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HomeMy WebLinkAboutCOM 0413.004 2008-2010 MtY or M~ Phone: (808)326-5684 BRENDA J. FORD Fax: (808)329-4786 Council Member E-Mail: bford@co.hawaii.hi.us District 7 - Central Kona HAWAII COUNTY COUNCIL County of Hawai `i Kailua Trade Center 75-5706 Hanama Place, Suite 109 c Kailua-Kona, Hawai'i 96740 f - ~JI DATE: August 5, 2009 -3 TO: J. Yoshimoto, Chairperson, and Members of the Hawaii County Council FROM: Brenda J. Ford, Council Member f„~l•~i%~ SUBJECT: Proposed Amendment to Bill 103, Draft 2, Relating to the Use of a Tent or a Structure of Similar Type as a Temporary Residence While Constructing a Permanent Dwelling Unit Attached please see my floor amendment to Bill 103, Draft 2. This amendment is non-substantive. It corrects the reference to "exception (19)" that was added as a verbal amendment to those amendments contained in Communication No. 413.2, as duly approved by the Public Works and Intergovernmental Relations Committee of the Council. Proposed amendments are illustrated via Ramseyer format with respect to the contents of Bill 103, Draft 2; material to be deleted is bracketed and stricken through, material to be added is underlined. Bill 103, Draft 2, is amended by amending exception (19) to read as follows: 11(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, there is an active building permit for the construction of a permanent dwelling 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 calendar years 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 throughout the use of the temporary residence: Comm. No. _l Serving the Interests of the People of Our Island Ref. To: r Ref. Date AUG 0 5 2009 Hawal'i County Is An Equal Opportunity Provider And Employer (A) Adequate Sanitation. For purposes 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 particular property, and which is in compliance with all other applicable statutes, ordinances, rules and regulations, including any county plumbing, electrical or other codes. Failure to properly service and maintain such adequate sanitation shall result in disqualification from this exception from building permit requirements. Nothing in this exception shall be interpreted to imply any exemption from sewer connection for any other tent or structure on the property. (B) Emergency 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 exeeption eentained eetion 1O`] Exception (19) shall be for a three-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." BJF Att. 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. (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 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, there is an active building permit for the construction of a permanent dwelling 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 calendar years 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 throughout the use of the temporary residence: (A) Adequate Sanitation. For purposes 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 particular property, and which is in compliance with all other applicable statutes, ordinances, rules and regulations, including any county plumbing, electrical or other codes. Failure to properly service and maintain such adequate sanitation shall result in disqualification from this exception from building permit requirements. Nothing in this exception shall be interpreted to imply any exemption from sewer connection for any other tent or structure on the property. (B) Emergency 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). Exception (19) shall be for a three-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 otherwise provided in exception (19), subsection (a) of 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 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 temporary 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.