Question: I live in Kaimuki. My neighbor constantly is burning dry leaves from his mango tree. The smoke is terrible and going into all the neighbors’ houses, especially during Kona winds. Is burning leaves and brush and old branches allowed?
Answer: No.
Your neighbor faces a fine of up to $10,000 per violation, per day, if he continues to do so.
The open burning—or "backyard burning"—of leaves, weeds, grass and other yard waste, as well as of household trash, is not allowed in any county.
Open burning has been banned on Oahu since June 1973, when the prohibition was only for counties with populations greater than 500,000. Only Oahu met that population threshold.
However, the prohibition was extended to the neighbor islands in 2012.
"With the greater availability of alternative means of waste disposal, such as improved trash services, recycling, and composting on all islands, backyard burning is no longer a necessity," the state Department of Health said in a news release announcing the expanded ban.
Call the department’s Clean Air Branch at 586-4200 for information or to report any illegal burning.
There are a few exceptions to the open-burning prohibition, including agricultural burning of green waste with a permit from the Health Department.
We previously reported that exceptions also included pre-approved cooking of food, such as for "Huli Huli chicken" or imu fires and for bathing purposes, such as for the Japanese furo (see archives.starbulletin.com/2005/05/23/news/index.html and click on "Kokua Line").
Attended fires for the cooking of food remain an exception to the rule, but open burning for the heating of water for residential bathing purposes is prohibited, the Health Department said.
Question: I see people smoking in covered parking lots, such as at Sam’s Club and Walmart. They’re completely covered but people still smoke. Is that legal?
Answer: No.
Under state law, smoking is prohibited in enclosed or partially enclosed places open to the public.
Although parking garages are not specifically mentioned in Chapter 328J of the Hawaii Revised Statutes, they are among the prohibited places, said Julian Lipsher, chief of the state Department of Health’s Chronic Disease Management and Control Branch.
A "partially enclosed" building is defined as any area enclosed or partially enclosed by a roof and at least three walls. So, parking garages, other than the top, open floor, are covered under the law, Lipsher said.
He also noted that partial, waist-high walls are considered walls under the law.
"The argument for some people is that ‘I’m in my own car, I can do what I want,’" Lipsher said. But if the car is in a parking garage, "the parking garage is covered by the law thats how the interpretation goes."
The state’s smoking law can be found at is.gd/iEefRt.
MAHALO
To a kind and generous young man. I’m a handicapped senior citizen. I had a very hectic day recently. It was very late and I was on Beretania Street, so decided to turn into the Pizza Hut parking lot and get dinner. As I made my way into the entrance, I heard a voice say, "I’ll help you. I’ll help you." This young man came up and held the door open for me. I thanked him and jokingly said, "It’s no fun getting old." We both laughed. I dont know where he went after that. After I placed my order, I was talking to the cashier when another worker came up and placed some money on the counter. I thought he was going to order something. Instead, he turned to me and said, "This is for you." I was taken aback. He said, "This is for you from the man who opened the door for you." It was a $10 bill. I was so surprised and wanted to catch the young man and thank him, but he had already left. This was the nicest thing that has ever happened to me. I just want to tell him that I’ll never forget this random act of generosity and wish him all the best. — Mrs. Ho
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