HomeMy WebLinkAboutBIL 084 Draft 01 2022-202414 a
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 84
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 5, ARTICLE 4, SECTION 5-4-7 AND
CHAPTER 5, ARTICLE 5, SECTIONS 5-5-4 AND 5-5-5 OF THE HAWAII COUNTY
CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO CANCELLATION OF
CONSTRUCTION CODE PERMIT APPLICATIONS, PERMIT EXPIRATIONS, AND
PERMIT EXTENSIONS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The function of the County construction code is to protect life and
safety by ensuring that construction projects are completed in alignment with the most current
construction codes adopted by the County. The purpose of this ordinance is to simplify,
standardize, and bring the timing elements for applications, extensions; and expirations of
construction code permits into alignment with the adoption of new construction code standards,
as required by State law.
SECTION 2. Chapter 5, article 4, section 5-4-7, of the Hawaii County Code 1983 (2016
Edition, as amended), is amended to read as follows:
"Section 5-4-7. [ ] Withdrawal of application.
L „ review IIi LLI+r.
Upon nefiee te applieant that their applieafien is ready for- piek up with eit
LG " GG »
,
the applieant shall have.
The thiAy Elay per4ed will begin en the wer-king day following the day that notifiea-fie..
elee4fenieally sent to the appheant.
(b) Sixty .lays to take aetion a .leFieient lieatio
ili11L LL�J�J11V u�.i vla.
if an applieant pieks up. an ap�lieafiefi designated cc »
the
applieafA shall have sixty wefldng days to take aefien on the defieieneies neted in th-e
app1' t' The E+ d periodwill begin n the working dam. f 11 the day the
.ivuvvviu� uav ...a.�j
filing,applieatien is pieked up.
(e) 180 days to obtain pefmit.
Aft applieation fer- a perfflit shall be deemed to have been eafteeled 190 days after- the date
of
unless sueh applieation has been ptffsued in goad faith or- a pei!fflit has beeests for- extension shall be filed in vffifing with the auther-ity having 7
ex4ensien request.]
(a) An applicant shall have one hundred eighty days from the date of submission to obtain a
permit.
(b) The application will be determined to be abandoned and therefore withdrawn by the
applicant if after the one hundred eight�da
(1) The applicant fails to submit, dispute, or otherwise act on errors or deficiencies noted
on the application; or
(2) The applicant fails to pay the permit fee and pick up the permit.
(c) The authority having jurisdiction may grant one or more extensions of time for additional
periods not exceeding ninety consecutive days each, either at the request of the applicant or
at the discretion of the authority having jurisdiction. Requests by the applicant for
extension shall be filed in writing with the authority having jurisdiction prior to one
hundred eighty days after the date of submission.
(d) Restarting permit application.
If a permit application is [] abandoned and therefore withdrawn, the application
process must be restarted. In order to restart an application after [its eaneel atiei ,] itis
abandoned and therefore withdrawn, the applicant shall resubmit plans with alterations to
meet [^.,,.,.ott ,.edes] provisions of this code in effect at the time of resubmittal and pay a
new plan review fee.
(e) If an application is [oaneeled,] abandoned and therefore withdrawn, plans and other data
submitted for review may thereafter be returned to the applicant or destroyed by the
authority having jurisdiction."
SECTION 3. Chapter 5, article 5, section 5-5-4, of the Hawaii County Code 1983 (2016
Edition, as amended), is amended to read as follows:
"Section 5-5-4. Expiration.
(a) [
g('fmits issued to e v finer- buil five yeafs after- the ,date of iss,,. nee of the p , mit-,
190 eenseetAive days after the date of issuanee, if the work au4hor-ized by the permit
is Rot eormmeneedby suehz'di£te; er
eanseetit'ye days at any time after thedate of o_]
All permits issued after August 17 2020 shall expire and become null and void six years
after the date of issuance of the permit.
(b) Upon expiration of a permit, all work shall cease and shall not be recommenced until a new
permit is obtained.
(c) If a hermit expires prior to work being completed, an application for a new permit shall be
submitted."
PJ-
SECTION 4. Chapter 5, article 5, section 5-5-5, of the Hawaii County Code 1983 (2016
Edition, as amended), is amended to read as follows:
"Section 5-5-5. Extension.
Lthe eVi1L1 UVLV1 of the
ownef that results in the r- abandenment of i
the authority having
may extlend 111— deadlines for onstr-tiefien. An extension of time may -be
gfarAed for- the length of time that wE)fk has been halted by stfikes of other- eauses beye
the eentr-el of the evffief or- eetAr-aetef but in no ease shall the -14—sie.. -.,eeed 180
l+onseeuti e days.
(b) Requests for- ex4eiisieii shall be filed in vffifing with the atAhar-ity having jtffisdiefien p
seven
ealendaf
J
s aftef the
eenuneneement of the delay. The vffiffen applieatien shall deser-ibe in detail the ea -Uses 0
the delay, the e ff-eet ei the pe ff:,rmanee of work, the time dur- ,• g .=t ieh owas UILUUlly
11
suspended, and the peffien or- pei4ians of the pr-ejeet aff-eeted-.
extension and theif s4sequeR4 dispesition. Said feeefds shall eei:Aain the name of the
appliear,A
leeatien of the pr-ejeet and a detailed Nwitten explanation of the reasons fe
i
gfafAing of denying the r-equest for- e3Eteiisieia.]
(a) An extension of a permit may be granted if the authorijy having jurisdiction finds that
circumstances beyond the permit holder's control have significantly impeded the progress
of the construction project that construction is substantially complete, and that an
extension is justified.
(b) Requests for permit deadline extensions shall be submitted in writing to the authority
having jurisdiction at least thirty days prior to the permit expiration date. The written
request shall include:
(1) A written statement explaining how unforeseen circumstances have affected the
progress of the construction project;
(2) Supporting documentation demonstrating a legitimate need for the extension; and
(3) The duration of time during which work was suspended, and the proposed timeline to
complete the project.
(c) Permit extensions shall not exceed one extension of one hundred eigbjY days.
(d) A permit holder whose request for a permit extension is denied may appeal the decision to
the board of appeals within thirty days of receiving notice of the denial pursuant to section
5-11-3."
SECTION 5. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 6. 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 7. This ordinance shall take effect on December 1, 2023.
Hawaii
Date of Introduction:
Date of l st Reading:
Date of 2nd Reading:
Effective Date:
REFERENOc Comm. 516
FIM.1- 971KOM�: •
C UNCIL MEMBE , COUNTY OF HAWAII
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