HomeMy WebLinkAboutBIL 356 Draft 01 1994-1996 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 356
ORDINANCE NO. 96 16a:
AN ORDINANCE AMENDING CHAPTER 5, RELATING TO BUILDING, AND
REPEALING CHAPTER 11, RELATING TO HOUSING, OF THE HAWAII COUNTY
CODE 1983 (1995 EDITION).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Intent and Purpose. The Housing Code, adopted in
1973, was required when the Federal Workable Program was initiated
for the County of Hawaii. The adoption of the Housing Code allowed
Hawaii County to receive federal funds for housing and related
programs. In late 1995, the County of Hawaii received information
from the local federal office that a separate Housing Code was no
longer necessary provided that an acceptable standard, such as the
Uniform Building Code, is adopted for the County of Hawaii.
As the title indicates, the Housing Code applies only to
housing or residential type structures. Because of that, the
County has three codes regulating residential construction--namely,
Zoning Code, Building Code, and Housing Code. To cope with the
different requirements of all codes, the policy has always been
that the most restrictive provision governs. Although this policy
has worked throughout the years, there has been much confusion, as
well as variance requests, and many requests to omit the Housing
Code.
By repealing the Housing Code and amending the existing
Building Code to incorporate those portions of the Housing Code
which the department of public works still deem necessary, the
County of Hawaii will be simplifying residential construction
requirements for the homeowners and builders. The housing
standards for the County of Hawaii will not be lessened but merely
incorporated into the County's Building Code.
SECTION 2. Chapter 5, article 1, is amended by adding a new
section to read as follows:
Sargon 5-1.0.2.a. Amending section 104.
Section 104 is amended by deleting section 109(b) and
replacing it with the following:
Lb) Additions Alterations and Repairs When additions
alterations or repairs within anv 12-month period exceed
50 percent of the replacement value of an existing building or
$tructure such building or structure shall be made to conform
to the requirements for new buildings or structures.
Additions, alterations and repairs not exceeding
50 percent of the replacement value of an eaisting building or
structure and complying with the requirements for new
buildings or structures may be made to such building or
structure within any 12-month period without making the entire
building or structure comply The new construction shall
conform to the requirements of this code for a new building of
like area height and occupancy Such building or structure
in~ludina new additions shall not exceed the areas and
heights specified in this code.
Alterations or repairs, not exceeding 25 percent of the
value of an existing building or structure which are
nonstructural and do not affect any member or part of the
building or structure having required fire resistance may be
made with the same materials of which the building or
structure is constructed.
EXCEPTIONS: (1) The installation or replacement of
glass in hazardous locations as specified in section 5406
shall be as required for new installations
(2) Without limitation to the prescribed percentages
the building official may require engineering analysis
documentation or inspections to assure the structural
integrity or safety of the existing structure
SECTION 3. Chapter 5, article 1, section 5-1.0.4 is repealed.
SECTION 4. Anew section 5-1.0.9 is added to chapter 5,
article 1, to read as follows:
Section 5-1 0 9. Amending section 203.
Section 203 is amended to read:
SPrtion 203 Substandard Buildings
,~Z ~Pneral Anv building or portion thereof including
any dwelling unit guest room or suite of rooms, or the
premises on which the same is located in which there exists
any of the following listed conditions (b) to (h) to an extent
ghat it endangers the life limb health property safety or
we~farp of rha nnhlir ~r the occupants thereof shall be deemed
and hereby is declared to be a substandard building
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Inadequate sanitation shall include but not be
limited to the following:
~Z Lack of, or improver water closet, lavatory,
bathtub or shower in a dwelling unit.
S~ Lack of, or improper water closets, lavatories,
and bathtubs or showers in a hotel.
Lack of, or imnroner kitchen sink in a
habitable building.
L9~ Lack of hot and cold running water to vlumbing
fixtures in a hotel.
Lack of hot and cold running water to plumbing
fixtures in a dwelling unit or efficiency living unit.
~Z Lack, or improver overation of required
ventilating eguivment.
Lack of minimum amounts of natural light and
ventilation required by this code.
Room and svace dimensions less than required by
this code.
~L Lack of required electrical lighting.
(10) Damvness of habitable rooms.
11 Infestation of insects, vermin or rodents as
determined by the health officer.
[12) General dilavidation or improver maintenance.
f13) Lack of connection to required sewage disposal
system.
14 Lack of adequate garbage and rubbish storage
and removal facilities as determined by the health officer
~rZ Structural hazards shall include but not be limited
to the following:
S~ Deteriorated or inadequate foundations.
~2Z Defective or deteriorated flooring or floor
suvvorts.
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~Z Flooring or floor supports of insufficient size
to carry imposed loads with safety.
~Z Members of walls, partitions or other vertical
supports that split lean or buckle due to defective material
or deterioration.
~Z Members of walls, partitions or other vertical
supports that are of insufficient size to carry imposed loads
with safety.
S§1 Members of ceilings, roofs, ceiling and roof
supports. or other horizontal members which sag, split. or
buckle due to defective material or deterioration
~Z Members of ceilings, roofs, ceiling and roof
a„nnnrts or other horizontal members that are of insufficient
size to carry imposed loads with safety
Fireplaces or chimneys that separate, bulge or
aP*t~P due to defective material or deterioration
S9Z Fireplaces or chimneys which are of
insufficient size or strength to carry imposed loads with
safety.
~Z Nuisance Anv nuisance as defined in this code
~gZ Faulty weather protection which shall include but
not ha limited to the following:
~Z Deteriorated crumbling or loose plaster
.{2Z Deteriorated or ineffective waterproofing of
exterior walls roof foundations or floors, including broken
windows or doors.
~1 nefective or lack of weather protection for
*erior wall covering including lack of paint or weathering
due to lack of paint or other approved protective covering
Broken rotted split or buckled exterior wall
~~verings or roof coverings.
TnaAen„ate Maintenance Anv building or portion
thereof which is determined to be an unsafe building in
accordance with this code
Inadequate Exits All buildings or portions thereof
nt ovided with adequate exit facilities as required by this
erode except those buildings or portions thereof whose exit
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facilities conformed with all applicable laws at the time of
their construction and which have been adequately maintained
and increased in relation to anv increase in occupant load,
alteration or addition, or anv chance in occupancy.
When an unsafe condition exists through lack of, or
improper location of exits, additional exits may be required
to be installed.
~Z Improper Occupancy. All building or portions
thereof occupied for living, sleeping, cooking or dining
purposes which were not designed or intended to be used for
such occupancies.
jiZ Substandard Buildings as Public Nuisances.
Buildings which are substandard, as defined by this code, are
hereby declared to be public nuisances
Whenever the building official has inspected or caused to
hP inspected any building and has found and determined that
~c,~rh building is a substandard building he shall commence
proceedings to cause the repair rehabilitation vacating or
demolition of the building.
.{_j~ Notice to Owner The building official shall
Pxamine or cause to be examined every building or structure or
portion thereof reported as dangerous or damaged and if such
is found to be an unsafe building as defined in this section
the building official shall give to the owner of such building
or structure written notice stating the defects thereof. This
notice may require the owner or person in charge of the
building or premises within 48 hours to commence either the
ranuired repairs or improvements or demolition and removal of
the building or structure or portions thereof and all such
work shall be completed within 90 days from date of notice
unless otherwise required by the building official If
nP~P~sarv such nobice also shall require the building
structure or portion thereof to be vacated forthwith and not
ran~cupied until the required repairs and improvements are
rmm~lat ari inspected and approved by the bu~~dina official
Proper service of such notice shall be by personal
service registered mail or certified mail upon the owner of
*P ord provided that if such notice is by registered mail or
*'f;Pd mail the designated period within which said owner
or person in charge is required to comply with the order of
the h 'lAinn nff;r;al ehall haain as of the date he receives
such notice.
LL Posting of Signs The building official shall cause
to be posted at each entrance to buildings ordered vacated a
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notice to read• DO NOT ENTER UNSAFE TO OCCUPY. DEPARTMENT
OF PUBLIC WORKS COUNTY OF HAWAII Such notice shall remain
posted until the required repairs demolition or removal are
completed Such notice shall not be removed without written
permission of the building official, and no person shall enter
the building except for the purpose of making the required
re^a;rc nr of demolishing the building
Anrion Upon Noncompliance In case the owner shall
`ail neglect or refuse to comply with the notice to repair
ilitate or to demolish and remove said building or
¢tri+rti+re or portion thereof the building official may order
the owner of the building prosecuted as a violator of the
provisions of this code.
S~ Nothing contained herein shall be construed to limit
or restrict the building official from instituting on behalf
of the County any other legal or equitable proceedings in
sddition to those specified herein to obtain compliance with
the notice to repair rehabilitate or to demolish and remove
said building or structure or portion thereof and to recover
the cost of such work from owner or attach a lien to the
property.
SECTION 5. Chapter 5, article 1, section 5-1.0.8 is amended
to read as follows:
Section 5-1.0.8. Amending section 301.
Section 301 is amended to read as follows:
(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 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, staining wall, pool, storage and garage
[without living quarter] structures.
EXCEPTIONS: A permit is not required for:
(1) Work excepted under section 103.
(2) Temporary buildings and fences used during
construction.
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(3) Reroofing work with like material and
installation of siding to existing eaterior 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'-0" or less in height.
(6) Awnings projecting up to four feet and attached
to the eaterior 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
$1,000 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'-0" in depth.
(15) Fences and retaining walls when 6'-0" or less
in height.
(16) Animal shelters, storage sheds, and towers,
less than 6'-0" in height.
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(17) Detached decks or platforms less than 30" in
height above grade.
(18) Playground equipment, excluding assembly or
similar waiting areas.
(b) Emergency Work. Emergency work may commence without
a permit; however, a permit for the work shall be obtained on
the working day immediately following the day work is
commenced.
(c) Temporary Permit Required. No person, firm, or
corporation shall erect any tent or [similar] m it 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 [similar] mobile structure shall be
[nonrenewable and] 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 hermit
may be renewed when avnroved by the building official No
tent of canvas, plastic, or similar material shall be used for
residence purposes.
SECTION 6. Chapter 5, article 1, is amended by adding a new
section to read as follows:
Section 5-1 0 19 a Amending section 415.
- tion 415 is amended by adding the following paragravhs•
*"'TSANCE The following shall be defined as nuisances•
~Z nom., n>>blic nuisance known at common law or in
gguity iurisorudence
~Z Any attractive nuisance which may urove
detrimental to children whether in a building or on the
premises of a building. This includes anv unfenced man-made
swimming cools abandoned wells shafts or basements• anv
ructurally unsound fences or structures• and anv debrrs or
vegetation affecting the structural stabrlity of structures.
Whatever is dangerous to human life or is
detrimental to health as determined by the health officer.
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~ Overcrowding a room with occupants.
Sg,Z Insufficient ventilation or illumination.
S~ Inadequate or unsanitary sewerage or plumbing
facilities.
~qZ Uncleanliness, as determined by the health
officer.
Whatever renders air food or drink unwholesome
or detrimental to the health of human beings as determined by
the health officer.
SECTION 7. Chapter 5, article 1, section 5-1.0.21 is amended
to read as follows:
Section 5-1.0.21. Amending section 504(a).
Section 504(a) is amended to read:
(a) General. Building shall adjoin or have access to a
public way or yard on not less than one side. Required yards
shall be permanently maintained. Minimum yards shall comply
*o Chapter 25 Zoning of this County Code
For the purpose of this section, the center line of an
adjoining public way shall be considered an adjacent property
line, and the center line of an adjoining private right-of-way
not less than 10 feet in width shall be considered an adjacent
property line if the owner of the premises for which the
building permit application is filed owns a portion thereof.
With the exception of a pedestrian walkway, bridge or ramp
used for thoroughfare purposes only, such private
rights-of-way shall be unobstructed from the ground to the sky
and permanently maintained as such.
Eaves over required windows shall not be less than
30 inches from side and rear property lines. For eaves, see
section 1711.
No building or structure or any portion thereof shall be
located on or over a property line except an arcade, bridge,
or ramp used for thoroughfare purposes only, or as otherwise
permitted in this Code and in the Zoning Code.
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SECTION 8. Chapter 5, article 1, section 5-1.0.25 is amended
to read as follows:
Section 5-1.0.25. Amending section 513.
Section 513 is amended to read:
Sec. 513. cnokina Unit Clearance.
(a) [Clearance for Cooking Units.] Minimum Vertical
Clearance. There shall be a minimum vertical clearance of not
less than 30 inches [above] between the cooking top (to]
~~mA *ic oil gas and electric ranges and the underside of
unprotected combustible material above such ranoes. When the
underside of such combustible material is protected with
insulating millboard at least 1/4 inch thick covered with
sheet metal of not less than 0.021 inch thick (NO. 28 U.S.
gauge) or a metal ventilating hood, the [clearance] distance
shall be not less than 24 inches( to the protective material
or hood].
(b) Minimum Horizontal Clearance. The minimum
horizontal clearance from edge of the burner head(s) of a top
(or surface) cooking unit to combustible walls extending above
the cooking surface shall be not less than 12 inches.
EXCEPTION: Walls of combustible materials to be
installed within 12 inches of a cooking unit shall be provided
with protection equivalent to 1/2 inch gypsum wallboard
covered with laminated plastic[ on wood backing to a minimum
height of four inches above the burner]. The height of the
laminated clastic shall be 12" minimum.
(c) [Surface Finish.]Where alternate materials other
than as specified in section 513(a) and the exception to
section 513(b) are used as approved by the building official,
the surface of such material shall have a smooth, nonabsorbent
finish.
SECTION 9. Chapter 5, article 1, section 5-1.0.32 is amended
to read as follows:
Section 5-1.0.32. Amending section 705.
Section 705 is amended to read:
Sec. 705. [Light, Ventilation, and Sanitation.](a)
light and Ventilation All portions of Group B Occupancies,
other than rooms for which requirements are specified
elsewhere in this section, shall be provided with light[,] and
ventilation, (and sanitation] as specified in section 605(a).
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in all buildings or portions thereof where Class I, Ii,
or III-A liquids are used and in all parking garages, other
than open parking garages as defined in section 709(b), used
for storing or handling of automobiles operating under their
own power, mechanical ventilation shall be provided as
specified in chapter 39, title 11, Administrative Rules of the
Department of Health, State of Hawaii.
~ Sanitation Buildings or portions thereof where
persons are employed shall be provided with at least one water
closet Separate facilities shall be provided for each sea
when the number of employees exceeds four Such toilet
facilities shall be located either in such building or
conveniently in a building adiacent thereto on the same
property.
Such water closet rooms in connection with food
Pstab~ishments where food is prepared stored or served shall
have a nonabsorbent interior finish as specified in section
510(b) shall have hand washing facilities therein or adiacent
thereto and shall be separated from food preparation or
storage rooms as specified in section 510(x).
For other requirements on water closets see section 511.
SECTION 10. Chapter 5, article 1, sections 5-1.0.50,
5-1.0.51, 5-1.0.52 and 5-1.0.53 are repealed.
SECTION 11. Chapter 5, article 1, is amended by adding a new
section to read as follows:
~ }ion 5 1 0 53 a Amending section 1210
Section 1210(x)2 is deleted and replaced with the following:
~ Additions alterations or repairs to Group R
Occupancies When the valuation of an addition alteration or
- to a Group R Occupancy sleeping room exceeds $1.000 and
_^permit is required or when one or more sleeping rooms are
added or created in existing Group R Occupancies smoke
detectors shall be installed in accordance with subsections 3.
4 and 5 of this section.
SECTION 12. Chapter 5, article 1, section 5-1.0.60 is
repealed.
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SECTION 13. Anew section 5-1.0.60 is added to chapter 5,
article 1, to read as follows:
Section 5 1 0 60 Amending section 1712[a)
Section 1712 (a) Guardrails Unenclosed floor roof
and exterior wall openings open and glazed sides of
*3irwavs landings and ramps balconies or porches which are
more than 30 inches above grade or floor below and roofs used
for other than service of the building shall be protected by a
guardrail.
Open=hip w;nAnw~ 7nratPd on floors more than 5 feet above
adiacent grade or floor used for other than service of the
building shall be protected by a guardrail if the opening is
hPlow guardrail height
EXCEPTION• Guardrails need not be provided at the
following locations:
A On the loading side of loading docks
B On the auditorium side of a stage or enclosed
platform.
~ Alona vehicle service pits not accessible to the
public.
n At openable windows that are provided with
securely installed "insect" screen or other equal or better
barriers.
The top of guardrails shall not be lees than 42 inches in
height.
FYrEPTIONS• 1 The top of guardrails for Group R
Division 3 and Group M Division 1 Occupancies and interior
guardrails within individual dwelling unit Group R Division
3 congregate residences and guest rooms of Group R Division 1
Occupancies may be 36 inches in height.
2 The top of guardrails on a balcony immediately in
°ront of the first row of fixed seats and which are not at the
Pnd of an aisle may be 26 inches in height.
Open guardrails and stair railings shall have
intermediate rails or an ornamental pattern such that no
inches in diameter can pass throuah• provided that
the dimensions shall be such that no obiect 4 inches in
diameter can pass through for he following occupancies•
group R Divisions 1 and 3 Occupancies• Group E. Division_3
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Occupancies used for day care purposes; Group I. Division 1
orr~,oancies used for nurseries for children under kindergarten
age.
EXCEPTIONS: 1. The open space between the intermediate
rails or ornamental pattern of guardrails in areas of
rnmmercial and industrial-tvpe occupancies which are not
accessible to the public may be such that a sphere 12 inches
in diameter cannot pass through
? The triangular openings formed by the riser tread
and bottom element of a guardrail at the open side of a
cr~irwav may be of such size that a sphere 6 1/2 inches in
diameter cannot pass through.
SECTION 14. Chapter 5, article 1, section 5-1.0.64 is amended
to read as follows:
Section 5-1.0.64. Adding section 1718.
Section 1716 is added to read:
Section 1718. Grease Removal Ducts.
(a) Duct Enclosures. A duct serving a kitchen hood used
for collecting grease and smoke from a commercial kitchen
range and which penetrates a ceiling, wall or floor shall be
enclosed as follows:
1. Where a shaft enclosure is required, the duct
enclosure shall comply with section 1706.
2. When penetrating a fire-resistive assembly, the
fire-resistive requirements of chapter 43 must be maintained.
3. When clearance from the duct to combustible
construction is less than 18 inches, the duct shall be
enclosed in a duct enclosure which is lined on the inner face
as required for one-hour construction.
The enclosure shall be separated from the duct by at
least [3] ~ inches.
EXCEPTION• Ducts meeting clearance and protection
requirements of the 91 NFPA Standard for Ventilation Control
and Fire Protection of Commercial Cooking Operations
(b) Dampers. Dampers shall not be installed in exhaust
ducts or exhaust duct systems.
EXCEPTION: when specifically listed for such use or
required as part of a listed or approved device or system.
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(c) Penetrations Through Walls. Exhaust ducts shall not
pass through area separation or occupancy separation walls.
SECTION 15. Chapter 5, article 1, is amended by adding a new
section to read as follows:
RPrtion 5-1 0 70.a. Amending section 2510(a).
~p~tion 2510(x) is amended by revising the exception to read•
EXCEPTION• When approved fasteners used in contact with
preservative treated wood products including inorganic boron
when not below grade or exposed to weather
SECTION 16. Chapter 5, article 1, section 5-1.0.71 is amended
to read as follows:
Section 5-1.0.71. Amending section 2516(c)2.
Section 2516(c)2 is amended to read:
(2) Under-floor clearance. Minimum clearance between
bottom of floor joists or bottom of floors without joists and
the ground beneath shall be [20] 29 inches; between bottom of
girders and the ground shall be (12] inches.
EXCEPTION: Open slat wood decks shall have ground
clearance of at least 6 inches for any wood member.
Accessible under-floor area shall be provided with a
minimum 14 inch by 24 inch access opening.
SECTION 17. Chapter 5, article 1, section 5-1.0.72 is
repealed.
SECTION 18. Anew section 5-1.0.72 is added to chapter 5,
article 1, to read as follows:
cP }ion 5 1 0 72 Amending section 2516(c)3
Sew*ion 2516(c)3 is amended to read:
moil Treatment and Termite Barriers Where the
-'ate sills and structural lumber of new wood frame
~~idential buildings are supported directly on the around by
~ concrete slab either the soil beneath the building shall be
chemically treated at th maximum label rates by a licensed
-~~nr to control ground termites, or anti-termite sand or
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other termite barriers approved by the building official shall
ha installed Anti termite sand shall be placed beneath every
portion of the slab in a substrate of at least 4 inches in
thickness extending for at least 4 inches beyond the concrete
slab For th purposes of this code 'anti-termite sand'
shall be certified by the manufacturer to be of basaltic
material and the gradation of the sand shall be as follows•
inn nPrcent of the sand shall pass the No 4 (4 75mm) sieve
g5 to 100 percent of the No 8 (2 36mm) sieve 75 to 95
Pgrnant the No 10 (2.Omm) sieve. 35 to 50 percent to the No.
12 (1 7mm) sieve and 0 to 10 percent the No 16 >8mm)
sieve.
Gi-ructural Lumber All structural lumber including
posts beams rafters foists trusses studs plates sills
sleepers roof and floor sheathing flooring and headers of
new residential buildings shall be treated
Treatment shall consist of one of the following•
Treated in accordance with AWPA standards for
ACZA or CCA.
2. Treated in accordance with the former AWPB
Approved Hawaii Local Area Standard.
3. Treated in accordance with approved conditions
for Disodium Octaborate Tetrahvdrate (DOT) which shall include•
3 1 Minimum retention of 0.28 pound H24~
Per rnhir fnnt nr annroximately 0 42 pound of DOT per cubic
foot by assay.
~ 2 Minimum penetration of 0 4 inch and 90$ of
sapwood whichever is greater.
~ 3 Approved guality control program
3 9 Periodic testing by an approved
independ nt guality control inspection agency
4s Treated with other approved preservatives
All unexposed douglas-fir and hem-fir lumber with more
than 1 inch thickness shall be incised in accordance with AWPA
Standards.
EXCEPTION• Depth of incision may be 0.3 inch.
All end cuts shall be field protected with a preservative
in accordance with the manufacturer's instructions
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All treated lumber shall be marked or branded by an
approved third-party inspection agency
All structural lumber 2 inches or greater nominal
*hickness except 2 inch by 4 inch studs shall be labeled with
the following information:
s Name of treating facility
2s hype of preservative.
~ End use application.
9. 4uality mark of third-party inspection agency.
5. Retention/penetration minimum requirements.
~ Year of treatment.
All other lumber less than 2 inches in nominal thickness
including plywood shall be identified per bund~e by means of
a label consisting of the above requirements. Labels
mpg ring no less than 6 inches by 8 inches shall be placed on
tha lower left corner of the strapped bundle.
SECTION 19. Chapter 5, article 1, section 5-1.0.73 is amended
to read as follows:
Section 5-1.0.73. Adding section 2516(c)12.
Section 2516(c)12 is added to read as follows:
12. Pipe and other penetrations. Insulation around
plumbing pipes shall not pass through slabs Openings around
pipes [penetrating] or similar penetrations in a concrete or
masonry slab, which is in direct contact with earth, shall be
filled with [flexible] non-shrink grout( or sealant].
SECTION 20. Chapter 5, article 1, section 5-1.0.133 is
amended to read as follows:
Section 5-1.0.133. Adding chapter 63.
Chapter 63 is added to read as follows:
Chapter 63. PUBLIC SWIMMING POOLS.
Sec. 6301. Applicability. These provisions are
applicable to the design and construction of public swimming
and wading pools.
Those pools covered by these regulations include
municipal, institutional, hotel, apartment, and pools of
similar type usage; and hydrotherapy spas, therapeutic pools,
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and special pools of similar type usage. Not covered are
swimming pools, spas, and hot tubs for one and two-family
dwelling, and similar type pools; and ornamental pools.
All provisions of the Building, Electrical, and Plumbing
Codes shall be applicable unless indicated otherwise in this
chapter. (Although exempted from this chapter,
private]Private residential pools shall also comply with the
Building, Electrical, and Plumbing Codes and Section 6309 of
this chanter reaardino fences.
Sec. 6302. General.
(a) Building Permit Required. No person shall install
any swimming pool or cause the foregoing to be done without
first obtaining a building permit.
(b) Plans and Specifications. Plans, specifications and
sufficient data shall be submitted with each application for a
permit and shall be prepared by an engineer or architect
licensed by the State of Hawaii.
Section 6303. Construction Details.
(a) Materials. All pools and all appurtenances thereto
shall be constructed of impervious and durable materials which
are nontoxic, which can withstand the design stresses, and
which will provide a water-tight structure with a smooth and
easily cleaned surface. The surfaces within the pool intended
to provide footing for bathers shall be designed to provide a
slip-resistant surface.
(b) Water Depth. Swimming pools shall have a minimum
depth of water in the shallow end of three feet. wading pools
shall have a maximum water depth of 24 inches. The water
depth at the perimeter of wading pools shall not exceed
18 inches. Exceptions to depth requirements may be made for
hydrotherapy spas, therapeutic pools and other special
condition pools as approved by the building official.
The depth of water in feet and inches shall be plainly
marked above the water surface on the vertical pool wall
and/or on top of the deck edge within 18 inches of the water
edge at all major deviations of pool depth. Depth marking
shall have a four-inch minimum height, be slip-resistant and
spaced at not more than twenty-five foot intervals.
(c) Slope of Pool Floor. The slope of the pool floor
from the shallow end wall towards the deep end shall not
exceed one in ten (1:10) to the point of the first slope
change. The slope of the floor from the first slope change to
the deep end shall not exceed one in three (1:3).
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(d) Pool Shape. No limits are specified for the shape
of swimming pools except that consideration shall be given to
the shape from the standpoint of safety and adequate
circulation of the swimming pool water. There shall be no
protrusions, means of entanglement, or other obstructions in
the swimming pool which can cause the entrapment or injury of
the bather.
(e) Handholds, Egress and Entry. All swimming pools,
shall be provided with handholds (coping edge, rings, ledges,
secured rope or similar devices) around the perimeter
installed in areas where depths exceed three feet siz inches,
no further apart than four feet and not greater than 12 inches
above the water line. Where perimeter overflow systems are
not provided, a coping ledge, cantilevered deck edge or
materials equivalent in strength and durability with rounded,
slip-resistant edges shall be provided.
Adequate means of entry to and egress from swimming pools
shall be provided utilizing stairs, ladders, ledges, recessed
steps or other approved means.
(f) Decks, Walkways and Ramps. Decks, walkways, ramps
and similar surfaces shall be slip-resistant and sloped to
provide adequate drainage away from the pool.
Section 6304. Illumination. Illumination of the pool
interior shall be provided for night use with not less than
0.50 watts per square foot of pool surface area.
Section 6305. Filtration and Circulation. All pools
shall be provided with a recirculation system adequate in its
design to provide uniform circulation of the water and rated
flows for proper filtration.
At least one drain shall be provided at the lowest point
of pool floor and shall be of the anti-vortex type or
otherwise designed to prevent being blocked by a bather.
The materials utilized in the recirculation system shall
be of a non-toxic material, resistant to corrosion and able to
withstand operating pressures.
The recirculation and filtration equipment for swimming
pools shall be sized to turn over the entire pool water
capacity at least once every six hours. The equipment for
wading pools shall be sized for a two-hour turnover. The
equipment for hydrotherapy spas, therapeutic pools and special
pools of similar type usage shall be sized for a thirty-minute
turnover.
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A pressure gauge and rate of flow indicator as a means of
indicating system condition shall be provided in the
circulation system at easily readable locations.
An overflow collection system (gutters), automatic
surface skimmers or other approved collection systems shall be
installed on all pools covered by these regulations.
Filtration backwash water shall be discharged to sanitary
sewer, dry well or injection well. Pool drain water shall be
discharged to storm drain, dry well, injection well or surface
areas within owner's property.
Section 6306. Chemical Feeding and Regulating
Equipment. All swimming pools shall be provided with adequate
and appropriate chemical feeding and regulating equipment
capable of precisely feeding the required quantity of
disinfecting agent to the pool water. Chemical feeders shall
be installed downstream of the pool filtration and heating
equipment and shall be electrically wired so they cannot
operate unless the pool recirculating pump is running.
When compressed chlorine gas is used, the chlorine
cylinders and chlorine mechanical proportioning equipment
shall be housed in a separate, corrosion-resistant,
mechanically-vented enclosure, which is reasonably resistant
to gas leakage. Access to the chlorination room shall be from
the exterior. The mechanical ventilation system shall exhaust
at least 4 CFM per square foot of floor space with exhaust
intake at floor level. Automatic louvers near the top and
bottom of the room for admitting air shall be provided. The
chlorine exhaust vent shall terminate at least 10 feet above
the ground and pool deck area. Electrical switches for the
control of artificial lighting and ventilation equipment shall
be located on the outside of the enclosure adjacent to the
door. Gas masks approved by the National Institute for
Occupational Safety and Health shall be accessible outside the
chlorine enclosure.
Section 6307. Lifesaving Equipment. One unit of
life-saving equipment shall be provided for each 2,000 square
feet of swimming pool area and shall consist of:
(1) A ring buoy with a minimum outside diameter of
24 inches to which shall be attached a length of one-quarter
inch rope not less than one and one-half times the maximum
width of the pool.
(2) A shepherd's crook with minimum length handle
of 12 feet.
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(3) Where no lifeguard is provided, a warning sign
shall be placed in plain view and shall state "Warning No
Lifeguard on Duty" with letters at least four inches high.
Section 6308. Heaters. Heaters shall comply with the
Electrical and Plumbing Codes and shall be installed in
accordance with the manufacturer's instructions.
Section 6309. Fences and Other Protective Devices.
Every person in possession of land, either as owner, lessee,
tenant or licensee, upon which is situated a swimming, dipping
or wading pool which contains water 18 inches or more in depth
at any point shall erect and maintain thereon a fence, wall or
other enclosure completely surrounding such pool or the
property on which the pool is situated, sufficient to make the
pool inaccessible to small children; provided that a dwelling
or other building which may serve as a barrier, may be used as
a part of such enclosure. Such fence, wall or other
enclosure, including gates, shall be at least four and
one-half feet high (four feet for residential swimming cools)
and with openings that does not allow passage of a four inch
diameter sphere.
[EXCEPTION: The provisions of this section shall not
apply to any swimming, dipping, or wading pool on the premises
of a hotel as defined in the Zoning Code.]
All gates or doors must be self-closing and equipped with
a self-latching device capable of keeping such gate or door
securely closed, with latches placed at least four feet above
ground or otherwise made inaccessible from the outside to
small children; provided that the door of any dwelling forming
any part of the enclosures hereinabove required need not be so
equipped.
EXCEPTION: The provisions of this section shall not
apply to anv swimming dipping or wading pool on the premises
of a hotel as defined in the Zoning Code
Section 6310. Violations and Penalties. For violations
and penalty provisions, see section 205.
SECTION 21. Chapter 11 is repealed.
SECTION 22. 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 23. If any provision of this ordinance, or the
application thereof to any person or circumstance, is held invalid,
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such invalidity shall 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 declared to be severable.
SECTION 24. This ordinance shall take effect upon its
approval.
INTRODUC Y:
COUNCIL MEMBER, OUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: November 21, 1996
Date of 1st Reading: November 21, 1996
Date of 2nd Reading: December 18, 1996
Effective Date: Cecember 24, 1996
31811/GT
REFERENCE: Gomm. 1413._
A""~'~"di:a AS TO
f'' ~F~ A1~ifl LEGALITY:
DEP~ CORPORATION COUNSE!
COUNTY OF HAWAII
Dare CIEC ~ 1995
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