Chapter 05 Construction Administrative Code

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§ 5-7-3 H AWAI‘I C OUNTY C ODE (d) Work begun without permit. When work for which a permit is required by the construction code has commenced without obtaining a permit, the fees shall be either $1,000 plus the fees specified by this code, or the fees specified by this code shall be doubled, whichever is greater. The payment of such fees shall not exempt any person from the requirements of the construction code in the execution of the work or from any other penalties prescribed in this code. Exception: This provision shall not apply to emergency work performed under circumstances that did not allow time to obtain a permit per section 5-3-25. To qualify for this exception, it must be proved to the satisfaction of the authority having jurisdiction that the unpermitted work was urgently necessary and that it was not practicable to obtain a permit therefore before the commencement of the work. In all such cases a permit must be obtained as soon as it is practicable to do so. Any delay in obtaining a permit as soon as it is practicable to do so will subject the petitioner to enhanced fees pursuant to section 5-7-3(d). (e) New permit obtained after expiration. Where a new permit is obtained to complete construction of a project after expiration of permit under provisions of section 5-5-4, the fee therefor shall be based on the valuation of one-half the amount of work remaining to be done, provided: (1) No change has been made or will be made in the original plans and specifications for such work; (2) That immediately prior to applying for this permit the work on the property has not been abandoned or suspended for a period of more than one year; and (3) No refund has been made under provisions of section 5-7-8. (f) To change the designation of contractor for any phase of work, pursuant to subsection 5-5-3(c), the fee shall be $100. (g) The County and all contractors performing work under authority of the County shall be exempt from the requirement of paying any permit fee. (h) The following programs shall be exempt from the requirement of paying any permit fee, except for fees imposed pursuant to subsection (d), relating to work begun without a permit and penalty fees when required by the construction code: (1) Habitat for Humanity - Hilo and Kona; and (2) Hawai‘i Community College’s Model Home Project. (i) The authority having jurisdiction may waive permit fees for any person seeking to restore, reconstruct, or replace a structure damaged or destroyed as a result of a major disaster. For the purposes of this section, “major disaster” means any hurricane, tornado, storm, flood, high water, tsunami, earthquake, volcanic eruption, landslide, mud slide, fire, explosion, or other catastrophe occurring in any part of the County that causes damage, suffering, and loss to such a degree that: (1) The governor of the State of Hawai‘i has declared pursuant to chapter 209, HRS, that a major disaster has occurred; or SUPP. 9 (1-2021) 5-32