us-hi-regs-official-9042c33ea5733b2b8e509937dddbeb215ca334ce7a4d46e69cab327327a6dedb•Chapter 19-17.1
Chapter 19-17.1
us-hi-regs-official-9042c33ea5733b2b8e509937dddbeb215ca334ce7a4d46e69cab327327a6dedbChapter 19-17.1Regulation
HAWAII ADMINISTRATIVE RULES TITLE 19 DEPARTMENT OF TRANSPORTATION Repeal cf Chapter 19-17 and Adoption of Chapter 19-17.1, Hawaii Administrative Rules November JO, 1990 SUMMARY 1. Chapter 19-17 is repealed. 2. Chapter 19-17.1 is adopted. 12
HAWAII ADMINISTRATIVE RULES TITLE 19 DEPARTMENT OF TRANSPORTATION SUBTITLE 2 AIRPORTS DIVISION CHAPTER 17.! SMALL ?LANE HANGAR tJNITS AND TIE-DOWN SPACES AT PUBLIC AIRPORTS §19-17.:.-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 liqu~ds §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. 7his chapter is based substantially on chapter 19-17, Hawaii Administru~ive "rtules, entitled ''Small Plane Hangar Uni -:.s a-:. P'-"blic Airports". (Eff 05/22/76; R 06/12/81} 17.1-1
§19 - 17-l.l 519 - 17.1 - l Policy . Small plane hangars and ::ie-down spaces are provided prima rily !or the storage and maintenance of active airworthy airc;aft. 519-17.1-2 Defini;ions. As us ed in this chapter, unl e s s the context clearly i ndicate s otherwise: " Aircraft" means ai r planes, lirships, di r igibl es, he licopte rs , gliders, amphibian~ . se ap lanes, and other contrivance no w o r hereafter usea for the navigation of or flight i n air space. "Airworthy aircraft" means any aircraft that i s operative and is safely able to ta xi , take-off, fly and land. " Department" means the departl:lent of transportation of the State of Kawaii. "D irector" ::~e ans t:he director of t~ansportation or his authorized reoresentat iv e. "K anqar" me ans (1) any building owned by the State and deemed suitable by the department for the storage o f and maintenance of ai r craft; or (2) hangar lot; or (J) '!'-hanga r. "Kangar lo t" means an open paved or unpaved land area designated for ::he storage and maintenan ce of air craft or for the construction or ins ta llation of a building to be used or for th e stor age and maintenanc e of a i rcraft. "P er son" means any individual, firm, partnership , corporat i on, trust, association, compa ny, joint ve nture, or any other leg a l entity (i ncluding any assignee, receiver, trustee, employ ee , or other similar representative), or the Uni t ed Stat es of Amer1ca, or any forel~n governm ent , or the United Natio ns . ''Pub lic airport'' means that area of land and water under governmental ju r isdictio n wh ich 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 fac~lities loc at ed thereon. "State" oeans the State of Hawaii. "T Hangar" ~eans a small pl a ne hanga r i nstalled ty the State. ''Tie-Down'' means any portion of a public a i rport designated temporarily or permanently by ~he Director (o r the parkinq or storage of small aircr3ft. ( Eff FE B I !19911 (Auth: HRS §261-12) (I mp: HRS §261-7) 17.1-2
519-17.1-3 519 - 17.1-J Application t cr Space Permi; . (a ) Any pa rson desiring a small plane hangar, ~ie-down space, or any o~~er small aircraft space at a public a irpor~ shall submit a written app lic ation in person or by ma il tog~:her with a t iling fee o! $15 tor ea ch type of a ircra ft space desired (i.e., hangar building, T-hanqar, h angar lot, tie-down, helicopter pad) to the cl.istrict airport 111anager ot th e appr opri ate a irpor : . The application may contain a request !or mora than one type ot aircraft space but the $15 til in g tee t or each requested spac e must also be tendered. The app lication shall contain the name , mailing address , and telephone number ( s) and signature o! the applicant , as we ll a t the type , :~odel, and r':ieral Aviation Admin!.stration rec;i.s -::rat !on nu.::l;) e r o! t .he a irc raf t i t t!:e applicant has possession and ownership ot an aircra!:. I! the applicant does not have GD air cratt, :he appl ican t shall in dicate t he type, modal or make o! the aircra!: applicant ~s considering obtaining. The a?plicant :s responsible tor ke e ping al l into:nat ion (i. e ., te l ephone null\ber, mailing address, etc.) on the application current at all t ime s. (b ) The de partment wi l l date stamp each co mp leted a pplic ation conforming with subseceion (a) when it is re ceiv e d. The filinq date of the co~pleted application shall est ablish the applicant's posit ion on the respective waitinq list(s) which sha ll be esta blish ed and main~ained tor each public airp ort a s needed. !ach d~stric~ airport shall maintain a nd make available t~ int erest~d p~rties the wait ing list showing tr.e i~!o~a t~c n required by this 3ubse~tion ar.d subsectio~ ( a) ot this section. .~.n app lication will exp ir e one year a fter i ts filinq date and will be voi d ed and applicant name deleted fro~ the wai tinq list after a JO-day grace period from data ot expirati on. An application cay be continued tor a nother year, without pa~ent o! Sl S tilinq , !ee provided the airport manager maintaining the app lica tion receives a written requ es t prior to its expiration. The request !or cor.tinu~tior. shall indi cate which type o f aircraft spac e is beinq continued under th e app lic at io n. (c) When a vacancy o! a small aircraft space occ~rs, the airp ort di strict manac;er shall firs: noti!y the app~ican: with the earliest !ilinq date of appl i cation t or that type ot spa ce by cer -::ifie ~ :ail a: the address p ro v ided on t he applicati on. !! t he certified mail is returned unclaimed or not deliverable, the airp or t district r.anaq er shall delete t he applicant ' s name fro~ th e waitinc; lis:. the l7.l-J
§19-17.1-J 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 ~aiting 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 appro~riate size or the Director can assign the applicant to another space pu~suant 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 distric~ manager that the applicant is qualified and eligible for the available space, the airport district manager 17. 1-4
519-17.1-3
shall offer ehe available . space .for . rene~~ under t~e
terms, conditions and at the . !ees and rentals existing
at that time. Within fourt~en (1 4) . calendar days from
receipt of the otter to rent; the applicant shall
furnish the airport district manager the Federal
Av i ation Administration's a ircr aft · certi!icate of
registration, certiticaee 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 1 !1991 ) (Aueh: HRS 5261-12) (!l:lp: §261-7)
519-17.1-4 Hangar and Tie-Down Space Permits ri ot
T ransferable. Hangar and tie-down · space permits snall
n oe te tra~sferable. A permit bolder in good stand i ~g
=ay replace one owned aircraft with anoeher . owned
aircraft and retain his hangar rights provided ~hat the
permie holder shall noeify the airport cperaeor within
Cive days. Hangar and tie-down space per:ies shall not
pass with the ownership of an aircraft.
( F.f! FEB 1 !19911 (Auth: HRS §2.61-12} (I:p: HRS
526 1 -7) .
S19-l7 .1-5 Subles:-::ing. Subles:ting hangar space is
prohibited. A permit holder muse be a reoistrant c: an
airworthy aircraft to retain his . har.gar o= tie-dc~r.
:: igh ::s. : E!! FEB 1 1 1991 ) ( Auth: HRS §261-12)
( I::>p: HRS §261-7)
Sl9-l7.l-6 Chance of Hangar a nd Iie-Q;wn Scacg
; ssiqnmen~. The director may change !:he assignmenc
( locas:ion) of hangar space or tie-down space deemed
~omparabl e by the director, to acco~odas:e repairs.
improvem ents , maintenance , construction, e~ergencies,
or when necessary dur i ng a special event. Change of
assignments may also be made to improve operator's use
as deemed preferred by !:he Director. { F.Ct FeB 1 I 1991)
( Auth: HRS §261-12) (Imp: HRS §261-i)
Sl9-l7.1-7 Del in quent Ren tal; Penaltv. If a
tenant is delinquent in rent and fai l s, after s:hirty
day s ' written notice, to compl y with this chapter, the
director ~ay, a!ter five days notice, move the aircraft
and equipment to an open seorage area withous: liabilit y
for any damage thereto. Upon said relocation, s:he
17.1-5
Sl9-t7.>7
permit to occupy the hangar or tie-down space shall not
be renewed and the airc"aft owner shall con~inue to be
liable for tie - down f~es so long as the aircraft
occupie s public storage space. Payment of overdue fees
shall not entitle the aircraft owner to return to a
hang ar or tie-down space. (E ft FEB 1 1 1991 ) (Auth:
HRS §261-12) (Imp: HRS §261-7)
§19-17 .1- 8 General Liability I nsurance . 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. ( r.u'FEB 1 11991 )
(Auth: HRS §261-12) (Imp : HRS 261-7)
§19-17.1-9 Electr!c ity Charges. 7he director :av
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,
p roviding that tenants shall, if requiredr ~ay for the
installation of individual meters. (Ef f r-Et:J I 119911
(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 direc tor . { Eff FE5 1 1 1991 J (Au th: HRS §261-12)
(Imp: §261-7)
§19-17.1-11 Inspection . The direc~=r may enter
any h angar unit or t~e-down area at any t!=e for
inspect1on purposes and to remove and dispose of any
materials stored in violation of this chapter with no
responsibility for replacement of materials. (Eff FEB 1 11991
J (A uth: HRS §261-12) (Imp: HRS §261-7)
§19-17.1-12 Removal of Aircraft. Aircraft ~hich
remain un air~orthy or inactive (even though airworthy)
for a period of six months shall be presu~ed to be in
dead storage and may, at the discretion cf the
director , be removed t rom its space to an area tr.at :he
director ~ay designate for that purpose. The State
shall not be responsible in any manner !or any aircraft
whic~~~ ~ov~~ , pursuant to this section.
(Eff ~t I l'.:l':l ) (Auth: HRS §261-12) ( Imp: HRS
§261-7)
17. l-6
519-17.1-13 5 19 - 17.1 - 13 Ei re Safety. There shall be no smoking, welding, or open flame permi tted within hangar buildin~s or within fifty teat of any a i rcraft. [ EU FEB 1119911 ( Auth: HRS 5261-12 ) ( Imp: HR S 5261- 7) 519-1 7. 1-14 flammable Liquids . ( a) No pe rs on shall keep, store, or discard any f l ammable liquids in or about the hangar buildings, except that (1) f uel rn ay be kept in standard approved tanks installed in an aircraft tor that purpose, and (2) paints, thinner, solvents , flammable liquids having a flash point below 73 deqrees fah renheit and ~ boiling point below 100 cegrees Fahrenh e i t , or ! l 3mmable liquids hav i ng a flash -:oin t at or above 73 dearees fahrenheit and t:elow 100 i egr es Fahren h eit , and 'com bu stible li q uids deg rees Fahre nh eit and below 140 degrees fahre~ h ait ~ ay be ke pt in hangars i f contained i n approved closed metal containers of not more than five gallons i ~dividual capac i ty and not exceeding a total of ten gallons . (b) Uo person shall use tla!Miable liquids in the · cleaning of aircraft except in the aircraft washing area designated by the director. ( c) No person shall u se gasolin e !or the cl ean in g of aircraft or aircraft p arts within hangar s cr hangar area.(d ) No person sh al l drain tuel !ro~ a~ a ir cratt ~ ithir a hangar or other euilding nor ~~e l any airc~at: 'Jitr. ~ ~. a hanqar or other build ing. for t:he pu rpose of tuel1nq a i rcraft, only fuel sP.rvicinq unit:s operat:ed by ~ecognized oil co mpanies , t : xed base cpe r a t:ors, or others having permission ~=o"- the d i rec~:or shall be permitted within the air ~perations area of tn e airport. ( a ) No person s h al l spray ?aints, dopes, solvents , primers, t hinn ers , or s i~ ilar ! l a~~able mate~ials within a h angar. ( ! ) No open conta in er o! ! l a~~ab l e li q uid s sh all be permitte d oth er than during a p er iod o! actual use. (g) Waste oil and other f l ammab le l! quid waste shal l not be kept in a hangar but shall be discarded in the receptacles provided f or th is purpose . ( Eff t'!=B l I 199 1) (Auth: ~RS 5261-l~ l ( I mp: HRS S261- 7t" 5 19 -1 7.1-1 5 Electri; i ;y . (a ) No perso~ sh a ll l ea ve plugged in ~:o any power o utlet of any u ~attanded 17 . 1 -7
:ilS-17.1-5 ~angar an eleccrical appliance ocher cnan one which requires conc1nuous eleccrical service for i ts nor~al ~paracion. . (b) Uo person shall operace an elecc~!cal appl i ance in the presence of f!ammable liqu1ds or •1apors. (c) No person sha l l tamper wich the conduits, wi r ing, plugs, swicches, or overhea d light fixcures. Alterations co the elect r ical circu1ts shall only be made as indicated in the terms and conditions of the space pe rm it and completed work shall be subject to inspection by t he director. (d) The director may disconnect electrical power ·.;hich, in the direccor's opinion, is being puc to unsafe or undesirable use, whether or not such use 1s specifically prohibited in wricir.q, and f~~ther ~ay :lock off an electr:cal circuic at any c:~e i ts :~proper use creaces a hazardous situaeion. · : Eff FEB 1 1 1991 ; (Auth: HRS §261-12) (Imp: HRS §261-7) Sl9-l7.1-l6 Other Safety Provisions. (a) Any used rags or wipers shall be removed fro~ hangars daily or scored 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 maincenance of the aircraft . (c) No person shall wash airc~aft in a hangar cr tie-down area or on a paved co::-..-:~uni..:y r-amp or- taxi·•ay. This activi t y shall be conducced only in the area ieslgnaeed by the director. (d) Aircraft shall be par}:ed i:-.side its assignee hangar or- recessed sufficiently to allow t~e free movement of other- air-craft using troe paved ar-eas serving the hangar units. (e) No person shall stare or- operate any a i rcraft engine in a hangar or- in such position that. a hangar, shop, other building, other air-craft, parked aueomobiles, or- person may be adversely af}_ected !:·: "~e prop·...ash or t'Otor blade downwash . ( Eft' Fc:o j 1 1991l ( Auth: HRS !;261-12) (Imp : HRS §261-i ) §19-li.l-17 Sions and c=~net"C~!l Acc!v i ;~. ( a) !lo sign shall be permltted without. t~e prlor auchor-i~ation of t~e dir-eccor . 17.1-3
... 519-17.1-17 (b) Commercial business shall be conducted fro~ a hangar only with .. ~lle prhorl authorization of the director. [Et'f l-td I i .99 ) (Auth: HRS 5261-12) (Imp: HRS §261-7) 519-17.1-18 Motor Ve hicles. No motor vehicle shall be permitted in any hangar or tie-down area except: up on speciric permission of the directo r. ( E~B I (Autl'l: HRS §261-12) (Imp: HRS 52.61-7) • '- 1991 §19-17.1-19 ;nforcement. Enforcement c! this chapter shall be as set: fcrt:h in §261-17, Hawaii Revised Statutes. Any appeal of any action taken to enforce this chapter shall be governed by Chapt:ar 19 -1 , "Prac:t:_i,..c;..e and,.. Procedure", :iawaii. Administ:r.at:i ve Rules. (Eft' 1'::0 f 1 1 ~9) (Auth: HRS §261-12) (Imp: HRS §261-7) §19-17.1-20 Pe nalty . Penalties for violation of this chapter shall be as set forth in §261-21, Hawaii Revised Statutes. [Et't'f£8 1 1 1991] (Auth: HRS 5261-12) (Imp: HRS 5261-7) 519-17.1-21 Reyoca tion of Perm;t. Any failure by a permit: holder to comply with these rules, per=it terms and conditions which cay be addad under the department's custodial canagement: powers, or any misrepresentation of any fact upon any form or docu~ent: required by these rule• shall result in the i~ediate revocation of tr..e space pern:it. :E!f c=: , •oru (Auth: HRS §261-12) (Imp: !lRS §261-7) ''-- I 11•::71 !.7.1-9
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. Director of Transportation APPROVED: ~---~dL~~~, ~::::=:::::::::____JOHN WAIHEE Governor State of Hawaii JAN 3 1 1991 Dated: APPROVED AS TO FORM: EDWARD Y. HIRATA Deputy Att~rney General Filed 2573E
HAWAII ADMINISTRATIVE RULES TITLE 19 DEPARTMENT OF TRANSPORTATION CHAPTER 17 SMALL PLANE HANGAR UNITS AT PUBLIC AIRPORTS Repealed FEB 1 : 199}§19-17-1 to 19-17-21 Repealed. [ 11
NOTICE OF CHAN'GE 2/4/91 The citation of authoritv fer §19-17.1-1, Hawaii Administra~ive Rules, is changed to read as follows: ~E!fFEB 111991J (Auth: HRS §261-12) (Imp: HRS §261-7) 13
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