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HomeMy WebLinkAboutBIL 084 Draft 02 2022-2024-(V OF 14 0. STATE OF HAWAVI BILL NO. 84 (DRAFT 2) ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS, ARTICLE 4, SECTION 5-4-7 AND CHAPTER 5, ARTICLE 5, SECTIONS 5-5-4 AND 5-5-5 OF THE HAWAFI 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 HAWAIJ: 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. [Caneellation] Withdrawal of application. JIM -W- 1-1 _ _ _ . '10 _W MIRS wo-py-g- extension request. ] a) An applicant shall have one hundred eighty days from the date of submission to obtain a pen -nit. (b) The application will be determined to be abandoned and therefore withdrawn by the applicant if after the one hundred eighty days: (1) The applicant fails to submit, dispute, or otherwise act on errors or deficiencies noted on the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. (c) The authority having jurisdiction may grant one or more extensions of time for additional periods not exceedingninety inety 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 If a permit application is [eaneele ,] abandoned and therefore withdrawn the application process must be restarted. In order to restart an application after [its ,,an yell *i&ff, ] it is abandoned and therefore withdrawn, the applicant shall resubmit plans with alterations to meet [,.,,, fent ,.odes] provisions of this code in effect at the time of resubmittal and pay a new plan review fee. (e) If an application is [] 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) [permits shall expire 190 consecutive days aftef the date of issuance, if the wofl-, authefized by the Peffflit is not eemmeneed by suehdate; of eonsecutive days of Fnefe at any time aftef the date of issua-need All permits issued after August 17, 2020, shall expire, and become null and void six gars 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 eXDires prior to work being comaleted, an application for a new hermit shall be submitted." im 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. jurtsdietien may extend the deadlines f6f eonstfuetion. An extension of time may -be granted fof the length of time that work has been halted by stfikes of other causes beye the eentf ol of the ownef of eentfaetef but in no ease shall the extension exeeed 190 eonseetttive days. (b) Requests far- extensien shall be filed in wfiting with the authority having jufisdietion pf ie to the deadlines specified in seetien 5 5 4 and within seven ealendaf days after the eommeneement of the delay. The �ATitten applieatien shall deser-ibe in detail the eaus the delay, the effeet on the peffefmanee of wefk, the time during w-hieh wofk was aettially suspended, and the poftion of poffiens of the pfejeet affected-. (e) The authority having jurisdiction shall maintain aeeufate Feeefds ef all written requests fe extension and theif subsequen4 dispesition. Said records shall contain the name of the applicant, location of the project and a detailed wfitten explanation of the reasons for granting of denying the fequest f6f extensiefid] (a) An extension of a permit may be granted if the authority 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 dayprior to the permit expiration date and an acknowledgement by the authority having jurisdiction will be sent upon receipt. 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) A decision on the request for a permit deadline extension will be sent within thiLty dqys o receipt of the request. (d) Permit extensions shall not exceed one extension of one hundred eighty days. (e) 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. Hawai'i Date of Introduction: Date of I st Reading: Date of 2nd Reading: Effective Date: `R-E Comm 516.8 REFE'PENC INTRODUCED BY: C&CINCIL EMBER, LINTY OF HAWAPI INTRODUCED BY: COUNC'Tt-MPJ\4BER, COUNTYVF HAWAPI IV M