HomeMy WebLinkAboutBIL 084 Draft 03 2022-2024-4 OF
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COUNTY OF HAWAIJ STATE OF HAWAPI
BILL NO. 84
(DRAFT 3)
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 HAWAPI 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 HAWAI'I:
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. [Cancellation] Withdrawal of application.
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(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(b) The application will be determined to be abandoned and therefore withdrawn by
applicant if after the one hundred eightdqdays:
(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.
(e) 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If a permit application is [eaneeled,] abandoned and therefore withdrawn the application
process must be restarted. In order to restart an application after [its ^^reellat
abandoned and therefore withdrawn the applicant shall resubmit plans with alterations to
meet [current eedes] provisions of this code in effect at the time of resubmittal and pay a
new plan review fee.
(e) If an application is [e aee-led ,] 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) [n^fmits shall
date;(2) Peftnits issued to owner buildefs five year-s aftef the date of issuanee of the pefmil-,
is not eornmeneed by sueh ef
(4) if the wer-k atithefized by a permit is suspended of abandoned f6f a period of 180
eanseetitiye days of mefe .,t afty t;. .,Ft^.- the date of issuaneed
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 permit expires prior to work being completed. an application for a new hermit shall be
submitted."
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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
! :
extensien and theif subsequent dispositien. Said feeefds shall contain the name of the
granting of denying the feqtiest for on.]
(a) An extension of a permit may be granted if the authority• •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 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 thirty days
receipt of the request. If the authoritybaving jurisdiction fails to render a decision within
thirty days of the request, the permit shall not expire until such time as a decision is
rendered.
(d) Pen -nit extensions shall not exceed one extension of one hundred eighty days.
(e)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:
516.10
REFERENCE COMM.
INTRODUCED BY:
OUNC MEMXER, COUNTY OF HAWAPI
CO
UNCIL R, COUNTY OHAWAPI
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