HomeMy WebLinkAboutCOM 0822.007 2022-2024 -114
Susan L.K. Lee Loy P Office: (808)961-8396
Cotmed Member Fax: (808)961-8912
District 3 Emall: siie.leelojl@haii,aiicotti?lj;,goi,
HAWAII COUNTY COUNCIL
25 Aupuni Street, Hilo, Hawaii 96720
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DATE: May 24, 2024 Co CD
TO: Heather L. Kimball, Council Chair
Members of the Hawaii County Council
Z_
FROM: rwsusan L.K. Lee Loy, Council Member
Council District 3
SUBJECT: Proposed Amendments to Bill No. 152; An Ordinance Amending Chapter
5, Article 1, Article 4, and Article 7, of the Hawaii County Code 1983
(2016 Edition, as Amended), Relating to Pre-Approved Plans for
Residential Dwellings.
Transmitted herewith are proposed amendments to Bill No. 152. The proposed amendments are
shown below in Ramseyer format with respect to the contents of Bill No. 152; material to be
deleted is bracketed and stricken, and material to be inserted is underscored.
1. SECTION 2 of Bill No. 152, which amends chapter 5, article 4, division 2, section 5-4-21
of the Hawaii County Code 1983 (2016 Edition, as amended), is amended to read as
follows:
"Section 5-4-21. [M-ede"Aaiis] Plans for [Fesidentift ] dwellings; pre-approval.
(a) [Model pla4i] Plan pre-approval.
[Model p! I Plans for [feffkk%tiEd] dwellings and [residential] multi-family
dwellings may be pre-approved by the authority having jurisdiction. The application
process for a permit that is based on [model] plans for [feaidenfifd] dwellings [and
residential] or multi-family dwellings that have been pre-approved and filed with
the authority having jurisdiction shall exclude the plan and specification review
required in sections 5-4-1 and 5-4-2. This exemption shall not apply to reviews by
other appropriate departments and divisions of the County and the State required
pursuant to section 5-4-5.
(b) Model hom esigns. Pre-approved plans.
(1) Eligible [inedel home degigns] plans shall have no limitation on size.
(2) [Layouts of plans that are mirfered] Mirrored or reversed versions of
previously approved plans, will be considered to be separate and [aR]
additional [ffiedel home de plans subject to paragraph (1) of this
subsection.
Comm. No.
Ref. To: ?TW_"nw1_
Hmvai'i County Is an Equal Opportunio)PmviderAiid E mployer Ref. DoteMAY 2 8 M4
(3) Any revisions to pre-approved plans will require resubmittal of the entire set
of revised plans and documents for approval. A proposed revision to an
already pre-approved plan will be considered to be a separate and [an]
additional [home design] plan subject to paragraph (1) of this subsection.
(c) Application for [medel] plan pre-approval.
(1) To apply for pre-approval of a [rrredel] plan, complete working drawings and
specifications that bear the seal and signature of a person who is licensed in
the State of Hawaii as an architect or professional structural engineer shall be
submitted to the authority having jurisdiction.
[(2) Factory built homes shall ine cine a .R f etut!e-'s h—Ib
A-ppeadix U of chapter 513, the Fesidentiai building code-.]
[(3)] M A plan review fee for pre-approved [rnedel] plans shall be assessed per
[model ,,,me assign plan in accordance with section 5-7-2.
(d) The authority having jurisdiction shall approve the application, and assign a model
number to the pre-approved [txedel] plan, if it finds that:
(1) The plans submitted for pre-approval conform with the requirements of the
construction code and with all other applicable laws; and
(2) The fees specified in section 5-7-2 have been paid.
(e) Expiration of[me"] plan pre-approval.
Pre-approved [medel] plans [for 1 acne desig—] shall remain valid until a new
edition of the [model] building code is adopted by the authority having jurisdiction.
(f) Owner/contractor application for permit.
(1) When applying for a permit with a pre-approved plan [f_. a tBedel 1 efflo
desige] the owner/contractor shall:
(A) Submit complete working drawings showing the pre-approved model
number along with the manufacturer's seal and authorizing signature.
The authority having jurisdiction will verify the seal and signature.
(B) Pay the permit plan review fee pursuant to section 5-7-1.
(C) Obtain required approvals from other departments or agencies.
(2) Construction drawings for pre-approved [made! hei e a,,,,<g*s,] Plans,,with
the exception of the plot plan and/or cover sheet will not be required to be
individually stamped by a person who is licensed in the State of Hawaii as an
architect or professional structural engineer in accordance with this chapter
and chapter 464, Hawaii Revised Statutes. The plot plan and/or cover sheet
shall bear the same architect or professional engineer's seal and signature as
submitted on the pre-approved [model home design, plan,pursuant to
subsection (c)(1).
(3) After the requisite approvals from other departments or agencies have been
obtained, the authority having jurisdiction will either approve the application
or inform the applicant of deficiencies in the application within six working
days after the authority having jurisdiction receives notice that all approvals
have been obtained.
(4) Once approved,the authority having jurisdiction shall issue the permit in
accordance with section 5-5-U'
2. SECTION 3 of Bill No. 152, which amends chapter 5, article 7, section 5-7-2 of the
Hawaii County Code 1983 (2016 Edition, as amended), is amended to read as follows:
"Section 5-7-2. Plan review fee for pre-approved [model] plans [for ..,,.,:d,..,F:�'
dwellings].
[A plan review fee shff"e assessed on model plans for residential dwellings-paid
*deafiai multi fafflily dwellings. Each tmi"e model plan of a residenfial dwe144ig-ei-
c=st bjeet to a separate Fee. These e time plan
review fes shall 1 e based on the x,.1,edul0 below.] Each pre-approved plan shall be
subject to a plan review fee based on the schedule below.
PLAN REVIEW FEE FOR PRE-APPROVED [MODEL] PLANS
FOR RESIDENTIAL DWELLINGS
(Per-Unique ]
Category Fees
A. [Gttnty of 14a , Department of Publie Works, Buil $150
Divisien pfe
with architeet at!str-uettifal engineer stamp a
10 or
fewer- orea under roof,] Plans with enclosed roof coverage
of 1,100 sq. ft. or less.
B. [County...ofuuo ai'i,Department of PublicWorks, Bild g $200
Division pre approved dwelling or maki family dwelling
with arehiteet of stt!tietur-al engineer stanip 1,10"q.
1,400,"0 sly ft. area-tinder-reeft] Plans with enclosed roof
coves e of 1 101 s . ft. a to 1 400 s . ft.
C. [County of14a,,.,,;<:, Depat!tmeirvr^f Publie t>;r.,rks, Build $20 per 100 sq. ft.
Division pfe appfeved dwelihig ef multi family dwelling or fraction thereof
.,itl, architect structuralengineer stamp 1,401--sq, ft
mere area „lo e f ineltidingall 9
mininitim sq. ftt.] Plaits with enclosed roof
coverage of 1,401 sq. ft. or more.
A copy of the new draft of this bill that will result if these proposed amendments are
adopted is attached.
SL.jv
Att.
AN ORDINANCE AMENDING CHAPTER 5,ARTICLE 1, ARTICLE 4, AND ARTICLE
7, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
RELATING TO PRE-APPROVED PLANS FOR RESIDENTIAL DWELLINGS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L•
SECTION 1. Chapter 5, article 1, section 5-1-5 of the Hawaii County Code 1983 (2016
Edition, as amended) is amended by adding a new definition to be appropriately inserted and to
read as follows:
""Multi-famil dwelling" means any building that contains more than two dwelling
units used,..intended or designed to be built used rented leased let or hired out to be
occupied, or that are occupied for living_purposes."
SECTION 2. Chapter 5, article 4, division 2, section 5-4-21 of the Hawaii County Code
1983 (2016 Edition, as amended) is amended to read as follows:
"Section 5-4-21. [Model-phks] Plans for [�-�s�al] dwellings; pre-approval.
(b) Made!��] Plan pre-approval.
[Moans] Plans for [resideft4ial dwellings and multi-family dwellings may be
pre-approved by the authority having jurisdiction. The application process for a
permit that is based on [model] plans for [residential dwellings or multi-family
dwellings that have been pre-approved and filed with the authority having
jurisdiction shall exclude the plan and specification review required in sections 5-4-
1 and 5-4-2. This exemption shall not apply to reviews by other appropriate
departments and divisions of the County and the State required pursuant to
[subseetion] section 5-4-5.
(b) [Medel heffle designs.] Pre-approved plans.
(1) Eligible [ ] 1p ans shalt have no limitation on size.
[€xeepti-err:
(2) [ ] Mirrored or reversed versions of
previously approved plans, will be considered to be separate and [tm]
additional [.,,,,a,_,' home design plans subject to paragraph (1) of this
subsection.
(3) Any revisions to pre-approved plans will require resubmittal of the entire set
of revised plans and documents for approval. A proposed revision to an
already pre-approved plan will be considered to be a separate and [a*]
additional [henie design] pLan subject to paragraph (1) of this subsection.
(c) Application for [medel] plan pre-approval.
(1) To apply for pre-approval of a [eaedel] plan, [th+ee sets ofl complete working
drawings and specifications that bear the [wf,4] seal and signature of a person
who is licensed in the State of Hawaii as an architect or professional
structural engineer shall be submitted to the authority having jurisdiction.
[(2) Factory-built heir s shall inelude a is label as Fequifed-by
ef,&E U e f ehapte, rl the . si entia1 1,.,:1,1 ,,,. eed •]
[(3)] 0 A plan review fee for pre-approved [ifiedel] plans shall be assessed per
[mo ] plan in accordance with section 5-7-2,
(d) The authority having jurisdiction shall approve the application, and assign a model
number to the pre-approved [medel] plan, if it finds that;
(1) The plans submitted for pre-approval conform with the requirements of the
construction code and with all other applicable laws; and
(2) The fees specified in section 5-7-2 have been paid.
(c) Expiration of[model] plan pre-approval.
Pre-approved [hied/?/] plans [ ] shall remain valid until a new
edition of the [niedel] building code is adopted by the authority having jurisdiction.
(f) Owner/contractor application for permit.
(1) When applying for a permit with a pre-approved plan [for a mode' home
design] the owner/contractor shall:
(A) Submit [twosets-o4] complete working drawings showing the pre-
approved model number along with the manufacturer's [wet] seal and
authorizing signature. The authority having jurisdiction will verify the
seal and signature.
(B) Pay the permit plan review fee pursuant to section 5-7-1.
(C) Obtain required approvals from other departments or agencies.
(2) Construction drawings for pre-approved [,iede1 liefl e designs,] 1p ans, with
the exception of the plot plan and/or cover sheet will not be required to be
individually stamped by a person who is licensed in the State of Hawaii as an
architect or professional structural engineer in accordance with this chapter
and chapter 464, Hawaii Revised Statutes. The plot plan and/or cover sheet
shall bear the same architect or professional engineer's [wet] seal [of] and
signature as submitted on the pre-approved model h.,me design,] plan.,
pursuant to subsection (c)(1).
(3) After the requisite approvals from other departments or agencies have been
obtained, the authority having jurisdiction will either approve the application
or inform the applicant of deficiencies in the application within six working
days after the authority having jurisdiction receives notice that all approvals
have been obtained.
(4) Once approved, the authority having jurisdiction shall issue the permit in
accordance with section 5-5•-1,"
SECTION 3. Chapter 5, article 7, section 5-7-2 of the Hawai`i County Code 1983 (2Q 16
Edition, as amended) is amended to read as follows:
"Section 5-7-2. Plan review fee for pre-approved [mrodlel] plans [fey
residential ]•
[A plan Feview fee shall be assessed an madel plans fef fesidential dwellings.
Each uniquemodel plan of a residential dwelling shall be subjeet to a rThese
V .]tl separate fee,
one time plan, fes shall be based on the sehedule below-.] Each pre-approved plan
shall be subject to a plan review fee based on the schedule below.
PLAN REVIEW FEL FOR PRL-APPROVED [MODEL] PLANS
[FOR RESIDENTIAL DWELLINGS
(Per Unique
1
Category Pees
A. [retro, of,u.,,,a Depar-tmefA of Ptiblie Wofks, Building $150
Division-pre
44, -00 sq. A. (living area only with one ear or two cai,
ear-part). Plans with enclosed roof coverage of 1,100 sq. ft.
or less.
B. [C,,, n, y ,.f u.,,,,,,;'; Department .,�i'A.,blic Works, Building $200
- � approved single family dwelling with
€ired,iteet,63str,.,+, fel engineef stamp 1,10 1 nq. ft. _
s
400 sq. ft. (living aFea only with one ear-of two eaf
earport};] Plans with enclosed roof coverage of 1,101 sq. ft,
up to 1,400 sq. ft.
C. [Dwellings ovef 1,401 sq. ft ineluding all single family $20 per 100 sq. ft.
model homes with no-r=rs=i;;i . ft. Fequir-emext. (Ta or fraction thereof
1nElri ] Plans with enclosed
roof coverage of 1,401 sq. ft. or more.
SECTION 4. 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 5. 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 G. This ordinance shall take effect upon its approval.