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Honolulu, HI Code of Ordinances
THE REVISED ORDINANCES OF HONOLULU
TITLE I: ADMINISTRATION
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: THE MAYOR AND EXECUTIVE AGENCIES - ADDITIONAL POWERS, DUTIES, AND FUNCTIONS
CHAPTER 3: ADDITIONAL BOARDS, COMMISSIONS, AND COMMITTEES
CHAPTER 4: ADDITIONAL POWERS AND DUTIES OF COUNCIL AND LEGISLATIVE AGENCIES
CHAPTER 5: SALARIES, EMPLOYMENT, AND BONDING REQUIREMENTS OF ELECTED OFFICIALS AND NON-CIVIL-SERVICE OFFICERS
TITLE II: TAXATION AND FINANCES
CHAPTER 6: FUNDS, FEES, AND LOAN PROGRAMS
CHAPTER 7: RESERVED
CHAPTER 8: REAL PROPERTY TAX
CHAPTER 8A: TAXATION OF TRANSIENT ACCOMMODATIONS
TITLE III: MISCELLANEOUS REGULATIONS
CHAPTER 9: BOTANICAL GARDENS
CHAPTER 10: PUBLIC PARKS AND RECREATION FACILITIES
CHAPTER 11: CHILD CARE
CHAPTER 12: ANIMALS AND FOWLS
CHAPTER 13: STREETS, SIDEWALKS, MALLS, AND OTHER PUBLIC PLACES
CHAPTER 14: PUBLIC WORKS INFRASTRUCTURE
TITLE IV: TRAFFIC AND VEHICLES
CHAPTER 15: TRAFFIC AND VEHICLES
CHAPTER 15A: REGULATIONS OF VEHICLES
CHAPTER 15B: PUBLIC TRANSIT
TITLE V: BUILDING AND CONSTRUCTION CODES
CHAPTER 16: BUILDING CODE
CHAPTER 16A: HOUSING CODE
CHAPTER 16B: BUILDING ENERGY CONSERVATION CODE
CHAPTER 16C: BUILDING MANAGEMENT
CHAPTER 17: ELECTRICAL CODE
CHAPTER 18: FEES AND PERMITS FOR BUILDING, ELECTRICAL, PLUMBING, AND SIDEWALK CODES
CHAPTER 18A: GRADING, SOIL EROSION, AND SEDIMENT CONTROL
CHAPTER 19: PLUMBING CODE
CHAPTER 20: FIRE CODE OF THE CITY AND COUNTY OF HONOLULU
TITLE VI: LAND USE
CHAPTER 21: LAND USE ORDINANCE
CHAPTER 21A: FLOOD HAZARD AREAS
CHAPTER 22: SUBDIVISION OF LAND
CHAPTER 23: STATE LAND USE CLASSIFICATION
CHAPTER 24: DEVELOPMENT PLANS
CHAPTER 25: SPECIAL MANAGEMENT AREAS
CHAPTER 26: SHORELINE SETBACKS
CHAPTER 27: COMMUNITY FACILITIES DISTRICTS
CHAPTER 28: SPECIAL IMPROVEMENT DISTRICTS
CHAPTER 29: AFFORDABLE HOUSING REQUIREMENTS
CHAPTER 30: WATER MANAGEMENT
CHAPTER 31: COMMUNITY ECONOMIC DEVELOPMENT
CHAPTER 32: AFFORDABLE RENTAL HOUSING
CHAPTER 33: DEVELOPMENT AGREEMENTS
CHAPTER 33A: IMPACT FEES FOR TRAFFIC AND ROADWAY IMPROVEMENTS IN EWA
TITLE VII: BUSINESS
CHAPTER 34: REGULATION OF BUSINESSES
CHAPTER 35: INCENTIVES FOR BUSINESS TO CREATE NEW JOBS
CHAPTER 36: COMMON CARRIERS
TITLE VIII: PROPERTY
CHAPTER 37: REAL PROPERTY TRANSACTIONS INVOLVING THE CITY AND COUNTY OF HONOLULU
CHAPTER 38: LEASE AND RENTAL OF CITY REAL PROPERTY, INCLUDING FEES
CHAPTER 39: MAXIMUM ANNUAL RENEGOTIATED LEASE RENT
CHAPTER 40: OFFENSES RELATING TO PROPERTY
TITLE IX: PUBLIC HEALTH, SAFETY, AND SANITATION
CHAPTER 41: PUBLIC HEALTH AND SAFETY
CHAPTER 42: COLLECTION AND DISPOSAL OF REFUSE
CHAPTER 43: SEWERS, DRAINAGE, AND CESSPOOLS
PARALLEL REFERENCES
TABLES
§ 34-13.3 Exemptions.
(a)   The department may grant an exemption from compliance with the restrictions of § 34-13.2 upon application and the provision of sufficient evidence that there are no reasonable alternatives available to the food vendor to comply, or compliance with the restriction would cause significant hardship for the food vendor.
For purposes of this subsection, exemptions may be granted for a specified term of up to two years, and may be subsequently renewed for specified terms of up to two years thereafter, provided that during the term of the exemption, diligent efforts are made by the food vendor to become compliant.
(1)   In situations where there are no reasonable alternatives available, a food vendor may submit an application, preferably on a form provided by the director, and shall set forth with specificity:
(A)   The food vendor’s name and address, and a copy of the food vendor’s most current business registration certificate;
(B)   A description of the polystyrene foam food ware, disposable plastic service ware, or disposable plastic food ware at issue;
(C)   The factual basis to support the requested determination that there is no reasonable alternative to the use of the non-compliant product at issue, which for example, may include packaging necessary for safely containing food that is of significantly high or low temperature, impact to Hazard Analysis and Critical Control Points plan applicable to the food vendor, or specific transportation requirements or safeguards; and
(D)   Copies of all exemptions issued to the applicant under this article.
(2)   In situations where compliance would cause significant hardship, a food vendor may submit an application, preferably on a form provided by the director, and shall set forth with specificity:
(A)   The food vendor’s name and address, and a copy of the food vendor’s most current business registration certificate;
   (B)   A description of the polystyrene foam food ware, disposable plastic service ware, or disposable plastic food ware at issue;
(C)   The factual basis to support the requested determination that the use of a compliant product at issue would cause the applicant significant hardship and that there is no affordable compliant alternative; and
(D)   Copies of all exemptions issued to the applicant under this article.
(b)   The department may grant an “industry exemption” from compliance with the restrictions of § 34-13.2 upon application and the provision of sufficient evidence that compliance with § 34-13.2 would cause hardship to the food service industry. “Hardship” under this subsection will be construed to include, but not be limited to: situations where there are no acceptable alternatives to providing polystyrene foam food ware, disposable plastic service ware, or disposable plastic food ware to customers; or situations where acceptable alternatives are not readily available due to market supply constraints.
For purposes of this subsection, an “industry exemption” may be granted for a specified term of up to two years, and may be subsequently renewed for specified terms of up to two years thereafter, provided that during the term of the exemption, diligent efforts are made by the industry applicant to become compliant.
(c)   Disposable plastic straws may be provided, upon request, to customers for whom non-fossil-fuel-based straws are unsuitable due to medical or physical conditions. Otherwise, straws must be fossil-fuel free or designed to be reusable. The following entities are exempt from compliance with the restriction of § 34-13.2(b), specific to disposable plastic straws:
(1)   A “hospital” as defined under Hawaii Administrative Rules § 11-93-2;
(2)   A “nursing facility” as defined under Hawaii Administrative Rules § 11-94.1-2;
(3)   An “assisted living facility” as defined under Hawaii Administrative Rules § 11-90-2;
(4)   An “adult residential care home” (“ARCH”) and “expanded ARCH” as defined under Hawaii Administrative Rules § 11-100.1-2;
(5)   A “hospice service agency” as defined under HRS § 321-15.63(b);
(6)   A “hospice home” as defined under HRS § 321-15.1;
(7)   A “home health agency” as defined under Hawaii Administrative Rules § 11-97-1; and
(8)   A “home care agency” as defined under Hawaii Administrative Rules § 11-700-2.
(d)   The following shall be exempt from compliance with the restrictions of § 34-13.2:
(1)   Packaging for raw meat, raw poultry, raw seafood, unprepared produce, and uncooked eggs;
(2)   Packaging for prepackaged food, shelf stable food, and catered food; and
(3)   Packaging in any situation deemed by the city to be an emergency requiring immediate action for the preservation of life, health, property, safety, or essential public services. This exemption shall be in place until the emergency has ceased or the mayor has determined that the exemption is no longer applicable to the situation.
(Added by Ord. 19-30)