HAR §12-45.5-119. Consumer fireworks retail sales

Section 65.10 is added to read as follows: Section 65:10 Retail sales of consumer fireworks in both new and existing buildings, structures, and facilities shall comply with the requirements of Chapter 6 and 7 of NFPA 1124, 2013 Edition. [Eff ] (Auth: HRS §132-3) (Imp: HRS §132-3 (This was added to have requirements for storage & retail sales as NFPA 1124 this was deleted from the 2015 edition. NFPA 1124 is no longer being updated or published, however in lieu of creating requirements not based on a national standard this was referenced. Also added to the References Section.) §12-45.5-120 Flammable and combustible liquid tank permits. Section 66.1.5 is amended to read as follows: 66.1.5 Permits and Plans. Permits, where required, shall comply with Section 1.12 and applications for permits shall be submitted with a proposed site plan. [Eff ] (Auth: HRS §132-3) (Imp: HRS §132-3) (This was in the previous state fire code. This allows the language for permits to remain because specific permit requirements were deleted in Section 1.12.8 so each county can place them in their county fire code. Plans were added to clarify that they shall be submitted with the permit application.). §12-45.5-121 Unpermitted flammable and combustible liquid tank prohibition. Section 66.1.5 is amended by adding Section 66.1.5.1 to read as follows: 66.1.5.1. Filling Unpermitted Tanks Prohibited. No fuel supplier shall fill or cause to be filled, an unpermitted storage tank. It is the supplier’s responsibility to request and be presented with a copy of the approved permit issued by the AHJ. [Eff ] (Auth: HRS §132-3) (Imp: HRS §132-3) (This was a consolidated county fire code amendment. It prohibits fuel suppliers from filling an unpermitted tank and requires an copy of the approved permit to be available to the fuel supplier for verification.) §12-45.5-122 Underground flammable and combustible liquid tank closure in place. Section 66.21.7.4.3.3 is amended to read as follows: 66.21.7.4.3.3 Underground Tanks Permanently Closed in Place. Underground tanks may be permanently closed in place only if a certified structural engineer confirms that the removal of the tank will jeopardize the structural integrity of the existing building. An affidavit attesting to this determination shall be submitted to the AHJ prior to taking permanent closure measures. Tanks permanently closed in place shall meet all the following requirements: (1) All applicable AHJs shall be notified; (2) A safe workplace shall be maintained throughout the prescribed activities; (3) All flammable and combustible liquids and residues shall be removed from the tank, appurtenances, and piping and shall be disposed of in accordance with regulatory requirements and industry practices, using a written procedure; (4) The tank, appurtenances, and piping shall be made safe by either purging them of flammable vapors or inerting the potential explosive atmosphere. Confirmation that the atmosphere in the tank is safe shall be by testing of the atmosphere using a combustible gas indicator if purging, or an oxygen meter if inerting, at intervals in accordance with written procedures; (5) Access to the tank shall be made by careful excavation to the top of the tank; (6) All exposed piping, gauging and tank fixtures, and other appurtenances, except the vent, shall be disconnected and removed; (7) The tank shall be completely filled with an inert solid material; (8) The tank vent and remaining underground piping shall be capped or removed; (9) The tank excavation shall be backfilled; and (10) A record of tank size, location and date of permanent closure shall be retained by the owner and a copy submitted to the AHJ. [Eff ] (Auth: HRS §132-3) (Imp: HRS §132-3) Allows abandonment in place for tanks that cannot be removed only due to the structural integrity of existing buildings above or nearby underground fuel storage tanks. The provision keeps items 1-9 in the model code and adds item (5) from the previous amendment about records. This provides reasonable safety precautions for tanks to be left in its underground location.) §12-45.5-123 Unpermitted liquefied petroleum gases and natural gases tank prohibition. Section 69.1.2 is amended by adding Section 69.1.2.1 to read as follows: 69.1.2.1. Filling Unpermitted Tanks Prohibited. No fuel supplier shall fill or cause to be filled, an unpermitted storage tank. It is the supplier’s responsibility to request and be presented with a copy of the approved permit issued by the AHJ. [Eff ] (Auth: HRS §132-3) (Imp: HRS §132-3) (This is a consolidated county fire code amendment. It applies to liquefied petroleum gases and liquefied natural gases and prohibits fuel suppliers from filling an unpermitted tank and requires an copy of the approved permit to be available to the fuel supplier for verification. This is the same requirement for flammable liquid tanks. The title was changed to match the amendment 66.1.5.1. The section heading is amended to mirror NFPA 1 “Permits”.) DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS The repeal of chapter 12-45.3 and the adoption of chapter 12-45.4, Hawaii Administrative Rules, on the Summary Page dated _ XXXX XX, 2020__, was adopted on __XXXX XX, 2020___, following a public hearing held on ____XXXX XX, 2020____, after public notice was given in the Honolulu Star Advertiser on __XXXX XX, 2020_____. The repeal of chapter 12-45.3 and the adoption of chapter 12-45.5 shall take effect ten days after filing with the Office of the Lieutenant Governor. Manuel P. Neves, Chairperson State Fire Council Approved: David Y. Ige Governor State of Hawaii Dated: APPROVED AS TO FORM: Deputy Attorney General Filed