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Home My WebLink AboutREP PWIRC 026A 08/04/2009 2008-2010 REPORT OF THE COMMITTEE ON PUBLIC WORKS AND INTERGOVERNMENTAL RELATIONS TIME August 4, 2009 Councll Chambers Ben Franklin Bldg, 2nd l'loor 333 Kilauea Ave Hllo, Hawm'\ 96720 3'04 pm Re. Comm, No 413/8111103 DATE PLACE Council Chair and Members Hawm'l County Council Hllo, Hawal'l 96720 Your Committee on Public Works and Intergovernmental Relal1ons, to which was referred CommunIcatIOn No 413 and BlII 103, reports as follows' 8111103, transmitted by Councll Member I:mlly I Naeole, Via CommunIcatIOn 413, dated June 23, 2009, amends Chapter 21, Arl1cle 2, SectIOn 21-5, Hawal'l County Code 1983 (2005 Edll1on, as amended), to be appropnately numbered and to read as follows "SECTION 1. Chapter 5, article I, secl10n 5-1 0 8, Hawm'l County Code 1983 (2005 Edil1on, as amended), IS amended by amendmg subsecl10n (a) to read as follows (a) Permits ReqUIred No person, firm, or corporal1on shall erect, construct, enlarge, alter, repair, convert, or demolish any bUlldmg or structure in the County, or cause the same to be done, without first obtammg a separate bUlldmg permit for each bUIlding or structure from the bUlldmg offiCial, proVided that one permit may be obtained for a dwellmg and its accessones, such as fence, retall1mg wall, pool, storage and garage structures EXCEPTIONS A permllls not reqUIred for (l) Work excepted under sectIOn 103 (2) Temporary bUlldll1gs, platforms, and fences used dunng constructIOn or for use as props for film, teleVISIOn or live plays and performances (3) Reroofing work With like matenal and mstallatlOn of sldmg to eXlstmg extenor walls which Will not atfect the structural components of the walls for Groups R-3 and M Occupancies (4) Temporary tents or other covenngs used for pnvate family parties or for campmg on approved camp grounds (5) TeleVISIOn and radiO antennas acce~sory to R-I and R-3 Occupancies Satellite or microwave dishes With supports 6 feet or less in height PWIRC REPT NO 26 (A) (6) Awmngs proJectmg up to four feet and attached to the extenor walls of buildmgs of Group R-3 or M Occupancy, provided that the awmngs do not vIOlate the provIsIOn for '"yards" in chapter 25 (Zonmg) of the County Code (7) Standard electroliers not over 35 feet in height above fimsh grade (8) Installation of wall paper or wall covering whICh are exempted under the provIsions of section 4201 (9) Repairs which mvolve only the replacement of component parts or eXlstmg work with similar matenals for the purpose of mamtenance, and which do not aggregate over $1000 m valuation m any twelve-month penod, and do not affect any electrIcal or mechamcal mstallatlOns (10) Pamtmg and decoratmg (II) InstallatIOn of floor covering (12) Cabmet work for R.3 Occupancy and mdlVldual umts ofR-1 and M Occupancies which are not regulated under sectIOn 513 Wall mounted shelvmg not affectmg fire resl,tance or structural members of wall (13) Work performed under the JurisdictIOn of Federal Government and/or located In Federal property. (14) SWlmmmg pools for one and two-family dwelling umts less than 3 feet m depth (15) Fences and retammg walls when 6 feet or less m height (16) Animal shelters, storage sheds, and towers. less than 6 feet m height (17) Detached decks or platforms less than 30 mches m height above grade (18) Playground eqUipment, excludmg as~embly or similar waltmg areas (19) One tent of canvas. plastic. or similar matenal. or a structure of Similar type to be erected and used by the owner of a property as a temporarv reSidence proVided that the property I' classlficd as RA. FA. IA or A. and that there IS an active bUilding permit for the constructIOn of a permanent dwelling umt on such propertv. The use of such tent or structure of ~imllar type shall m no event exceed a penod of two calendar years from the date on which the bUlldmg permit was Issued. Use of the tent or structure of s1l11llar type shall only be allowed proVided the followmg cond1ll0ns are sustamed throughout the use of the temporarv reSidence' (A) Adequate Samtallon 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 PWIRC Rcpt No 261A) descnbed herem on the partIcular propertv, and whIch I~ m comphance wIth all other apphcable statutes, ordmances, rules and regulatIons. includmg anv countv plumbmg, e1ectncal or other codes. Failure to properlv servIce and mamtam such adequate sanItatIOn shall result m dlsquahficatlOn from this exceptIOn from bUlldmg permIt requirements Nothmg m thIS exceptIon shall be mterpreted to Implv anv exemptIOn from sewer connectIon tor anv other tent or structure on the propertv (8) Emergencv Access The propertv owner shall be responsible for mamtammg an emergencv acces~ lane ti)r the etliclent and efl"ectIve use of Fire and Emergencv apparatus. The propertv owner shall be responsIble for keePing the tire lane free of obstructIOns to allow access to the tent or SImIlar structure (C) FIre Safetv No flames or fuel of anv tvpe shall be allowed m thc tent or structure of SImilar tvpe All materlal~ or components of the tent or structure ot SImIlar tvpe shall bc rated as flame retardant. or shall bc composed of non- combustible matter (D) Electncal Safetv All electrical wIrIng and connectIon~ must meet NatIonal Electncal Codc~ (NEC) (E) Butl"er Zone The tent or structure of SImIlar tvpe must bc located at least tcn feet awav from the nearest wall or anv other adioining structure of the bUlldmg sIte (F) IndemnIficatIon and responsibilitv The propertv owner shall defend. mdemnIfv and hold harmless the countv. ItS otlicers and agents, from all claims, demands. SUItS. actIOns or proceedmgs of everv name. character and descnptlOn whIch mav be brought agamst the count V for or on account of anv m1unes or damages to anv person or propertv as a consequence of apphcatlon of thIS cxceptIon to sectIon 5-1 08, subsection (a) .. "SECTION 2. Chapter 5, article I, section 5-1 0 8. Hawal'l County Code 1983 (2005 EdItIon, as amended) IS amended by amendmg subsectIon (C) to read as follows (c) femporary Permit ReqUIred No per~on. firm, or corporatIOn shall ercct any tent or mobile structure whIch IS to be used for commerCial or rchglOu~ purposcs, such d~ ralhes, fe~tIval~, amusements, dnd ~Ide~how~, Without tir~t obtammg a temporary pcrmlt fi)r thc tent or structure from the bUlldmg otlicwl To secure a permit, approval must also be obtamed from the chief of the tire departmcnt A permit for a tent or mobile ~tructure ~hall bc Imuted to a period of not more than thirty consecutive day~ and may be canceled fi)r CdUSC by thc bUlldmg otlicwl or the tire department at any tIme before expiration of the tIme statcd m the permit Upon cancellatIOn or upon the expiration of the time stated m the permit the structurc or ~tructures shall be promptly rcmovcd Howcver, the perlnIt may bc renewed when approved by thc bUlldmg otlicwl Except as otherwl~e proVided m exception (19), ~ubsectIon (a) of thiS section. [Ne] no tcnt of canvas, plastIc. or Similar matenal or a ~tructure of ~lmIlar tvpe shall be u~cd for rcsldence purpose~ .. PWIRe Rcpt No 26 (A) "SECTION 3 Chapter 21, article 2, sectIOn 21-5, Hawm'l County Code 1983 (2005 Edition, as amended) I; amended by amending subsectIOn (a) to read a; follows (d) Owners of all dwellIngs, bUlldmgs, or properties used tor 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 wlthm one hundred eighty days after date of official notice Tents or other Similar structures u~ed tor temporary occupancy during con;tructIon of permanent dwelling umts, when allowed under Hawm'l County Code section 5-1.08, sub;ectlOn (a), exceptIOn (19), are exempt trom the Provl'lons of this ~ubsectIon " At Its meetmg of July 7, 2009, Your Committee recommended the passage of Bill 103 on tirst readmg Items from all committee agendas lor July 7, 2009 are bemg put up lor re-vote due to ISSUCS of legality The remammg hl~tory and ml()rmatIon regarding thl; measure IS contamed wlthm the origmal Public Works and Intergovernmental Relation; Committee Report 26, dated July 7, 2009 At ItS meetmg of August 4, 2009, Committee Chair Brenda J Ford relinqUished her scat to Vice Chalf Kelly Greenwell m order to diSCUSS and propose an amendment to the bIll Ms Ford proposed a tloor amendment via CommumcatIon 4132 dated July 27. 2009 restnctmg the use of tents as temporary reSidence durmg construction of a permanent reSidence to the geographical dlstnct of Puna It also proVided that the ordmance be on a tnal baSIS for three years begmning With the etfectIve date of the ordmance, to allow time tor the department to obtam and summanze the posItive and negative re;ults of the tnal and prepare a report to the county councIl. Furthermore, Ms Ford commented that her survey returned 122 responses from Kona of which 67% was agam;t proposed Bill 103 ThiS slgmficantly Impacted her deCISion to mtroduce the proposed tloor amendment Despite the lower number of responses outSide of Kona dlstnct, Ms Ford addcd Puna had 21 responses of which 67% was m support and 33% agamst thiS proposed bill Your Committee members discussed and commented on the proposcd amendmcnt which wa; unanimously carned At thc suggestion ofMr. Yoshimoto, Ms Ford moved tor a secondary amendmcnt to c1anfy the language by msertmg the words "contamed m SectIOn 19" m the tirst sentence of the last paragraph of exception (19) The secondary amendmcnt wa; secondcd by Ms Nacolc and unammously carned CounCil Member Dommlc Yagong commented on hiS recent dISCU%IOn with hiS commumty which re~ulted m a unammous oppositIOn of this proposed bill Furthermore, Mr Yagong also addrcsscd concern with Implementmg a tnal basis as It Will be a difficult task lor thc counCil to deCide its fate dt the cnd of three years PWIRC Rept No 26 (A) Your CommIttee on Pubhc Works and Intergovernmental RelatIons IS m accord wIth the purpose and mtent of BIll 103, as amended to Draft 2, and recommends passage at first readmg dkr A\F1'!l NUL" A&' " ENRIQUES X FORD X GREENWELL X HOFFMANN X IKEDA X NAEOLE X ONISlII X YAGONG X YOSHIMOTO X Respectfully submItted, COMMI n EE ON PUBLIC WORKS AND INTERGOVERNMENTAL RELA nONS ~'jI;zL BRENDA J FORI~CHAIR PWIRC REPORT NO 26 (A) ADOPTED AUG 1 9 2009