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HomeMy WebLinkAboutBIL 1038 Draft 02 1980-1984_-- RDiNANCE Intr. Byr Rete Re: Ord i.' ice Requiring Handicapped-Acce<_ )le Restrooms Refer: C-141-3/PWC- Bill - 1413/PWC- Bill 1038: Amends Chapter 15 (Parks & Recreation), Article 2 (Restrictions and Prohibitions) of the Hawaii County Code, relating to handicapped - accessible restrooms. PWC - 11/14/83 PWC -268 - approve & adopt BiZZ on first reading. Dated Nova 30, 1983 (NOTE: Council Chr. "hold" on 12/14/83; letter sent from PWC Chr. & Council Chr. to shopping centers for cc on or before Jan. 10, 1984.) MB No nt BILL NO. 1038 (Draft 2) COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE 2, CHAPTER 5, OF THE HAWAII COUNTY CODE. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 5, article 1, section 5-43, of the Hawaii County Code is amended by adding section 5-43(c) to read as follows: "(c) Access by Physically Disabled "(1) Notwithstanding any provision in this Code referring to continued use or occupancy of existing buildings, all existing shopping malls and shopping centers with a total floor space of 50,000 square feet or more available to the public for retail sales shall provide toilet facilities for each sex accessible by level entry, ramp, or elevator. All doorways leading to such toilet facilities shall have not less than a 32 -inch dc)c)r_ All such toilet facilities shall conform to the 2rovisions of section 5-73 of the Hawaii County Code for toilet facilities for the physically disabled. "(2) The building official shall inspect all existing shopping malls and shopping centers with a total floor space of 50,000 square feet or more available to the public for retail sales to ensure compliance with this subsection "(3) The building official shall give notice of noncompliance to the owner of anv affected building that does not comply with this subsection. Such notice shall instruct the owner to bring the building into compliance with this subsection within one year after the receipt of said notice. "(4) The owner's failure to bring the building into compliance with this subsection within the one-year period after notice of noncompliance shall be a violation of this code." SECTION 2. Material to be repealed is bracketed.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 3. In the event that any portion of the ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. Hilo, Hawaii Date of Introduction: Date of lst Reading: Date of 2nd Reading: Effective Date: INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII -2- COUNTY OF HAWAII OF)i`r%-;E OF THE CORPORATION COUNShi, 25 Aupuni Street Hilo, Hawaii 96720 MEMORANDUM To: Mrs. Chizuko Harada Date December 1, 1983 Office of the County Clerk L From: Christopher J. Yuen, Deputy Corporation Counsel Subject: Bill No. 1038 - Ordinance Requiring Handicapped Accessible Restrooms. At your request, I have changed Bill No. 1038 slightly to conform to the present County Code. I have also made a slight change at the beginning of 11c(1)" to make it clear that this bill would create an exception to the present Building Code, which allows existing buildings to continue although not in conformance with the Code. Please contact me if you have any further questions. CJY:cmh Enclosure