HomeMy WebLinkAboutORD 1968-118ORDINANCE NG. i18
(Bill No, 485 -- 1968)
AN ORDINANCE ADOPTING THE "UiVIFURNi BUILDING CURE, 1967 EDITIUN~
VOLUME I," BY REFERENCE, IN TOTU~ WITH CERTAIN SUBSTITUTIONS
THERETO.
Date Introduced: Jarxuary 17, 1968 -Date Approved:
April 17, 1968 -- Date Effective: April 17, ].968
Copies of the Foregoing Urc9irrance, in full, arE on
file in the Gffice o£ the. County Clerk for uses and examinat~.on
by the public,
~ ~~
~~~'~ t. c' c ~_ `~c~
COUNTY CLERK
CUUN'PY OF HAWAII
O~~G\NP~
BILL NO, 485
COUivTY OF HAWAII - STATE OF HAWAII
ORDILVANCE NO. 118
AN ORDIidI-u~1CE ADOPTIiVG THE "UNIFORM BUILDING CODE, 1967 EDITION,
VOLUME I," BY REFERENCE, IN TOTO, WITH CERTAIPd SUBSTITUTIONS
THERETO,
BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUiVTY OF HAuJAII:
SECTION 1. The "Uniform Building Code, 1967 Edition, Volume I,"
as copyrighted and published in 1967 by the International Conference
of Building Officials, 50 South Los Robles, Pasadena, California,
in pursuance to Chapter 144-38, Revised Laws of Hawaii 1955, is
adopted as the "Building Code" of the County of Hawaii, except as
hereinafter provided,
SECTION 2, vJherever the word "state" or "city" is used in
the "Uniform Building Code, 1967 Edition, Volume I," it shall
mean the "County of Hawaii."
SECTIOL~ 3. Amend Section 104(a) to read as follows:
"Sec. 104. (a) General. Buildings or structures to which
additions, alterations, or repairs are made shall comply with all
the requirements for ne~•r buildings or structures except as
specifically provided in this Section, provided, nevertheless,
that when any portion of a building is cut or altered by necessity
because of taking for public use, through condemnation proceedings
or otherwise, it shall be lawful to repair the remaining portion
with the same class of materials as had been previously used
therein, provided, however, that such repairs shall serve only to
make the remaining portion of the building whole and not to add
thereto.
"For construction in Fire Zones see chapter 16."
File No. ----.-_._~,,._~
M. 8. No. ~~`~-6; -
JAN 1 7 19fiA _ FFR 7 tORR APR ~ 1 1o~u
SECTIOc. 4, ~'~mend Section 105 to read as follows:
"Sec. 105, Buildings or structures moved into or within the
city shall comply with the provisions of this Code for new buildings
or structures, except in Fire Zone No, 3 where non-conforming
buildings or structures can be moved, provided the condition of
the building moved is considered safe by the Building Official.
See Section 1601(c) for requirements in Fire Zones."
SECTION 5, Amend Section 204 to read as followse
"sec. 204. In order to determine the suitability of alternate
materials and types of construction, to provide for the granting of
waivers of any provision of this Code, excepting engineering
requirements, to provide for the granting of variances from any
of the provisions of this Code and to provide for reasonable
interpretations of the provisions of this Code, there shall be and
is hereby created a Board of Appeals, consisting of five members
who are qualified by experience and training to pass upon matters
pertaining to building construction. One member shall be currently
registered as engineer or architect with the State Board of
Registration for Professional Engineers, Architects and Land Surveyors.
The Building Official shall act as Secretary of the Board, The
members of the Board of Appeals shall be appointed by the Chairman
and Executive Officer and shall hold office for terms of two years.
The members of the Board of Appeals shall be appointed, three for
a period of one year and two for a period of two years; thereafter
every appointment shall be made for a term of two years, commencing
from the date of the expiration of the last preceding term, 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
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decisions and findings in writing to the Building Official with a
duplicate copy to the appellant and may recommend to the Board of
Supervisors such new legislation as is consistent therewith,"
SECTION 6, Amend Section 301(a) to read as followsa
"Sec, 301 (a) Permits Required. No person, firm, or corporation
shall erect, construct, enlarge, alter, repair, move, improve, remove,
convert, or demolish any building or structure in the city, or cause
the same to be done, without first obtaining a separate building
permit for each such building or structure from the Building
Official, The primary responsibility of obtaining said permit
shall be on the owner of the building,"
SECTION 7. Amend Section 301(c) to read as followsc
"(c) Plans and Specifications, 6vith each application for a
building permit, and when required by the Building Official for
enforcement of any provisions of this Code, two sets of plans and
specifications shall be submitted, All plans and specifications
relating to work which affects the public safety and health and
work which falls under the provisions of Chapter 166 of the Revised
Laws of Hawaii 1955, as amended, shall be prepared, designed, or
approved by a duly registered professional engineer or architect as
required by Chapter 166 of the Revised Laws of Hawaii 1955, as
amended,"
SECTION 8, Amend Section 302(a) to read as follows>
"Sec. 302. (a) Issuance, The application, plans and
specifications filed by an applicant for a permit shall be checked
by the Building Official, Such plans may be reviewed by other
departments of the city to check compliance with the laws and
ordinances under their jurisdiction, If the Building Official is
satisfied that the work described in an application for a permit and
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plans filed therewith conforms with this Code and other pertinent
laws and ordinances, he shall prior to issuing a permit therefor
require the applicant to obtain the approval of the County Planning
Commission and the State Department of Health in writing; provided,
further, all applications for permits for the construction of any
building of the type enumerated in Chapter 184, Revised Laws of
Hawaii 1955, as amended, or upon an alteration or addition to any
such building in the County of Hawaii, must first be approved in
writing by the Chief of the FT.ac~aii Fire Department as required by
Chapter 184, Revised Laws of Hacaaii 1955, as amended,
"6~Then the Building Official issues the permit, he shall endorse
in writing or stamp on both sets of plans and specifications
'APPROVED.' Such approved plans and specifications shall not be
changed, modified, or altered without authorization from the
Building Official, and all H:o~k shall be done in accordance with
the approved plans
"The Building Official may issue a permit for the construction
of part of a building or structure before the entire plans and
specifications for the whole building or structure have been
submitted or approved provided adequate information and detailed
statements have been filed complying with all pertinent requirements
of this Code, The holder of such permit shall proceed at his own
risk without assurance that the L~er~~it for the entire building or
structure will be granted,"
SECTION 9, Section 303 is amended by deleting paragraph (b),
SECTION 10, Table No, 3-A on page 31 is amended to read as
follows:
" Total Valuation Fee
Less than $20,00 No fee
$20,00 to and including $100,00 $2,00
Niore than $100,00 to and including $400,00 3,00
Niore than $400,00 to and i-~cluding $700,00 5,00
Niore than $700.00 to and including $1,000,00 6,00
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Each additional $1,000,00 or fraction,
to and including $25,000,00 3,00
Each additional $1,000,00 or fraction,
to and including $50,000,00 2,50
Each additional $1,000.00 or fraction,
to and including $_OO,000,GO 1.50
Each additional $1,000,00 or fraction,
more than $100,000,00 1.00"
SECTION 11. The definition of the word "DUILDING" in
Section 403 is amended to read as followso
"BUILDIiVG is any structure built for the support, shelter, or
enclosure of persons, anirnals, chattels, or property of any kind,
"The term shall include,without limiting the generality of
the foregoing, any structure mounted on wheels or otherwise, such as
a trailer, wagon o~ powered vehicle, which is parked and stationary
and used for business or living purposes, provided, however, that
the term shall not include a mobile trailer, push cart, wagon, or
powered vehicle wh_c:: _.:> used. exclusively for the purpose of selling
any commercial product and which actually travels on public or
private streets,"
SECTIODT 12. Amend Section 404 by adding thereto the following
term:
"CARPORT is a one-story structure not more than one thousand
square feet (1,000 sq, ft,) in area used as a private garage."
SECTION 13, Amend Section 407 by adding thereto the following
terms
"FALLOUT SHELTER is a structure or building whose primary
purpose is to attenuate radiation within limits prescribed by the
Civil Defense Agency."
SECTION 14, Amend Chapter 5 by adding thereto a new Section 510 -
Common Bound a__*y Wall, to read as follows:
"Sec. 510, Common bound.axy walla may be permitted upon
submission of a wri~ten agreement be*~aeen the owners of the properties
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involved for the construction of such a wall, provided such
construction is not in conflict with other pertinent laws and
ordinances.
"The minimum requirements for construction of common boundary
wall shall be as followse
1. The wall shall be of 4-hour fire resistive rating, shall have no
openings, and shall extend a minimum of 4 feet beyond the
exterior wall or to the outer edges of horizontal projecting
elements such as balconies, roof overhangs, canopies, marquees,
or architectural projections.
2. Where the exterior wall at the termination of the common boundary
wall borders a street right-of-way, the exterior wall adjacent
to the common boundary wall shall be not less than 4-hour fire
resistive construction for a distance of two feet on each side
of the common boundary wall.
3. The wall shall extend from the foundation to a point thirty
inches above the roof and where the wall separates buildings of
different heights, the wall shall terminate at a point thirty
inches above the higher roof level.
4, The wall shall be designed to support all loads superimposed
upon it as required by Chapter 23 - General Design Requirements."
SECTION 15. Delete Section 1311.
SECTION 16. Delete Section 1409.
SECTION 17. Amend Section 1411 to read as followsc
"Sec. 1411, h one-story carport which is 100% open on one side
and with 50% net openings on another side or which is provided with
an equivalent of such openings on two or more sides need not have
a fire separation between the carport and dwelling.
"windows between the carport and the dwelling shall not be
openable. Doors may be of any type, provided that any sash used
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in a door be fixed; doors between a dwelling and a carport shall
be self-closing, These requirements may be waived where the carport
is entirely open on two or more sides, but under no circumstances
shall a carport have any opening directly into a room used for
sleeping purposes,"
SECTION 18, Amend Section 1502 to read as follows:
"Sec. 1502. Buildings or parts of buildings classed in Group
J, Division 1 because of the use or character of the occupancy
shall not exceed one thousand square feet (1000 sq, ft.) in area
or one story in height except as provided in this Section, Any
building or portion thereof that exceeds the limit specified in this
Chapter shall be classed in the occupancy group other than Group J,
Division 1 that it most nearly resembles,
"For a mixed occupancy building, the total area of private
garages used exclusively for the narking of passenger motor vehicles
having a capacity of not more than nine persons per vehicle may be
three thousand square feet (3000 sq, ft,) providing the exterior
wall and opening protection are as required for the major occupancy
of the building. The allowable floor area of the building shall be
as permitted for the major occupancy of the building, Each portion
of a building separated as specified in Section 505 may be considered
a separate building. Such increase in area may apply to a single
occupancy building providing the use of the building is as specified
and the exterior wall and opening protection are as required for a
Group H Occupancy building,
"Floor areas of greenhouses and lath houses not more than
12 feet in height and used solely for the cultivation of plants may
exceed the limits specified in this Chapter, provided the Building
Official is satisfied that minimum standards to safeguard life or
limb, health, property, and public welfare is not jeopardized."
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SECTION 19. Amend section 1601(a) to read as followse
"Sec. 1601. (a) Fire Zones. There shall be Fire Zones One,
Two and Three in the County of Hawaii as outlined in Ordinance
No. 64 of the Revised Ordinances of the County of Hawaii entitled
'An Ordinance Creating and Establishing Eire Zones.' Whenever in
this Code reference is made to any fire zone, it shall be construed
to mean one of the fire zones created by said Ordinance."
SECTIOiv 20. Amend Section 1712 to read as followso
"Sec. 1712. (a) Vertical clearance above cooking topx Domestic
free standing or built-in ranges shall have a vertical clearance
above the cooking top of not less than thirty inches (30") to
unprotected combustible material, when the underside of such
combustible material is protected with asbestos millboard at least
one-fourth inch (li4 ") thick covered with sheet metal of not less
than No. 28 U. S~ Gage or a metal ventilating hood, the distance
shall be not less than twenty-four inches (24").
"(b) Horizontal clearance of built-in top cooking units. The
minimum horizontal distance from the center of the burner head(s)
of a top (or surface) cooking unit to adjacent vertical combustible
surfaces extending immediately above the counter top shall be not
less than tc~aelve inches (12") or that distance specified by the
permanent marking on the unit."
SECTION 21. Amend Chapter 22 by adding Section 2205 to read
as followse
"Sec. 2205. Exceptions, Any provisions in this Code to the
contrary notwithstanding, these shall be the following exceptions
to Type V buildingse
"(a) Interior and exterior bearing walls in one-story buildings
may be supported on piers.
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"(b) For Type V buildings isolated piers of wood, solid masonry
or concrete may be used for post and girder construction.
"(c) Wood Frame Type V buildings may be constructed of single
one (1) inch nominal thickness board walls without studs for one (1)
story in height where there are cross partitions for at least every
thirty (30) feet of such wall. Two-story wood frame Type V buildings
may be constructed of single wall for the upper story, but shall be
supported by studded walls below. Studding shall be not less than
two by four inches (2" x 4") and shall be so braced to amply carry
the loads imposed,
"4Jhen wood frame dwellings are supported by posts, bracing
shall be provided of sufficient strength to stabilize the structure
against movement from wind pressure in any direction. Single wall
construction less than one and one-eighth inches (1 1/8") net shall
be braced with not less than two by six inches (2" x 6") belt
course or other approved strengthening between the floor and ceiling
on all exterior walls. All wall lumber shall be toe-nailed into the
belt course."
SECTION 22. Amend Section 2517(c) to read as follows
"(c) Termite Protection. All foundation plates or sills and
sleepers on a concrete or masonry slab which is in direct contact
with earth and sills which rest on concrete or masonry foundations
shall be any species or grade of wood sr~ecified in Section 2504 (b)
pressure-treated with an approved preservative or Foundation
redwood, all marked or branded by an approved agency. Foundation
cedar or No. 2 Foundation redwood marked or branded by an approved
agency may be used for sills in territories subject to moderate hazard,
where termite damage is not frequent and when specifically approved
by the Building Official. In territories where hazard of termite
damage is slight, any species of wood specified in Section 2504 (b)
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may be used for sills when specifically approved by the Building
Official.
"Before any new building is erected all stumps and roots shall
be removed from the soil to a depth of at least traelve inches (12")
below the surface of the ground in the area to be occupied by the
building,
"All wood forms which have been used in placing concrete, if
within the ground or between foundation sills and the ground shall
be removed before a building is occupied or used for any purpose.
Before completion loose or casual wood shall be removed from direct
contact with the ground under the building.
"Not less than four inches (4") of solid masonry or three inches
(3") of concrete shall be provided between planter boxes and wood
stud walls. The masonry or concrete shall extend to a height not less
than six inches (6") above the outer wall of the planter, Solid
sheathing and 15-pound building caper shall be installed between the
masonry or concrete and the wood stud,
"For untreated lumber, metal shield shall be installed between
wood member and masonry, concrete or earth."
SECTIOiv 23. Amend Section 3203 by adding the following
paragraph (g) theretos
"(g) Thatched or other like highly inflammable materials used
on the exterior of a building shall be protected by manually
operated sprinkler heads, with adequate water supply, pipe size
and sprinkler head spacing in accordance with sprinkler system
requirements and approved by the Fire lle~~artment."
SECTIOi: 24. Amend Chapter 38 by adding the following thereto:
"Sec, 3800 General
"(a) Construction. Fire extinguishing and alarm equipment
installed in accordance with the standards of the National Board
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of Fire Underwriters shall be deemed to conform to the provisions of
this Chapter unless inconsistent herewith,
"(b) Appliances. Appliances, fittings, and devices bearing
the label of the 'Underwriters' Laboratories, Inc „ ' or listed in
the 'List of Inspected Fire Protection Equipment and Niaterials'
issued by Underwriters' Laboratories, Inc „ and that are listed for
the purposes intended shall be accepted as conforming to the
requirements of this Chapter,"
SECTION 25, Amend Section 4301 to read as followss
"Sec, 4301. In addition to all the other requirements of
this Code, fire-resistive materials shall meet the requirements for
fire-resistive construction given in this Chapter. Fire-resistive
ratings as puhlished by the National Board of Fire Underwriters
shall be deemed to comply with the standard tests covered in this
Chapter."
SECTiOiv 26, Amend Section 4505(b) to read as followss
"Sec. 4505. (b) Projection and Clearance. A marquee projecting
more than two-thirds of the distance from the property line to the
curb line shall be not less than ten (10) feet above the sidewalk
or ground below,
"A marquee projecting less than two-thirds of the distance from
the property line to the curb line shall be not less than eight (8)
feet above the sidewalk or ground below,"
SECTION 27. Amend Section 4505(c) to read as followss
"Sec, 4505, (c) Length. A marquee may extend the full length
of the building along the direction of the street."
SECTION 28, Amend Section 4505(e) to read as followss
"Sec. 4505. (e) Construction, A marquee shall be supported
entirely from the building and constructed as specified under Type
of Construction, Such marquee shall be of the same fire-resistive
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quality as the building it is attached to, except in Fire Zones I
and II where it shall be of non-combustible materials except that
wood nailing strip may be used when entirely concealed by fire-proof
materials."
SECTION 29, Notwithstanding the provisions of Section 303 of
the "Uniform Building Code, 1967 Edition, Volume I," relating to
building permit fees, any person, firm or corporation constructing a
fallout shelter shall not be charged a building permit fee for the
construction of a structure to be used exclusively as a fallout
shelter, or that portion of a structure to be occupied exclusively
as a fallout shelter.
SECTION 30, i~mend Section 205 to read as follows:
"Sec. 205. It shall be unlawful for any person, firm, or
corporation to erect, construct, enlarge, alter, repair, move,
improve, remove, convert or demolish, equip, use, occupy, or maintain
any building or structure in the city, or cause the same to be done,
contrary to or in violation of any of the provisions of this Code.
"Any person, firm, or corporation violating any of the provisions
of this Code shall be deemed guilty of a misdemeanor, and each such
person shall be deemed guilty of a separate offense for each and
every day or portion thereof during which 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 $300,00,"
SECTION 31. Repeal of prior ordinances, preservation of rights
and liabilities, corntruction of revised ordinance,
A, Repeal of prior ordinancep what not repealed. All ordinances,
sections and parts of sections of ordinances of the County of Hawaii,
in conflict herewith be and the same are hereby repealed,
B. Preservation of rights and liabilities, Said repeal shall
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not affect any act doi;e, :ati_fied or confirmed, or any right accruing
or accrued or esL-ablished, or any action, suit or proceeding had or
commenced in any civil cause, prior '~o said re~~eal, but all rights and
liabilities under any ardinance embraced :;~~: the said ordinance or so
repealed shall continue and may be enforced in the same manner and
with the same effect. as if said repeal had not been made.
C. Construction of Revised Ordinances. Provisions in said
ordinance shall be construed as continuations or amendments of
applicable or corresponding provisions of previously existing laws
and not as new enactments, In case of a conflict between said
ordinance and other ordinances, or in case of latent and patent
ambiguity or obvious clerical error in said crdinance, reference may
be made to the previously existing ordinances for the purpose of
applying the rules of construction relating to repeal by implication
or for the purpose of ,-esolvinc the ambiguity or correcting the
error,
SLCTIOi~t 32. Ordinance i~o~ 57, Revised Ordinances of the County
of Hawaii 1967, is hereby repealed,
SRCTIOI~; 33. This ordinance shall take effect upon its approval.
Ii1TRODU~~D 5Y:
_. /,
Br:r~ "SOR, iuLi~l1Y Hi-WAIT
Hilo, Hawaii
Date of Introduction:
Date of c'irst Read}ng:
Date of Aaoptions
.ianuary 17, 1?~8
°ebruary 7, 7.'66
April 17, 166
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