HomeMy WebLinkAboutBIL 212 Draft 01 2022-2024AN ORDINANCE AMENDING CHAPTER 5, ARTICLE 3, DIVISION 2, SECTION 5-3-22, OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO BUILDING PERMIT EXEMPTIONS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Chapter 5, article 3, division 2, section 5-3-22, of the Hawai‘i County Code 1983 (2016 Edition, as amended) is amended to read as follows:
“Section 5-3-22. Building work; exempt.
(a) A permit shall not be required for any of the following building work, provided no electrical work or plumbing work is proposed:
(1) Installation and/or construction of:
(A) Awnings projecting up to four feet and attached to the exterior walls of buildings of Group R-3 or U Occupancy; provided that the awnings do not violate the provisions for “yards”
in chapter 25 (zoning), Hawai‘i County Code; or
(B) Cabinets or wall mounted shelving not affecting fire resistance or structural members of walls for R-3 Occupancy and individual units of R 1, R-2, and U Occupancies which are not
regulated under cooking unit clearances of the construction code. Cooking unit clearances refers to clearances between cooking surfaces and combustible materials, including but not
limited to cabinets; or
(C) Detached decks or platforms that are less than thirty inches in height above grade. Buildings cannot violate the provisions for “yards” in chapter 25 (zoning). Verify setback requirements
with the planning department; or
(D) Detached one-story accessory structures of U occupancy, used as a tool shed, storage shed, greenhouse, gazebo, playhouse, animal shed, or for a similar use, provided[:] that:
(i) The structures are located on residential or agricultural zoned land;
(ii) [The] In the case of accessory structures on residential zoned land, total floor area [of the accessory structures] does not exceed two hundred square feet and is not greater than
fifteen feet above finish grade; [and]
(iii) In the case of accessory structures on agricultural zoned land, the total floor area does not exceed one thousand square feet; and
[(iii)] (iv) The building is not located less than ten feet from the property line or other structures; and does not violate the
provisions for “yards” in chapter 25 (zoning). Structures shall be limited as defined per chapter 25; or
(E) Standard electroliers not over thirty-five feet in height above finish grade; or
(F) Fences six feet or less in height; or
(G) Floor covering; or
(H) Playground equipment, excluding assembly or similar waiting areas; or
(I) Re-roofing work with like material and installation of siding to existing exterior walls which will not affect the structural components of the walls for Groups R-3 and U Occupancies;
or
(J) Wallpaper or wall coverings which are exempted under the provisions of section 801.1, Interior Finishes, chapter 8, IBC; or
(K) Water features and swimming pools less than twenty-four inches in depth, for one and two-family dwelling units; or
(L) Wells and reservoirs pursuant to chapter 178, Hawai‘i Revised Statutes; or
(M) Television and radio equipment (i.e. antenna, dishes) accessory to R-3 Occupancies. Supports or towers for television and radio equipment six feet or less in height; or
(N) Air conditioners that are: in Residential R-3 Occupancy, window-mounted, and do not impair emergency egress; or portable air conditioning systems; or
(2) Installation and/or construction of temporary tents or other coverings used for private family parties or for camping on approved campgrounds, in accordance with article 4 (camping),
and article 5 (picnics) of chapter [5;] 15; or
(3) Painting and decorating; or
(4) Repairs, excluding any installation or construction work otherwise exempted in subsection (a), that involve only the replacement of component parts or existing work with similar
materials for the purpose of maintenance and do not cost over [$7,500] $25,000 per structure in any twelve-month period, and do not affect or modify any existing electrical or mechanical
installations. Repairs that cost over [$7,500] $25,000 per structure in any twelve-month period or that include additions, changes, or modifications to construction or structures,
exit facilities, permanent fixtures, or equipment shall not be exempted from this section; or
(5) Replacement of solar water heating components (i.e. panels, tanks) in the same location and of the same type; or
(6) Agricultural buildings, structures, and appurtenances exempt from building permit and building code requirements pursuant to section 46-88, Hawai‘i Revised Statutes; or
(7) Work located primarily in a public way, public utility towers, bridges, poles, mechanical equipment not specifically regulated in the construction code, and hydraulic flood control
structures; or
(8) Work performed under the jurisdiction or control of the:
(A) State department of transportation at state harbors, pursuant to section 266-2, Hawai‘i Revised Statutes; or
(B) State department of accounting and general services.
(b) The foregoing exemptions from permit requirements shall not be deemed to:
(1) Allow any building work to be done in a manner contrary to other provisions of the construction code; or
(2) Authorize violation of article 3, pertaining to other work, or of other applicable laws.”
SECTION 2. 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 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall 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 declared to be severable.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
_______________, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: