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HomeMy WebLinkAboutBIL 044 Draft 01 2020-2022 AN ORDINANCE AMENDING THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE COUNTY CONSTRUCTION CODE, BY: 1) ADOPTING NEW CHAPTERS 5B (RESIDENTIAL BUILDING CODE) AND 5C (EXISTING BUILDING CODE); 2) AMENDING CHAPTER 5 (CONSTRUCTION ADMINISTRATIVE CODE): SECTIONS 5-1-2, 5-1-3, 5-1-5, 5-2-2, 5-2-3, 5-2-4, 5-4-21, 5-8-4, AND 5-10-1; 3) AMENDING CHAPTER 5A (BUILDING CODE): SECTIONS 5A-1-3, 5A-1-6, 5A-3-21, 5A-3-22, AND 5A-3-27; 4) AMENDING CHAPTER 5D (ELECTRICAL CODE): SECTIONS 5D-1-3, AND 5D-1-6; 5) AMENDING CHAPTER 5E (ENERGY CONSERVATION CODE): SECTION 5E-1-6; AND 6) AMENDING CHAPTER 5F (PLUMBING CODE): SECTION 5F-1-6. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I: PART I. CHAPTER 5B, RESIDENTIAL BUILDING CODE SECTION 1. The Hawai‘i County Code 1983 (2016 Edition, as amended), is amended by adding a new chapter, establishing a residential building code, to be designated chapter 5B, and to read as follows: “CHAPTER 5B RESIDENTIAL BUILDING CODE Article 1. General Provisions. Section 5B-1-1. Title. This chapter shall be known as the “residential building code.” Section 5B-1-2. Purpose. The purpose of this chapter is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all residential buildings and structures within the County and certain equipment specifically regulated herein. Section 5B-1-3. Scope; exceptions. This chapter shall apply to the design, construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade plane in height. Exception: The following shall be permitted to be constructed in accordance with this code where provided with a residential fire sprinkler system complying with, chapter 26, the Hawai‘i County fire code: 1. Live/work units located in townhouses and complying with the requirements of Section 419, “Live/Work Units” of the International Building Code as adopted by chapter 5A, the building code. 2. Owner-occupied lodging houses with five or fewer guestrooms. 3. A care facility with five or fewer persons receiving custodial care within a dwelling unit. 4. A care facility with five or fewer persons receiving medical care within a dwelling unit. 5. A care facility for five or fewer persons receiving care that are within a single-family dwelling. Section 5B-1-4. Administrative provisions. Provisions relating to permitting, enforcement, inspection, and other administrative procedures pertaining to this chapter are contained in chapter 5, the construction administrative code. Section 5B-1-5. Existing buildings. (a) Permitted buildings in existence at the time of the adoption of this chapter may have their existing permitted use or occupancy continued if such use or occupancy was legal at the time of the adoption of this chapter, provided such continued use does not constitute a hazard to the general safety and welfare of the occupants and the public. (b) Alteration, repair, addition, and change of occupancy. Alteration, repair, addition, and change of occupancy to a building or structure in existence at the time of the adoption of this chapter shall comply with the requirements of the existing building code, chapter 5C, Hawai‘i County Code. Section 5B-1-6. Definitions. As used in this chapter, unless it is apparent from the context that a different meaning is intended: “Accessory structure” means a structure not greater than 3,000 square feet (279 m2) in floor area, and not over two stories in height, the use of which is customarily accessory to and incidental to that of the dwelling and which is located on the same lot. “Authority having jurisdiction” means the director of the department of public works, or the director’s authorized representative. “Building” means any structure used or intended for supporting or sheltering any use or occupancy. The term shall include but not be limited to, any structure mounted on wheels such as a trailer, wagon, or vehicle which is parked and stationary for any 24-hour period, and is used for business or living purposes; provided, however, that the term shall not include a push cart or push wagon which is readily movable and which does not exceed 25 square feet in area, nor shall the term include a trailer or vehicle, used exclusively for the purpose of selling any commercial product therefrom, which hold a vehicle license and actually travels on public or private streets. To the extent context otherwise permits and/or requires, the definitions of “building” as used in chapters: 5A, the building code; 5B, the residential building code; 5C, the existing building code; 5D, the electrical code; 5E, the energy conservation code; and 5F, the plumbing code; are incorporated by reference herein. “Building work” means the design, construction, alteration, relocation, enlargement, replacement, repair, removal, demolition of any building or structure, or any other activities regulated by this chapter. “Chapter” means this chapter. “This code” means the residential building code, contained in chapter 5B, or the construction administrative code, contained in chapter 5, or both, as the context requires. “Construction code” means collectively: chapter 5, the construction administrative code; chapter 5A, the building code; chapter 5B, the residential building code; chapter 5C, the existing building code; chapter 5D, the electrical code; chapter 5E, the energy conservation code; chapter 5F, the plumbing code; and all administrative rules adopted pursuant to these chapters. “Dwelling” means any building that contains one or two dwelling units used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes. “Existing building” means a building erected prior to the effective date of this chapter, or one for which a legal permit has been issued. “Existing structure” means a structure erected prior to the effective date of this chapter, or one for which a legal permit has been issued. “ICC” means the International Code Council. “Owner-builder” means owners or lessees of property who build or improve buildings or structures on their property for their own use, or for use by their immediate family. This definition shall not preempt owner-builder by exemption as defined by section 444-2.5, Hawai‘i Revised Statutes.