HomeMy WebLinkAboutCOM 0281.017 2020-2022 REBECCA VILLEGAS ' ' Phone: (808)323-4267
Council Member Fax: (808) 329-4786
District 7, Central Kona
Email:Rebeeca.villegas@hawaiicounty.gov
HAWAII COUNTY COUNCIL
County of Hawai`i
West Hawai`i Civic Center, Bldg. A
74-5044 Ane Keohokalole Hwy.
Kailua-Kona, Hawai'i 96740
DATE: July 16, 2021
TO: Maile Medeiros David, Council Chair
and Members of the Hawaii County Council
FROM: Rebecca Villegas, Council Member
SUBJECT: Proposed Amendments to Bill No. 44; an Ordinance Amending the Hawaii
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 Administration 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.
Please see below proposed amendments to Bill No. 44. These proposed amendments are
illustrated in Ramseyer format with respect to the contents of Bill No. 44; material to be
deleted is bracketed and stricken and new material is underscored. If these proposals are
adopted, draft language that would incorporate these changes into Bill No. 44 is attached.
1. In SECTION 11 of Bill No. 44 that amends Section 5-4-21, on page 63 of the bill, Subsection
(c) would be amended as follows:
"(c) Application for model plan pre-approval.
(1) To apply for pre-approval of a model plan,three sets of complete working
drawings and specifications that bear the wet seal and signature of a person who is
licensed in the State of Hawaii as an architect or professional structural engineer
shall be submitted to the authority having jurisdiction.
(2) maftuf4etttfef's seal as feqWfed by Appendix
U of V11CLpLVi JL,
the fesidentW building eade.
Comm. No
Serving the Interests of the People of Our Island Ref.To: p � �
Ilawai'l County is an Equal Opportunity Provider And Employer Ref. Date JUL Z 1 2021
{ }] A plan review fee for pre-approval model plans shall be assessed per model home
design in accordance with section 5-7-2."
2. In SECTION 1 of Bill No. 44 that amends Section 58-1-6, on page 3 of the bill, the
definition of"Building"would be amended as follows:
`"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 under no circumstance
may such structure mounted on wheels become permanent in nature and 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; 513,the residential building code; 5C, the existing
building code; 51), the electrical code; 5E, the energy conservation code; and SF, the
plumbing code; are incorporated by reference herein."
3. In SECTION 1 of Bill No. 44 that amends Paragraph 513-24(d)(4), on page 7 of the bill, the
definition of"Building"would be amended as follows:
"BUILDING. 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 under no circumstance
may such structure mounted on wheels become permanent in nature and 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 the following chapters of the Hawai'i County Code: 5A, the building code; 5B,the
residential building code; 5C,the existing building code; 51),the electrical code; 5E, the
energy conservation code; and SF, the plumbing code; are incorporated by reference herein."
4. In SECTION 2 of Bill No. 44 that amends Section 5C-1-6, on page 50 of the bill, the
definition of`Building"would be amended as follows:
`"`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 under no circumstance
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may such structure mounted on wheels become permanent in nature and 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; 513, the residential building code; 5C, the existing
building code; 51), the electrical code; 5E, the energy conservation code; and 5F,the
plumbing code; are incorporated by reference herein."
5. In SECTION 2 of Bill No. 44 that amends Paragraph 5C-2-1(d)(4), on page 53 of the bill, the
definition of"Building"would be amended as follows:
"BUILDING. Any structure used or intended for supporting any use or occupancy. The
term shall include but not be limited tog any structure mounted on wheels such as a trailer,
wagons or vehicle which is parked and stationary for any 24-hour period, and is used for
business or living purposes; provided, however, that under no circumstance maw
structure mounted on wheels become permanent in nature and 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."
6. In SECTION 1 of Bill 44 that adds Section 513-2-1, on page 5 of the bill, Subsection 5B-2-
1(a) would be amended as follows:
"(a) The "International Residential Code for One-and Two-family Dwellings, 2018
Edition," as published in 2017 by the International Code Council, Incorporated, 500
New Jersey Avenue, 6th Floor, Washington, DC 20001, is adopted by reference and
made a part of this code, subject to any amendments set forth in this chapter.
Hereinafter,the "International Residential Code for One- and Two-family Dwellings,
2018 Edition," shall be referred to as the "International Residential Code."The
appendices of the International Residential Code are not adopted unless otherwise
provided in this chapter.
(1) The following appendices of the International Residential Code are adopted by
reference and made a part of this chapter, subject to any amendments set forth in
administrative rules or this chapter:
(A) Appendix H, Patio Covers;
(B) Appendix M, Home Day Care—R3 Occupancy; and
(C) Appendix Q, Tiny [Housing] Houses.
In case of any conflict between this code and administrative rules, this code shall be
considered the controlling regulation. Further, administrative rules may not be used to
make any substantive changes to this code or the processes and procedures detailed in
these chapters.
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(2) The following appendix is added to the International Residential Code and made a part of
this chapter, subject to any amendments set forth in administrative rules or this chapter:
Appendix U, Factory-built Housing. In case of any conflict between this code and
administrative rules,this code shall be considered the controlling regulation. Further,
administrative rules may not be used to make any substantive changes to this code or the
processes and procedures detailed in these chapters."
7. In SECTION 1 of Bill 44 that adds anew Section 513-3-22,the provisions relating to U101.7,
on page 46 of the bill, would be amended as follows:
"U101.7 Inspections.
(a) Each and every factory-built housing manufactured outside of this County shall be
inspected by a governmental or inspectional agency approved by the building official in
conformance with the quality assurance standards approved by the building official and
in compliance with County of Hawaii codes and regulations. The manufacturer of the
factory-built housing shall cause the work to remain accessible and exposed for
inspection purposes in the factory by a government or inspectional agency and at the site
by the building official to ensure compliance with Article 8 of the construction
administrative code.
(b) All manufacturing work, including building, electrical, and plumbing, within this
County shall be inspected in the factory and at the site 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 both in the factory and at the site. All inspections of factory-built
housing 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.
(c) Special inspections listed under chapter 17 of the International Building; Code are
required in addition to the inspections specified in sections 5-8-1 5-8-2 5-8-3 5-8-4 5-
8-5, and 5-8-7 for factory-built housing manufactured both outside and within this
County."
Thank you for your attention to this matter.
RV/ca:lc
Att.
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ATTACHMENT
Incorporates the provisions of this floor amendment into
the affected provisions of Bill No. 44.
1. In SECTION 11 of Bill No. 44 that amends Section 5-4-21, on page 63 of the bill, Subsection
(c) would be amended to read as follows:
"(c) Application for model plan pre-approval.
(1) To apply for pre-approval of a model plan, three sets of complete working
drawings and specifications that bear the wet seal and signature of a person who is
licensed in the State of Flawai`i as an architect or professional structural engineer
shall be submitted to the authority having jurisdiction.
(2) ffiffi-ffifaewfer-'s seal as required by Appendix
Tr�T +o 5A,the building eE) 10
(3)] A plan review fee for pre-approval model plans shall be assessed per model home
design in accordance with section 5-7-2."
2. In SECTION 1 of Bill No. 44 that amends Section 513-1-6, on page 3 of the bill,the new
definition of"Building"would be amended to read as follows:
""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 under no circumstance
may such structure mounted on wheels become permanent in nature and 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; 51), the electrical code; 5E,the energy conservation code; and 5F the
plumbing code; are incorporated by reference herein."
3. In SECTION 1 of Bill No. 44 that amends Paragraph 513-24(d)(4), on page 7 of the bill,the
definition of"Building"would be amended to read as follows:
"BUILDING. [ , ineluding tewMettses,
habitation,used of intended to be used far human faf living,
sleeping eeeking of eatingpwposes, of any eambinatien 3
applicable in Chapter- 11see Seeti,,.. 14110" 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 under no
5
circumstance may such structure mounted on wheels become permanent in nature and the
term shall not include a bush 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 definition of"building"as
used in the following chapters of the I4awai'i County Code: 5A, the building code; 513the
residential building code; 5C,the existing-building code; 51),the electrical code; 5E the
energy conservation code, and 5F, the plumbing code; are incorporated by reference herein."
i
4. In SECTION 2 of Bill No. 44 that amends Section 5C-1-6, on page 50 of the bill, the
definition of"Building"would be amended to read as follows:
I
""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 businesses or living purposes; provided, however, that under no circumstance
may such structure mounted on wheels become permanent in nature and 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; 513, the residential building code; 5C the existing
building code; 51),the electrical code; 5E, the energy conservation code; and 5F the
plumbing code, are incorporated by reference herein."
5. In SECTION 2 of Bill No. 44 that amends Paragraph 5C-2-1(d)(4), on page 53 of the bill, the
definition of"Building"would be amended to read as follows:
"BUILDING. Any structure [ii ilized] used or intended for supporting [of ] 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 under no
circumstance may such structure mounted on wheels become permanent in nature and 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."
6. In SECTION 1 of Bill No. 44 that adds anew Section 513-2-1, on page 5 of the bill,
Subsection 5B-2-1(a) would be amended to read as follows:
"(a) The "International Residential Code for One-and Two-family Dwellings, 2018
Edition," as published in 2017 by the International Code Council, Incorporated 500
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i
i
I
New Jersey Avenue, 6th Floor, Washington, DC 20001, is adopted by reference and
made apart of this code subject to any amendments set forth in this chapter.
Hereinafter, the "International Residential Code for One- and Two-family Dwellings
2018 Edition," shall be referred to as the "International Residential Code " The
appendices of the International Residential Code are not adopted unless otherwise
provided in this chapter.
(1) The following appendices of the International Residential Code are adopted by
reference and made a part of this chapter, subject to any amendments set forth in
administrative rules or this chapter:
(A) Appendix H, Patio Covers;
(B) Appendix M, Home Day Care—R3 Occupancy
(C)Appendix Q, Tiny Houses.
In case of any conflict between this code and administrative rules this code shall be
considered the controlling regulation Further, administrative rules may not be used to
make any substantive changes to this code or the processes and procedures detailed in
these chapters.
(2) The following gppendix is added to the International Residential Code and made a
part of this chapter, subject to any amendments set forth in administrative rules or
this chapter: Appendix U, Factory-built Housing. In case of any conflict between
this code and administrative rules,this code shall be considered the controlling
regulation. Further, administrative rules may not be used to make any substantive
changes to this code or the processes and procedures detailed in these chapters."
7. In SECTION 1 of Bill 44 that adds anew Section 513-3-22, the provisions relating to U101.7,
on page 46 of the bill, would be amended to read as follows:
"U101.7 Inspections.
(a) Each and every factory-built housing manufactured outside of this County shall be
inspected by a governmental or inspectional agency approved 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. The manufacturer of the
factory-built housing shall cause the work to remain accessible and exposed for
inspection purposes in the factory by a government or inspectional agency and at the site
by the building official to ensure compliance with Article 8 of the construction
administrative code.
(b) All manufacturing work, including building electrical and plumbing within this
County shall be inspected in the factory and at the site 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 both in the factory and at the site. All inspections of factory-built
housing 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.
(c) Special inspections listed under chapter 17 of the International Building Code are
required in addition to the inspections specified in sections 5-8-1 5-8-2 5-8-3 5-8-4 5-
8-5, and 5-8-7 for factory-built housing manufactured both outside and within this
County."
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