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COUNTY OF HAWAI`I
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STATE OF IIAWAI`I
BILL NO. 107
AN ORDINANCE AMENDING CHAPTER 17 OF THE HAWAI`I COUNTY CODE 1983
(2016 EDITION, AS AMENDED), RELATING TO THE FIRE CODE.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Purpose. Pursuant to the Hawaii Revised Statutes, section 107-28, the
purpose of this ordinance is to adopt the State Fire Code, as adopted by the State Fire Council on
January 20, 2023. In addition, the purpose of this ordinance is to provide administrative clarity
and structure for the Hawaii fire department by codifying certain existing procedures and
operations.
SECTION 2. Chapter 17, article 1, division 1, of the Hawaii County Code 1983 (2016
Edition, as amended) is amended to read as follows:
"Division 1. General Provisions.
Section 17-1-1. Title.
This article shall be known as [the fire ,ode-.] the "Hawai`i County Fire Code."
Section 17-1-2. Purpose.
The purpose of this article is to establish and adopt the 14 State Fire C a ] a
countywide fire safety code as required by section 107-28, Hawai`i Revised Statutes.
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Section 17-1-3. Scope.
This article sets forth minimum requirements necessary to establish a reasonable
level of fire and life safety and property protection from the hazards created by fire,
explosion, and dangerous conditions. [[2018 1TSFGi z7]
Section 17-1-4. Definitions.
In this article, unless the context otherwise requires:
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"Fire chief' means the fire chief of the Hawaii fire department or the chief s
designee.
"Fire department" means the Hawaii fire department.
"New construction" means the scope of a construction project currently permitted
under chapter 5.
[. NF�PA"- means theNational Fife rsivizacto
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Section 17-1-5. Permits.
A permit from the [A4J] fire department may be required for any area regulated by
this article.
Section 17-1- State fire code adopted.
The most recent State Fire Code, as adopted by the State Fire Council and codified
in the Hawaii Administrative Rules, Title 12, Chapter 45, is hereby adopted
incorporated herein by reference, and made a part hereof.
Section 17-1- Administrative provisions.
The fire chief may adopt rules pursuant to the Hawaii Revised Statutes, chapter 91
necessary for the purposes of this article."
SECTION 3. Chapter 17, article 1, division 2, of the Hawaii County Code 1983 (2016
Edition, as amended) is hereby repealed.
SECTION 4. Chapter 17, article 1, of the Hawaii County Code 1983 (2016 Edition, as
amended) is amended by adding a division to be appropriately inserted and to read as follows:
"Division . Fire Code Administration.
Section 17-1- Applicability.
This division applies to:
(1) New construction, renovation, installation, or alteration of any life safety or
fire protectionsystem;
(2) Installation or removal of any permanent or temporary storage tank of
hazardous materials or flammable fluids;
(3) Modifications, repairs, or expansions of a building or structure affecting fire
safgy oregress;
(4) Changes in the use or occupancy classification of a building or structure; and
(5) Any other work or activity elsewhere regulated under the Hawaii County Fire
Code.
Section 17-1- Plan review, permit; required.
(a) No tvae of work described in the nrecedini2 section may take Mace, unless
permitted in accordance with this article and other applicable law.
(b) A Berson aDDIvinia for a hermit shall do so in form Drescribed by the fire chief.
which must include:
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1) Submittal of plans, drawings, specifications, and other documentation in
sufficient detail to demonstrate compliance with the provisions of the fire
code applicable to the type of work;
(2)Pyment of a plan review fee, in the amount of.
(A) Fifteen percent of the fee assessed for the same work under section 5-7-1
of this Code; or
(B) $200, in the case of apy plan to install or remove a storage tank for
hazardous materials or flammable fluids over sixty gallons.
(c) In cases where submitted plans are incomplete, incorrect, or otherwise deficient or
where there are modifications or revisions to the plans after a permit has been
issued, the fire chief may require the:
(1) Submittal of corrected, amended, or supplemental information and
documentation; and
(2) Payment of an additional plan review fee in an amount proportional to the
extent of the review.
(d)Upon determination that the plans comply with the fire code, the fire chief shall
approve the plans and issue a permit for the work to commence. In issuing a permit
the fire chief may impose certain conditions as may be necessary to ensure
compliance with the fire code during and after the work occurs.
Section 17-1- Inspections.
(a) Whenever any work regulated by the Hawaii County Fire Code is ready for
inspection, the person authorized by the permit to do the work shall make a request
for an inspection in a form prescribed by the fire chief.
(b) An inspection is required for the following_ types of work or activities:
(1) Testing and acceptance of a new or modified fire alarmsystem;
(2) Installation or removal of an automatic fire extinguishing system for
commercial cooking equipment;
(3) Installation or removal of storage tanks for flammable liquids or gases
designed to hold more than sixty gallons;
(4) Testing of automatic sprinkler systems, standpipes, private hydrants, or other
water -based fire protection systems.
(c) In conducting an inspection, the fire chief may_
(1) Approve the work;
(2)Approve the work, conditioned on additional actions as the fire chief may
impose if deemed necessary for fire safety and compliance with the Hawaii
County Fire Code; or
(3) Not approve the work and require additional actions, including) a subsequent
inspection, as the fire chief may impose if deemed necessary to fire safety and
compliance with the Hawaii County Fire Code.
(d) The fire chief may revoke an approval of inspected work if it is found that:
(1) The work deviates from the approved plans for which the permit was issued;
(2) The work was approved on the basis of incorrect, incomplete, or misleading
information, or
(3) The work is unsafe or presents an undue hazard to life, health, or property_
(e) A person shall pay a fee of $100 when requesting any subsequent inspection."
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 upon its approval.
, Hawai`i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 604
INTRODUCED BY:
F,
O IL MEMBER, COUNTY OF HAWAI`I