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HomeMy WebLinkAboutBIL 050 Draft 01 2016-2018 4 p,'. COUNTY OF HAWAII STATE OF HAWAI I •�rE OF•HA� • BILL NO. 50 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5, "BUILDING,"AND CHAPTER 27, "FLOOD CONTROL," OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), TO COMPLY WITH NATIONAL FLOOD INSURANCE PROGRAM REGULATIONS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The purpose of this ordinance is to revise Chapters 5 and 27, to comply with current federal National Flood Insurance Program regulations found in the Code of Federal Regulations, Title 44, Parts 59 through 79, and to correct other inconsistencies found in Chapter 27. SECTION 2. Chapter 5, article 2, division 2, section 5-19, of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended to read as follows: "Section 5-19. Permit required. (a) Except as otherwise provided in this chapter, [Ne] no person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, convert, or demolish any building or structure in the County, or cause the same to be done, without first obtaining a separate building permit for each building or structure from the building official; provided that one permit may be obtained for a dwelling and its accessories, such as fence, retaining wall, pool, storage and garage structures. (b) Permits will be further required for, but not limited to, the following: (1) All Television/Radio Communication Towers, etc., not regulated by the Public Utility Commission. (2) Complete new installations of all solar water heating systems, or the complete replacement of existing system with all new components, or relocating of panels from roof to ground or vice versa, along with plumbing and electrical permits. (3) Construction or renovation of Handicap Accessible routes from parking lot to building or from building to building on a lot. (4) Water tanks or catchments intended for potable/household use,regardless of height or size. For additional requirements where water tank or catchment systems are used as means of fire protection, see Chapter 26 of the Hawai`i County Code. (5) Retaining walls four feet and higher. Stepped or terraced retaining walls 8'-0" of each other are considered to be one wall when determining wall height. [EXCEPTIONS: A permit is not required for: (1) Work located primarily in a public way,public utility towers, bridges, and poles, mechanical equipment not specifically regulated in this code, and hydraulic flood control structures. (2) Temporary structures used during the construction of a permitted structure, temporary buildings, platforms, and fences used during construction or for props for films, television or live plays and performances. Occupancies. (5) Television and radio equipment(i.e. antennas, dishes) accessory to R 1 and R 3 Occupancies. Supports or towers for television and radio equipment 6' 0" or less in (6) Awnings projecting up to 4 feet and attached to the exterior walls of buildings of Group R 3 or U Occupancy; provided that the awnings do not violate the provisions for"yards"in Chapter 25 (Zoning) of the Hawaii County Code. Section 801.1, Interior Finishes, Chapter 8, IBC. (9) Repairs which involve only the replacement of component parts of existing work with $4,000 in valuation in any twelve month period, and do not affect any electrical or (10) Painting and decorating. (11) Installation of floor covering. (12) Cabinet work for R 3 Occupancy and individual units of R 1 and U Occupancies code). Wall mounted shelving not affecting fire resistance or structural members of (13) Work performed under the jurisdiction of Federal Government and/or located in Federal property. (1 1) Swimming pools for one and two family dwelling units less than 24" in depth. (15) Department of Transportation, Harbors, section 266 2, Hawaii Revised Statutes. (16) Fences 6' 0" or less in height. more than 6' 0" in height. similar uses,provided the floor area does not exceed a) 120 square feet(11 m2);b) does not exceed 600 square feet for agricultural zoned lands. (Building cannot be located within building setback.as required by the Zoning, Chapter 25 of Hawaii County Code. Verify setback requirements with the Planning Department). (19) Detached decks or platforms less than 30" in height above grade. (Building cannot be located within building setback as required by the Zoning, Chapter 25 of Hawaii County Code. Verify setback requirements with the Planning Department). 2 • ' - -- - - -- - . - (21) Replacement of solar water heating components (i.e. panels, tanks)in the same (22) Wells and Reservoirs Hawai`i Revised Statutes, chapter 178. Check requirements of other governmental agencies. (23) Work performed under the jurisdiction or control of the State Department of Accounting and General Services (DAGS). (24) Water tanks or catchment systems 5,000 gallons or less in size with a height to width ratio of not more than 2:1, to be used strictly for non potable/household purposes such as agriculture, irrigation or stock, and that are independent of the potable/household systemd" SECTION 3. Chapter 5, article 2, division 2, of the Hawai`i County Code 1983 (2016 Edition, as amended),is amended by adding a new section to be designated section 5-19.1, and to read as follows: "Section 5-19.1. Permit not required. (a) A permit is not required for: (1) Work located primarily in a public way, public utility towers,bridges, and poles, mechanical equipment not specifically regulated in this code, and hydraulic flood control structures. (2) Temporary structures used during the construction of a permitted structure, temporary buildings, platforms, and fences used during construction or for props for films, television or live plays and performances. (3) Re-roofing work with like material and installation of siding to existing exterior walls which will not affect the structural components of the walls for Groups R-3 and U Occupancies. (4) Temporary tents or other coverings used for private family parties or for camping on approved campgrounds. (5) Television and radio equipment(i.e. antennas, dishes) accessory to R-1 and R-3 Occupancies. Supports or towers for television and radio equipment 6'-0" or less in height. (6) Awnings projecting up to 4 feet and attached to the exterior walls of buildings of Group R-3 or U Occupancy;provided that the awnings do not violate the provisions for"yards"in Chapter 25 (Zoning) of the Hawai`i County Code. (7) Standard electroliers not over 35 feet in height above finish grade. (8) Installation of wallpaper or wall covering which are exempted under the provisions of Section 801.1, Interior Finishes, Chapter 8, IBC. (9) Repairs which involve only the replacement of component parts of existing work with similar materials for the purpose of maintenance, and which do not aggregate over $4,000 in valuation in any twelve-month period, and do not affect any electrical or mechanical installations. (10) Painting and decorating. 3 (11) Installation of floor covering. (12) Cabinet work for R-3 Occupancy and individual units of R-1 and U Occupancies which are not regulated (under Section 310.3.12 Cooking Unit Clearances of this code). Wall mounted shelving not affecting fire resistance or structural members of wall. This is dealing with clearances to cabinets and range clearance to combustible. (13) Work performed under the jurisdiction of Federal Government and/or located in Federal property. (14) Swimming pools for one and two-family dwelling units less than 24" in depth. (15) Department of Transportation, Harbors, - section 266-2, Hawaii Revised Statutes. (16) Fences 6'-0" or less in height. (17) Detached structures for animal shelters, storage sheds, towers, and similar uses not more than 6'-0" in height. (18) One-story detached accessory structures used as tool and storage sheds,playhouses and similar uses,provided the floor area does not exceed a) 120 square feet (11 m2); b) does not exceed 600 square feet for agricultural zoned lands. (Building cannot be located within building setback as required by the Zoning, Chapter 25 of Hawai`i County Code. Verify setback requirements with the Planning Department). (19) Detached decks or platforms less than 30" in height above grade. (Building cannot be located within building setback as required by the Zoning, Chapter 25 of Hawai`i County Code. Verify setback requirements with the Planning Department). (20) Playground equipment, excluding assembly or similar waiting areas. (21) Replacement of solar water heating components (i.e. panels, tanks) in the same location and of the same type,however; plumbing and/or electrical permits required. (22) Wells and Reservoirs—Hawai`i Revised Statutes, chapter 178. Check requirements of other governmental agencies. (23) Work performed under the jurisdiction or control of the State Department of Accounting and General Services (DAGS). (24) Water tanks or catchment systems 5,000 gallons or less in size with a height to width ratio of not more than 2:1, to be used strictly for non-potable/household purposes such as agriculture, irrigation or stock, and that are independent of the potable/household system. (b) Any person who is undertaking an action that may be an exception to the requirement for a building permit must obtain a certification from the building official that the proposed action is: (1) An exception to the requirement for a building permit; and (2) Complies with chapter 27." SECTION 4. Chapter 27, article 2, section 27-5, of the Hawai`i County Code 1983 (2016 Edition, as amended),is amended to read as follows: "Section 27-5. Applicability. [(a)]This chapter shall apply to all areas of special flood hazards identified by the Federal Emergency Management Agency in a scientific and engineering report entitled"Flood 4 Insurance Study," dated April 2, 2004, with accompanying Flood Insurance Rate Maps and all future changes, revisions and amendments to these documents, and shall apply to all areas bordering identified special flood hazard areas, and all other areas outside the identified specialflood hazard areas encompassing and adjacent to a river, stream, stormwater channel, outfall area, or other inland water or drainage facility determined by the director of public works to be subject to flood hazards. The special flood hazard areas are as follows: (1) Floodway fringe-Zones AE, AH, and AO. (2) Floodway. (3) Coastal high hazard (tsunami) - Zones V and VE. (4) General floodplain- Zone A. (5) Land adjacent to drainage facilities, and Zone A99. [(b) This chapter shall not apply to: (1) Any building permit lawfully issued prior to May 5, 1982 or building permit approval was obtained without any significant changes in plans or specifications made after May 5, 1982. been granted prior to May 5, 1982 and where roadway and site improvement construction and grading plans had received all necessary agency approvals by May 5, 1982. (3) Carnivals, luaus, fairs, and camping tents of a temporary nature which are not in a flees (1) Nonfenced, at grade outdoor swimming pools. (5) Signs which are not in a floodway. (6) Demolition.]" SECTION 5. Chapter 27, article 2, section 27-12, of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended by amending the definition of"Flood, flooding, or floodwater"to read: ""Flood, flooding, or floodwater"means: (1) A general and temporary condition of partial or complete inundation of normally dry land areas from: (A) The overflow of inland or tidal waters; (B) The unusual and rapid accumulation [of] or runoff[or] of surface waters from any source. or (C) Mudslides (i.e., mudflows) which are approximately caused by flooding as defined in paragraph [(A)(ii)] (1)(B) of this definition and are akin to a river of [water] liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current; [ ] or (2) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding 5 anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (1)(A) of this definition." SECTION 6. Chapter 27, article 2, section 27-12, of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended by adding a new definition to be appropriately inserted and to read as follows: ""Expansion to an existing manufactured home park or subdivision"means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads)." SECTION 7. Chapter 27, article 3, section 27-14, of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended to read as follows: "Section 27-14. Director of public works approval. No building permit, certificate of occupancy, or grading permit shall be issued, no structure shall be occupied, no exception to chapter 5, the building code, shall be certified, and no development or subdivision shall be approved in an area of special flood hazard as determined by the director, pursuant to section 27-16, without the approval of the director [ ] with respect to compliance with the provisions of this chapter." SECTION 8. Chapter 27, article 3, section 27-16, of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended to read as follows: "Section 27-16. Duties and responsibilities of the floodplain administrator. The floodplain administrator, with the cooperation and assistance of other County departments, shall administer this chapter. The duties and responsibilities of the floodplain administrator shall include,but not be limited to: [(-a)](1) Permit review. [(1)](A) All building permits, certificates of occupancy, grading permits, and development or subdivision proposals shall be reviewed to determine whether the requirements of this chapter have been satisfied; [(2)](B) All other development permits referred by other governmental departments and agencies shall be reviewed for consistency with the requirements of this chapter; [(3)](C) All permits and proposals shall be reviewed to determine that the proposed building site is reasonably safe from flooding; 6 [(4)](D) For proposed building sites in flood-prone areas where special flood hazard areas have not been defined, water surface elevations have not been provided, and there is insufficient data to identify the floodway or coastal high hazard areas but the flood plain administrator has determined that there are verifiable physical indications that such hazards are present, all new construction, improvements to repetitive loss structures and substantial improvements (including the placement of manufactured homes) shall be: [(A)]( . Designed and adequately anchored to prevent flotation, collapse, or lateral movement; [(B)](ii) Constructed of flood-resistant materials; [(C)](iii) Constructed by methods and practices that minimize flood damage; and [(D)](iv) Constructed with electrical, heating, ventilation,plumbing, and air conditioning equipment and other service facilities that are designed and/or located sous to prevent water from entering or accumulating within the components during conditions of flooding; [(E)](v) Be reviewed to assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334; [(F)1(vi) New and replacement utilities shall comply with the requirements of section 27-19; and [(5)](E) All permits shall be reviewed to determine that the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood at any point. [(b)](2) Information to be maintained. [(1)](A) The Flood Insurance Study and Flood Insurance Rate Maps for the County of Hawai`i; [(2)](B) The certification of lowest floor elevation; [(3)](C) The certification of floodproofing for spaces below the base flood elevation; [(4)](D) The certification of final pad elevation where a site is filled above the base flood elevation; [(5)](E) The certification that an encroachment in the floodway will not result in any increase in flood levels during base flood discharge; and [(6)](F) The certification of elevation and structural support for structures in the coastal high hazard area. [(e-)](3) Interpretation of maps. The director of public works shall make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). A person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in article 5. [(4)](4) Change in base flood elevations. 7 Whenever base flood elevations increase or decrease or result in a mappable alteration of the boundaries of any special flood hazard area, as a result of physical changes affecting flooding conditions, as soon as practical,but no later than six months after the date such information becomes available, the floodplain administrator shall notify the Federal Emergency Management Agency of the changes by submitting technical or scientific data through the Letter of Map Revision process. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data. [(e)](5) Use of other base flood data. When base flood elevation data has not been provided in accordance with section 27-6, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal or State agency, or other source, in order to administer article 4. Any such information shall be submitted to the County of Hawai`i for [adeption..] approval. [(06) Whenever a watercourse is to be altered or relocated: [(l)](A) Require that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained; [(2)](B) For riverine situations,notify the State of Hawai`i department of land and natural resources (commission on water resource management) and all adjacent property owners, prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. [(3)](C) Whenever a proposed alteration or relocation occurs that would significantly change the base flood elevation or result in a mappable alteration of the boundaries of any special flood hazard area, technical and scientific data through the Conditional Letter of Map Revision(CLOMR) shall be submitted to and approved by the Federal Emergency Management Agency. Such a submission is necessary so that upon completion of those physical changes affecting flooding conditions,risk premium rates and floodplain management requirements will be based upon current data. Work to be performed under an approved Conditional Letter of Map Revision(CLOMR) shall be subject to the following: [(A)Ku Work shall not begin on any on-site development affecting or impacting the floodplain until an approved Conditional Letter of Map Revision is received from the Federal Emergency Management Agency; [(B)](ii) Within sixty days of receiving final approval from the director public—works] for the completion of the alteration or relocation of a watercourse, the request for a Letter of Map Revision(LOMR), and all other information required by the Letter of Map Revision (LOMR)process shall be submitted to the flood plain administrator. [(g)](7) Take action to remedy violations of this chapter as specified in article 6." 8 SECTION 9. Chapter 27, article 4, section 27-17, of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended to read as follows: "Section 27-17. Certification standards. (a1 Pre-construction and post-construction certification of elevation and floodproofing of new construction, improvements to repetitive loss structures, development, and substantial improvements within areas of special flood hazards shall be submitted to the director of public works and shall be maintained as a matter of public record. [(a)lib) Pre-construction certification. Requirements for approval of the building permit shall include the following items, as applicable, and any additional items as required by the director of public works to promote public welfare and safety: (1) Certification of building plans. Each set of building plans shall be certified by a structural engineer or architect, currently licensed in the State of Hawai`i, to be in compliance with the requirements of this chapter. (2) Elevation certification on building plans. The elevation of the lowest floor shall be certified on each set of the building plans by[a] an architect.,civil engineer=or land surveyor currently licensed in the State of Hawaii. (3) Special flood hazards area certification. The County of Hawai`i "Special Flood Hazard Area Certification" form, as amended, shall be completed and certified by a structural engineer or architect currently licensed in the State of Hawai`i. The completed"Special Flood Hazard Certification" shall be submitted for approval with the building plans. (4) Floodproofing certification. For all new nonresidential construction and substantial improvement with enclosed areas below the base flood elevation, the Federal Emergency Management Agency"Floodproofing Certificate" form, as amended, shall be completed and certified by [an] a civil engineer or architect,currently licensed in the State of Hawai`i and shall be submitted for approval with the building plans. The director of public works may require additional information regarding the floodproofing design from the permit applicant and the applicant shall provide it. The information required may include the design data and calculations used in the floodproofing design, a detailed flood elevation study, a drainage report, and other information as determined necessary by the director of public works to establish compliance with the provisions of this chapter and to promote public welfare and safety. [(b)](c) Post-construction certification. Requirements for approval of the certificate of occupancy shall include the following items, as applicable, and any additional items as required by the director of public works to promote public welfare and safety: (1) Elevation certification. The Federal Emergency Management Agency"Elevation Certificate," as amended, shall be completed and certified by a land surveyor, civil engineer, or architect currently licensed in the State of Hawai`i and 9 submitted for approval with the application for the certificate of occupancy. The information certified within the"Elevation Certificate" shall be based on actual construction. (2) Compliance with other requirements of this chapter." SECTION 10. Chapter 27, article 4, section 27-23, of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended to read as follows: "Section 27-23. Standards for coastal high hazard areas. Coastal high hazard areas[, - . .-:.- . . . . .. • . - : . . ,] are identified as Zone V or Zone VE on the Flood Insurance Rate Maps. Within coastal high hazard areas, the following standards shall apply: [(0](1) All new construction, improvements to repetitive loss structures, and substantial improvements in a coastal high hazard area shall be constructed with materials and utility equipment resistant to flood damage and using methods and practices that minimize flood damage. [(b ](2) New construction, improvements to repetitive loss structures, and substantial improvement shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the lowest horizontal portion of the structural members of the lowest floor, excluding the pilings and columns, is elevated to or above the base flood level. The pile or column foundation and structure attached thereto shall be anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. The wind and water loading values shall each have a one percent chance of being equaled or exceeded in any given year. [(-e)](3) New construction, improvements to repetitive loss structures, and other development shall be located on the landward side of the reach of mean high tide. [(d)](4) New construction, improvements to repetitive loss structures, and substantial improvement shall have the enclosed space, if any, below the lowest floor free of obstructions and constructed with breakaway walls as defined in section 27-12. Such enclosed space shall not be used for human habitation and will be useable solely for parking of vehicles,building access, or storage. Machinery and equipment which service the building, such as furnaces, air conditioners, heat pumps,hot water heaters, washers, dryers, elevator lift equipment, electrical junction and circuit boxes, and food freezers are not permitted in such enclosed spaces. The enclosed space must only be achieved with breakaway walls, open wood latticework, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. A breakaway wall shall have a design safe loading resistance of not less than ten and no more than twenty pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of twenty pounds per square foot may be permitted only if a licensed professional structural engineer certifies that the design proposed meets the following conditions: 10 [(})](A) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and [(2)](B) The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Maximum wind and water loading values to be used in this determination shall each have a one percent chance of being equaled or exceeded in any given year(one-hundred-year mean recurrence interval). { e}](5) Fill shall not be used for structural support of buildings. [(f)](6) Man-made alteration of sand dunes and mangroves which would increase potential flood damage is prohibited. [(g)](7) All new construction, improvements to repetitive loss structures, development, and substantial improvement within coastal high hazard areas shall be certified as required by section 27-17. [(h)](8) Recreational vehicles placed on sites within Zones V and VE on the FIRM shall be elevated and anchored or be on the site for less than one hundred eighty consecutive days or be fully licensed and highway ready." SECTION 11. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets,bracketed and stricken material, and underscoring need not be included. SECTION 12. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 13. This ordinance shall take effect upon approval. INTRODUCED BY: b/& CO 6CIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: ' Date of 2nd Reading: Effective Date: 334 11 REFERENCE Comm.