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reconstruction is valued by a licensed professional engineer or architect at <br /> more than fifty-per cent of the replacement cost of the structure. <br /> "Repair" means the fixing, renovation, improvement, or restoration of any <br /> part of a lawfully existing structure,but not the entire structure,solely for the <br /> purpose of its maintenance and which does not result in an addition to, or <br /> enlargement or expansion of, the lawfully existing structure. "Repair" <br /> includes, but is not limited to alteration of floors, roofs, walls, or the <br /> supporting structure of a building or the rearrangement of any of its <br /> component parts. <br /> Reasons for the amendments: The State Legislature did not provide definitions for <br /> "repaired", "rebuilt" and"replaced" in Act 16. In order to effectively implement this <br /> section of HRS, these definitions are being added. These definitions are similar to <br /> definitions used by other counties in Hawaii. <br /> 17. HRS 205A-43.5 was amended as shown which affects Section 8-10(d) and (e) of <br /> Commission Rule 8: <br /> "(d) The Department may waive a public hearing and take action on a variance <br /> application for the uses and activities in section 8-10(a) after public and private <br /> notice, including reasonable notice to abutting_property owners and persons who <br /> have requested this notice, is provided. <br /> and; <br /> (e) A variance may be granted for a structure or activity otherwise prohibited by <br /> Planning Department Rule 11 (Shoreline Setback) and Chapter 205A, HRS if the <br /> Department finds in writing, based on the record, that the proposed structure or <br /> activity meets the criteria in Section 8-1 L" <br /> Reasons for the amendments: HRS, 205A-43.5 was amended prior to Act 16. <br /> Therefore, the Planning Director is taking this time to update Department Rule 11 to <br /> reflect current State law. <br /> -13- <br />