HomeMy WebLinkAboutBIL 313 Draft 01 2004-2006 Mir ar
COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 313
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 9, ARTICLE 5, DIVISION 2, HAWAII
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE
ELECTRICAL CODE.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The County council finds that residents with unpermitted
construction work within the County of Hawaii may want to legalize their buildings.
Consequently, this bill would create an amnesty period, beginning October 1, 2006 through
September 30, 2007, during which time, owners of unpermitted buildings may bring their
structures into compliance with the County electrical code without penalty. During this amnesty
period, owners of unpermitted buildings completed prior to January 1, 2006, may apply for a
permit to bring their buildings in compliance with chapter 9, the County electrical code. Owners
who secure a permit, pursuant to this amnesty program, who otherwise comply with all
provisions of the County electrical code, will be exempt from all civil and criminal penalties
pursuant to sections 9-6 and 9-41 that might otherwise be imposed for constructing a structure
without an electrical permit.
SECTION 2. Chapter 9, article 5, division 2, Hawaii County Code 1983, (2005 Edition,
as amended) is amended by adding a new section 9.41.1 to read as follows:
"Section 9-41.1. Amnesty Period.
(a) For the period be ig nning October 1, 2006 through September 30, 2007, persons
may apply for electrical permits for residential building or farm structures completed before
Januazv 1, 2006 without proper electrical permits. These special circumstance permits shall be
called "amnestypermits." Onlypersons eligible to obtain a permit, pursuant to section 9-35,
may apply for an amnesty permit.
(b) Amnesty permit holders will be exempt from all civil and criminal penalties
pursuant to sections 9-6 and 9-41, that might otherwise be imposed for constructing a structure
without an electrical permit, if they otherwise comply will all applicable provisions of the
County electrical code, as well as the following listed conditions:
(1) An application for an electricalpermit, that satisfies the requirements of
the County electrical code, shall be submitted within the amnesty period;
and
(2) The unpermitted construction shall be brought into full compliance with
the requirements of the County electrical code, and the permit closed in
compliance with the code.
(c) If these conditions are not be met, exemption from all civil and criminal penalties
pursuant to sections 9-6 and 9-41, arising from the Brant of an amnesty permit, shall lapse.
(d) Any exemption from civil and criminal penalties rg anted pursuant to this section,
arising from the grant of an amnesty permit, shall not relieve any person from the oblisation to
otherwise comply with all requirements of this code.
(e) This section shall be repealed on October 1, 2007. All persons who have
applied for and obtained an amnestypermit before the expiration of this section, shall be allowed
to proceed pursuant to the terms of such permit, as ions as they remain in full compliance with
this section and the County electrical code."
SECTION 3. 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 4. New material is underscored. In printing this ordinance, the underscoring
need not be included.
SECTION 5. This ordinance shall take effect on October 1, 2006.
IN~ODUCED BY: C=s~r~ v""l
1.
COUN L MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE: Comm. „.~,.~swww