HomeMy WebLinkAboutBIL 073 Draft 01 2008-2010COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO.
73
AN ORDINANCE AMENDING CHAPTER 5, ARTICLE 1, SECTION 5-1.0.8, AND
CHAPTER 21, ARTICLE 2, SECTION 21-5 OF THE HAWAII COUNTY CODE 1983
(2005 EDITION, AS AMENDED), RELATING TO THE USE OF A TENT OR A
STRUCTURE OF SIMILAR TYPE AS A TEMPORARY RESIDENCE FOR A PERIOD
NOT TO EXCEED THREE YEARS, PROVIDING THERE IS ADEQUATE
SANITATION AND AN ACTIVE BUILDING PERMIT.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 5, article 1, section 5-1.0.8, Hawaii County Code 1983 (2005
Edition, as amended), is amended by amending subsection (a) to read as follows:
"(a) Permits Required. No person, firm, or corporation shall erect,
construct, enlarge, alter, repair, convert, or demolish any building or structure in
the County, or cause the same to be done, without first obtaining a separate
building permit for each building or structure from the building official; provided
that one permit may be obtained for a dwelling and its accessories, such as fence,
retaining wall, pool, storage and garage structures.
EXCEPTIONS: A permit is not required for:
(1) Work excepted under section 103.
(2) Temporary buildings, platforms, and fences used during
construction or for use as props for film, television or live plays and
performances.
(3) Reroofing work with like material and installation of siding to
existing exterior walls which will not affect the structural components of the walls
for Groups R-3 and M Occupancies.
(4) Temporary tents or other coverings used for private family parties
or for camping on approved camp grounds.
(5) Television and radio antennas accessory to R-1 and R-3
Occupancies. Satellite or microwave dishes with supports 6 feet or less in height.
(6) Awnings projecting up to four feet and attached to the exterior
walls of buildings of Group R-3 or M Occupancy; provided that the awnings do
not violate the provision for "yards" in chapter 25 (Zoning) of the County Code.
(7) Standard electroliers not over 35 feet in height above finish grade.
(8) Installation of wall paper or wall covering which are exempted
under the provisions of section 4201.
(9) Repairs which involve only the replacement of component parts or
existing work with similar materials for the purpose of maintenance, and which
do not aggregate over $1000 in valuation in any twelve-month period, and do not
affect any electrical or mechanical installations.
(10) Painting and decorating.
(11) Installation of floor covering.
(12) Cabinet work for R-3 Occupancy and individual units of R-1 and
M Occupancies which are not regulated under section 513. Wall mounted
shelving not affecting fire resistance or structural members of wall.
(13) Work performed under the jurisdiction of Federal Government
and/or located in Federal property.
(]4) Swimming pools for one and two-family dwelling units less than 3
feet in depth.
(15) Fences and retaining walls when 6 feet or less in height.
(16) Animal shelters, storage sheds, and towers, less than 6 feet in
height.
(17) Detached decks or platforms less than 30 inches in height above
grade.
(18) Playground equipment, excluding assembly or similar waiting
areas.
(19) One tent of canvas plastic or similar material or a structure of
residence provided that the property is at teasT one acre m size ana is ciassmeu as
RA FA IA or A and that there is adequate sanitation and an active building
permit for the construction of a permanent dwelling unit on such property. The
use of such tent or structure of similar type shall in no event exceed a period of
three calendar years from the date on which the building permit was issued. For
purposes of this subsection "adequate sanitation" means a portable toilet,
compost toilet or other method of wastewater disposal which is approved by the
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state Department of Health for the use as described herein on the particular
property and which is in compliance with all other applicable statutes,
ordinances rules and regulations including any County plumbine, electrical or
other codes Failure to properly service and maintain such adequate sanitation
exemption from sewer connection for any other tent or structure on the property."
SECTION 2. Chapter 5, article 1, section 5-1.0.8, Hawaii County Code 1983 (2005
Edition, as amended) is amended by amending subsection (c) to read as follows:
"(c) Temporary Permit Required. No person, firm, or corporation shall erect any tent
or mobile structure which is to be used for commercial or religious purposes, such as rallies,
festivals, amusements, and sideshows, without first obtaining a temporary permit for the tent
or structure from the building official. To secure a permit, approval must also be obtained
from the chief of the fire department. A permit for a tent or mobile structure shall be limited
to a period of not more than thirty consecutive days and may be canceled for cause by the
building official or the fire department at any time before expiration of the time stated in the
permit. Upon cancellation or upon the expiration of the time stated in the permit the
structure or structures shall be promptly removed. However, the permit may be renewed
when approved by the building official. Except as otherwise permitted in this section [Ne]
no tent of canvas, plastic, or similar material or a structure of similar type shall be used for
residence purposes."
SECTION 3. Chapter 21, article 2, section 21-5, Hawaii Count Code 1983 (2005
Edition, as amended) is amended by amending subsection (a) to read as follows:
"(a) Owners of all dwellings, buildings, or properties used for human occupancy,
employment, recreation, or other purposes, which are accessible to a sewer are required at
their expense to connect directly with the public sewer within one hundred eighty days after
date of official notice. Tents or other similar structures used for temporary occupancy durine
construction of permanent dwelling units when allowed under section 5-1.0.8, subsection
(a) naraQraph (19) are exempt from the provisions of this subsection."
SECTION 4. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need
not be included.
SECTION 5. Severability. If any provision of this ordinance or the application thereof
to any person or circumstance, is held invalid, such 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 to be severable.
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SECTION 6. This ordinance shall take effect upon its approval.
INTRODUCF,D BY:
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COUNCI MBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE, Conan. 286