HomeMy WebLinkAboutCOM 0128.135 2010-2012BRITTANY SMART
Councilmember
Hawai `i County Council
DATE: February 1, 2012
TO:
FROM: Brittany Smart, Councilmember
SUBJECT: Information on Bill 270 for Council Meeting February 1, 2012
Hawai `i County Council
County of Hawai`i
25 Aupuni Street
Hilo, Hawai `i 96720
Dominic Yagong, Council Chair
And Members of the Hawaii County Council
Phone: (808) 961 -8263
Fax: (808) 961 -8912
bsmart@co.hawaii.hi.us
czt
rrl
This communication conveys four documents from Deputy Director Brandon Gonzalez
regarding Bill 270.
Thank you.
BS /jk
Serving the Interests of the People of Our Island
Hawaii County is an Equal Opportunity Provider and Employer
Comm. No. /z. d • /3-,r
Ref. To:PresS 04 G(k i 4.(
Ref. Date FEB 1 2012
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 356
ORDINANCE NO. 96 162
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 :;,,
Section 5- 1.0.2.a. Amending section 104.
Section 104 is amended by deleting section 104(b) and
replacing it with the followina:
(b) Additions Alterations and Repairs. When additions,
•r r-•airs
n
n
�. .- .._ -
50 percent of the replacement value of an existing building or
structure, 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 existing 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,
including 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. A new section ,.5 -1.0.4 is added to chapter 5,
article 1, to read as follows:
Section 5- 1.0.4. Amending section 203.
,Section 203 is amended to rears;
Section 203. Substandard Buildings.
(a) Qieneral. Any 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 Sh) to an extent
that it endangers the life, limb, health. property, safety or
welfare of the public or the occupants thereof shall be deemed
and hereby is declared to be a substandard building..
(b) Inadequate sanitation shall include but not be
limited to the following:
(1) Lack of, or improper water closet, lavatory,
bathtub or shower in a dwelling unit.
(2) Lack of, or improper water c1ozets4_ 1ayatories,
and bathtubs or showers in a hotel.
(3) Lack of, or improper kitchen sink in a
habitable building.
(4) Lack of hot and cold running water to plumbing
fixtures in a hotel.
(5) Lack of hot and cold running_ water to plumbing
fixtures in a dwelling unit or efficiency living unit.
(6) Lack, or improper operation of required
ventilating equipment.
(7) Lack of minimum amounts of natural light and
ventilation required by this code.
(8) Room and space dimensions less than required by
this code.
(9) Lack ofrecquired electrical lighting.
(10) Dampness of habitable rooms.
(11) Infestation of insects. vermin or rodents as
determined by the health officer.
(12) General dilapidation or improper maintenance.
(13),Lack of connection to _required sewage disposal
gvstem.
(14) Lack of adequate garbage and rubbish storage
and removal facilities as determined by the health officer.
(c) Structural hazards shall include but not he limited
to the following:
/,(,Deteriorated or inadequate foundations.
(2) Defective or deteriorated flooring or floor
supports.
(3) Flooring or floor supports of insufficient size
to carry imposed loads with safety.
(4) Members of walls, Partitions or other vertical
supports that split- lean, or buckle due to defective material
or deterioration.
(5) Members of walls. partitions or other vertical
supports that are of insufficient size to carry imposed loads
with safety.
(6) Members of ceilings, roofs, ceiling and roof
supports, or other horizontal members which sag, split. or
buckle due to defective material or deterioration.
(7), Members of ceilings. roofs, ceiling and roof
supports, or other horizontal members that are of insufficient
size to carry imposed loads with safety.
(8) Fireplaces or chimneys that separate, bulge or
settle due to defective material or deterioration.
(9) Fireplaces or chimneys which are of
insufficient size or strength to carry imposed loads with
safety.
(d) Nuisance. Any nuisance as defined in this code.
(e) Faulty weather protection, which shall include but
pot be limited to. the following:
/1) Deteriorated, crumbling or loose plaster.
(2) Deteriorated or ineffective waterproofing of
exterior walls. roof, foundations or floors, including broken
windows or doors.
(3) Defective or lack of weather protection for
exterior wall covering, including lack of paint. or weathering
due to lack of paint or other approved protective covering.
(4) Broken. rotted, split or buckled exterior wall
coverings or roof coverings.
(f) ,inadequate Maintenance. Any building or portion
thereof which is determined to be an unsafe building in
accordance with this code.
(g) Inadequate Exits. All buildings or portions thereof
not provided with adequate exit facilities as required by this
code except those buildings or portions thereof whose exit
-4-
facilities conformed with all applicable laws at the time of
their construction and which have been adequately maintained
and increased in relation to env increase in occupant load.
alteration or addition, or any change in occupancy.
When an unsafe condition exists through lack of. or
improper location of exits additional exits may be required
to be installed.
(h) Improper Occupancy. All building or portions
thereof occupied for living, sleepina, cooking or dining
purposes which were not designed or intended to be used for
such occupancies.
(i) Substandard Buildings as Public Nuisances.
Buildings which are substandard. as defined by this code, are
hereby declared to be public nuisances.
When §yer the building official has inspected or caused to
bo inspected any building and has found and determined that
such building is a substandard building he shall commence
proceedings to cause the repair rehabilitation. vacating or
demolition o €the building.
Notice to Owner_. The building official shall
examine 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 4$ hours, to commence either the
required 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
necessary. such notice also shall require the building.
structure or portion thereof to be vacated forthwith and not
reoccupied until the required repairs and improvements are
completed inspected. and aiavroved_ by the building official.
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 said owner
or person in charge is required to comply with the order of
the building official shall begin as of the date he receives
such notice,
(k) posting of Signs. The building official shall cause
to be posted at each entrance to buildings ordered vacated a
-5-
notice to read: DO NOT ENTER. UNSAFE TO OCCUPY. DEPARTMENT
OF PUBLIC WORKS, COUNTY IF 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 buildina except for the purpose of making the required
repairs or of demolishing the bu'ldina.
flJ. action Upon Noncompliance.. In case the owner shall
fail. neglect or refuse to comply with the notice to repair.
rehabilitate or to demolish and remove said building or
structure or portion thereof. the building official may order
the owner of the building prosecuted as a violator of the
provisions of this code.
(m) Nothing contained herein shall be construed to Limit
or restrict the building official from instituting. on behalf
of the County, anv other legal or equitable proceedings, in
addition 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 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, retainina wall, pool, storaae 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.
(3) Reroofing 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 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 exterior 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.
(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] mobile 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 Permit .
may be renewed when approved 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-- 1.4 :19.a. Amending section 415.
Section 415 is amended by adding the foilowina paragraphs:
NUISANCE. The foilowina shall be defined as nuisances:
iI Any public nuisance known at common law or in
equity iurisprudence.
(b) Any attractive nuisance which may Prove
detrimental to children whether in a building or on the
premises of a building, This includes anv unfenced man -made
swimmina pools,' abandoned wells. shafts. or basements; any
. 1 n • • -1 - . - - • . I . -1 . .
vegetation affecting the structural stability of structures.
(c) Whatever is dangerous to human life or is
detrimental to health, as determined by the health officer.
(d) *Qvercrowdinq a room with occupants.
(e) Insufficient ventilation or illumination.
(f) Inadequate or unsanitary sewerage or plumbing
facilities,
(g) 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
to Chapter 25 Zoning of this Cpunty 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 Prequired;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.
-9--
,: gut; ;i i I
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. cooking 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] 21
domestic oil, aas, and electric ranges and the underside of
unprotected combustible material above such ranges. 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 Ala tic shall be 12" minimum.
[Or
(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)
Licht 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).
-10-
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.
(b) ,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 sex
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
establishments where _food is prepared.,_ stored 4T 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(a).
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:
Section 5- 1.0.53.a. Amending section 1210.
Section 1210(a)2.' is deleted and replaced with the following:
2, Additions. alterations or repairs to Group R
Occupancies. When the valuation of an addition. alteration or
repair to a Group R Occupancy sleepina room exceeds 51.000 and
a permit is required, or when one or more sl.eepina rooms are
added or created in existinq 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.
SECTION 13. A new 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
stairways. landings and ramps, balconies or parches. 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.
Qpenable windows located on floors more than 5 feet above
adjacent grade or floor used for other than service of the
building shall be protected by a guardrail if the openina is
below guardrail heiaht.
EXCEPTION: Guardrails need not be provided at the
followina locations:
A. On the loading side of loadina docks.
B. On the auditorium side of a stage or enclosed
platform.
C. Alone vehicle service pits not accessible to the
public.
p. At openable windows that are provided with
securely installed "insect" screen or other eaual or better
barriers.
The to of auardrails shall not be less than 42 inches in
height.
EXCEPTIONS: 1. The to of guardrails for Group R.
Division 3 and Group 141 Division 1 Occupancies and interior
Guardrails within individual dwelling unit. Group R. Divisiog
3 conareaate residences and guest rooms of Group R. Division 1
Occupancies may be 36 inches in height.
2. The to of guardrails on a balcony immediately in
front of the first row of fixed seats and which are not at the
end 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
obiect 6 inches in diameter can pass through; provided that .
the dimensions shall be such that no obiect 4 inches in
diameter can pass through for the following occupancies:.
Group R. Divisions 1 and 3 Occupancies; Group E. Division 3
Occupancies used for day care purposes; Group I. Division 1
Occupancies used -for nurseries for children _under kindergarten
B22.1.
EXCEPTIONS: 1, The open space between the intermediate
rails or ornamental pattern of guardrails in areas of
commercia and industrial -type occupancies which are not
accessible to the public may be such that a sphere 12 inches
in diameter cannot pass through.
2. The triangular openings formed by the riser. tread
and bottom element of a guardrail at the open side of a
stairway 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 1718 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:
r
1. Wherera 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.
-13-
(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:
$ection 5- 1.0.70.a. Amending section 251.0(a).
Section 2510(a) 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] a,4, inches; between bottom of
girders and the ground shall be [12] l@ 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. A new section 5- 1.0.72 is added to chapter 5,
article 1, to read as follows:
$ection 5- 1.0.72. Amending section 2516(c)3.
Section 2516(c)3 is amended to read:
j.). Soil Treatment and Term'te Barriers. Where the
plates. sills. and structural lumber of new wood frame
residential buildings are supported directly on the around by
a concrete slab, either the soil beneath the building shall_ be
chemically treated at the maximum Label rates by a licensed
operator to control ground termites. ar anti- termite sand or
-14-
other termite barriers approved by the building official shall
be 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 the 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:
100 percent of the sand shall pass the No. 4 (4.75mm) sieve.
95 to 100 percent of the No. 8 (2.3SIDm) sieve. 75 to 95
percent 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 (1.18mm)
sieye.
$ tructural Lumber. All structural lumber, including
Q,sts, 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 followings
• Treated in accordance with AWPA standards for
ACZA or CCA.
• .._..Treated in accordance with the former AWPB
Approved Hawaii Local.Area Standard.
2, Treated in accordance with approved conditions
for Disodium Octaborate Tetrahydrate LDOT) which shall include:
3.1 Minimum retention of 0.28 poun0 15.242
per cubic foot or, approximately 0.42 Pound of DOT per cubic
foot by assay.
,,w322 Minimum penetration of 0.4 inch and 90% of
sapwood whichever is greater.
3.3 Approved quality control program.
3.4 Periodic testing by an approved
independent quality control inspection agency.
gs Treated with other approved preservatives,
All unexposed doualas -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.
-15-
All treated lumber shall be marked or branded by an
approved third -party inspection agency.
All structural lumber 2 inches or greater nominal
thickness except 2 inch by 4 inch studs shall be labeled with
the following information:
Name of treating facility.
Type of preservative.
End use application.
j. Quality' mark of third -party inspection agency.
L.. Retention /Penetration minimum _requirements.
1..„ Year of treatment.
All other lumber less than 2 inches in nominal thickness,
including plywood, shall he identified per bundle by means of
a label consisting of the above requirements. Labels
measuring no less than 6 inches by 8 inches shall be placed on
the 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,tarticle 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,
wi;:vh ,1
-16-
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 chapter reaardina 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 surfacebieThe, 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 ;Pools 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).
-17-
(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 six 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 providediwith .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.
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..pooi.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.
-19--
(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 pools)
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 nQt
apply to any 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,
-20-
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.
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
3181i /GT
REFERENCE Comm. 1413
A" "" ''`fl ) AS TO
F M AND LEGALITY:
DEPy&c n. €.4 41,
CORPORATION COUNSEL
COUNTY OF HAWAII
Date 11LC < 0 1995
INTRODUC
COUNCIL
MEM;;;>COUNTY OF HAWAII
November 21, 1996
November 21, 1996
December 18, 1996
December 24, 1996
•
•
Section 11 -1
Section 11 -2
Section 11 -3
Section 11-4
Section 11.5
Section 11-6
Section 11 -7
Section 11-8
Section 11 -9
Section 11-10
Section 11-11
Section 11-12
Section 11 -13
Section 11 -14
Division 1
Section 11 -15
Section 1146
Section 11-17
Section 11-18
Section 11 -19
Section 11 -20
CHAPTER 11
HOUSING
Article 1. General Provisions.
Title.
Purpose.
Application.
Alteration.
Relocation of buildings.
Relocation of persons.
Definitions.
Article 2. Enforcement.
Administration and enforcement.
Right of entry.
Owner liability.
Substandard buildings.
Inspection.
Variances.
Appeals.
Article 3. Space and Occupancy Standards.
. Access to Public Property Required; Occupied Space.
Access to public property.
Occupied space.
Division 2. Yard and Court Standards.
Scope.
Yards. r is
Courts.
Projections into yards.
Division 3. Ceiling Height; Superficial Floor Area
and Width Standards.
Ceiling height.
Supeslicial floor MIL
Section 11.21
Section 11 -22
Division 4. Habitable Room; Service Room; Porches;
Openable Window Area; Hallways; Mechanical Ventilation.
Section 11.23 Habitable rooms.
Section 11-24 Service rooms.
Section 11.25 Porches.
Section 11-26 Openable window area.
Section 11.27 Hallways.
Section 11.28 Mechanical ventilation.
Section 11 -29
Section 11-30
Section 11.31
Section 11-32
Section 11 -33
Section 11 -34
Section 11 -35
Section 11-36
Section 11 -37
Section 11 -38
Section .11-39
Section 11-40
Section 11-41
Section 11-42
Section 11.43
Section 11-44
Section 11.45
Section 11-46
•
Division 5. Dwelling Unit Standards.
Dwelling units.
Hotels.
Kitchen.
Fixtures.
Water closet compartments.
Room separations.
Installation and maintenance.
Access to bathroom.
Cleanliness.
Construction upon filled land.
Article 4. Structural Requirements.
General provisions.
Shelter.
Protection of materials.
Article 5. Mechanical Requirements.
Heating requirements.
Electrical equipment requirements.
Ventilation requirements.
Article 6. Exits.
Exits required.
Article 7. Fire Protection.
Fire protection standards.
•
Sec. 11.1 -11.2
Article 8. Substandard Buildings.
Division 1. General.
Section 11-47 General.
Section 11-48 Inadequate sanitation.
Section 11 -49 Structural hazards.
Section 11 -50 Nuisance, Unfenced 5 mmir pools
Section 11-51 Hazardous wiring.
Section 11 -52 Hazardous plumbing.
Section 11.53 Hazardous mechanical equipment.
Section 11 -54 Faulty weather protection.
Section 11 -55 Fire hazard.
Section 11 -56 Faulty materials of construction.
Section 11 -57 Hazardous or unsanitary premises.
Section 11 -58 Inadequate maintenance.
Section 11-59 Inadequate exits.
Section 11.60 Inadequate fire- protection or fire - fighting equipment.
Section 11 -61 Improper occupancy.
Division 2. Complaint; Service; Hearings and Orders;
Failure to Obey.
Section 1162 Complaint.
Section 1163 Service of complaint.
Section 1164 Hearings and orders.
Section 11.65 Failure to obey order.
UlJ.112!'.
Section 11-66 Other action.
Article 1. General Provisions.
Section 11 -1. Title. This Code shall be known and may be cited
as the "Housing Code, ". and. will..be Jeferred to herein as "this Code."
(1975 C.C.,c.12, art. 1, sec. 1.)
Section 11 -2. Purpose. The purpose of this Code is to provide
minimum requirements for the protection of the health, safety, morals,
and welfare of the general public and the owners and occupants of build-
ings in the County and for the protection of property in the County from
blighting influences. (1975 C.C.,c.12, art. 1, sec. 2.)
269
r
•
Sec. 11.3 -11.7
Section 11.3. Application.
(a) The provisions of this Code shall apply to all buildings or
portions thereof used, or designed or intended to be used, for In
'in the County. Human habitation of existing buildings which
are not substandard may be continued.
(b) Where any building is used or intended to be used as a com-
bination apartment house - hotel, the provisions of this Code relative to
each part of such combination shall apply to such part as if it were a
separate building.
(c) Every rooming house or lodging house shall comply with all
the requirements of this Code for dwellings. (1975 C.C.,c.12, art. 1,
sec. 3.)
Section 11-4. Alteration. When alterations, additions, or repairs
are made to an existing building, such alterations, additions, or repairs
shall conform to the provisions of this Code. (1975 C.C.,c.12, art. 1,
sec. 3.01.)
Section 11 -S. Relocation of buildings. Existing buildings which
are moved or relocated shall be considered new buildings and shall com-
ply with the requirements of this Code. (1975 C.C.,c.I2, art. 1, sec. 3.02.)
Section 11-6. Relocation of persons. Whenever families are
required to relocate as a result of housing 'code enforcement, the build -.
ing official shall assist the families affected in locating houses that meet
their needs. (1975 C.C.,c.12, art. 1, sec. 3.03.) ,
Section 11 -7. Definitions.
(a) For the purposes of this Code, the following words and
phrases shall have the definitions prescribed in this section, unless it is
apparent from the context that a different meaning is intended. Words
and phrases not defined in this section shall have the definitions pre-
scribed in the building.code,,,unless, it. is apparent froth the context that
a different meaning is intended.
(1) "Apartment" is a dwelling unit as defined in this Code.
(2) An "apartment house" is a building or a portion there-
of designed or devised to be occupied, or occupied, by three or more
families living independently of each other in dwelling units or efficiency
living units. •
(3) A "basement" is that portion of a building between
Relocation 270 persons. When
Sec. 11 -7
floor and ceiling, which is partly below and partly above grade (as defined
in this article), but so located that the vertical distance from grade to the h
$ASEwot
floor below is less than the vertical distance from grade to ceiling. (See`
definition of "story. ")
(4) • A "boarding house" is a lodging house in which meals 1.1 41,
are provided. 6„5;n '`` •
(5) A "building" is any building or structure, or portion
thereof, which is used, or designed or intended to be used for human
habitation, for living, sleeping, cooking, or eating purposes or any com-
bination thereof. It does not include any jail, hospital, asylum, sanitarium,
orphanage, prison, detention home, or other institution in which human
beings are housed and detained under legal restraint.
(6) An "existing building" is a building erected prior to
the adoption of this Code, or one for which a legal building permit has
been issued. 6
(7) A "building official" is the officer charged with the
administration and enforcement of this Code, or his regularly authorized
deputy.
(8) The "ceiling height" is the JR vertical distance from
the funished floor to the, finished .ceiling.
(9) A "cellar "`is that portion'of a building between floor
and ceiling which is wholly or partly below grade (as defined in this c WAR
article) and so located that the vertical distance from grade to the floor
below is equal to or greater than the vertical distance from grade to
ceiling. (See definition of "story. ")
(10) A "corner. lot" is a lot situated at the junction of two
or more public streets or alleys which are not less than twenty feet in
width; with a boundary line bordering each of the streets or alleys.
(11) A "court" is an open, unoccupied space extending
not more than Isventrfour .inches below finish grade and bounded on
two or more sides by the walls of the building. An inner court is a court
entirely within the exterior walls of a building. All other courts are outer
courts.
guests.
(12) A "dormitory" is a room occupied by more than two
(13) A "dwelling" is any building or any portion thereof,
which is not an "apartment house," a "lodging house," or a "hotel"
as defined in this Code, which contains one or two "dwelling units"
or "guest rooms," used, intended, or designed to be built, used, rented,
leased, let, or hired out to be occupied, or which are occupied for living
purposes.
271
Sec. 11 -7
Post-tr Fax Note
7671
Date 7 /(7f�._r/ Imo
∎
To /C E . /V / E
From A I
CoJDept.
Co.
Phone # 58,7_ O
!
7 1
Phone #
476 I _
T kit-
Fax # S 7 ^ 0 7
7
)3
Fax #
(14) A "dwelling unit ". is a suite of two or more habitable
rooms which are occupied or which are intended or designed to be occu-
pied by one:family with facilities forlivin slee ing, cooking and dining.
(15) An "efficiency living unit" is ny room Tiaving coo ng
facilities used for combined living, dining, and sleeping purposes and
meeting the requirements of section 11.5.of this article.
(16) An "exit" is a continuous and Vinobstructed means of
egress to a public way, and shall include intervening doorways, corri-
dors, ramps, stairways, smokeproof enclosures, horizontal exits, exit
courts, and yards..
(17) A "family" is an individual or two or more persons
related by blood or marriage, or a group of not more than five persons, 7
(excluding servants), who, need not be related by blood or mgr,'
living together in a dwelling unit.
(18) A "ground level grade" is the average of the finished
ground level at the center of all walls of a building. In case walls are
parallel to and within five feet of a sidewalk, the above ground level
shall be measured at the sidewalk.
(19) A "guest" is any person hiring or occupying a room
for living or sleeping purposes.
(20) A "guest room" is any room or rooms used, or in-
tended to be used, by a guest for sleeping purposes., T .
(21) A "irg av `` is any room meeting the require-
ments of this Code for iig, -liviniwor dining purposes ex-
cluding such enclosed places as closets, pantries, bath or toilet rooms,
service rooms, connecting corridors, laundries, unfinished attics, foyers,
storage spaces, cellars, utility rooms, and similar spaces.
(22) The "health officer" is the director of health of the
State department of health. , -
(23) "Hot water" is water at a temperature of not less than
one hundred twenty degrees Fahrenheit.
(24) A "hotel" is any building containing n g six or more,
rooms intended or designed to be used, or which are used, rented of d
out to be occupied, or which are occupied for sleeping purposes by guests,
whether rent is paid in money, goods, labor, or otherwise. The term
"hotel" shall include motels and tourist courts. It does not include any
jail, hospital, asylum,.; sanitarium,v orphanage, prison, detention hone,
or other institution in which human beings are housed and detained
under legal restraint.
(25) An "interior lot" is a lot other than a corner lot.
272
dorriuors.
•
•
•
Sec. 11.7
(26) A "kitchen" is a room used, or designed to be used,
for the preparation of food.
(27) A "lodging house" is any building or portion thereof,
containing not more than five guest rooms which are used by not more -
than five guests where rent is paid in money, goods, labor or otherwise.
(28) The following are defined as nuisances:
(A) Any public nuisance known at common law or
in equity jurisprudence.
(B) Any attractivejnuisance which may prove detri-
mental to children whether in a building, on the premises of a building,
or upon an unoccupied lot. This includes any abandoned wells, shafts,
basements, excavations, or unfenced man -made swimming pools; aban-
doned refrigerators and motor vehicles; any structurally unsound fences
or structures; and any lumber, trash, fences, debris, or vegetation which
may prove a hazard for inquisitive minors.
(C) Whatever is dangerous to human life or is detri-
mental to health, as determined by the health officer.
(D) Overcrowding a room with occupants.
(E) Insufficient ventilation or illumination.
(F) Inadequate or unsanitary sewerage or plumbing
(G) Uncleanliness, as determined by the health officer.
(14) Whatever renders air, food, or drink unwhole-
some or detrimental, to the oiealth of human beings, as determined by
the health officer.
(29) An "occupied space" is the total area of all buildings
or structures on any lot or parcel of ground projected on a horizontal
plane excluding permitted projections as allowed by this Code.
(30) A "rooming house" is synonymous with a lodging
house.
(31), A " servnea room" ,is aay zoom-used-for stor bath
or -utility : purposes, licit
rooms.
facilities.
(32) A "story" is that portion of a building included be-
tween the upper surface of any floor and the upper surface of the floor
next above; except that the topmost story shall be that portion of a
building included between the upper surface of the topmost floor and
the ceiling or roof above. If the finish d • o level directly above a base -
such basement or cellar
ment or cellar is more than six feet
shall be considered a story.
.4. OtA d1[Litt t.t_ r
,,►.
703,,A f
•
•
Sec. 11.8 -11.10
(33) A "substandard building" is defined in article 8 of this
Code.
(34) A "superficial floor area" is the net floor area within
the enclosing walls of the room in which the ceiling height is not less
than five feet, excluding built -in equipment such as wardrobes, cabinets,
kitchen units, or fixtures. •
(35) An `urban area" is any closely settled community.
(36) "Used" means used or designed or intended to be used.
(37) A "vent shaft" is a court used only to ventilate or light
a water closet, bath toilet, or utility room or other service room.
(38) A "window" is a glazed opening,
which open upon a yard, court, or recess from a court, or a vent shaft
oven and unobstructed to the sky.
(39) A "yard" is an open, unoccupied space, other than a
court, unobstructed from the ground to the sky, except where speci-
fically provided by this Code, on the lot on which a building is situated.
(1.975 C.C.,c. 12, art. 1, sec. 4, subsecs. 4.01 — 4.240.)
Article 2. Enforcement.
Section 11.8. Administration and enforcement. The building
official is authorized and directed to administer and enforce all of the
provisions of this Code. (1975 C.C.,c.12, art. 2, sec. 1.)
Section 11 -9. Right . of entry. Upon presentation of proper cre-
dentials, the building _ official or his „duly authorized representatives may
enter at reasonable times 'any building, or ''premises In the County to
perform any duty imposed upon him by this Code, provided that such
entry shall be made in such manner as to cause the least possible incon-
venience to the persons in possession, and provided further that an order
of a court authorizing such entry shall be obtained in the event such
entry is denied or resisted. (1975 C.C.,c.12, art. 2, sec. 2.)
Section 11 -10. +1, Owner, liability, I The, owner of a building shall be
liable for violations of the requirements of this Code even though the duty
to comply with such requirements may also be imposed on the occu-
pants of his building by this Code or by agreement. (1975 C.C.,c.12,
art. 2, sec. 3.)
Sec. 11-11-11-13
Section 11 -11. Substandard buildings.
(a) Buildings which are substandard as defined by this Code,
are hereby declared to be public nuisances.
(b) It shall be unlawful for any person to maintain a public
nuisance as declared or defined in this Code or to do anything, or permit
anything to be done, or to use or occupy any building in the County,
contrary to or in violation of any of the provisions of this Code. It shall
further be unlawful to maintain and keep any building in the County
to which anything has been done contrary to or in violation of any such
provisions.
(c) Any person violating any of the provisions of this Code shall
be guilty of a separate offense for each and every day or portion thereof
during which any violation of any of the provisions of this Code is com-
mitted, continued, or permitted, and upon conviction of any such vio-
lation,' such person shall be punished by a fine of not more than 5300.
(1975 C.C.,c.12, art. 2, sec. 4.)
Section 11-12. Inspection. All buildings and structures within
the scope of this Code shall be subject to inspection by the building
official as provided in section 11 -9 of this article. (1975 C.C.,c.12, art.
2, sec. 5.)
Section 11 -13. Variances.
(a) Whenever strict application of any provision of this chapter
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 pro-
vision. In granting a variance, the board of appeals shall prescribe any
conditions that it . deems, to, be„ necessary. or desirable. However, no vari-
ance from the strict application of this chapter shall be granted by the
board of appeals unless it finds:
(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 sur-
rounding property, s and that the1circumstances or conditions are such that
the strict application of the provisions of this chapter would deprive the
applicant of the reasonable use of the land or building; and
(2) That the granting of the variance is necessary for the
reasonable use of the land or building and that the variance granted
275
•
Sec. 11.14 -11.15
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 chapter, 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 determi-
nation, the board of appeals shall take into account the character, use,
and type of occupancy and construction of adjoining buildings, build-
ings on adjoining lots, and the building or land involved.
(b) The board of appeals shall adopt rules pursuant to chap-
ter 91, Hawaii Revised Statutes, necessary for the purposes of this section.
(1975 C.C.,c.12, art. 2, sec. 6; Am. 1981, Ord. No. 726, sec. 6.)
Section 11 -14. Appeals.
(a) Any person aggrieved by the decision of the building official
in the administration or application of this chapter, may, within thirty
days after the building official's decision, appeal the decision to the board
of appeals.
(b) The board of appeals may affirm the decision of the building
official, or it may reverse or modify the decision if the decision is:
(1) In violation of this chapter or other applicable law; or
(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.
(c) The board of appeals shall adopt rules pursuant to chapter 91,
Hawaii Revised Statutes, necessary for the purposes of this section. (1981,
Ord. No. 726, sec. 7.)
Artide 3. Space and,Occupancy Standards.
Division 1. Access to Public Property Required;
Occupied Space
Section 11.15. Access to public property. All buildings shall
be located with respect to property lines and to other buildings on the
same property as required by this Code, the building code and all statutes,
11, regulations and ordinances applicable to cbuildings. , Each dwelling unit
and each guest room in a dwelling or a lodging house shall have access
to a passageway, not less than three feet in width, leading to a public
street or alley. Each apartment house or hotel shall have access to a
276
•
Sec. 11.16 -11 -18
public street by means of a passageway not less than five feet in width.
(1975 C.C.,c.12, art. 3, sec. 1.01.)
Section 11-16. Occupied space. Interior lots occupied by buildings
within the scope of this Code shall have not more than fifty percent of
the lot in occupied space. Corner lots used for such buildings shall have
not more than seventy -live percent of the lot in occupied space. The pro-
visions of this section shall not apply in apartment and apartment -hotel
zones to Lots occupied by buildings which conform to the provisions of
the Zoning Code, chapter 25. (1975 C.C.,c.12, art. 3, sec. 1.02.)
Division 2. Yard and Court Standards.
Section 11.17. Scope. This_ 'vision applies to all yards and courts,
provided that in business and industrial zones the provisions hereof only
apply to yards and courts having required windows opening therein,
except that the provisions of sections 11.18 and 11.19 hereof shall not
ap y in aparfinent—ca apartment- hotelStitt u C gs whit t-corr'
form to eprovisions o
atf:`3 sec. 2.01..)
oruna o ei hapter.
975 C.C.,c.12,
Section 11.18. Yom. Yard space shall be provided as follows:
(a) Between a building and a lot boundary other than a boundary
bordering a public street, or alley,,,„ �,,, „�
(1) For building one story In height, not less than five
feet.
(2) For a building two stories in height, not less than ten
feet.
(3) For a building more than two stories in height, not
less than ten feet plus one foot for each story above two.
(b) Between buildings on the same lot. Yard space shall be pro-
vided as above from an assumed lot boundary located between but not
necessarily equidistant from the buildings.
(c) When the distance from any building to a lot boundary line
is reduced to less than that required by items 1 and 2 of subsection (a),
above, or any other provision of law, through a change or establishment
of a boundary line, the building shall be moved or altered to meet all
requirements of the items or provision. (1975 C.C.,c.12, art. 3, sec. 2.02.)
•
Sec. 11.19 -11.22
b3
/
pRoJ ecri Dos - USL So4 (b)
71.
Section 11-19. Courts.
(a) Adequate access shall be provided to the bottom of all courts
for cleaning purposes.
(b) For a court bounded by walls not more than twenty feet in
height, no width or length thereof shall be less than ten feet or the height
of the walls, whichever is greater. For .a court bounded by walls more
than twenty feet in height, no width or length thereof shall be less than
twenty feet plus two feet for each ten feet, or portion thereof, above
twenty feet. When the walls of a court vary in height, the average of their
heights shall be considered the height of the walls and when a court is
irregular or gore - shaped, the average width or length shall be considered
the width or length thereof.
(c) When such court is an inner court, a horizontal air intake
not less than twenty-one square feet in area and leading to the exterior
of the building shall be provided at the bottom. The construction of
such air intake shall conform to the requirements for court walls, but
shall not be less than one -hour fire- resistive. (1975 C.C.,c.12, art. 3,
sec. 2.03.)
Section 11 -20 Projections into - yards. Eaves, cornices and other
projections projecting into any required yard shall not obstruct a required tiTas-- f4...-J
exitway or be nearer than to ai a boundary awe and pro- L r`
jections other than eaves, cornices-- and..,stairways shall not project more
kJ'
¶om'
,,4, „,than four feet into an required yard spec (1975 C.C.,c.12, art. 3, sec.
-2-421) Division 3. Ceiling Height; Superficial Floor Area and Width Standards.
I ,
Section 11.21. Ceiling height. Habitable rooms in all buildings
\shall have a ceiling height of not less than seven feet, six inches. Service
'rooms in all buildings shall have a ceiling height of not less than seven
2.04.)
feet. In rooms with sloping ceilings the required ceiling height shall be
provided in at least flypercent of the room and
of'1es than five-feet i . - coat a non
s6 f a utn a required by section 11-22 of this divi-
sion. (1975 C.C.,c.12, art. 3, sec. 3.01.)
Section 11 -22. Superficial floor area.
(a) Every dwelling unit shall have a room, other than a room used
for sleeping purposes, with not less than one hundred and twenty square
278'
Sec. 11.23-11-24
feet of superficial floor area. Every room which is used for both cooking
and living or both living and sleeping purposes shall have not less than
one hundred and fifty square feet of superficial floor area. Every dwelling
unit shall have laoom used for sleeping purposes with not less than one
hundred and twenty, square feet of ii perficial floor area and every other
room used for sleeping purposes may have not less than eighty square
feet of superficial floor area. Every room used for sleeping purposes
shall have not less than _fift_y__4so3uare feet of superficial floor area for
each occupant. Every kitchen shall have not less than fifty square feet
of superficial floor area.
(b) Exception: Nothing in this section shall prohibit the use
of an efficiency living unit meeting the following requirements:
(1) Such efficiency living unit shall have a living room
of not less than two- huntjed- and- twenty- square feet of superficial floor
area. An additional one _hundred square _feet of superficial floor area shall
be provided for each occupant oP such unit in excess of two.
(2) Such efficiency living unit shall be provided with a
separate dressing closet of such size as to provide for adequate circu-
lation and storage.
(3) Such efficiency living unit shall be provided with a
kitchenette not : less. than. three. _feet by five root in size. Such kitchenette
shall be accessible' from the' living3roc i or foyer only,:;tail be equipped
with a :tenant - operated electric exhaust fan connected`' to the outside
air, and shall be equipped and arranged for complete kitchen use.
(4) Such efficiency living unit shall be provided with a
separate bathroom meeting the requirements of this Code.
(5) Habitable rooms, other than kitchens, shall not be
less than seven feetJn any dimension. (1975 C.C.,c.12, art. 3, sec. 3.02.)
1i31i. ..ut111116; tel illt) +Ct.it ...
Division 4. Habitable Room; Service Room; Porches; Openable
Window Area; Hallways; Mechanical Ventilation.
�obiia a Loom `• slee�'tnqq, divingg�,cool:n�� Dr d ninqq : '• `-
Secti�fn 1143. Habitable ro dins. A ha . • le - . shall have
an aggregate window area of not less than tIv of -the =gross° floor
area or :tafveare .feet, - whichever is • 75 C.C.,c.I 2, art. 3,
sec. 4.01.)-----1-01 re 4 . uTr t u L..
III Ron.. hat able. Room, ,close', 1x , Serita room 1 cot rldan, lauNdry S}bra 4 , t 41 two.
Section T 1 -24. Service rooms. Service rooms, ► except closet
and other rooms which are not designed for occupancy b ' . beings,
shall have an aggregate widow area of not less than of the
Services Icoomc. Sio1G ) bath ost' ut+ ill
279. (Hawaii County 12.87)
Chant
-� o
Sec. 11.25 -11 -28
s egatc wideW a�c�
gross floor area six square. whichever is greater, provided ~that
the aggregate windo ; - such rooms in dwellings and lodging houses
may be not less than five percent of the gross floor area or three square
feet, w'h1chever is greater. (1975 C.C.,c.12, art. 3, sec. 4.02.)
Section 11-25. Porches. Required windows shall open on a street,
yard, or court either directly or through a porch having a minimum clear
height of not less than seven feet. Such porch shall be at least fifty percent
open on at least one side ro on both ends. (1975 C.C.c.12. art. 3, sec. 4.03.)
� t.-CA
Section 11 -26. Openabk window area. one -half of thesequired
window area in all rooms shall be openable. (1975 C.C.,c.12, art. 3, sec.
4.04.) -
Section 11 -27. Hallways. All public hallways, stairs, and other
exitways shall be adequately lighted at all times in accordance with the
Building Code. (1975 C.C.,c.12, art. 3, sec. 4.05.)
Section 11 -28. Mechanical ventilation.
(a) An approved system of mechanical ventilation or air con-
ditioning may be used in lieu of openable windows. Such system shall
provide not less than foyer. __*___dianges . per hour, except that in toilet
com uch system shall provide ca ompkte. qtr chi e �,2t --'
ive minutm- '"'�"
All bathrooms,; lavatories? and • toilet compartments which
are ventilated by mechanical ventilation siiiaITiave fixed openings, from
adjacent rooms or corridors or from other approved sources, which are
sufficient to provide an inflow of air necessary to make exhaust venti-
lation .effective. The exhaust air from bathrooms, lavatories and toilet
compartments shall not be recirculated. Exhaust duct systems for toilet
compartments and bathrooms shall be separate from the exhaust duct
systems for other . ortions of a building.
I �R . eats, 3 an ltltr.h' end *Inflated 4D\ L:tv \\,t ct N
f dDra' 1
n a water c oset in a bathroom or toilet`"" mp ct-is-complt=
ly enclosed by partitions, such enclosure shall be separately lighted, and
ventilated.
(d) Systems of mechanical ventilation installed to comply with
the provisions of this Code; shall :be r kept in good working order and in
continuous operation at all times' during occupancy of the room served
^
(Hawaii County 12 -87)
280
•
•
Sec. 11.29 -11.33
by such system. All openings to ventilators shall be ratproofed. (1975
C.C.,c.12, art. 3, sec. 4.06.)
Division 5. Dwelling Unit Standards.
Section 11 -29. Dwelling units. Every dwelling unit shall be pro-
vided with a water closet, a lavatory, and a bathtub or shower. (1975
C.C.,c.12, art. 3, sec. 5.01.)
Section 11 -30. Hotels. Where private water closets, lavatories
and baths are not provided, there shall be provided on each floor for
each sex at least one water closet and lavatory and one bath accessible
from a public hallway. Additional water closets, lavatories, and baths
shall be provided on each floor for each sex at the rate of one for every
additional ten guests, or fractional number thereof, in excess of ten.
Such facilities shall be clearly marked for "Men" or "Women." (1975
C.C.,c.12, art. 3, sec. 5.02.)
• Section 11.31. - kitchen. Each dwelling unit shall be provided
with a ki en. Each kitchen shall have accesubte storage space for food
and utensils, and space for such activities and equipment needed to use
the kitchen for the preparation of food. E,yew kitchen shall be provided
with a kitchen sink. No wooden sink or sink of similarly absorbent ma-
terial shall be permitted. (1975 C.C.,c.l2, art. 3, sec. 5.03.)
Section 11.32. Fixtures.
(a) All plumbing fixtures shall be connected to a sanitary sewer
or to an approved private sewage disposal system. All .plumbing fixtures
shall be contuaetedf to zn-wapproved systenrofivatersupply and provided
with hot and cold running water, except water closets shall be provided
with cold water only.
(b) All plumbing fixtures shall be of an approved glazed earthen-
ware type or of a similarly nonabsorbent material. (1975 C.C.,c.12, art. 3,
sec. 5.04.) i G=. , .... . ...
Section 11 -33. Water closet compartments. Walls and floors of
water closet compartments shall be finished in accordance with the Build-
ing Code, provided that such walls and floors in dwelling and lodging
houses may be finished with approved nonabsorbent materials. (1975
C.C.,c.12, art. 3, sec. 5.05.)
-- 281
r.
•
•
Sec. 11-34-11-38
Section 11-34. Room separations. Exc t hi an ;efficiency living
unit, no room used for
L_y #s an no roo
room used for the .preparation of Too (1975 C.C.,c.12, art. 3, sec. 5.06.)
Section 11 -35. Installation and maintenance.
(a) All sanitary facilities shall be installed and maintained in a
safe and sanitary condition and in accordance with all applicable laws.
(b) Every water closet, bathtub, or shower required by this Code
shall be installed in a room which will afford privacy to the occupant.
(1975 C.C.,c.12, art. 3, sec. 5.07.)
Section 11-36. Access to bathroom. No dwelling or dwelling
unit containing two or more guest rooms shall have such room arrange-
ments that access to a bathroom or water closet compartment intended
for use by occupants of more than one sleeping room can be had only
by going through another sleeping room; nor shall room arrangements
be such that access to a- sleeping rooter can be had only by going through
another sleeping room or a bathroom or water closet compartment.
(1975 C.C.,c.12, art. 3, sec. 5.08.)
Section 11-37. Cleanliness.
(a) Buildings shall be kept in a clean, sanitary and safe condition.
Approved devices, equipment or facilities for the prevention of insect
and rodent infestation and such sanitary facilities as may be required by
the public health regulations of the State or the health officer shall be
furnished and maintained in all buildings. Rubbish, garbage, and other
organic waste shall be disposed of in a manner required by the public
health regulations and approved by the health officer.
(b) Without limiting the requirements of the above provision,
dwelling units and efficiency living units shall be kept in a sanitary and
safe condition by their occupants, and the occupants shall dispose of
their rubbish, garbage, and other organic waste in the manner prescribed
above and shall furnish and maintain such approved devices, equipment,
or facilities as may be necessary and required by the public health regu-
lations or the health officer to keep their units safe and sanitary. (1975
C.C.,c.12, art. 3, sec. 5.09.)
Section 11 -38. Construction upon filled land. No building shall
be erected upon land which has been filled in with refuse or garbage or
282
Sec. 11.39 -11.43
any substance dangerous to the public health, unless the site upon which
such building is to be erected has been inspected by the health officer
and found to be sanitary. (1975 C.C.,c.12, art. 3, sec. 5.10.)
Article 4. Structural Requirements.
Section 11 -39. General provisions. Buildings or structures may be
of any type of construction permitted by the Building Code. Roofs, floors,
walls, foundations, and all other structural components of buildings shall
be capable of resisting the forces and loads required by the Building Code.
All structural elements shall be proportioned and joined in accordance
with the stress limitations and design criteria u specified in the appro.,
priate sections of the Budding Code. Buildings of every permitted type
of construction shall comply with the applicable requirements of the
Building Code. (1975 C.C.,c.12, art. 4, sec. 1.)
Section 11-40. Shelter. Every building shall be weather protected
so as to provide shelter for the occupants against the elements and to
exclude dampness. (1975 C.C.,c.12, art. 4, sec. 2.)
ti; i,c ,rcctet:i
Section 11-41. Protection of materials. All wood shall be pro-
tected against termite damage and decay as provided in the Building
Code. (1975 C.C.,c.12, art. 4, sec. 3.)
Article S. Mechanical Requirements.
Section a:l 1.42.11'Heating e requirements.- When provided, heating
facilities in dwelling units shall be installed and maintained in a safe
condition and in accordance with the Building Code and all statutes,
regulations and ordinances applicable to heating facilities. No unvented
or open flame gss heater shall be permitted. All heating devices or ap-
pliances shall be of an approved type. (1975 C.C.,c.12,+art. 5, sec. 1.)
Section 1143. Electrical equipment requirements.
(a) All 'electrical equipment, wiring, and appliances shall be
installed and maintained in a safe manner in accordance with all appli-
cable laws. All electrical equipment shall be of an approved type.
(b) Where there is electric power supplied by a public utility
available within three hundred feet of the premises of any building, the
building shall be connected to such electrical power, unless the building
283 (Hawa11 count, 12.88)
•
•
•
:xs,.sti_ tt ev14
Sec. 11-44 -11-46
cYi4 L45.
is supplied electrical power by a system approved by a recognized testing
agency, or an alternate energy system recognized by the energy division
of the State department of planning and economic development that is:
(1) Designed by an electrical engineer licensed by the State
of Hawaii; or
(2) Designed by an architect licensed by the State of Hawaii.
(c) Every habitable room shall contain at least two supplied elec-
tric convenience outlets or one convenience outlet and one supplied elec-
tric light fixture. Every water closet compartment, bathroom, laundry
room, furnace room, and public hallway shall contain at least one elec-
trical light fixture. (1975 C.C.,c.12, art. 5, sec. 2; Am. 1987, Ord. No.
87-46, sec. 1.)
Section 1144. Ventilation requirements. Ventilation for rooms
and areas and for fuel - burning appliances shall be provided u • required
in the Building Code and in this Code. Ventilating equipment shall be
of approved types, installed and maintained in a safe manner and in
accordance with the Building Code and all other applicable laws. Where
mechanical ventilation is provided in lieu of the natural ventilation re-
quired by Ga:e"' 4 of this chapter, such mechanical ventilating system
shall be maintained in operation during the occupancy of any building
or portion thereof. (1975 C.C.,c.12, art. 5, sec. 3.)
Article 6. Exits.
Section 11-45. Exits required. Every dwelling unit or guest room
shall have access directly to the outside or to a public corridor. All build-
ings or portions thereof shall be provided with exits, exitways, and appur-
tenances u required by the Building. Code. (1975 C.C.,c.12, art. 6, sec. 1.)
Article 7. Fire Protection.
Section 11.46. Fire protection standards. All buildings or por-
tions thereof shall be provided with the degree of fire- resistive construc-
tion as required by the Building Code for the appropriate occupancy, type
of construction, and location on property or in fire zone; and shall be
provided with the appropriate fire - extinguishing systems or equipment
required by the Building Code. (1975 C.C.,c.12, art. 7, sec. 1.)
•
Sec. 11.47
Article 8. Substandard Buildings.
Division 1. General.
Section 11 -47. General. Any building or portion thereof in-
cluding any dwelling unit, guest room or suite of rooms, or the premises
on which it is located, in which there exists any of the conditions listed
in this division, to an extent that endangers the life, limb, health, property,
safety, or welfare of the public or the occupants thereof shall be deemed
i5 iozate.d, :ii will;1
2841 (Hawaii County 12.83)
Sec. 1148-11-49
and hereby is declared to be a substandard building. (1975 C.C.,c.12,
art. 8, sec. 1.01.)
Section 11.48. Inadequate sanitation.
(a) Inadequate sanitation includes, but is not limited to, the
following:
(1) Lack of, or improper water closet, lavatory, bathtub,
or shower in a dwelling unit.
(2) Lack of, or improper water closets, lavatories; and
bathtubs or showers per number of guests in a hotel.
(3) Lack of, or improper kitchen sink.
(4) Lack of hot and cold running water to plumbing fixtures
in a hotel.
(5) Lack of hot and cold running water to plumbing fixtures
in a dwelling unit or efficiency living unit.
(6) Lack of, or improper operation of required ventilating
equipment.
(7) Lack of minimum amounts of natural light and venti•
lation required by this Code.
(8) Room and space dimensions less than required by this
(9) Lack of required electrical lighting.
(10) Dampness of habitable rooms.
(11) Infestation of insects, vermin, of rodents as determined
by the health officer. ,
(12) General dilapidation or improper maintenance.
(13) Lack'of connection to approved sewage disposal system.
(14) Lack of adequate garbage and rubbish storage and
removal facilities as determined by the health officer. (1975 C.C.,c.12,
art. 8, sec. 1.02.)
Code.
Section 11.49. Structural hazards.
(a) Structural . hazards : include, but are not limited to, the
following:
(1) Deteriorated or inadequate foundations.
(2) Defective or deteriorated flooring or floor supports.
(3) Flooring or floor supports of insufficient size to carry.
imposed loads with safety.
(4) Members of walls, partitions, or other vertical supports
that split, lean, list, or buckle duetodefective material or deterioration.
285
•
Sec. 11.50 -11.54
(5) Members of walls, partitions, or other vertical supports
that are of insufficient size to carry imposed loads with safety.
(6) Members of ceilings, roofs, ceiling and roof supports,
or other horizontal members which sag, split, or buckle due to defective
material or deterioration.
(7) Members of ceilings, roofs, ceiling and roof supports,
or other horizontal members that are of insufficient size to carry imposed
loads with safety.
(8) Fireplaces or chimneys which list, bulge, or settle, due
to defective material or deterioration.
(9) Fireplaces or chimneys which are of insufficient size
or strength to carry imposed loads with safety. (1975 C.C.,c.12, art. 8,
sec. 1.03.)
Section 11 -50. Nuisance. A nuisance is any nuisance as defined
in this Code. (1975 C.C.,c.12, art. 8, sec. 1.04.)
• Section 11 -51. Hazardous wiring. Hazardous wiring is all wiring,
except that which conformed.with;all applicable laws in effect at the time
of 'installation and which has been maintained in good condition and is
being used in a safe manner. (1975 C.C.,c.12, art. 8, sec. 1.05.)
Section 11 -52. Hazardous plumbing. Hazardous plumbing is all
plumbing, except that which conformed with all applicable laws in effect
at the time of installation and which has been maintained in good condi-
tion and which is free of cross connections and siphonage between fix-
tures. (1975 C.C., c.12, art.' 8, sec. 1.06.) .
Section 11 -S3. Hazardous mechanical equipment. Hazardous me-
chanical equipment includes all mechanical equipment, including vents,
except that which conformed with all applicable laws in effect at the time
of installation and which has been maintained in a good and safe condi-
tion. (1975 C.C.,c.12, art._ 8,sec. 1.07.)_,,;. _.
Section 11-54. Faulty weather protection.
(a) Faulty weather protection includes, but is not Limited, to the
following:
(1) Deteriorated, crumbling, or loose plaster.
(2) Deteriorated or ineffective waterproofing of exterior
walls, roof, foundations, or floors, including broken windows or doors.
(3) Defective or. lack „of, weather protection for exterior
286
Sec. 11 -55 -11.59
wall coverings, including lack of paint, or weathering due to lack of paint
or other approved protective covering.
(4) Broken, rotted, split, or buckled exterior wall coverings
or roof coverings. (1975 C.C.,c.12, art. 8, sec. 1.08.)
Section 11-55. Fire hazard. A fire hazard includes any building or
portion thereof, device, apparatus, equipment, combustible waste, or
vegetation which, in the opinion of the fire chief or his deputy, is in such a
condition as to cause a fire or explosion or provide a ready fuel to aug-
ment the spread and intensity of fire or explosion arising from any cause.
(1975 C.C., c.12, art. 8, sec. 1.09.)
Section 11-56. Faulty materials of construction. Faulty materials
of construction include all materials of construction, other than those
which (1) have been adequately maintained in a good and safe condition
and (2) are specifically allowed or prescribed by this Code and the Build-
ing Code, or approved by the building official pursuant to the provisions
of the Building Code, relating to approval of alternate materials and
methods of construction. (1975 C.C., c.12, art. 8, sec. 1.10.)
Section 11.57. - -- Hazardous. or unsanitary premises. Hazardous or
unsanitary premises include those premises on which an accumulation of
weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat
harborages, stagnant water, combustible materials, and similar materials or
conditions constitute fire, health, or safety hazards. (1975 C.C.,c.12, art.
8, sec. 1.11.)
Section 11 -58. Inadequate maintenance. An inadequately main-
tained building or portion of a budding includes any building or portion
of a building which ` is determined to-be an unsafe building in accordance
with the Building Code. (1975 C.C.,c.12, art. 8, sec. 1.12.)
Section 11 -59. Inadequate exits.
(a) Buildings or portions of a building have inadequate exits if
they are not provided with adequate exit facilities as required by this Code
except for those buildings, or portions thereof whose exit facilities con-
formed with all applicable laws at the time of their construction and which
have been adequately maintained and increased in relation to any increase
in occupant load, alteration or addition, or any change in occupancy.
(b) When an unsafe condition exists through lack of, or improper
location of exits, installation of additional exits may be required to • be
installed. (1975 C.C.,c.12, art. 8, sec. 1.13.)
287
Sec. 11-60-11-63
Section 11-60. Inadequate fire- protection or rue-fighting equip-
ment. Buildings or portions of a building have inadequate rue-protection
or fire - fighting equipment if they are not providFd with the fire- resistive
construction or fire- extinguishing systems or equipment required by this
Code, except those buildings or portions thereof which conformed with all
applicable laws at the time of their construction and whose fire- resistive
integrity and fire- extinguishing systems or equipment have been ade-
quately main *wined and improved in relation to any increase in occupant
load, alter-ttion or addition, or any change in occupancy. (1975 C.C.,c.12,
art. 8, sec. I.14.)
Section 11-6I. Improper occupancy. All buildings or portions
of buildings occupied for living, sleeping, cooking or dining purposes
which were not designed or intended to be used for such occupancies con-
stitute improper occupancy. (1975 C.C.,c.12, art. 8, sec. 1.15.)
Division 2. Complaint; Service; Hearings and Orders; Failure to Obey.
Section 11-62. Complaint
(a) Whenever it a to the building official that . a building
or portion thereof is su ststanda .,, or whenever a petition is filed with
such official by at least flve:residents:of the County charging that a build-
ing or portion thereof is substandard and a preliminary investigation by
such official discloses a basis for such charge, the building official shall
issue a complaint, stating the charges with respect to such building or
portion, and cause it to be served upon the owner of record, every mort-
gagee of record, and every party in interest, including persons in posses-
sion.
(b) Such complaint shall contain a notice that a hearing will
be held before the, board ,of, appeals,at, a .place and time therein fixed,
which time shall be not less than ten days nor more than thirty days
after service of the complaint; that the owner, mortgagee, or party in
interest may each file an answer to the complaint and appear in person
or otherwise at such hearing to give testimony; and that the rules of
evidence prevailing in courts of law or equity are not controlling in such
hearing. (1975 C.C.,c.12, art. 8, sec. 2.01; Am. 1981, Ord. No. 726,
sec. 3.)
Section 11.63. Service of complaint.
(a) Service of the complaint shall be by personal service upon
the owner of record, every mortgagee of record and every party in interest,
288
•
•
•
Sec. 11 -64
if he may be found within the County. If any such person is not found
within the County, the service may be made upon such person by regis-
tered mail; in such case, the date of service of the complaint shall be the
date on which he actually receives the complaint.
(b) If the whereabouts of any such person is unknown and it
cannot be ascertained • by the building official in the exercise of reasonable
diligence, and the building official makes an affidavit to that effect, ser-
vice of the complaint may be made by publishing the complaint once
each week for two consecutive weeks in a daily newspaper printed and
published in the County.
(c) A copy of the complaint shall be posted in a conspicuous
place on the premises affected by the notice. A copy of the complaint
shall- also be filed with the registrar of conveyances or, in the case of
registered land, with the assistant registrar of the land court as provided
in section 501-136 of the Hawaii Revised Statutes. (1975 C.C.,c.12, art.
8, sec. 2.02.)
Section 11-64. Hearings and orders.
(a) If, after service of such complaint and hearing, the board of
appeals finds that the building or portion of a building is substandard,
it shall state its findings of fact, conclusions of law, decision and order
in writing, and shall,, order, such, or portion to be vacated and
repaired or rehabilitated in such manner and in such respects as to render
the building or portion not substandard, and may require that such re
pairs or rehabilitation be commenced within thirty days and completed
within ninety days after service of its order, or within further time as
the board of appeals may allow.
(b) If the cost of repairs or rehabilitation exceeds seventy -five
percent of the cost of replacement of the entire building or portion,
the . board of appeals shall . order, the building .or portion, demolished
and removed.
(c) The findings of fact, conclusions of law, decision and order,
and written findings shall be served, posted on the affected premises,
and filed with the registrar of conveyances or assistant registrar of the
land court in the same manner as the complaint.
(d) Any hearing before the board of appeals. shall be conducted
in accordance with chapter 0913 Hawaii . Revised Statutes. The board of
appeals shall have the power to administer oaths, examine witnesses,
and receive evidence. (1975 C.C.,c.12, art. 8, sec. 2.03; Am. 1981, Ord.
No. 726, sec. 4.)
289
•
•
Sec. 11.65 —11-66
Section 11-65. Failure to obey order.
(a) If the owner fails to comply with an order of the board of
appeals to vacate or repair, rehabilitate, or demolish and remove the build-
ing or portion of a building, and an injunction or restraining order en-
joining or restraining the building official from carrying out provisions of
the order has not been issued by a circuit court pursuant to section 53-60
(e), Hawaii Revised Statutes, the building official may cause the building
or portion to be vacated and perform the work required by the board
of appeals:
(b) The cost of any vacation, repairs, rehabilitation, or demo-
lition and removal shall be a lien against the real property upon which
such: cost was incurred. Where the building or portion of a building is
demolished and removed, the building official shall sell the materials
of such building or portion and shall credit the proceeds of the sale against
the cost of the removal or demolition; any balance remaining, if such pro-
ceeds should exceed the cost, shall be deposited with the clerk of the
Third Circuit Court, and disbursed in accordance with section 53.60(bX6),
Hawaii Revised Statutes. (1975 C.C.,c.12, art. 8, sec. 2.04; Am. 1981,
Ord. No. 726, sec. 5.)
Section 11-66. Other action. Notwithstanding the provisions of
section 11-65 above, , the. County. through its corporation counsel may
'institute any legal or equitable proceeding to enjoin any violation of this
Code or abate any public nuisance „provided that nothing in this Code
shall be construed to prohibit criminal, prosecution of any violation of
this Code. (1975 C.C.,c.12, art. 8, sec. 2.05.)
WI
Or
BUILDING DIVISION - DPW
COUNTY OF HAWAII - 25 AUPUNI STREET - HILO. HAWAII 96720
HILO OFFICE (808) 961 -8331 'KONA OFFICE (808) 327 -3520
June 20, 1996
U.S. Department of HUD
Seven Waterfront Plaza, Suite 500
500 Ala Moana Boulevard
Honolulu, HI 96813 -4918
ATTN: Rod Dixon
SUBJECT: NECESSITY OF A SEPARATE HOUSING CODE
Thank you very much for providing the information (Federal
Register, Part V, Department of Housing & Urban Development)
regarding the subject. An inquiry to our Corporation Counsel
immediately followed requesting their legal advice as to the
necessity of our local Housing Code (the effective Housing Code
for the County of Hawaii was adopted in 1967).
Our Corporation Counsel has informed us that our local Housing
Code appears to be unnecessary, provided that the present
building code is an acceptable standard by HUD. For your
information and as mentioned previously, the effective code
governing health and safety requirements for all dwellings is
the 1991 Uniform Building Code (UBC). The local amendments to •
the UBC basically adapts the national code to Hawaii and adds
other requirements (i.e. Energy, Factory - built, Accessibility
Standards, Swimming Pools) not found in the UBC.
Since your regulation requires the HUD Field Office to approve
what local jurisdictions are enforcing, we are requesting your
review of this County's standards. (A copy of our amendments
to the 1991 UBC is enclosed.) A response regarding the adequacy .
of our UBC with amendments in lieu of a separate Housing Code
will be greatly appreciated.
Please feel free to contact me should you have any questions.
Your expedited reply will be deeply appreciated.
WA NOMURA, Division Chief
Building Division
WTO:ju
cc: Gerald Takase, Corporation Counsel
U. S. Department of Housing and Urban Development
Hawaii State Office
Suite 500
Seven Waterfront Plaza
500 Ala Moana Boulevard
Honolulu, HI 96813.4918
July 28, 1996
Mr. Wayne Onomura
Division Chief
Building Division - DPW
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
SUBJECT: Local Housing Code
Dear Mr. Onomura:
We have recieved your local code submittal with amendments and
found them acceptable. If you have any questions please contact me
at (808)522 -8190 EXT 229.
Very sincer =.y our,
Rod Dickson
Single Family Housing Specialist
i L. i v