HomeMy WebLinkAboutCOM 0435.007 2022-2024 •
Matt Kaneali`i-Kleinfelder ; 4oJ"r of" ; Phone No.:(808)961-8263
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Hawai`i County Council • matt.kanealii-kleinfelder@hawaiicounty.gov
District 5
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HAWAII COUNTY COUNCIL
County of Hawaii ,'
Hawaii County Building
25 Aupuni Street,Suite 1405 • Hilo,Hawai`i 96720
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Lit
Date: November 6, 2023
To: Heather Kimball, Council Chair
i and Members of the Hawai`i County Council
From: �" 'Matt Kaneali`i-Kleinfelder, Council Member (44"
Re: Proposed Ordinance Amending Chapter 5, Article 4, Section 5-4-3, of the Hawai`i
County Code 1983 (2016 Edition,As Amended), Relating to Installation of
Photovoltaic Systems.
Attached for your reference are sections of ordinances for Maui County, Kaua`i County and the
City and County of Honolulu relating to the requirements of Photovoltaic Systems.
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Ref. bate 5_ 292
Hawai`i County is an Equal Opportunity Provider and Employer
2021
Comprising the Ordinances of the CITY AND COUNTY OF HONOLULU
Supplement 4, 6-2023
Ordinance No. 23-8 through Ordinance No. 23-21
June 30, 2023
PUBLISHED BY AUTHORITY
Effective
June 30, 2023
Published by:
American Legal Publishing
525 Vine Street, Suite 310
Cincinnati, Ohio 45202
800-445-5588
www.amlegal.com
MAYOR
Rick Blangiardi
COUNCIL
Radiant Cordero Val Aquino Okimoto Andria Tupola
Tyler Dos Santos-Tam Calvin Say Tommy Waters
Esther Kia`aina Augusto Tulba Matt Weyer
The Revised Ordinances of Honolulu 2021, enacted as Ordinance 22-21 (effective November 18,
2022), is the culmination of a four-year effort by the Office of Council Services, as Honolulu's Revisor
of Ordinances, and American Legal Publishing Corporation, as the publisher contracted by the Office
to assist in the recodification of the Revised Ordinances of Honolulu. The purpose of the recodification
was to more logically organize the ordinance code, delete obsolete provisions, and update and
standardize its format. The effort was begun under the leadership of my predecessor as Director of
Council Services, Charmaine T. Doran, and I would like to thank her for getting the project started. I
would also like to thank Cynthia Ramirez and Colleen Jones, as Revisors of Ordinances; Robert Mon
and Kathy Kam as Revisor Staff; my Deputy, Warren J. Senda, for his leadership over the effort; and
the other members of the Revision Committee, Lori M. Hiraoka and Alden Lum, for their valuable input
on the recodification. Thanks also to my entire staff for their diligent proofreading and, of course, to the
staff of American Legal Publishing Corporation for their professional, timely, and consistent effort on
this project in the midst of a global pandemic.
This four-volume set contains ordinances of a general and permanent nature enacted from time to
time and those other ordinances that we consider desirable for retention.
The Revised Ordinances of Honolulu 2021 constitutes the sixth revision and recodification of the
general ordinances of the City and County of Honolulu since the adoption of the Charter of the City
and County of Honolulu 1959. It includes all ordinances of a general and permanent nature previously
established in the fifth revision (ROH 1990), as supplemented through Supplement#31 (published in
March 2020 and covering ordinances passed through June 30, 2019), and ordinances passed through
October 31, 2020.
Unlike the previous Revisions, organized by "chapters," the ROH 2O21 is organized into nine broad
"titles" - "Administration," "Taxation and Finance," "Miscellaneous Regulations," "Traffic and Vehicles,"
"Building and Construction Codes," "Land Use," "Business," "Property," and "Public Health, Safety,
and Sanitation." In order to place related chapters together within the new "titles," a number of
chapters have been moved from their traditional locations. We have tried to retain in their traditional
locations certain key chapters, particularly those for which signage is an important component of
enforcement (and renumbering would have necessitated expensive new signage); these include
Chapters 8 ("Real Property Taxation"), 10 ("Public Parks and Recreation Facilities"), 15 ("Traffic
Code"), 16 ("Building Code"), 21 ("Land Use Ordinance"), 22 ("Subdivision of Land"), and 24
("Development Plans").
A new appendix was added to Chapter 21, the Land Use Ordinance, as Appendix 21-I, to list
Transit-Oriented Development Resolutions.
In parentheses following the text of each section is a legislative history note identifying the specific
sources for the provisions of that section. This legislative history is complemented by a Prior Code
Cross-Reference Table and an Ordinance Disposition Table, following the text of the code. The Prior
Code Cross-Reference Table lists all sections of ROH 1990 through Ordinance 20-35, any legislative
history information appearing in those volumes and supplements, and the disposition (redesignation)
of the sections in this edition. The Ordinance List and Disposition Table lists by number all ordinances
enacted since Ordinance 87-97 (October 1987), their subjects, and where they appear in the
codification applicable at the time of their enactment.
Footnote references to applicable statutory provisions are located throughout the text. A subject-
matter index provides for location of specific provisions by individual section numbers.
The Revised Charter of Honolulu (Amended 2017 Edition), as amended, is available in an online
version prepared by the Department of the Corporation Counsel as the Revisor of the Charter.
The Revised Ordinances of Honolulu 2021 is being supplemented by American Legal Publishing.
The current supplement contains ordinances through Ordinance 23-21.
James S. Williston,
Director of Council Services
Rm. 207 Honolulu Hale
530 S. King St.
£1896 IH `nlnlouoH
§ 18-4.2 Plans, specifications, and other data.
(a) With each application for a building permit, three sets of plans, specifications, calculations,
construction inspection requirements, and other data shall be submitted. One set of plans shall
be submitted to and left with the State department of health. Construction inspection
requirements are as defined in § 18-4.6.
Exception: the building official may waive the submission of plans, specifications, calculations,
construction inspection requirements, etc., if the building official finds that the nature of the work
applied for is such that reviewing of plans is not necessary to obtain compliance with this code.
(b) No plans or specifications are required for repair or replacement work, unless requested by
the building official.
(c) Plans for single- or two-family dwellings are not required to show plumbing piping plans or
diagrams unless requested by the building official.
(d) All plans and specifications relating to work that affects the public safety or health and for
which a building permit is required shall be prepared by or under the supervision of a duly
licensed professional engineer or architect as required by HRS Chapter 464.
(e) All plans for retaining walls 5 feet or more in height shall be prepared, designed, or
approved by a duly licensed architect or engineer in the structural or civil branches.
(f) Electrical plans and specifications shall bear the approval of either a duly licensed electrical
engineer, or a duly licensed architect or engineer qualified in such work by experience; provided
that if the demand load of the proposed installation is less than 30 kilovolt-amperes, the
approval of an engineer or architect shall be required only if the building official so directs.
(Sec. 18-4.2, R.O. 1978 (1983 Ed.)) (1990 Code, Ch. 18, Art. 4, § 18-4.2) (Am. Ords. 93-59, 96-50)
§ 18-4.3 Information on plans and specifications.
(a) Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall
be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail
that it will conform to this code and all relevant laws, ordinances, and rules. The first sheet of
each set of plans shall give the house and street address of the work and the name and
address of the owner and person who prepared them. Plans shall include a plot plan showing
the location of the proposed building and of every existing building on the property. In lieu of
detailed specifications, the building official may approve references on the plans to a specific
section or part of this code or other ordinances or laws.
(b) For projects that include construction of driveways in public street rights-of-way, plans shall
show the entire lot and improvements thereon, the location of the new and existing driveways,
street trees, utility poles, fire hydrants, catch basins, parking stalls, and any other features in
the sidewalk area that may affect the construction or use of the driveway, or both. For
reconstruction of a driveway, the applicant may submit a sketch with dimensions showing the
location of the driveway.
(c) Where the building permit application is for the erection, construction, enlargement,
alteration, movement, improvement, or conversion of any building or structure, the building
official shall also require, on behalf of the real property tax assessment division, department of
budget and fiscal services, a plot plan with a sketch of the proposed building, to be submitted
on such forms as shall be prescribed by the department of budget and fiscal services and shall
be prepared and certified to by the applicant. In lieu of the sketch, an additional set of plans
may be submitted. The completed forms or plans shall be submitted to the building official for
transmittal to the department of budget and fiscal services, real property tax assessment
division.
(Sec. 18-4.3, R.O. 1978 (1983 Ed.)) (1990 Code, Ch. 18, Art. 4, § 18-4.3) (Am. Ords. 88-20, 93-59)
§ 18-5.10 Expedited permit processing for clean energy projects.
(a) As used in this section, "clean energy project" means:
(1) A solar photovoltaic system, an energy storage system, or an integrated system
containing both a solar photovoltaic system and an energy storage system that:
(A) Generates 20 kW of new renewable electricity or less;
(B) Supplies electricity to the project site under any utility tariff or program;
(C) Is certified by UL or another nationally recognized testing laboratory, or is
comprised of certified components, and installed according to manufacturer
specifications;
(D) Is roof-mounted on a building at the project site;
(E) Has a battery system with less than 50 gallons of electrolyte capacity, or
1,000 lbs. for lithium-ion and lithium metal polymer; and
(F) Is independent of required emergency and standby power systems required
by this code;
(2) A solar thermal or solar electric hot water heater that:
(A) Has a water tank capacity of 120 gallons or less for a single tank system or
240 gallons or less for a double tank system;
(B) Provides heated water for use on the project site;
(C) Is certified by UL or another nationally recognized testing laboratory, and
installed according to manufacturer specifications; and
(D) Is structure-mounted on a building at the project site; or
(3) An electric vehicle charging station that:
(A) Is an AC Level 1 (120 volt) or AC Level 2 (240 volt) device, or a DC fast-
charging system;
(B) Is certified by UL or another nationally recognized testing laboratory, and
installed according to manufacturer specifications; and
(C) Is dedicated for use on site by one or more residents of the project site.
(b) In reviewing and issuing permits for clean energy projects, the building official shall:
(1) Establish an internet-based permitting process by which all permits required for the
operation of a clean energy project are approved or denied within 14 calendar days after
the submission of a complete application; provided that approval or denial of permit
applications must be made within seven calendar days after submittal of required
corrections; subject to the following exceptions and requirements.
(A) Exceptions to the maximum time limits to approve or deny a permit
application are as follows:
(i) For clean energy projects that cost in excess $50,000, the project must
be approved or denied within 28 calendar days after the submission of a
complete application; provided that approval or denial of the permit
application must be made within 14 calendar days after submittal of
required corrections;
(ii) Maximum time limits for approval or denial of a permit application do
not apply if the plans are withdrawn by the applicant prior to completion of
plan review, in which case the timeline will restart when the plans are
resubmitted;
(iii) Where the applicant fails to obtain required discretionary permits or
approvals; or
(iv) Where the applicant fails to submit a complete application, including
failure to remit payment of all required fees.
(B) If a map is required as a means to determine where the clean energy project
will be installed, aerial or satellite photographs will be deemed sufficient if the
photographs reasonably show where the installation is occurring on the property;
provided that longitude and latitude coordinates must be provided in addition to
the aerial or satellite photographs and property lines.
(C) Floor plans and elevations are required for plan review, and must show the
working clearances required by the electrical code and the utility provider.
Elevations must show the required mounting heights of the equipment and the
maximum overall height of the installation as required under Chapter 21 and
Chapter 21A.
(D) Industry-accepted standardized load calculations are sufficient.
(E) If plans are required, the plans must comply with § 18-4.3, but are not
required to provide details for adjacent units unrelated to the clean energy project.
(F) If the clean energy project includes multiple meters grouped in one readily
accessible central location, the installation must include the following:
(i) A rapid shutdown mechanism that complies with this code;
(ii) Permanent labels that comply with this code, and include a simple
diagram of a building with a roof that shows:
(aa) The location of the photovoltaic panels;
(bb) The location of the batteries; and
(cc) The location of the meter.
The property owner and the contractor shall update the permanent labels
as needed to reflect the current location of system elements, and maintain
the permanent labels so they are legible at all times; and
(iii) An as-built wiring diagram of the photovoltaic system that is provided
to the system owner or the occupant of the unit the system serves.
(G) A clean energy project permit application does not require submission of an
approved materials and methods exemption; provided that a manufacturer
specification sheet, installation and operations manual, and UL or other national
testing laboratory certification may be required for new equipment not previously
reviewed.
(2) Provide a confirmed inspection date within two working days after receipt of the
inspection request. Applicants may submit inspection requests through electronic mail or
a public online process. Inspection requests must be made by a duly licensed electrician
or duly licensed plumber, as applicable, attesting by affidavit to performing or directly
supervising the work in compliance with this code and state laws.
(3) The building official shall close an issued permit within seven days after the
scheduled final inspection of the project if no code deficiencies or violations are
discovered.
(c) If the building official fails to meet any of the maximum time limits to approve or deny a
permit application, the permit application will be deemed approved; provided that:
(1) The building official is notified in writing by the project owner, or an agent of the
project owner, that the owner or agent requests issuance of the permit, and is prepared
to pay any required fees;
(2) The building official is notified in writing by the duly licensed electrician or duly
licensed plumber, as applicable, who installed the subject system that the building official
failed to process the permit application in a timely manner, and the duly licensed
electrician or duly licensed plumber, as applicable, provides the building official with a
declaration certifying that the installation of the clean energy project complies with this
code and state laws; and
(3) The declaration is supported by an affidavit with statement, seal, and signature of a
duly licensed electrical engineer or duly licensed plumber, as applicable, and an architect
or structural engineer.
(d) The licensed design professional providing an affidavit pursuant to subsection (c)(3) must
possess commercial general liability insurance with minimum coverage of$1,000,000 per
event.
(e) If the notice, declaration, and affidavit requirements of subsection (c) are satisfied, the
building official shall close the permit application. The validity of the permit will be in accordance
with § 18-5.3.
(Added by Ord. 20-44)
County of Maui
DEPARTMENT OF PUBLIC WORKS
Departmental Policies and Procedures
Subject: PERMIT REQUIREMENTS FOR PHOTOVOLTAIC SYSTEMS, Procedure No.
WIND TURBINES AND WINDMILLS DSA 18.0
Effective Date: Supersedes Procedure No./Date: Approval Date: Page:
1-1-2010 not applicable 12-09-2009 1 of 3
Purpose
This Policy is to clarify the permitting requirements for Photovoltaic Systems, Wind
Turbines, Windmills and similar energy-producing appurtenances.
II. Policy
Energy-producing appurtenances shall comply with electrical and building codes.
III. Procedure (for Photovoltaic Systems installed on Roofs of Buildings)
A. An electrical permit is required for the photovoltaic system. An electrical
contractors C-13 license is required to obtain the electrical permit.
B. The application for an electrical permit must include a letter and related forms
from an architect or structural engineer licensed in the State of Hawaii verifying
that the roof assembly is structurally adequate to support the photovoltaic
system to be installed, including the module mounting system. Schematic
diagrams showing the photovoltaic system connections, equipment locations and
configuration and ratings are also required to be submitted with the electrical
permit application. Schematic diagrams for systems rated 30 kilowatts or more
are required to be prepared, stamped and signed by a State of Hawaii licensed
electrical engineer.
C. A building permit will not be required for photovoltaic systems if the roof truss
system can support the added weight as verified by the licensed architect or
structural engineer. If additional structural reinforcing is required to support the
system, a building permit will be required.
D. The electrical contractor shall be responsible for the design and installation of the
photovoltaic system. Acceptable industry standards shall be utilized by the
electrical contractor.
E. if the licensed architect or structural engineer determines that the existing roof is
unable to support the photovoltaic system, then a building permit will be required
to strengthen the roof structure prior to the issuance of the electrical permit.
Plans submitted for a building permit are required to be stamped by an architect
or structural engineer licensed the State of Hawaii.
F. A photovoltaic system is allowed to be installed on a building exempt from a
building permit. MCC, 16.26.106.2 exemption 1 & 16; however photovoltaic
systems will not be allowed on structures that were illegally constructed without
a required building permit.
County of Maui
DEPARTMENT OF PUBLIC WORKS
Departmental Policies and Procedures
Subject: PERMIT REQUIREMENTS FOR PHOTOVOLTAIC SYSTEMS, Procedure No.
WIND TURBINES AND WINDMILLS DSA 18.0
Effective Date: Supersedes Procedure No./Date: Approval Date: Page:
1-1-2010 not applicable 12-09-2009 2 of 3
IV. Procedure (for Free Standing Photovoltaic Systems)
A. A building permit and an electrical permit are required for a free standing
photovoltaic system.
B. Plans submitted for building permit shall include a site plan, foundation plan,
elevations, framing plans and structural details, and module mounting details. All
plans are required to be scaled and detailed.
C. Plans shall be stamped by an architect or structural engineer licensed in the State
of Hawaii.
D. A C-13 licensed electrical contractor is required to apply for the electrical permit.
The electrical contractor is required to submit a schematic diagram showing the
photovoltaic system connections, equipment configuration and ratings with the
electrical permit application. Schematic diagrams for systems rated 30 kilowatts
or more are required to be prepared, stamped and signed by a State of Hawaii
licensed electrical engineer.
V. Procedure (for Wind Turbines and Windmills Installed on Buildings)
A. A building permit and an electrical permit are required for wind turbines mounted
on buildings.
B. Plans submitted for building permit shall include a site plan, floor plan, elevations,
cross section, framing plans and structural details, mounting details, and
manufactures specifications. All plans are required to be scaled and detailed.
C. Plans submitted for a building permit shall be stamped by an architect or
structural engineer licensed in the State of Hawaii.
D. Plans submitted for an electrical permit shall include a site plan, floor/roof plans,
electrical schematic diagrams and details showing the electrical equipment
locations, ratings and connections. Drawings for systems rated 30 kilovolt
amperes (KVA) or more are required to be prepared, stamped and signed by a
State of Hawaii licensed electrical engineer.
Vi. Procedure (for Free Standing Ground Mounted Wind Turbines and Windmills)
A. A building permit and an electrical permit are required for free standing ground
mounted wind turbines.
B. Plans submitted for building permit shall include a site plan, foundation plan,
elevation, structural details, mounting details, and manufactures specifications.
All plans are required to be scaled and detailed.
County of Maui
DEPARTMENT OF PUBLIC WORKS
Departmental Policies and Procedures
Subject: PERMIT REQUIREMENTS FOR PHOTOVOLTAIC SYSTEMS, Procedure No.
WIND TURBINES AND WINDMILLS DSA 18.0
Effective Date: Supersedes Procedure No./Date: Approval Date: Page:
1-1-2010 not applicable 12-09-2009 3 of 3
VI. Procedure (for Free Standing Ground Mounted Wind Turbines and Windmills)
C. Plans submitted for a building permit shall be stamped by an architect or
structural engineer licensed in the State of Hawaii.
D. Plans submitted for an electrical permit shall include a site plan and electrical
schematic diagrams and details showing the electrical equipment locations,
ratings and connections. Drawings for systems rated 30 kilovolt amperes (KVA)
or more are required to be prepared, stamped and signed by a State of Hawaii
licensed electrical engineer.
VII. Responsibility
It is the responsibility of the Development Services Administration to implement this
policy and these procedures.
VIII. Scope
These procedures apply to Development Services Administration employees who are
involved in the administration and enforcement of the electrical and building codes.
Director of Public Works
P:IDIVISION\POLICY\DSA f118.Permit Requirements for Photovoltaic Systems,Wind Turbines and Windmills.wpd December 2, 2009
§ 13-2.1 Duties of the Administrative Authority.
The administrative authority shall maintain public office hours necessary to efficiently administer the provisions of this
Code and amendments thereto and shall perform the following duties:
(a) Require submission of,examine and check plans and specifications,drawings,description,and/or diagrams necessary
to show clearly the character,kind and extent of work covered by applications for a permit and upon approval thereof
shall issue a permit applied for.
(b) Administer and enforce the provisions of this Code in a manner consistent with the intent thereof and shall inspect all
equipment and electrical work authorized by any permit to assure compliance with provisions of this Code or
amendments thereto approving or condemning said work or in part as conditions require.
(c) Issue upon request a certificate of occupancy and/or a certificate of inspection for any work approved by him or her.
(d) Condemn and reject all work done or being done or materials used or being used which do not in all respects comply
with the provisions of this Code and amendments thereto.
(e) Order changes in equipments and/or materials essential to obtain compliance with all provisions of this Code.
(f) Investigate any installation or work regulated by this Code and issue such notices and orders as required.
(g) Keep a complete record of all essential transactions of his or her office.
(Ord.No.858,November 20,2007)
§ 13-2.2 To Whom Permits May Be Issued.
An electrical permit is required to perform work covered by this Code and will be issued only to:
(a) An electrical contractor holding a valid unexpired license under Chapter 444,HRS,and who can present evidence that
the contractor is also licensed under Chapter 448E, HRS, or the contractor has under employment an electrician
complying with the provisions of Chapter 448E,HRS.
(b) A firm,partnership,association or corporation other than an electrical contractor complying with the provisions set
forth in Chapter 444,HRS,that has under their employment a supervising electrician holding a valid unexpired license,
complying with provisions set forth in Chapter 448E;HRS.
(c) Federal, State and County governments,with the agencies having under their employment a licensed supervising
electrician complying with provisions set forth in Chapter 448E,HRS.
(d) A homeowner who performs electrical work on his or her own single-family dwelling;provided such homeowner is
holding a valid unexpired license under Chapter 448E,HRS.
(e) A person, firm, partnership, association or corporation holding a valid unexpired license under Chapter 444,
authorized to perform the specialty work under the classification of the license,that can present evidence that they
are also licensed under Chapter 448E, HRS, or have under their employment an electrician complying with the
provisions of Chapter 448E,HRS.
This does not preclude the homeowner who is licensed under Chapter 448E,HRS,to do electrical maintenance work for
buildings he or she owns.
(Ord.No.858,November 20,2007)
§ 13-2.3 Application for an Issuance of Permit.
(a) Permit Required.No person,firm,partnership,association or corporation shall erect,construct,enlarge,repair,move,
improve,remove,alter or convert any building or structure in the County of Kauai which requires electrical work or
cause the same to be done,without first obtaining a separate electrical permit for such building or structure from the
administrative authority.
Exception:Work performed for any Federal or State agency,except where permits are specifically requested by said
agency.
(b) Application.Any person legally entitled to apply for and receive a permit shall make an application on forms provided
for that purpose. He or she shall give a description of the character of the work to be done and the location,
ownership, occupancy and use of the premises in connection therewith.The administrative authority may require
plans,specifications or drawings and such other information as he or she may deem necessary.
Exception:Persons legally entitled to apply for and receive a permit may authorize representatives to undertake the
management of applying and receiving a permit.Duly authorized representatives shall be authorized in writing by the
person granting authorization.
(c) Plans Required.Applications for electrical permits for any commercial,industrial or public building,hotel,apartment
building or any single-family dwelling shall be accompanied by a minimum of three(3)sets of drawings for approval of
the administrative authority.One(1)set shall be retained by the administrative authority,one(i)set returned to the
applicant for their file records and the final set returned to the applicant which shall be kept on such building or
jobsite at all times during which the work authorized thereby is in progress.The administrative authority may waive
the requirement for submission of drawings when he or she deems it unnecessary.
All electrical work shall be designed by a licensed electrical engineer registered in Hawai'i when the total load exceeds
forty(4o)K.V.A.for private residences and thirty-five(35)K.V.A.for all other buildings or structures.
(d) Issuance. If the administrative authority determines that the plans, specifications, drawings, descriptions or
information furnished by the applicant is in compliance with this Code,he or she shall issue the permit applied for
upon payment of the required fee as hereinafter fixed.Payment for any permit fee shall be paid prior to the issuance
of such permit.
(e) Payment of Fees.A permit shall not be valid until the fees prescribed by law have been paid,nor shall an amendment
to a permit be released until the additional fees,if any,have been paid.
(i) Exception.
(A) County of Kauai and its agencies and contractors shall be exempt from the requirement to pay any fee,
except for the Department of Water.
(B) Housing projects or portions of housing projects that are developed to be affordable to lowincome
households as determined by the Housing Director or his/her authorized representative of the County
Housing Agency shall be exempt provided such projects conform to applicable provisions of the County's
affordable housing program.
(C) Housing projects or portions of housing projects that are developed to be affordable to gapgroup
households as determined by the Housing Director or his/her authorized representative of the County
Housing Agency shall be exempt from one-half(i/z)of the electrical permit fee,rounded off to the nearest
dollar,provided such projects conform to applicable provisions of the County's affordable housing program.
(2) A fee of ten dollars($1o.00)shall be imposed and collected for the reproduction of any electrical permit card,for
which a permit was issued by the administrative authority.
(f) Validity. The issuance or granting of a permit or approval of plans, specifications and computations shall not be
construed to be a permit for,or an approval of,any violation of any of the provisions of this Code or of any other
ordinance of the jurisdiction.No permit presuming to give authority to violate or cancel the provisions of this Code
shall be valid.
The issuance of a permit based upon plans,specifications and other data shall not prevent the administrative authority
from thereafter requiring the correction of errors in said plans,specifications and other data,or from preventing
electrical work being carried on thereunder when in violation of this Code or of any other ordinances of this
jurisdiction.
(g) Performance.A licensed electrician holding a valid license complying to the provisions set forth in Chapter 448E,HRS,
shall be at the site at all times during any performance,direction or supervision of any electrical work authorized by a
permit, as provided for in said Chapter and administrative rules promulgated thereunder. The enforcement for
compliance of Chapter 448E and the administrative rules shall be the responsibility of the State of Hawaii.
(h) Expiration.
(1) Every permit issued by the administrative authority under the provisions of this Code shall expire by limitation
and become null and void if the work authorized by such permit is not commenced within one hundred eighty
(18o)days from the date of such permit or if the construction or work authorized by such permit is suspended or
abandoned at any time after the work is commenced for a period of one hundred eighty(18o)days;providing
further,that a permit issued for work on a project having a valid building permit shall remain valid and expire only
when such building permit expires.
(2) When a permit expires,been suspended or abandoned,a new permit shall be first obtained by the permittee,his
or her agent,or his/her successor in interest,and a new permit fee equal to one-half(1/2)the amount required
for a new permit rounded off to the nearest dollar shall be paid,provided no changes have been made or will be
made to the original plans and specifications for such work;and provided,further,that such permit has not
exceeded a period one(1)year from the date of permit issuance or the date of suspension or abandonment of
work authorized,whichever is later.
(3) Any permittee,his or her agent or his/her successor in interest holding an unexpired permit,who is unable to
commence work, may apply for an extension. Upon written request by the permittee, the administrative
authority may,in writing,extend the permit for a period of one hundred eighty(180)days;however,in the event
of strikes or other causes beyond the control of the electrical contractor or permittee, the administrative
authority may extent the permit for the duration of the event.No permit shall be extended more than once.
(4) For electrical permits issued prior to July 1,1984,the administrative authority shall not activate and reissue a
permit.If a permittee,his or her agent,or his/her successor in interest,desires to have the permitted electrical
work certified as done in compliance with all County of Kauai or State of Hawai9 laws,codes and ordinances at
the time the original permit was issued,and the electrical work does not violate any laws,codes and ordinances,
he or she may hire a duly registered professional licensed electrical engineer or architect as required by Chapter
464 Hawaii Revised Statutes as amended,to provide such certification.
(5) The administrative authority may activate and reissue an expired permit for the purpose of continuing the work
on an incompleted building or to secure all inspections required by this Code.All work that was started on an
expired electrical permit and completed according to the approved building plans prior to the reissuance of such
permit shall remain valid under the Electrical Code it was issued.Any new work shall conform to the current
Electrical Code.The administrative authority may require the submission of building plans.
(6) When an electrical permit is activated or reissued,a permit fee therefor shall be required as provided in this
Section.
(i) Suspension and Revocation.The administrative authority may,in writing,suspend or revoke a permit issued under
provisions of this Code whenever the permit is issued in error or on the basis of incorrect information supplied,or in
violation of any ordinance or regulation or any of the provisions of this Code.
(j) Transferability of Electrical Permit.Any assignment and/or transfer of any substantial interest in any electrical permit
shall be subject to the approval and consent of the administrative authority.Such approval and consent shall not be
unreasonably withheld provided that the assignee and/or transferee agrees in writing to the following
(i) To comply with the plans and specifications upon which the electrical permit was issued in the absence of any
subsequent amendments to any applicable existing laws and ordinances as indicated in Paragraph (2) of this
Subsection;or
(2) To comply with the terms and provisions of any subsequent amendments to the Building Code,Electrical Code,as
well as all relevant laws, ordinances, and rules and regulations which would affect either the development's
height,floor area,lot coverage,fire safety and/or land use.
(3) The stricter requirements prescribed in Paragraph (2) of this Subsection shall not be applicable in situations
where the permit holder can offer documented evidence to the Department of Public Works that he or she has
made,in good faith,a substantial and material change in position in reliance upon the issuance of the electrical
permit.
Upon approval by the administrative authority,he or she shall issue a transferability permit and receive payment of the
required non-refundable fee as hereinafter fixed.
(k) Refund of Fees.
CO The administrative authority shall refund an amount equal to fifty percent(50%)of the permit fee paid under the
provisions of this Code where a permittee,due to a material change in circumstance or financial difficulties,is
unable to commence work authorized by the permit issued therefor;provided that written application for refund
shall be made on forms furnished by the administrative authority, not later than fifteen (15) days after the
expiration date.
(A) Notwithstanding the foregoing provisions,no refund shall be made in any case where a new permit has been
obtained under the provisions of this Subsection,for the purpose of recommencing the same work, or
where the amount to be refunded is less than fifteen dollars($15.00).
(B) All permits upon which refunds have been made in accordance with the foregoing provisions shall thereafter
be null and void.
(2) Where more than one (1) permit has been erroneously issued by the administrative authority for the same
construction work,the administrative authority shall approve one(1)permit and refund the total amount of fees
paid less the permit issuing fee for the other permits upon the surrender thereof;provided that no refund shall
be made on any permit which has been surrendered after one hundred eighty (18o) days from the date of
issuance of such permit,or where the amount to be refunded is less than fifteen dollars($15.00).
(Ord.No.858,November 20,2007;Ord.No.1039,October 2,2018)
§ 13-2.4 Schedule of Permit Fees.
Schedule of Fees
Application Fee for Issuing Each Permit $15.00
In addition(a separate permit issued for each service equipment installed):
Service Installations(Singleand Three-Phase)for Required Size of Service Equipment I I
Not over 100 amperes(including meter loop): $io.00
Over ioo but not over zoo amperes(including meter loop): $tt oo
Over zoo but not over 40o amperes(including meter loop): $12.00
Over 40o but not over 600 amperes(including meter loop): 1 $14.00
Over 600 but not over 800 amperes(including meter loop): $18.00
Over 80o but not over i000 amperes(including meter loop): $zz.00
Over moo but not over moo amperes(including meter loop): } $26.00 Nt
Over 1200 amperes: $29.00
For each feeder conductor. ! $7.0o
Schedule of Fees
Wiring Circuits in or About Buildings t
For each branch circuit including spare circuits: $7.00 I
High Potential Gas Tube Lighting and Signs
For each erection,construction,enlargement,relocation,improvement,alteration,conversion,as- i $12.00
sembly,reassembly or installation of any illuminated sign,decorative outline tubing,gas or fluores- f
cent lighting and flasher in connection with a sign: I k
Temporary Lights '
a
f Not over 5o lamps: ; $io.00
Over 5o and not over ioo lamps: f $14.00 14
r
Each succeeding too or fraction thereof: $7.00
Decorative lighting and footlights,borders and strips in theaters,where too or less sockets are ; $tz.00
installed: l
Additional 5o sockets or fraction thereof: i $7.0o
Portable Electric Signs
A portable electric sign shall mean a small advertising contrivance operated with electricity and used in interior of i
buildings only,which is capable of being moved or removed at will without damaging or altering the structure or finish fj
at or adjacent to the location thereof,and which is not attached or fastened in place by nails,screws,bolts,conductors,
wiring enclosures,or in any manner,except approved temporary fastenings.No fee shall be required for such portable j
electric signs when the outlet and circuit to which it is attached has been installed under a permit and the required fee E
paid for.
Transformers and Generators(Fixed) '
h
Not more than 5 INA: $to oo
Over 5 INA but not over is INA: $18.0o I
t Over t5 INA but not over 5o KVA: $36 oo k
Over 5o KVA but not over too KVA: $48.00 rt
..._ ._.
Over too KVA: t $60.o0
Temporary Electrical Power for Construction
rt-
All service for temporary electrical power shall require a separate permit,inspection and approval i $20.0o d
prior to service connection.A temporary power pole shall be equipped with a singleor three-phase
service and a maximum of two branch circuits:
Reinspection of temporary electrical power pole equipment when moved from one location to $20.00 s
another: ,
e
Motors(Fixed)
Not over i HP: $6.00
Overt HP but not over 3 HP: $7.00.._._
Over 3 HP but not over to HP: $to.00
a
Over to HP but not over 25 HP: I $14.00 r
1
Over 25 HP but not over 5o HP: $18.00 r
Over 5o HP but not over too HP: $28.00
Over too HP but not over t5o HP: !1. $36.00 {
Over.5o HP but not over zoo HP: $48.00 C
Over 200 HP: $60.0o j
No fee shall be required for moving any temporary construction motor from one place to another when such tempo-
rary motors are attached to outlets or circuits for which a permit has been issued and the permit fee therefor has been
once paid.
A
Miscellaneous
For only the installation of conduits and raceways within a building,for each Soo square feet of $20.00 s
floor area or any fraction thereof: is
For the installation of underground conduits and raceways outside a building,the first 5o feet of $20.00
conduit and raceway:
For each additional foot of underground conduits and raceways thereof: - $t.00
For carnivals,circuses,farm fairs,religious activities,outdoor plays at parks,sporting events,rallies $60.00
etc.all inclusive a flat rate: :
:
For any transferability of electrical permit as herein provided,a transfer fee is required: $50.00
Repairs,Alterations,Additions
Permit fees for additions,alterations,or repairs of existing work shall be the same as for new work.
Schedule of Fees
Permit fees for additions,alterations,repairs,installation or for work which a permit is required but $20.00
• for which no fee is herein provided:
Reinspection Fees
Reinspection fees assessed under provision of Section 13-2.11: { $50.00
(Ord.No.858,November 20,2007)
§ 13-2.5 Posting of Electrical Permit.
Work requiring a permit shall not commence until the electrical permit card is conspicuously posted on the building or
structure where the work is to be done to allow the administrative authority to conveniently make the required entries
regarding inspection of the work.The electrical permit card shall be posted,maintained and made available by the permit
holder until final inspection has been completed by the administrative authority.
(Ord.No.858,November 20,2007)
§ 13-2.6 Relocation of Buildings and Structures.
All buildings and structures moved or relocated on any land within the County shall comply with all requirements of this
Code for new buildings.A separate electrical permit shall be obtained from the administrative authority for such building
or structure.
A fee for each electrical permit shall be paid to the administrative authority as provided in Section 13-2.4.
(Ord.No.858,November 20,2007)
§ 13-2.7 Factory Built Housing and Structure.
(a) No person shall install or relocate any factory built housing structure or trailer home on any land within the County of
Kauai which requires electrical work or cause the same to be done,without first obtaining a separate electrical permit
or such building or structure from the administrative authority.
(b) All such work shall comply to all requirements set forth in this Code,and any material,method of construction or
work not specifically prescribed by this Code may be authorized by the administrative authority.
(c) The administrative authority may approve any such work, provided he or she finds that the proposed design is
satisfactory and complies with the provisions of this Code and that the materials,method or work offered is,for the
purpose intended, at least the equivalent of that prescribed in this Code in suitability, strength, effectiveness,
durability,safety and sanitation. •
(d) A fee for each electrical permit shall be paid to the administrative authority as provided in Section 13-2.4.
(Ord.No.858,November 20,2007)
§ 13-2.8 Defective Electrical Installations.
(a) Any portion of an electrical system found by the administrative authority to be unsafe shall be so declared and made
safe.
(b) Whenever brought to the attention of the department having jurisdiction that any unsafe condition exists or that any
installation or work regulated by this Code is dangerous and unsafe investigation by the administrative authority who,
upon determining such information to be fact,shall order any person,firm or corporation using or maintaining any
such condition or responsible for the use or maintenance thereof to discontinue the use or maintenance thereof until
made safe.
Every such order shall be in writing,addressed to the owner,agent or person responsible for the premises in which
such condition exists and shall specify the date or time for compliance with such order.
(c) Refusal,failure or neglect to comply with any such notice or order shall be considered a violation of this Code.
(d) When any electrical system is maintained in violation of this Code or where a nuisance exists in any building or on a lot
on which a building is situated,the administrative authority shall institute any appropriate action or proceeding in any
court of competent jurisdiction to prevent,restrain,correct,or abate the violation or nuisance.
(Ord.No.858,November 20,2007)
§ 13-2.9 Right-of-Entry.
Upon presentation of proper credentials,the administrative authority or his/her duly authorized representatives may enter
at reasonable times any building structure or premises in the County of Kauai to perform any duty imposed upon him or
her by this Code,provided that if such building or premises be occupied,he or she shall first present proper credentials
and demand entry;and if such building or premises be unoccupied,he or she shall first make a reasonable effort to locate
the owner or other persons having charge or control of the building or premises and demand entry. If such entry is
refused,the administrative authority or his/her assistants shall have recourse to every remedy provided by law to secure
entry.
(Ord.No.858,November 20,2007)
§ 13-2.10 Violation and Penalties.
(a) General.It shall be unlawful for any person,firm,or corporation to install,alter,repair,remove,replace or maintain
any electrical work or any fixture,or cause the same to be done,contrary to or in violation of any of the provisions of
this Code.
(b) Notice of Violation.Whenever any person,firm or corporation violates any provision of this Code,the administrative
authority shall serve a notice of violation to the party responsible for the violation to make the building or structure or
portion thereof comply with the requirements of this Code.Such notice of violation shall include:
(1) The date of the notice;
(2) The name and address of the person noticed,and the location of the violation;
(3) The section number of the ordinance,code or rule which has been violated;
(4) The nature of the violation;and
(5) The deadline for compliance with the notice.
(c) Any person,firm or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor,
and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during
which any violation of any of the provisions of this Code is committed,continued,or permitted,and upon conviction
of any such violation such person shall be punishable by a fine of not more than two thousand dollars($2,000.00)or
by imprisonment for not more than one(i)year,or by both such fine and imprisonment.
It shall be the duty of each and every person,firm or corporation as defined herein to prevent any and all violations of
this Code and upon the occurrence of any violation,each and every person,firm or corporation,shall be deemed
guilty of a misdemeanor as set out herein.
(d) Whenever any work for which a permit is required by this Code has been commenced without first obtaining said
permit,a special investigation shall be made before a permit may be issued for such work.
(i) An investigation fee,in addition to the permit fee,shall be collected whether or not a permit is then subsequently
issued.The investigation fee shall be equal to the amount of the permit fee fixed by Section 13-2.4 for such work.
However,in all such cases,there shall be a minimum combined amount for investigation and permit fees of two
hundred dollars($200.00)for any such work commenced without a permit.
(2) In the event it is discovered by the administrative authority that a required investigation fee was not collected,
the administrative authority shall not perform any additional inspection of the work until the required
investigation fee has been paid.
(3) The payment of such investigation fee shall not exempt any person from compliance with all other provisions of
this Code,nor from any penalty prescribed by law.
(Ord.No.858,November 20,2007)
§ 13-2.11 All Work to Be Inspected.
(a) All electrical systems shall be inspected by the administrative authority to ensure compliance with all the requirements
of this Code for which a permit is obtained.No portion of any system shall be concealed,enclosed or covered until
such system or work has been inspected and approved by the administrative authority.
(b) Notification. It shall be the duty of the permittee performing the work authorized by the permit to notify the
administrative authority,orally or in writing,that said work is ready for inspection.
Exception: The permittee may authorize representatives to provide notification for inspections. Duly authorized
representatives shall be authorized in writing by the person granting authorization.
(i) It shall be the duty of the permittee performing the work authorized by the permit to ensure that the work
complies with this Code,before requesting inspection.
(2) The administrative authority,upon receipt of notification shall make the following inspection:
(A) All services for temporary electrical power.
(B) The rough installation of any electrical wiring or portion thereof,shall not be covered or concealed until it
has first been inspected,and has been completed and approval granted.
(C) The rough installation of any electrical conductors and service equipment,or portion thereof that connect
to the supply of electricity.
(D) Final inspection shall be made after all electrical systems are completed and the building is ready for
occupancy.All electrical service equipment shall be in place and all electrical fixtures,devices,covers and
cover plates shall be installed.All electrical systems shall be capable to receive power.
(E) Other Inspections.In addition to the inspections specified above,the administrative authority may make or
require other inspections of any electrical work to ascertain compliance with the provisions of this code and
other laws which are enforced by the administrative authority.
(c) Workmanship.Any inspection required of the administrative authority shall be solely for the purpose of ascertaining
compliance with the plans, specifications and code requirements as they relate to the electrical integrity of the
building and as they relate to health and safety. The inspections shall not be for the purpose of validating the
workmanship of the electrical;such validating,if desired,shall be the responsibility of the building's owner and shall be
done by a special inspector,hired and paid for by the builder,owner or respective party.
(d) Reinspections. A reinspection fee shall be assessed for each reinspection when such portion of work for which
required inspection is called for and not completed or when corrections are called for and not made.
(1) To obtain reinspection,the permit holder shall file an application thereof in writing on a form furnished by the
administrative authority and pay the reinspection fee of fifty dollars($5o.00)for each additional reinspection.
(2) Where reinspection fees have been assessed,no additional inspection of the work shall be performed until the
required fees have been paid.
(Ord.No.858,November 20,2007)
§ 13-2.12 Certificate of Inspection.
(a) Upon satisfactory completion of all electrical work in accordance with the provisions of this Chapter and the Electrical •
Code and standards adopted,a certificate of inspection shall be issued upon request in triplicate by the administrative
authority,the original of which shall be sent to the electrical contractor who installed the work.
(b) It shall be unlawful for any person to use or supply electrical energy to any electrical installation on which electrical
work was or is being performed under a permit issued pursuant to the provision of this Chapter, before the
administrative authority issues a certificate certifying that such installation has been inspected and approved by the
administrative authority.
The administrative authority may disconnect any electrical installation or equipment which has been connected
before the approval for the use of or supply of electrical energy has been granted.
(c) The administrative authority,upon the disconnection of any electrical installation or wiring found illegally connected,
as provided in Subsection (b) of this Section, shall attach a notice thereto which shall state that the wiring or
apparatus has been disconnected by the order of the administrative authority,and any person removing the notice or
reconnecting the wiring or apparatus before it has been approved by the administrative authority shall be liable to the
penalties herein provided.
(d) In all such cases where the use of and supply of electrical energy required for emergency electrical work to remedy a
power failure and for which no electrical permit was obtained,the administrative authority may authorize use of and
the supply of electrical energy to such installation before issuance of such certificate when the use of and the supply
of electrical energy to,such installation will not endanger life or property and there is good cause for making such
exception.
In all such cases,all persons responsible for the performance of any emergency electrical work to remedy a power
failure shall obtain an electrical permit on the working day immediately following the day on which the work was
performed. All such work shall be inspected, approved and certified by the administrative authority to assure
compliance to all provisions of this Chapter.All persons who fail to obtain an electrical permit shall be subject to the
penalties herein provided.
(Ord.No.858,November 20,2007)
§ 13-2.13 Building Occupancy.
After final inspection and a determination that the building or structure complies with the provisions of this Code and
other laws which are enforced by the code enforcement agency,the administrative authority shall issue a certificate of
occupancy,as provided in Chapter i2,Building Code,Kaua9 County Code,i987,as amended.
(Ord.No.858,November 20,2007)
§ 13-2.14 Liability.
The administrative authority or any employee charged with the enforcement of this Code,acting for the County in good
faith and without malice in the discharge of his or her duties,shall not thereby render him or herself liable personally and
he or she hereby is relieved from all personal liability for any damage that may occur to persons or property as a result of
any act required,or by reason of any act of omission,in the discharge of his or her duties.Any suit brought against the
administrative authority or employees,because of such act of omission performed by him or her in the enforcement of any
provisions of this Code,shall be defended by the legal department of the County until final termination of the proceedings.
(Ord.No.858,November 20,2007)
§ 13-2.15 Unconstitutionality.
If any section,subsection,sentence,clause or phrase of this Chapter is,for any reason,held to be unconstitutional,such
decision shall not affect the validity of the remaining portions of this Chapter.The legislative body hereby declares that it
would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase thereof,
irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared
unconstitutional.
(Ord.No.858,November 20,2007)
§ 13-2.16 Appeals and Petitions.
Any appeal from the decision of the administrative authority in the administration of the County of Kauai Electrical Code
involving any denial of the use of new or alternate materials,types of construction, equipment, fixtures, devices, or
appliances,or any petition for varying the application of the Electrical Code may be submitted to the Board of Appeals for
hearing and determination as specified in Chapter iz,Building Code,Kauai County Code.987,as amended.
(Ord.No.858,November 20,2007)
§ 13-2.17 Temporary Electrical Service.
(a) All services for temporary electrical power shall be used for construction purposes only,for construction sites,field
offices,equipment and other construction usage.
(b) All installation for temporary electrical power shall comply with all requirements of this Code and the utility company
furnishing such power.
(c) All service for temporary electrical power shall require a separate electrical permit,inspection and approval prior to
service connection.A permit shall not be issued unless a valid building permit has been or is being processed.
(d) The administrative authority may in his or her discretion authorize services for temporary electrical power other than
construction purposes.
(Ord.No.858,November 20,2007)
§ 13-2.18 Number of Electrical Services.
(a) A dwelling unit shall be supplied by only one CO electrical service meter unless authorized by the administrative
authority.
(b) Electrical service meters may be installed to buildings and structures that received a valid building permit.
(Ord.No.858,November 20,2007)