HomeMy WebLinkAboutCOM 0989.033 2018-2020 •
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VALERIE T. POINDEXTER
••°' �- Phone: (808) 961-8828
Council Chairwoman& Presiding Officer ��1�`��%►; % Fax: 808 961-8912
Council District 1 • : - Email: vpoindexter@co.hawaii.hi.us
co.hawaii.hi.us
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HAWAII COUNTY COUNCIL
County of Hawai`i c7•
Hawai`i County Building
25 Aupuni Street, Suite 1402
"Hilo, Hawai`i 96720 r—
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DATE: July 28, 2020
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TO: Aaron Chung, Council Chair
and Members of the Hawai`i County Council
FROM: Valerie T. Poindexter, Council Member
SUBJECT: Proposed Amendments to Sections 5-3-2 through 5-3-5 and 5A-3-22 of
Bill No. 179, Draft 2;
An Ordinance Establishing a County Construction Code Relating to Building
Construction and Related Systems Within a Building Under Construction by
Amending the Hawai`i County Code 1983 (2016 Edition, as Amended), as
follows:
1) Adopting New Chapters 5 (Construction Administrative Code), 5A
(Building Code), 5D (Electrical Code), 5E (Energy Conservation Code), and
5F (Plumbing Code);
2) Amending Chapter 2, Section 2-39; Chapter 3, Sections 3-14 and 3-15; and
Chapter 25, Sections 25-1-5, 25-4-10, and 25-4-60; and
3) Repealing Chapters 5 (Building Code), 9 (Electrical Code), and 17
(Plumbing Code).
Please see below proposed amendments to sections 5-3-2 through 5-3-5 and 5A-3-22
(Appendix L; Factory-built Housing), of Bill No. 179, Draft 2. These amendments are
illustrated in Ramseyer format with respect to the contents of Bill No. 179, Draft 2. Material
to be deleted is bracketed and stricken; new material is underscored.
1. Section 5-3-2 of Bill No. 179, Draft 2, would be amended by renumbering it as follows:
"Section [5-3 2.] 5-3-3. Relocation of buildings."
2. Section 5-3-3 of Bill No. 179, Draft 2, would be amended by renumbering it as follows:
"Section [5-3-3.] 5-3-4. Temporary permits; required."
Comm.No. 9'39. 1515
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Hawai`i County is an Equal Opportunity Provider and Employer Ref. ,UI 2 9 2020
3. Section 5-3-4 of Bill No. 179, Draft 2, would be amended by renumbering it as follows:
"Section [5-3-4.] 5-3-5. Separate permit; required."
4. Article 3, division 1 of Bill No. 179, Draft 2, would be amended by adding a new section
5-3-2 to read as follows:
"Section 5-3-2. Factory-built housing.
(a) No person shall perform any of the following work or cause or permit the
same to be done on any factory-built housing in the County, without first
obtaining a permit for this work from the authority having jurisdiction:
(1) Manufacture, install, erect, construct, enlarge, alter, repair, relocate,
improve, remove, convert, or demolish any factory-built housing;
(2) Manufacture, erect, install, enlarge, alter, repair, remove, convert, or
replace any electrical work; or
(3) Manufacture, erect, install, enlarge, alter, repair, remove, convert, or
replace any plumbing, fire sprinkler, gas, or drainage piping work, or
any fixture, gas appliance, water heating, or water treating equipment.
(b) To obtain a permit, an applicant shall comply with sections: 5-4-1; 5-4-2, 5-
4-3, 5-4-4, 5-4-5, 5-4-6, 5-4-7, and 5-4-8.
(c) For the purposes of this section, "manufacture" means the process of making.,
fabricating, constructing, forming, or assembling a FBH at a place other than
the building site."
5. Section 5A-3-22 of Bill No. 179, Draft 2, would be amended to read as follows:
"Section 5A-3-22. Appendix L; Factory-built Housing.
Appendix L is added to read as follows:
"APPENDIX L
FACTORY-BUILT HOUSING
SECTION L101
APPLICABILITY
L101.1 Purpose. These provisions are applicable to the design,
construction, installation and transportation of factory-built housing
(FBH) within the County. Unless otherwise specified this article shall
be applicable only to FBH which is sold or offered for sale to first
users as defined below.
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accordance with the Manufactured Home Construction and Safety
-• -. . D-
Housing and Urban Development. Foundation, exterior stairs,
additions and accessory structures shall comply with Article 1,
Adoption of the International Building Code and International
Residential Code for One and Two Family Dwellings.]
All provisions of the building, housing, electrical, and plumbing
codes shall be applicable unless indicated otherwise in this article.
L101.2 Definitions. The following terms are defined for specialized
use within this article:
"Building official" means the director of the department of public
works or the director's authorized representative.
"Factory-built housing" means any structure or portion thereof
designed primarily for residential occupancy by human beings, which
is either entirely prefabricated or assembled at a place other than the
building site.
"First user" means a person, firm or corporation who initially installs
FBH within this State. A person who subsequently purchases an
installed FBH is not a first user within the meaning of this definition.
"Insignia of approval" means a tag, tab, stamp, label or other device
issued by the building official to indicate compliance with the statutes
and these rules.
"Installation" means the assembly of FBH on site and the process of
affixing FBH to land, a foundation or an existing building.
"Manufacture" means the process of making, fabricating,
constructing, forming, or assembling a [product from raw, unfinished
or semi finished materials to produce] FBH[.-] at a place other than
the building site.
"Site" means the parcel of land on which FBH is installed.
L101.3 Building permit required.
(a) No person shall [- . - : - . . - -- -::•-: : :- ::--
without first obtaining a building permit from the building
official for each FBH.] perform any of the following work or
cause or permit the same to be done on any FBH in the County,
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without first obtaining a permit for this work from the building
official:
(1) Manufacture, install, erect, construct, enlarge, alter, repair,
relocate, improve, remove, convert, or demolish any FBH;
(2) Manufacture, erect, install, enlarge, alter, repair, remove,
convert, or replace any electrical work; or
(3) Manufacture, erect, install, enlarge, alter, repair, remove,
convert, or replace any plumbing, fire sprinkler, gas, or
drainage piping work, or any fixture, gas appliance, water
heating, or water treating equipment.
(b) To obtain a permit, an applicant shall comply with sections: 5-
4-1; 5-4-2, 5-4-3, 5-4-4, 5-4-5, 5-4-6, 5-4-7, and 5-4-8.
L101.4 Building permit fee. A fee for each building permit as set
forth in section [5 35] 5-7-3 of[this] chapter 5, shall be paid to the
building official. [The fee shall be based on the valuation of the
building in place complete including the cost of carport, fences,
walls, etc.]
L101.5 Insignia of approval.
(a) FBH manufactured in this County which is sold or offered for
sale to first users within this County shall bear the insignia of
approval issued by the building official indicating that the FBH
is in compliance with this article.
(b) FBH manufactured outside the [county] County shall bear the
insignia of approval issued by [any governmental or
inspectional agency approved by] the building official.
L101.6 Performance of building, electrical, and plumbing [and
electrical] work.
(a) All building,electrical,and plumbing work performed within
[this state] the State of Hawai`i shall comply with State of
Hawai`i contracting and licensing laws and regulations.
(b) All building, electrical,and plumbing work to be performed at
the factory outside of this state must be accomplished:
(1) Under the supervision of a licensed supervising
construction contractor, electrician, or master plumber,
respectively, of the [county] state in which the factory is
located, if the manufacturer submits a quality control
manual which is approved by the building official; or
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(2) By licensed construction contractors, electricians., or
plumbers, respectively, of the [county] state in which the
factory is located. [if the manufacturer does not submit a
quality control manual which is approved by the building
official;
(a) For each model of FBH, three sets of plans and specifications
shall be submitted and approval obtained prior to fabrication.
(b) With each application for a building permit, three sets of
be submitted.
a professional architect or structural engineer licensed in the
State of Hawai`i.
L0-178] L101.7 Inspections.
(a) Each and every FBH manufactured outside of[the] this County
shall be inspected by the building official within the [County.]
county in which the FBH was manufactured.
(b) All manufacturing work, including building, electrical, and
plumbing, shall be inspected in the factory by the building
officialk] to ensure compliance with the requirements of the
construction code. It shall be the duty of the permit holder or
their agent, to cause the work to remain accessible and exposed
for inspection purposes. All inspections of FBH shall comply
with sections 5-8-1, 5-8-2, 5-8-3, 5-8-4, 5-8-5, 5-8-6, and 5-8-7.
[L101.9] L101.8 Manufacturer's label. A manufacturer's label on
a metal plate showing the manufacturer's name, serial number of the
building, manufacture date, design load criteria, and [third party]
building official inspection stamp shall be securely fastened on the
[FBB.] FBH.
[L101.10] L101.9 Transporting Factory-Built Housing. The
transportation of FBH shall be governed by the provisions of the
County and State traffic codes."
Due to the extensive length of Bill No. 179, Draft 2, a copy of the revised draft of this bill that
would result if these proposed amendments are adopted is not attached.
VP/lc
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