HomeMy WebLinkAboutORD 2006-122 2004-2006 o.,,,~
COUNTY OF HAWAII STATE OF HAWAII
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O6 i22BILL 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 HAWAI`L•
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 beginning October 1, 2006 through September 30, 2007, persons
may apply for electrical permits for residential building or farm structures completed before
January 1, 2006 without proper electrical Hermits. These special circumstance Hermits shall be
called "amnesty permits." Only persons eligible to obtain apermit, pursuant to section 9-35,
may apply for an amnestypermit.
(b) Amnesty Hermit holders will be exempt from all civil and criminal penalties
pursuant to sections 9-6 and 9-41, that might otherwise be imposed for constructine a structure
without an electricalpermit, 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 electrical permit, that satisfies the requirements of
the County electrical code, shall be submitted within the amnestyperiod;
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 grant of an amnesty permit, shall lapse.
(d) Any exemption from civil and criminal penalties granted pursuant to this section,
arising from the grant of an amnesty permit, shall not relieve any person from the obli atilt on 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 amnesty permit before the expiration of this section, shall be allowed
to proceed pursuant to the terms of such permit, as long 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 ITRODUCED BY:
U
CO CIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: August 1, 2006
Date oflstReading: August 1, 2006
Date of 2nd Reading: August 23, 2006
Effective Date: October 1, 2006
REFERENCfa Cain:
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo, Hawaii
Introduced By: Virginia Isbell ,,,1,j,0 V
Date Introduced: August 1, 2006 S~ NOES ABS EX
First Reading: August 1, 2006 Arakaki X
Published: August 11, 2006 Higa ' '
Hoffmann X
REMARKS: Holschuh X
Ikeda X
Isbell X
Jacobson X
Pilago X
Safarik X
9 0 0 0
Second Reading: August 23, 2006
To Mayor: August 29, 2006
ROLL CALL VOTE
Returned: August 29, 2006 AYES NOES ABS EX
Effective: October 1, 2006 Arakaki X
Published: September 5, 2006
Higa X
Hoffmann X
REMARKS:
Holschuh X
Ikeda X
Isbell X
Jacobson X
Pilago X
Safarik X
8 0 1 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
COUNCIL CHAIRMAN
DE ORPO ATION COUNSEL ~a~Aj?~j~ ~ ~ ~A~~j ~ ~ _ _
COUNTY OF HAWAII irf~i4/
COUNTY CLERK
Date
Bill No.: 313
d Reference: C-977/PWIRC-49
pprove isapproved this ay
Ord No.:
of , 20~.
OR, CO ~OF HAWAI `I