Q: Does smoke penetrating homes from neighbors backyard fire, and creating health issues, come under Hawaii nuisance law?
A: An open outdoor fire or open burning emits pollutants directly into the air and includes agricultural, residential, and prescribed burning. The rules regulating open burning are Hawaii Administrative Rules (HAR) Section 11-60.1 Subchapter 3. Generally open burning is prohibited with a few exceptions such as cooking, fire training, and agricultural burning with a valid permit. Other types of open burning require approval from DOH-CAB. Since January 2012, “backyard” burning of garbage and yard waste has been prohibited on all islands.
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