HomeMy WebLinkAboutBIL 103 Draft 02 2008-2010COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. io3
(DFAFP 2)
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 WHILE
CONSTRUCTING A PERMANENT DWELLING UNIT.
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.
(14) Swimming pools for one and two-family dwelling units less than 3
feet in depth.
(IS) Fences and retaining walls when 6 feet or less in height.
height.
grade.
azeas.
(16) Animal shelters, storage sheds, and towers, less than 6 feet in
(17) Detached decks or platforms less than 30 inches in height above
(18) Playground equipment, excluding assembly or similar waiting
(19) One tent of canvas, plastic, or similar material, or a structure of
similar type to be erected and used by the owner of a property as a temporary
residence provided that the property is classified as RA, FA, IA or A, la~l
there is an active building_permit for the construction of a permanent dwelline
unit on such property, and the property is within the geographical district of
Puna. The use of such tent or structure of similar type shall in no event exceed a
period of two calendaz yeazs from the date on which the building permit was
issued. Use of the tent or structure of similar type shall only be allowed provided
the following conditions are sustained throuehout the use of the temporary
residence:
(A) Adequate Sanitation. For pumoses of this subsection,
"adequate sanitation" means a portable toilet, compost
toilet, or other method of wastewater disposal which is
approved by the State department of health for the use as
described herein on the particulaz property, and which is in
compliance with all other applicable statutes, ordinances,
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electrical or other codes. Failure to properly service and
maintain such adequate sanitation shall result in
disqualification from this exception from buildine permit
r~uirements. Nothing in this exception shall be
interpreted to imply any exemption from sewer connection
for any other tent or structure on the property
(B) Emer ency Access. The property owner shall be
responsible for maintaining an emergency access lane for
the efficient and effective use of Fire and Emergency
apparatus. The property owner shall be responsible for
keeping the fire lane free of obstructions to allow access to
the tent or similar structure.
(C) Fire Safety. No flames or fuel of any type shall be allowed
in the tent or structure of similar type. All materials or
components of the tent or structure of similar type shall be
rated as flame retardant, or shall be composed of non-
combustible matter.
(D) Electrical Safety. All electrical wiring and connections
must meet National Electrical Codes (NEC).
(E) Buffer Zone. The tent or structure of similar type must be
located at least ten feet away from the nearest wall or any
other adjoining structure of the building site.
(F) Indemnification and responsibility. The property owner shall
defend, indemnify and hold harmless the county, its officers and
agents, from all claims, demands, suits, actions or proceedings of
every name, character and description which may be brought
against the county for or on account of any injuries or damages to
any person or property as a consequence of application of this
exception to section 5-1.0.8, subsection (a)."
This exception contained in Section 19 shall be for athree-year trial basis beginning with
the effective date of this ordinance to allow time for the positive and negative results of the trial
to be obtained and summarized by the department of public works and submitted to the county
council."
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
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otherwise provided in exception (19), subsection (a) of this section, [hFe] no tent
of canvas, plastic, or similar material or a structure of similar tvve shall be used
for residence purposes."
SECTION 3. Chapter 21, article 2, section 21-5, Hawaii County 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 temoorary occupancy during construction of permanent
dwelling units, when allowed under Hawaii County Code section 5-1.0.8,
subsection (a), exception (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.
SECTION 6. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEM~OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE: Cortxri: 413.3
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