HAR §19-17.1-19. §19-17

1-20 §19-17.1-21 Policy Definitions Application for space permit Hangar and· tie-down space permits not transferable Subletting Change of hangar and tie-down space assignment Delinquent rental; penalty General liability insurance Electricity charges Locks Inspection Removal of aircraft Fire safety Flammable liqu~ds Electricity Other safety provisions Signs and commercial activity Motor vehicles Enforcement Penalty Revocation of permit Historical note. 7his chapter is based substantially on chapter 19-17, Ha~aii Administru~ive rtules, entitled '' Small Plane Hangar Uni-:.s a-:. Pt..blic Airports". (Eff 05/22/76; R 06/12/81} 17.1-1 §19-17-1. l SlS-17.l-l tie-down spaces and maintenance Policy . Small plane hangars and are provided primarily for the storage of active airworthy aircraft. 519-17.1-2 Definicions. As used i n th i s chapter, unless tha context clearly i ndicates otheniise: "1'ircratt" means airplanes, 1irships, diri gibles, helicopters , gliders , amphi bi an~. seaplanes. and other contrivance now or hereafter usea for the navigati on of or flight in air space . "Airworthy aircraft" means any aircraft that i s operative and is safely able to taxi , take-off, f l y and land. "Department" means the departr.ient of transportation of the State of Hawaii. "Oi rectcr'' ~eans che direct or of tr3nsportation or his authorized reoresentative. "Hangar" means ( l) any bui ldi ng owned by t he State and deemed sui table by the departmem: f or the storage of and maintenance of a i rcraft; er (2) hangar l ot; or (3) T-hangar. "Hangar lot" means an open paved or unpaved land area designated for che storage and maintenance of aircraft or for the construction or installation of a building to be used or tor the storage and maintenance of ai rcraft. "Per son" means any i ndividual, firm, partnershi p , corporati on, trust, associ at i on, company, j oi nt venture, or any other lega l entity ( including any assignee, receiver, trustee, employee, or other similar representative), or the United States of America, or any !orel~n government, or the United Nat i ons. ''Public airport'' means that area of land and water under governmenta l jurisdiction which is used for landing and taking-off of aircraft, any appurtenant areas which are u.sed for airport buildings or other airport facilities or rights -of-way, together with all airport buildi ngs and facil i t i es l ocated thereon. "State" means the State of Hawaii. "T Hangar• ::ieans a small pl ane hangar installed by the Seate . ''Tie-Down'' means any porti on of a public a i rport designated temporarily or permanently by the Director tor the parking or storage of small aircraft. (Eff fEB I 11991) (Auth: HRS §261-12) ( Imp: HRS §261-7) 17. l-2 S19-17,l-J Sl9-11.1-3 Application tcr space remit. ( a ) Any parson desiring a small plane hangar, tie-down space , or any oe.~er small aircraft spaca at a public airport shall submit a l,f?'itten application in person or by mail tog~:her vith a t iling fee ot $15 tor each t ype of aircraft space desired (i.e., hangar building, T-hangar, hangar lot, tie-down, helicopter pad) to the district airport manager ot the appropriate airport . The application may conta in a request tor more than ona type ot ai::-cratt space but the S15 tiling tee f or each requested space must also be tendered. The application shall contain the name , mailing address , and telephone number (s ) and signature ot the applicant, as wal l at t he t ype, :iodel , and ;~:!eral Avi ation Administration regis-;rat!on nu:i:1:,er ot the airc::-att i t t~e applicant has possession and ownership ot an aircra!t . I f the applicant does not have ~n aircratt, the applicant shall i ndicate the type, modal or make ot the aircrat: applicant is considering obtaining. The a?plicant i s responsible tor keeping al l into::::iation (i. e ., tel ephone nullll:>er, mailing address, etc.) on the appl ication current at all t imes. (b) The department vill date stainp each completed application cor.!or111i ng vith subsection (a) when it is rece i ved. The tiling date ot the completed application shall establish the applicant's positi on on the respective waiting list(s) which shall be established and maintained for each public airport a s needed . !ach d:strict airport s hall maintain and maXe availabl e to interest~d parti es the waiting l i st showing tr.e in!o::::iation required by this 3ubsection ar.d suosec tior. (a) of this section. ~n application will expi re one year after its filing date and will be voided and applicant name deleted fro~ t he waiting list atter a JO-day grace period trom data ot expiration. An application may be continued tor another year, withou: payruent o! $15 tiling .tee provided the airport canager rnaint11ining the application receives a wri tten request prior to its expiration. The raquest tor cor.tinuation shall indicate which type ot aircra!t space i s being continued under t he application. (c) When a vacancy of a small aircraft space occ~rs, the ai rport district manager shall firs: noti!y t he applican: with the earliest filing date of appli cation t or that ty,:e ct space by cer-;ifie: :ail a: t he address pr ovided on t he application. !! the certified mail i s returned unclaimed or not deliverable, the airport district =anager sha!! delete the applicant' s name t::-o~ the waiti ng l i st. the 17.l-3 §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: (l) 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.l-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 Sl9-l7.l-3 shall offer the available ,space .for. rent~~ under t~e 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 Avi ation Administration's aircraft ·certi!icata of registration, certificate of airworthiness, log books or photocopy of the page in the l9g book that shows the latest annual inspection, administrative fee, security deposit, and sign and return any permit provided. (Eff FEB 1 11991 J (Auth: HRS 5261-12) (I1:1p: S261-7) Sl9-l7.l-4 Hangar and Tie-Down Space Permits r:ot Transterable. Hangar and tie-down· space permits sr.all not ce transferable. A permit ·holder in good standi ng =ay replace one owned aircraft with another .owned aircraft and retain his hangar rights provided that the ?ermit holder shall notify the airport cperator within Cive days. Hangar and tie-down space peri:its shall not pass with the ownership of an aircraft. (E!! FEB 1 11991 J (Auth: HRS §2.61-12) (Ii:;::: HRS §261-7) • 519-17 .1-5 sublet-::ing. Subletting hangar space is prohibited. A permit holder rnust be a reaistrant c: an airworthy aircraft to retain his . har.gar c= tie-do~r. ::ights. [E!! FEB 1 J 1991 ) (Auth: HRS S26l-l2) ( I~p: HRS §261-7) Sl9-l7.l-6 Chance of Hangar and Tie-Q;wn Scace ;ssianment. The director may change the assignmenc (location) o! hangar space or tie-down space deemed comparable by the director, to accor.unodate repairs. improvements, maintenance, construction, e~ergencies, or when necessary duri ng a special event. Change of assignments may also be made to improve operator's use as deemed preferred by !:he Director. {EC! FEB 1 l 1991) (Auth: HRS §261-12) (Imp: HRS §261-i) Sl9-l7.l-7 Delinguent Rental; Penaltv. If a tenant is delinquent in rent and fai l s, after thirty days• written notice, to comply with this chapter, the director may, after !ive days notice, move the aircraft and equipment to an open storage area without liability for any damage thereto. Upon said relocation, the 17,l-5 Sl9-l7.:-7 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 f~es so long as the aircraft occupies public storage space, Payment o~ overdue fees shal l not entitle the aircraft owner to retur n to a hangar or tie-down space. (Eff FEB 1 1 1991 } (Auth: HRS §261-12) ( Imp: HRS §261-7) 519-11.1-a 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 1 I 1991 ) (Auth: HRS §261-12) (Imp: HRS 261-7)