HomeMy WebLinkAboutCOM 0989.036 2018-2020 J�(Y OF•fl,'jY
VALERIE T. POINDEXTER °°''w�;„ �y�,l''; Phone: (808)961-8828
Council Member {� :* Fax: (808)961-8912
Council District 1 Email: vpoindexter@co.hawaii.hi.us
OF
HAWAII COUNTY COUNCIL
County o,f Hawai`i
Hawai`i County Building
25 Aupuni Street, Suite 1402
Hilo, Hawai`i 96720
DATE: August 5, 2020
TO: Aaron Chung, Council Chair f
and Members of the Hawaii 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 Hawaii 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.
Rif.To.
Hawai`i County is an Equal Opportunity Provider and Employer Ref.Date
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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."
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4. Article 3, division 1 of Bill No. 179, Draft 2, would be amended by adding a new section
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5-3-2 to read as follows:
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"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 j
obtaining a permit for this work from the authorily having jurisdiction:
(1) Manufacture install erect construct, enlarge, alter, repair, relocate,
improve, remove, convert, or demolish anfactory-built housing;
(2) Manufacture, erect, install, enlarge, alter, repair, remove, convert, or
replace any electrical work; or j
(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.
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(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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Exception: Manufactured homes manufactured and certified in
accordance with the Manufactured Home Construction and Safety
Standards as promulgated by the United States Department of
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 [pfedtfet ffem faw, tinfinished
of semi finished matefials to pfe4ttee] 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.
Ua No person shall [install FBH of e&ase the f4egeing to be done
without first obtaining a building permit from the buildin
effieial fef eaeh FBH.] perform any of the following work or
cause or permit the same to be done on aLiy 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, ag s, 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-l-, 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 [5-3-5-] 5-7-3 of[this] chapter 5, shall be paid to the
building official. [The fee shat be based o +r,o -"A]1-1-:46 on ofthe
building in place complete ineluding the east ef earpoft, ,
walls,lls, ete.]
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
eleetr-i 1] work.
(a) All building, electrical,and plumbing work performed within
[this state] the State of Hawaii shall comply with State of
Hawaii 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 [sup��] building
contractor, licensed supervising 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 building contractors, electricians,or
plumbers,respectively, of the [Eou ] state in which the
factory is located. if the manufacturer doer not submit
of€ieial;
L101.7 Plans and speeffleations.
(a) For-eaeh mo dal of FB14 thfee sets o F,.lans and specifications
shall be submitted and . .,l obtained prior to fabrication.-
(b) Al tb, eaeh , plie do f f ., b u ,d;f,., p mf
lit 3 t4ee sets „
installation plans and specifications including the plot plan sha
be s„b,,,-,;tted
(e) Preparation of plans and observation of construction shall be by
t+.,to of T_T.,,, a ',
L101.8] L101.7 Inspections. {
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(a) Each and every FBH manufactured outside of[the] this County
shall be inspected by [the building lain offiei l within the Gou t,. ] a
governmental or inspectional agency pproved by the building
official in conformance with the duality assurance standards
approved by the building official and in compliance with
County of Hawaii codes and regulations.
(b) All manufacturing work, including building, electrical, and
plumbing, shall be inspected in the factory by the building
official[.-] 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.
[LIOI.9] L101.8 Manufacturer's label. [" m �"etur-eN's label
the building, matiafaettife date, design lead oriteria, and third party
stamp shall be securely fastened on the FBB.]
O Each and every FBH manufactured outside of this County shall
have a manufacturer's label on a metal plate showing the
manufacturer's name, serial number of the building,manufacture
date, design load criteria and an inspection stamp by
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governmental or inspectional agency approved by the building
official securely fastened on the FBH;
Each and every FBH manufactured in the County of Hawaii
shall have a manufacturer's label on a metal plate showing the
manufacturer's name, serial number of the building, manufacture
date, design load criteria, and building official inspection stamp
securely fastened on the FBH.
[LI#140] 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 to Bill No. 179, Draft 2 are adopted is not attached.
VP/lc
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