The URL can be used to link to this page

Home My WebLink AboutBIL 084 Draft 03 2022-2024AN 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 HAWAIʻI 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 HAWAIʻI: 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 Hawaiʻi County Code 1983 (2016 Edition, as amended), is amended to read as follows: “Section 5-4-7. [Cancellation] Withdrawal of application. [(a) Thirty days to pick up permit or plan review letter. 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 application is not picked up within thirty working days, the application will be canceled. The thirty-day period will begin on the working day following the day that notification is electronically sent to the applicant. (b) Sixty days to take action on deficient application. If an applicant picks up an application designated “recommend return with correction,” the applicant shall have sixty working days to take action on the deficiencies noted in the application. The sixty-day period will begin on the working day following the day the application is picked up. (c) 180 days to obtain permit. An application for a permit shall be deemed to have been canceled 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued. The authority having jurisdiction may grant one or more extensions of time for additional periods not exceeding ninety consecutive days each. Prior to the deadline, requests for extension shall be filed in writing with the authority having jurisdiction, and 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 permit 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 Hawaiʻi 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: (1) Permits issued to contractors - three years after the date of issuance of the permit; (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 (4) If the work authorized by a permit is suspended or abandoned for a period of 180 consecutive days or more at any 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.” SECTION 4. Chapter 5, article 5, section 5-5-5, of the Hawaiʻi County Code 1983 (2016 Edition, as amended), is amended to read as follows: “Section 5-5-5. Extension. [(a) In the event of a strike or some other event beyond the control of the contractor or the owner that results in the suspension or abandonment of construction, the authority having jurisdiction may extend the deadlines 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. (b) Requests for extension shall be filed in writing with the authority having jurisdiction prior to the deadlines specified in section 5-5-4 and within seven calendar days after the commencement of the delay. The written application shall describe in detail the causes of the delay, the effect on the performance of work, the time during which work was actually suspended, and the portion or portions of the project affected. (c) The authority having jurisdiction shall maintain accurate records of all written requests for extension and their subsequent disposition. Said records shall contain the name of the applicant, location of the project and a detailed written explanation of the reasons for 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 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 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. 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: ________________________________________ COUNCIL MEMBER, COUNTY OF HAWAIʻI INTRODUCED BY: ________________________________________ COUNCIL MEMBER, COUNTY OF HAWAIʻI _______________, Hawaiʻi Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: