Haw. Code R. § 6-77-14 - Class locations

(a) Offshore is Class 1 location. The class location onshore is determined by applying the criteria set forth in this section: The class location unit is an area that extends 220 yards on either side of the centerineg of any continuous one-mile length of pipeline. Except as provided in subsections (d)(2) and (f), the class location is determined by the buildings in the class location unit. For the purposes of this section, each separate dwelling unit in a multiple dwelling unit building is counted as a separate building intended for human occupancy.

(b) A Class 1 location is any class location unit that has ten or less buildings intended for human occupancy.

(c) A Class 2 location is any class location unit that has more than ten but less than forty six buildings intended for human occupancy.

(d) A Class 3 location is:

(1) Any class location unit that has forty six or more buildings intended for human occupancy;

(2) An area where the pipeline lies within 100 yards of either a building or a small, well defined outside area (such as a playground, recreation area, outdoor theater, or other place of public assembly) that is occupied by twenty or more persons on at least five days a week for ten weeks in any twelve month period.

(The days and weeks need not be consecutive.)

(e) A Class 4 location is any class location unit where buildings with four or more stories above ground are prevalent.

(f) The boundaries of the class locations determined in accordance with subsections (a) through (e) may be adjusted as follows:

(1) A Class 4 location ends 220 yards from the nearest building with four or more stories above ground;

(2) When a cluster of buildings intended for human occupancy requires a Class 3 location, the Class 3 location ends 220 yards from the nearest building in the cluster;

(3) When a cluster of buildings intended for human occupancy requires a Class 2 location, the Class 2 location ends 220 yards from the nearest building in the cluster.

Notes

Haw. Code R. § 6-77-14

[Eff ] (Auth: HRS § 269-6) (Imp: 49 C.F.R. §192.5, OCT 1, 1990)