reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 5 - ALLOCATION OF BERTHS AND OFFSHORE MOORING › Section 13-231-83 - Applicant required to furnish address and report changes; effect of failure to report changes

Current through June, 2024
(a) An applicant
					 shall include the applicant's address in the application to the department for
					 a berth.
(b) An applicant shall
					 immediately inform the department in writing of any changes in the applicant's
					 address in order to maintain the validity of the applicant's
					 application.
(c) An application
					 shall be void if the department is unable to notify the applicant of a vacancy
					 at the address:
(1) Appearing on the
					 application; or
(2) Furnished in
					 writing to the department by the applicant as a change of address subsequent to
					 submitting the application.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 5 - ALLOCATION OF BERTHS AND OFFSHORE MOORING › Section 13-231-84 - Withdrawal of application; effect if application has become void, expires, or has been withdrawn

Current through June, 2024
(a) An application
					 may be withdrawn by an applicant upon written notice to the
					 department.
(b) An applicant who
					 withdraws an application or whose application has expired or becomes void may
					 submit a new application for acceptance by the department. The applicant's
					 seniority begins on the date the new application is accepted for consideration
					 as provided in section 13-231-81.
(c) The application fee shall not be refunded
					 if an applicant withdraws an application or if the application expires, or
					 becomes void.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 5 - ALLOCATION OF BERTHS AND OFFSHORE MOORING › Section 13-231-85.5 - Allocation of offshore mooring permits

Current through June, 2024
Offshore mooring permits shall be allocated in
						accordance with and following the procedures set forth for mooring permits for
						berths.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 5 - ALLOCATION OF BERTHS AND OFFSHORE MOORING › Section 13-231-87 - Notice to owner of available berth or offshore mooring

Current through June, 2024
(a)
					 When an offer of a regular mooring permit to use a berth or offshore mooring
					 area can be made, as provided for in this subchapter, the department shall
					 deliver the offer or send it by certified mail, return receipt requested,
					 addressed to the applicant eligible to receive the offer pursuant to this
					 subchapter at the post office address furnished to the department in writing by
					 the applicant.
(b) The department
					 shall offer a temporary mooring permit to the applicant eligible to receive it
					 by telephone, personal service, or first class mail, postage prepaid addressed
					 to the applicant at the post office address furnished to the department in
					 writing by the applicant.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 5 - ALLOCATION OF BERTHS AND OFFSHORE MOORING › Section 13-231-89 - Offer of temporary mooring permit valid only seven days; notification of intention; acceptance

Current through June, 2024
(a) An applicant
					 for a temporary mooring permit to moor the applicant's vessel in a temporarily
					 vacant berth or offshore mooring who has been offered the use of a berth or
					 mooring area pursuant to this subchapter shall, within seven days after the
					 offer was made by telephone, personal service, or mail, notify the department
					 of the applicant's intention to accept, or decline the offer. If the applicant
					 declines the offer the applicant's application for a temporary mooring permit
					 shall be void and the berth or mooring area shall be offered to the next senior
					 applicant in accordance with these rules.
(b) An applicant who has notified the
					 department of the applicant's intention to accept the offer shall accept the
					 offer by:
(1) Securing a temporary mooring
					 permit for use of the berth or mooring area offered within seven days after the
					 date the offer was made;
(2) Moving
					 the applicant's vessel into the assigned berth or mooring area within seven
					 days after the date the offer was made by telephone, personal service, or mail,
					 whichever event is earlier; and
(3)
					 Otherwise complying with the requirements of section
					 200-9,
					 Hawaii Revised Statutes.
The applicant's application for a use permit and the
						applicant's notice of intention to accept the offer shall be void if the
						applicant fails to secure a use permit and to move the applicant's vessel into
						the applicant's assigned berth or mooring area within seven days as prescribed
						herein and the use permit shall then be offered to the next senior applicant
						for the type of berth or mooring available in accordance with the rules.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 5 - ALLOCATION OF BERTHS AND OFFSHORE MOORING › Section 13-231-90 - REPEALED

Current through June, 2024
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 1 - SANITATION › Section 13-232-1 - General statement; department of health

Current through June, 2024
Nothing contained in this subchapter shall be construed
						to limit the power and authority of the department of health. In case of
						conflict between any provision of this subchapter and any rule adopted by the
						department of health, the stricter rule shall control.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 1 - SANITATION › Section 13-232-2 - Standard

Current through June, 2024
All vessels and any property or facility used at a small
						boat harbor shall be kept at all times in a condition of reasonable cleanliness
						and sanitation so as not to constitute a common nuisance or potential danger to
						public health.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 1 - SANITATION › Section 13-232-3 - Garbage and other offensive matter

Current through June, 2024
No person shall have or keep on that person's vessel any
						refuse, garbage,decaying matter, or any other matter which gives off an
						offensive odor except when the same is being disposed of as garbage and is kept
						in a receptacle which shall be kept closed by a tight fitting cover at all
						times except when being filled or emptied.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 1 - SANITATION › Section 13-232-4 - Flies

Current through June, 2024
No person shall have or keep on that person's vessel any
						article, substance, or thing in which flies may breed, unless the same be kept
						securely protected from flies.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 1 - SANITATION › Section 13-232-5 - Rodents

Current through June, 2024
No rubbish or waste of any kind shall be placed, left,
						dumped, or permitted to accumulate or remain on any vessel or in the vicinity
						of the same, in such a way as to constitute a breeding place for
						rodents.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 1 - SANITATION › Section 13-232-6 - Littering land areas - prohibited

Current through June, 2024
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 small boat harbor, except in receptacles designated by the
						department for the disposal of such materials.
No person shall use refuse containers or other refuse
						disposal facilities in a small boat harbor for disposing of litter brought as
						such into the small boat harbor except when the litter is generated during and
						results from a vessel's voyage. Without limiting the generality of the
						foregoing, "litter" as used in this section means 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 nauseating or offensive matter or any machinery, appliance or
						automobile, or parts thereof, or any other substances which render small boat
						harbor lands or facilities unsightly, noxious, or otherwise unwholesome to the
						detriment of the public health and welfare or the enjoyment of the small boat
						harbor for recreational purposes.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 1 - SANITATION › Section 13-232-7 - Littering or polluting 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 a small
						boat harbor any litter, sewage, 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 to the enjoyment of the water
						for recreational purposes.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 1 - SANITATION › Section 13-232-8 - Marine toilets - restrictions

Current through June, 2024
(a) No toilet on a
					 vessel or contrivance shall be operated so as to discharge any untreated sewage
					 directly or indirectly into the waters of a small boat harbor.
(b) No person on a vessel or contrivance
					 equipped with a toilet shall use, or permit the use of that toilet on the
					 waters of a small boat harbor unless the toilet is equipped with facilities in
					 good operating condition that will adequately treat, hold, incinerate, or
					 otherwise handle sewage in a manner that is capable of preventing water
					 pollution. A water pollution control device that is acceptable for the purposes
					 of this section is any device determined by the director of the department of
					 health to be effective in arresting the possibility of pollution from sewage
					 passing into or through a toilet aboard a vessel or contrivance.
(c) No person shall live on board a vessel or
					 contrivance in any small boat harbor unless it contains one or more toilets
					 equipped with water pollution control devices in good operating condition and
					 of a type acceptable to the director of health; provided that, the department
					 may permit the operator or other persons to live on board a vessel not equipped
					 with a toilet and acceptable water pollution control device for a period not to
					 exceed the period described in sections
					 13-231-21
					 and
					 13-231-22
					 if:
(1) The vessel is from another state or a
					 country other than the United States and is temporarily using the waters of
					 this State or if the vessel has a home port in the State but is visiting
					 another small boat harbor;
(2)
					 Adequate on-shore toilet facilities are readily available, meaning within a
					 walking distance of not more than two hundred feet, for use by the persons
					 living on board; and
(3) A toilet
					 aboard the vessel is not used while in the small boat harbor.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 1 - SANITATION › Section 13-232-9 - Permits required - waste outlets

Current through June, 2024
Notwithstanding the issuance of a permit pursuant to
						section 13-232-43, no person shall do any
						of the following at a small boat harbor without first having obtained a permit
						from the director of health:
(1)
					 Discharge any wastes into the waters of a small boat harbor so as to reduce the
					 quality of the water below the standards of water quality adopted for such
					 waters by chapter
					 11-25, department of health, State of
					 Hawaii, which by reference are hereby incorporated into these rules and made a
					 part hereof as though fully recited herein.
(2) Construct, install, modify, alter, or
					 operate any treatment works or part thereof or any extension or addition
					 thereto.
(3) Construct or use any
					 new outlet for the discharge of any wastes into the waters of a small boat
					 harbor.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 1 - SANITATION › Section 13-232-10 - Backflow prevention device required on connections to water line - use of water operated de-watering device prohibited

Current through June, 2024
(a) No person shall
					 connect a vessel's water supply system to a small boat harbor portable water
					 supply system, unless an approved backflow prevention device has been installed
					 at the hose bib or other point of connection.
(b) No person shall use any water-operated
					 siphon or other water operated de-watering device, equipment, or mechanism
					 connected to a small boat harbor water supply system for the purpose of
					 removing water or any liquid from the bilges of a vessel, provided such a
					 device may be temporarily used when necessary during an emergency to prevent a
					 distressed vessel from sinking if an approved backflow prevention device has
					 been installed in accordance with subsection (a).
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 1 - SANITATION › Section 13-232-11 to 13-232-19 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 2 - FIRE SAFETY AND VESSEL EQUIPMENT REQUIREMENTS › Section 13-232-20 - General statement

Current through June, 2024
The provisions of this subchapter are not intended to
						limit the powers of any federal agency or the county fire
						department.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 2 - FIRE SAFETY AND VESSEL EQUIPMENT REQUIREMENTS › Section 13-232-21 - Standard

Current through June, 2024
All vessels and all state property or facilities used at
						a small boat harbor shall be used in such a manner and maintained in such a
						condition as not to constitute a potential fire hazard. The failure to conform
						to any statute, rule, standard, or ordinance affecting fire safety may be
						considered by the department in determining any violation of this section.
						(Particular attention is directed to the Hawaii state boating law, chapter
						200, Hawaii Revised Statutes and the
						state boating rules, department of land and natural resources, State of
						Hawaii.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 2 - FIRE SAFETY AND VESSEL EQUIPMENT REQUIREMENTS › Section 13-232-22 - Appliances and electrical wiring

Current through June, 2024
All cooking or heating appliances or any other
						machinery, equipment, utensil, or apparatus which is used at a small boat
						harbor and could be the cause of fire shall be so constructed, installed,
						wired, situated, maintained, and used so as to meet the standard set out in
						section 13-232-21; provided that, the
						approval of any machinery, equipment, utensil, or apparatus by the National
						Board of Fire Underwriters may be considered by the department in determining
						compliance with this section.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 2 - FIRE SAFETY AND VESSEL EQUIPMENT REQUIREMENTS › Section 13-232-23 - Fire extinguishing equipment

Current through June, 2024
All vessels on the waters of a small boat harbor shall
						be equipped with fire extinguishers approved by Underwriters Laboratories, Inc.
						or the United States Coast Guard, and as prescribed in chapter 13-243, Hawaii
						Administrative Rules. In addition a vessel shall also be equipped with at least
						one hand portable B-1 or larger fire extinguisher per each twenty-five feet or
						fraction thereof of vessel length before any person shall be issued a permit
						authorizing the use of the vessel as a place of principal habitation or
						vacation site. The fire extinguishers shall be readily accessible and
						maintained in good and serviceable condition for immediate and effective use at
						all times.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 2 - FIRE SAFETY AND VESSEL EQUIPMENT REQUIREMENTS › Section 13-232-24 - Fueling

Current through June, 2024
(a) The fueling of vessels at a small boat
					 harbor where a marine fueling station has been established, shall be
					 accomplished only at that station.
(b) Prior to fueling a vessel at a small boat
					 harbor, the operator shall:
(1) Securely moor
					 the vessel;
(2) Stop all engines,
					 motors, fans, and devices liable to produce sparks;
(3) Extinguish all fires; and
(4) Close all ports, windows, doors, and
					 hatches.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 2 - FIRE SAFETY AND VESSEL EQUIPMENT REQUIREMENTS › Section 13-232-25 - Smoking

Current through June, 2024
Smoking shall be prohibited at a small boat harbor when
						so prescribed by signs, and regardless of the department's failure to post
						signs, 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 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 2 - FIRE SAFETY AND VESSEL EQUIPMENT REQUIREMENTS › Section 13-232-26 - Dumping of combustibles

Current through June, 2024
(a) No person shall
					 dump, discharge, or pump oil, spirits, gasoline, distillate, any petroleum
					 product, or any other flammable material into the waters of a small boat harbor
					 or designated offshore mooring area.
(b) Any vessel equipped with an inboard motor
					 which is moored in a small boat harbor or designated offshore mooring area
					 shall maintain an oil absorbent pad in the bilge to separate petroleum products
					 from bilge water. This requirement shall be included as an inspection item for
					 the initial or annual vessel inspection that is a prerequisite for obtaining a
					 regular mooring permit as prescribed by section 13-231-45.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 2 - FIRE SAFETY AND VESSEL EQUIPMENT REQUIREMENTS › Section 13-232-27 - Emergency exits

Current through June, 2024
Each vessel shall be provided with adequate exits to
						afford sufficient paths of escape in case of emergencies. The number and
						location of such exits shall be commensurate with the size, type, and make of
						each vessel.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 2 - FIRE SAFETY AND VESSEL EQUIPMENT REQUIREMENTS › Section 13-232-28 - Open fires

Current through June, 2024
Charcoal grills and similar open fire cooking devices
						shall, while lighted, be attended at all times.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 2 - FIRE SAFETY AND VESSEL EQUIPMENT REQUIREMENTS › Section 13-232-29 - Lifesaving equipment required

Current through June, 2024
Any vessel utilizing the waters of a small boat harbor
						shall be equipped with approved lifesaving devices as prescribed in chapter
						13-243, Hawaii Administrative Rules. The lifesaving equipment shall at all
						times be kept in good and serviceable condition for immediate and effective use
						and shall be so placed as to be readily accessible provided, that if any person
						is living aboard any vessel or contrivance, it shall be equipped with at least
						an approved type life preserver, ring life buoy, buoyant vest, special purpose
						water safety buoyant device, or buoyant cushion for each adult person on board.
						If there are any children living aboard, approved life preservers suitable for
						children shall be provided for each child living aboard.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 2 - FIRE SAFETY AND VESSEL EQUIPMENT REQUIREMENTS › Section 13-232-30 - Fire signal for vessels in small boat harbors

Current through June, 2024
Five prolonged blasts, each from four to six seconds in
						duration, on a vessel's whistle, horn, or other sound producing device
						indicates:
(1) A fire on board a
					 vessel not underway; or
(2) A fire
					 at any facility to which the vessel may be moored.
This fire signal shall not be used for other purposes in
						any small boat harbor.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 2 - FIRE SAFETY AND VESSEL EQUIPMENT REQUIREMENTS › Section 13-232-31 - Welding, burning and other hot work; permits

Current through June, 2024
Before any welding, burning or other hot work can be
						done in a state small boat harbor or on a vessel moored thereto, the party
						intending to do the work shall secure a permit from the harbor agent of the
						small boat harbor 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 agent, who shall issue the necessary permit.
						The party intending to do the work shall also secure permits from any other
						governmental agencies as required by law and notify the county fire department
						of the intended work.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 2 - FIRE SAFETY AND VESSEL EQUIPMENT REQUIREMENTS › Section 13-232-32 to 13-232-39 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 3 - MAINTENANCE AND STORAGE › Section 13-232-40 - Standards

Current through June, 2024
(a) Each vessel shall be examined by the
					 department to determine that it is in acceptable condition and operational
					 before assignment to a berth.
(b)
					 Every vessel and all other personal property and facilities at a small boat
					 harbor shall be kept in such a condition of repair, maintenance, neatness, and
					 orderliness so as not to constitute a common nuisance, substantial danger to
					 person or property, or obstruction to proper public use and to be in conformity
					 with these rules, the Hawaii state boating law, the rules of the department of
					 health, and all other applicable state and federal laws.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 3 - MAINTENANCE AND STORAGE › Section 13-232-41 - Storage

Current through June, 2024
No person shall store, place, leave, deposit, or abandon
						any vessel, structure, supplies, material, equipment, gear, object, or
						substance on catwalks, piers, sidewalks, roads, parking areas, or any other
						public area at a small boat harbor, except vessels or objects may be
						stored:
(1) In areas set aside by the
					 department for storage purposes; or
(2) Upon prior consent by the
					 department.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 3 - MAINTENANCE AND STORAGE › Section 13-232-42 - Special areas

Current through June, 2024
The department may designate areas to be used only for
						specific purposes or operations, which shall be designated by
						signs.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 3 - MAINTENANCE AND STORAGE › Section 13-232-44 - Gear lockers

Current through June, 2024
No person shall construct a gear locker at a small boat
						harbor without prior written approval of the department as provided in section
						13-232-43.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 3 - MAINTENANCE AND STORAGE › Section 13-232-45 to 13-232-49 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 4 - CONDUCT OF THE PUBLIC › Section 13-232-50 - General statements

Current through June, 2024
All penal laws of the State prescribed in the Hawaii
						Revised Statutes, and in the rules properly promulgated pursuant to provisions
						thereof, govern the conduct of any person coming upon or remaining at a small
						boat harbor. The following provisions of this part are intended to facilitate
						effective management of state property and facilities at a small boat
						harbor.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 4 - CONDUCT OF THE PUBLIC › Section 13-232-51 - Smoking

Current through June, 2024
Smoking shall be prohibited at a small boat harbor when
						so prescribed by signs, and regardless of the department's failure to post
						signs, 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 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 4 - CONDUCT OF THE PUBLIC › Section 13-232-52 - Restricted areas

Current through June, 2024
Only authorized persons may enter or remain upon
						restricted areas of a small boat harbor set aside by the department and
						designated by signs, buoys, or other markings.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 4 - CONDUCT OF THE PUBLIC › Section 13-232-53 - Lost, abandoned, or mislaid articles

Current through June, 2024
Any person finding lost, abandoned, or mislaid articles
						at a small boat harbor shall report or turn those articles over to the chief of
						police of the county in which the articles are found.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 4 - CONDUCT OF THE PUBLIC › Section 13-232-54 - Swimming

Current through June, 2024
No person shall swim at a small boat harbor or boat
						launching facility or its channels where such activity is prohibited by signs,
						buoys, or other markers posted by the department. No person shall dive from
						docks, piers or other constructed facilities into a small boat harbor, boat
						launching facility, or its channels.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 4 - CONDUCT OF THE PUBLIC › Section 13-232-55 - Fishing

Current through June, 2024
(a) No person shall fish at a small boat
					 harbor, boat launching facility, or channels thereto by pole where that
					 activity is prohibited by signs, buoys, or other markers posted by the
					 department. Spearfishing and trolling from moving vessels is prohibited in
					 small boat harbors, boat launching facilities, designated offshore mooring
					 areas or channels. No person shall use any throw net, or draw, drag, seine, or
					 any other type of net except crab net or hand-held dip net, except at locations
					 designated by rules of the department of land and natural resources.
(b) A person with a bait fishing license
					 issued by the department of land and natural resources may use nets to:
(1) Take young mullet or pua (Mugil cephalus)
					 for the purpose of stocking their pond; or
(2) Take nehu, iao, or other bait fishes for
					 which an open season has been declared for bait purposes only.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 4 - CONDUCT OF THE PUBLIC › Section 13-232-56 - Tampering with or damaging a vessel or state property

Current through June, 2024
No person shall wilfully and maliciously destroy,
						injure, deface, disturb, or tamper with any state property, facility, or
						property belonging to another, including but not limited to, any vessel, signs,
						buoys, floats, notices, buildings, lawn, or any other property, real or
						personal.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 4 - CONDUCT OF THE PUBLIC › Section 13-232-57 - Dogs, cats or other domestic pets

Current through June, 2024
(a) As used in this
					 section, unless the context otherwise indicates:
"Pet owner" means any person owning, harboring or keeping
						a dog, cat, or other domestic pet, or having custody thereof. "Stray" means any
						dog, cat, or other animal without a microchip or other registered
						owner-identifier or is living or roaming off its owner's property without
						permission to be on other public or private property. Strays may also be feral
						or abandoned.
(b) This
					 section shall not apply to:
(1) Service
					 animals as defined in the Title II of the Americans with Disabilities Act (ADA)
					 as adopted by the United States Department of Justice;
(2) Dogs trained and used by a law
					 enforcement agency in law enforcement activities while the dogs are engaged in
					 the performance of such work; or
(3) An obedience trial, where tracking and
					 show dogs are accompanied by their owners and are being trained or in
					 competition, provided permission is first obtained from the department for such
					 use.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 4 - CONDUCT OF THE PUBLIC › Section 13-232-57.1 - Feeding of colonies, strays, wildlife, or feral animals prohibited

Current through June, 2024
(a) While on any property under the
					 jurisdiction of the division, no person shall feed or deliberately introduce
					 any food material, substance, or attractant directly to, or in the vicinity of,
					 any colony, stray, wildlife, or feral animal except as authorized by the
					 department or the department's authorized representative.
(b) Animals include, but are not limited to
					 birds, cats, chickens, deer, dogs, eels, fish, mongooses, pigs, rodents, seals,
					 sharks, and turtles.
(c) Nothing in
					 this section prohibits the use of bait or chum to attract fish for fishing or
					 harvesting purposes.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 4 - CONDUCT OF THE PUBLIC › Section 13-232-57.2 - Animal abandonment and creating or contributing to colonies prohibited

Current through June, 2024
(a) While on any property under the
					 jurisdiction of the division, no person shall abandon an animal or create or
					 contribute to a colony.
(b)
					 Violators shall be fined not less than $50 and not more than $1,000 or
					 sentenced to a term of imprisonment of not more than thirty days, or both, for
					 each violation and shall also be subject to penalties in accordance with
					 section
					 143-2.6, Hawaii
					 Revised Statutes.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 4 - CONDUCT OF THE PUBLIC › Section 13-232-58 - Sleeping or camping prohibited

Current through June, 2024
Sleeping or camping or both in any state facility or
						property under the jurisdiction of the division is prohibited except on board a
						vessel moored in a small boat harbor with the proper authorization of the
						department.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 4 - CONDUCT OF THE PUBLIC › Section 13-232-59 - Assumption of risk

Current through June, 2024
Any person visiting or using a small boat harbor or
						facility or offshore mooring area does so at the person's own risk. The
						department does not assume any responsibility for loss of or damage to property
						or for injury to or death of persons within a small boat harbor or facility or
						offshore mooring area and any person visiting or using a small boat harbor or
						facility or offshore mooring area does so at the person's own
						risk.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 232 - SANITATION AND FIRE SAFETY › Subchapter 4 - CONDUCT OF THE PUBLIC › Section 13-232-60 - Serving, sale, and consumption of liquor in State small boat harbors, and boat launching facilities

Current through June, 2024
(a) It is declared
					 to be the intent of the department to prohibit the open and unrestricted use or
					 consumption of liquor on or within state small boat harbors and boat launching
					 facilities. For the purpose of this section, "liquor" or "intoxicating liquor"
					 shall mean the same as defined in section
					 281-1,
					 Hawaii Revised Statutes.
(b) No
					 person shall possess, other than in a container in the manufacturer's sealed
					 condition, intoxicating liquor on any street or sidewalk, or in any public
					 off-street parking area or any building located thereon within a state small
					 boat harbor or state boat launching facility.
(c) The prohibitions contained in subsection
					 (b) shall not apply to:
(1) Possession, use,
					 or consumption of intoxicating liquor on board a vessel with a valid mooring
					 permit;
(2) Intoxicating liquor
					 procured from a vendor dispensing intoxicating liquor pursuant to a permit or
					 license issued by the department when the intoxicating liquor is possessed or
					 consumed in a manner and in a place consistent with the terms and conditions of
					 such permit or license;
(3) The
					 consumption or possession of an intoxicating liquor in a motor vehicle upon any
					 public street, road, or highway; or
(4) The possession of a container of wine
					 authorized to be removed from liquor-licensed premises pursuant to section
					 281-31(q),
					 Hawaii Revised Statutes, provided that the container has been corked or
					 resealed.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 233 - MOTOR VEHICLE AND PARKING RULES › Subchapter 1 - MOTOR VEHICLE RULES › Section 13-233-1 - General statement; traffic code and county ordinances

Current through June, 2024
The Statewide Traffic Code, chapter
						291C, Hawai'i Revised Statutes, as
						amended, and any other applicable ordinances of the particular county in which
						a small boat harbor is located, shall apply to the operation of motor vehicles
						on the parking areas and roadways of a small boat harbor just as though the
						parking areas and roadways are a part of the public streets, roads, or highways
						of the particular county involved, and by reference, are incorporated in these
						rules and made a part hereof as though fully recited in these
						rules.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 233 - MOTOR VEHICLE AND PARKING RULES › Subchapter 1 - MOTOR VEHICLE RULES › Section 13-233-2 - Licensing and safety inspection

Current through June, 2024
No vehicle shall be operated or parked at a small boat
						harbor unless such vehicle is currently licensed by the appropriate
						governmental agency and has the required evidence of safety
						inspection.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 233 - MOTOR VEHICLE AND PARKING RULES › Subchapter 1 - MOTOR VEHICLE RULES › Section 13-233-3 - Operation of motor vehicles

Current through June, 2024
No motor vehicle shall be operated in a small boat
						harbor in a careless or negligent manner or in disregard of the rights and
						safety of others, or without due caution or circumspection, or at a speed or in
						a manner which endangers or is likely to endanger person or property, or while
						the operator thereof is under the influence of an intoxicant as defined under
						chapter
						291E, Hawai'i Revised Statutes, or
						if the vehicle is so constructed, equipped, loaded, or in a condition which
						would endanger or be likely to endanger other persons or other person's
						property.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 233 - MOTOR VEHICLE AND PARKING RULES › Subchapter 1 - MOTOR VEHICLE RULES › Section 13-233-4 - Traffic controls

Current through June, 2024
All vehicular traffic shall comply with any lawful
						order, notice, signal, or direction of any regular or special police officer.
						When such traffic is controlled by signs and pavement markings, the signs and
						markings shall be obeyed unless a regular or special police officer directs
						otherwise.