Hawaii Administrative Code

At least five working days before the date set for hearing on an appeal, the respondent shall file with the council a concise memorandum setting forth the facts and law in support of its determination to not accept the appellant's environmental impact statement. Notes Haw. Code R…

A. An appeal shall be conducted as a contested case under chapter 91, Hawaii Revised Statutes. The council, upon receipt of an appeal, shall order the matter set for hearing. A notice of hearing shall be served at least fifteen days before the hearing upon the appellant and the r…

A. Subpoenas requiring the attendance of witnesses or the production of documentary evidence from any place within the State of Hawaii at any designated place of hearing may be issued by the presiding officer or any designated member of the council or by the hearing officer. Appl…

A. The office of the environmental council shall be located at such place and address as the council shall from time to time designate. All communications to the council shall be addressed to the environmental council, unless otherwise specifically directed. B. The office of the …

A. At the commencement of the hearing, the presiding officer or hearing officer shall read the notice of hearing and shall then outline briefly the procedure to be followed. This procedure, unless specifically prescribed in this chapter or by chapter 91, Hawaii Revised Statutes, …

A. The council may delegate to any individual the power or authority vested in the council as it deems reasonable and proper for the effective administration of chapter 343, Hawaii Revised Statutes, except the power to adopt, amend, or repeal rules. B. The council by written reso…

A. The term "public records" as used in this chapter is defined as in section 92-50, Hawaii Revised Statutes, and shall include all maps, rules, environmental impact statements and related documents, written statements of policy or interpretation formulated, adopted, or used by t…

A. The council on its own motion, or upon the petition of any interested person or any agency of the federal, state, or county government, may hold such proceedings as it may deem necessary from time to time in the performance of its duties, or the formulation of its rules. Proce…

Any party to a hearing, up to five days before the proceeding, may file an affidavit that one or more of the council members or a hearing officer has a personal bias or prejudice. The council member against whom the affidavit is so filed may answer the affidavit or may file a dis…

The council, upon its own initiative or upon motion, may consolidate for hearing or for other purposes or may contemporaneously consider two or more proceedings that involve substantially the same parties, or issues that are the same or closely related, if it finds that the conso…

A. All requests, appeals, pleadings, submittals, petitions, reports, maps, exceptions, briefs, memoranda, and other papers required to be filed with the council in any proceeding shall be filed at the office of the council at Honolulu, Hawaii, within the time limits prescribed by…

(a) To protect the public water systems from the possibility of contamination or pollution by isolating within its customers' internal distribution system(s) or its customers' private water system(s) such contaminants or pollutants which could backflow or backsiphon into the publ…

When a county government has adopted an ordinance governing cross-connection and backflow prevention, and the provisions of the ordinance and the methods of enforcement by the county government are approved in writing by the director, said ordinance, and not these regulations, sh…

If any provision of this chapter, or its application to any person or circumstance is held invalid, the application of such provision to other persons or circumstances, and the remainder of this chapter, shall not be affected thereby. Notes Haw. Code R. § 11-21-11 [Eff. 12/26/81]…

As used in this chapter: "Agency" means the department of health, State of Hawaii, and vested with the authority and responsibility for the enactment and enforcement of this ordinance. "Airgap" means the unobstructed vertical distance through the free atmosphere between the lowes…

The director shall be allowed to enter any building or premise at any reasonable hour and be permitted to inspect or reinspect the plumbing facilities for cross-connections or other structural or sanitary hazards, including violations of these regulations. When such a condition b…

Before any backflow prevention device is installed, the device shall be manufactured in full conformance with the standards established by the American Water Works Association--AWWA--C506-78 and have met completely the laboratory and field performance specification of the Foundat…

The backflow prevention device shall be installed on the consumer side of the property line and as close to the water meter where applicable as physically possible. Connections or tees between the meter where applicable and the backflow prevention device will not be permitted wit…

Within a reasonable time following the adoption of this regulation, existing cross-connections between a public water system and any secondary water system shall be eliminated or protected by means of an approved backflow preventor. Notes Haw. Code R. § 11-21-6 [Eff. 12/26/81] (A…

(a) The following guidelines relating to backflow prevention devices for irrigation systems shall apply: (1) Atmospheric vacuum breakers shall be installed after the last control valve of each sprinkler circuit and at a minimum of six inches above the highest irrigation head. The…

(a) It shall be the responsibility of water users to maintain all backflow preventors and vacuum breakers within the building or on the premises in good working order. No piping or other arrangement for the purpose of bypassing backflow devices shall be permitted. (b) Periodic te…

(a) The director shall notify the owner, or authorized agent of the owner, of the building or premise in which there is found a violation(s) of these regulations. The director shall set a specific time for the owner to have the violation(s) removed or corrected. If the owner fail…

(a) The board may, in its discretion or upon the application of any interested person or an agency of the state or county government hold such proceedings as it may deem necessary for the purpose of obtaining information necessary or helpful in its rules, regulations, design spec…

Notes Haw. Code R. §§ 11-216-10 to 11-216-14

The petition requesting an adoption, amendment, or repeal of any design specification shall be in writing and shall include: (1) The petitioner's name, mailing address, and telephone number; (2) The petitioner's signature or the signature of the petitioner's authorized representa…

The petitioner shall file the petition requesting the board to adopt, amend, or repeal any design specification to the board's office. Notes Haw. Code R. § 11-216-101 [Eff and comp NOV 25 2013] (Auth: HRS § 348F-6) (Imp: HRS § 103-50) Comp 5/14/2017

(a) Within sixty calendar days after the petition is filed, the board shall: (1) File a written ruling denying the petition and stating the board's reason or reasons for the denial, (2) Initiate proceedings as provided under this chapter, or (3) Notify the petitioner of action to…

Every petition requesting the adoption, amendment, or repeal of any design specification shall be reviewed by the facility access unit. A petition requesting the adoption, amendment, or repeal of any design specification may be submitted directly to the board. Submission of a pet…

The board may dismiss any petition which requests the adoption, amendment, or repeal of any design specification if the petition fails to comply with the requirements of § 11-216-100 of these rules. Notes Haw. Code R. § 11-216-104 [Eff and comp NOV 25 2013] (Auth: HRS § 348F-6) (…

At the board's discretion and upon written notice to the petitioner, the board may provide written notification of the petition requesting the board to adopt, amend, or repeal any design specification to any person or persons for review and recommendations on the petition. Notes …

A proceeding may be commenced by the board in its own discretion or upon the application of any interested person when the processing of such application necessitates such a proceeding- Notes Haw. Code R. § 11-216-106 [Eff and comp NOV 25 2013] (Auth: HRS § 348F-6) (Imp: HRS § 10…

The presiding officer or his or her designee shall maintain a docket of all requested actions for adoption, amendment, or repeal of any design specification and each request shall be assigned a number. Notes Haw. Code R. § 11-216-107 [Eff and comp NOV 25 2013] (Auth: HRS § 348F-6…

(a) An individual may appear in their own behalf, and an officer or employee of any agency of the State or a political subdivision of the State may represent such agency in any proceeding before the board. (b) A person may be represented by or with counsel in any proceeding under…

Upon request and for good cause shown, the presiding officer may order substitution of parties, except that in case of death of a party, substitution may be ordered without the filing of a motion. Notes Haw. Code R. § 11-216-109 [Eff and comp NOV 25 2013] (Auth: HRS § 348F-6) (Im…

The presiding officer, in his or her own discretion or upon request, may consolidate and contemporaneously consider two or more cases which involve substantially the same parties, or issues which are the same or closely related, if he or she finds that such consolidation or conte…

(a) Any person not a party to the action may seek to become a party by filing a request to intervene. The request shall state the grounds upon which the person claims to have an interest in the proceeding. At least ten calendar days before the proceeding, the person shall file th…

If any document initiating, or filed in, a proceeding is not in substantial conformity with the applicable rules or regulations of the board as to the contents thereof, or is otherwise insufficient, the board, in its discretion, or upon the request of any party, may strike or dis…

All design specification proceedings shall be held at the time and place set in the notice of proceeding; however, the presiding officer may at such time and place continue the proceeding from day to day or adjourn the proceeding to a later day or to a different place without not…

All final, orders, opinions, or rulings entered by the board in a design specification proceeding shall be served upon the parties or persons participating in the proceeding by mailing a copy of the decision and orders and accompanying findings and conclusions within a reasonable…

Document retention shall be in accordance with section 11-216-56. Notes Haw. Code R. § 11-216-115 [Eff and comp NOV 25 2013] (Auth: HRS § 348F-6) (Imp: HRS § 103-50) Comp 5/14/2017

(a) Unless otherwise provided by statute, rule or order of the board, all information contained in any pleading, submittal, petition, application, charge, statement, recommendation, report, map, exception, brief, memorandum, or other document filed with the board shall be availab…

(a) All construction documents submitted to the board for review shall be filed with the appropriate review fee at the board office during regular office hours. Construction documents with the appropriate review fee may be sent by mail or hand-carried to the board in Honolulu, Ha…

The board staff shall review all construction documents filed with the board for each project subject to section 103-50, HRS, and shall prepare a written report listing items in the construction documents that do not conform to the accessibility guidelines, Notes Haw. Code R. § 1…

(a) If an applicant submits a design that departs from the minimum requirements for accessibility as specified in the accessibility guidelines, the submitted design shall provide equal or greater accessibility. As required by this chapter, an applicant shall submit in writing a r…

(a) If, during document review the applicant or board staff finds that a clarification of a portion of the accessibility guidelines is necessary, the applicant or board staff shall submit in writing a request for an interpretive opinion to the board as required by this chapter. (…

(a) The staff shall forward the document review report with the project's construction documents to the department or agency project manager or design consultant that originated the submittal. (b) The written report shall list the title and date of the construction plan, specific…

(a) When an applicant for a site specific alternate design or similar action has an application pending before the board, the board may require the applicant to pay all costs related to the processing of said application. Costs may include processing fees, proceeding costs and co…