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Home My WebLink AboutORD 2026-009 2024-2026COUNTY OF HAWAI`I �r��ni'M�tti ORDINANCE NO. STATE OF HAWAII BILL NO. 107 (DRAFT 2 ) 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 small be known as [the fire eede ] the "Hawai`i County Fire Code." Section 17-1-2. Purpose. The purpose of this article is to establish and adopt [the ram,,..,,,:`: oft Fife C countywide fire safety code as required by section 107-28, Hawai`i Revised Statutes, [This doeument ineefpefates, subjeet to affiendfflefit, llawai'i State Fife Code as adopted in seetion 12 45.4,14awai'i Administrative Rule, 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. [[201814S G 4 Section 17-1-4. Definitions. In this article, unless the context otherwise requires: r,l A,.al-,...:a., i.....:. :....:-A.-+:,.,..tt .,.. "A TTV7� 4-1-- 7-'.,..-4. r..,, ,1,,...,..s—,..-.4 1 "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. [[ L ] 1 Section 17-1-5. Permits. A permit from the [A44J] 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 protection system, 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 safety oregress, (4) Changes in the use or occupancy classification of a building r structure, and 5 ALiy other work oractivit elsewhere regulated under the Hawaii County Fire Code. Section 17-1T Fire safety plan review, required. (a) No type of work described in the orecedina section may take place, unless approved in accordance with this article and other applicable law. (b) A person reauired to obtain fire safety plan approval shall do so in form prescribed by the fire chief, which must include: 2 1 Submittal of plans, drawings, s ecifications and other documentation in sufficient detail to demonstrate compliance with the provisions of the fire code applicable to the type of work; (2) Payment 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 any plan to install or remove a storage tank for hazardous materials or flammable fluids ovcr sixty allons. (c) In cases where submitted plans are incomplete, incorrect, or otherwise deficient or where there are modifications or revisions to the plans after fire safety .plan approval 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) Up_on determination that the plans comply with the fire code, the fire chief shall approve the plans. In issuing fire safe1y.plan approval, the fire chief ma im ose certain conditions as may be necessaU to ensure compliance with the fire code during and after the work occurs. Section 17-1- . Inspections. (a) Whenever anv work regulated by the Hawaii County Fire Code is readv for inspection, the person authorized by the fire safety plan approval 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 alarm system-, (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) Testinia of automatic sprinkler systems, standpipes, private hydrants, or other water -based fire protection systems, (c) In conducting, an inspection, the fire chief maw (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 ma revoke an a roval of inspected work if it is found that: (1) The work deviates from the approved fire safety plans, (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, aLiy subsequent inspection." SECTION S. 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. INTRODUCED BY: Hilo , Hawaii Date of Introduction: December 3, 2025 Date of Ist Reading: December 17, 2025 Date of 2nd Reading; January 7, 2026 Effective Date: February 11, 2026 REFERENCE Comm.,. 604.3 " ��; -7, � �- <'-, -� � � � L MEMBER, COUNTY OF HAWAI`I I Illlllllnl�llll�lll 4 Introduced By: Date Introduced: First Reading: Published: REMARKS: OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii James Hustace (B/R) December 3, 2025 December 17, 2025 December 26, 2025 Second Reading: January 7, 2026 To Mayor: January 29, 2026 Returned: February 11 2026 Effective: February 11, 2026 Published: February 20, 2026 REMARKS: (Draft 2) COUNTY CLERK COUNTY OF HAWA1 2076 FEB I I AN 11: 24 ROLL CALL VOTE AYES NOES ABS EX Galiniba x Hustace x Inaba x Kagiwada x Kaneali`i-Kleinfelder x Kierkiewicz X Kimball x Onishi x Villegas X 9 0 0 0 ROLL CALL VOTE AYES NOES ABS EX Galimba x Hustace x Inaba x Kagiwada X KAneah'i-Kleinfelder x Kierkiewicz x Kimball x Onishi x Villegas x 8 0 1 0 I DO HEREBP CERTIFI'that the foregoing BILL ivas adopted by the County CoutncilFatblished as ii7dicaled above. Approvew Disapproved this day lr(A6t l� �� 20 li,IA YOR, CO UNT)' OF HAYIfAPI COUNCIL CHAIRPERSON ERK 107 (Draft 2) Bill No,. Reference: C-604.3/PCPWMT-8 Ord No.: 2G 0