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COUNTY OF HAWAII STATE OF HAWAII
,r E OFN►'�'
BILL NO. 268
( DRAFT 3 )
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 9 OF THE HAWAII COUNTY CODE 1983
(2005 EDITION, AS AMENDED), RELATING TO THE COUNTY ELECTRICAL
CODE.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 9, article 1, section 9 -3 of the Hawai`i County Code 1983
(2005 Edition, as amended) is amended to read as follows:
Section 9 -3. Scope; exceptions.
The provisions of this chapter shall apply to all electrical work and installations in
the County, with exceptions as [covered by section 90 2(b) of the 2002] noted in the 2008
National Electrical Code as adopted by the State of Hawai`i and the following:
(1) Electrical work on buildings or premises owned by or under the direct control
of the Federal government.
(2) Electrical work by employees of a public utility within the State under a
franchise or charter granted by the State which is regulated by the public utility
commission and[ - - .. .. - - - - - , while so employed,
pursuant to section 448E -13, Hawaii Revised Statutes.
(3) The provisions of this chapter shall not apply [to a municipal system for] to
public State and County road right of ways for utility installations, street
lighting, traffic signal or police and fire alarm where installed outside [ef
buildings on public property.] the proposed premises or boundary lines in a
subdivision under development, or an approved subdivision, where the work is
in the planned or actual roadways or other common infrastructure areas.
(4) Existing electrical installations which complied with the laws, ordinances and
regulations in effect when the electrical work thereon was performed, provided
that such installations shall be subject to the provisions of section 9 -4.
(5) All buildings moved into or relocated within the County shall comply with all
requirements of this chapter for new buildings and all unused or abandoned
wiring and devices shall be removed.
(6) Electrical work related to work regulated by chapter 397, Hawai`i Revised
Statutes, as amended relating to the Elevator Code, but not including electrical
work for the supply of power to the control panels of elevators, dumbwaiters,
escalators, moving walks, and manlifts.
(7) Replacement or repair of devices and apparatus of air conditioning, [ate]
refrigeration, and heating systems, except electrical work on overcurrent
devices which are not physically attached to, or physically mounted on, such
systems.
(8) The construction, alteration or repair of electrical devices commonly used in
the home such as [television sets, radios, tape rec: : - , -• : • - . • - . :
the like.] portable appliances as defined in section 9 -5.
SECTION 2. Chapter 9, article 1, section 9 -5 of the Hawai`i County Code 1983 (2005
Edition, as amended) is amended by amending the following definition to read as follows:
[ "Assistant "] "Authority Having Jurisdiction or AHJ" means the authorized representatives
of the administrative authority.
SECTION 3. The following sections of chapter 9, Hawai`i County Code 1983 (2005
Edition, as amended) are hereby amended by replacing every reference to "administrative
authority" with "authority having jurisdiction ":
Section 9 -5;
Section 9 -7;
Section 9 -8;
Section 9 -9;
Section 9 -11;
Section 9 -18;
Section 9 -19;
Section 9 -26;
Section 9 -27;
Section 9 -30;
Section 9 -31;
Section 9 -32;
Section 9 -33;
Section 9 -34;
Section 9 -35;
Section 9 -36;
Section 9 -38; and
Section 9 -41.
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SECTION 4. Chapter 9, article 1, section 9 -5 of the Hawai`i County Code 1983 (2005
Edition, as amended) is amended by adding new definitions to be appropriately inserted and to
read as follows:
"Demolition" means removal of electrical work when a demolition building
permit is issued.
"Ductline" means electrical conduit installation.
"Electrical specialty work" means the installation of any electronic equipment,
electronic controls, including but not limited to public address systems,
intercommunication systems, music distribution systems, CATV systems, master and
program clock systems, electronic teaching devices, fire and security systems, telephone,
computer, and data systems.
"Portable appliances" means any device that is readily moveable and cord /plug
connected.
"Permanent electrical service" means permanent power as provided by the serving
utility company after notification by the AHJ."
SECTION 5. Chapter 9, article 2, section 9 -7 of the Hawai`i County Code 1983
(2005 Edition, as amended) is amended to read as follows:
Section 9 -7. Nonliability of the County or its employee for damages.
(a) This chapter shall not be construed to relieve from or lessen the responsibility of such
person owning, operating or installing any electrical wires, appliances, apparatus,
construction, or equipment for damages to anyone injured by any defect therein.
(b) Neither the County nor any department, board, commission, officer, employee, or the
administrative authority shall be held liable or responsible for any damage or injury
caused by or resulting from the issuance of any permit issued, or any inspection or
approval or issuance of a certificate of inspection, made under the provisions of this
chapter.
() The authorized personnel charged with the enforcement of this code, acting in good faith
and without malice in the discharge of the duties required by this code or other pertinent
law or ordinance shall not thereby be rendered personally liable for damages that may
accrue to persons or property as a result of an act or by reason of an act or omission in the
discharge of such duties. A suit brought against the authorized personnel because of such
act or omission performed by the authorized personnel in the enforcement of any
provision of this code or other pertinent laws or ordinances implemented through the
enforcement of this code shall be defended by the County until final termination of such
proceedings, and any judgment resulting there shall be assumed by the County.
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SECTION 6. Chapter 9, article 2, section 9 -8 of the Hawai`i County Code 1983 (2005
Edition, as amended) is amended to read as follows:
Section 9 -8. Right of entry.
[Whenever necessary to make an inspection to enforce any of the provisions of this
chapter, or whenever the administrative authority or the administrative authority's assistant has
reasonable cause to believe that there exists in any building, structure or premises hazards to
persons and property from electrical causes, the administrative authority or the administrative
authority shall first make a reasonable effort to locate the owner or other persons having charge
or control of the building, structure, or premises and demand entry. If such entry is refused, the
administrative authority or the administrative authority's assistant shall have recourse to every
rcmedy provided by law to secure entry.]
Upon presentation of proper credentials, the authority having jurisdiction or such
person's assistants may enter at reasonable times any building or premises in the County to
perform any duty imposed by this code provided that such entry shall be made in such a manner
as to cause the least possible inconvenience to the persons in possession. An order of a court
authorizing such entry shall be obtained in the event such entry is denied or resisted.
SECTION 7. Chapter 9, article 2, section 9 -9 of the Hawai`i County Code 1983 (2005
Edition, as amended) is amended to read as follows:
Section 9 -9. Inspections.
(a) All electrical wiring, for which a permit is required, shall be inspected and
approved by the [administrative authority] authority having jurisdiction before
being concealed, energized, or used. All fees required by this chapter shall be
paid by the permit applicant prior to the energizing or use of such wiring.
(b) No person shall use, operate, or maintain, or cause or permit to be used, operated,
or maintained, any electric wiring until it is [inspected and] approved.
(c) No serving agency shall supply or cause or permit to be supplied, permanent
electric energy to any electric [wiring] service until the [wiring] service has been
inspected and approved [, and all code and permit requirements of the Hawai`i
article 9) applicable to the use and /or structure have been satisfied.] by the
authority having jurisdiction.
(d) No person shall conceal, enclose, or cover, or cause or permit to be concealed,
enclosed, or covered, any portion of any electric wiring or equipment in any
manner which will interfere with or prevent the inspection and approval thereof
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(e) Fixtures, appliances, devices, or equipment shall not be connected to any electric
wiring until the rough electric wiring, including conductors, have been inspected
and approved [, except as otherwise satisfactory to the department.] by the
authority having jurisdiction.
(f) All obstructions, covers, plates, tapes, light fixtures, etc., which make
impracticable the making of a thorough inspection of electric wiring shall be
removed upon notice (either verbal or in writing) to do so, and shall be kept
removed until the electric wiring has been inspected and approved.
(g) The supervising electrician or electrical contractor shall be present on the job site
upon request of the [administrative authority.] authority having jurisdiction.
SECTION 8. Chapter 9, article 2, section 9 -11 of the Hawai`i County Code 1983 (2005
Edition, as amended) is amended to read as follows:
Section 9 -11. Request for inspection.
(a) Whenever any work regulated by this chapter, or any portion thereof, is ready for
inspection, the [.: -• • - • . • .. . • ] authority having jurisdiction shall be
notified by the permit holder that same is ready for inspection. The notice shall be
in writing on forms furnished by the [administrative authority,] authority having
jurisdiction, by e -mail to the area inspectors or may be faxed or by telephone at
the option of the [administrative authority.] authority having jurisdiction. The
notice shall be filed with the department not less than forty -eight hours and not
more than seventy -two hours before any such inspection is desired.
(b) The [administrative authority] authority having jurisdiction shall proceed to
inspect the same or [to make inspection arrangements] notify the contractor of a
reschedule within forty -eight hours, not including weekends or holidays, after
receipt of such notice. When work conforms in all respects with the provisions of
this chapter, a notice granting authority to proceed with installations shall be
given.
(c) No electrical wiring shall be covered or concealed until forty -eight hours have
expired after the scheduled inspection or until the [administrative authority]
authority having jurisdiction has approved the installation and given permission to
cover or conceal the same. If the permitted work is covered or concealed without
inspection, the electrical contractor will provide verification that the concealed
work complies with all the provisions of this chapter. Should the [administrative
authority] authority having jurisdiction condemn any of said work or equipment
as not being in accordance with the provisions of this chapter, notice in writing to
that effect shall be given [by them] to the [per-sen] permit holder engaged in the
work[7] or posted at the job site.
(d) Within a reasonable time thereafter, the work or equipment shall be altered or
removed as required, and necessary changes shall be made so that all such work
and equipment may fully comply with the provisions of this chapter before further
work is connected on or with the condemned work or equipment. In default, the
electrical contractor shall be liable to the penalties provided in this chapter, and
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any and every owner, contractor or other person engaged in construction of the
building or structure, or otherwise, covering or allowing to be covered such
portion of work or equipment, or removing any notice not to cover same placed
thereon by the [administrative authority] authority having jurisdiction shall
likewise be liable to the penalties provided for in this chapter.
SECTION 9. Chapter 9, article 2, section 9 -12 of the Hawai`i County Code 1983 (2005
Edition, as amended) is amended to read as follows:
Section 9 -12. Final inspection required.
(a) No person shall use or supply electrical energy to any electrical installation on
which electrical work was or is being performed under a permit issued pursuant to
the provisions of this chapter before the administrative authority has approved
such installation, and all code and permit requirements of the Hawai`i County
Code relating to Building (chapter 5), Electricity (chapter 9), Affordable Housing
(chapter 11), Plumbing (chapter 17), and Outdoor Lighting (chapter 14, article 9)
applicable to the use and /or structure have been satisfied.
EXCEPTION:
Power to test an electrical installation may be granted by the administrative authority for
commercial installations, provided all of the following conditions are met:
position;
(2) There must be a need to test the installation; and
(3) The electrical contractor must remain in direct control of the installation while it
is energized.
Permission may be granted for testing to proceed for ten day periods, not to exceed thirty
days total. When testing is completed or the permitted amount of testing time has
expired, the contractor shall notify the administrative authority to lock the main
service disconnect in the open position.
A final inspection is required after all work required by the electrical permit is completed
and complies with all the requirements of this chapter.
(b) [Whenever electric wiring has been approved, a ] A certificate of inspection
[therefor shall] may be issued [on demand, ] upon request by the electrical
contractor on record, provided all fees required by this chapter have been [pai]
satisfied.
(c) The supervising electrician shall be present on the job site upon the request of the
[administrative authority.] authority having jurisdiction.
(d) Any installation in violation of this section shall be subject to discontinuance of
electrical service by the administrative authority.]
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SECTION 10. Chapter 10, article 2, section 9 -13 of the Hawai`i County Code 1983
(2005 Edition, as amended) is repealed:
[. • • ' . ' • .. . . ••. •.•
Eve.... person installing, altering, repairing, using, or maintaining electric wiring
shall be responsible for compliance with this chapter.]
SECTION 11. Chapter 9, article 2 of the Hawai`i County Code 1983 (2005 Edition, as
amended) is amended by adding a new section 9 -13 to read as follows:
Section 9 -13. Permanent electrical service.
Permanent electrical service shall be authorized by the authority having jurisdiction
upon completion of the following requirements:
(1) All permanent service equipment shall be inspected by the authority
having jurisdiction;
(2) For non residential installations, all rooms containing permanent service
equipment shall be completed and securable by means of a temporary or
permanent door and lock system;
(3) For residential installations, permanent service equipment shall be
installed on permanent buildings, meter poles or meter pedestals with
provisions for locking out the main service disconnects; and
(4) The electrical contractor shall be responsible and in control of all
permanent power access and usage.
SECTION 12. Chapter 9, article 3, of the Hawai`i County Code 1983 (2005 Edition, as
amended) is amended to read as follows:
Article 3. National Electrical Code.
Division 1. General
Section 9 -14. National Electrical Code adopted.
The National Electrical Code, [2-0442] 2008 Edition, copyrighted [200 -1-] 2007 by the
National Fire Protection Association, [Battery March] One Batterymarch Park, Quincy,
Massachusetts, [022669,] 02169 -7471, is hereby adopted by reference and made a part
hereof. [Three copies] A copy of this code shall be kept on file and be available for public
inspection in the clerk's office. The scope, technical specifications, and exemptions set
forth in this code are hereby adopted as the standard for electrical work covered by this
chapter, provided there are no specific provisions in any other section of this chapter
covering the particular matter.
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Section 9 -15. Compliance; standards of performance.
(a) No person shall do or cause to be done any electrical work which does not comply
with the provisions of this chapter.
(b) No person shall perform any work covered by this chapter in violation of the
provisions of chapter 448E, Hawai`i Revised Statutes.
Section 9 -16. Qualification to perform work.
(a) It shall be unlawful for any permit applicant to perform or allow to be performed
any work covered by the permit issued under this chapter in violation of chapter
444, Hawai`i Revised Statutes, relating to the licensing of contractors, and chapter
448E, Hawai`i Revised Statutes, relating to the licensing of electricians and
plumbers.
(b) Any person engaged in a business involving performance of electrical work
covered by this chapter, shall maintain a place of business in a business or
industrial zone in accordance to the provisions of chapter 25, with a listed
telephone number and be principally engaged in said business during the normal
business hours for said place of business.
Division 2. Violations, Enforcement, and Penalties.
Section 9 -16.1. General provisions.
It shall be unlawful for any person, firm, corporation to perform any electrical work or
permit the same to be done in violation of this code.
(b) Failure to comply with any provision of this code, any rule adopted pursuant to this code,
or with conditions imposed as part of any permit or variance from the provisions of this
code, shall constitute a violation of this code.
Section 9 -16.2. Notice of violation.
( Whenever the AHJ determines that there exists a violation of any provision of this code,
the administrative authority shall serve a notice of violation upon the parties responsible
for the violation, which may include, but shall not be limited to the owner and any lessee
of the property where the violation is located, to make the building or portion thereof
comply with the requirements of this code. Such notice of violation shall include:
(1) The date of the notice;
(2) The name and address of the person noticed, and the location of the violation;
(3) The section number of the ordinance, code or rule which has been violated;
(4) The nature of the violation; and
(5) The deadline for compliance with the notice.
(b) Proper service of such notice shall be by personal service, registered mail, or certified
mail upon the owner of record, provided, that if such notice is by registered mail or
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certified mail, the designated period within which the owner or person in charge is required to
comply with the order of the AHJ shall begin as of the date the owner or person in charge
receives such notice.
Section 9 -16.3. Administrative enforcement.
Lai If the AHJ determines that any person, firm or corporation is not complying with a notice
of violation, the AHJ may have the party responsible for the violation served, by mail or
delivery, with an order pursuant to this division.
(b) Contents of the Order.
(1) The order may require the parties responsible for the violation, including but not
limited to the owner /lessee of the property where the violation is located, to do
any or all of the following:
(A) Correct the violation within the time specified in the order;
(B) Pay a civil fine not to exceed $1,000 in the manner, at the place and before
the date specified in the order;
(C) Pay a civil fine not to exceed $1 ,000 per day for each day in which the
violation persists, in the manner and at the time and place specified in the
order.
(2) The order shall advise the party responsible for the violation that the order shall
become final thirty calendar days after the date of its delivery. The order shall
also advise that the administrative authority's action may be appealed to the board
of appeals.
(c) Effect of order; right to appeal. The provisions of the order issued by the AHJ under this
section shall become final thirty (30) calendar days after the date of the delivery of the
order. The party responsible for the violation may appeal the order to the board of
appeals as provided by section 9 -21 f below. The appeal must be received in writing on
or before the date the order becomes final. However, an appeal to the board of appeals
shall not stay any provisions of the order.
(d) Judicial enforcement of order. The AHJ may institute a civil action in any court of
competent jurisdiction for the enforcement of any final order issued pursuant to this
section. Where the civil action has been instituted to enforce the civil fine imposed by
such final order, the AHJ need only show that the notice of violation and order were
served, that a civil fine was imposed, the amount of the civil fine imposed, and that the
fine imposed has not been paid.
Section 9 -16.4. Criminal prosecution.
(a) General provisions. Any person, firm or corporation violating any of the provisions of
this code shall be deemed guilty of a petty misdemeanor, and each such person shall be
deemed guilty of a separate offense for each and every day or portion thereof during
which any violation of any provisions of this code is committed, continued or permitted;
and upon conviction of any such violation, such person shall be punishable by a fine of
not more than $1,000, or by imprisonment for not more than thirty days, or by both fine
and imprisonment.
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all Any officer or inspector designated by the administrative authority, who has been
deputized by the chief of police as a special officer for the purpose of enforcing the
provisions of the building, plumbing, electrical or housing codes (hereinafter referred to
as "authorized personnel "), pursuant to Section 803 -6, Hawai`i Revised Statues, may
arrest without warrant alleged violators by issuing a summons or citation in accordance
with the procedure specified in this section. Nothing in this section shall be construed as
barring such authorized personnel from initiating prosecution by warrant or such other
judicial process as is permitted by statute or rule of court.
(c) Any authorized personnel designated by the administrative authority, upon making an
arrest for a violation of the building, plumbing, electrical or housing codes, may take the
name and address of the alleged violator and shall issue to the violator in writing a
summons or citation hereinafter described, notifying the violator to answer the complaint
to be entered against the violator at a place and at a time provided in the summons or
citation.
(d) There shall be provided for use by AHJ a form of summons or citation for use in citing
violators of the building, plumbing, electrical or housing codes which does not mandate
the physical arrest of such violators. The form and content of such summons or citation
shall be as adopted or prescribed by the administrative judge of the district court and shall
be printed on a form commensurate with the form of other summonses or citations used
in modern methods of arrest, so designed to include all necessary information to make the
same valid within the laws and regulations of the State of Hawai`i and County of
Hawai`i.
(e) In every case when a citation is issued, the original of the same shall be given to the
violator; provided, that the administrative judge of the district court may prescribe by
giving to the violator a copy of the citation and provide for the disposition of the original
and any other copies.
(f) Every citation shall be consecutively numbered and each copy shall bear the number of its
respective original.
Section 9 -16.5. Injunctive action.
The County may maintain an action for an injunction to restrain or remedy any violation
of the provisions of this code and may take any other lawful action to prevent or remedy any
violation.
Division 3. Variances and Appeals.
Section 9 -17. Variances.
Whenever strict application of any provision of this [chapter,] code, except for the
provisions relating to materials, methods of construction, equipment, fixtures, devices, or
appliances, would result in practical difficulty or unnecessary hardship that would deprive the
owner of the reasonable use of the land or building involved, the owner may petition the board of
appeals for a variance from the provision. In granting a variance, the board of appeals shall
prescribe any conditions that it deems to be necessary or desirable. However no variance from
the strict application of this [chapter] code shall be granted by the board of appeals unless it
finds[-] that all of the following are present:
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(1) That there are special circumstances or conditions applying to the land or building
for which the variance is sought, which circumstances or conditions are peculiar
to such land or building and do not apply generally to lands or buildings in the
neighborhood or surrounding property, and that the circumstances or conditions
are such that the strict application of the provisions of this [chapter] code would
deprive the applicant of the reasonable use of the land or building;
(2) That the granting of the variance is necessary for the reasonable use of the land or
building and that the variance granted is the minimum variance that will
accomplish this purpose; and
(3) That the granting of the variance will be consistent with the intent and purpose of
this [chapter,] code, and will not be injurious to persons or property or create
additional fire hazards, and will not otherwise be detrimental to the public
welfare. In making its determination, the board of appeals shall take into account
the character, use and type of occupancy and construction of adjoining buildings,
buildings on adjoining lots, and the building or land involved.
Section 9 -18. Appeals regarding alternative materials and methods of construction.
Any person denied the use of new or alternate materials, methods of construction,
equipment, fixtures, devices, or appliances by the [administrative authority,] authority having
jurisdiction, may, within thirty days after the authority having jurisdiction's decision, appeal the
decision to the board of appeals. In considering an appeal, the board may require any reasonable
test of the proposed material, method of construction, equipment, fixture, device, or appliance,
and the appellant shall pay all expenses necessary for the test. The board of appeals may affirm
the decision of the [administrative authority,] authority having jurisdiction, or it may reverse the
decision if it finds:
(1) That the new or alternate materials, methods of construction, equipment, fixtures,
devices, or appliances meet standards established by this [chapter;]code
(2) That permitting the requested use will not jeopardize the safety of persons or property;
and
(3) That the requested use will not be contrary to the intent and purpose of this
[chapter.] co de.
Section 9 -19. Other appeals.
Any person aggrieved by the decision of the [administrative authority] AHJ in the
administration or application of this [chapter,]code, other than that prescribed in sections 9 -17
and 9 -18, may, within thirty days after the date of the administrative authority's decision, appeal
the decision to the board of appeals. The board of appeals may affirm the decision of the
[administrative authority,]AHJ, or it may reverse or modify the decision if the decision is:
(1) In violation of this [chapter]code or other applicable law;
(2) Clearly erroneous in view of the reliable, probative, and substantial evidence on
the whole record; or
(3) Arbitrary, or capricious, or characterized by an abuse of discretion or clearly
unwarranted exercise of discretion.
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Section 9 -20. Rules; Adoption of rules by the board of appeals.
The board of appeals shall adopt rules pursuant to chapter 91, Hawaii Revised Statues,
necessary for the purposes of the [article.] section.
Section 9 -21. [
(a) General. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge,
alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any
builstructure or cause or permit the same to be done in violation of this code.
(b) Notice of Violation. Whenever any person, firm, or corporation violates any provisions of
the violation to make the building or structure or portion thereof comply with the
requirements of this code.
The notice of violation shall include at 1 st the following information:
(1) Date of the notice;
(2) The name and address of the person noticed and the location of the violation;
(3) The section number of the ordinance, code, or rule which has been violated;
(1) The nature of the violation;
(5) The d dlinc for compliance with -the notic
(6) Appeal to building official information.
(c) Criminal Prosecution.
of a separate offense for ach and every day or portion thereof during which any
violation of any provisions of this code is committed, continued, or permitted, and
upon conviction of any such violation such person shall be punishable by a fine of not
more than $1,000, or by imprisonment for not more than one y r, or by both fine and
i pfisonment.
-
by the chief of police as a special officer for thc purpose of enforcing thc provisions of
the electrical code (hereinafter referred to as "authorized personnel "), may issue a
summons or citation in accordance with the procedure specified in this section.
Nothing in this section shall be construed as barring such autho _ .. - . -
initiating prosecution by warrant or such other judicial process as is permitted by
statute or rule of court.
(3) Any authorized personnel designated by thc building official, upon making an arrest
for a violation of the electrical code may take the name and address of thc alleged
• • - • - . • . - • - . summons or citation hereinafter
described, notifying the violator to answer the complaint to be entered against the
violator at a place and at a time provided in said summons or citation.
('1) There shall be provided for use by authorized personnel, a form of summons or citation
arrest of such violators. The form and content of such summons or citation shall be as
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same valid within the laws and regulations of the State of Hawai`i and the County of
Hawai
{5) In every case when a citation is issued, the original of the same shall be given to the
violator; provided that the administrative judge of the district court may prescribe by
_ - - • ... . .. :f the citation and provide for the disposition of the
original and any other copies.
(6) Every citation shall be consecutively numbered and each copy shall bear the number of
its respective original.
(d) Administrative Enforcement. • .... • • : -, • - - .. • . • - : official determines that
any person, firm, or corporation is not complying with a notice of violation, the building
order pursuant to this section.
(1) Contents of the Order.
(A) The order may require the party responsible for the violation to do any or all of
the following:
(i) Correct the violation within the time specified in the order;
(ii) Pay a civil fine not to exceed $1,000 in thc manner, at the place and before
the date specified in the order;
(iii) Pay a civil fine not to exceed $1,000 per day for ch day in which the
violation persists, in the manner and at thc time and place specified in the
order.
(B) The order shall advise the party responsible for the violation that the order shall
become final thirty calendar days after the date of its delivery. The order shall
also advise that the building official's action may be appealed to the board of
appeals.
(2) Effect of Order; Right to Appeal. The provisions of the ordcr issued by the building
official under this section shall become final thirty calendar days after the date of the
delivery of the order. The party responsible for the violation may appeal thc order to
the board of app is as provided by section 9 18 of this code. The appeal must be
to the board of app als shall not stay any provision of the order.
(3) Judicial Enforcement of Order. The building official may institute a civil action in any
court of competent jurisdiction for the enforcement of any order issued pursuant to this
section. Where the civil action has been instituted to enforce the civil fine imposed by
said ordcr, the building official need only show that the notice of violation and order
were served, that a civil fine was imposed; the amount of the civil fine imposed and
that the fine imposed has not been paid.] Reserved.
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Section 9 -22. Prior offenses.
Nothing contained in any provision of this chapter shall apply to an act done or omitted,
or to an offense committed at any time before the enactment of this chapter. Such act or
omission shall be governed by, and any such offense shall be punished according to the
provisions existing when such act, omission or offense occurred in the same manner as if this
chapter had not been enacted.
SECTION 13. Chapter 9, article 4, of the Hawai`i County Code 1983 (2005 Edition, as
amended) is amended to read as follows:
Article 4. Modifications of National Electrical Code.
Section 9 -23. • •• • • . • • • :1 ! _ • • .
Section 600 1 is amended to r ad:
Every electric sign of any type, fixed or portable, shall be listed or approved.
EXCEPTION: Such approval will not be required provided:
1. The sign is constructed and assembled of approved components in
accordance with recognized standards.
2. The sign is inspected and approved before erection.]
Deleting Annex H, Administration and Enforcement of the 2008 NEC.
Section 9 -24. Amending the National Electrical Code by adding material; rain
water and sea water flooding standards.
The National Electrical Code is amended by adding the following:
Rain Water and Sea Water Flooding Standards. The following paragraphs shall
supplement the requirements of the National Electrical Code for electrical work subject to
inundation by rainfall run -off or sea waves[:] in areas designated as FLOOD ZONE by a
Federal, State or County agency. All installations shall comply with chapter 27,
Floodplain Management Ordinance.
1. Services:
a. Location. Service equipment shall be located above the inundation
level or shall be installed in water -tight enclosure, room, or vault,
and shall be readily accessible in any case.
b. Ground Fault Protection. Ground fault protection shall be provided
for all grounded wye electrical services.
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2. Ground Fault Protection:
a. Approved ground fault circuit protection shall be provided for all
feeder and branch circuits below or extending into inundation
level.
3. Wiring Method and Material:
a. Distribution Equipment. Equipment such as transformers, fuses,
panelboards, switchboards, disconnects, circuit breakers,
controllers and other devices used for control, disconnecting
means, ground fault protection, or overcurrent protection shall be
located above the inundation level, unless made of water -tight
construction.
4. The director of public works shall have the authority to consider
exceptions to the provisions of the requirements of this section and may
grant variance from the provisions thereof, if local topographic
conditions clearly indicate that the possibility of flooding is not present.
5. Contractor will provide a certified bench mark on jobsite for flood zone
elevation reference point.
6. Residential and nonresidential electrical only permit application
requirements: Electrical design drawings stamped and signed by an
electrical engineer registered in the State of Hawai`i. Plans shall
include a site or plot plan showing the certified flood zone elevation
mark.
[Section 9 -25.. ...... • • _ .. • • . • . .. • • .. • . , • • :
• . . • . • . _ • . • •• • • .] Reserved.
SECTION 14. Chapter 9, article 5, division 1, section 9 -26 of the Hawai`i County Code
1983 (2005 Edition, as amended) is amended to read as follows:
"Section 9 -26. Permit required; exceptions.
No person shall perform any electrical work or cause or permit the same to be done,
unless a permit therefor has been obtained from the administrative authority with the
following exceptions:
(1) Electric work and installations to which the provisions of this chapter are
expressly declared to be not applicable.
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(2) Installation of any portable motor or other portable appliance energized by
means of a cord or cable having an attachment plug, and if such cord or cable is
permitted by this chapter.
(3) Repair of any fixed motor, water heater, air conditioning controls or other
appliance, or replacement of any fixed motor with another having the same
horsepower rating and situated at the same location.
(4) Replacement of receptacles and switches.
(5) Maintenance work by a [properly] licensed electrician[.-] per chapter 448E,
Hawai`i Revised Statutes.
(6) Emergency electrical work by a person to whom a permit may be issued (see
sections 9 -28 and 9 -41 of this chapter[.-])_
R7) Radio and television receiving antenna systems other than master or
,- . -- - .. - .]
[(8)](7) The provisions of the foregoing exceptions shall not apply to any repairs
or replacement of electrical devices, apparatus, or appliances which were
originally installed without a permit, when such permit is required for the
original installation, or when energized by or a part of any hazardous or illegal
wiring system.
[(9)](8) The foregoing exceptions from permit requirements shall not be deemed to
allow any electrical wiring to be done in a manner contrary to other provisions
of this chapter."
SECTION 15. Chapter 9, article 5, division 1, section 9 -29 of the Hawai`i County Code
1983 (2005 Edition, as amended) is amended to read as follows:
Section 9 -33. Separate permits required[; exception.]_
A separate electrical permit shall be obtained for each building [or structure, except that a
permit for a main building may include electrical work for a private garage, shcd, or accessory
building located on the same premises as the main building, and supplied by a feeder or circuit
from the main building.] permit.
SECTION 16. Chapter 9, article 5, division 1, section 9 -33 of the Hawai`i County Code
1983 (2005 Edition, as amended) is amended to read as follows:
Section 9 -33. Plans and specifications requirements; deviations.
(a) Plans and specifications giving such details of the proposed installation as may be
required by the administrative authority shall be filed with the application. Such plans
and specifications shall bear the approval of a professional electrical engineer registered
in the State of Hawai`i.
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EXCEPTIONS:
(1) If the demand load of the proposed installation is less than thirty kilovoltamperes,
this requirement shall be applicable only if the administrative authority so directs.
(2) For single family dwellings, plans and specifications shall not be required
provided the installation meets all of the following criteria:
(A) The installation shall not be located in a rain water or sea water flood
zone; and
(B) Service size disconnect does not exceed 200 amperes.
[(C) For single phase installations, under 200 amps, plans and specifications
shall not be required.]
(b) All photovoltaic systems for residential and non residential installations shall require a
building permit. Plans and specifications for building work shall bear the approval of an
architect or structural engineer registered in the State of Hawai`i. Electrical design
drawings and specifications shall bear the approval of an electrical engineer registered in
the State of Hawai`i.
[(h)](c)No person shall materially deviate from any [approved] reviewed plan or specifications
or fail, neglect or refuse to comply herewith, unless permission to do so has first been
obtained from the [department.] electrical engineer on record. Revised drawings and or a
letter approving such deviations shall be submitted to the administrative authority for
review.
SECTION 17. Chapter 9, article 5, division 1, section 9 -35 of the Hawai`i County Code
1983 (2005 Edition, as amended) is amended to read as follows:
Section 9 -35. Persons to whom permit may be issued.
A permit to do electrical work regulated by this chapter may be issued only to:
(1) A contractor who is licensed under the provisions of chapter 444, Hawai`i
Revised Statutes, and possesses a valid, unexpired, unrevoked license which
qualifies the contractor to perform electrical or electrical specialty work.
(2) A permit may also be issued to a homeowner for electrical work on a single -
family dwelling which the owner will personally occupy and use exclusively for
living purposes, provided the owner is a journeyman electrician, journeyman
specialty electrician, supervising electrician, or supervising specialty electrician
licensed under chapter 448E, Hawai`i Revised Statutes. Only one such permit
may be issued to such homeowner unless the administrative authority finds the
strict application would result in practical difficulty and hardship and that the
granting of a second permit would not be contrary to the purpose of the Code.
This does not preclude the homeowner from obtaining additional permits for the
same building or accessory building on the same lot.
(3) A supervising electrician or supervising specialty electrician:
(A) Who is employed as a maintenance electrician by someone other than a
contractor described above;
[(B) . _
electrical installation;]
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[(C)](B) Who is employed by the County or State; or
[fD}](C) Who is applying for electrical work for such person's own
dwelling.
(4) A journeyman electrician licensed per chapter 448E, Hawai`i Revised Statues,
and employed by the County of Hawai`i.
SECTION 18. Chapter 9, article 5, division 1, section 9 -36 of the Hawai`i County Code
1983 (2005 Edition, as amended) is amended to read as follows:
Section 9 -36. Permit content; posting; time limit for suspension of work.
Every permit shall be issued in such form and detail as shall be prescribed by the
administrative authority, shall specify the geographical location of the premises whereon the
work authorized thereby is to be done, shall be valid only for the location so specified, and shall
be conspicuously posted by the holder thereof on the premises. If the work authorized by any
permit [shall be] is continuously suspended for a period of [ninety] one hundred twenty days,
such permit shall thereupon, and thereafter, be null and void.
SECTION 19. Chapter 9, article 5, division 2, of the Hawai`i County Code 1983
(2005 Edition, as amended) is amended by adding a new section to read as follows:
Section 9 -39.1 Refunds.
Refunds for permits shall be made in accordance with section 2 -12 of the Hawai`i
County Code.
SECTION 20. Chapter 9, article 5, division 2 of the Hawai`i County Code 1983 (2005
Edition, as amended) is amended by adding a new section 9 -41.2 to read as follows:
Section 9 -41.2. Requirements for as built work.
Penalty fees per section 9 -41 shall apply. Residential and Nonresidential work will
require electrical as built drawings certifying that all work has been installed and complies with
all applicable ordinances and codes. These drawings shall bear the stamp and signature of an
electrical engineer duly licensed in the State of Hawai`i.
SECTION 21. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
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SECTION 22. If any provision of this ordinance, or the application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are declared to be severable.
SECTION 23. Nothing in this ordinance or in the National Electric Code hereby
adopted shall be construed to affect any suit or proceeding impending in any court, or any rights
acquired, or liability incurred, or any cause or causes of action acquired or existing, under any
act or ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or
affected by this ordinance.
SECTION 24. This ordinance shall take effect ninety days after approval.
_. TRODUCED 11Y:
'e 'loath
COUNCIL MEMB. ' . J OF HAWA `I
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCES Comm. 126.6
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