§321-11  Subjects of health rules,
generally.  [Repeal and reenactment on June 30, 2014.  L Sp 2009, c 21,
§8.]  The department of health pursuant to chapter 91 may adopt rules that
it deems necessary for the public health and safety respecting:



(1)  Nuisances, foul or noxious odors, gases, vapors,
waters in which mosquitoes breed or may breed, sources of filth, and causes of
sickness or disease, within the respective districts of the State, and on board
any vessel;



(2)  Adulteration and misbranding of food or drugs;



(3)  Location, air space, ventilation, sanitation,
drainage, sewage disposal, and other health conditions of buildings, courts,
construction projects, excavations, pools, watercourses, areas, and alleys;



(4)  Privy vaults and cesspools;



(5)  Fish and fishing;



(6)  Interments and dead bodies;



(7)  Disinterments of dead human bodies, including the
exposing, disturbing, or removing of these bodies from their place of burial,
or the opening, removing, or disturbing after due interment of any receptacle,
coffin, or container holding human remains or a dead human body or a part
thereof and the issuance and terms of permits for the aforesaid disinterments
of dead human bodies;



(8)  Cemeteries and burying grounds;



(9)  Laundries, and the laundering, sanitation, and
sterilization of articles including linen and uniforms used by or in the
following businesses and professions:  barber shops, manicure shops, beauty
parlors, electrology shops, restaurants, soda fountains, hotels, rooming and
boarding houses, bakeries, butcher shops, public bathhouses, midwives,
masseurs, and others in similar calling, public or private hospitals, and
canneries and bottling works where foods or beverages are canned or bottled for
public consumption or sale; provided that nothing in this chapter shall be
construed as authorizing the prohibiting of laundering, sanitation, and
sterilization by those conducting any of these businesses or professions where
the laundering or sterilization is done in an efficient and sanitary manner;



(10)  Hospitals, freestanding surgical outpatient
facilities, skilled nursing facilities, intermediate care facilities, adult
residential care homes, adult foster homes, assisted living facilities, special
treatment facilities and programs, home health agencies, home care agencies,
hospices, freestanding birthing facilities, adult day health centers,
independent group residences, and therapeutic living programs, but excluding
youth shelter facilities unless clinical treatment of mental, emotional, or
physical disease or handicap is a part of the routine program or constitutes
the main purpose of the facility, as defined in section 346-16 under
"child care institution".  For the purpose of this paragraph,
"adult foster home" has the same meaning as provided in section
321-11.2;



(11)  Hotels, rooming houses, lodging houses, apartment
houses, tenements, and residences for persons with developmental disabilities
including those built under federal funding;



(12)  Laboratories;



(13)  Any place or building where noisome or noxious
trades or manufacturing is carried on, or intended to be carried on;



(14)  Milk;



(15)  Poisons and hazardous substances, the latter term
including any substance or mixture of substances that:



(A)  Is corrosive;



(B)  Is an irritant;



(C)  Is a strong sensitizer;



(D)  Is inflammable; or



(E)  Generates pressure through decomposition,
heat, or other means,



if the substance or mixture of substances may
cause substantial personal injury or substantial illness during or as a
proximate result of any customary or reasonably foreseeable handling or use,
including reasonably foreseeable ingestion by children;



(16)  Pig and duck ranches;



(17)  Places of business, industry, employment, and
commerce, and the processes, materials, tools, machinery, and methods of work
done therein; and places of public gathering, recreation, or entertainment;



(18)  Any restaurant, theater, market, stand, shop,
store, factory, building, wagon, vehicle, or place where any food, drug, or
cosmetic is manufactured, compounded, processed, extracted, prepared, stored,
distributed, sold, offered for sale, or offered for human consumption or use;



(19)  Foods, drugs, and cosmetics, and the manufacture,
compounding, processing, extracting, preparing, storing, selling, and offering
for sale, consumption, or use of any food, drug, or cosmetic;



(20)  Devices as defined in section 328-1;



(21)  Sources of ionizing radiation;



(22)  Medical examination, vaccination, revaccination,
and immunization of school children.  No child shall be subjected to medical
examination, vaccination, revaccination, or immunization, whose parent or
guardian objects in writing thereto on grounds that the requirements are not in
accordance with the religious tenets of an established church of which the
parent or guardian is a member or adherent, but no objection shall be
recognized when, in the opinion of the department, there is danger of an
epidemic from any communicable disease;



(23)  Disinsectization of aircraft entering or within
the State as may be necessary to prevent the introduction, transmission, or
spread of disease or the introduction or spread of any insect or other vector
of significance to health;



(24)  Fumigation, including the process by which
substances emit or liberate gases, fumes, or vapors that may be used for the
destruction or control of insects, vermin, rodents, or other pests, which, in
the opinion of the department, may be lethal, poisonous, noxious, or dangerous
to human life;



(25)  Ambulances and ambulance equipment;



(26)  Development, review, approval, or disapproval of
management plans submitted pursuant to the Asbestos Hazard Emergency Response
Act of 1986, Public Law 99-519; and



(27)  Development, review, approval, or disapproval of
an accreditation program for specially trained persons pursuant to the
Residential Lead-Based Paint Hazard Reduction Act of 1992, Public Law 102-550.



The department of health may require any
certificates, permits, or licenses that it may deem necessary to adequately
regulate the conditions or businesses referred to in this section. [PC 1869, c
59, §§4 to 6; am L 1905, c 42, §1; am L 1911, c 132, §2; am L 1913, c 63, §1;
am L 1919, c 235, §1; RL 1925, §912; am L 1933, c 73, §1; RL 1935, pt of §§904
and 1130; am L 1937, c 122, §4 and c 197, §1; am L 1941, c 18, §1; RL 1945,
§2015; am L 1945, c 116, §1(b); am L 1949, c 71, §1; am L 1951, c 18, §3, c 64,
§1, and c 181, §1; am L 1953, c 32, §1; RL 1955, §46-13; am L 1957, c 153, §1;
am L Sp 1959 2d, c 1, §19; am L 1963, c 150, §1; HRS §321-11; am L 1969, c 134,
§1; am L 1973, c 5, §1; am L 1978, c 7, §1; am L 1980, c 239, §3; am L 1981, c
84, §1; am L 1985, c 272, §4; am L 1986, c 37, §1, c 178, §2, and c 328, §1; am
L 1987, c 334, §1; am L 1988, c 194, §2; am L 1989, c 223, §1; am L 1990, c
285, §5; am L 1992, c 15, §1; am L 1995, c 87, §2; am L 1997, c 219, §1 and c
220, §2; am L Sp 2009, c 21, §3]



 



Case Notes



 



  May require suitable
locations for laundries.  19 H. 628.



  Regulation beyond
limits of power conferred by legislature, void.  21 H. 56.  See also 20 H. 411.