HomeMy WebLinkAboutCOM 0989.027 2018-2020 •'fit./pF N..'.
VALERIE T. POINDEXTER n �,�,; Phone: (808)961-8828
Council Chairwoman& Presiding Officer 1 �• Fax: (808) 961-8912
Council District 1 Email: vpoindexter@co.hawaii.hi.us
co.hawaii.hi.us
Pt.OF1�F'
HAWAII COUNTY COUNCIL
County of Hawai
Hawai`i County Building
25 Aupuni Street, Suite 1402
Hilo, Hawai`i 96720
c.,,. c
DATE: July 17, 2020
TO: Aaron Chung, Council Chair CD
and Members of the Hawai`i County Council
FROM: Tf 'Valerie T. Poindexter, Council Member
SUBJECT: Proposed Amendments to Sections 5-3-2 through 5-3-5 and 5A-3-22 of
Bill No. 179;
An Ordinance Establishing a County Construction Code Relating to Building
Construction and Related Systems Within a Building Under Construction by
Amending the Hawai`i County Code 1983 (2016 Edition, as Amended), as
follows:
1) Adopting New Chapters 5 (Construction Administrative Code), 5A
(Building Code), 5D (Electrical Code), 5E (Energy Conservation Code), and
5F (Plumbing Code);
2) Amending Chapter 2, Section 2-39; Chapter 3, Sections 3-14 and 3-15; and
Chapter 25, Sections 25-1-5, 25-4-10, and 25-4-60; and
3) Repealing Chapters 5 (Building Code), 9 (Electrical Code), and 17
(Plumbing Code).
Please see below proposed amendments to sections 5-3-2 through 5-3-5 and 5A-3-22
(Appendix L; Factory-built Housing), of Bill No. 179. These amendments are illustrated in
Ramseyer format with respect to the contents of Bill No. 179. Material to be deleted is
bracketed and stricken; new material is underscored.
1. Section 5-3-2 of Bill No. 179, would be amended by renumbering it as follows:
"Section [5-3 2.] 5-3-3. Relocation of buildings."
2. Section 5-3-3 of Bill No. 179, would be amended by renumbering it as follows:
"Section [5-3-3.] 5-3-4. Temporary permits; required."
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Ref.To: e I CP""--i
Hawai`i County is an Equal Opportunity Provider and Employer Ref. Date JUL 1 7 2020
3. Section 5-3-4 of Bill No. 179, would be amended by renumbering it as follows:
"Section [5-3-4.] 5-3-5. Separate permit; required."
4. Article 3, division 1 of Bill No. 179 would be amended by adding a new section 5-3-2 to
read as follows:
"Section 5-3-2. Factory-built housing.
(a) No person shall perform any of the following work or cause or permit the
same to be done on any factory-built housing in the County, without first
obtaining a permit for this work from the authority having jurisdiction:
(1) Manufacture, install, erect, construct, enlarge, alter, repair, relocate,
improve, remove, convert, or demolish any factory-built housing;
(2) Manufacture, erect, install, enlarge, alter, repair, remove, convert, or
replace any electrical work; or
(3) Manufacture, erect, install, enlarge, alter, repair, remove, convert, or
replace any plumbing, fire sprinkler, gas, or drainage piping work, or
any fixture, gas appliance, water heating, or water treating equipment.
(b) To obtain a permit, an applicant shall comply with sections: 5-4-1; 5-4-2, 5-
4-3, 5-4-4, 5-4-5, 5-4-6, 5-4-7, and 5-4-8."
5. Section 5A-3-22 of Bill No. 179 would be amended to read as follows:
"Section 5A-3-22. Appendix L; Factory-built Housing.
Appendix L is added to read as follows:
"APPENDIX L
FACTORY-BUILT HOUSING
SECTION L101
APPLICABILITY
L101.1 Purpose. These provisions are applicable to the design,
construction, installation and transportation of factory-built housing
(FBH) within the County. Unless otherwise specified this article
shall be applicable only to FBH which is sold or offered for sale to
first users as defined below.
Exception: Manufactured homes manufactured and certified in
accordance with the Manufactured Home Construction and Safety
Standards as promulgated by the United States Department of
Housing and Urban Development. Foundation, exterior stairs,
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additions and accessory structures shall comply with Article 1,
Adoption of the International Building Code and International
Residential Code for One- and Two-Family Dwellings.
All provisions of the building, housing, electrical and plumbing
codes shall be applicable unless indicated otherwise in this article.
L101.2 Definitions. The following terms are defined for specialized
use within this article:
"Building official" means the director of the department of public
works or the director's authorized representative.
"Factory-built housing" means any structure or portion thereof
designed primarily for residential occupancy by human beings,
which is either entirely prefabricated or assembled at a place other
than the building site.
"First user" means a person, firm or corporation who initially
installs FBH within this State. A person who subsequently purchases
an installed FBH is not a first user within the meaning of this
definition.
"Insignia of approval" means a tag, tab, stamp, label or other device
issued by the building official to indicate compliance with the
statutes and these rules.
"Installation" means the assembly of FBH on site and the process of
affixing FBH to land, a foundation or an existing building.
"Manufacture" means the process of making, fabricating,
constructing, forming or assembling a product from raw, unfinished
or semi-finished materials to produce FBH.
"Site" means the parcel of land on which FBH is installed.
L101.3 Building permit required.
(a) No person shall ['- - ' - - -
without first obtaining a building permit from the building
official for each FBH] perform any of the following work or
cause or permit the same to be done on any FBH in the County,
without first obtaining a permit for this work from the building
official:
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(1) Manufacture, install, erect, construct, enlarge, alter,
repair, relocate, improve, remove, convert, or demolish
any FBH;
(2) Manufacture, erect, install, enlarge, alter, repair, remove,
convert, or replace any electrical work; or
(3) Manufacture, erect, install, enlarge, alter, repair, remove,
convert, or replace any plumbing, fire sprinkler, gas, or
drainage piping work, or any fixture, gas appliance, water
heating, or water treating equipment.
(b) To obtain a permit, an applicant shall comply with sections: 5-
4-1; 5-4-2, 5-4-3, 5-4-4, 5-4-5, 5-4-6, 5-4-7, and 5-4-8.
L101.4 Building permit fee. A fee for each building permit as set
forth in section [5 35] 5-7-3 of[this] chapter 5, shall be paid to the
building official. [ - -- - .' - '
walls, etc.]
L101.5 Insignia of approval.
(a) FBH manufactured in this County which is sold or offered for
sale to first users within this County shall bear the insignia of
approval issued by the building official indicating that the FBH is in
compliance with this article.
(b) FBH manufactured outside the County shall bear the insignia of
approval issued by [any governmental or inspectional agency
approved by] the building official.
L101.6 Performance of plumbing and electrical work.
[(a)]All electrical and plumbing work performed within this state
shall comply with State of Hawai`i contracting and licensing laws
and regulations.
[ • - - - -- - - ---- • -
(1) By licensed electricians or plumbers, respectively, of the
county in which the factory is located, if the manufacturer
by the building official; or
(2) Under the supervision of a licensed supervising electrician
--• - -- - - •
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(a) For each model of FBH, three sets of plans and specifications
shall be submitted and approval obtained prior to fabrication.
(b) With each application for a building permit, three sets of
submitted.
(c) Preparation of plans and observation of construction shall be by
Hawai`i.
8] L101.7 Inspections.
(a) [- s - --. - . . . -: s. •:-
an approved third party inspectional agency.] Each and every FBH
manufactured outside of the County shall be inspected by the
building official within the County.
(b) [The building official may make periodic in plant inspections to
verify that the FBH produced comply with the plans as approved by
the building official.] All manufacturing work, including building
electrical, and plumbing, shall be inspected in the factory by the
building official at all times. It shall be the duty of the permit holder
or their agent, to cause the work to remain accessible and exposed
for inspection purposes. All inspections of FBH shall comply with
sections 5-8-1, 5-8-2, 5-8-3, 5-8-4, 5-8-5, 5-8-6, and 5-8-7.
[ _ ;- •. '- $- tors shall be hired as required by the building
code. Once construction has been completed, the special inspector
shall submit a final signed special inspection report along with a
inspection done at the manufacturing plant.]
[ 9] L101.8 Manufacturer's label. A manufacturer's label on
a metal plate showing the manufacturer's name, serial number of the
building, manufacture date, design load criteria, and [third party]
building official inspection stamp shall be securely fastened on the
[EBB] FBH.
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[1A0-1,-1-0] L101.9 Transporting Factory-Built Housing. The
transportation of FBH shall be governed by the provisions of the
County and State traffic codes."
Due to the extensive length of Bill No. 179, a copy of the revised draft of this bill that would
result if these proposed amendments are adopted is not attached.
VP/lc
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