HomeMy WebLinkAboutBIL 298 Draft 01 2008-2010 .
COUNTY OF HAWAII : •_ ' =- '/ _• STATE OF HAWAII
BILL NO. 298
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 27, ARTICLE 2, AND ARTICLE 4, OF THE
HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
FLOODPLAIN MANAGEMENT.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this ordinance is to amend Chapter 27 of the
Hawaii County Code so that it continues to meet or exceed the current National Flood Insurance
Program regulations while implementing pragmatic and reasonable provisions for the regulation
of new construction and substantial renovation of existing structures.
SECTION 2. Chapter 27, article 2, section 27 -12 of the Hawai`i County Code 1983
(2005 Edition, as amended), is amended by repealing the definition of "Buffer zones ":
[««:. - " . - . .. e -- •. �:.. •
- . •• .:•-: .. - .. • °:..
elevations or depth numbers. "]
SECTION 3. Chapter 27, article 2, section 27 -12 of the Hawai`i County Code 1983
(2005 Edition, as amended), is amended by amending the definition of "Substantial
improvement" to read as follows:
"Substantial improvement." For the purposes of this chapter, the
determination of whether any improvements constitute substantial improvements
is applicable only to structures built prior to May 5, 1982 or buildings constructed
after May 5, 1982 which were not within a special flood hazard area at the time of
issuing the building permit. "Substantial improvement" means any repair,
reconstruction, rehabilitation, addition, or other proposed new development of a
structure, the cost of which equals or exceeds fifty percent of the market value of
the structure before the "start of construction" of the improvement which shall be
the sum of all costs of all such work performed in the previous [ten] three years
including the cost of the current work being considered. The value of the structure
including previous [ten] three year improvements, shall be certified by a
contractor, engineer, or architect licensed by the State and the property owner as
may be required on a form provided by the County. This term includes structures
which have incurred "substantial damage," regardless of the actual repair work
performed. The term does not, however, include either:
(1) Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code
specifications which have been identified by the local code
enforcement official and which are the minimum necessary to
assure safe living conditions; or
(2) Any alteration of a "historic structure," provided that the alteration
will not preclude the structure's continued designation as a
"historic structure."
SECTION 4. Chapter 27, article 4, section 27 -17 of the Hawaii County Code 1983
(2005 Edition, as amended), is amended to read as follows:
"Section 27 -17. Certification standards.
Pre - construction and post- construction certification of elevation and
floodproofing of new construction, improvements to repetitive loss structures,
development, and substantial improvements within areas of special flood hazards [and
buffer zones] shall be submitted to the director of public works and shall be maintained
as a matter of public record.
(a) Pre - construction certification. Requirements for approval of the building permit
shall include the following items, as applicable, and any additional items as
required by the director of public works to promote public welfare and safety:
(1) Certification of building plans. Each set of building plans shall be certified
by a structural engineer or architect, currently licensed in the State of
Hawai`i, to be in compliance with the requirements of this chapter.
(2) Elevation certification on building plans. The elevation of the lowest floor
shall be certified on each set of the building plans by a civil engineer or
land surveyor currently licensed in the State of Hawai`i.
(3) Special flood hazards area certification. The County of Hawai`i "Special
Flood Hazard Area Certification" form, as amended, shall be completed
and certified by a structural engineer or architect currently licensed in the
State of Hawai`i. The completed "Special Flood Hazard Certification"
shall be submitted for approval with the building plans.
(4) Floodproofing certification. For all new nonresidential construction and
substantial improvement with enclosed areas below the base flood
elevation, the Federal Emergency Management Agency "Floodproofing
Certificate" form, as amended, shall be completed and certified by an
engineer or architect currently licensed in the State of Hawai`i and shall be
submitted for approval with the building plans. The director of public
works may require additional information regarding the floodproofing
design from the permit applicant and the applicant shall provide it. The
information required may include the design data and calculations used in
the floodproofing design, a detailed flood elevation study, a drainage
report, and other information as determined necessary by the director of
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public works to establish compliance with the provisions of this chapter
and to promote public welfare and safety.
(b) Post - construction certification. Requirements for approval of the certificate of
occupancy shall include the following items, as applicable, and any additional
items as required by the director of public works to promote public welfare and
safety:
(1) Elevation certification. The Federal Emergency Management Agency
"Elevation Certificate," as amended, shall be completed and certified by a
land surveyor, civil engineer, or architect currently licensed in the State of
Hawai `i and submitted for approval with the application for the certificate
of occupancy. The information certified within the "Elevation Certificate"
shall be based on actual construction.
(2) Compliance with other requirements of this chapter."
SECTION 5. Chapter 27, article 4, section 27 -18 of the Hawai`i County Code 1983
(2005 Edition, as amended), is amended to read as follows:
"Section 27 -18. Standards for construction.
Standards for construction within areas of special flood hazards [and buffer
zones] are established as follows:
(a) Anchoring.
(1) New construction, improvements to repetitive loss structures, and
substantial improvements shall be adequately anchored to resist flotation,
collapse or lateral movement of the structure resulting from hydrodynamic
and hydrostatic loads, including the effects of buoyancy.
(2) All manufactured homes, including mobile homes, shall meet all standards
for structures.
(b) Construction materials and methods.
(1) New construction, improvements to repetitive loss structures, and
substantial improvement shall be constructed with materials and utility
equipment resistant to flood damage.
(2) New construction, improvements to repetitive loss structures, and
substantial improvement shall be constructed using methods and practices
that minimize flood damage.
(3) New construction, improvements to repetitive loss structures, and
substantial improvement shall be designed and constructed with electrical,
heating, ventilation, plumbing, air - conditioning equipment, and other
service facilities including, but not limited to, furnaces, heat pumps, water
heaters, washers, dryers, elevator lift equipment, electrical junction boxes,
circuit breaker boxes, and food freezers located above the base flood
elevation plus any required freeboard.
(4) Within Zones V and VE, new construction, improvements to repetitive
loss structures, and substantial improvements shall comply with the
standards of section 27 -23.
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(5) Recreational vehicles placed on sites within Zones AH and AE on the
FIRM shall be elevated and anchored or be on the site for less than one
hundred eighty consecutive days or be fully licensed and highway ready.
(c) Encroachments.
(1) Within a floodway, encroachments (including fill), new construction,
improvements to repetitive loss structures, substantial improvements, and
other developments, shall be prohibited unless certified by a professional
civil engineer licensed in the State of Hawai`i, with supporting data, that
the encroachment will not cause any increase in base flood elevations
during the occurrence of the base flood discharge.
(2) Require, until a regulatory floodway is designated, that no new
construction, improvements to repetitive loss structures, substantial
improvements, or other development (including fill), shall be permitted
within Zones AE on the FIRM, unless demonstrated that the cumulative
effect of the proposed development, when combined with all other
existing and anticipated development, will not increase the water surface
elevation of the base flood at any point.
(3) Within all zones of special flood hazards, but not including floodways,
filling which would result in the blockage or impediment of flow and /or
induce or aggravate flooding shall be prohibited unless certified by a
professional civil engineer licensed in the State of Hawai`i, with
supporting data, that the encroachment will not cause any increase in base
flood elevations during the occurrence of the base flood discharge.
(4) Within floodway fringe areas, filling to elevate the lowest floor of a
nonresidential structure may only be permitted where the structure:
(A) Is floodproofed so that below the base flood elevation plus any
required freeboard the structure is watertight with walls
substantially impermeable to the passage of water, and
(B) Has structural components capable of resisting hydrostatic and
hydrodynamic loads and the effects of buoyancy.
(5) In Zones V and VE, [fig] use of fill for structural support of buildings
shall be prohibited.
(d) Elevation and floodproofing.
(1) Within Zones AE and AH:
(A) For residential new construction, improvements to repetitive loss
structures, and substantial improvements, the lowest floor shall be
elevated to or above the base flood elevation plus a freeboard of at
least one foot.
(B) For nonresidential new construction, improvements to repetitive
loss structures, and substantial improvements, the lowest floor
shall be elevated or floodproofed to or above the base flood
elevation plus a freeboard of at least one foot. If the lowest floor is
below the base flood elevation plus the required freeboard, then the
structure together with attendant utility and sanitary facilities shall
be designed, constructed, and certified by a currently licensed
professional engineer or architect in the State of Hawai`i such that:
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(i) The structure is watertight below the base flood elevation
plus the required freeboard.
(ii) The walls are substantially impermeable to the passage of
water.
(iii) The structural components are capable of resisting
hydrostatic and hydrodynamic loads and the effects of
buoyancy.
(C) Within Zone AH, new construction, improvements to repetitive
loss structures, and substantial improvement shall be required to
provide adequate drainage paths around structures on slopes to
guide floodwaters around and away from proposed structures.
(D) Fully enclosed areas below the lowest floor that are useable solely
for parking of vehicles, building access, or storage in an area other
than a basement and which are subject to flooding, shall be
designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a
currently licensed professional engineer or architect or meet or
exceed the following criteria: A minimum of two openings having
a total net area of not less than one square inch for every square
foot of enclosed area subject to flooding shall be provided. Each
opening must be on different sides of the enclosed area. The
bottom of all openings shall be no higher than one foot above
grade. Openings may be equipped with screens, louvers, valves, or
other coverings or devices provided that they permit the automatic
entry and exit of floodwaters.
(2) Within Zone AO:
(A) For residential new construction, improvements to repetitive loss
structures, and substantial improvements, the lowest floor shall be
elevated above the highest adjacent grade at least one foot above
the depth number specified in feet on the FIRM, or at least three
feet if no depth number is specified.
(B) For nonresidential new construction, improvements to repetitive
loss structures, and substantial improvements, the lowest floor
shall be elevated or completely floodproofed above the highest
adjacent grade at least one foot above the depth number specified
in feet on the FIRM, or at least three feet if no depth number is
specified. If the lowest floor is to be completely floodproofed, then
a currently licensed professional engineer or architect in the State
of Hawai`i shall develop and /or review structural design,
specifications and plans for construction and shall certify that the
design and methods of construction are in accordance with
accepted standards of practice for the structure together with
attendant utility and sanitary facilities such that:
(i) The structure is watertight below the referenced flood
elevation.
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(ii) The walls are substantially impermeable to the passage of
water.
(iii) The structural components are capable of resisting
hydrostatic and hydrodynamic loads and the effects of
buoyancy.
(C) New construction, improvements to repetitive loss structures, and
substantial improvement shall be required to provide adequate
drainage paths around structures on slopes to guide floodwaters
around and away from proposed structures.
(3) Within Zones V and VE: New construction, improvements to repetitive
loss structures, and substantial improvement shall comply with the
standards of section 27 -23.
(4) Within Zone A: New construction, improvements to repetitive loss
structures, and substantial improvement shall comply with the standards of
section 27 -24.
[(5) Buffer zones: Ar as bordering and within fifty feet of a special flood
- . -- . .. .:•-: . '- ..-
flood elevations or depth numbers.
(A) For residential new construction, improvements to repetitive lost
- - . . . -- .. - .... - - •. . .. .
plus a freeboard of at 1 st one foot.
(B) For nonresidential new construction, improvements to repetitive
shall be elevated or fl...... - - ... _ .. -
- - . - .. a freeboard of at least one foot. If
• - .... - - •
.
. - . . quired freeboard, then a currently licensed
professional engineer or architect in the State of Hawai`i shall
construction are in accordance with accepted standards of practice
facilities such that:
(i) The structure is watertight below the bordering base flood
elevation or depth number plus the required freeboard.
(ii) The walls ar- .. . • . • - -- - ... . - ..
water.
hydrostatic and hydrodynamic loads and the effects of
bueyane
(C) New construction, improvements to repetitive loss structures, and
substantial improvements, shall be required to provide a drainage
path around and away from proposed structures.
(D) When topographicound elevation data, submitted by a civil
engineer or land surveyor currently licensed in the State of
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Hawai`i, shows that the -- proposed -hu' . • • - : ••
elevation requirements of paragraph 27 18(d)(5)(A) and 27
: . 11. , . s... . _ . .
applie_able.]
(e) Certification requirements. All new construction, improvements to repetitive loss
structures, and substantial improvement within areas of special flood hazard [and
buffer zones] shall be certified as required by the standards of section 27 -17."
SECTION 6. Chapter 27, article 4, section 27 -23 of the Hawai`i County Code 1983
(2005 Edition, as amended), is amended to read as follows:
"Section 27 -23. Standards for coastal high hazard areas.
Coastal high hazard areas, more commonly known as tsunami inundation areas,
are identified as Zone V or Zone VE on the Flood Insurance Rate Maps. Within coastal
high hazard areas, the following standards shall apply:
(a) All new construction, improvements to repetitive loss structures, and
substantial improvements in a coastal high hazard area shall be
constructed with materials and utility equipment resistant to flood damage
and using methods and practices that minimize flood damage.
(b) New construction, improvements to repetitive loss structures, and
substantial improvement shall be elevated on adequately anchored pilings
or columns and securely anchored to such pilings or columns so that the
lowest horizontal portion of the structural members of the lowest floor,
excluding the pilings and columns, is elevated to or above the base flood
level. The pile or column foundation and structure attached thereto shall
be anchored to resist flotation, collapse, and lateral movement due to the
effects of wind and water loads acting simultaneously on all building
components. The wind and water loading values shall each have a one
percent chance of being equaled or exceeded in any given year.
(c) New construction, improvements to repetitive loss structures, and other
development shall be located on the landward side of the reach of mean
high tide.
(d) New construction, improvements to repetitive loss structures, and
substantial improvement shall have the enclosed space, if any, below the
lowest floor free of obstructions and constructed with breakaway walls as
defined in section 27 -12. Such enclosed space shall not be used for human
habitation and will be useable solely for parking of vehicles, building
access, or storage. Machinery and equipment which service the building,
such as furnaces, air conditioners, heat pumps, hot water heaters, washers,
dryers, elevator lift equipment, electrical junction and circuit boxes, and
food freezers are not permitted in such enclosed spaces. The enclosed
space must only be achieved with breakaway walls, open wood
latticework, or insect screening intended to collapse under wind and water
loads without causing collapse, displacement, or other structural damage
to the elevated portion of the building or supporting foundation system. A
breakaway wall shall have a design safe loading resistance of not less than
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ten and no more than twenty pounds per square foot. Use of breakaway
walls which exceed a design safe loading resistance of twenty pounds per
square foot may be permitted only if a licensed professional structural
engineer certifies that the design proposed meets the following conditions:
(1) Breakaway wall collapse shall result from a water load less than
that which would occur during the base flood; and
(2) The elevated portion of the building and supporting foundation
system shall not be subject to collapse, displacement, or other
structural damage due to the effects of wind and water loads acting
simultaneously on all building components (structural and
nonstructural). Maximum wind and water loading values to be
used in this determination shall each have a one percent chance of
being equaled or exceeded in any given year (one- hundred -year
mean recurrence interval).
(e) Fill shall not be used[:] for structural support of buildings.
(f) Man -made alteration of sand dunes which would increase potential flood
damage is prohibited.
(g) All new construction, improvements to repetitive loss structures,
development, and substantial improvement within coastal high hazard
areas shall be certified as required by section 27 -17.
(h) Recreational vehicles placed on sites within Zones V and VE on the FIRM
shall be elevated and anchored or be on the site for less than one hundred
eighty consecutive days or be fully licensed and highway ready."
SECTION 7. Material to be repealed is bracketed and stricken. Material to be added is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 8. If any provision of this ordinance, or the application thereof to any person
or circumstance is held invalid, 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 9. This ordinance shall take effect upon its approval
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1 Reading:
Date of 2nd Reading:
Effective Date:
REFERENGF.4 Comm. 936
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