HomeMy WebLinkAboutBIL 208 Draft 01 2024-2026 (--
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COUNTY OF HAWAI`I :•: - =���� • STATE OF HAWAI I
BILL NO. 208
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 6,ARTICLE 7, SECTION 6-47,OF THE
HAWAII COUNTY CODE 1983 (2016 EDITION,AS AMENDED),RELATING TO
TRANSIENT VACATION RENTALS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. The purpose of this ordinance is to clarify that a bona fide,reciprocal,
non-commercial exchange of principal homes does not constitute a transient vacation rental
solely because temporary occupancy of each residence is exchanged between the participating
owner-occupants.
SECTION 2. Chapter 6, article 7, section 6-47, of the Hawai`i County Code 1983 (2016
Edition, as amended), is amended to read as follows:
"Section 6-47. Applicability.
This article does not apply to any accommodation, lease, letting, or rental activity:
(1) Exempt from the Hawai`i Revised Statutes, chapter 237D;
(2) Subject to the Hawai`i Revised Statutes, chapter 521;
(3) Furnished to a health care worker temporarily employed at a medical facility
in the County; [ef]
(4) Authorized by a declaration of a state of emergency[..-]; or
(5) Involving a reciprocal,non-commercial arrangement between owner-
occupants in which each owner-occupant permits the other to temporarily
occupy the owner-occupant's principal home,whether simultaneously or at
different times, and in which neither party makes a payment or transfers
money, goods, services,points, credits,tokens, or any other compensation or
benefit to the other party in exchange for temporary occupancy of the home,
commonly known as a home exchange."
SECTION 3. Material to be repealed is bracketed and stricken.New material is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 4. Severability. If any provision of this ordinance, or the application hereof
to any person or circumstance, is held invalid,the invalidity shall not affect other provisions or
applications of this ordinance that can be given effect without the invalid provision or
application.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED
JAMES HUSTACE
Council Member
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 1131
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2 LRB 26-122 D9