Loading...
HomeMy WebLinkAboutBIL 118 Draft 02 2010-2012COUNTY OF HAWAII STATE OF HAWAI `I BILL NO. 1 1 8 ORDINANCE NO. (DRAFT 2 ) AN ORDINANCE AMENDING ORDINANCE NO. 11 -69, WHICH AMENDS CHAPTER 9 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO ELECTRICITY. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 11 -69 is amended by amending SECTION 2 to read as follows: "SECTION 2. Chapter 9, article 1, section 9 -5 of the Hawai`i County Code 1983 (2005 Edition, as amended) is amended by amending the following definition to read as follows: [ "Authority Having Jurisdiction or AHJ "] "Assistant" means the authorized [representatives] representative(s) of the [.: •• . ' .. .] authority having jurisdiction." SECTION 2. Ordinance No. 11 -69 is amended by amending SECTION 12 to read as follows: "SECTION 12. Chapter 9, article 3, of the Hawai`i County Code 1983 (2005 Edition, as amended) is amended to read as follows: Article 3. National Electrical Code. Division 1. General Section 9 -14. National Electrical Code adopted. The National Electrical Code, 2008 Edition, copyrighted 2007 by the National Fire Protection Association, One Batterymarch Park, Quincy, Massachusetts, 02169 -7471, is hereby adopted by reference and made a part hereof. A copy of this code shall be kept on file and be available for public inspection in the clerk's office. The scope, technical specifications, and exemptions set forth in this code are hereby adopted as the standard for electrical work covered by this chapter, provided there are no specific provisions in any other section of this chapter covering the particular matter. Section 9 -15. Compliance; standards of performance. (a) No person shall do or cause to be done any electrical work which does not comply with the provisions of this chapter. (b) No person shall perform any work covered by this chapter in violation of the provisions of chapter 448E, Hawai`i Revised Statutes. Section 9 -16. Qualification to perform work. (a) It shall be unlawful for any permit applicant to perform or allow to be performed any work covered by the permit issued under this chapter in violation of chapter 444, Hawai`i Revised Statutes, relating to the licensing of contractors, and chapter 448E, Hawai`i Revised Statutes, relating to the licensing of electricians and plumbers. (b) Any person engaged in a business involving performance of electrical work covered by this chapter, shall maintain a place of business in a business or industrial zone in accordance to the provisions of chapter 25, with a listed telephone number and be principally engaged in said business during the normal business hours for said place of business. Division 2. Violations, Enforcement, and Penalties. Section 9 -16.1. General provisions. (a) It shall be unlawful for any person, firm, or corporation to perform any electrical work or permit the same to be done in violation of this code. (b) Failure to comply with any provision of this code, any rule adopted pursuant to this code, or with conditions imposed as part of any permit or variance from the provisions of this code, shall constitute a violation of this code. Section 9 -16.2. Notice of violation. (a) Whenever the [A14-J] authority having jurisdiction determines that there exists a violation of any provision of this code, the [ • • . • . • . • ] authority having jurisdiction shall serve a notice of violation upon the parties responsible for the violation, which may include, but shall not be limited to the owner and any lessee of the property where the violation is located, to make the building or portion thereof comply with the requirements of this code. Such notice of violation shall include: (1) The date of the notice; (2) The name and address of the person noticed, and the location of the violation; (3) The section number of the ordinance, code or rule which has been violated; (4) The nature of the violation; and (5) The deadline for compliance with the notice. (b) Proper service of such notice shall be by personal service, registered mail, or certified mail upon the owner of record, provided, that if such notice is by registered mail or certified mail, the designated period within which the owner or person in charge is required to comply with the order of the [A14-J] authority having jurisdiction shall begin as of the date the owner or person in charge receives such notice. 2 Section 9 -16.3. Administrative enforcement. (a) If the [AI=-J] authority having jurisdiction determines that any person, firm or corporation is not complying with a notice of violation, the [A1J] authority having jurisdiction may have the party responsible for the violation served, by mail or delivery, with an order pursuant to this division. (b) Contents of the Order. (1) The order may require the parties responsible for the violation, including but not limited to the owner /lessee of the property where the violation is located, to do any or all of the following: (A) Correct the violation within the time specified in the order; (B) Pay a civil fine not to exceed $1,000 in the manner, at the place and before the date specified in the order; (C) Pay a civil fine not to exceed $1,000 per day for each day in which the violation persists, in the manner and at the time and place specified in the order. (2) The order shall advise the party responsible for the violation that the order shall become final thirty calendar days after the date of its delivery. The order shall also advise that the [administrative authority's] authority having jurisdiction's action may be appealed to the board of appeals. (c) Effect of order; right to appeal. The provisions of the order issued by the [AI44] authority having jurisdiction under this section shall become final thirty (30) calendar days after the date of the delivery of the order. The party responsible for the violation may appeal the order to the board of appeals as provided by section [9 21f below.] 9 -19. The appeal must be received in writing on or before the date the order becomes final. However, an appeal to the board of appeals shall not stay any provisions of the order. (d) Judicial enforcement of order. The [AHJ] authority having jurisdiction may institute a civil action in any court of competent jurisdiction for the enforcement of any final order issued pursuant to this section. Where the civil action has been instituted to enforce the civil fine imposed by such final order, the [A] authority having jurisdiction need only show that the notice of violation and order were served, that a civil fine was imposed, the amount of the civil fine imposed, and that the fine imposed has not been paid. Section 9 -16.4. Criminal prosecution. (a) General provisions. Any person, firm or corporation violating any of the provisions of this code shall be deemed guilty of a petty misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any provisions of this code is committed, continued or permitted; and upon conviction of any such violation, such person shall be punishable by a fine of not more than $1,000, or by imprisonment for not more than thirty days, or by both fine and imprisonment. (b) Any officer or inspector designated by the [administrative authority,] authority having jurisdiction, who has been deputized by the chief of police as a special officer for the purpose of enforcing the provisions of the building, plumbing, electrical or housing codes (hereinafter referred to as "authorized personnel "), pursuant to Section 803 -6, Hawai`i 3 Revised Statues, may arrest without warrant alleged violators by issuing a summons or citation in accordance with the procedure specified in this section. Nothing in this section shall be construed as barring such authorized personnel from initiating prosecution by warrant or such other judicial process as is permitted by statute or rule of court. (c) Any authorized personnel designated by the [ • • . • .. - • ,] authority having jurisdiction, upon making an arrest for a violation of the building, plumbing, electrical or housing codes, may take the name and address of the alleged violator and shall issue to the violator in writing a summons or citation hereinafter described, notifying the violator to answer the complaint to be entered against the violator at a place and at a time provided in the summons or citation. (d) There shall be provided for use by [] the authority having jurisdiction a form of summons or citation for use in citing violators of [the building, plumbing, electrical or housing- cedes] this chapter which does not mandate the physical arrest of such violators. The form and content of such summons or citation shall be as adopted or prescribed by the administrative judge of the district court and shall be printed on a form commensurate with the form of other summonses or citations used in modern methods of arrest, so designed to include all necessary information to make the same valid within the laws and regulations of the State of Hawai`i and County of Hawai`i. (e) In every case when a citation is issued, the original of the same shall be given to the violator; provided, that the administrative judge of the district court may prescribe by giving to the violator a copy of the citation and provide for the disposition of the original and any other copies. (f) Every citation shall be consecutively numbered and each copy shall bear the number of its respective original. Section 9 -16.5. Injunctive action. The County may maintain an action for an injunction to restrain or remedy any violation of the provisions of this code and may take any other lawful action to prevent or remedy any violation. Division 3. Variances and Appeals. Section 9 -17. Variances. Whenever strict application of any provision of this code, except for the provisions relating to materials, methods of construction, equipment, fixtures, devices, or appliances, would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, the owner may petition the board of appeals for a variance from the provision. In granting a variance, the board of appeals shall prescribe any conditions that it deems to be necessary or desirable. However no variance from the strict application of this code shall be granted by the board of appeals unless it finds that all of the following are present: (1) That there are special circumstances or conditions applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to lands or buildings in the neighborhood or surrounding property, and that the circumstances or conditions 4 are such that the strict application of the provisions of this code would deprive the applicant of the reasonable use of the land or building; (2) That the granting of the variance is necessary for the reasonable use of the land or building and that the variance granted is the minimum variance that will accomplish this purpose; and (3) That the granting of the variance will be consistent with the intent and purpose of this code, and will not be injurious to persons or property or create additional fire hazards, and will not otherwise be detrimental to the public welfare. In making its determination, the board of appeals shall take into account the character, use and type of occupancy and construction of adjoining buildings, buildings on adjoining lots, and the building or land involved. Section 9 -18. Appeals regarding alternative materials and methods of construction. Any person denied the use of new or alternate materials, methods of construction, equipment, fixtures, devices, or appliances by the authority having jurisdiction, may, within thirty days after the authority having jurisdiction's decision, appeal the decision to the board of appeals. In considering an appeal, the board may require any reasonable test of the proposed material, method of construction, equipment, fixture, device, or appliance, and the appellant shall pay all expenses necessary for the test. The board of appeals may affirm the decision of the authority having jurisdiction, or it may reverse the decision if it finds: (1) That the new or alternate materials, methods of construction, equipment, fixtures, devices, or appliances meet standards established by this code; (2) That permitting the requested use will not jeopardize the safety of persons or property; and (3) That the requested use will not be contrary to the intent and purpose of this code. Section 9 -19. Other appeals. Any person aggrieved by the decision of the [AI4-J] authority having jurisdiction in the administration or application of this code, other than that prescribed in sections 9 -17 and 9 -18, may, within thirty days after the date of the administrative authority's decision, appeal the decision to the board of appeals. The board of appeals may affirm the decision of the [] authority having jurisdiction, or it may reverse or modify the decision if the decision is: (1) In violation of this code or other applicable law; (2) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (3) Arbitrary, or capricious, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion. Section 9 -20. Rules; Adoption of rules by the board of appeals. The board of appeals shall adopt rules pursuant to chapter 91, [Hawaii] Hawaii Revised Statues, necessary for the purposes of the [section.] article. Section 9 -21. Reserved. 5 Section 9 -22. Prior offenses. Nothing contained in any provision of this chapter shall apply to an act done or omitted, or to an offense committed at any time before the enactment of this chapter. Such act or omission shall be governed by, and any such offense shall be punished according to the provisions existing when such act, omission or offense occurred in the same manner as if this chapter had not been enacted." SECTION 3. Severability. 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 4. Material to be repealed is bracketed and stricken. New material is underscored. SECTION 5. This ordinance shall take effect upon approval. , Hawai`i Date of Introduction: Date of 1St Reading: Date of 2"d Reading: Effective Date: cLNCEs Conn. 404.2 6