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HomeMy WebLinkAboutORD 1981-728 1980-1984BILL NO. 787 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. ~~~ AN ORDINANCE AMENDING ARTICLE 2, CHAPTER 15, OF THE HAWAII COUNTY CODE, RELATTNG TO THE BOARD OF APPEALS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 5, Article 2, Chapter 15, of the Hawaii County Code is amended to read as follows: "SECTION 5. Amending Section 204. ("Section 2.04. Board of Appeals. (a) Creation. There shall and is hereby created a Board of Appeals, hereinafter called the Board, constituting of seven members who shall be qualified by experience and training to pass upon matters pertaining to building construction and who are appointed by the Mayor. Two members shall be currently registered as engineer or architect with the State of Hawaii Board of Registration of Professional Engineers, Architects, Land Surveyors and Landscape Architects. One member shall be qualified by experience and training to pass upon matters pertaining to electrical work. One member shall be qualified by experience and training to pass upon matters pertaining to plumbing work. The Building Official shall serve as an ex-officio member and act as secretary to the Board. The members shall serve for a term of four years and until their successors have been appointed and qualified. Vacancy shall be filled by appointment for the remainder of the term. The Board shall select its Chairman and Vice Chairman. "(b) Quorum. A majority of the entire membership shall constitute a quorum and the affirmative vote of a majority of the entire membership shall be necessary to take action. "(c) Powers and Duties. The Board shall: "(aa) Hear and determine appeals from the decisions of the Building Official in the administration of the County of Hawaii Building Code, Electrical Code and Plumbing Code, including, but not limited to matters involving any denial of the use of new or alternate materials, types of construction, equipment, devices, or appliances. "In the case of any denial of the use of new or alternate materials, types of construction, equipment, devices, or appliances, an appeal may be sustained if the record shows (i) that such new or alternate materials, types of construction, equipment, devices, or appliances meet the required standards established by the Codes being appealed from, (ii) that permitting the use thereof will not jeopardize life, limb or property, and (iii) that such use will not be contrary to the intent and purpose of the Code being appealed from. In such appeals the appellant shall pay all expenses necessary for test which may be ordered by the Board. "The Board may reverse, affirm or modify, wholly or partly, the decision appealed from. "(bb) Hear and determine petitions for varying the application of the Building Code, Electrical Code and Plumbing Code. A variance may be granted if the Board finds _2_ (i) that the strict application, operation or enforcement of the Code being appealed from would result in practical difficulty or unnecessary hardship, (ii) that safety to life, limb and property will not be jeopardized, and (iii) that the granting of a variance would not be injurious to the adjoining lots and the buildings thereon, would not create additional fire hazards, and would not be contrary to the purpose of the Code and the public interest. In making its determination, the Board shall take into account the character, use and type of occupancy and construction of adjoining buildings, buildings on adjoining lots and the building involved. "(d) Procedure. The proceedings of the Board shall be subject to the provisions of Chapter 91, Hawaii Revised Statutes, as amended. The Board shall adopt reasonable rules and regulations for conducting its meetings, hearings, and investigations in conformity therewith and may impose reasonable fees to cover the costs of such proceedings."] "Section 204. Variances; Appeals. "(a) Variances. Whenever strict application of any rovision of this Chapter, except for the provisions relating to materials, methods of construction, equipment, devices, or appliances, would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, the owner may petition the Board of Appeals for a variance from the provision. In granting a variance, the Board of Appeals -3- shall 'prescribe any conditions that it deems to be necessary or desirable. However, no variance from the strict application of this Chapter shall be granted by the Board of Appeals unless it finds: "(1) That there are special circumstances or conditions applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to lands or buildings in the ne~hborhood or surrounding property, and that the circumstances or conditions are such that the strict application of the provisions of this Chapter would derive the ap licant of the reasonable use of the land or building; and "(2) That the granting of the variance is necessary for the reasonable use of the land or building and that the variance granted is the minimum variance that will accomplish this purpose; and "(3) That the grantin~c of the variance will be consistent with the intent and purpose of this Chapter, and will not be injurious to persons or property or create additional fire hazards, and will not otherwise be detrimental to the public welfare. In making its determination, the Board of Ap~_eals shall take into account the character, use, and type of occu ancy and construction of adjoining buildin s, buildings on adjoining lots, and the buildin~or land involved. "(b) Appeals Regarding Alternate Materials and Methods of Construction Any person denied the use of new or -4- alternate materials, methods of construction, equipment, devices, or appliances by the Building Official may, within thirty days after the Building Official's decision, appeal the decision to the Board of Appeals In considering an appeal, the Board may require any reasonable test of the proposed material, method of construction, equipment, device, or appliance, and the appellant shall paw all expenses necessary for the test. The Board of Appeals may affirm the decision of the Buildinc~Official, or it may reverse the decision if it finds: "(1) That the new or alternate materials, methods of construction, equipment, devices, or appliances meet standards established bX the Uniform Building Code and this Chapter; and "(2) That permitting the requested use will not jeopardize the safety of persons or property; and "(3) That the requested use will not be contrary to the intent and purpose of the Uniform Building Code and this Chapter. "(c) Other Appeals. Any arson a~~rieved by the decision of the Building Official in the administration or application of this Chapter, other than that rescribed in subsections (a) and (b), may, within thirty d~ ads after the Building Official's decision, ap eal the decision to the Board of Appeals. The Board of Aeals may affirm the decision of the Building Official, or it mad reverse or modify the decision if the decision is: -5- "(1) In violation of this Chapter or other a~~licable law; or "(2) Clearly erroneous in view of the reliable, obative, and substantial evidence on the whole record; or "(3) Arbitrary, or capricious, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion. "(d) Rules. The Board of Appeals shall adopt rules pursuant to Chapter 91, Hawaii Revised Statutes, necessary for the purposes of this section." SECTION 2. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material and underscoring need not be included. SECTION 3. In the event any portion of this ordinance is declared invalid, such invalidity shall not affect other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. Hilo, Hawaii Date of Introduction: Date of Adoption: Effective Date: INTRODUCED a'~r ~ COUNCIL, EMBER, COUNT October 28, 1981 November 4, 1981 November 17, 1981 -6- OF HAWAII Hilo, Hawaii Date: October 28, 1981 FIRST READING AYES NOES A/E Dahlberg X De Luz X Domingo X Fuj i i X Hale X Kawahara X Lai X Schutte X Chr. Yamashiro X 9 0 0 Publication Date: Hilo, Hawaii Date : rT,..,....,ti....~. ,, , ~ o, --- - - -- ~.y ___ SECOND & FINAL READING AYES NOES A/E Dah lbe rg X De Luz X Domingo X Fujii X Hale X Kawahara X Lai X Schutte X Chr. Yamashiro X ~` 9 0 0 Publication Date: N®V Z7 We do hereby certify that the foregoing BILL was adopted by the County Cauncil and published as indicated above. ~4PPR®VE~ ~,~, ~, FARM ---- -; .. i ~©V ~ 1981 Bill No. 787 Reference: C-487/PWC-91 M.B. No.T Ord. No. ~~ V ~.. / ' County Clerk Approved/^~°^'' this ~ ~ day of