Question: When demolishing a house in a residential district, is the contractor required to put up a barrier (screen) of some kind to minimize the spread of dust, etc. to the immediate neighbors?
Answer: No, not specifically. Contractors must take “reasonable precautions” to prevent dust from blowing onto other properties, but what counts as a reasonable precaution varies from site to site, depending on the topography and surroundings, soil, weather, type of work and other factors, according to the state Department of Health’s Clean Air Branch, which has jurisdiction over the matter. Required methods of dust control — such as barriers or screens — are not prescribed in statute or administrative rule.
During demolition of existing structures, using water or “suitable chemical compounds” to tamp down dust are examples of generally reasonable precautions, according to the Fugitive Dust Fact Sheet prepared by the branch.
Installing dust screens or wind barriers around construction sites and, where practical, providing buffer zones between “fugitive dust activities” and residential areas also are listed as examples of reasonable precautions.
The fact sheet cites Hawaii Administrative Rules, Sections 11-60.1-33, as stating that “no person shall cause or permit visible fugitive dust to become airborne without reasonable precautions” and “no person shall cause or permit the discharge of visible fugitive dust beyond the property lot line on which the fugitive dust originates.”
If you believe your neighbor’s contractor has not taken reasonable precautions to control demolition dust, you may file a complaint with the Clean Air Branch. Begin the process by calling 586-4200 or emailing cab@doh.hawaii.gov.
Depending on the facts at hand, the branch might send out an investigator. Be forewarned, though, that dusty residue on cars or fences from past activity won’t be enough to support a citation. To act, the investigator must see “visible fugitive dust” in the air.
An investigator, who would arrive on the scene unannounced, may issue a warning letter, field citation or notice of violation; the latter two carry fines.
In your query, you did not mention whether you are a member of a homeowners association governed by neighborhood covenants. If you are, check the association’s rules regarding dust — they might be stricter than the state standard.
We also checked with the city’s Department of Planning and Permitting, which issues building permits. A spokesman said that DPP does not require the installation of dust screens or barriers during the demolition of a residential structure on residential property, and referred us to DOH’s Clean Air Branch as the jurisdictional authority on this issue.
Q: I lost track of all those recalls with those airbags. What’s the quickest way to find out whether my car is affected?
A: The quickest way likely is to enter your vehicle identification number (VIN) online at vinrcl.safercar.gov/vin, which is affiliated with the National Highway Traffic Safety Administration.
If your car is registered in Hawaii, you can find the VIN on the vehicle inspection card or the certificate of registration. You also can find the VIN stamped in your vehicle, on the driver’s side near the windshield.
If you check the site and find your vehicle is affected by this recall, contact your dealer for the appropriate repair.
Takata air bags installed in tens of millions of U.S. vehicles are subject to recall due to a safety defect that can cause their inflators to explode, killing or maiming drivers and passengers. Hawaii is in a priority zone for rapid repairs because heat and humidity exacerbate the defect.
On NHTSA’s main page, safercar.gov, you can sign up for email alerts about recalls involving tires, child restraints and all vehicles, including motorcycles and school buses.
Write to “Kokua Line” at Honolulu Star-Advertiser, 7 Waterfront Plaza, Suite 210, 500 Ala Moana Blvd., Honolulu 96813; call 529-4773; fax 529-4750; or email kokualine@staradvertiser.com.