through June, 2024
The HCDA is vested with the sole authority to issue
					 regular and temporary mooring permits. Any vessel occupying a berth without a
					 valid mooring permit issued by the HCDA is in violation of these rules. The
					 vessel owner shall be subject to appropriate legal action and the boat shall be
					 subject to removal and impoundment by the HCDA. Furthermore, the boat owner
					 shall be charged a mooring fee in an amount equal to twice the normal fee for
					 the time period the vessel was illegally moored. The owner of an illegally
					 moored small craft who has been ordered, by certified mail, or by posting a
					 notice on or as near to the offending vessel as possible, by personal service
					 or by any other reasonable means shall remove the illegally moored vessel
					 within seventy-two hours from the time the notice was posted or notification
					 given. Failure to remove the vessel shall result in the impounding and removal
					 of the vessel by the HCDA at the sole cost and risk of the owner of the
					 illegally moored vessel, if such vessel is not removed after the seventy-two
					 hour period or if during said period the vessel is removed and re-moored in
					 Kewalo Basin without a revocable permit.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 2 - VESSELS › Section 15-212-60 - Administrative hearing

Current through June, 2024
The procedures under this section shall be used for any
					 administrative hearing conducted by the HCDA as required by law. An
					 administrative hearing officer shall be appointed by the executive director.
					 Upon setting the time for the hearing, the administrative hearing officer shall
					 transmit a notice to the last known address of the owner or their
					 representative, if any, containing the following:
(1) The date, time, place and nature of
				  hearing;
(2) The legal authority
				  under which the hearing is to be held; and
(3) The fact that any party may retain
				  counsel if the party so desires and the fact that an individual may appear on
				  the individual's own behalf, or a member of a partnership may represent the
				  partnership, or an authorized officer or authorized employee of a corporation
				  or trust or association may represent the corporation, trust or association.
				  All parties shall be afforded an opportunity to present evidence and argue on
				  all relevant issues involved. Any procedure in the administrative hearing may
				  be modified or waived by stipulation of the parties and disposition may be made
				  of any administrative hearing by stipulation, agreed settlement, consent order,
				  or default. Appeals from the decision may be made in accordance with chapter
				  91, Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 2 - VESSELS › Section 15-212-61 - Rules of evidence

Current through June, 2024
The administrative hearing officer may exercise discretion
					 in the admission or rejection of evidence and the exclusion of immaterial,
					 irrelevant, or unduly repetitious evidence as provided by law with a view of
					 doing substantial justice. In administrative hearings:
(1) Any oral or documentary evidence may be
				  received, but the HCDA shall as a matter of policy provide for the exclusion of
				  irrelevant, immaterial, or unduly repetitious evidence and no sanction shall be
				  imposed or rule or order be issued except upon consideration of the whole
				  record or such portions thereof as may be cited by any party and as supported
				  by and in accordance with the reliable, probative, and substantial evidence.
				  The HCDA shall give effect to the rules of privilege recognized by
				  law;
(2) Documentary evidence may
				  be received in the form of copies or excerpts, if the original is not readily
				  available; provided that upon request parties shall be given an opportunity to
				  compare the copy with the original;
(3) Every party shall have the right to
				  conduct cross-examination as may be required for a full and true disclosure of
				  the facts, and shall have the right to submit rebuttal evidence at the time of
				  hearing; and
(4) Except as
				  otherwise provided by law, the party initiating the proceeding shall have the
				  burden of proof by a preponderance of the evidence which includes the burden of
				  producing evidence as well as the burden of persuasion.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 2 - VESSELS › Section 15-212-63 - Salvage, sinking boats

Current through June, 2024
The owner of a vessel in danger of wreckage, damaging
					 other property, sinking, or obstructing waterways shall be advised by the HCDA
					 to take immediate remedial action. If upon due notice and after a reasonable
					 time (not to exceed three hours) has elapsed and the owner has failed to
					 institute appropriate measures, the HCDA may take such action as the
					 circumstances require to save or rescue the vessel, prevent damage to other
					 property or to prevent obstruction of waterways; provided that in an emergency
					 where life or property is endangered or where the vessel may interfere with
					 other vessels or with free and proper navigation of waterway, immediate
					 remedial action may be instituted by the HCDA without prior notice. Any action
					 taken under this section shall be done pursuant to these rules. Any action
					 taken by the HCDA shall be at the sole cost and risk to the vessel
					 owner.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 2 - VESSELS › Section 15-212-64 - Vessel loading zone

Current through June, 2024
No person shall stop or moor a vessel for any purpose
					 other than for the expeditious loading, unloading, or fueling in any place
					 marked as a vessel loading zone during the hours when the regulations
					 applicable to such loading zone are effective. No person shall leave a vessel
					 unattended at a vessel loading zone.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 2 - VESSELS › Section 15-212-65 - Anchoring of small craft

Current through June, 2024
The anchoring of small craft in heavily traveled channels
					 or main thoroughfares is prohibited.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 2 - VESSELS › Section 15-212-66 - Nesting

Current through June, 2024
The HCDA shall nest vessels when it deems it to be
					 necessary. Nesting assignments shall be made with due regard to the relative
					 lengths of the vessels involved, their construction and any other pertinent
					 characteristics.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 2 - VESSELS › Section 15-212-67 - Permittee's responsibility for wharf area

Current through June, 2024
Each permittee shall be responsible for keeping the area
					 near the permittee's assigned mooring free from litter, debris, and discard.
					 Water hoses attached to available hose bibs must be fitted with automatic
					 shut-off nozzles.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 2 - VESSELS › Section 15-212-68 - Structures on and modifications to the wharf

Current through June, 2024
No structure shall be built on or placed on and no
					 modification shall be made to the wharf, pier, or terminal area without the
					 prior written approval of the HCDA.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 2 - VESSELS › Section 15-212-69 - Sailing vessels in Kewalo Basin channel

Current through June, 2024
Sailing vessels shall only be permitted in the Kewalo
					 Basin channel if they are equipped with and are using motor
					 power.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 2 - VESSELS › Section 15-212-70 - Safety regulations for small craft

Current through June, 2024
Safety regulations in sections
					 15-212-118 to
					 15-212-120 and sections
					 15-212-122 to
					 15-212-123 shall be observed by
					 small craft, if applicable.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 2 - VESSELS › Section 15-212-71 - Emergency conditions

Current through June, 2024
During emergency conditions and when necessary to protect
					 life and property, the HCDA may deviate from these rules.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 2 - VESSELS › Section 15-212-72 - Application to be placed on the list of approved marine surveyors

Current through June, 2024
A qualified marine surveyor can apply to be placed on the
					 list of approved marine surveyors by writing a letter of application to the
					 HCDA citing the applicant's qualifications including schooling, work experience
					 or other germane background and requesting to be considered by the HCDA as an
					 approved marine surveyor. If approved, the applicant's name will be retained on
					 the list of approved marine surveyors for a period of three years unless
					 removed for other reasons. At the end of this period, the applicant must
					 re-apply for a renewal of status. If the application is not approved, the
					 applicant may request reconsideration by providing additional evidence. In
					 cases of dispute, the HCDA's decision will be final.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 3 - WATERWAYS › Section 15-212-81 - Applicability of laws and rules

Current through June, 2024
Navigation within state waterways shall be in accord with
					 the state boating law, federal statutes and regulations governing vessel
					 navigation and these rules. In case of conflict the more specific and severe
					 provisions shall apply.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 3 - WATERWAYS › Section 15-212-82 - Vessel not to obstruct approach to wharf

Current through June, 2024
No vessel shall anchor in any fairway or any channel or so
					 as to obstruct the approach to any wharf.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 3 - WATERWAYS › Section 15-212-83 - Maximum speed of vessels

Current through June, 2024
All vessels over sixty-five feet shall proceed at a rate
					 of speed (except in case of emergency) commensurate with safe navigation and
					 slow enough so as not to cause damage to other vessels and property. Vessels
					 under sixty-five feet may proceed at a rate of speed not to exceed ten nautical
					 miles per hour. From inside the mouth of the channel shall be a no wake zone.
					 Nothing in this section shall preclude the harbormaster from setting a
					 different rate of speed to meet special conditions.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 15-212-92 - 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 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 15-212-93 - Fire alarm

Current through June, 2024
In the event of fire occurring on board any vessel in the
					 Kewalo Basin, 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 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 15-212-94 - Containers for flammable liquids

Current through June, 2024
No empty containers which have been used to hold flammable
					 liquids shall be delivered onto Kewalo Basin unless the same are securely
					 closed with metal screw plugs. Any such containers shall be delivered onto the
					 wharf or structure only at such times as a carrier is prepared to take
					 immediate delivery.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 15-212-95 - 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 Kewalo Basin. All such substances unloaded from any
					 vessel in leaky containers shall be removed immediately.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 15-212-96 - 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 Kewalo Basin without the
					 permission of a harbormaster.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 15-212-97 - Fumigation of vessel

Current through June, 2024
No vessel shall be fumigated or smoked at the Kewalo Basin
					 without the prior permission in writing from the executive director or the
					 harbormaster. 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 the 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 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 15-212-98 - Use of fuel burning steam generating appliances

Current through June, 2024
All fuel burning steam generating appliances, when used on
					 Kewalo Basin or on any scow, pile driver, or other vessel working alongside or
					 near Kewalo Basin, shall be equipped with spark arresters satisfactory to the
					 harbormaster. 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 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 15-212-99 - 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 harbormaster.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 15-212-100 - Smoking prohibited

Current through June, 2024
Smoking is positively prohibited at all times within any
					 shed, or upon any wharf apron, and during the time cargo is being loaded,
					 unloaded, or stored on any unshedded pier at the Kewalo Basin; 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 harbormaster 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 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 15-212-101 - 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 at the Kewalo Basin 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 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 15-212-102 - Standards of cleanliness

Current through June, 2024
All vessels moored at the Kewalo Basin 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 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 15-212-103 - Charges for cleaning wharves

Current through June, 2024
In cases where the HCDA takes over the cleaning of
					 wharves, the charge therefore shall be assessed against the vessel which is
					 responsible for the necessity of cleaning.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 15-212-104 - Identification of mobile equipment

Current through June, 2024
All mobile equipment used at Kewalo Basin such as
					 forklifts, tractors and straddle trucks, shall be clearly identified as to the
					 owner thereof.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 15-212-105 - 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; and
(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 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 15-212-106 - Fowl, animal, or livestock

Current through June, 2024
No fowl, animal, or livestock of any kind shall be allowed
					 to remain on Kewalo Basin for a period longer than six hours without being
					 properly fed and watered. After any fowl, animal, or livestock shall have been
					 unloaded on Kewalo Basin, 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 Kewalo Basin 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.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 15-212-107 - Private use of Kewalo Basin property or facilities; business activities; signs

Current through June, 2024
(a) No regular or
				  extensive use of Kewalo Basin 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 without the prior written
				  approval of the HCDA. 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 Kewalo Basin without the prior
				  written approval of the HCDA, 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 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 15-212-108 - 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 HCDA 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 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 15-212-109 - Closing of wharves for safety reasons

Current through June, 2024
The harbormaster may close the wharves or any portion
					 thereof and regulate and control the use of the same whenever, in *:he
					 harbormaster'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
					 harbormaster.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 15-212-110 - Liability for damage to or loss of merchandise and cargo

Current through June, 2024
(a) The HCDA 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
				  HCDA employees can be shown, no claim for damage due to inclement weather shall
				  be considered.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 15-212-111 - 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, except in receptacles
				  designated by the HCDA 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 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 15-212-112 - 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 Kewalo
					 Basin 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 Kewalo Basin.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 15-212-113 - 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 harbormaster before taking such
					 action.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 15-212-114 - 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 harbormaster, lose, sink, drop, or
					 abandon any floating or sinking object in or on the navigable waters and shore
					 waters of the Kewalo Basin, that person shall immediately notify the
					 harbormaster 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 HCDA will take such actions
					 through federal or commercial channels as are necessary for such removal, and
					 will charge all costs incurred by the HCDA in effecting the necessary removal
					 to the owner. The harbormaster may require the posting of a bond to assure
					 payment.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 15-212-115 - 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 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 15-212-116 - Waste outlets; permit required

Current through June, 2024
Notwithstanding the issuance of a permit, no person shall
					 do any of the following within the Kewalo Basin 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 Kewalo Basin 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 the Kewalo
				  Basin; or
(3) Construct or use any
				  new outlet for the discharge of any wastes from shore into the waters of the
				  Kewalo Basin.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 15-212-117 - Loading or unloading flammable liquids

Current through June, 2024
Loading or unloading of flammable liquids shall be in
					 strict accordance with applicable federal laws and
					 regulations.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 15-212-118 - Appliances and electrical wiring

Current through June, 2024
All cooking or heating appliances or any other machinery,
					 equipment, utensils, or apparatus which are used by small craft and could be
					 the cause of fire shall be so constructed, installed, wired, situated,
					 maintained, and used so as not to constitute a potential fire hazard. The
					 failure to conform to any statute, rule, regulation, standard, or ordinance
					 affecting fire safety may be considered by the HCDA in determining any
					 violation of this section. Particular attention is directed to the applicable
					 provisions of the state boating rules of the department of land and natural
					 resources. In addition, the approval of any machinery, equipment, utensils, or
					 apparatus by Underwriters' Laboratories, Factory Mutual System, Marine Testing
					 Institute, Inc., or any other nationally recognized electrical testing agency,
					 may be considered by the HCDA in determining compliance with this section. All
					 electrical equipment must be properly grounded.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 15-212-119 - Fire extinguishing equipment for small craft

Current through June, 2024
Any small craft utilizing the waters of Kewalo Basin 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.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 15-212-120 - 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
				  and in accordance with the instructions of HCDA or its harbor manager as to
				  location and times. The fueling of vessels at the Kewalo Basin 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 HCDA by the applicant; and
(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 and HCDA,
				  its assigns and managing agent as additional insureds;
(C) Provide that the HCDA 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 HCDA of renewals or other
				  actions to indicate that the insurance policy remains in effect as prescribed
				  in this section.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 15-212-121 - 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.
					 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, except for the use of hand-held scoop nets for landing hooked
					 fish at the shallow marginal reef at the Waikiki side of the Kewalo Basin
					 entrance channel, and as provided in these rules.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 4 - SAFETY, CLEANLINESS, AND USE OF FACILITIES › Section 15-212-122 - Lifesaving equipment required

Current through June, 2024
Any small craft utilizing the waters of Kewalo Basin shall
					 be equipped with lifesaving equipment as required by and approved by the United
					 States Coast Guard. Wearable PFDS must be readily accessible and throw able
					 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 (throw able) PFD in each boat; and
(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.