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Home My WebLink AboutORD 2023-087 2022-2024 0•�(S•- •. 7i� COUNTY OF HAWAI I STATE OF HAWAI`I 74 OF•H',•'' BILL NO. . 84 ORDINANCE NO. , 23 87 (D 3) 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 HAWAI`I 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 Hawai`i County Code 1983 (2016 Edition, as amended), is amended to read as follows: "Section 5-4-7. [Gan-cell-Mien] Withdrawal of application. Upon notice to applicant that their application is ready for pick up with either a "recommend for issuance" or"recommend return with correction,"the applicant shall have thirty working days to pick up their permit or application respectively. If the permit The4hilty-day-per-iod-will-begin-en-the-working day following the day that notification is electronically sent to the applicant. (b) Sixty days to take action on deficient application. application is picked up. (c) 1.80 days to obtain permit. An application for a permit shall b- dee____d+_ 'i__. _ b__ __ _l a l 80 days fter the uc�•date of filing, unless such applicat____h___ b____p _ea g oa f it it l b ia issued. The authority having ju additional periods not exceeding ninety consecutive days each. Prior to the deadline, demonstrate that circumstances beyond the applicant's control justify granting the extension 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 (b) The application will be determined to be abandoned and therefore withdrawn by the applicant if after the one hundred eighty days: (1) The applicant fails to submit, dispute, or otherwise act on errors or deficiencies noted on the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 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 penult application. If a permit application is [canceled,] abandoned and therefore withdrawn,the application process must be restarted. In order to restart an application after [its cancellation,] it is abandoned and therefore withdrawn, the applicant shall resubmit plans with alterations to meet [current codes] provisions of this code in effect at the time of resubmittal and pay a new plan review fee. (e) If an application is [canceled,] 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 Hawai`i County Code 1983 (2016 Edition, as amended), is amended to read as follows: "Section 5-5-4. Expiration. (a) [Permits shall expire and become null and void: ; (2) Permits issued to owner builders five years after the date of issuance of the permit; (3) 180 consecutive days after the date of issuance, if the work authorized by the permit is not commenced by such date; or consecutive t a . time after the date of issuance.] 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 permit shall be submitted." 2 SECTION 4. Chapter 5, article 5, section 5-5-5, of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended to read as follows: "Section 5-5-5. Extension. [( ) T t1, e..t o f., strike e some :tl.er e.ent beyon.1 the ee tro1_of the contractor tL,e owner that results in the aba de e„t f„ str ction, tho ut erity-having jurisdiction may extend the d udlines for construction. An extension of time may be granted for the length of time that work has been halted by strikes or other causes beyond the control of the owner or contractor but in no case shall the extension exceed 180 consecutive days. to the deadlines specified in section 5 5 4 and within seven calendar days after the the delay, the effect en the performance f work, the time durir„which. efk. etually suspended, and the portion or portions of the project affected. granting or denying the request for extension.] (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 days prior to the peiliiit 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 of receipt of the request. If the authority having 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) 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. 3 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. INTRODUCED BY: :l --Yee,' 1OUNC MEM ER, COUNTY OF HAWAI`I INTRODUCED BY:q , .„...., EMBER, HA Y OF AI`I 1 Kona , Hawai`i Date of Introduction: November 1, 2023 Date of 1st Reading: November 1, 2023 Date of 2nd Reading: November 15, 2023 Effective Date: December 1, 2023 • REFERENCE Comm. 516.10 4 ;t..� #iY1.. 3� OFFICE OF THE COUNTY CLERK COUNTY OF H aA fi Pw I I County of Hawaii Kona, Hawaii 2023 NOV 28 AN KY 02 • (Draft 2) Introduced By: Heather L. Kimball and ROLL CALL VOTE Susan L.K. Lee Loy AYES NOES ABS EX Date Introduced: November 1, 2023 Evans X First Reading: November 1, 2023 Galimba X Published: November 10, 2023 Inaba X Kagiwada X REMARKS. Kaneali'i-Kleinfelder X Kierkiewicz X Kimball X Lee Loy X Villegas X 6 0 3 0 Second Reading: November 15, 2023 (Draft 3) To Mayor: November 17, 2023 ROLL CALL VOTE Returned: November 28, 2023 AYES NOES ABS EX Effective: December 1, 2023 Published: December:29 , 2023 Evans X Galimba X REMARKS. Inaba X Kagiwada X Kaneali'i-Kleinfelder X Kierkiewicz X Kimball X Lee Loy X Villegas X 7 0 2 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. 4 r COUNCIL CHAI ERSON pprove Disapproved this day of N6-v eavl (�-c,e- , 20 Z C LERK l Q' t,' 84 (Draft 3) Bill No.: MAYOR, COUNTY OF HAWAI`I C-516. 10/PCPLUD-6 Reference: Ord No.: 23 87