HomeMy WebLinkAboutORD 1967-094ORIGINAL'
ILL id0. 449
COUid'ii' OF IiAIlAII - S"ir 1'E OF iu'.AII
Ot~llIf:is~;CE i'0. ~4
Ati ORDIIdAidCE RELriTI1vG TO i~]Ii~1Ii.'iUl IiOUSIi,iC REQUIREi~~IdTS AND STAiQDARDS
Ai~~D PROVIDING FOR TFiE ENFORCEiaEi~~iT OF SUCf-i riOUSI IdG REQUIREP,4EI1^!S AidD
STAIIDARDS .
i3E IT ORDAIfdEll BY 'i'HE BOARD OF SUPERVISORS OF `PHE COUidTY OF
HAWAII:
SECTIO1 1. Revised Ordinances of the County of Hawaii 1967,
as amended, is hereby further amended by adding thereto a new
ordinance relating to minimum housing requirements and standards
and providing for the enforcement of such housing requirements
and standards to read as follows:
"AR1^ICLE 1--TITLE FhiJD SCOPE
Section H-101. This ordinance shall be known as the
'Housing Code,' :aay be cited as such, and Drill be referred to
herein as 'this Code.'
Section ii-102. The purpose of this Code is to provide
minimum requirements for the protection of the health, safety,
morals and welfare of the general public and the ovaners and
occupants of buildings in the County of Hawaii and for the
protection of property in said County from blighting influences.
Section H-103 (a) APPLICATIOid. The provisions of this
Code shall apply to all buildings or portions thereof used, or
designed or intended to be used, for human habitation in the '
County of Hawaii. Human habitation of existing buildings which
are not substandard may be continued.
timere any building is used or intended to be used as a
combination apartment house-hotel, the provisions of this Code
relative to each part of such combination shall apply to such
part 8s if it were a soparate building.
Every rooraing house or lodging house shall comply with all
the requirements of this Code for dwellings.
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(b) tiLTERfiTIO1. P/lten alterations, additions or repairs are
made to an existing building, such alterations, additions or
repairs shall conform to the provisions of this Code.
(c) RELOCATION OF BUILDINGS. Existing buildings which
are moved or relocated shall be considered new buildings and
shall comply with the requirements of this Code.
(d) RELOCATIOP~ OF PERSONS. ~Jhenever families are required
to relocate as a result of housing code enforcement, the 3uilding
Official shall assist the families affected in locating houses
that meet their needs.
tiRTICLE 2--ENFORCE+t~I1T
Section H-201. (a) AUTrORITY. The Building Official is
hereby authorized and directed to administer and enforce all of
the provisions of this Code.
(b) RIGHT OF EIITRY. Upon presentation of proper credentials,
the Building Official or his duly authorized representatives nay
enter at reasonable times any building, or premises in the County
of Hawaii to perform any duty imposed upon him by this Code,
provided that such entry shall be made in such manner as to cause
the least possible inconvenience to the persons in possession, and
provided further that an order of a court authorizing such entry
shall be obtained in the event such entry is denied or resisted.
(c) RESPOPISIBILITIES DEFINED. The owner of a building shall
be liable for violations of the requirements of this Code even
though the duty to comply with such requirements may also be
imposed on the occupants of his building by this Code or by
agreement.
Section H-202. Buildings which are substandard, as defined
bq this Code, are hereby declared to be public nuisances.
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Section H-203. HOUSIiviG ADVIaORY ~1IQD fiPPEALS BOARD. In order
to provide for reasonable interpretations of the provisions of
this Code, there is hereby created a Housing Advisory and Appeals
Board, consisting of five members who are residents of the County
of Hawaii and qualified to pass upon matters pertaining to housing.
The members of the Housing Advisory and Appeals Board shall be
appointed by the Chairman and Executive Officer with the approval
of the Board of Supervisory but no more than three members shall be
from one political party, The term of office of the members of the
Housing Advisory and Appeals Board shall be five years from and
after the date of their respective appointments; provided, that
upon the initial appointments one member shall be appointed for a
term ending June 30, 1968, one for a term ending June 30, 1969,
one for a term ending June 30, 1970, one for a term ending June 30,
1971, and one for a term ending June 30, 1972. Any vacancy shall
be filled by appointment for the remainder of the unexpired term.
The Board shall adopt reasonable rules and regulations for
conducting its investigations and shall render all decisions and
findings in writing to the Building Official with a duplicate to
the appellant and may recommend to the Board of Supervisors such
new legislation as is consistent therewith. The Department of
Public Works shall provide a secretary to the Housing Advisory and
Appeals Board.
In order that the provisions of this Code may be reasonably
applied, public health and safety secured, and substantial justice
done in instances where practical difficulties or undue limitations
are encountered, or unnecessary and unreasonable hardship result
from their application, the Building Official on his own motion
or upon request of any interested party may grant a variance permit
upon such terms and conditions and for such period of time as the
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r
lads r;;ay eaarra:;t.
Section ~-204. It shall be unlat~.=fu1 fer any person to
maintain a pu.'olic nuisance as declared cl defined in this Code
or to do anything, or permit anything to be done, or to use or
occupy any building in the County of Fativaii, contrary to or in
violation of- any of the provisions of this Codo. It shall further
be unlawful to nraintai_~ and keen any buildinc in the County of
Iawaii to iahich anything has been done contrary to or in violation
of any such provisionso
r'~ny person violating any of the provisions of this Code
shall be guilty of a separate offense for each and every day or
portion therecf during ~'inich any violation of any of the provisions
of this Code is committed, continued, or permitted, and upon
conviction of any such violation, such person shall be punishable
by a fine of not more than X300.00.
,_tTICLh 3--1iiUPLClIOi~~S
Section F.-301, gill ~uiiciincrs anc structures e~ithin the
scope of this Code shall be sucject to inspection by the Building
Official as prgvided ir, Subsection: (,~) of Section H-201 of this
Code.
I~t~TICLh 4--DI;FIi;ITIOiS
Section h-401. I'cr the purposes of this Code, the followinc;
words and phrases shall have the definitions prescribed in this
section, unless it is apparent frorl the ccntext that a different
meaning is intended. irVords and pizrases not defined in this
section shall have the definitions prescrii~ed in the building
code, unless it is apparent from, the context that a different
meaning is intended.
tiPABiP•'i~i~iT, llpartrient shall *_ean a dwellinc; unit as defined
in this Code.
_ r~ _
!:PAYii;,iri r:OliSE. i:~uildinci or a portion thereof, designed
or delaised to oe occupied, or occupied, by Three or l.lore families
living independently of each other in dti~relling units or efficiency
living units.
isAS1I,I1;ilT. ~asemer:t is that portion of a building beti•reen
floor and ceiling, which is partly below ar.d partly above grade
(as defined in this iirticle), but so located ~I,hat the vertical
distance from grade to the floor below is less than the vertical
distance from grade to ceiling. (See definition of- 'Story.')
t301iRDIiIG h0U5h. lloarding house is a lodging house in which
meals are provided.
ijUILDIidG. 3uilding shall mean any building or structure,
or portion thereof, which is used, or designed or intended to
17e Used fOY human ha}Jl tail On, i-OY 11 V1 r1:~, sleeps ng, COOi:l ng, OY
eating purposes or arty ccrticination thereof. It does not include
any jail, hospital, asylum, sanitarium., orphanage, -prison.,
detention home, cr other institution.n ti~r'nich nul:ran beings are
housed and detained under local restrailit.
3UILDI1G, r.XISTIiJC. Existinc building is a building: erected
prior to the adoption of this Code, or orie for which a legal
building permit has been issued.
LUILDIiC OFFICItIL. Luilding Official is the officer charged
with the administration, and enforcement of this Code, or his
regularly authorized deputy.
CEILI1dG IiEIGI1T. Ceiling height shall be the clear vertical
distance from the finished floor to the finished ceiling.
CELLt"ll~. Cellar is +,hat portion cf a building between floor
and ceiling which is wholly or partly beloo~ grade (as defined in
this i,rticle) and so to cat-~d that the vertical ~,i~aance from
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grade to the floor ;~elo~.a is equal ~Cc or -;neater than file vertical
distance from trade to ceiling. (See definition of 'Story,')
CORIdEt~ LOT. A lot situated at the junction of two or Wore
public streets or alleys tivhioh are not less than twenty feet (20')
in width, with a boundary line bordering each of the streets or
alleys.
COt7121. Court i~ an open, unoccupied space extending not
more than twenty-four inc'_Zes (24") ~eioc/ finish grade and :Hounded
on two or more sides ~oy the walls of the building. An inner
court is a court entirely within, the exterior walls of a building.
till other courts are outer courcz,
DOFLIITORY. Dormitory is a noon occupied by n.ore than two
guests.
lltiIELLI1dG. Dwelling is any builcling or any portion thereof,
YI]"l1 Ch 1S nOt an 'f~pd YtI:lent x'10 `uS @,' a 'LO drjl nC, I~:o u52,' Or d 'HOtel'
as defined in this ':cde, urhich contcll?s one or two 'llr,*elling
Un1tS' OY 'CiUest I'~OOP15,' uS ed, llit ended, Or dv'51C;'n ed t0 b2 }JU11t,
used, rented, leased, let, cr hi rod out to be occupied, or which
are occupied for living purposes.
DVdELLIiVG U}dIT. Dwelling unit is a suite of two or sore
hai~itable rooms which are occupied or which are intended or
designed to be occupied by one f-ar.Iily i~ith facilities for living,
sleeping, cooking and dining.
EFr'ICIE1vCY LI~TIdG UP1IT. Efficiency living unit is any room
havinc cooking facilities used for coribined living, dining, and
sleeping purposes and meeting the requirements of Section tI-503 (b),
r;rception.
EYI'T. Exit is a continuous and unobstructed means of egress
to a public way, and shall include intorvening doorways, corridors,
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ra...:ps, stairways, smokeproof enclosures, horizontal exits, exit
courts, and yards.
FAP~IILY. Family is an individual or two or more persons
related by blood or marriage, or a group of not more than five
persons (excluding serva.nts), who need not be related by blood
or marriage, living together in a dwelling unit.
GRADE (GROUiQD LEVEL). Grade (Ground Level) is the average
of the finished ground level at the center of all walls of a
building. In case walls are parallel to and within five feet
(5') of a sidewalk, the above ground level shall be measured at
the sidewalk.
GUEST. Guest is any person hiring or occupying a room for
living or sleeping purposes.
GUEST ROOD4. Guest room is any room or rooms used, or
intended to be used, by a guest for sleeping purposes.
HA3ITA;3LE ROOiS. fal>itable room shall mean any room meeting
the requirements of this Code for sleeping, living, cooking or
dining purposes excluding such enclosed places as closets,
pantries, bath or toilet rooms, service rooms, connecting
corridors, laundries, unfinished attics, foyers, storage spaces,
cellars, utility rooms and similar spaces.
HEALTH OFFICER. The Director of Health of the Department of
Health, State of Hawaii.
HOT 4JATER. Hot water shall be water at a temperature of not
less than 120° F.
HOTEL. Hotel is any building containing six or more guest
rooms intended or designed to be used, or which are used, rented
or hired out to be occupied, or which are occupied for sleeping
purposes by guests, whether rent is paid in money, goods, labor,
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or otherwise. ^lhe terra 'hotel' shall include motels and tourist
courts. It does not include any jail, hospital, asylum, sanitarium,
orphanage, prison, detention home, or other institution in which
human beings are housed and detained under legal restraint.
INTERIOR LOT. Interior lot is a lot other than a corner
lot.
KITCHEN. Kitchen shall mean a room used, or designed to be
used, for the preparation of food.
LODGING HOUSE. Any building or portion thereof, containing
not more than five guest rooms which are used by not rnore than
five guests where rent is paid in money, goods, labor or otherwise.
1iJISANCE. The following shall be defined as nuisances:
(a) Any public nuisance known at common law or in equity
jurisprudence.
(b) Any attractive nuisance which may prove detrimental
to children whether in a building, on the premises of
a building, or upon an unoccupied lot. This includes
any abandoned wells, shafts, basements, excavations
or unfenced man-made swimming pools; abandoned
refrigerators and motor vehicles; or any structurally
unsound fences or structures; or any lumber, trash,
fences, debris, or vegetation which may prove a hazard
for inquisitive minors.
(c) Odhatever is dangerous to human life or is detrimental
to health, as determined by the Health Officer.
(d) Overcrowding a room with occupants.
(e) Insufficient ventilation or illumination.
(f) Inadequate or unsanitary sewe-rage or plumbing facilities.
(g) Uncleanliness, as determined by the Health Officer.
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(h) ilhatever renders air, food, or drink unwholesome or
detrimental to the health of human beings, as determined
by the Health Officer.
GCCUPIED SPACE. The total area of all buildings or structures
on any lot or parcel of ground prcjected on a horizontal plane
excluding permitted projections as alioweci by this Code.
ROOP9ING HOUSE. A lodging house.
SERVICE ROOM. Service room shall mean any room used for
storage, bath or utility purposes, and not included in the
definition of habitable rooms.
STORY. Story is that porti.or, of a building included between
the upper surface of any floor and the upper surface of the floor
next above, except that the topmost story shall be that portion
of a building included between the upper surface of the topmost
floor and the ceiling or roof above. If the finished floor level
directly above a basement or cellar is more than six feet (6')
above grade, such basement or cellar shall be considered a story.
SUBSTANDARD BUILDIiJG. A substandard building as defined
in Section H-1001 of this Code.
SUPERFICIAL FLOOk liREA. Superficial floor area shall mean
the net floor area within the enclosing walls cf the room in which
the ceiling height is not less than five feet (5'), excluding
built-in equipment such as wardrobes, cabinets, kitchen units,
or fixtures.
URBAN AREA. Urban area sha_11 mean any closely settled
community.
USED. Used shall mean used or designed or intended to be
used.
VENT SHAFT. Vent shaft is a court used only to ventilate
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or light a water closet, bath toilet, or utility room or other
service room.
ITINDOPJ. tiJindow shall mean a glazed opening, including
glazed doors, which open upon a yard, court, or recess from a
court, or a vent shaft open and unobstructed to the sky.
YARD. Yard is an open, unoccupied space, other than a court,
unobstructed from the ground to the sky, except where sjecifically
provided by this Code, on the lot on which a building is situated.
ARTICLE S--SPACE AiJD OCCUPANCY STAiJDARDS
Section H-501. (a1 ACCESS TO PUBLIC PROPERTY. All buildings
shall be located with respect to property lines and to other buildings
on the same property as required by this Code, the Building Code
and all statutes, regulations and ordinances applicable to
buildings. Each dwelling unit and each guest room in a dwelling
or a lodging house shall have access to a passageway, not less than
three feet (3') in width, leading to a public street or alley.
Each apartment house or hotel shall have access to a public street
by means of a passageway not less than five feet (5') in width.
(b) OCCUPIED SPACE. Interior lots occupied by buildings
within the scope of this Code shall have not more than 50 per cent
of the lot in occupied space. Corner lots used for such buildings
shall have not more than 75 per cent of the lot in occupied space.
The provisions of this subsection shall not apply in apartment
and apartment-hotel zones to lots occupied by buildings which
conform to the provisions of Ordinance DIo. 63, Revised Ordinances
of the County of Hawaii 1967, relating to zoning.
Section H-502. (a) SCOPE. This Section shall apply to all
yards and courts, provided that in business and industrial zones
the provisions hereof shall only apply to yards and courts having
required windows opening therein, and provided further that the
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provisions of Subsections (b) and (c) hereof shall not apply in
Apartment and Apartment-Hotel zones to buildings which conform to
the provisions of Ordinance i~o. 63, Revised Ordinances of the
County of Hawaii 1967, relating to zoning.
(b) YARDS. Yard space shall be x;rovided as follows:
1. Between a building and a lot boundary other than
a boundary bordering a public street or alley.
(aa) For a building one story in height, not less
than five feet (5').
(bb) For a building two stories in height, not
less than ten feet (10').
(cc) For a building more than two stories in
height, not less than ten feet (10') plus
one foot (1') for each story above two (2).
2. Between buildings on the same lot. Yard space shall
be provided as above from an assumed lot boundary
located between but not necessarily equidistant
from the buildings.
3. (then the distance from any building to a lot boundary
line is reduced to less than that required by items
1 and 2 of this Subsection, or any other provision
of law, through a change or establishment of a
boundary line, said building shall be moved and/or
altered to meet all requirements of said items or
provision.
(c) COURTS. Adequate access shall be provided to the bottom
of all courts for cleaning purposes.
For a court bounded by walls not more than twenty feet {20')
in height, no width or length thereof shall be less than ten feet
(10') or the height of the walls, whichever is greater. For a
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court bounded by walls riore than twenty feet (20') in height, no
width or lengtYt thereof shall be less than twenty feet (20') plus
two feet (2') for each ten feet (10`), or portion thereof, above
twenty feet (20'). L9hen the vaalls of a court vary in height,
the average of their heights shall he considered the height of
the walls and when a court is irregular or gore-shaped, the average
width or length shall be considered the width or length thereof.
Z-dhen such court is an inner court, a horizontal air inta;:e
not less than twenty-one square feet (21 sq. ft.) in area and
leading to the exterior of the building shall be provided at the
bottom. The construction of such air intake shall conform to the
requirements for court walls, but shall not be less than one-hour
fire-resistive.
(d) PROJECTIOTQS Ii'JTO YARDS. Eaves, cornices and other
projections projecting into any required yard shall not obstruct
a required exitway or be nearer than thirty inches (30") to a lot
boundary line and projections other than eaves, cornices and
stairways shall not project more than four feet (4') into any
required yard space.
Section H-503. (a) CEILIIIG HEIG"nT. Habitable rooms in
all buildings shall have a ceiling height of not less than seven
feet, six inches (7' 6"). Service rooms in all buildings shall
have a ceiling height of not less than seven feet (7'). In rooms
with sloping ceilings the required ceiling height shall be provided
in at least 50 per cent of the room and no portion of any room
having a ceiling height of less than five feet (5') shall be
considered as contributing to the minimum areas required by
Subsection (b) of this Section.
(b) SUPERFICIAL FLOOR f2EA. Every dwelling unit shall have
a room, other than a room used fo:r sleeping purposes, with not
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less than one hundred and t~~enty square feet (120 sq, ft.) of
superficial floor area. Every room which is used for both cooking
and living or both living and sleeping purposes shall have not
less than one hundred and fifty square feet (150 sq. ft.) of
superficial floor area. Every dwelling unit shall have a room used
for sleeping purposes with not less than one hundred and twenty
square feet (120 sq. ft.) of superficial floor area and every other
room used for sleeping purposes may have not less than seventy
square feet (70 sq. ft.) of superficial floor area. Every room
used for sleeping purposes shall have not less than fifty square
feet (50 sq. ft.) of superficial floor area for each occupant.
Every kitchen shall have not less than fifty square feet (50
sq. ft.) of superficial floor area.
EXCEPTIOIQ: Plothing in this Section shall prohibit the use of
an efficiency living unit meeting the following requirements:
1. Such efficiency living unit shall have a living room
of not less than two hundred and twenty square feet (220 sq. ft.)
of superficial floor area. hn additional one hundred square feet
(100 sq. ft.) of superficial floor area shall be provided for each
occupant of such unit in excess of two.
2. Such efficiency living unit shall be provided with a
separate dressing closet of such size as to provide for adequate
circulation and storage.
3. Such efficiency living unit shall be provided with a
kitchenette not less than three feet by five feet (3' x 5') in
size. Such kitchenette shall be accessible from the living room
or foyer only, shall be equipped with a tenant-operated electric
exhaust fan connected to the outside air, and shall be equipped
and arranged for complete kitchen use.
4, Such efficiency living unit shall be provided with a
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separate ioathroom meeting the regsirements of this Code.
(c) ~dIDTH. Habitable rooms, other than kitchens, shall not
be less than seven feet ('1') in any dimension.
Section H-504. (a) HABITABLE P.OOP,S. A habitable room shall
have an aggregate windotio area of not less than or,e-eighth of the
gross floor area or twelve square feet (12 sq, ft.), whichever is
greater.
(b) SERVICE R00'r;i. Service rooms, except closets and other
rooms which are not designed for occupancy by human beings, shall
have an aggregate window area of not less than one-twelfth of the
gross floor area or six square feet (6 sq. ft.), whichever is
greater, provided that the aggregate window area of such rooms in
dwellings and lodging houses may be not less than five per cent
(5`!0) of the gross floor area or three square feet (3 sq, ft.),
whichever is greater.
(c) PORCHES. Required windows shall open on a street, yard,
or court either directly or through a porch having a minimum clear
height of not less than seven feet (7'). Such porch shall be at
least 50 per cent open on at least one side or on both ends.
(d) OPEIdABLE iIINDOti'T AREi~. One-half of the required window
area in all rooms shall be openable.
(e) HALLt~IAYS. All public: hallways, stairs, and other
exitways shall be adequately lighted at all times in accordance
~~ith the Building Code.
(f) PQECHAidICAL VEIdTILATIOIv'. en approved system of mechanical
ventilation or air conditioning may be used in lieu of openable
windows. Such system shall provide not less than four air changes
per hour, except that in toilet compartments such system shall
provide a complete air change every five minutes.
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All bathrooms, lavatories and toilet compartments which are
ventilated by mechanical ventilation shall have fixed openings,
from adjacent rooms or corridors or from other approved sources,
which are sufficient to provide an inflow of air necessary to make
exhaust ventilation effective. T.he exhaust air from bathrooms,
lavatories and toilet compartments shall not '.oe recirculated.
Exhaust duct systems for toilet compartments and bathrooms shall
be separate from the exhaust duct systems for other portions of a
building.
Toilet compartments, bathrooms and kitchens ventilated in
accordance with this Subsection, may be provided with artificial
light. iThen a water closet in a bathroom or toilet compartment
is completely enclosed by partitions, such enclosure shall be
separately lighted and ventilated.
Systerns of mechanical ventilation installed to comply with
the provisions of this Code shall be I:ept in good working order
and in continuous operation at all times during occupancy of the
room served by such system. A7.1 openings to ventilators shall
be ratproofed.
Section H•-505. (a) DtiTELLLEG UidITS. Every dwelling unit
shall be provided with a water closet, a lavatory, and a bathtub
or shower.
(b) HOTELS, i^There private water closets, lavatories, and
baths are not provided, there shall be provided on each floor
for each sex at least one water closet and lavatory and one bath
accessible from a public hallway. Additional water closets,
lavatories, and baths shall be provided on each floor for each
sex at the rate of one for every additional 10 guests, or fractional
number thereof, in excess of 10
Such facilities shall be clearly
marked for `I.Ien' or 'tiTomen.'
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(c) i:ITCHEN. Each dwelling unit shall be provided with a
kitchen. Each '_:itchen shall have accessible storage space for
food and utensils, and space for such activities and equipment
needed to use the kitchen for the preparation of food. Every
Kitchen shall be provided with a kitchen sink. No wooden sink or
sinK of similarly absorbent material shall be permitted.
(d) FIXTURES. All plumbing fixtures shall be connected to
a sanitary sewer or to an approved private sewage disposal system.
All plumbing fixtures shall be connected to an approved system
of water supply and provided with hot and cold running water, except
water closets shall be provided with cold water only.
All plumbing fixtures shall be of an approved glazed earthenware
type or of a sinularly nonabsorbent material.
(e) 6dATER CLOSET COD7PARTDIEPITS. Pdalls and floors of water
closet compartments shall be finished in accordance with the
3uilding Code, provided that such walls and floors in dwelling and
lodging houses may be finished with approved nonabsorbent materials.
(f) ROOI:i SEPARATIOT~S. Except in an efficiency living unit,
no room used for the preparation of food shall be used for sleeping
purposes and no room housing a oaater closet shall open directly
into any room used for the preparation of food.
(g) IIQSTALLATIOTd AT1D I~IAINTENAI~CE. All sanitary facilities
shall be installed and maintained in safe and sanitary condition
and in accordance with all applicable laws.
Every water closet, bathtub, or shower required by this Code
shall be installed in a room which will afford privacy to the
occupant.
(h) ACCESS TO BATHROOT+i. Tdo dwelling or dwelling unit
containing two or more guest rooris shall have such room arrangements
that access to a bathroo:~t cr water closet compartment intended
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for use by occupants of more than one sleeping room can be had
only by going through another sleeping room: nor shall room
arrangements be such that access to a sleeping room can be had
only by going through another sleeping room or a bathroom or water
closet compartment.
(i) CLEAI~ILIivESS. Buildings shall be kept in a clean, sanitary
and safe condition. l~pproved devices, equipment or facilities for
the prevention of- insect and rodent infestation and such sanitary
facilities as may be required by the public health regulations
of the State of Hatioaii or the Health Officer shall be furnished
and maintained in all buildings. Rubbish, garbage and other organic
waste shall be disposed of in a Wanner required by said public
health regulations and approved by the Health Officer.
Tlithout linuting the requirements of the above provision,
dwelling units and efficiency living units shall be '_cept in a
clean sanitary and safe condition by their occupants, and such
occupants shall dispose of their rui~bish, garbage and other
organic waste in the manner prescribed above and shall furnish
and maintain such approved devices, equipment or facilities as
may be necessary and required by said public health regulations
or the Health Officer to keep their units safe and sanitary.
(j ) CONSTRUCTIOPI UPOPd FILLED LtiIQD. No building shall be
erected upon land which has been filled in crith refuse or garbage
or any substance dangerous to the public health, unless the site
upon which such building is to be erected has been inspected by
the Health Officer and found to be sanitary.
tiRTICLE 6--STRUCTUI2~1L REQUIREi~iEPdTS
Section H-601. (a) GEld1;RFsL. Buildings or structures may be
of any type of construction permitted by the Building Code. Roofs,
floors, walls, foundations, and all other structural components of
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buildings shall be capable of resisting the forces and loads
required by the Building Code. 1'11 structural elements shall be
proportioned and joined in accordance with the stress limitations
and design criteria as specified in tine appropriate sections of
the Buildinc! Code. Buildings of every permitted type of construction
shall comply oaith the applicable requirements of the Building Code.
(b) SIiELTER. Every building shall be weather protected so
as to provide shelter for the occupants against the elements and
to exclude dampness.
(c) PROTECTIOIQ OF 1~1t1TERIALS. All wood shall be protected
against termite damage and decay as provided in the Building Code.
ARTICLE 7--MECHANICAL REQUIREI'.4EI1TS
Section H-701. (a) FiEATI1dG, iThen provided, heating facilities
in dwelling units shall be installed and maintained in a safe
condition and in accordance faith the Building Code and all statutes,
regulations and ordinances applicable to heating facilities. Ido
unvented or open flame cas heater shall be permmitted. All heating
devices or appliances shall be of an approved type.
(b) ELECTRICAL EQUIPI~dT. All electrical equipment, wiring,
and appliances shall be installed and maintained in a safe manner
in accordance with all applicable laws. x.11 electrical equipment
shall be of an approved type.
l9here there is electrical power available within three hundred
feet (300') of the premises of any building, such building shall be
connected to such electrical power. Every habitable room shall
contain at least two supplied electric convenience outlets or one
such convenience outlet and one supplied electric light fixture.
Every water closet compartment, 'aathroom, laundry room, furnace
room, and public hallway shall contain at least one supplied
electric light fixture.
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(c) VENTILATIOIJ. Ventilation for rooms and areas and for
fuel-burning appliances shall be provided as required in the
Building Code and in this Code. Ventilating equipment shall be of
approved types, installed and maintained in a safe manner and in
accordance with the Building Code and all other applicable laws.
l-there mechanical ventilation is provided in lieu of the natural
ventilation required by Section }-504 of this Code, such mechanical
ventilating system shall be maintained in operation during the
occupancy of any building o.r portion thereof.
ARTICLE 8--EXT..TS
Section Fi-BOl. Every dwel~ing unit or guest room shall have
access directly to the outside or to a public corridor. All
buildings or portions thereof shall be provided with exits,
exitways, and appurtenances as required by the Building Code.
AIZ^lICLE 9--FIRE PROTECTIOid
Section H-901:: All buildings or portions thereof shall be
provided with the degree of fire-resistive construction as
required by the Eiuilding Code .for the appropriate occupancy, type
of construction, and location on property or ir, fire zone; and
shall be provided with the appropriate fire-extinguishing systems
or equipment required by the Building Code,
ARTICLE 10--SUBS^lAiJDARD BUILDID?GS
Section H-1001. (a) GENERAL. Any building or portion
thereof including any dwelling unit, guest room or suite of rooms,
or the premises on which the same is located, in which there
exists any of the following listed conditions to an extent that
endangers the life, limb, health, property, safety, or welfare
of the public or the occupants thereof shall be deemed and hereby
is declared to be a substandard building:
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(b) I11i-IDEQU1-i^1E SAiIITIlTIO1~i, t~hich shall include but not be
limited to the following:
1. Laclc of or improper water closet, lavatory, bathtub or
shower in a dwelling unit,
2. Lack of, or improper water closets, lavatories, and
bathtubs or showers per number of guests in a hotel.
3. Lack of, or improper kitchen sink.
4. Lack of hot and cold running water to plumbing fixtures
in a hotel.
5. Lack of hot and cold running water to plumbing fixtures
in a dwelling unit or efficiency living unit.
6. Lack, or improper operation of required ventilating
equipment.
7. Laclc of minimum amounts of natural light and ventilation
required by this Code.
8. Room and space dimensions less than required by this Code.
9. Lack of- required electrical lighting.
10. Dampness of habitable rooms.
11. Infestation of insects, vermin or rodents as determined
by the Health Officer.
12. General dilapidation or improper maintenance.
13. Laclc of connection to approved sewage disposal system.
14. Lack of adequate garbage and rubbish storage and removal
facilities as determined by the Health Officer.
(c) S^1RUCTUtZ/~L HtiZHRDS, which shall include but not be
limited to the following:
1. Deteriorated or inadequate foundations.
2. Defective or deteriorated flooring or floor supports.
3. Floorinc, or floor supports of insufficient size to carry
imposed loads with safety.
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4. iler:wers of walls, partitions, or other vertical supports
that split, lean, list, or TucT_le due to defective material or
deterioration.
5. Pieribers of tiaalls, partitions, or other vertical supports
that are of insufficient size to carry imposed loads with safety.
6. T~4embers of ceilings, roofs, ceiling and roof supports or
other horizontal members which sag, split, or buckle due to
defective material or deterioration.
7. P.4embers of ceilings, roofs, ceiling and roof supports, or
other horizontal members that are of insufficient size to carry
imposed loads with safety.
S. Fireplaces or chimneys which list, bulge, or settle, due
to defective raterial or deterioration,
9. Fireplaces or chimneys which are of insufficient size or
strength to carry imposed loads with safety.
(d) TdUISAT4CE. tiny nuisance as defir:ed in this Code.
(e) HAZr~T2D0US [dlRIidG. All wiring except that irhich conformed
with all applicable laws in effect at the time of installation and
which has been maintained in good condition and is being used in a
safe manner.
(f) HAZARDOUS PLUT~'E3IP1G. X11 plumbing except that which
conformed with all applicable laws in effect at the time of
installation and which has been maintained in good condition and
c•rhich is free of cross connections and siphonage between fixtures.
(g) IiALr'iRDOUS ~.4ECH[~1dICAL EQUIPlEidT. All mechanical
equipment, including vents, except that which conformed with all
applicable laws in effect at the time of installation and which
has been maintained in good and safe condition.
(h) FAUL`1'Y ~iJEATHER PROTECTIOr, which shall include but not
be limited to the following;.
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1. Deteriorated, crumbling, or loose plaster.
2. Deteriorated cr ineffective waterproofing of exterior
walls, roof, foundations, or floors, including broi:en windows or
doors.
3. Defective or lack of weather protection for exterior wall
coverings, including lac;:: of paint, or weathering due to lack of
paint or other approved protective coves~ing.
4. Broken, rotted, split, or buckled exterior wall coverings
or roof coverings.
(i) FIRE H1',ZdRD. tiny building or portion thereof, device,
apparatus, equipment, combustible waste, or vegetation which, in
the opinion of the Chief of the Fire Department or his deputy, is
in such a condition as to cause a fire or explosion or provide a
ready fuel to augment the spread and intensity of fire or explosion
arising from any cause.
(j ) FFIULTY ~-IXTERIALS OF COiVSTRUCTIOid. 1111 materials of
construction, other than
maintained in a good and
allowed or prescribed by
approved by the 3uilding
the Building Code, relat:
methods of construction.
those which (1) have been adequately
safe condition and (2) are specifically
this Code and the 3uilding Code, or
Official pursuant to the provisions of
_ng to approval of alternate materials and
(k) fAZt~liDOUS OR UdShidITARY PREi+ISES. Those premises on
which an accumulation of weeds, vegetation, junk, dead organic
matter, debris, garbage, offal, rat harborages, stagnant water,
combustible materials, and similar materials or conditions
constitute fire, health, or safety hazards.
(1) Ii`1ADEQU1vTE iIF~Ii;TEidEiiJCE. yny building or portion thereof
which is determined to 'ae an unsafe building in accordance with the
Building Code.
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(m) ItJtiDEQU`~TE EnITS. i,11 buildings or portions thereof
not provided with adequate exit facilities as required by this
Code except those buildings, or portions thereof whose exit
facilities conformed with all applicable laws at the time of their
construction and which have been adequately maintained and increased
in relation to any increase in occupant load, alteration or
addition, or any change in occupancy.
rlhen an unsafe condition exists through lack of, or improper
location of exits, additional exits may be required to be installed.
(n) IQADEQUATE FIRE-PROTECTIOIQ OR FIRE-FIGIiTIPiG EQUIPi~iENT.
Fell buildings or portions thereof which are not provided with the
fire-resistive construction or fire-extinguishing systems or
equipment required by this Code, except those buildings or portions
thereof which conformed with all applicable laws at the time of
their construction and whose fire-resistive integrity and fire-
extinguishing systems or equipment have been adequately maintained
and improved ir, relation to any increase in occupant load, alteration
or addition, or any change in occupancy.
(o ) II4PROPER OCCUPtrI1CY. all buildings or portions thereof
occupied for living, sleeping, cooking or dining purposes which
were not designed or intended to be used for such occupancies.
Section h-1002. (a) CO]:'iPLriI11T. ;whenever it appears to the
Building Official that a building or portion thereof is substandard
or whenever a petition is filed with such official by at least
five residents of the County of Iawaii charging that a building or
portion thereof is substandard and a preliminary investigation by
such official discloses a basis for such charge, such official
shall issue a complaint, statincJ the charges with respect to such
building or portion, and cause it to be served upon the owner of
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record, every mortgagee cf record and every party in interest,
including persons in possession,
Such complaint shall contain a notice that a hearing will
be held before such official or his designated agent at a place
and time therein fixed, which time shall be not less than 10 days
nor Wore than 30 days after service of the complaint; that the
owner, mortgagee or party in interest may each file an answer to
the complaint and appear in person or otherwise at such hearing to
give testimony; and that the rules of evidence prevailing in
courts of law or equity are not controlling in such hearing.
(b) SERVICE OF COi:~PLAINT. Service of such complaint shall
be by personal service upon the owner of record, every mortgagee
of record and every party in interest, if he shall be found within
the County. If any such person is not found within the County,
such service may be made upon such person by registered mail; in
such case, the date of service of such complaint shall be the date
on which he actually receives such complaint.
If the whereabouts of any such person is un.L-nown and the same
cannot be ascertained by the Building Gfficial in the exercise of
reasonable diligence, and the Building- Official makes an affidavit
to that effect, service of- such complaint may be made by publishing
the same once each wee:c for two consecutive weeks in a daily
newspaper printed and published in the County.
R copy of such complaint shall- be posted in a conspicuous
place on the premises affected by the nctice. A copy of such
complaint shall also be filed with the registrar of conveyances
or, in the case of registered land, with the assistant registrar
of the Land Court as provided in Section 342-69 of the Revised
Laws of Hawaii 1955.
(c) HERRING AIdD ORDERS. If, after service of- such complaint
and such hearing, the Building Official finds that the building
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or portion of a building is substandard, he shall state his
findings of fact, conclusions of lai7, decision and order in
writing and shall order such building or portion to be vacated
and repaired or rehabilitated in such manner and in such respects
as to render such building or portion not substandard and may
require that such repairs or rehabilitation be commenced within
thirty (30) days and completed within ninety (90) days after
service of such order, or within such further time as such official
may allow. If the cost of such repairs or rehabilitation exceeds
75 per cent of the cost of replacement of the entire building or
portion, he shall order such building or portion, demolished and
removed.
Such findings of fact, conclusions of law, decision and order
and written findings shall be served, posted on the affected
premises and filed with the registrar of conveyances or assistant
registrar of the Land Court in the same manner as the complaint.
Such hearing shall be conducted in accordance with, and such
findings of fact, conclusions of law, decision and order shall
conform to, the provisions of Chapter 6C, Revised Laws of Hawaii
1955, as amended, relating to administrative procedure.
For the purposes hereof, the Building Official and the Housing
ildvisory and Appeals ;3oard shall have the power to administer oaths,
examine caitnesses and receive evidence.
(d) FAILURE TO OBEY ORDER. If the owner fails to comply
with an order of the Building Official to vacate and/or repair,
rehabilitate or demolish and remove the building or portion of a
building, and no injunction or restraining order enjoining or
restraining such official from carrying out provisions of the
order has been issued by a circuit court pursuant to the provisions
of Section 143-60(e), Revised Laws of I:awaii 1955, as amended, the
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.:uilding Official may cause such building or portion to be vacated
and perform the worl~ required by sucks order.
The cost of any such vacation, repairs, rehabilitation or
demolition and removal shall be a lien against the real property
upon which such cost was incurred, tilttere the building or portion
of a building is demolished and removed, the Building Official
shall sell the materials of such building or portion and shall
credit the proceeds of such sale against the cost of the removal
or demolition; any balance remaining, if such proceeds shctelc~.
exceed such cost, shall be deposited with the Clerk of the Circuit
Court of the Third Circuit, State of Hawaii, and disbursed in
accordance with the provisions of Section 143-60(b)(6), Revised
Laws of Hawaii 1955, as amended.
(e) Notwithstanding the provisions of Suk~section (d) above,
the County of Hawaii by its County Attorney may institute any legal
or equitable proceeding to enjoin any violation of this Code or
abate any public nuisance, provided that nothing in this Code
shall be construed to prohibit criminal prosecution of any
violation of this Code.
ARTICLE 11--SEVERt~BILITY
Section H-1101. If any part of this Code is for any reason
declared unconstitutional or invalid, the other separable parts
thereof shall not be affected thereby."
SECTION 2. This ordinance shal]- take effect upon its approval.
IidTIZODUCEU ~3Y:
(aGD ) JOSEPkiI k1E R. YADAO
"upervisor, County o awaii
Hilo, Hawaii
Date of Introduction: July 19, 1967
Date of Adoption: August 30, 1967
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ORDINANCE NO. 94
(Bill No. 449 - 1967)
AN ORDINANCE RELATING TO MINIMUM HOUSING REQUIREMENTS AND
STANDARDS AND PROVIDING FOR THE ENFORCEMENT OF SUCH HOUSING
REQUIREMENTS AND STANDARDS.
This Bill relates to the minimum housing requirements
and standards for the County of Hawaii and provides for the
enforcement thereof and creates a Housing Advisory and
Appeals Board consisting of five (5) members who are residents
of this County and qualified to pass upon matters pertaining
to housing.
Date Introduced: July 19, 1967 - Date Approved:
August 30, 1967 - Date Effective: August 30, 1967
Copies of the foregoing Ordinance, in full, are on
file in the Office of the County Clerk for use and examination
by the public.
~I
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/COUNTY CLEliC
COUNTY OF HAT~II