HomeMy WebLinkAboutCOM 0128.074 2010-2012BRITTANY SMART
Councilmember
Hawai `1 County Council
October 4, 2011
Hawai `i County Council
County of Hawai `i
25 Aupuni Street
Hilo, Hawaii 96720
T0: Dominic Yagong, Chairperson
and Members of the Hawai'i County Counc
FROM: Brittany Smart, Councilmember
SUBJECT: Proposed Amendments to Bill No. 270, Draft 3; An Ordinance Repealing Chapter 5 of the Hawai'i
County Code, 1983 (2005 Edition, As Amended), To Be Replaced By A New Chapter 5, Relating To
Building
Please find attached proposed amendments to Bill No. 270, Draft 3. The proposed amendments to Bill No. 270,
Draft 3, are illustrated below by Ramseyer format with respect to the contents of Bill No. 270, Draft 3, and bolded for
emphasis; material to be deleted is bracketed and stricken through, material to be added is underscored.
bsmart@co.hawaii.hi.us
Phone: (808) 961 -8263
Fax: (808) 961 -8912
1. Section 5 -11, of Bill No. 270, Draft 3, is amended to read as follows:
"Section 5 -11. Duties of the Administrative Authority.
The administrative authority shall maintain public office hours necessary to efficiently administer the
provisions of this code and amendments thereto and shall perform the following duties:
(1) Shall enforce the provisions of this code and shall have authority to render interpretations of this code
and to adopt policies and procedures in order to clarify the application of its provisions. Such
interpretations, policies and procedures shall be in compliance with the intent and purpose of this code[:]
and any other(s) relating to this building code that may be adopted by Hawai'i County. Such
policies and procedures shall not have the effect of waiving requirements specifically provided for in this
code;
(2) Require submission of, examine, and check plans and specifications, drawings, descriptions, and
diagrams necessary to show clearly the character, kind, and extent of work covered by applications for a
permit, and upon approval, shall issue the permit applied for;
(3) Administer and enforce the provisions of this code in a manner consistent with the intent thereof and
shall inspect all plumbing and drainage work authorized by any permit to assure compliance with
provisions of this code or amendments thereto, approving or condemning said work in whole or in part as
conditions require;
Serving the Interests of the People of Our Island
Hawai `i County is an Equal Opportunity Provider and Employer
Comm. No. 1 $•7'
Ref. To: Preseetei Co uvt 4 1,
Ref. Date OCT 5 2011
(4) Issue upon request a certificate of approval for any work approved by the administrative authority;
(5) Condemn and reject all work done or being done or materials used or being used which do not in all
respects comply with the provisions of this code and amendments thereto;
(6) Order changes in workmanship and materials essential to obtain compliance with all provisions of this
code;
(7) Investigate any construction or work regulated by this code and issue such notices and orders as
provided in this code; and
(8) Keep a complete record of all essential transactions."
2. Section 5 -19 of Bill No. 270, Draft 3, is amended to read as follows:
"Section 5 -19. Permit required.
(a) No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, 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.
(b) Permits will be further required for, but not limited to, the following:
(1) All Television /Radio Communication Towers, etc., not regulated by the Public Utility Commission.
(2) Complete new installations of all solar water heating systems, or the complete replacement of existing
system with all new components, or relocating of panels from roof to ground or vice versa, along with
plumbing and electrical permits.
(3) Construction or renovation of Handicap Accessible routes from parking lot to building or from building to
building on a lot.
(4) Water tanks or catchments, [regardless of height or size.] greater than 5,000 gallons or with a
height to diameter or width ratio greater than 2:1.
(5) Retaining walls four feet and higher. Stepped or terraced retaining walls 8' -0" of each other are
considered to be one wall when determining wall height.
EXCEPTIONS: A permit is not required for:
(1) Work located primarily in a public way, public utility towers, bridges, and poles, mechanical equipment
not specifically regulated in this code, and hydraulic flood control structures.
(2) Temporary structures used during the construction of a permitted structure, temporary buildings,
platforms, and fences used during construction or for props for films, television or live plays and
performances.
(3) Re- roofing 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 U Occupancies.
(4) Temporary tents or other coverings used for private family parties or for camping on approved
campgrounds.
(5)
Television and radio equipment (i.e. antennas, dishes) accessory to R -1 and R -3 Occupancies.
] All installations
must meet zoning requirements.
••• -
(6) Awnings projecting up to 4 feet and attached to the exterior walls of buildings of Group R -3 or U
Occupancy; provided that the awnings do not violate the provisions for "yards" in Chapter 25 (Zoning)
of the Hawai'i County Code.
(7) Standard electroliers not over 35 feet in height above finish grade.
(8) Installation of wallpaper or wall covering which are exempted under the provisions of Section 801.1,
Interior Finishes, Chapter 8, IBC.
(9) Repairs which involve only the replacement of component parts of existing work with similar materials
for the purpose of maintenance, and which do not aggregate over $4000 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 U Occupancies which are not
regulated (under Section 310.3.12 Cooking Unit Clearances of this code). Wall mounted shelving not
affecting fire resistance or structural members of wall. This is dealing with clearances to cabinets and
range clearance to combustible.
(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 [1161 24" in depth.
(15) Department of Transportation, harbors, - section 266 -2, Hawaii Revised Statutes.
(16) Fences 6' -0" or less in height.
(17) Detached structures for animal shelters, storage sheds, towers, and similar uses not more than 6' -0" in
height.
(18)
square -feet] One -story detached accessory buildings provided the floor area does not exceed
600 square feet on agricultural zoned lands and the building height from grade to top of roof does
not exceed 12'0 ". [ - •• - !" - - - • - -.] (Building
cannot be located within building setback as required by the Zoning, Chapter 25, of Hawaii County
Code. Verify setback requirements with the Planning Department).
(19) Detached decks or platforms less than 30" in height above grade. (Building cannot be located
within building setback as required by the Zoning, Chapter 25 of Hawaii County Code. Verify
setback requirements with the Planning Department).
R1911(20) Playground equipment, excluding assembly or similar waiting areas.
[(204](21) Replacement of solar water heating components (i.e. panels, tanks) in the same location and of the
same type, however; plumbing and /or electrical permits required.
[(21)](22) Wells and Reservoirs — Hawai'i Revised Statutes, chapter 178. Check requirements of other
governmental agencies.
[(22)1(23) Work performed under the jurisdiction or control of the State Department of Accounting and General
Services (DAGS)."
3. Section 5 -22 of Bill No. 270, Draft 3, is amended to read as follows:
"Section 5-22. Expiration.
(a) Every permit issued by the building official under the provisions of this code shall expire by limitation and
become null and void (i) three (3) years after the date of issuance, or (ii) 120 days from the date of issuance
if the building or work authorized by the permit is [ .] suspended or
abandoned for a period of 120 days or more at any time after the work has commenced. ["nit
] In the event of strikes or other causes
beyond the control of the builder, the building official may extend the aforementioned three (3) year or 120
day periods. The extension of time granted shall be a reasonable length of time but in no case exceed six (6)
months. Requests for an extension must be made in writing to the building official. No exceptions will be
allowed for building permits issued prior to the adoption of this code.
(b) Upon expiration of a permit, all work shall cease and shall not be recommenced until a new permit is
obtained. The building official may waive the requirements for submittal of plans and specifications in
connection with a permit renewal if the work previously permitted remains the same, no amendments have
been made to the building code affecting the work, and previously approved plans are still on file. When the
building official determines that plans need not be submitted, the original plans, stamped and approved by
the building official, shall be the renewed permit plans.
(c) An owner - builder permit shall expire by limitation and become null and void five (5) years after the
date of issuance. If the building or work authorized by the permit is suspended or abandoned any
time after the work has commenced, the building official, upon request, may suspend the permit
expiration until such a time that the owner - builder is ready to re- commence building or work
authorized by approved permit."
4. Section 5 -41, Inspection requests, is amended by amending subsection (d) to read as follows:
"(d) Within a reasonable time thereafter, the work or equipment shall be altered or removed as required, and
necessary changes shall be made so that all such work and equipment may fully comply with the provisions of
this chapter before further work is connected on or with the condemned work or equipment. In default, the
[electrical] general contractor or owner builder shall be liable to the penalties provided in this chapter, and
any and every owner, contractor or other person engaged in construction of the building or structure, or
otherwise, covering or allowing to be covered such portion of work or equipment, or removing any notice not to
cover same placed thereon by the building official shall likewise be liable to the penalties provided for in this
chapter."
5. Section 5 -61, Criminal prosecution, is deleted in its entirety:
"Section 5 -61. [Criminal-prosecution] Reserved.
col
6. Section 5 -76 of Bill No. 270, Draft 3, is amended to read as follows:
"Section 5 -76. Amendments to Appendix C; Group U — Agricultural Buildings.
Section C101, General, is amended by adding the following:
C101.2 [ .] Buildings for the production or support of operations
for the production of food, flowers, and other grown or harvested items including but
not limited to agriculture, aquaculture, aviculture, and horticulture buildings and
structures of Group U Occupancy ( ] open fully on at least 2 sides or
with side covering of wire screen, cheesecloth, fencing, or non -rigid plastic sheets are not
required to conform to the requirements of Chapters 4 -9, 11 -26, 28, 30, 31, 34 and 35 of this
code when located in areas zoned for agricultural use and not an essential (is removable)
part of any other structure.
C101.3 Fences.
C101.3.1 General. Fences shall be constructed in accordance with this code and all
applicable County and State regulations.
C101.3.2 Barbed or razor wire fences. Barbed or razor wire shall not be used for
construction of any fence.
Exceptions:
(a) Barbed or razor wire may be used in fences enclosing the following
premises, provided that barbed or razor wire shall be placed along or
above the height of 6 feet from the ground, subject to the approval of the
fire department:
(1) Any "public utility" as defined in section 269 -1, Hawaii Revised
Statutes;
(2) Premises in industrial zoned districts and used for storage or
handling of hazardous materials, and premises zoned 1 -2 or 1 -3,
intensive or waterfront industrial districts which are used for industrial
purposes and are not adjacent to premises used for other purposes;
(3) Zoos for keeping animals and birds for public view or exhibition;
(4) Jails, prisons, reformatories, and other institutions which are involved
in law enforcement or military activities where security against entry
is an important factor.
(b) Barbed wire may be used in premises used for pasturing cattle or raising
swine or to keep pigs or other wild animals out.
Section C101.3.3 Construction barrier. See Section 3306 for fences allowed during
construction or demolition."
7. W101.4, Section 1609.1.2, as provided in Section 5 -82 of Bill No. 270, Draft 3, is amended to read as
follows:
"1609.1.2 Protection of openings. Open and enclosed buildings shall be permitted to be
unprotected. In wind -borne debris regions glazing in building shall be impact- resistant or protected with an
impact- resistant covering meeting the requirements of an approved impact- resisting standard or ASTM E 1996
and of ASTM E 1886 referenced therein as follows:
1. Glazed openings located within 30 feet (9144 mm) of grade shall meet the requirements of the
Large Missile Test of ASTM E 1996
2. Glazed openings located more than 30 feet (9144 mm) above grade shall meet the provisions of
the Small Missile Test of ASTM E 1996
Exceptions:
1. Wood structural panels with a minimum thickness of 7/16 inch (11.1 mm) and a maximum panel
span of 8 feet (2438 mm) shall be permitted for opening protection in one- and two -story buildings.
Panels shall be precut so that they shall be attached to the framing surrounding the opening
containing the product with the glazed opening. Panels shall be secured with the attachment
hardware provided. Attachments shall be designed to resist the components and cladding Toads
determined in accordance with the provisions of ASCE 7. Attachment in accordance with Table
1609.1.2 is permitted for buildings with a mean roof height of 33 feet (10.058 mm) or Tess where
wind speeds do not exceed 130 mph (57.2 m /s).
2. Glazing in Occupancy Category 1 buildings as defined in Section 1604.5, including greenhouses
that are occupied for growing plants on a production or research basis, without public access shall
be permitted to be unprotected.
3. Glazing in Occupancy Category 11, 111 or IV buildings located over 60 feet (18,288 mm) above the
ground and over 30 feet (1,944 mm) above aggregate surface roofs located within 1,500 feet (458
m) of the building shall be permitted to be unprotected.
4. Glazing in Occupancy Category 11 and 111 buildings that can receive positive external pressure in
the lower 60 feet (18,288 mm) shall be assumed to be openings unless such glazing is impact -
resistant or protected with an impact- resistant system.
Exception: Glazing in Occupancy Category 111 buildings defined by Table 1604.5 of the following
occupancies shall be provided with windborne debris protection:
a. Covered structures whose primary occupancy is public assembly with an occupant load
greater than 300.
b. Health care facilities with an occupant load of 50 or more resident patients, but not having
surgery or emergency treatment facilities.
c. Any other public building with an occupant load greater than 5,000.
1609.1.2.1 Building with openings. Where glazing is assumed to be an opening in accordance with Section
1609.1.2, the building shall be evaluated to determine if the openings are of sufficient area to
constitute an open or partially enclosed building as defined in ASCE 7. Open and partially enclosed
buildings shall be designed in accordance with the applicable provisions of ASCE 7. Partially
enclosed Occupancy R -3 buildings [shall] may also include a residential safe room in accordance
with Section 422, Hawai'i Residential Safe Room.
1609.1.2.2 Louvers. Louvers protecting intake and exhaust ventilation ducts not assumed to be open
that are located within 30 ft (9,144 mm) of grade shall meet requirements of an approved impact -
resisting standard or the Large Missile Test of ASTM E 1996.
TABLE 1609.1.2
WIND -BORNE DEBRIS PROTECTION FASTENING SCHEDULE
FOR WOOD STRUCTURAL PANELS a,b,c
FASTENER TYPE
FASTENER SPACING
Panel span
<_ 4 feet
4 feet
< Panel span
<_ 6 feet
6 feet
< Panel span
<_ 8 feet
No. 6 screws
16"
12"
9"
No. 8 screws
16"
16"
12"
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 pound = 0.454 kg,
1 mile per hour = 1.609 km /h.
a. This table is based on a maximum wind speed (3- second gust) of 130 mph and mean roof
height of 33 feet or less.
b. Fasteners shall be installed at opposing ends of the wood structural panel. Fasteners shall
be located a minimum of 1 inch from the edge of the panel.
c. Fasteners shall be long enough to penetrate through the exterior wall covering a minimum of
1.75 inches into wood wall framing; a minimum of 1.25 inches into concrete block or concrete;
or into steel framing by at least three threads. Fasteners shall be located a minimum of 2.5
inches from the edge of concrete block or concrete.
d. Where screws are attached to masonry or masonry/stucco, they shall be attached utilizing
vibration - resistant anchors having a minimum withdrawal capacity of 490 pounds."
8. Bill No. 270, Draft 3, is amended by adding a section 5 -85 to read as follows:
"Section 5 -85. Exemption from International Energy Conservation Code; as adopted and amended.
Non - conditioned R -3 structures are exempted from this article."
No draft copy of Bill No. 270, Draft 4, is attached in an effort to conserve resources.
BLS