Trash burning

[Bob Orts]

quote:

---

Originally posted by KathyH

It is illegal where I live.

---

Correct. Hawaii County Code allowes for residential trash burning. There are restrictions when weather, health or a hazard exist. It is the FIRE Dept and HEALTH Dept that issues restrictions. The POLICE do not enforce residential trash buring limits outside of some declaration by one of those agencies. The Fire and Health Dept's are the first step.

[Guest]

LEROY,

without a street how is one to know if that your complaint is valid, surly other would have witnessed this. Sounds more like you are having troubles with a neighbor and don’t know how to deal with it. Try love and kisses.

The Lack

The Lack Toons

[Obie]

Here are the facts on burning on the Big Island from the county website.

OPEN BURNING IS RESTRICTED ON HAWAI`I ISLAND
Burning of leaves, grass, weeds & similar
material is permissible only under these
conditions:
• Burn only 25 lbs. per day, per family unit.
• Burn area must be at least 50 ft from any
building.
• Burn only between 9 am & 6 pm.
• Burn must be attended by an adult & must not
impact neighboring residences.
• Fire must be contained in an approved waste
burner more than 15 ft from any structure.
• No bonfire allowed unless fire is more than 500
ft from any structure.
All open burning is prohibited on “NO BURN
DAYS” and may be restricted by other
government agencies in times of excessive
vog, drought, or fire hazard.
Agricultural burning is restricted to legitimate
businesses which have a valid burn permit from
the Department of Health.

[808blogger]

Citation needed for these "facts" please. what is written in the "Code" is different.

quote:

---

Originally posted by Obie

Here are the facts on burning on the Big Island from the county website.


• Burn only 25 lbs. per day, per family unit.
• Burn only between 9 am & 6 pm.
• must notimpact neighboring residences.

---

here is the "Code" from the COH website
http://www.co.hawaii.hi.us/countycode/chapter26.pdf

Section 26-17.1. Bonfires and outdoor rubbish fires.
Section 11.101 is amended to read:
Bonfires and outdoor rubbish fires.
Sec. 11.101.
(a) Except as provided by section 11.117, all bonfires, rubbish fires, and incinerator fires are
prohibited when the State of Hawai‘i director of health declares a "no burn" day.
(b) Location Restricted. No person shall kindle or maintain any bonfire or rubbish fire or
authorize any such fire to be kindled or maintained on any private land unless the fire is located
more than 500 feet from any neighboring residence and (1) the location is more than 50 feet from
any structure and adequate provision is made to prevent fire from spreading to within 50 feet of any
structure, or (2) the fire is contained in an approved waste burner located safely more than 15 feet
from any structure.
© Attendance of Open Fires. Bonfires and rubbish fires shall be constantly attended by a
competent person until such fire is extinguished. This person shall have a garden hose connected to
the water supply, or other fire-extinguishing equipment readily available for use.
(d) Chief May Prohibit. The chief may prohibit any or all bonfires and outdoor rubbish fires when
atmospheric conditions or local circumstances make such fires hazardous.
(e) Chief May Issue Permit. Notwithstanding any provision to the contrary, the chief may issue a
permit to kindle or maintain any bonfire or rubbish fire upon a determination by the chief or the
chief’s authorized representative that such burning will not create an unreasonable hazard to public
safety or health. In determining whether to approve an application for such a permit, the chief or the
chief’s authorized representative shall consider the following factors:
(1) The weather and local conditions prevailing at the time the application is submitted;
(2) The proximity of any buildings, pasture, forest, or brush lands to the location of the fire
and the hazards which may be posed to such property by the fire;
(3) The safeguards which the applicant can provide to control the fire or prevent its spread;
(4) Whether other reasonable alternatives to the burning of waste material at the location
exist; and
(5) The proximity and availability of water and firefighting equipment to the location of the
fire.

[Obie]

I posted a summary from a different source to make it easy to understand.

http://www.recyclehawaii.org/images/stor...e_2006.pdf

[808blogger]

It is my understanding that the CODE posted on the Hawai County website is the full "Code" including amendments. This source you sight, makes no reference to any section of the code, in ref to what i am asking you to clarify. please cite an "official" section of the Hawaii County code that addresses the SPECIFIC questions i raised.
recyclehawaii.org can offer their opinion on what the "law" is but they are not an expert on law and are not citing "law" but opinion in the form of a pamphlet.

Thank you.

quote:

---

Originally posted by Obie

I posted a summary from a different source to make it easy to understand.

http://www.recyclehawaii.org/images/stor...e_2006.pdf

---

[missydog1]

808, you can wrangle with Obie about the code if you want, but all a person needs to do is talk to the Fire Department to make a complaint and get a response on whether it's valid. If one wants to know how the code is interpreted and enforced, talk to the people who enforce it.

I came back to this because I wanted to add that I think it's better to talk to the neighbor first than to call the authorities. Unless the neighbor is too inaccessible, like mine was, or looks like a person with anger issues. Some people are not approachable and are hostile. Others are good natured people who are doing something annoying or dangerous without thinking about how they impact others.

[808blogger]

It would be a court that hears a valid complaint. The police and/or fire dept do not determine any laws.

It is better NOT to call the "authorities" especially if you neighbor is doing nothing wrong.

I constantly am reading in this forum about people griping about their neighbors.

[Obie]

I agree with Cathy.I ran into this about 10 years ago when I was burning some green waste.My neighbor called the fire department and when they responded, they checked and what I was doing was legal.If the neighbor had walked over to my lot and complained I would have put the fire out right then.She tried to call me on the phone while I was out in the yard tending the fire.
I did put out the fire and I haven't burnt anything since.

808 your entire post is beside the point.By the way the section you quoted is from the state DOH.

(8) Fires for the burning of leaves, grass,
weeds, wood which has not been painted with
lead paint or treated with insecticides or
pesticides, paper, and similar materials on
one's own premises, not exceeding four family
units and twenty-five pounds per day, per
unit, provided such burning is:
(A) Not within fifty feet of any habitable
building;
(B) Attended or supervised by an adult;
© Started and completed between 9:00 a.m.
and 6:00 p.m.;
(D) Not in violation of the rules of other
fire control agencies; and
(E) Subject to "no-burn" periods as
specified in section 11-60.1-55.
This exception shall not apply to any county
with a population greater than five hundred


You can find that here

http://hawaii.gov/health/environmental/a...1-60-1.pdf

I thought that the summary answered the questions on the subject.I didn't realize my post would have to stand up in a court of law.If you want I can go back and edit out the word code.

[Obie]

Wait,I didn't use the word code.