Chapter 19-17

HAWAII ADMINISTRATIVE RULES
TITLE 19
DEPARTMENT OF TRANSPORTATION
Repeal of Chapter 19-17 and Adoption of
Chapter 19-17.1, Hawaii Administrative Rules
November 30, 1990
SUMMARY
1. Chapter 19-17 is repealed.
2. Chapter 19-17.1 is adopted.

HAWAII ADMINISTRATIVE RULES
TITLE 19
DEPARTMENT OF TRANSPORTATION
SUBTITLE 2
AIRPORTS DIVISION
CHAPTER 17.1
SMALL PLANE HANGAR UNITS AND TIE-DOWN SPACES
AT PUBLIC AIRPORTS
§19-17.1-1 Policy
§19-17.1-2 Definitions
§19-17.1-3 Application for space permit
§19-17.1-4 Hangar and tie-down space permits not
transferable
§19-17.1-5 Subletting
§19-17.1-6 Change of hangar and tie-down space
assignment
§19-17.1-7 Delinquent rental; penalty
§19-17.1-8 General liability insurance
§19-17.1-9 Electricity charges
§19-17.1-10 Locks
§19-17.1-11 Inspection
§19-17.1-12 Removal of aircraft
§19-17.1-13 Fire safety
§19-17.1-14 Flammable liquids
§19-17.1-15 Electricity
§19-17.1-16 Other safety provisions
§19-17.1-17 Signs and commercial activity
§19-17.1-18 Motor vehicles
§19-17.1-19 Enforcement
§19-17.1-20 Penalty
§19-17.1-21 Revocation of permit
Historical note. This chapter is based
substantially on chapter 19-17, Hawaii Administrative
Rules, entitled "Small Plane Hangar Units at Public
Airports". [Eff 05/22/76; R 06/12/81]

§19-17.1-1 Policy. Small plane hangars and
tie-down spaces are provided primarily for the storage
and maintenance of active airworthy aircraft.
§19-17.1-2 Definitions. As used in this chapter,
unless the context clearly indicates otherwise:
"Aircraft" means airplanes, airships, dirigibles,
helicopters, gliders, amphibians, seaplanes, and other
contrivance now or hereafter used for the navigation of
or flight in air space.
"Airworthy aircraft" means any aircraft that is
operative and is safely able to taxi, take-off, fly and
land.
"Department" means the department of transportation
of the State of Hawaii.
"Director" means the director of transportation or
his authorized representative.
"Hangar" means (1) any building owned by the State
and deemed suitable by the department for the storage
of and maintenance of aircraft; or (2) hangar lot; or
(3) T-hangar.
"Hangar lot" means an open paved or unpaved land
area designated for the storage and maintenance of
aircraft or for the construction or installation of a
building to be used or for the storage and maintenance
of aircraft.
"Person" means any individual, firm, partnership,
corporation, trust, association, company, joint
venture, or any other legal entity (including any
assignee, receiver, trustee, employee, or other similar
representative), or the United States of America, or
any foreign government, or the United Nations.
"Public airport" means that area of land and water
under governmental jurisdiction which is used for
landing and taking-off of aircraft, any appurtenant
areas which are used for airport buildings or other
airport facilities or rights-of-way, together with all
airport buildings and facilities located thereon.
"State" means the State of Hawaii.
"T Hangar" means a small plane hangar installed by
the State.
"Tie-Down" means any portion of a public airport
designated temporarily or permanently by the Director
for the parking or storage of small aircraft.
[Eff FEB 11 1991] (Auth: HRS §261-12) (Imp: HRS
§261-7)

§19-17.1-3 Application for Space Permit. (a) Any
person desiring a small plane hangar, tie-down space,
or any other small aircraft space at a public airport
shall submit a written application in person or by mail
together with a filing fee of $15 for each type of
aircraft space desired (i.e., hangar building,
T-hangar, hangar lot, tie-down, helicopter pad) to the
district airport manager of the appropriate airport.
The application may contain a request for more than one
type of aircraft space but the $15 filing fee for each
requested space must also be tendered. The application
shall contain the name, mailing address, and telephone
number(s) and signature of the applicant, as well at
the type, model, and Federal Aviation Administration
registration number of the aircraft if the applicant
has possession and ownership of an aircraft. If the
applicant does not have an aircraft, the applicant
shall indicate the type, model or make of the aircraft
applicant is considering obtaining. The applicant is
responsible for keeping all information (i.e.,
telephone number, mailing address, etc.) on the
application current at all times.
(b) The department will date stamp each completed
application conforming with subsection (a) when it is
received. The filing date of the completed application
shall establish the applicant's position on the
respective waiting list(s) which shall be established
and maintained for each public airport as needed. Each
district airport shall maintain and make available to
interested parties the waiting list showing the
information required by this subsection and subsection
(a) of this section. An application will expire one
year after its filing date and will be voided and
applicant name deleted from the waiting list after a
30-day grace period from date of expiration. An
application may be continued for another year, without
payment of $15 filing fee provided the airport manager
maintaining the application receives a written request
prior to its expiration. The request for continuation
shall indicate which type of aircraft space is being
continued under the application.
(c) When a vacancy of a small aircraft space
occurs, the airport district manager shall first notify
the applicant with the earliest filing date of
application for that type of space by certified mail at
the address provided on the application. If the
certified mail is returned unclaimed or not
deliverable, the airport district manager shall delete
the applicant's name from the waiting list. The

applicant's application for that space will be voided,
and the available space offered to the next eligible
applicant. An applicant whose name has been deleted
from the waiting list pursuant to this subsection may
apply and be placed at the bottom of the waiting list.
(d) Upon receiving notice, the applicant must
respond in writing within fourteen (14) calendar days
of receipt of the certified letter of his or her
intention to accept or decline the space, if offered.
If applicant does not respond within fourteen days or
declines the offer, the airport district manager shall
contact the next eligible applicant as prescribed in
subsection (c) of this section, the applicant shall be
deleted from the waiting list. If an applicant who is
deleted from the waiting list submits a new
application, applicant will be placed on the bottom of
the wait list. Filing fee of $15 will be assessed for
each new application.
(e) If the applicant accepts the available space,
the applicant must: (1) meet all of the prerequisites
to be issued a lease or permit by the State in
accordance with chapters 171 and 261, HRS, and the
Department's rules, and (2) present evidence that the
applicant is the registrant of a certificated airworthy
aircraft, and (3) receive the airport manager's
approval that the aircraft is appropriate for storage
in the available space within fourteen (14) calendar
days from the date of the applicant's acceptance.
However, if the applicant's aircraft is under repair,
in shipment, or under construction at that time, then
the Director can grant a conditional waiver to allow
the processing of a permit with the requirement that
the applicant must have the aircraft certificated and
airworthy within six (6) months of the effective date.
If the applicant has fulfilled all of the above
requirements, but due to the size, features or
operational characteristics of the aircraft, the
aircraft may be inappropriate for the available space,
the applicant may decline the offer and still remain on
the top of the waiting list for the next vacancy of the
appropriate size or the Director can assign the
applicant to another space pursuant to Section 19-17.1-6.
An applicant that does not meet or satisfy the
requirements set by this subsection will be deemed
ineligible for the space and the applicant's name will
be deleted from the waiting list, the applicant's
application for that space will be voided and the space
shall be offered to the next eligible applicant.
(f) Upon the determination by the airport district
manager that the applicant is qualified and eligible
for the available space, the airport district manager

shall offer the available space for rental under the
terms, conditions and at the fees and rentals existing
at that time. Within fourteen (14) calendar days from
receipt of the offer to rent, the applicant shall
furnish the airport district manager the Federal
Aviation Administration's aircraft certificate of
registration, certificate of airworthiness, log books
or photocopy of the page in the log book that shows the
latest annual inspection, administrative fee, security
deposit, and sign and return any permit provided.
[Eff FEB 11 1991] (Auth: HRS §261-12) (Imp: §261-7)
§19-17.1-4 Hangar and Tie-Down Space Permits Not
Transferable. Hangar and tie-down space permits shall
not be transferable. A permit holder in good standing
may replace one owned aircraft with another owned
aircraft and retain his hangar rights provided that the
permit holder shall notify the airport operator within
five days. Hangar and tie-down space permits shall not
pass with the ownership of an aircraft.
[Eff FEB 11 1991] (Auth: HRS §261-12) (Imp: HRS
§261-7)
§19-17.1-5 Subletting. Subletting hangar space is
prohibited. A permit holder must be a registrant of an
airworthy aircraft to retain his hangar or tie-down
rights. [Eff FEB 11 1991] (Auth: HRS §261-12)
(Imp: HRS §261-7)
§19-17.1-6 Change of Hangar and Tie-Down Space
Assignment. The director may change the assignment
(location) of hangar space or tie-down space deemed
comparable by the director, to accommodate repairs,
improvements, maintenance, construction, emergencies,
or when necessary during a special event. Change of
assignments may also be made to improve operator's use
as deemed preferred by the Director. [Eff FEB 11 1991]
(Auth: HRS §261-12) (Imp: HRS §261-7)
§19-17.1-7 Delinquent Rental; Penalty. If a
tenant is delinquent in rent and fails, after thirty
days' written notice, to comply with this chapter, the
director may, after five days notice, move the aircraft
and equipment to an open storage area without liability
for any damage thereto. Upon said relocation, the

permit to occupy the hangar or tie-down space shall not
be renewed and the aircraft owner shall continue to be
liable for tie-down fees so long as the aircraft
occupies public storage space. Payment of overdue fees
shall not entitle the aircraft owner to return to a
hangar or tie-down space. [Eff FEB 11 1991] (Auth:
HRS §261-12) (Imp: HRS §261-7)
§19-17.1-8 General Liability Insurance. General
liability insurance in the amount of at least $500,000
shall be maintained by the permittee and kept in force
throughout the life of the permit. [Eff FEB 11 1991]
(Auth: HRS §261-12) (Imp: HRS §261-7)
§19-17.1-9 Electricity Charges. The director may
charge for electricity either on a pro rata basis or
through the use of individual meters for tenants who
are provided electrical service by the director,
providing that tenants shall, if required, pay for the
installation of individual meters. [Eff FEB 11 1991]
(Auth: HRS §261-12) (Imp: §261-7)
§19-17.1-10 Locks. All locks on T-hangar doors
shall conform to the master key system established by
the director. [Eff FEB 11 1991] (Auth: HRS §261-12)
(Imp: §261-7)
§19-17.1-11 Inspection. The director may enter
any hangar unit or tie-down area at any time for
inspection purposes and to remove and dispose of any
materials stored in violation of this chapter with no
responsibility for replacement of materials. [Eff FEB 11 1991]
(Auth: HRS §261-12) (Imp: HRS §261-7)
§19-17.1-12 Removal of Aircraft. Aircraft which
remain unairworthy or inactive (even though airworthy)
for a period of six months shall be presumed to be in
dead storage and may, at the discretion of the
director, be removed from its space to an area that the
director may designate for that purpose. The State
shall not be responsible in any manner for any aircraft
which is moved pursuant to this section.
[Eff FEB 11 1991] (Auth: HRS §261-12) (Imp: HRS
§261-7)

§19-17.1-13 Fire Safety. There shall be no
smoking, welding, or open flame permitted within hangar
buildings or within fifty feet of any aircraft.
[Eff FEB 11 1991] (Auth: HRS §261-12) (Imp: HRS
§261-7)
§19-17.1-14 Flammable Liquids. (a) No person
shall keep, store, or discard any flammable liquids in
or about the hangar buildings, except that (1) fuel may
be kept in standard approved tanks installed in an
aircraft for that purpose, and (2) paints, thinner,
solvents, flammable liquids having a flash point below
73 degrees Fahrenheit and boiling point below 100
degrees Fahrenheit, or flammable liquids having a flash
point at or above 73 degrees Fahrenheit and below 100
degrees Fahrenheit, and combustible liquids degrees
Fahrenheit and below 140 degrees Fahrenheit may be kept
in hangars if contained in approved closed metal
containers of not more than five gallons individual
capacity and not exceeding a total of ten gallons.
(b) No person shall use flammable liquids in the
cleaning of aircraft except in the aircraft washing
area designated by the director.
(c) No person shall use gasoline for the cleaning
of aircraft or aircraft parts within hangars or hangar
area.
(d) No person shall drain fuel from an aircraft
within a hangar or other building nor fuel any aircraft
within a hangar or other building. For the purpose of
fueling aircraft, only fuel servicing units operated by
recognized oil companies, fixed base operators, or
others having permission from the director shall be
permitted within the air operations area of the
airport.
(e) No person shall spray paints, dopes, solvents,
primers, thinners, or similar flammable materials
within a hangar.
(f) No open container of flammable liquids shall
be permitted other than during a period of actual use.
(g) Waste oil and other flammable liquid waste
shall not be kept in a hangar but shall be discarded in
the receptacles provided for this purpose.
[Eff FEB 11 1991] (Auth: HRS §261-12) (Imp: HRS
§261-7)
§19-17.1-15 Electricity. (a) No person shall
leave plugged into any power outlet of any unattended

hangar an electrical appliance other than one which
requires continuous electrical service for its normal
operation.
(b) No person shall operate an electrical
appliance in the presence of flammable liquids or
vapors.
(c) No person shall tamper with the conduits,
wiring, plugs, switches, or overhead light fixtures.
Alterations to the electrical circuits shall only be
made as indicated in the terms and conditions of the
space permit and completed work shall be subject to
inspection by the director.
(d) The director may disconnect electrical power
which, in the director's opinion, is being put to
unsafe or undesirable use, whether or not such use is
specifically prohibited in writing, and further may
block off an electrical circuit at any time its
improper use creates a hazardous situation. [Eff FEB 11 1991]
(Auth: HRS §261-12) (Imp: HRS §261-7)
§19-17.1-16 Other Safety Provisions. (a) Any used
rags or wipers shall be removed from hangars daily or
stored in covered metal containers.
(b) Storage of items or materials shall be kept at
a minimum and shall be limited only to those that are
required for the operation and maintenance of the
aircraft.
(c) No person shall wash aircraft in a hangar or
tie-down area or on a paved community ramp or taxiway.
This activity shall be conducted only in the area
designated by the director.
(d) Aircraft shall be parked inside its assigned
hangar or recessed sufficiently to allow the free
movement of other aircraft using the paved areas
serving the hangar units.
(e) No person shall start or operate any aircraft
engine in a hangar or in such position that a hangar,
shop, other building, other aircraft, parked
automobiles, or person may be adversely affected by the
propwash or rotor blade downwash. [Eff FEB 11 1991]
(Auth: HRS §261-12) (Imp: HRS §261-7)
§19-17.1-17 Signs and Commercial Activity. (a) No
sign shall be permitted without the prior authorization
of the director.

(b) Commercial business shall be conducted from a
hangar only with the prior authorization of the
director. [Eff FEB 11 1991] (Auth: HRS §261-12)
(Imp: HRS §261-7)
§19-17.1-18 Motor Vehicles. No motor vehicle
shall be permitted in any hangar or tie-down area
except upon specific permission of the director. [Eff FEB 11 1991]
(Auth: HRS §261-12) (Imp: HRS §261-7)
§19-17.1-19 Enforcement. Enforcement of this
chapter shall be as set forth in §261-17, Hawaii
Revised Statutes. Any appeal of any action taken to
enforce this chapter shall be governed by Chapter 19-1,
"Practice and Procedure", Hawaii Administrative Rules.
[Eff FEB 11 1991] (Auth: HRS §261-12) (Imp: HRS
§261-7)
§19-17.1-20 Penalty. Penalties for violation of
this chapter shall be as set forth in §261-21, Hawaii
Revised Statutes. [Eff FEB 11 1991] (Auth: HRS
§261-12) (Imp: HRS §261-7)
§19-17.1-21 Revocation of Permit. Any failure by
a permit holder to comply with these rules, permit
terms and conditions which may be added under the
department's custodial management powers, or any
misrepresentation of any fact upon any form or document
required by these rules shall result in the immediate
revocation of the space permit. [Eff FEB 11 1991] (Auth:
HRS §261-12) (Imp: HRS §261-7)

DEPARTMENT OF TRANSPORTATION
The repeal of chapter 19-17 and the adoption of chapter
19-17.1, Hawaii Administrative Rules, on the Summary Page dated
November 30, 1990, following public hearings on September 19
and 20, 1990, after public notices were given in the Honolulu
Star Bulletin, Honolulu Advertiser, Garden Island News, Maui
News, Hawaii Tribune-Herald and West Hawaii Today on August 17,
1990.
The repeal and adoption shall take effect ten days after
filing with the Office of the Lieutenant Governor.
EDWARD Y. HIRATA
Director of Transportation
APPROVED:
JOHN WAIHEE
Governor
State of Hawaii
Dated: JAN 31 1991
APPROVED AS TO FORM:
Deputy Attorney General
Filed

HAWAII ADMINISTRATIVE RULES
TITLE 19
DEPARTMENT OF TRANSPORTATION
CHAPTER 17
SMALL PLANE HANGAR UNITS AT PUBLIC AIRPORTS
Repealed
§19-17-1 to 19-17-21 Repealed. [FEB 11 1991]

NOTICE OF CHANGE
2/4/91
The citation of authority for §19-17.1-1, Hawaii
Administrative Rules, is changed to read as follows:
[Eff FEB 11 1991] (Auth: HRS §261-12) (Imp: HRS §261-7)