HomeMy WebLinkAboutBIL 238 Draft 01 2020-2022AN ORDINANCE AMENDING CHAPTER 5, ARTICLE 4, SECTION 5-4-5 OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REVIEW OF APPLICATIONS FOR PERMITS AUTHORIZED BY THE
CONSTRUCTION CODE.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Chapter 5, article 4, section 5-4-5, of the Hawaiʻi County Code 1983 (2016, as amended), is amended to read as follows:
“Section 5-4-5. Review of application.
(a) The application, plans, specifications, and other data filed by an applicant for a permit shall be reviewed by the authority having jurisdiction. Plans shall also be reviewed by
other appropriate departments and divisions of the County and the State to verify compliance with laws under their jurisdiction.
(b) Nothing contained in the construction code shall be construed to require the authority having jurisdiction to accept or reject any permit application before completion of reviews
required pursuant to the construction code and other applicable laws.
(c) Notwithstanding any provision of chapter 5 to the contrary, any application for a permit under this chapter that complies with the requirements of sections 5-4-1, 5-4-2, and 5-4-3
shall be approved by the authority having jurisdiction without further review by the authority having jurisdiction of any plans and specifications prepared, designed, and stamped by
a duly licensed architect or professional engineer of the State of Hawaiʻi pursuant to section 5-4-3. In that regard, the provisions of this section which relate to the review of plans,
specifications, and other data by the authority having jurisdiction are hereby specifically superseded by the terms of this ordinance during its effective period. All plans and specifications
submitted with any application, in addition to being stamped by the duly licensed architect or professional engineer, shall include a certification signed by the duly licensed architect
or professional engineer that such plans and specifications are in conformity with the requirements of the construction code and all applicable laws. Nothing contained herein shall
preclude the authority having jurisdiction from promulgating rules and regulations establishing training criteria for duly licensed architects or professional engineers to promote the
effective implementation of this subsection, so long as such training is not stricter than that currently required of County plan review staff. This subsection shall be repealed one
hundred eighty days from its effective date, unless otherwise extended by ordinance.”
SECTION 2. New material is underscored. In printing this ordinance, the underscoring need not be included.
SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions
or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take effect upon its approval and shall be repealed one hundred eighty days after approval; provided that section 5-4-5 shall be reenacted in the form
in which it read prior to the effective date of this ordinance.
INTRODUCED BY:
________________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
_______________, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: