HomeMy WebLinkAboutConstruction Code - Draft Harry Kim
11 OF David Yamamoto,P.E.
Mayor ; qui Director
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Roy TakemotoAllan G.Simeon,P.E.
Managing Director Deputy Director
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County of Hawai'i
DEPARTMENT OF PUBLIC WORKS
Aupuni Center
101 Pauahi Street,Suite 7-Hilo,Hawaii 96720-4224
(808)961-8321 -Fax(808)961-8630
public workWhawaii county.gov
Dear Readers,
Attached is a draft of a bill to create a new construction code for the County of Hawai'i. This
code would repeal chapters 5 (building), 9 (electricity), and 17 (plumbing) and adopt the
following new chapters:
- 5A, the commercial building code (International Building Code)
- 5D, the electrical code (National Electrical Code)
- 5E, the energy conservation code (International Energy Conservation Code)
- 5F, the plumbing code (Uniform Plumbing Code)
(Chapters 5B and 5C are RESERVED for the future adoption of the residential building code and
the existing building code.)
The installation provisions for the existing building code, that are presently found in chapter 5
of the code, will be placed in chapter 5A, the new commercial building code. Only general
provisions such as those related to the chapter's title, purpose, scope/exceptions, existing
buildings, definitions, and buildings relocated within the County are included in this draft.
Installation provisions, as they will generally not be amended, will later be added into the bill.
In addition, a new article, relating to tiny homes is also included.
This draft is being shared to afford interested parties an opportunity to review this matter in
advance of the bill's introduction. DPW hopes to adopt the bill in advance of the State Building
Council's August 21, 2020 deadline for County's to adopt the state electrical and plumbing
codes. If the County does not adopt its own updated versions of the electrical and plumbing
codes prior to this deadline, the State Building Council's versions will automatically become
effective in Hawai'i County.
Following adoption of this construction bill, DPW intends to submit a bill to similarly consider
amendments to bring the building code in compliance with the State Building Council's version
of the 2012 International Building Code. The State Building Council's deadline for this is
November 13, 2020.
Summary of what this accomplishes:
County of Hawaii is an Equal Opportunity Provider and Employer.
A. Advances DPW's "one permit system"that will be implemented through the EnerGov
Software to ease updating of installation provisions to comply with the state building
council's mandatory updates to installation provisions:
1) Consolidates and standardizes "administrative provisions" from existing chapters 5, 9, and
17 into one new chapter to be numbered chapter 5. These include provisions relating to:
administration of these chapters; permits; what constitutes work regulated by these chapters;
fees; inspections; unsafe buildings and structures; violations, penalties, and enforcement; and
variances and appeals and will apply to all of the installation chapters.
2) Creates the following new chapters to contain installation provisions relating to the
following model codes:
5A, the commercial building code (International Building Code)
513, RESERVED for the residential building code (International Residential Code)
5C, RESERVED for the existing building code (International Existing Building Code)
5D, the electrical code (National Electrical Code)
5E, the energy conservation code (International Energy Conservation Code)
5F, the plumbing code (Uniform Plumbing Code)
B. Updates the following chapters to comply with the state building council's mandatory
updates:
5D, the electrical code (National Electrical Code) -to 2017 edition before state's August 21,
2020 deadline.
5E, the energy conservation code (International Energy Conservation Code) previously
updated to 2015 edition.
5F, the plumbing code (Uniform Plumbing Code) -to 2012 edition before state's August 21,
2020 deadline
Note: 5A, the commercial building code (International Building Code) - state building council
deadline to update to 2012 edition is November 13, 2020. This update will be introduced by a
separate bill, after the present legislation is done.
C. Addresses strategies to facilitate construction of affordable housing in the County of
Hawai'i :
1) Clarifies process for pre-approval of model plans for residential dwellings; and
2) Adds new provisions for "tiny homes."
DEADLINE FOR COMMENTS: 4:30PM, Friday,lune 511, 2020. Please email comments on the
proposed amendments to cohbuild@hawaiicounty.gov and the body of the email must contain
the following written information:
• proposed code amendment (i.e., deletion/addition),
• justification for the amendment(s), and
• contact information for additional follow-up.
County of Hawaii is an Equal Opportunity Provider and Employer.
LRB 5/26/20
Draft Construction Code
Reader Aids
1. Table of Chapters
Chapter 5 Construction Administrative Code pg. 1
Chapter 5A Commercial Building Code pg. 50
Chapter 5D Electrical Code pg. 62
Chapter 5E Energy Conservation Code pg. 69
Chapter 5F Plumbing Code pg. 97
2. Chapter 5. Construction Administrative Code, listing of articles and sections.
Article 1. General Provisions.
Article 2. Administration.
Article 3. Permits; When Required.
Article 4. Permit Application.
Article 5. Permits.
Article 6. Work.
Article 7. Fees.
Article 8. Inspections.
Article 9. Unsafe Buildings and Structures.
Article 10. Violations, Penalties, and Enforcement.
Article 11. Variances and Appeals.
Article 1. General Provisions.
Section 5-1-1. Title.
Section 5-1-2. Purpose.
Section 5-1-3. Scope; exceptions.
Section 5-1-4. Existing buildings.
Section 5-1-5. Definitions.
Section 5-1-6. Licenses.
Section 5-1-7. Computation of time.
Section 5-1-8. Additional time after service by mail.
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Article 2. Administration.
Division ]. General.
Section 5-2-1. Department having jurisdiction.
Section 5-2-2. Duties of the authority having jurisdiction.
Section 5-2-3. Compliance required.
Section 5-2-4. Conflict.
Section 5-2-5. Adoption of rules.
Section 5-2-6. Right of entry.
Section 5-2-7. Deputies.
Section 5-2-8. Limited liability of authorized personnel.
Division 2. Materials, equipment, devices, design, and methods of construction.
Section 5-2-21. Approved materials, equipment and devices.
Section 5-2-22. Used materials, equipment, and devices.
Section 5-2-23. Alternative materials, equipment, design, or methods of construction.
Section 5-2-24. Modifications.
Article 3. Permits; When Required.
Division 1. Permits required.
Section 5-3-1. Permit required; generally.
Section 5-3-2. Relocation of buildings.
Section 5-3-3. Temporary permits; required.
Section 5-3-4. Separate permit; required.
Division 2. Permits not required.
Section 5-3-21. Permit exemptions.
Section 5-3-22. Building work; exempt.
Section 5-3-23. Electrical work; exempt.
Section 5-3-24. Plumbing work; exempt.
Section 5-3-25. Emergency work.
Article 4. Permit Application.
Division 1. Application.
Section 5-4-1. Application for permit.
Section 5-4-2. Plans, specifications, and other data.
Section 5-4-3. Engineers and architects; work.
Section 5-4-4. Review of application.
Section 5-4-5. Action on application.
Section 5-4-6. Cancellation of application.
Section 5-4-7. Applications made prior to subsequent changes in applicable laws.
Division 2. Pre-approval.
Section 5-4-21. Model plans for residential dwellings; pre-approval.
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Article 5. Permits.
Section 5-5-1. Issuance.
Section 5-5-2. Posting.
Section 5-5-3. Designation of person, contractor, or subcontractor who will do work.
Section 5-5-4. Expiration.
Section 5-5-5. Extension.
Section 5-5-6. Retention of plans.
Article 6. Eligibility to Work.
Section 5-6-1. Persons to whom a permit may be issued.
Section 5-6-2. Eligibility to perform work.
Article 7. Fees.
Section 5-7-1. Permit plan review; general.
Section 5-7-2. Plan review fee for pre-approved model plans for residential dwellings.
Section 5-7-3. Permit.
Section 5-7-4. Temporary permit.
Section 5-7-5. Extra or regulatory inspections.
Section 5-7-6. Temporary certificate of occupancy.
Section 5-7-7. Fee payment.
Section 5-7-8. Refunds.
Article 8. Inspections.
Division 1. General Provisions.
Section 5-8-1. General requirements.
Section 5-8-2. Work shall be visible for inspection.
Section 5-8-3. Requests for inspection.
Section 5-8-4. Inspections.
Section 5-8-5. Final inspection.
Section 5-8-6. Special inspection.
Section 5-8-7. Regulatory inspection.
Division 2. Authorization for service; certificate of occupancy.
Section 5-8-21. Permanent electrical service
Section 5-8-22. Certificate of occupancy.
Article 9. Unsafe Buildings or Structures.
Section 5-9-1. Unsafe buildings or structures;public nuisances.
Section 5-9-2. Substandard.
Section 5-9-3. Structurally unsafe.
Section 5-9-4. Dangerous or hazardous.
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Section 5-9-5. Inspection.
Section 5-9-6. Found to be unsafe; notice and order.
Section 5-9-7. Posting of signs.
Section 5-9-8. Action upon noncompliance.
Article 10. Violations, Penalties, and Enforcement.
Section 5-10-1. Violations.
Section 5-10-2. Administrative enforcement.
Section 5-10-3. Criminal prosecution.
Section 5-10-4. Injunctive action.
Section 5-10-5. Remedies cumulative.
Article 11. Variances and Appeals.
Section 5-11-1. Variances.
Section 5-11-2. Appeals regarding alternative materials, design, and methods of construction.
Section 5-11-3. Other appeals.
Section 5-11-4. Rules; Adoption by the board of appeals.
3. Citations
Authorities of relevance are noted following some of the sections. These are abbreviated,
italicized, and enclosed in brackets. These include:
• References to sections of chapters 5, 9, and 17 of the Hawaii County Code
• HCC—Hawai`i County Code
• HRS —Hawai`i Revised Statutes
• HSEC—Hawai`i State Electrical Code
• HSPC—Hawai`i State Plumbing Code
• IBC—International Building Code
• IECC—International Energy Conservation Code
• IRC—International Residential Code
• MCC - Maui County Code
• NEC—National Electrical Code
• ROH—Revised Ordinances of Honolulu
• SBC—State Building Code
• SECC—State Energy Conservation Code
• UBC—Uniform Building Code
• UPC —Uniform Plumbing Code
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AN ORDINANCE REPEALING CHAPTERS 5 (BUILDING CODE), 9 (ELECTRICAL
CODE),AND 17 (PLUMBING CODE) OF THE HAWAII COUNTY CODE 1983 (2016
EDITION,AS AMENDED); AND ADOPTING NEW CHAPTERS 5 (CONSTRUCTION
ADMINISTRATIVE CODE), 5A (COMMERCIAL BUILDING CODE), 5D
(ELECTRICAL CODE), 5E (ENERGY CONSERVATION CODE),AND 5F (PLUMBING
CODE) RELATING TO BUILDING CONSTRUCTION AND RELATED SYSTEMS
WITHIN A BUILDING UNDER CONSTRUCTION.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L•
SECTION 1. Background
The two tables below outline the organizational framework of the ordinance. The first
table is a table of contents of the five chapters that will comprise the County's construction code,
as recodified. The first column shows the new, recodified chapters, articles, and sections in
consecutive numerical order. The second column shows the statutory sources from which the
new chapters, articles, and sections were derived, specifically the original section numbers.
The second table, the table of derivation, switches the approach of the first table. The first
column shows the original chapters, articles, and sections in consecutive numerical order. The
second column shows the new, recodified chapter, article, and section numbers.
(Tables will be inserted later)
SECTION 2. Chapters 5, 9, and 17 of the Hawaii County Code 1983 (2016 Edition, as
amended), are repealed.
SECTION 3. The Hawaii County Code 1983 (2016 Edition, as amended) is amended by
adding a new chapter 5 that shall read as follows:
"CHAPTER 5. CONSTRUCTION ADMINISTRATIVE CODE.
Article 1. General Provisions.
Section 5-1-1. Title.
This chapter shall be known as the "construction administrative code."
{5-1, 9-1, 17-1.)
Section 5-1-2. Purpose.
The administrative provisions for the building, electrical, and plumbing codes are presently
contained in chapters 5, 9, and 17. This ordinance extracts them from these chapters and
consolidates them into a single new chapter. This consolidation will enable the department of
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public works to streamline its administration of the permit application and plan review process
by consolidating what are presently separate permits from each of these chapters into a single
permit. The fees for this permit are derived from a simplified fee structure that is based upon the
value of the work to be performed. These changes will reduce permit processing time,
standardize procedures for regulatory activities such as inspections, and generally facilitate the
department's efforts to regulate building and construction in the County more efficiently and
effectively.
The installation provisions for these codes are placed in new chapters dedicated to the
following areas: building; electrical; energy conservation, and plumbing. Standardized
formatting of these chapters eases necessary regular updates to these codes.
Collectively, these chapters will comprise the County's construction code. The purpose of
this code is to: protect public health and safety, safeguard property, and promote the public
welfare by establishing minimum standards for:
(1) Building work, namely the construction, enlargement, alteration, repair, relocation,
improvement, removal, conversion, or demolition of any building or structure;
{5-1(b).)
(2) Electrical work, namely the installation, alteration, reconstruction, or repair of
electrical wiring; {9-2.)
(3) Plumbing work; namely the installation, alteration, reconstruction, or repair of
plumbing, gas, and drainage systems; and {17-1(b).)
(4) The energy efficient design of building envelopes and installation of mechanical,
lighting, and power systems.
Section 5-1-3. Scope; exceptions.
The provisions of this chapter shall apply to the administrative,permitting, enforcement,
inspection, and related procedures of chapters: 5A, the commercial building code; 5D, the
electrical code; 5E, the energy conservation code; and 517, the plumbing code.
This chapter shall apply to all building, electrical, and plumbing work related to the
construction, alteration, movement, addition, replacement, repair, establishment of and changes
in use and occupancy, location, maintenance, removal and demolition of every building or
structure or any appurtenances connected or attached to such buildings or structures within the
County inland of the shoreline high-water line. {5-2.)
This chapter shall not apply to:
(1) Work on buildings or premises owned by or under the direct control of the Federal
government; {9-3(1).)
(2) Work in public State or County road right-of-ways for utility installations, street
lighting, traffic signals,police and fire alarms, bridges,poles, hydraulic flood control
structures, and mechanical equipment not specifically regulated in this code where
installed:
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(A) Outside the proposed premises or boundary lines in a subdivision under
development; or
(B) In an approved subdivision, where the work is in planned or actual roadways or
other common infrastructure areas; {9-3(3).)
(3) Pursuant to section 448E-13, Hawaii Revised Statutes, work by employees of a
public utility within the State under a franchise or charter granted by the State which
is regulated by the public utilities commission and community antennae television
company, while so employed; {9-3(2).)
(4) Electrical work related to work regulated by chapter 397, Hawaii Revised Statutes,
relating to the elevator code, but not including electrical work for the supply of power
to the control panels of elevators, dumbwaiters, escalators, moving walks, and
manlifts; {9-3(6).)
(5) Replacement or repair of electrical devices and apparatus for air conditioning,
refrigeration, and heating systems, except electrical work on overcurrent devices that
are not physically attached to, or physically mounted on, such systems; {9-3(7).)
(6) The construction, alteration or repair of electrical devices commonly used in the
home such as portable appliances as defined in section 5-1-5; {9-3(8).)
(7) Plumbing work related to work regulated by chapter 397, Hawaii Revised Statutes,
relating to boilers and pressure vessels; and
(8) Agricultural buildings, structures, and appurtenances without electrical power and
plumbing systems are exempt from permit and construction code requirements
pursuant to section 46-88, Hawaii Revised Statutes, except as otherwise provided for
in this construction code. No electrical power and no plumbing systems shall be
connected to a building or structure without first obtaining a permit for electrical or
plumbing work.
Section 5-1-4. Existing buildings.
(a) Permitted buildings in existence at the time of the adoption of this code may have their
existing permitted use or occupancy continued if such use or occupancy was legal at the
time of the adoption of this code,provided such continued use does not constitute a hazard
to the general safety and welfare of the occupants and the public.
(b) Alteration, repair, addition, and change of occupancy. Alteration, repair, addition, and
change of occupancy to a building or structure in existence at the time of the adoption of
this code shall comply with the requirements of chapter 34 of the International Building
Code, relating to existing structures, until the adoption by the County of the International
Existing Building Code.
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Section 5-1-5. Definitions.
As used in this chapter, unless it is apparent from the context that a different meaning is
intended:
"Accessory structure" means a structure not greater than 3,000 square feet(279 m') in
floor area, and not over two stories in height, the use of which is customarily accessory to and
incidental to that of the dwelling and which is located on the same lot. {2006IRC)
"Agricultural building"means a development, including a nonresidential building or
structure, built for agricultural or aquacultural purposes, located on a commercial farm or ranch
constructed or installed to house farm or ranch implements, agricultural or aquacultural feeds or
supplies, livestock,poultry, or other agricultural or aquacultural products, used in or necessary
for the operation of the farm or ranch, or for the processing and selling of farm or ranch products.
An agricultural building for personal use shall be excluded from this definition.
"Architect" means a person who is licensed and in good standing as an architect in the
State of Hawaii.
"Authority having jurisdiction"means the director of the department of public works, or
the director's authorized representative. {5-4, 9-5, 17-3.)
"Building" means any structure used or intended for supporting or sheltering any use or
occupancy. The term shall include but not be limited to, any structure mounted on wheels such
as a trailer, wagon, or vehicle which is parked and stationary for any 24-hour period, and is used
for business or living purposes;provided, however, that the term shall not include a push cart or
push wagon which is readily movable and which does not exceed 25 square feet in area, nor shall
the term include a trailer or vehicle, used exclusively for the purpose of selling any commercial
product therefrom, which hold a vehicle license and actually travels on public or private streets.
To the extent context otherwise permits and/or requires, the definitions of"building" as
used in chapters: 5A, the commercial building code; 5D, the electrical code; 5E, the energy
conservation code; and 517, the plumbing code; are incorporated by reference herein. {202, IBC,-
5-7](1).)
BC;5-71(1).)
"Building work" means the design, construction, alteration, relocation, enlargement,
replacement, repair, removal, demolition of any building or structure, or any other activities
regulated by this chapter. {5-19(a).)
"Construction code" means collectively: chapter 5, the construction administrative code;
chapter 5A, the commercial building code; chapter 5D, the electrical code; chapter 5E, the
energy conservation code; chapter 517, the plumbing code; and all administrative rules adopted
pursuant to these chapters.
"Director"means the director of public works of the County of Hawaii or the director's
duly authorized representative.
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"Dwelling"means any building that contains one or two dwelling units used, intended, or
designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for
living purposes. {202, IBC.)
"Dwelling unit" means a single unit providing complete independent living facilities for
one or more persons, including permanent provisions for living, sleeping, eating, cooking, and
sanitation. {202, IBC.)
"Electrical wiring" means any conduit, raceway, manhole, handhole, conductor, material,
device, fitting, apparatus, appliance, fixture, or equipment constituting a part of or connected to
any electrical installation, attached or fastened to any building, structure, or premises and which
installation or portion thereof is designed, intended, or used to generate, transmit, transform, or
utilize electrical energy within the scope and purpose of the National Electrical Code. {9-5.)
"Electrical work"means the installation, alteration, reconstruction, or repair of electrical
wiring.
"Engineer"means a person who is licensed and in good standing as a professional
engineer in the State of Hawaii. {23-3(14).)
"Existing building" means a building erected prior to the effective date of this chapter, or
one for which a legal permit has been issued.
"Existing structure" means a structure erected prior to the effective date of this chapter, or
one for which a legal permit has been issued. {202, IBC.)
"Factory-built home"means housing, 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. {5-79, citing L101.2 of UBC that defines factory-built
housing.)
"International building code" means the International Building Code published by the
International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL, 60478-
5795, including appendices, as adopted in chapter 5A.
"Owner"means any individual, firm,partnership, association, or corporation, its or their
successors or assigns, according to the context thereof as owners or lessees of property.
"Owner-builder"means owners or lessees of property who build or improve buildings or
structures on their property for their own use, or for use by their immediate family. This
definition shall not preempt owner-builder by exemption as defined by section 444-2.5, Hawaii
Revised Statutes. 15-4, HCC and 444-2.5, HRS.)
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"Permit" means a formal authorization issued by the authority having jurisdiction that
authorizes performance of specified work,pursuant to the construction code, including the
following chapters and all administrative rules adopted pursuant to these chapters:
(1) 5, the construction administrative code;
(2) 5A, the commercial building code;
(3) 5D, the electrical code;
(4) 5E, the energy conservation code; and
(5) 517, the plumbing code.
"Person" means any individual, firm,partnership, association, or corporation; or its or their
successors or assigns, according to the context thereof. {9-5.)
"Plumbing work" means the design, installation, alteration, construction, reconstruction,
or repair of plumbing, gas, and drainage systems. {17-1(b), HSPC.)
"Portable appliances" means any cord/plug connected device that is readily movable.
{9-S.)
"Regulatory inspection"means an inspection that is requested to satisfy the requirements
of laws that are other than the construction code and that relate to health, safety, or public
welfare.
"Responsible party" means, at a minimum, the owner of a building, structure,portion
thereof, or installation. "Responsible parties" may also include, but shall not be limited to any
lessee or tenant of the building, structure, or portion thereof, and the owner of the property where
the building, structure, or portion thereof, or installation is located.
"Special inspection"means an inspection of the materials, installation, fabrication,
erection or placement of components and connections requiring special expertise to ensure
compliance with approved construction documents and referenced standards. {1702, IBC.}
"Structure"means that which is built or constructed. {202, IBC and art 100-chapt 1,
NEC.)
Section 5-1-6. Licenses.
When this construction administrative code or any of the construction codes require that a
person be licensed pursuant to chapters 444, 448E, or 464, of the Hawaii Revised Statutes, such
license must be valid in the State of Hawaii, unexpired, and unrevoked. {102, HSPC.)
Section 5-1-7. Computation of time.
In computing any period of time prescribed or allowed by the construction administrative
code, or by any applicable law or rule, the day of the act, event, or default after which the
designated period of time begins to run shall not be included. The last day of the period so
computed shall be included unless it is a Saturday, Sunday, or holiday, in which event the period
runs until the end of the next day that is not a Saturday, Sunday, or holiday. When the period of
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time prescribed or allowed is less than seven consecutive days, intermediate Saturdays, Sundays,
and holidays shall be excluded in the computation. As used in the construction administrative
code, "holiday" includes any day designated as such pursuant to section 8-1, Hawaii Revised
Statutes.
Section 5-1-8. Additional time after service by mail.
Whenever a party has the right or is required to do some act or take some proceedings
within a prescribed period after the service of a notice or other paper upon the party, if the notice
or paper is served upon the party by mail, two days shall be added to the prescribed period. This
period shall begin as of the date of mailing.
Article 2. Administration.
Division 1. General.
Section 5-2-1. Department having jurisdiction.
Unless otherwise provided for by law, the director of public works, in its capacity as the
authority having jurisdiction, shall have jurisdiction over and administer all matters covered by
the construction code. {5-10, 9-6, 17-7.)
Section 5-2-2. Duties of the authority having jurisdiction.
The authority having jurisdiction shall administer the provisions of the construction code
and amendments thereto and shall perform the following duties:
(1) Administer and enforce the provisions of the construction code, including chapters: 5,
the construction administrative code; 5A, the commercial building code; 51), the
electrical code; 5E, the energy conservation code; and 517, the plumbing code; in a
manner consistent with the intent thereof, {5-11(1)(3), 9-6, 17-8(2).)
(2) Render interpretations of the construction code and adopt policies and procedures that
are consistent with the intent and purpose of this code. Such policies and procedures
shall not have the effect of waiving requirements specifically provided for in the
construction code; {5-11(1).)
(3) Require submission of, examine, and check plans and specifications, drawings,
descriptions and diagrams necessary to show clearly the character, kind, and extent of
work covered by applications for a permit, and upon approval, shall issue the permit
applied for; {5-11(2), 17-8(1).)
(4) Inspect all building, electrical, and plumbing work authorized by permit to assure
compliance with provisions of the construction code or amendments thereto,
approving or condemning said work in whole or in part as conditions require;
{5-11(3), 9-9(x), 17-8(2).)
(5) Condemn and reject all work done or being done or materials used or being used
which do not in all respects comply with the provisions of the construction code and
amendments thereto; {5-11(5), 17-8(4).)
(6) Order changes in workmanship and materials essential to obtain compliance with all
provisions of the construction code; {5-11(5), 17-8(5).)
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(7) Issue upon request a certificate of occupancy or certificate of completion for any
work approved by the authority having jurisdiction; {5-11(4), 17-8(3).)
(8) Investigate any construction or work regulated by the construction code and issue
such notices and orders as provided in the construction code; {5-11(7), 17-8(6).)
(9) Keep a complete record of all essential transactions; and {5-11(8), 17-8(7).)
(10) Maintain public office hours necessary to administer the provisions of the
construction code and amendments thereto. {5-11, 17-8.)
Section 5-2-3. Compliance required.
(a) Permit holders and their agents shall comply with the requirements of permits issued
pursuant to the construction code including chapters: 5, the construction administrative
code; 5A, the commercial building code; 51), the electrical code; 5E, the energy
conservation code; and 517, the plumbing code.
(b) Any approval or permit issued pursuant to the provisions of the construction code shall
comply with all applicable requirements of the construction code. Any approval or permit
that presumes to authorize violation of the provisions of the construction code, or other
applicable laws, shall be invalid, except insofar as the work or use it authorizes is lawful.
15-12 minus paragraphs (1)-(8), 17-9, 17-18(d).)
(c) The granting of a permit, variance, or approval of plans or specifications pursuant to the
construction code does not dispense with the necessity to comply with any applicable law
to which a permit holder may also be subject. {9-27(b), 17-9, 17-18(d).)
Section 5-2-4. Conflict.
(a) If any provisions of the construction code conflict with or contravene provisions of the
Hawaii State Building Codes, International Building Code, National Electrical Code,
Uniform Plumbing Code, or the International Energy Conservation Code, that have been
incorporated by reference, the provisions of the construction code shall prevail as to all
matters and questions arising out of the subject matter of that provision. {5-5, 17-4.)
(b) In situations where two or more provisions of the construction code and any applicable law,
other than those provided for in subsection (a), cover the same subject matter, the stricter
shall be complied with. {9-4.)
Section 5-2-5. Adoption of rules.
The authority having jurisdiction may adopt rules pursuant to chapter 91, Hawaii Revised
Statutes, necessary for the purposes of the construction code. {5-13, 17-10.)
Section 5-2-6. Right of entry.
Upon presentation of proper credentials, the authority having jurisdiction may enter a
building, structure,premises, or building site at reasonable times to inspect or to perform any
duty imposed by the construction code. Such entry shall be made in such a manner as to cause
the least possible inconvenience to the persons in possession. If such building, structure,
premises, or building site is unoccupied, the authority having jurisdiction shall first make a
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reasonable effort to locate the owner, owner's agent, or person responsible for the building,
structure,premises, or building site and request entry. An order of a court authorizing such entry
shall be obtained in the event such entry is denied or resisted. {5-14, 9-8, 17-11.)
Section 5-2-7. Deputies.
In accordance with applicable procedures the authority having jurisdiction shall have the
authority to:
(1) Appoint technical officers, inspectors,plan examiners, and other personnel necessary
to support the department.
(2) Deputize inspectors or employees who shall have powers delegated to them by the
authority having jurisdiction; and
(3) Deputize volunteers to temporarily carry out functions of the department in the event
of a major natural disaster. {5-16.)
Section 5-2-8. Limited liability of authorized personnel.
(a) The authorized personnel charged with the administration and enforcement of the
construction code, while acting in good faith and without malice in the discharge of the
duties required by the construction code or other applicable law, shall not thereby be
rendered personally liable for damages that may accrue to persons or property as a result of
an act or by reason of an act or omission in the discharge of such duties. A suit brought
against the authorized personnel because of such act or omission performed by the
authorized personnel in the enforcement of any provision of the construction code or other
applicable law implemented through the enforcement of the construction code shall be
defended by the County until final termination of such proceedings, and any judgment
resulting therefrom shall be assumed by the County. {5-16, 9-7(c): and 17-12 & 17-13(c).)
(b) Neither the County nor any department, board, commission, officer, employee, or agent
shall be held liable or responsible for any damage or injury caused by or resulting from the
issuance of any permit, or any inspection or approval or issuance of a certificate of
inspection, made under the provisions of the construction code. {9-7(b), 17-13(b).)
(c) The construction code shall not be construed to relieve from or lessen the responsibility of
any person for damages from any defect, arising out of the ownership, operation, or
installation of any:
(1) Electrical wires, appliances, apparatus, construction, or equipment, or
(2) Plumbing, gas, or drainage systems. {9-7(a), 17-13(a).)
Division 2. Materials, equipment, devices, design, and methods of construction.
Section 5-2-21. Approved materials, equipment, and devices.
Materials, equipment, and devices approved by the authority having jurisdiction shall be
constructed and installed in accordance with such approval. {5-3(b)(1), HCC and 104.9 IBC.)
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Section 5-2-22. Used materials, equipment, and devices.
The use of used materials that meet the requirements of the construction code for new
materials is permitted. Used equipment and devices shall not be reused unless approved by the
authority having jurisdiction. {5-3(b)(1), HCC and 104.9.1 IBC.)
Section 5-2-23. Alternative materials, equipment, design, or methods of construction.
(a) The provisions of the construction code are not intended to prevent the installation of any
material or equipment; or to prohibit any design or method of construction not specifically
prescribed by this code, provided that any such alternative has been approved by the
authority having jurisdiction. {5-3(b)(3), HCC and 104.11 IBC.)
(b) Requests for qualified and approved alternative materials, equipment, design, or methods
of construction shall include a stamped certification from a person who is licensed in the
State of Hawaii as an architect or professional engineer, that the proposed alternative
meets or exceeds the standards set in subsection (c). Supporting data as prescribed in
subsections (d) and(e) shall be required to support the request.
(c) An alternative material, equipment, design, or method of construction may be approved
where the authority having jurisdiction finds that the proposed design is satisfactory and
complies with the intent of the provisions of the construction code, and that the material,
equipment, method, or work offered is, for the purpose intended, at least the equivalent of
that prescribed in this code in quality, strength, effectiveness, fire resistance, durability, and
safety. {5-3(b)(3), HCC and 104.11 IBC.)
(d) Research reports. Supporting data, where necessary to assist in the approval of materials,
assemblies, or equipment not specifically provided for in the construction code, shall
consist of valid research reports from approved sources. {5-3(b)(3), HCC and 104.11.1
IBC.)
(e) Tests. Whenever there is insufficient evidence of compliance with the provisions of the
construction code, or evidence that a material or method does not conform to the
requirements of this code, or in order to substantiate claims for alternative materials or
methods, the authority having jurisdiction shall have the authority to require tests as
evidence of compliance to be made at no expense to the County. Test methods shall be as
specified in the construction code or by other recognized test standards. In the absence of
recognized and accepted test methods, the authority having jurisdiction shall approve the
testing procedures. Tests shall be performed by an approved agency. Reports of such tests
shall be retained by the authority having jurisdiction for the period required for retention of
public records. {5-3(b)(3), HCC and 104.11.2 IBC.)
Section 5-2-24. Modifications.
(a) Wherever there are practical difficulties involved in carrying out the provisions of the
construction code, the authority having jurisdiction may grant modifications for individual
cases, upon application by an owner or owner's representative. As used in this section,
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"modification"means an exception to the provisions of the construction code that may be
granted in individual cases, by the authority having jurisdiction.
No modification from the strict application of any provision of the construction code shall
be granted by the authority having jurisdiction unless it finds all of the following:
(1) That an individual reason exists that in this instance renders compliance with the
strict letter of the construction code impractical;
(2) The modification will be consistent with the intent and purpose of the construction
code; and
(3) That the granting of the modification will not lessen health, accessibility, life and fire
safety, or structural requirements. {5-3(b), HCC and 104.10 IBC.)
(b) In granting a modification, the authority having jurisdiction may prescribe conditions that it
deems to be necessary or desirable.
(c) The details of actions granting modifications shall be recorded and entered in the files of
the authority having jurisdiction. {104.10IBC.)
Article 3. Permits; When Required.
Division 1. Permits required.
Section 5-3-1. Permit required; generally.
(a) Except as provided in division 2, no person shall perform any of the following work or
cause or permit the same to be done on any building or structure in the County, without
first obtaining a permit for this work from the authority having jurisdiction:
{5-19(a), 9-26.)
(1) Erect, construct, enlarge, alter, repair, relocate, improve, remove, convert, or
demolish any building or structure; {5-19(a), 5-3-2.)
(2) Erect, install, enlarge, alter, repair, remove, convert, or replace any electrical work; or
{9-26, HCC and 105.1, IBC.)
(3) 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
treating equipment.
(b) A permit shall be required for, but not limited to, the following:
(1) Gas tanks and piping.
Installation, removal, alteration, repair, or replacement of all gas tanks and piping on
private property.
(2) Handicap accessible routes.
Construction or renovation of handicap accessible routes from parking lot to building
or from building to building on a lot. {5-19(b)(3).)
(3) Retaining walls.
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Erection, construction, enlargement, alteration, repair, moving, conversion, or
demolition of retaining walls four feet and higher. Stepped or terraced retaining walls
within eight feet of each other are considered to be one wall when determining wall
height. {5-19(b)(5).)
(4) Solar photovoltaic systems.
Complete new installations of all solar photovoltaic residential and non-residential
systems, or the replacement of an existing system with all new components, or
relocation of panels from roof to ground or vice versa. Replacement of photovoltaic
equipment and components (i.e. panels, inverters) in the same location and of the
same type. {5-19(b)(5).)
(5) Solar water heating systems or components.
Complete new installations of all solar water heating systems, the complete
replacement of existing system with all new components, or relocation of panels from
roof to ground or vice versa. {5-19(b)(2).)
(6) Television or radio communication tower.
Erect, construct, enlarge, alter, repair, relocate, convert, or demolish any television or
radio communication tower, that is not regulated by the public utility commission.
{5-19(b)(1).)
(7) Water tanks or catchments.
Installation, removal, alteration, repair, or replacement of water tanks or catchments
intended for potable use, household use, or fire protection, regardless of height or
size. For additional requirements where water tank or catchment systems are used as
means of fire protection, see chapter 26, Hawaii County Code. {5-19(b)(4).)
Section 5-3-2. Relocation of buildings.
(a) A permit is required to relocate a building pursuant to section 5-3-1.
(b) Buildings moved into or within the jurisdiction shall comply with the provisions of the
construction code for new structures.
Exception:
R3 dwellings are exempted from this subsection but existing plumbing and electrical
systems contained within R3 dwellings shall be brought up to current code. {3408.1, IBC.)
(c) No permit shall be issued to relocate any dwelling, accessory to a dwelling, or portion
thereof, that has sustained substantial damage. As used in this section, "substantial
damage" means damage of any origin sustained by a structure, whereby the cost of
restoring the structure to its before damaged condition would equal or exceed fifty percent
of the market value of the structure before damage occurred. {5-28(a), 27-12 definitions.)
(d) Except as otherwise provided in subsection (b), the foundation,plumbing, and electrical
work at the final destination of the relocated building shall comply with the provisions of
the construction code for new structures and shall comply with flood hazard regulations,
land use ordinances and all other applicable laws.
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Section 5-3-3. Temporary permits; required.
(a) The authority having jurisdiction may authorize a permit for temporary structures and
temporary uses. A temporary permit for tents and similar structures shall be limited to a
period of not more than one hundred eighty consecutive days unless regulated by the fire
code. The authority having jurisdiction may grant one or more extensions of time for
additional periods not exceeding ninety consecutive days each. Prior to the deadline,
requests for extension shall be filed in writing with the authority having jurisdiction, and
demonstrate that circumstances beyond the applicant's control justify granting the
extension request. A $50 fee is required for a temporary permit. {107.1, IBC.)
(b) A temporary permit shall be required for, but not limited to, installation or construction of
the following structures for a period of not more than one hundred eighty consecutive days:
(1) A tent or similar structure which is to be used for commercial or religious purposes,
such as rallies, festivals, amusements and sideshows;
(2) Props for films, television, or live plays and performances; or {5-19 EXCEPTIONS
(2).)
(3) Structures, buildings,platforms, construction trailers, water tanks, or fences used
during the construction of a permitted structure. {5-19 EXCEPTIONS(2).)
(c) Tents of canvas,plastic or similar material shall not be used as a residence.
(d) The grant of a temporary permit pursuant to this section shall not be deemed to grant
authorization for any electrical or plumbing work to be done in a manner that violates the
provisions of the construction code or any other applicable laws.
(e) The permit may be cancelled for cause by the authority having jurisdiction or the fire
department at any time before expiration of the time stated in the permit. Upon such
cancellation or upon the expiration of the time stated therein, the structure or structures
shall be promptly removed.
Section 5-3-4. Separate permit; required.
A separate permit shall be required for each building or structure,provided that one permit
may be obtained for:
(1) Building or constructing a dwelling and its accessories, such as a fence, wall,pool,
and a garage; {5-19(a), HCC and 18-3.1(a)(3), ROK)
(2) Electrical work for a dwelling and a private garage, shed, or accessory building
located on the same premises as the main building, and supplied electrical power by a
feeder or circuit from the main building; and
(3) Plumbing work for a dwelling and a private garage, shed, or accessory building located on
the same premises as the main building and served by the same building water supply and
building sewer as that serving the main building. 19-29, 17-15(b), HCC. 18-3.2, ROK)
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Division 2. Permits not required.
Section 5-3-21. Permit exemptions.
(a) Any person who is undertaking an action that is exempted from the requirement for a
permit may be required to obtain a declaration from the authority having jurisdiction that
the proposed action:
(1) Is exempt from the requirement to obtain a permit;
(2) Complies with chapter 27, relating to flood control; and
(3) Complies with chapter 205A, Hawaii Revised Statutes, relating to special
management areas.
{5-19.1(4)
(b) Exemption from the permit requirements of the construction code shall not be deemed to
authorize violation of other provisions of this code or other applicable laws.
Section 5-3-22. Building work; exempt.
(a) A permit shall not be required for any of the following building work,provided no
electrical work or plumbing work is proposed:
(1) Installation and/or construction of:
(A) Awnings projecting up to four 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), Hawaii County Code
or; {5-19 EXCEPTIONS(6).)
(B) Cabinets or wall mounted shelving not affecting fire resistance or structural
members of walls for R-3 Occupancy and individual units of R-1, R-2, and U
Occupancies which are not regulated under cooking unit clearances of the
construction code. Cooking unit clearances refers to clearances between
cooking surfaces and combustible materials, including but not limited to
cabinets or; {5-19 EXCEPTIONS(12).)
(C) Detached decks or platforms greater than ten feet from structures or property
lines, or both, and less than thirty inches in height above grade. Building cannot
violate the provisions for"yards" in chapter 25 (zoning). Verify setback
requirements with the planning department or; {5-19 EXCEPTIONS(19).)
(D) Detached one-story accessory structures of U occupancy, used as a tool shed,
storage shed, gazebo,playhouse, animal shed, or for a similar use,provided:
(i) The structures are located on residential zoned land;
(ii) The total floor area of the accessory structures does not exceed two
hundred square feet and is not greater than fifteen feet above finish grade;
and
(iii) The building is not located less than ten feet from the property line or
other structures; and does not violate the provisions for"yards" in chapter
25 (zoning). Structures shall be limited as defined per chapter 25 or;
{5-19 EXCEPTIONS(18).)
(E) Standard electroliers not over thirty-five feet in height above finish grade or;
{5-19 EXCEPTIONS(7).)
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(F) Fences six feet or less in height or; {5-19 EXCEPTIONS(16).)
(G) Floor covering or; {5-19 EXCEPTIONS(11).)
(H) Playground equipment, excluding assembly or similar waiting areas or;
{5-19 EXCEPTIONS(20).)
(I) 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 or; {5-19 EXCEPTIONS(3).)
(J) Wallpaper or wall coverings which are exempted under the provisions of section
801.1, Interior Finishes, chapter 8, IBC or; {5-19 EXCEPTIONS(8).)
(K) Water features and swimming pools less than twenty-four inches in depth, for
one and two-family dwelling units or;
(L) Wells and reservoirs pursuant to chapter 178, Hawaii Revised Statutes, or;
{5-19 EXCEPTIONS(14).)
(2) Installation and/or construction of temporary tents or other coverings used for private
family parties or for camping on approved campgrounds, in accordance with article 4
(camping), and article 5 (picnics) of chapter 5 or; {5-19 EXCEPTIONS(4).)
(3) Painting and decorating or; {5-19 EXCEPTIONS(3).)
(4) Repairs, excluding any installation or construction work otherwise exempted in
subsection (a), that involve only the replacement of component parts or existing work
with similar materials for the purpose of maintenance and do not cost over $4,000 per
structure in any twelve-month period, and do not affect or modify any existing
electrical or mechanical installations. Repairs that cost over $4,000 per structure in
any twelve-month period shall not be exempted from this section, or; {5-19
EXCEPTIONS(9).)
(5) Replacement of solar water heating components (i.e. panels, tanks) in the same
location and of the same type or; {5-19 EXCEPTIONS(21).)
(6) Agricultural buildings, structures, and appurtenances exempt from building permit
and building code requirements pursuant to section 46-88, Hawaii Revised Statutes,
or;
(7) Work located primarily in a public way,public utility towers, bridges,poles,
mechanical equipment not specifically regulated in the construction code, and
hydraulic flood control structures or; {5-19 EXCEPTIONS(1).)
(8) Work performed under the jurisdiction or control of the:
(A) State department of transportation at state harbors,pursuant to section 266-2,
Hawaii Revised Statutes, or; {5-19 EXCEPTIONS(IS).)
(B) State department of accounting and general services or; {5-19 EXCEPTIONS
(23).)
(b) The foregoing exemptions from permit requirements shall not be deemed to:
(1) Allow any building work to be done in a manner contrary to other provisions of the
construction code; or
(2) Authorize violation of article 3,pertaining to other work, or of other applicable laws.
{9-26(8).)
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Section 5-3-23. Electrical work; exempt.
(a) A permit shall not be required for the following electrical work:
(1) Electrical work and installations to which the provisions of this chapter and chapter
51), the electrical code, are expressly declared to be not applicable. {9-26(1).)
(2) Existing electrical installations which complied with the applicable laws in effect
when the electrical work thereon was performed,provided that such installations shall
be subject to the provisions of section 5D-2-3. {9-3(4).)
(3) Installation of any portable motor or other portable appliance energized by means of a
cord or cable, having an attachment plug, if such cord or cable is permitted by chapter
51), the electrical code. {9-26(2).)
(4) Repair of any fixed motor, water heater, air conditioning controls, or other appliance,
or replacement of any fixed motor with another having the same horsepower rating
and situated at the same location. {9-26(3).)
(5) Replacement of receptacles and switches to tamper-resistant receptacles and switches.
{9-26(4), HCC and 406.12, NEC 2014.)
(6) Maintenance work by a licensed electrician pursuant to chapter 448E, Hawaii
Revised Statutes,provided, that maintenance work that involves or requires the
repair, replacement, or rearrangement of wiring does require a permit as it is not
included in this exemption. {9-26(5).)
(b) The provisions of the foregoing exemptions shall not apply to any repairs or replacement of
electrical devices, apparatus, or appliances which were originally installed without a
permit, when such permit is required for the original installation, or when energized by or a
part of any hazardous or illegal wiring system. {9-26(7).)
(c) The foregoing exemptions from permit requirements shall not be deemed to:
(1) Allow any electrical work to be done in a manner contrary to other provisions of the
construction code; or
(2) Authorize violation of chapter 51), the electrical code, or other applicable laws. {9-
26(8).)
Section 5-3-24. Plumbing work; exempt.
(a) A permit shall not be required for the following plumbing work:
(1) Plumbing work and installations to which the provisions of this chapter and chapter
517, the plumbing code, are expressly declared to be not applicable;
(2) Clearing stoppages or repairing leaks in pipes, valves, or fixtures, when such repairs
do not involve or require the replacement or rearrangement of valves,pipes, or
fixtures; {17-16(b).)
(3) Replacement or repair of disposals, faucets, and fixtures, to include sinks and water
closets, for non-commercial residential and County of Hawaii government
occupancies only. Repairs that involve or require the replacement or rearrangement of
valves or pipes do require a permit as they are not included in this exemption. All
repair or replacement work shall be done by licensed plumbers in accordance with
section 444, Hawaii Revised Statutes. {17-16(b).)
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(4) Maintenance work by a licensed plumber pursuant to chapter 448E, Hawaii Revised
Statutes,provided, maintenance work that involves or requires the repair,
replacement, or rearrangement of valves or pipes requires a permit as it is not
included in this exemption.
(b) The foregoing exemptions from permit requirements shall not be deemed to:
(1) Allow any plumbing work to be done in a manner contrary to other provisions of the
construction code; or
(2) Authorize violation of chapter 517, the plumbing code, or other applicable laws.
Section 5-3-25. Emergency work.
(a) Emergency work may commence in compliance with section 5-4-2, without a permit.
However, the applicant shall notify the authority having jurisdiction of such emergency
work on the workday immediately following the day the emergency work is commenced.
This notification shall be made in writing. An application for a permit for the emergency
work shall be filed with and appropriate fees,pursuant to 5-7-3,paid to the authority
having jurisdiction within fourteen days the commencement of the emergency work. The
authority having jurisdiction may grant one or more extensions of time for additional
periods not exceeding fourteen consecutive days each. Prior to the deadline, requests for
extension shall be filed in writing with the authority having jurisdiction, and demonstrate
that circumstances beyond the applicant's control justify granting the extension request.
This provision shall pertain to the following types of work: {18-3.3 ROH and 9-28, HCC.)
(1) Emergency building work including the repair of any legally erected existing
structure that was damaged during an emergency. The damage resulting from the
emergency must be to an extent that requires immediate action to prevent substantial
physical harm to persons or property. As used in this section, "repair"means any
restoration, reconstruction, or other work performed to return a structure to its former
condition that does not increase the floor area of the structure beyond that of the
structure prior to the major disaster, and is in conformance with the construction
code, flood hazard regulations, land use ordinance, and other applicable laws.
{105.2.]A, MCC and 18-6.5, ROK)
(2) Emergency electrical work, including work on electrical wiring to restore electrical
service to a building following a fire, to remedy a power failure, and to protect
persons and property against short circuiting and open circuits. {9-26(6), 9-28, 9-41.)
(3) Emergency plumbing work, including work to remedy leaks in drains, soil, waste,
vent pipes, or conditions that are otherwise dangerous to human health or public
welfare. {17-16(a).)
(b) This section shall not be interpreted to authorize violation of other provisions of the
construction code or other applicable laws. Structures or portions thereof that were
illegally erected or constructed shall not be repaired under this section. 1105.2.1(H)MCC.}
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Article 4. Permit Application.
Division 1. Application.
Section 5-4-1. Application for permit.
(a) To obtain a permit, an applicant shall file an application in writing or online on a form
furnished by the authority having jurisdiction for that purpose. Applications shall:
(1) Identify and describe the work to be covered by the permit for which application is
made and the owner of the property, {17-18(a).)
(2) Describe the property on which the proposed work is to be done in sufficient detail to
determine the precise location of the property involved, including legal description,
tax map key number, street address, or similar description that will readily identify
and definitely locate the proposed building or work; {5-20(2), 17-18(a).)
(3) Indicate the use and occupancy for which the proposed work is intended; {5-20(3),
17-18(a).)
(4) Be accompanied by plans, specifications, construction documents and other
information as required in this article; {5-20(4), 17-18(a).)
(5) If submitting plans, specifications, or construction documents pursuant to section
464-13(b), Hawaii Revised Statutes, the applicant shall include proof of recordation
with the bureau of conveyances in accordance with section 464-13(c), Hawaii
Revised Statutes.
(6) State the estimated value of the proposed work; {5-20(5).)
(7) Indicate that the owner or the owner's authorized agent consents to the permit
application, by inclusion of the owner or the owner's authorized agent's signature on
the application; {5-20(6).)
(8) State the following information for each contractor or subcontractor engaged to do
electrical or plumbing work upon the building, structure or project:
(A) Name;
(B) Name of the responsible managing employee or authorized employee of each
contractor or subcontractor;
(C) Address, email address and telephone number;
(D) Contractor's license number; and
(E) Particular phase or phases of work to be performed;
(9) Provide the name and license number of all specialty contractors involved in the
project, in compliance with the provisions of chapter 444, Hawaii Revised Statutes;
(10) Be signed by the responsible managing employee or authorized employee of each
contractor designated in paragraphs (8) and(9);
(11) Provide email and telephone number of applicant or agent;
(12) Include a non-refundable permit plan review fee pursuant to section 5-7-1; and
{17-18(a).)
(13) Contain any other information necessary to enforce the provisions of the construction
code as may be required by the authority having jurisdiction. {9-30(a).)
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(b) Applications and required documents shall be filed in writing. After the authority having
jurisdiction implements its electronic filing system, applicants may submit documents in
writing or electronically.
(c) Applications that do not conform with the provisions of division 2 shall not be accepted by
the authority having jurisdiction.
Section 5-4-2. Plans, specifications, and other data.
(a) The following documents shall be submitted with each application for a permit:
plans; specifications; engineering calculations; diagrams; soil investigation reports; code
search; special inspection and structural observation programs; and other data as may be
required by the authority having jurisdiction. {5-25(a)-(b), 9-30(b), 17-18(a).)
(b) Number of sets of documents to be submitted with each application:
(1) Two sets for single and two-family dwellings or town houses (R-3 Occupancy);
(2) Two sets for accessory structures; and
(3) Three sets for all other occupancies. {5-25(a), 17-18(b).)
(c) Plans and specifications shall:
(1) Be drawn to scale upon substantial 24 inch by 36 inch paper; {5-27(a).)
(2) Be of sufficient clarity to indicate the nature and extent of the work proposed and
show in detail that it will conform to the provisions of the construction code and all
applicable laws; {5-27(a).)
(3) Display the following information on the first sheet of each set of plans:
(A) The tax map key number of the job site; {5-27(a).)
(B) The name and address of the owner as referenced on real property records;
{5-27(a).)
(C) The name and address of the person who prepared the plans; {5-27(a).)
(D) The following code search information:
(i) The basis of the building design including but not limited to the following:
type of construction; occupancy; basic allowable floor areas; separation
for mixed occupancy; number of occupants, wind speed (basic, effective),
wind exposure, seismic zone, and exposure, etc. In lieu of detailed
specifications, the authority having jurisdiction may approve references on
the plans to a specific section or part of the construction code or other
ordinances or laws; {5-27(a).)
(ii) Calculations, stress diagrams, and other data sufficient to show the
correctness of the plans, shall be submitted when required by the authority
having jurisdiction; {5-27(b).)
(iii) All plans other than R-3 and U occupancies shall have on the plans
information of occupancy, type of construction, floor area computations,
allowable area increases, separation wall if used, fire resistive substitution,
fire sprinkler, exits, etc.; {5-27(c).)
(iv) Code search information for building design; and
(v) Additional forms required in the construction code; and
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(E) Floor area computations, including major and accessible floor area, that are
clearly labeled; and {5-27(a).)
(4) Include a plot plan showing the location of:
(A) The proposed building;
(B) Every existing building and/or structure on the property, including but not
limited to retaining walls, water tanks,pools, etc.;
(C) Distances between buildings;
(D) Setbacks; and
(E) Certified flood zone elevation mark, as applicable.
{5-27(a).)
Section 5-4-3. Engineers and architects; work.
(a) All plans and specifications relating to work for which a permit is required shall be
prepared, designed, and stamped by a person who is licensed in the State of Hawaii as an
architect or professional engineer. Such architect or professional engineer shall be licensed
in the State of Hawaii in accordance with chapter 464, Hawaii Revised Statutes, unless
the work is exempt pursuant to section 464-13(b), Hawaii Revised Statutes. {5-25(c).)
(b) The following plans and specifications shall be prepared, designed, and stamped by a
person who is licensed in the State of Hawaii as an architect or professional structural
engineer: {5-25(c).)
(1) All wood trusses of more than 24'-0" spans. {5-25(g).)
(2) All pre-engineered trusses and metal trusses. {5-25(g).)
(c) For residential (R-3 Occupancies) and accessory (U Occupancies) only, the following plans
and specifications shall be prepared, designed, and stamped by a person who is licensed in
the State of Hawaii as an architect or professional structural engineer, unless exempt
pursuant to section 464.13(b), Hawaii Revised Statutes. Whenever the exemption
provided for in section 464.13(b) is applied to the construction of a new building, the
applicant shall include with the application,proof that the exemption has been recorded
with the bureau of conveyances pursuant to section 464-13(c), Hawaii Revised Statutes.
{5-25(c).)
(1) All plans for post and pier type construction with/without perimeter foundation walls
of R-3 Occupancies. {5-25(e).)
(2) Single story structure and more than 600 square feet of floor area for R-3 Occupancy.
{5-25(c)(1).)
(3) Single story or two-story structure of mixed occupancies (R-3 and U Occupancies)
pursuant to HRS 464.13(b). {5-25(c)(2).)
(4) Structures of R-3 or U Occupancies that are three or more stories in height.
{5-25(c)(3).)
(5) Structural members that are concrete, masonry or structural steel. {5-25(c)(5).)
(6) Proposed construction in special hazard flood zones: AE, AH, AO, V, and VE, as
prescribed in chapter 27, relating to flood control; electrical installations per chapter
5D, relating to the electrical code; and plumbing installations per chapter 517, relating
to the plumbing code. {5-25(c)(4).)
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(7) Structures in high seismic zones. (Category E or Sv> 0.75)
(d) All plans and specifications for retaining walls over four feet in height shall be prepared,
designed, and stamped by a person who is licensed in the State of Hawaii as an architect or
professional civil or structural engineer. 15-25(d).}
(e) Electrical plans and specifications giving such details of the proposed installation as may
be required by the authority having jurisdiction to be submitted with the application. Such
plans and specifications shall be prepared, designed, and stamped by a person who is
licensed in the State of Hawaii as aprofessional electrical engineer.
Exception:
For single and two-family dwellings, townhouses and accessory structures, plans and
specifications shall not be required provided the installation meets all of the following
criteria:
(A) The installation shall not be located in a rain water or sea water flood zone; and
(B) Service size disconnect does not exceed 200 amperes. {9-33(a).)
(f) Installation of photovoltaic systems shall require:
(1) Electrical design drawings and specifications that have been prepared, designed, and
stamped by a person who is licensed in the State of Hawaii as a professional
electrical engineer for residential and non-residential installations; and {9-33(b)(2).)
(2) Plans and specifications for building work that have been prepared, designed, and
stamped by a person who is licensed in the State of Hawaii as an architect or a
professional structural engineer for:
(A) Non-residential installations; or {9-33(b)(3).)
(B) Residential installations that do not utilize a preapproved system or that are not
consistent with approved standards including but not limited to, those relating to
span tables, older homes or site-built trusses.
(g) Installation of electrical work on residential and nonresidential electrical work in special
flood hazard areas shall be prepared, designed, and stamped by a person who is licensed in
the State of Hawaii as a professional electrical engineer.
(h) Mechanical plans, included but not limited to plumbing installation and HVAC installation
drawings, specifications shall be prepared, designed, and stamped by a person who is
licensed in the State of Hawaii as a professional engineer, and shall be according to State
statutes when required by the authority having jurisdiction. Plans for single- or two family
dwellings are not required to show plumbing piping plans or diagrams unless requested by
the authority having jurisdiction.
(i) Plumbing plans and diagrams shall be required for R-3 single and two family dwellings and
townhouses that include four or more bathrooms;
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(j) The authority having jurisdiction may require plans, computations, and specifications to be
prepared, designed, and stamped by a person who is licensed in the State of Hawaii as an
architect or professional engineer, if prescriptive requirements of the construction code are
not being adhered to. {5-25(h).)
(k) No person shall materially deviate from any reviewed plan or specifications or fail, neglect
or refuse to comply herewith, unless permission to do so has first been obtained from the
person who is licensed in the State of Hawaii and listed as the architect or professional
engineer of record. Revised drawings or a letter, or both, that show such deviations and
have have been prepared, designed, and stamped by the architect or professional engineer
of record, shall be submitted to the authority having jurisdiction for review and approval.
{9-33(c).)
Section 5-4-4. Review of application.
(a) The application,plans, specifications, and other data filed by an applicant for a permit shall
be reviewed by the authority having jurisdiction. Plans shall also be reviewed by other
appropriate departments and divisions of the County and the State to verify compliance
with laws under their jurisdiction. {5-28(a), 9-34, 17-18(c).)
(b) Nothing contained in the construction code shall be construed to require the authority
having jurisdiction to accept or reject any permit application before completion of reviews
required pursuant to the construction code and other applicable laws. {9-32.)
Section 5-4-5. Action on application.
(a) If the application,plans, specifications, and other data filed by an applicant for a permit do
not conform to the requirements of pertinent laws, the authority having jurisdiction shall
reject such application in writing, stating the reasons therefor. {105.3.1 MCC.)
(b) If the authority having jurisdiction finds that the work described in an application for a
permit and the plans, specifications and other data filed therewith conform to the
requirements of the construction code and all other pertinent laws; and the fees specified in
article 7 have been paid, the authority having jurisdiction shall issue a permit therefore to
the applicant. {5-28(a), 9-34, 17-18(c).)
Section 5-4-6. Cancellation of application.
(a) Thirty days to pick up permit or plan review letter.
Upon notice to applicant that their application is ready for pick up with either a
"recommend for issuance" or"recommend return with correction,"the applicant shall have
thirty working days to pick up their permit or application respectively. If the permit
application is not picked up within thirty working days, the application will be cancelled.
The thirty-day period will begin on the working day following the day that notification is
electronically sent to the applicant.
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(b) Thirty days to take action on deficient application.
(1) If an applicant picks up an application designated "recommend return with
correction,"the applicant shall have thirty working days to take action on the
deficiencies noted in the application. The applicant shall be notified that the
application will be cancelled after sixty consecutive working days of no action.
(2) If the applicant does not take action within sixty consecutive working days, the
application shall be cancelled. The sixty-day period will begin on the working day
following the day that notification is electronically sent to the applicant.
(c) 180 days to obtain permit.
An application for a permit shall be deemed to have been cancelled 180 days after the date
of filing, unless such application has been pursued in good faith or a permit has been
issued; except that the authority having jurisdiction may grant one or more extensions of
time for additional periods not exceeding ninety consecutive days each. Prior to the
deadline, requests for extension shall be filed in writing with the authority having
jurisdiction, and demonstrate that circumstances beyond the applicant's control justify
granting the extension request. {105.3.2, IBC.}
(d) Restarting permit application.
If a permit application is cancelled, the application process must be restarted. In order to
restart an application after its cancellation, the applicant shall resubmit plans with
alterations to meet current codes and pay a new plan review fee.
(e) If an application is cancelled,plans and other data submitted for review may thereafter be
returned to the applicant or destroyed by the authority having jurisdiction.
Section 5-4-7. Applications made prior to subsequent changes in applicable laws.
An applicant for a permit who has filed an application with the authority having
jurisdiction prior to the effective date of a subsequent change in applicable law shall be required
to obtain the permit no later than one hundred eighty consecutive days after the effective date of
such law. If the permit has not been obtained within one hundred eighty consecutive days after
the effective date of the subsequent law, the application and plans shall comply with the
requirements set forth in the subsequent law. Where the subsequent law specifies a time period
for obtaining a permit other than the one hundred eighty-day period stated above, the time period
specified in the subsequent law shall govern.
Division 2. Pre-approval.
Section 5-4-21. Model plans for residential dwellings; pre-approval.
(a) Model plan pre-approval.
Model plans for residential dwellings may be pre-approved by the authority having
jurisdiction. The application process for a permit that is based on model plans for
residential dwellings that have been pre-approved and filed with the authority having
jurisdiction shall exclude the plan and specification review required in sections 5-4-1 and
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5-4-2. This exemption shall not apply to reviews by other appropriate departments and
divisions of the County and the State required pursuant to subsection 5-4-4.
(b) Model home designs.
(1) Eligible model home designs shall have no limitation on size.
Exception:
A maximum of a two-car carport/garage may be included.
(2) Layouts of plans that are mirrored or reversed versions of previously approved plans,
will be considered to be separate and an additional model home design subject to
paragraph (1) of this subsection.
(3) Any revisions to pre-approved plans will require resubmittal of the entire set of
revised plans and documents for approval. A proposed revision to an already pre-
approved plan will be considered to be a separate and an additional home design
subject to paragraph(1) of this subsection.
(c) Application for model plan pre-approval.
(1) To apply for pre-approval of a model plan, three sets of complete working drawings
and specifications that bear the wet seal and signature of a person who is licensed in
the State of Hawaii as an architect or professional engineer shall be submitted to the
authority having jurisdiction.
(2) Factory-built homes shall include a manufacturer's seal as required by Appendix L of
chapter 5A, the commercial building code.
(3) A plan review fee for pre-approved model plans shall be assessed per model home
design in accordance with section 5-7-2.
(d) The authority having jurisdiction shall approve the application, and assign a model number
to the pre-approved model plan, if it finds that:
(1) The plans submitted for pre-approval conform with the requirements of the
construction code and with all other applicable laws; and
(2) The fees specified in section 5-7-2 have been paid.
(e) Expiration of model plan pre-approval.
Pre-approved model plans for home designs shall remain valid until a new edition of the
model building code is adopted by the authority having jurisdiction.
(f) Owner/contractor application for permit.
(1) When applying for a permit with a pre-approved plan for a model home design the
owner/contractor shall:
(A) Submit two sets of complete working drawings showing the pre-approved
model number along with the manufacturer's wet seal and authorizing signature.
The authority having jurisdiction will verify the seal and signature.
(B) Pay the permit plan review fee pursuant to section 5-7-1.
(C) Obtain required approvals from other departments or agencies.
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(2) Construction drawings for pre-approved model home designs, with the exception of
the plot plan and/or cover sheet will not be required to be individually stamped by a
person who is licensed in the State of Hawaii as an architect or professional engineer
in accordance with this chapter and chapter 464, Hawaii Revised Statutes. The plot
plan and/or cover sheet shall bear the same architect or professional engineer's wet
seal or signature as submitted on the pre-approved model home design,pursuant to
subsection (c)(1).
(3) After the requisite approvals from other departments or agencies have been obtained,
the authority having jurisdiction will either approve the application or inform the
applicant of deficiencies in the application within six working days after the authority
having jurisdiction receives notice that all approvals have been obtained.
(4) Once approved, the authority having jurisdiction shall issue the permit in accordance
with section 5-5-1.
Article 5. Permits.
Section 5-5-1. Issuance.
(a) Permits shall be issued in such form and detail as shall be prescribed by the authority
having jurisdiction. They shall specify the geographical location of the premises whereon
the work authorized thereby is to be done; be valid only for the location so specified; and
be endorsed in writing or stamped on all sets of plans and specifications "REVIEWED."
{5-28(b), 9-36.)
(b) Once a permit is issued,plans and specifications shall not be changed, modified, or altered
without authorization from the authority having jurisdiction, and all work shall be done in
accordance with the approved plans. {5-28(b).)
(c) The authority having jurisdiction may issue a permit for the construction of part of the
building or structure before complete plans and specifications for the whole building or
structure have been submitted or approved,provided adequate information and detailed
statements have been submitted that are sufficient to indicate compliance with all pertinent
requirements of the construction code. The holder of such permit shall proceed at the
holder's own risk, without assurance that the permit for the entire building or structure will
be granted. {5-28(c).)
(d) The issuance of a permit shall not prevent the authority having jurisdiction from thereafter:
(1) Requiring the correction of errors in the plans and specifications;
(2) Revoking or suspending any permit when issued in error, on the basis of incorrect
information supplied, or in violation of the construction code, any permit or variance
issued pursuant to the construction code, or other applicable law;
(3) Halting building operations when in violation of the construction code, any permit or
variance issued pursuant to the construction code, or other applicable law;
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(4) Preventing occupancy or use of a structure, when violations of the construction code,
any permit or variance issued pursuant to the construction code, or other applicable
law have occurred; or
(5) Initiating criminal enforcement and the imposition of penalties or fees, or both, when
authorized by the construction code or other applicable law.
Section 5-5-2. Posting.
Work requiring a permit shall not be commenced until the permit holder or their agent shall
have posted the permit in a conspicuous place on the job site. The permit shall be readily visible
for the authority having jurisdiction to identify and make all required inspections. The permit
shall remain posted in a conspicuous place on the job site until the work has passed a final
inspection by the authority having jurisdiction. Failure to comply with this provision shall
subject the violator to a$100 fine. {5-21, 5-28(d), 9-36, 17-15(d).)
Section 5-5-3. Designation of person, contractor, or subcontractor who will do work.
(a) No permit issued shall authorize any person or contractor to work upon any phase of a
building, structure, or project unless they have been specifically identified in the permit
application, including any attachment or amendments thereto, as the contractor or
subcontractor designated to do that particular phase of work. {5-28(e).)
(b) No permit shall be loaned to another by the person to whom it was issued. {9-37.)
(c) If subsequent to the issuance of a permit, a homeowner either ceases to employ the owner-
builder exemption and engages a contractor for any phase of work, or there is a change in
the designation of any contractor for any phase of work, the permit holder shall file a
written request to the authority having jurisdiction for approval of these changes. The
request shall include: the change in designation; a revised declaration form for each
contractor or subcontractor engaged to do electrical or plumbing work upon the building,
structure, or project; and a non-refundable fee of$100. {5-280.)
Section 5-5-4. Expiration.
(a) Permits shall expire and become null and void:
(1) Permits issued to contractors -three years after the date of issuance of the permit;
{5-22(a).)
(2) Permits issued to owner-builders - five years after the date of issuance of the permit.
{5-22(c).)
(3) 180 consecutive days after the date of issuance, if the work authorized by the permit
is not commenced by such date; or {5-22(a), 17-18(e).)
(4) If the work authorized by a permit is suspended or abandoned for a period of 180
consecutive days or more at any time after the date of issuance.
{5-22(a), 9-36, 17-18(e).)
(b) Upon expiration of a permit, all work shall cease and shall not be recommenced until a new
permit is obtained. {5-22(b).)
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Section 5-5-5. Extension.
(a) In the event of a strike or some other event beyond the control of the contractor or the
owner that results in the suspension or abandonment of construction, the authority having
jurisdiction may extend the deadlines for construction. An extension of time may be
granted for the length of time that work has been halted by strikes or other causes beyond
the control of the owner or contractor but in no case shall the extension exceed 180
consecutive days.
(b) Requests for extension shall be filed in writing with the authority having jurisdiction prior
to the deadlines specified in section 5-5-4 and within seven calendar days after the
commencement of the delay. The written application shall describe in detail the causes of
the delay, the effect on the performance of work, the time during which work was actually
suspended, and the portion or portions of the project affected. {5-22(a).)
(c) The authority having jurisdiction shall maintain accurate records of all written requests for
extension and their subsequent disposition. Said records shall contain the name of the
applicant, location of the project and a detailed written explanation of the reasons for
granting or denying the request for extension.
Section 5-5-6. Retention of plans.
One set of approved plans, specifications, and computations shall be retained by the
authority having jurisdiction for a period of not less than ninety calendar days from the date of
completion of the work covered therein. In addition, one set of approved plans shall be returned
to the applicant and shall be kept on the job site at all times during which the work authorized
thereby is in progress.
Article 6. Eligibility to Work.
Section 5-6-1. Persons to whom a permit may be issued.
(a) A permit to do building work regulated by the construction code may be issued only to:
(1) A contractor or specialty contractor who is licensed pursuant to chapter 444, Hawaii
Revised Statutes; or
(2) An "owner-builder"pursuant to the owner-builder exemption as defined by section
444-2.5, Hawaii Revised Statutes.
{9-35 and 17-17.)
(b) A permit to do electrical work regulated by the construction code, may be issued only to:
(1) An electrical contractor licensed pursuant to chapter 444, Hawaii Revised Statutes;
{9-35(1).)
(2) A homeowner for electrical work on a single-family dwelling which the homeowner
will personally occupy and use exclusively for living purposes, provided the
homeowner is a journey worker electrician,journey worker specialty electrician,
supervising electrician, or supervising specialty electrician licensed pursuant to
chapter 448E, Hawaii Revised Statutes. Only one such permit may be issued to such
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homeowner unless the authority having jurisdiction finds that strict application of this
provision would result in practical difficulty and hardship and that the granting of a
second permit would not be contrary to the purpose of the construction code. This
does not preclude the homeowner from obtaining additional permits for the same
building or accessory building on the same lot; {9-35(2).)
(3) A supervising electrician or supervising specialty electrician licensed pursuant to
chapter 448E, Hawaii Revised Statutes:
(A) Who is employed as a maintenance electrician by someone other than a
contractor described above;
(B) Who is employed by the County or State; or
(C) Who is applying for electrical work for such person's own dwelling; or
{9-35(3).)
(4) A journey worker electrician licensed pursuant to chapter 448E, Hawaii Revised
Statutes, and employed by the County of Hawaii. {9-35(4).)
(c) A permit to do plumbing work regulated by the construction code, may be issued only to:
(1) A plumbing contractor licensed pursuant to chapter 444, Hawaii Revised Statutes;
{17-17(a).)
(2) A homeowner for plumbing work on a single-family dwelling which the homeowner
will personally occupy and use exclusively for living purposes, provided the
homeowner is licensed pursuant to chapter 448E, Hawaii Revised Statutes. Only one
such permit may be issued to such a homeowner, unless the authority having
jurisdiction finds that strict application would result in practical difficulty and
hardship and that the granting of a second permit would not be contrary to the
purposes of the code. This does not preclude the homeowner from obtaining
additional permits for the same building or accessory building on the same lot;
{17-17(b).)
(3) A master plumber licensed pursuant to chapter 448E, Hawaii Revised Statutes:
(A) Who is employed as a maintenance plumber by someone other than a contractor
described above;
(B) Who is employed by the County or State; or
(C) Who is applying for plumbing work for such person's own dwelling; or
(4) A journey worker plumber licensed pursuant to chapter 448E, Hawaii Revised
Statutes, and employed by the County of Hawaii or by a gas utility. {17-17(a).)
Section 5-6-2. Eligibility to perform work.
(a) Except as otherwise provided in this section, work regulated by the construction code shall
be performed only by:
(1) A contractor licensed pursuant to chapter 444, Hawaii Revised Statutes; or
(2) An "owner-builder"pursuant to section 444-2.5, Hawaii Revised Statutes.
{5-33.)
(b) Electrical work regulated by the construction code, and specifically chapter 5D, the
electrical code, shall be performed only by:
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(1) A journey worker electrician,journey worker specialty electrician, supervising
electrician, or supervising specialty electrician license licensed pursuant to chapter
448E, Hawaii Revised Statutes; or
(2) A homeowner for electrical work on a single-family dwelling which the homeowner
will personally occupy and use exclusively for living purposes, provided the
homeowner is a journey worker electrician,journey worker specialty electrician,
supervising electrician, or supervising specialty electrician licensed pursuant to
chapter 448E, Hawaii Revised Statutes.
(c) Plumbing work regulated by the construction code, and specifically chapter 517, the
plumbing code, shall be performed only by:
(1) A master plumber or j ourney worker plumber licensed pursuant to chapter 448E,
Hawaii Revised Statutes; or {17-21(a).)
(2) A home owner for plumbing work on a single-family dwelling which the homeowner
will personally occupy and use exclusively for living purposes, provided the
homeowner is a master plumber or journey worker plumber licensed pursuant to
chapter 448E, Hawaii Revised Statutes.
(d) No person shall allow any other person to do or cause to be done any work under a permit
except individuals employed by the permit holder. {17-1 S(c).)
Article 7. Fees.
Section 5-7-1. Permit plan review; general.
(a) A fee shall be assessed for plan reviews. The fee shall be in the amount of twenty percent
of the permit fee, with a minimum fee of$50 and shall accompany the application,plans,
and specifications that are filed for review pursuant to section 5-4-1. Plan review fees shall
be assessed in addition to the permit fee.
(b) No additional plan review fee will be assessed for a second submittal. Plan review fees for
subsequent submittals shall be: $250 for a third submittal; $500 for a fourth submittal; and
$1000 for each additional submittal.
(c) A fee shall be assessed for plan reviews resulting from revisions of permits that have
already been issued, where a new permit is not required. The fee shall be in the amount of
twenty percent of the original permit fee, or $50, whichever is greater.
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Section 5-7-2. Plan review fee for pre-approved model plans for residential dwellings.
A plan review fee shall be assessed on model plans for residential dwellings. Each unique
model plan of a residential dwelling shall be subject to a separate fee. These one-time plan
review fees shall be based on the schedule below.
PLAN REVIEW FEE FOR PRE-APPROVED MODEL PLANS
FOR RESIDENTIAL DWELLINGS
Per Unique Design)
Category Fees
A. County of Hawaii, Department of Public Works, Building $150
Division pre-approved single family dwelling with architect
or structural engineer stamp 900 s.f. - 1,100 s.f. (living area
only with one car or two car carport).
B. County of Hawaii, Department of Public Works, Building $200
Division pre-approved single-family dwelling with architect
or structural engineer stamp 1,101 s.f. - 1,400 s.f. (living
area only with one car or two car carport).
C. Dwellings over 1,401 s.f. including all single-family model $20 per 100 sq. ft.
homes with no minimum s.f. requirement. (To include all or fraction thereof
enclosed areas under roof.)
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Section 5-7-3. Permit.
(a) A fee shall be assessed for each permit. The fee shall be submitted at the time of permit
issuance. A permit shall not be valid until the fees prescribed by law have been paid, nor
shall an amendment to a permit be released until any applicable additional fee, has been
paid. {5-31.)
(b) Fee Schedule. Permit fees shall be based on a schedule of fees applied to a valuation of
average construction costs and shall be imposed in the amounts set out in the following
table: {5-31(1.))
PERMIT FEES
General Construction
Valuation Fees
$0 to $500 $10
$10 for the first$500 plus $1.50 for each
$501 to $2,000 additional $100 or fraction thereof, to and
including $2,000.
$32.50 for the first$2,000 plus $7.50 for
$2,001 to $25,000 each additional $1,000 or fraction thereof, to
and including $25,000.
$205 for the first$25,000 plus $6 for each
$25,001 to $50,000 additional $1,000 or fraction thereof, to and
including $50,000.
$50,001 and up $355 for the first$50,000 plus $3 for each
additional $1,000 or fraction thereof.
Other
Carport, garages,porches, $10 per 100 sq. ft. or fraction thereof.
patios or lanais and detached
U structures.
{5-35, Table 1-A, 9-40, 17-28. Eliminates mostfees in favor ofgeneral fee for all work.)
(c) Valuation. The determination of average construction costs shall be based upon the most
recent building valuation data published by the International Code Council, Inc., 4051 West
Flossmoor Road, Country Club Hills, IL, 60478-5795. This valuation data is based on
typical construction methods and for the purpose of determining permit fees necessary to
fund code compliance activities.
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The valuation shall consist of the total average construction cost,per square foot, of all
construction work for which the permit is issued, including all finish work,painting,
roofing, electrical,plumbing, heating, air conditioning, elevators, fire-extinguishing
systems and any other permanent work,permanent equipment, or work exempt from
permitting.
Differences in actual bids or contracts for specific construction projects and valuations
derived from International Code Council building validation data, shall not invalidate the
latter figure. {5-31(2).)
(d) Work Begun Without Permit. When work for which a permit is required by the
construction code has commenced without obtaining a permit, the fees shall be either
$1000 plus the fees specified by this code, or the fees specified by this code shall be
doubled, whichever is greater.
The payment of such fees shall not exempt any person from the requirements of the
construction code in the execution of the work or from any other penalties prescribed in
this code. {5-31(3).)
Exception:
This provision shall not apply to emergency work performed under circumstances that did
not allow time to obtain a permit per section 5-3-25. To qualify for this exception, it must
be proved to the satisfaction of the authority having jurisdiction that the unpermitted work
was urgently necessary and that it was not practical to obtain a permit therefore before the
commencement of the work. In all such cases a permit must be obtained as soon as it is
practical to do so. Any delay in obtaining a permit as soon as it is practical to do so will
subject the petitioner to enhanced fees pursuant to section 5-7-3(d). 19-41, 17-28(b).)
(e) New Permit Obtained After Expiration. Where a new permit is obtained to complete
construction of a project after expiration of permit under provisions of section 5-5-4, the
fee therefor shall be based on the valuation of one-half the amount of work remaining to be
done, provided:
(1) No change has been made or will be made in the original plans and specifications for
such work;
(2) That immediately prior to applying for this permit the work on the property has not
been abandoned or suspended for a period of more than one year; and
(3) No refund has been made under provisions of section 5-7-8.
(f) To change the designation of contractor for any phase of work,pursuant to subsection
5-5-3(c), the fee shall be $100.
(g) The County and all contractors performing work under authority of the County shall be
exempt from the requirement of paying any permit fee. {5-34(a), 9-42(1), 17-28(c).)
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(h) The following programs shall be exempt from the requirement of paying any permit fee,
except for fees imposed pursuant to subsection (d), relating to work begun without a permit
and penalty fees when required by the construction code:
(1) Habitat for Humanity - Hilo and Kona; and
(2) Hawaii Community College's Model Home Project.
15-34(b), 9-42(2), 17-28(d).)
(i) The authority having jurisdiction may waive permit fees for any person seeking to restore,
reconstruct, or replace a structure damaged or destroyed as a result of a major disaster. For
the purposes of this section, "major disaster"means any hurricane, tornado, storm, flood,
high water, tsunami, earthquake, volcanic eruption, landslide, mud slide, fire, explosion, or
other catastrophe occurring in any part of the county that causes damage, suffering, and
loss to such a degree that:
(1) The governor of the State of Hawaii has declared pursuant to chapter 209, HRS, that
a major disaster has occurred; or
(2) The mayor has issued a proclamation declaring the existence of a major disaster.
{18-6.5(b)ROK)
Section 5-7-4. Temporary permit.
A fee of$50 shall be assessed for each temporary permit. The fee shall be submitted with
the temporary permit application. A temporary permit shall not be valid until the fees prescribed
by law have been paid.
Section 5-7-5. Extra or regulatory inspections.
(a) A fee of$100 shall be assessed upon the permit holder or requestor for each extra
inspection made. As used in this section,unless the context otherwise requires, "extra
inspection"means an inspection needed because the work to be inspected was not complete
or ready for inspection during a previous inspection. 15-36(a), 9-43, 17-29(a).}
(b) A fee of$100 shall be assessed upon the requestor or property owner for each regulatory
inspection made. {5-36(b), 9-43, 17-29(b).)
(c) The authority having jurisdiction has the authority to waive inspection fees.
15-36(c), 17-29(c).}
Section 5-7-6. Temporary certificate of occupancy.
Pursuant to section 5-8-22(c) a $200 fee shall be assessed upon issuance of a temporary
certificate of occupancy.
Section 5-7-7. Fee payment.
Fees imposed pursuant to this article shall be paid to the director of finance. {9-39.)
Section 5-7-8. Refunds.
Plan review fees are non-refundable. Permit fees may be partially refunded in accordance
with section 2-12, Hawaii County Code. {5-32, 9-39.1, 17-18(g).)
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Article 8. Inspections.
Division 1. General provisions.
Section 5-8-1. General requirements.
(a) All construction or work for which a permit is required shall be inspected by the authority
having jurisdiction to ensure compliance with the requirements of the construction code.
Approval as a result of an inspection shall not be construed to approve violations of the
provisions of the construction code, or of any other laws. Inspections that either presume
to authorize violations of or to nullify the provisions of the construction code or of other
laws shall not be valid. {5-40(a), 17-24(a).)
(b) It shall be the duty of the permit holder or their agent, to cause the work to remain
accessible and exposed for inspection purposes. Neither the authority having jurisdiction
nor the County shall be liable for any expense entailed in the removal or replacement of
any material required to allow inspection of construction or work, or to survey a lot.
{5-40(b), 5-41(c), 9-9(d), 17-24(b) 17-25(c).)
(c) The authority having jurisdiction may require a survey of the lot to verify that the approved
plans accurately reflect the location of the structure. {5-40(c).)
Section 5-8-2. Work shall be visible for inspection.
(a) No person shall:
(1) Conceal, enclose, or cover or cause or permit to be concealed, enclosed, or covered,
any portion of any work or equipment for which a permit is required by the
construction code, in any manner that will interfere with or prevent the inspection and
approval thereof, or
(2) Remove any notice not to conceal, enclose or cover any portion of any work or
equipment,placed thereon by the authority having jurisdiction.
(b) No work that is subject to the permitting provisions of the construction code, shall be
covered or concealed until two working days after a scheduled inspection or until the
authority having jurisdiction has approved the installation and given permission to cover or
conceal the same. It shall be the duty of the permit holder or their agent to cause the work
to remain accessible and exposed for inspection purposes. {5-41(c), 5-40(b).)
(1) Residential Installations. In residential installation, if the permitted work is covered or
concealed without an inspection, the contractor will provide verification that the
concealed work complies with all the provisions of the construction code in a letter
stamped and signed by the professional of record who is licensed in the State of
Hawaii, as an architect or professional civil or structural engineer. Should the
authority having jurisdiction condemn any of said work or equipment as not being in
accordance with the provisions of the construction code, notice in writing to that
effect shall be given to the person doing the work authorized by the permit or posted
at the job site. {5-41(c), 9-11(c), 17-250.)
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(2) Non-Residential Installations. In non-residential installations, no framing, electrical
wiring,plumbing or mechanical ducts or equipment shall be covered or concealed
until two working days have expired after the scheduled inspection or until the
authority having jurisdiction has approved the installation, and given permission to
cover or conceal the same. If the permitted work is covered or concealed without
inspection, the contractor will provide verification that the concealed work complies
with all the provisions of the construction code. Should the authority having
jurisdiction condemn any of said work or equipment as not being in accordance with
the provisions of the construction code, notice in writing to that effect shall be given
to the person doing the work authorized by the permit or posted at the job site.
{541(c), 9-11(x), 17-25(fi.)
(c) After inspection, if the authority having jurisdiction finds that the work does not conform in
all respects with the provisions of the construction code, the work or equipment shall be
altered or removed as required, and necessary changes shall be made so that all such work
and equipment fully complies with the provisions of this code. These changes shall be
completed within a reasonable amount of time thereafter. Further work may not be
connected on or with the condemned work or equipment until these changes are made.
{5-41(d).)
(d) In default, the contractor or owner-builder shall be liable for the penalties provided in the
construction code, resulting from violations of this article. Further, any and every owner,
contractor, or other person engaged in construction of the building or structure, or
otherwise, covering or allowing to be covered such portion of work or equipment, or
removing any notice not to cover same placed thereon by the authority having jurisdiction
shall likewise be liable for the penalties provided in the construction code. {541(d), 9-
11(d), 17-25(g).)
Section 5-8-3. Requests for inspection.
(a) Whenever any work regulated by the construction code, or any portion thereof, is ready for
inspection, the person doing the work authorized by the permit shall file a request for
inspection with the authority having jurisdiction. The request for inspection may be filed in
writing via forms furnished by the authority having jurisdiction, in-person delivery, online,
or facsimile transmittal. Alternatively, a request for inspection may be communicated by
telephone, if allowed by the authority having jurisdiction. {5-41(a), 17-25(a), 17-25(d).)
(b) It shall be the duty of the person doing the work authorized by the permit, to make sure that
the work will stand the tests prescribed elsewhere in the construction code, before filing a
request for inspection. {17-25(b).)
(c) The request for inspection shall be filed with the authority having jurisdiction not less than
two working days and not more than three working days before any such inspection is
desired. {541(a), 9-11(a), 17-25(a) & (d).)
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(d) Within two working days after receipt of such request, not including weekends or holidays,
the authority having jurisdiction shall either proceed with the inspection or arrange with the
contractor to reschedule the inspection for a later date. This rescheduled inspection may
take place beyond two working days after receipt of the request for inspection.
{541(b), 9-11(b), 17-25(e).)
Section 5-8-4. Inspections.
(a) The authority having jurisdiction, upon receipt of a request for an inspection from the
permit holder or their agent, shall inspect the work as provided in this section and shall
either approve that portion of the construction as completed or notify the permit holder or
the permit holder's agent if the same fails to comply with the construction code.
(b) Building work for which a permit is required, shall be inspected by the authority having
jurisdiction to ensure compliance with the requirements of this chapter and specifically,
chapter 5A, the commercial building code. Inspections shall be conducted in accordance
with the following:
(1) During inspections the contractor shall be present on the job site upon request of the
authority having jurisdiction.
(2) Footing and foundation inspections shall be made after excavations for footings are
complete and any required reinforcing steel is in place. For concrete foundations, any
required forms shall be in place prior to inspection. Materials for the foundation shall
be on the job, except where concrete is ready mixed in accordance with ASTM C 94,
the concrete need not be on the job. {542(1).)
(3) Concrete slab and under-floor inspections shall be made after in-slab or under-floor
reinforcing steel and building service equipment, conduit, termite spray, vapor
barriers,piping accessories and other ancillary equipment items are in place, but
before any concrete is placed or floor sheathing installed, including the subfloor.
{5-42(2).)
(4) Framing inspections shall be made after the roof deck or sheathing, all framing,
fireblocking and bracing are in place and pipes, chimneys and vents to be concealed
are complete and the rough electrical,plumbing, heating wires,pipes and ducts are
approved. {542(3).)
(5) Insulation inspections as required shall be made after the framing inspection and
before the lathing inspection.
(6) Lathing inspections shall be made after all lathing and gypsum board, interior and
exterior, and which are required to be fire-resistive are in place but before any
plastering is applied or before gypsum board joints and fasteners are taped and
finished.
Exception:
Lath and gypsum board installed in Group R, Division 3 and Group U Occupancies.
{5-42(4).)
(c) Electrical wiring for which a permit is required, shall be inspected by the authority having
jurisdiction to ensure compliance with the requirements of chapter 5D, the electrical code,
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before being concealed, energized, or used. All fees required by the construction code shall
be paid by the permit applicant prior to the energizing or use of such wiring. {9-9(a).)
Inspections shall be conducted in accordance with the following:
(1) The supervising electrician or electrical contractor shall be present on the job site
upon request of the authority having jurisdiction. {9-9(g).)
(2) No person shall use, operate, or maintain, or cause or authorize to be used, operated,
or maintained, any electric wiring until it is approved. {9-9(b).)
(3) No serving agency shall supply or cause or authorize to be supplied,permanent
electric energy to any electric service until the service has been inspected and
approved by the authority having jurisdiction. {9-9(c).)
(4) Fixtures, appliances, devices, or equipment shall not be connected to any electric
wiring until the rough electric wiring, including conductors, have been inspected and
approved by the authority having jurisdiction. {9-9(e).)
(5) All obstructions, covers,plates, tapes, light fixtures, etc., that make a thorough
inspection of electric wiring impracticable shall be removed upon notice (either
verbal or in writing)to do so, and shall remain removed until the electric wiring has
been inspected and approved. {9-90.)
(6) Permanent electrical service must be energized prior to requesting an electrical final
inspection pursuant to section 5-8-5.
(d) Plumbing, gas, and drainage systems for which a permit is required, shall be inspected by
the authority having jurisdiction to ensure compliance with the requirements of the
construction code and specifically chapter 517, the plumbing code. All fees required by this
code shall be paid by the permit applicant prior to the use of the plumbing system.
Inspections shall be conducted in accordance with the following:
(1) During inspections the supervising plumber or plumbing contractor shall be present
on the job site upon request of the authority having jurisdiction.
(2) No person shall use, operate, or maintain, or cause or authorize to be used, operated,
or maintained, any plumbing system until it is approved.
(3) Fixtures, appliances, devices, or equipment shall not be connected to any plumbing
system until the rough piping has been inspected and approved by the authority
having jurisdiction.
(4) All obstructions, covers,plates, tapes, light fixtures, etc., that make a thorough
inspection of the plumbing system impracticable shall be removed upon notice (either
verbal or in writing)to do so, and shall remain removed until the plumbing system
has been inspected and approved.
(e) Authority to proceed.
After inspection, if the authority having jurisdiction finds that the work conforms in all
respects with the provisions of the construction code, a notice granting authority to proceed
with the work shall be given. {5-41(b), 17-25(e).)
(f) After inspection, if the authority having jurisdiction finds that the work does not conform in
all respects with the provisions of the construction code, the work or equipment shall be
altered or removed as required, and necessary changes shall be made so that all such work
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and equipment fully complies with the provisions of this code. These changes shall be
completed within a reasonable amount of time thereafter. Further work may not be
connected on or with the condemned work or equipment until these changes are made.
{5-41(d).)
(g) The authority having jurisdiction may request that at least one side of the enclosed walls of
unpermitted structures be open, prior to inspection.
Section 5-8-5. Final inspection.
(a) The final inspection shall be made after all work required by the permit is completed.
{543, 9-12(a).)
(b) A certificate of inspection may be issued upon request by the contractor on record,
provided all fees required by the construction code have been satisfied. {9-12(b).)
Section 5-8-6. Special inspection.
(a) When application is made for a permit as described in article 4 of this chapter, the owner or
person who is licensed in the State of Hawaii as an architect or professional engineer who
is acting as the owner's agent, shall employ one or more special inspectors to provide
inspections during construction on the types of work listed under chapter 17 of the
International Building Code. The special inspector shall be a qualified person who shall
demonstrate competence, to the satisfaction of the authority having jurisdiction, to inspect
the particular type of construction or operation requiring special inspection.
(b) These inspections are required in addition to the inspections specified in sections 5-8-4 and
5-8-5 and shall be designated on the form provided by the authority having jurisdiction.
{544, HCC and 1704.2, IBC.)
Section 5-8-7. Regulatory inspection.
The authority having jurisdiction may conduct regulatory inspections, upon request and
after receipt of payment of the appropriate fee pursuant to article 7.
Division 2. Authorization for service; certificate of occupancy.
Section 5-8-21. Permanent electrical service.
Permanent electrical service shall be authorized by the authority having jurisdiction upon
completion of the following requirements:
(1) All permanent service equipment shall be inspected by the authority having
jurisdiction; {9-13(1).)
(2) For non-residential installations, all rooms containing permanent service equipment
shall be completed and securable by means of a temporary or permanent door and
lock system; {9-13(2).)
(3) For residential installations,permanent service equipment shall be installed on
permanent buildings, meter poles or meter pedestals with provisions for locking out
the main service disconnects; and {9-13(3).)
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(4) The electrical contractor shall be responsible and in control of all permanent power
access and usage. {9-13(4).)
Section 5-8-22. Certificate of occupancy.
(a) Certificate of occupancy requirement. No building or structure shall be used or occupied,
and no change in the existing occupancy classification of a building or structure or portion
thereof shall be made until the authority having jurisdiction has issued a certificate of
occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be
construed as an approval of a violation of the construction code or other applicable law.
Exception:
Group R, Division 3, and Group U occupancies will not be issued a certificate of
occupancy. {5-45(a).)
(b) Certificate issuance. If the authority having jurisdiction inspects the building or structure
and finds that the work complies with the provisions of the construction code, the authority
having jurisdiction shall issue a certificate of occupancy. The certificate of occupancy
shall contain the following:
(1) The permit number;
(2) The address of the structure;
(3) The name and address of the owner;
(4) A description of that portion of the structure for which the certificate is issued;
(5) A statement that the described portion of the structure has been inspected for
compliance with the requirements of the construction code for the occupancy and
division of occupancy and the use for which the proposed occupancy is classified;
(6) The name of the authority having jurisdiction;
(7) The edition of the code under which the permit was issued;
(8) The use and occupancy, in accordance with the provisions of chapter 3 of the
International Building Code;
(9) The type of construction as defined in chapter 6 of the International Building Code;
(10) The design occupant load(s);
(11) If an automatic sprinkler system is provided, whether the sprinkler system is required;
and
(12) Any special stipulations and conditions of the permit.
{5-45(b).)
(c) Temporary certificate. Upon request by the applicant, the authority having jurisdiction
may issue a temporary certificate of occupancy, that authorizes occupancy of a portion of
the building or structure before the completion of all work covered by the permit. A
temporary certificate of occupancy may be issued only if the designated portion or portions
to be occupied may be occupied safely. The authority having jurisdiction shall set a time
period during which the temporary certificate of occupancy is valid. An administrative fee
of$200 shall be applied per section 5-7-6. {5-45(c).)
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(d) Revocation. The authority having jurisdiction shall suspend or revoke a certificate of
occupancy or completion issued pursuant to the construction code:
(1) Wherever the certificate is issued either in error, or on the basis of incorrect
information supplied, or both; or
(2) Where it is determined that the building or structure or portion thereof is in violation
of the construction code or other applicable law.
Such suspension or revocation shall be transmitted in writing. {5-45(d).)
Article 9. Unsafe Buildings or Structures.
Section 5-9-1. Unsafe buildings or structures; public nuisances.
Buildings or structures which are substandard, structurally unsafe, or are otherwise
dangerous or hazardous to human life, or which in relation to existing use constitute a hazard to
safety, health or public welfare by reason of inadequate maintenance, dilapidation to the state of
falling into decay or partial ruin, fire hazard, insanitary condition, defective installation,
abandonment where a vacant structure that is not secured against entry, or as specified in the
construction code are unsafe buildings. All such unsafe buildings or structures are hereby
declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, removal,
or other methods approved by the authority having jurisdiction in accordance with the procedure
specified in this article. {115.1, IBC. Replaces 5-48 and 5-49.)
Section 5-9-2. Substandard.
Any building or portion thereof in which there exists any of the following listed conditions
to an extent that it endangers the life, limb, health,property, safety or welfare of the public or the
occupants thereof or violates applicable laws, rules, or standards, shall be deemed and hereby is
declared to be a substandard building. Conditions that are declared to be substandard include but
are not limited to:
(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 in R-1
Occupancies.
(3) Lack of, or improper kitchen sink in a habitable building.
(4) Lack of hot and cold water to basins, sinks, tubs and showers in R-1 Occupancies.
(5) Lack of hot and cold water to basins, sinks, tubs and showers 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 ventilation required by the
construction code.
(8) Room area or space dimensions less than the required minimum required by the
construction code.
(9) Lack of required lighting or ventilation.
(10) Dampness of habitable rooms as determined by the department of health.
(11) Infestations of insects, vermin, or rodents as determined by the department of health.
(12) General dilapidation or improper maintenance.
(13) Lack of connection to a required sewage disposal system.
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(14) Lack of adequate garbage and rubbish storage and removal facilities as determined by
the department of health. {5-48(1).)
Section 5-9-3. Structurally unsafe.
Any building, structure, or portion thereof in which there exists any of the following listed
conditions to an extent that it endangers the life, limb, health,property, safety or welfare of the
public or the occupants thereof or violates applicable laws, rules, or standards, shall be deemed
and hereby is declared to be a structurally unsafe building or structure. Conditions that are
declared to be structurally unsafe include but are not limited to:
(1) Deteriorated or inadequate foundations.
(2) Defective or deteriorating 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 ceiling, 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 safely.
(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. {5-48(2).)
Section 5-9-4. Dangerous or hazardous.
Any building, structure, or portion thereof in which there exists any of the following listed
conditions to an extent that it endangers the life, limb, health,property, safety or welfare of the
public or the occupants thereof or violates applicable laws, rules, or standards, shall be deemed
and hereby is declared to be a dangerous or hazardous building or structure. Conditions that fall
within this category include but are not limited to:
(1) Presence of anuisance including:
(A) Any public nuisance known in common law or in equity jurisprudence.
(B) Any attractive nuisance which may prove detrimental to children whether in a
building or on the premises of a building. This includes any unfenced man-
made swimming pools, abandoned wells, shafts, or basements; any structurally
unsound fences; and any debris or vegetation affecting the structural stability of
structures.
(C) Whatever is dangerous to human life or is detrimental to health, as determined
by the department of health.
(D) Exceeding the occupant load of a room by overcrowding a room with
occupants.
(E) Insufficient lighting or ventilation.
(F) Inadequate or insanitary sewage or plumbing facilities.
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"Insanitary" means a condition which is contrary to sanitary principles or is
injurious to health. Conditions to which "insanitary" shall apply include, but
are not limited to, the following:
(i) Any trap which does not maintain a proper trap seal.
(ii) Any opening in a drainage system, except where lawful, which is not
provided with an approved water-sealed trap.
(iii) Any plumbing fixture or other waste discharging receptacle or device,
which is not supplied with water sufficient to flush it and maintain it in a
clean condition.
(iv) Any defective fixture, trap,pipe, or fitting.
(v) Any trap directly connected to a drainage system, the seal of which is not
protected against siphonage and back-pressure by a vent pipe, unless
otherwise allowed by the construction code.
(vi) Any connection, cross-connection, construction or condition, temporary or
permanent, which would permit or make possible by any means
whatsoever, for any unapproved foreign matter to enter a water
distribution system used for domestic purposes.
(vii) The foregoing enumeration of conditions to which the term "insanitary"
shall apply, shall not preclude the application of that term to conditions
that are, in fact, insanitary.
(G) Uncleanliness, as determined by the department of health.
(H) Whatever renders air, food, or drink unwholesome or detrimental to the health
of human beings, as determined by the department of health. {(A)-(E) & (G)-
(H) source: 5-48(3).)
(2) Faulty weather protection, which shall include but not be limited to, the following:
(A) Deteriorating, crumbling, or loose plaster.
(B) Deteriorating or ineffective waterproofing of exterior walls, roof, foundations,
or floors, including broken windows or doors.
(C) Defective or lack of weather protection for exterior wall covering, including
lack of paint, weathering due to lack of paint or other approved protective
covering.
(D) Broken, rotted, split or buckled exterior wall covering or roof coverings.
{5-48(4).)
(3) Inadequate maintenance. Any building or portion thereof which is determined to be
an unsafe building in accordance with the construction code or other applicable laws
or standards. {548(5).)
(4) Inadequate exits. All buildings or portions thereof not provided with adequate exit
facilities as required by chapter 5A, the commercial building code, except those
buildings or portions thereof whose exit facilities conformed with all applicable laws
at the time of its construction and which have been adequately maintained. When an
unsafe condition exists through lack of, or improper location of exits, additional exits
may be required to be installed. {548(6).)
(5) Any building or portion thereof that is not being occupied or used as intended or
permitted. {548(7).)
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(6) Any electrical installation installed, altered, changed, or reconstructed contrary to the
provisions of the construction code or other applicable law. {9-10.)
(7) Any electrical installation, that complied with the existing laws, and standards in
effect when the electrical work was performed, that is now found to be unsafe or
dangerous to persons or property. {9-10.)
Section 5-9-5. Inspection.
The authority having jurisdiction shall inspect or cause to be inspected every building,
structure, or portion thereof, including electrical and plumbing work, reported as or appearing to
the authority having jurisdiction to be substandard, structurally unsafe, dangerous or hazardous.
{5-50.)
Section 5-9-6. Found to be unsafe; notice and order.
(a) If upon inspection, the building, structure,portion thereof, or installation is found to be
unsafe as defined in this article, the authority having jurisdiction shall serve a written notice
of violation stating the defects thereof and an accompanying order, upon the parties
responsible for the violation. At a minimum, the owner of the unsafe building, structure,
portion thereof, or installation shall be deemed to be a responsible party. Additional
responsible parties may include, but shall not be limited to any lessee or tenant of the
building, structure, or portion thereof, and the owner of the property where the building,
structure, or portion thereof, or installation is located. The notice and order shall be
addressed to the responsible party and shall specify the date or time for compliance with
such order. {17-37(b).)
(b) Failure, neglect, or refusal to comply with any such notice and order shall be considered a
violation of the construction code. {17-37(c).)
(c) The notice and order may require the responsible parry:
(1) To commence within forty-eight hours, either the required repairs or improvements
to, or demolition and removal of the building, structure, or portions thereof. All such
work shall be completed within ninety days from the date of notice, unless otherwise
required by the authority having jurisdiction; or
(2) To vacate, or have vacated, the building, structure, or portion thereof immediately and
not reoccupy it until the required repairs and improvements are completed, inspected,
and approved by the authority having jurisdiction. {5-51(b))
(d) When an electrical installation is found to be unsafe or dangerous to persons or property,
the defective installation shall be disconnected from the power source and tagged as unsafe
to operate and the authority having jurisdiction may require other corrections as set forth in
the order. {9-10.)
(e) In the case of any gas piping or gas appliance, the authority having jurisdiction may order
any person supplying gas to such piping or appliance, to discontinue supplying gas thereto,
until such piping or appliance is made safe with respect to life, health, or property.
{17-37(b).)
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(f) When any plumbing system is maintained in violation of the construction code and in
violation of any notice and order issued pursuant to the provisions of this section, or where
a nuisance exists in any building or on a site on which a building is situated, the authority
having jurisdiction may institute an appropriate action or proceeding in any court of
competent jurisdiction to prevent, restrain, correct, or abate the violation or nuisance.
{17-37(d).)
(g) Service of such notice of violation and order shall be by personal service, certified mail by
posting a copy of the notice of violation and order at the site of the violation, or by
publication. Service by publication shall be effected through publication once a week for
two consecutive weeks, in a daily publication in the County pursuant to section 1-28.5,
Hawaii Revised Statutes. {115.2, IBC. Replaces 5-50 and 5-51(a) & (b). 2 extra days
after service by mail added to new sec 5-1-8.)
Section 5-9-7. Posting of signs.
The authority having jurisdiction shall post at each entrance to buildings ordered vacated or
at other visible locations on the property if access to the building is a hardship, a notice to read:
"DO NOT ENTER. UNSAFE TO OCCUPY." 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 authority having jurisdiction, and no person shall enter the building except for
the purpose of making the required repairs or of demolishing the building.
In the event of a major natural disaster, the authority having jurisdiction may post
"Restricted Use" or"Unsafe"placards at each entrance to a building or on the property if an
inspection warrants such posting. Entry or occupancy in a building or portion of a building
posted with a"Restricted Use"placard shall be limited to the restrictions stated on the placard.
No entry is permitted in a building or portion of a building posted "Unsafe."Placards shall not be
removed or altered unless authorized by the authority having jurisdiction.
{115.3, IBC. Replaces 5-51(a) & (c), 5-52.)
Section 5-9-8. Action upon noncompliance.
Nothing contained herein shall be construed to limit or restrict the authority having
jurisdiction from instituting, on behalf of the County, any 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 the building, structure, or portion thereof, or installation, and to recover
the cost of such work from the owner or attach a lien to the property. The remedies provided in
the construction code shall be cumulative and not exclusive. {IBC 115.4, IBC. Replaces 5-53
and 5-54.)
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Article 10. Violations, Penalties, and Enforcement.
Section 5-10-1. Violations.
It shall constitute a violation of the construction code for any person to cause or authorize
the following to be done:
(1) Violate any provision of the construction code or permit or variance issued pursuant
to the construction code; {5-58(b), 9-16.1(a) & (b).)
(2) Erect, construct, enlarge, alter, repair, relocate, improve, remove, convert or
demolish, equip, use, occupy, or maintain any building or structure, or cause or
authorize the same to be done in violation of the construction code, including but not
limited to chapter 5A, the commercial building code; {5-59(a).
(3) Perform any electrical work or authorize the same to be done in violation of the
construction code, including but not limited to chapter 5D, the electrical code; or
(4) Perform any plumbing work or authorize the same to be done in violation of the
construction code, including but not limited to chapter 517, the plumbing code; or
(5) Perform any work covered by the construction code or authorize the same to be done
in violation of the provisions of chapter 448E, Hawaii Revised Statutes, relating to
the licensing of electricians and plumbers.
Section 5-10-2. Administrative enforcement.
(a) In lieu of, or in addition to other enforcement actions initiated pursuant to the construction
code, whenever the authority having jurisdiction determines that any person has violated or
is violating this code or any permit or variance issued pursuant to this code, the authority
having jurisdiction shall serve a written notice of violation and order upon the parties
responsible for the violation. At a minimum, the owner of the property where the violation
is located shall be deemed to be a responsible party. Additional responsible parties may
include, but shall not be limited to, any lessee or tenant, or both, of the property where the
violation is located.
(b) The notice of violation shall include at a minimum, the following information:
(1) Date of the notice; {9-16.2(a)(1), 17-33(1).)
(2) Name and address of the party noticed; {9-16.2(a)(2), 17-33(2).)
(3) Section number or citation of the law, standard,permit, or variance that was violated;
{9-16.2(a)(3), 17-33(3).)
(4) Nature of the violation; {9-16.2(a)(4), 17-33(4).)
(5) Location, date, and time of the violation; and {9-16.2(a)(2), 17-33(2).)
(6) The deadline to correct the violation or provide the authority having jurisdiction with
periodic progress reports detailing corrective measures taken to correct the violation
by specified deadlines. 19-16.2(a)(5), 17-33(5).)
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(c) The order may require the party responsible for the violation to do any or all of the
following: {5-60(b).)
(1) Cease and desist from the violation, including but not limited to, immediately
stopping all work whether for failure to obtain a required permit or for violation of
the requirements of any permit or variance issued pursuant to the construction code;
(2) Correct the violation, at the party's own expense, before a date specified in the order;
{5-60(b)(1)(A).)
(3) Provide the authority having jurisdiction with periodic progress reports detailing
corrective measures taken to correct the violation by specified deadlines;
(4) Pay a civil fine not to exceed $1,000 in the manner, at the place and before the date
specified in the order; or {5-60(b)(1)(B).)
(5) Pay a civil fine not to exceed $1,000 per day for each day in which the violation
persists, in the manner and at the time and place specified in the order.
{5-60(b)(1)(C).)
(d) The order shall advise the party responsible for the violation that:
(1) The order shall become final thirty days after the date of delivery; and
(2) The order may be appealed to the board of appeals, which must receive the appeal in
writing on or before the date the order becomes final. An appeal to the board of
appeals shall not stay any provision of the order.
(e) Effect of order; right to appeal.
(1) The order is effective upon delivery and the party responsible for the violation is
required to comply with the order from the date that they receive notice of the order.
(2) The order shall become final thirty days after the date of delivery. The order may be
appealed to the board of appeals. An appeal of the order must be received in writing
by the board of appeals on or before the date the order becomes final. An appeal to
the board of appeals shall not stay any provision of the order. {5-60(b)(2).)
(f) Service.
The party responsible for the violation shall be served with the notice of violation and
order. Service shall be by personal service, certified mail, by posting a copy of the notice
of violation and order at the site of the violation, or by publication. Service by publication
shall be effected through publication once a week for two consecutive weeks, in a daily
publication in the County pursuant to section 1-28.5, Hawaii Revised Statutes.
{9-16.2(b).)
(g) Judicial enforcement of order.
The authority having jurisdiction may institute a civil action in any court of competent
jurisdiction for the enforcement of any final order issued pursuant to this article. Where the
civil action has been instituted to enforce the civil fine, recover County costs, or both, as
imposed by such final order, the authority having jurisdiction need only show that:
(1) The notice of violation and order were served;
(2) A civil fine, County costs, or both were imposed;
(3) The amount of the civil fine, County costs, or both that were imposed; and
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(4) The fine, County costs, or both have not been paid. {5-60(d).)
Section 5-10-3. Criminal prosecution.
(a) In case the parties responsible for violating any provisions of the construction code fail,
neglect, or refuse to comply or correct a violation, the authority having jurisdiction may
submit the matter to the proper authority for penal enforcement. {5-61(C).)
(b) Any person violating any of the provisions of the construction code shall, upon conviction,
be deemed guilty of a petty misdemeanor. Further, each person so convicted shall be
deemed guilty of a separate offense for each and every day or portion thereof during which
any violation of the provisions of the construction code is committed, continued, or
permitted. Upon conviction of any violation, such person shall be punishable by a fine of
not more than $1,000, or by imprisonment for not more than thirty days, or by both fine
and imprisonment. {5-61(c), 9-16.4(a), 17-35(a).)
(c) Procedure on arrest.
Any authorized personnel designated by the authority having jurisdiction, who have been
deputized by the chief of police as a special officer for the purpose of enforcing the
provisions of the construction code, may arrest without warrant alleged violators by issuing
a summons or citation in accordance with section 803-6, Hawaii Revised Statutes, and the
procedure specified in this section. Nothing in this section shall be construed as barring the
initiation of prosecution by warrant or such other judicial process as permitted by statute or
rule of court. {5-61(d), 9-16.4(b), 17-35(b).)
(d) Upon making an arrest for a violation of the construction code, any authorized personnel
designated by the authority having jurisdiction may take the name and address of the
alleged violator and shall issue to the alleged violator in writing a summons or citation.
The summons or citation shall notify the alleged violator to answer the complaint to be
entered against the alleged violator at a place and at a time provided in the summons or
citation. {5-61(e), 9-16.4(c), 17-35(c).)
(e) Summons or citation.
(1) There shall be provided for use by authorized personnel a form of summons or
citation for use in citing alleged violators of the construction code that does not
mandate the physical arrest of such alleged violators. The form and content of such
summons or citation shall be as adopted or prescribed by the administrative judge of
the district court and shall be printed on a form commensurate with the form of other
summonses or citations used in modern methods of arrest, so designed to include all
necessary information to make the same valid within the applicable laws of the State
of Hawaii and the County of Hawaii. {5-61(fi, 9-16.4(d), 17-35(d).)
(2) In every case when a citation is issued, the original of the same shall be given to the
alleged violator,provided that the administrative judge of the district court may
prescribe the giving to the alleged violator of a copy of the citation and provide for
the disposition of the original and any other copies. {5-61(g), 9-16.4(e), 17-35(e).)
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(3) Every citation shall be consecutively numbered and each copy shall bear the number
of its respective original. {5-61(h), 9-16.40, 17-35(fi.)
(f) The provisions of this section are in addition to any other applicable remedy or penalty
provided bylaw. {5-61(a).)
Section 5-10-4. Injunctive action.
The authority having jurisdiction may maintain an action for an injunction to restrain or
remedy any violation of the provisions of the construction code and may take any other lawful
action to prevent or remedy any violation. {5-62, 9-16.5, 17-36.)
Section 5-10-5. Remedies cumulative.
The remedies provided in the construction code shall be cumulative and not exclusive.
{17-38.)
Article 11. Variances and Appeals.
Section 5-11-1. Variances.
Whenever strict application of any provision of the construction code, except for the
provisions relating to materials, methods of construction, equipment, fixtures, devices, or
appliances, would result in practical difficulty or unnecessary hardship that would deprive the
owner of the reasonable use of the land or building involved, the owner may petition the board of
appeals for a variance from the provision. In granting a variance, the board of appeals shall
prescribe any conditions that it deems to be necessary or desirable. No variance from the strict
application of the construction code shall be granted by the board of appeals unless it finds all of
the following:
(1) That there are special circumstances or conditions applying to the land or building for
which the variance is sought, which circumstances or conditions are peculiar to such
land or building and do not apply generally to lands or buildings in the neighborhood
or surrounding property, and that the circumstances or conditions are such that the
strict application of the provisions of the construction code would deprive the
applicant of the reasonable use of the land or building;
(2) That the granting of the variance is necessary for the reasonable use of the land or
building and that the variance granted is the minimum variance that will accomplish
this purpose; and
(3) That the granting of the variance will be consistent with the intent and purpose of the
construction code, will not be injurious to persons or property, will not create
additional fire hazards, and will not be detrimental to the public welfare. In making
its determination, the board of appeals shall take into account the character, use and
type of occupancy and construction of adjoining buildings, buildings on adjoining
lots, and the building or land involved.
{5-65, 9-17, 17-41.)
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Section 5-11-2. Appeals regarding alternative materials, design, and methods of
construction.
Any person denied the use of new or alternative materials, design, methods of construction,
equipment, fixtures, devices, or appliances by the authority having jurisdiction, may, within
thirty days after the authority having jurisdiction's decision, appeal the decision to the board of
appeals. In considering an appeal, the board may require any reasonable test of the proposed
material, design, method of construction, equipment, fixture, device, or appliance, and the
appellant shall pay all expenses necessary for the test. The board of appeals may reverse the
authority having jurisdiction's decision if it finds:
(1) That the new or alternative material, design, method of construction, equipment,
fixture, device, or appliance meets standards established by the construction code;
(2) That permitting the requested use will not jeopardize the safety of persons or
property; and
(3) That the requested use will not be contrary to the intent and purpose of the
construction code.
{5-66, 9-18, 17-42.)
Section 5-11-3. Other appeals.
Any person aggrieved by the decision of the authority having jurisdiction in the
administration or application of the construction code, other than that prescribed in sections 5-
11-1 and 5-11-2, may, within thirty days after the date of the authority having jurisdiction's
decision, appeal the decision to the board of appeals. The board of appeals may affirm the
decision of the authority having jurisdiction, or it may reverse or modify the decision if the
decision is:
(1) In violation of the construction code or other applicable law;
(2) Clearly erroneous in view of the reliable,probative, and substantial evidence on the
whole record; or
(3) Arbitrary, or capricious, or characterized by an abuse of discretion or clearly
unwarranted exercise of discretion.
{5-67, 9-19, 17-43.)
Section 5-11-4. Rules; Adoption by the board of appeals.
The board of appeals shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes,
necessary for the purposes of this article."
{5-68, 9-20, 17-44.)
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SECTION 4. The Hawaii County Code 1983 (2016 Edition, as amended) is amended
by adding a new chapter, relating to the building code, to be designated chapter 5A, and to read
as follows:
"CHAPTER 5A. COMMERCIAL BUILDING CODE.
Article 1. General Provisions.
Section 5A-1-1. Title.
This chapter shall be known as the "commercial building code." {5-1.)
Section 5A-1-2. Purpose.
The purpose of this chapter is to provide minimum standards to safeguard life or limb,
health,property and public welfare by regulating and controlling the design, construction, quality
of materials, use and occupancy, location and maintenance of all buildings and structures within
the County and certain equipment specifically regulated herein. {5-1(b).)
Section 5A-1-3. Scope; exceptions.
This chapter shall apply to the design, construction, alteration, relocation, enlargement,
replacement, repair, equipment, use and occupancy, location, maintenance, removal and
demolition of every building or structure or any appurtenances connected or attached to such
buildings or structures within the County inland of the shoreline high-water line. Exceptions to
these minimum requirements are listed below: {5-2, SBC.)
This chapter shall not apply to:
(1) Work or installations not covered by the International Building Code, 2006 Edition,
as adopted and amended by the State Building Code, chapter 180, title 3 Hawaii
Administrative Rules; {5-3, SBC.)
(2) Work on buildings or premises owned by or under the direct control of the Federal
government;
(3) Work in public State or County road right-of-ways for utility installations, street
lighting, traffic signals,police and fire alarms, bridges,poles, hydraulic flood control
structures, and mechanical equipment not specifically regulated in this code where
installed: {5-2.)
(A) Outside the proposed premises or boundary lines in a subdivision under
development; or
(B) In an approved subdivision, where the work is in planned or actual roadways or
other common infrastructure areas; {9-3(3).)
(4) Pursuant to section 448E-13, Hawaii Revised Statutes, work by employees of a
public utility within the State under a franchise or charter granted by the State which
is regulated by the public utilities commission and community antennae television
company, while so employed; {9-3(2).)
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(5) Agricultural buildings, structures, and appurtenances without electrical power and
plumbing systems are exempt from permit and construction code requirements,
pursuant to section 46-88, Hawaii Revised Statutes, except as otherwise provided for
in this construction code. No electrical power shall be connected to a building or
structure without first obtaining a permit for the electrical work.
Section 5A-1-4. Administrative provisions.
Provisions relating to permitting, enforcement, inspection, and other administrative
procedures pertaining to this chapter are contained in chapter 5, the construction administrative
code.
Section 5A-1-5. Existing buildings.
(a) Permitted buildings in existence at the time of the adoption of this chapter may have their
existing permitted use or occupancy continued if such use or occupancy was legal at the
time of the adoption of this chapter,provided such continued use does not constitute a
hazard to the general safety and welfare of the occupants and the public. {5-6(a), 3-180-10
SBC.)
(b) Alteration, repair, addition, and change of occupancy. Alteration, repair, addition, and
change of occupancy to a building or structure in existence at the time of the adoption of
this chapter shall comply with the requirements of chapter 34 of the International Building
Code, relating to existing structures, until the adoption by the County of the International
Existing Building Code. {5-6(b).)
Section 5A-1-6. Definitions.
As used in this chapter, unless it is apparent from the context that a different meaning is
intended:
"Accessory structure" means a structure not greater than 3,000 square feet(279 m') in
floor area, and not over two stories in height, the use of which is customarily accessory to and
incidental to that of the dwelling and which is located on the same lot.
"Agricultural building"means a development, including a nonresidential building or
structure, built for agricultural or aquacultural purposes, located on a commercial farm or ranch
constructed or installed to house farm or ranch implements, agricultural or aquacultural feeds or
supplies, livestock,poultry, or other agricultural or aquacultural products, used in or necessary
for the operation of the farm or ranch, or for the processing and selling of farm or ranch products.
An agricultural building for personal use shall be excluded from this definition. {46-88(d),
HRS.)
"Authority having jurisdiction"means the director of the department of public works, or
the director's authorized representative.
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"Building work" means the design, construction, alteration, relocation, enlargement,
replacement, repair, removal, demolition of any building or structure, or any other activities
regulated by this chapter. {5-19(a).)
"Chapter"means this chapter. {SBC.)
"This code"means the building code, contained in chapter 5A, or the construction
administrative code, contained in chapter 5, or both, as the context requires.
"Construction code" means collectively: chapter 5, the construction administrative code;
chapter 5A, the commercial building code; chapter 5D, the electrical code; chapter 5E, the
energy conservation code; chapter 517, the plumbing code; and all administrative rules adopted
pursuant to these chapters.
"Dwelling"means any building that contains one or two dwelling units used, intended, or
designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for
living purposes. {202, IBC.)
"IBC" means the ICC, International Building Code, 2006 Edition, as copyrighted by the
International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL, 60478-
5795. {SBC.)
"ICC"means the International Code Council. {SBC.)
"Owner-builder"means owners or lessees of property who build or improve buildings or
structures on their property for their own use, or for use by their immediate family. This
definition shall not preempt owner-builder by exemption as defined by section 444-2.5, Hawaii
Revised Statutes. 15-4, HCC and 444-2.5, HRS.)
"Permit" means a formal authorization issued by the authority having jurisdiction that
authorizes performance of specified work,pursuant to the construction code, including the
following chapters and all administrative rules adopted pursuant to these chapters:
(1) 5, the construction administrative code;
(2) 5A, the commercial building code;
(3) 5D, the electrical code;
(4) 5E, the energy conservation code; and
(5) 517, the plumbing code.
"Person" means any individual, firm,partnership, association, or corporation; or its or their
successors or assigns, according to the context thereof. {9-5.)
"Section"means a section of a chapter of the International Building Code. {SBC.)
"Table"means a table in this chapter. {SBC.)
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Section 5A-1-7. Compliance required.
(a) No person shall perform or cause to be performed any building work which does not
comply with the provisions of this code or any permit issued pursuant to this code.
(b) No person shall perform any work covered by this code in violation of the provisions of
chapters 444 or 448E, Hawaii Revised Statutes. {9-15(b).)
(c) Any approval or permit issued pursuant to the provisions of this code shall comply with all
applicable requirements of this code. {5-12.)
(d) The granting of a permit, variance, or approval of plans or specifications pursuant to this
code does not dispense with the necessity to comply with any applicable law to which a
permit holder may also be subject. {5-12.)
Section 5A-1-8. Conflict.
(a) If any provisions of this code conflict with or contravene provisions of the Hawaii State
Building Code or the International Building Code that have been incorporated by reference,
the provisions of this code shall prevail as to all matters and questions arising out of the
subject matter of such provisions. {5-5.)
(b) In situations where two or more provisions of this code and any applicable law, other than
those provided for in subsection (a), cover the same subject matter, the stricter shall be
complied with. {5-12(8).)
Article 2. Installation Requirements.
Section 5A-2-1. International building code adopted.
(a) The International Building Code, 2006 Edition as published by the International Code
Council, Incorporated, 4051 West Flossmoor Road, Country Club Hills, IL 60478,
including appendices, is incorporated by reference and made a part of this code, subject to
any amendments hereinafter set forth in this chapter.
(b) The scope, technical specifications, and exemptions set forth in the International Building
Code, 2006 Edition, are hereby adopted as the standard for building work covered by this
code, provided there are no specific provisions in any other section of this code covering
the particular matter.
(c) A copy of the International Building Code, 2006 Edition, shall be available for public
inspection at the Hilo and Kailua-Kona offices of the department of public works and at the
office of the County clerk. {5-3(a).)
(d) The International Building Code, 2006 Edition, adopted and incorporated by reference into
this code as provided in section 5-3 of this chapter, shall be subject to the amendments
hereinafter set forth.
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(1) Amending Section 202. Section 202 is amended by adding the following definitions:
"BUILDING. A building is any structure used or intended for
supporting any use or occupancy. The term shall include but not be
limited to any structure mounted on wheels such as a trailer, wagon
or vehicle which is parked and stationary for any 24-hour period,
and is used for business or living purposes;provided, however, that
the term shall not include a push cart or push wagon which is readily
movable and which does not exceed 25 square feet in area, nor shall
the term include a trailer or vehicle, used exclusively for the purpose
of selling any commercial product therefrom, which hold a vehicle
license and actually travels on public or private streets.
BUILDING OFFICIAL is the director of the County department of
public works or the director's authorized deputy.
CARPORT is a private garage which is at least 100 percent open on
one side and with 50 percent net openings on another side or which
is provided with an equivalent of such openings on two or more
sides.
A private garage which is 100 percent open on one side and 25
percent open on another side with the latter opening so located to
provide adequate cross ventilation may be considered a carport
when approved by the building official.
EXISTING BUILDING is a building for which a legal building
permit has been issued, or one which complied with this Code in
effect at the time the building was erected.
FAMILY shall be as defined in the Zoning Code except that a
nursing, care home, or other similar facility with not more than five
patients may be considered a family under this code.
FIRE CODE. The State Fire Code as adopted by the State Fire
Council."
(Insert rest ofpro visions presently found in 5-79.)
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Article 3. Adoption,Amendment, and Addition of Appendices.
Division 1. Appendices of International Building Code Adopted.
(Insert provisions presently found in 5-74 through 5-76.)
Division 2. Appendices Added to the International Building Code.
(Insert provisions presently found in 5-78 through 5-83.
These will be fol/owed by new Appendix Yrelating to tiny houses-
as set out below.)
Section 5A-3-27. Appendix Y; Tiny Houses.
Appendix Y is added to read as follows:
"APPENDIX Y
TINY HOUSES
SECTION Y101
GENERAL
Y101.1 Scope. This appendix shall be applicable to tiny houses used
as single dwelling units and tiny houses that contain a loft. Tiny
houses shall comply with the International Residential Code except
as otherwise stated in this appendix.
Y101.1.1 Limitations. Tiny houses shall not contain more than one
loft, or loft space. Tiny houses that contain a loft may not be used for
any purpose other than as a detached single-family dwelling.
(Oregon code.)
SECTION Y102
DEFINITIONS
AV102.1 General. The following words and terms shall, for the
purposes of this appendix, have the meanings shown herein. Refer to
Chapter 2 of the International Residential Code for general
definitions.
EGRESS ROOF ACCESS WINDOW. A skylight or roof window
designed and installed to satisfy the emergency escape and rescue
opening requirements in Section R310.
LANDING PLATFORM. A landing measuring two treads deep and
two risers tall,provided as the top step of a stairway accessing a loft.
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LOFT. Any floor level located above the main floor and open to it
on at least one side, with a ceiling height less than 6 feet 8 inches
(2032 mm), complying with the area, access, and guard requirements
of Section AV105, and used as a living or sleeping space.
TINY HOUSE. A dwelling which is 500 square feet(37m') or less
in floor area excluding lofts. The maximum total floor area of 500
square feet shall mean the sum of the horizontal areas of each floor
of a building measured from the exterior faces of the exterior walls.
The total floor area shall include enclosed attached accessory
structures such as garages or storage areas. Unenclosed attached
structures such as carports, breezeways, lanais, or porches shall be
excluded. (Kauai code, variation of.)
SECTION Y103
FOUNDATIONS
Y103.1 General. All exterior walls shall be permanently supported
on continuous solid or fully grouted mansonry or concrete footings,
crushed stone footings, wood foundations, or other approved
structural systems pursuant to Chapter 4 of the International
Residential Code, which shall be of sufficient design to
accommodate all loads according to Section R301 and to transmit
the resulting loads to the soil within the limitations as determined
from the character of the soil. Footings shall be supported on
undisturbed natural soils or engineered fill.
(IRC403.1.)
SECTION Y104
CEILING HEIGHT
Y104.1 Minimum ceiling height. Habitable space and hallways in
tiny houses shall have a ceiling height not less than 6 feet 8 inches
(2032 mm). Bathrooms, toilet rooms, and kitchens shall have a
ceiling height not less than 6 feet 4 inches (1930 mm). No
obstructions shall extend below these minimum ceiling heights
including beams, girders, ducts, lighting, or other obstructions.
Exception: Ceiling heights in lofts are permitted to be less than 6 foot
8 inches (2032 mm).
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SECTION Y105
LOFTS
Y105.1 Minimum loft areas. Lofts used as a sleeping or living
space shall meet the minimum area and dimension requirements of
Sections Y105.1.1 through Y105.1.3.
Y105.1.1 Minimum area. Lofts shall have a floor area of not less
than 35 square feet(3.25 m2).
Y105.1.2 Minimum dimensions. Lofts shall be not less than 5 feet
(1524 mm) in any horizontal dimension.
Y105.1.3 Height effect on loft area. Portions of a loft with a sloping
ceiling measuring less than 3 feet(914 mm) from the finished floor
to the finished ceiling shall not be considered as contributing to the
minimum required area for the loft.
Exception: Under gable roofs with a minimum slope of 6:12,
portions of a loft with a sloping ceiling measuring less than 16
inches (406 mm) from the finished floor to the finished ceiling shall
not be considered as contributing to the minimum required area for
the loft.
Y105.1.4 Minimum ceiling height. Lofts shall have a ceiling height
of not less than 3 feet(914.4 mm). (Oregon code.)
Y105.1.4.4.1 Undersized lofts. Lofts having a ceiling height of less
than 6 feet(1828.8 mm) for more than 50 percent of the required
minimum area shall comply with both of the following:
1. All wall and ceiling of the dwelling unit shall be a minimum
/z" gypsum board or other approved Class A finish,
throughout the entire dwelling unit.
2. In addition to the loft smoke alarm required by Y105.4, all
other required smoke alarms within the dwelling unit shall be
a photoelectric-type complying with R313.
(Oregon code; R313 IRC 2006 reference/R314 IRC 2012
reference.)
Y105.1.5 Maximum loft size. The aggregate floor area of a loft
shall not be greater than one-third of the floor area of the room or
space in which they are located. (Oregon code.)
Y105.2 Loft access. The access to and primary egress from lofts
shall be of any type described in Sections Y105.2.1 through
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Y105.2.4. All methods of loft access and egress shall be positively
anchored to prevent displacement. (Oregon code.)
Y105.21 Stairways. Stairways accessing lofts shall comply with
this code or with Sections Y105.2.1.1 through Y105.2.1.5
Y105.2.1.1 Width. Stairways accessing a loft shall not be less than
17 inches (432 mm) in clear width at all points at or above the
permitted handrail height. The minimum width below the handrail
shall not be less than 20 inches (508 mm).
Y105.2.1.2 Headroom. The headroom in stairways accessing a loft
shall not be less than 6 feet 2 inches (1880 mm) measured vertically
from the sloped line connecting the tread nosing in the middle of the
tread width.
Exception: The headroom for landing platforms shall not be less
than 4 feet 6 inches (1372 mm).
Y105.2.1.3 Treads and Risers. Risers for stairs accessing a loft
shall be a minimum of 7 inches (178 mm) and a maximum of 12
inches (305 mm). Tread depth and riser height shall be calculated
with the following formulas:
Tread depth= 20 inches (508 mm) minus 4/3 riser height
or
Riser height= 15 inches (381 mm) minus 3/4 tread depth
Exception: Landing platforms shall measure two treads deep and
two risers tall.
Y105.2.1.4 Handrails. Handrails shall comply with Section
R311.7.8.
Y105.2.1.5 Stairway guards. Guards at open sides of stairways
shall comply with Section R312.1.
Y105.2.2 Ladders. Ladders accessing lofts shall comply with
Sections Y105.2.2.1 and Y105.2.2.2.
Y105.2.2.1 Size and capacity. Ladders accessing lofts shall have 12
inches (305 mm) minimum rung width and 10 inches (254 mm)to
14 inch(356 mm) spacing between rungs. Ladders shall be capable
of supporting a 300 pound(136 kg) load on any rung. Rung spacing
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shall be uniform within 3/8-inch(9.5 mm). The maximum height of
a ladder shall be 8 feet(2438 mm). (Oregon code.)
Y105.2.2.2 Incline. Ladders shall be installed at 70 to 80 degrees
from horizontal.
Y105.2.3 Alternating tread devices. Alternating tread devices
accessing lofts 200 square feet or less shall comply with the
following provisions:
Treads of alternation tread devices. Alternating tread devices
shall have a tread depth of not less than 5 inches (127mm), a
projected tread depth of not less than 8-1/2 inches (216 mm), a
tread width of not less than 7 inches (178 mm) and a riser height
of not more than 9-1/2 inches (241 mm). The tread depth shall be
measured horizontally between the vertical planes of the
foremost projections of adjacent treads. The riser height shall be
measure vertically between leading edges of adjacent treads. The
riser height and tread depth provided shall result in an angle of
ascent from the horizontal of between 50 and 70 degrees (0.87
and 1.22 rad). The initial tread of the device shall being at the
same elevation as the platform, landing or floor surface.
Handrails of alternating tread devices. Handrails shall be
provided on both sides of alternating tread devices and shall
comply with Sections R311.7.8.2 to R311.7.8.6. Handrail height
shall be uniform, not less than 30 inches (762 mm) and not more
than 34 inches (864 mm).
The clear width at and below the handrails shall be not less than
20 inches (508 mm).
Y105.2.4 Ships ladders. Ships ladders accessing lofts 200 square
feet or less shall comply with the following provisions:
Treads of ships ladders. Treads shall have a depth of not less
than 5 inches (127 mm). The tread shall be projected such that
the total of the tread depth plus the nosing projection is not less
than 8-1/2 inches (216 mm). The riser height shall be not more
than 9-1/2 inches (241 mm).
Handrails of ships ladders. Handrails shall be provided on both
sides of ships ladders and shall comply with Sections R311.7.8.2
to R311.7.8.6. Handrail height shall be uniform, not less than 30
inches (762 mm) and not more than 34 inches (864 mm).
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The clear width at and below the handrails shall be not less than
20 inches (508 mm).
Y105.3 Loft guards. Loft guards shall be located along the open
side(s) of lofts located more than 30 inches (762 mm) above the
main floor. Loft guards shall be not less than 36 inches (914 mm) in
height or one-half the clear height to the ceiling, whichever is less.
Loft guards are not required at the loft accessing means connection
to the loft. (Oregon code.)
Y105.4 Loft smoke alarms. Lofts shall be equipped with a
minimum of one photoelectric-type smoke alarm complying with
R313.
(Oregon code; R313 IRC 2006 reference/R314 IRC 2012
reference.)
Y105.5 Loft location. Lofts shall not be located directly above a
permanently installed cooking appliance. Permanently installed
cooking appliances shall not be located within 12 inches (304.8 mm)
horizontally of a loft open edge, measured to the vertical plane of the
loft edge. (Oregon code.)
SECTION Y106
EMERGENCY ESCAPE AND RESCUE OPENINGS
Y106.1 General. Tiny houses shall meet the requirements of Section
R310 for emergency escape and rescue openings.
Exception: Egress roof access windows in lofts used as sleeping
rooms shall be deemed to meet the requirements of Section R310
where installed with the bottom of their clear opening no more than
44 inches (1118 mm) above the loft floor provided the egress roof
access window complies with the minimum opening area
requirements of Section R310.1.
Article 4. Building work within special flood hazard areas.
Section 5A-3-1. General applicability.
(a) The provisions of this article shall apply to new construction or the renovation and major
alteration, addition, or reinstallation of any existing buildings or structures, within a special
flood hazard area as identified by chapter 27, Hawaii County Code. All construction work
shall comply with chapter 16 of the International Building Code, and chapter 27,
Floodplain Management. {17-50.)
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(b) The provisions of this article shall not apply to the following:
(1) Any building or structure exempted from chapter 27;
(2) Any building or structure which has been granted a flood control variance pursuant to
article 5, chapter 27; or
(3) Any building or structure lawfully existing prior to November 8, 1993, subject to the
provisions of chapter 27.
Section 5A-3-2. Definitions.
As used in this article, unless it is apparent from the context that a different meaning is
intended:
"Base flood elevation" means the water surface elevation of the base flood. {27-12.}
"Flood or flooding"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 or runoff of surface waters from any
source; or
(C) Mudslides (i.e., mudflows)which are approximately caused by flooding as
defined in paragraph (1)(13) of this definition and are akin to a river of 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
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. {27-12.}
"Special flood hazard area"means an area having special flood or flood-related erosion
hazards, and shown on the Flood Insurance Rate Maps as Zones A, AO, AE, A99, AH, VE, or V.
{27-12.}
"Water-tight"when referring to construction below the inundation level, means constructed
to exclude moisture and withstand the hydraulic pressure resulting from the anticipated depth of
inundation. {9-5.}
Section 5A-3-3. General Requirements.
Contractor will provide a certified flood zone elevation mark on jobsite for flood zone elevation
reference point.
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Section 5A-3-4. Services.
(1) Location. Service equipment shall be located above the inundation level, or where
permitted per chapter 27, shall be installed in a water-tight enclosure, room, or vault, and
shall be readily accessible in any case.
(2) Ground Fault Protection. Ground fault protection shall be provided for all grounded wye
electrical services. {9-24(1).)
Section 5A-3-5. Ground fault protection.
Approved ground fault circuit protection shall be provided for all feeder and branch circuits
below or extending into inundation level. {9-24(2).)
Section 5A-3-6. Wiring method and material.
Equipment such as transformers, fuses,panelboards, switchboards, disconnects, circuit
breakers, controllers and other devices used for control, disconnecting means, ground fault
protection, or overcurrent protection shall be located above the inundation level, unless made of
water-tight construction and permitted per chapter 27." {9-24(3).)
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SECTION 5. The Hawaii County Code 1983 (2016 Edition, as amended) is amended by
adding a new chapter, relating to the electrical code, to be designated chapter 5C, and to read as
follows:
"CHAPTER 5D. ELECTRICAL CODE.
Article 1. General Provisions.
Section 5D-1-1. Title.
This chapter shall be known as the "electrical code." {9-1.)
Section 5D-1-2. Purpose.
The purpose of this chapter is to reduce the hazards to persons and property from electrical
causes by establishing minimum standards for electrical installations in the County.
19-2.1
Section 5D-1-3. Scope; exceptions.
This chapter shall apply to electrical installations within the County inland of the shoreline
high-water line. Exceptions to these minimum requirements are listed below.
Provisions relating to permitting, enforcement, inspection, and other administrative
procedures pertaining to this chapter are contained in chapter 5, the construction administrative
code.
This chapter shall not apply to:
(1) Work or installations not covered by the National Electrical Code, 2017 Edition, as
adopted by the State of Hawaii; {90.2(B), NEC.)
(2) Work on buildings or premises owned by or under the direct control of the Federal
government; {9-3(1).)
(3) Work in public State or County road right-of-ways for utility installations, street
lighting, traffic signals,police and fire alarms, bridges,poles, hydraulic flood control
structures, and mechanical equipment not specifically regulated in this code where
installed:
(A) Outside the proposed premises or boundary lines in a subdivision under
development; or
(B) In an approved subdivision, where the work is in planned or actual roadways or
other common infrastructure areas; {9-3(3).)
(4) Pursuant to section 448E-13, Hawaii Revised Statutes, work by employees of a
public utility within the State under a franchise or charter granted by the State which
is regulated by the public utilities commission and community antennae television
company, while so employed; {9-3(2).)
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(5) Electrical work related to work regulated by chapter 397, Hawaii Revised Statutes,
relating to the elevator code, but not including electrical work for the supply of power
to the control panels of elevators, dumbwaiters, escalators, moving walks, and
manlifts; {9-3(6).)
(6) Replacement or repair of devices and apparatus of air conditioning, refrigeration, and
heating systems, except electrical work on overcurrent devices that are not physically
attached to, or physically mounted on, such systems; {9-3(7).)
(7) The construction, alteration or repair of electrical devices commonly used in the
home such as portable appliances as defined in section 5-1-5; {9-3(8).)
(8) Agricultural buildings, structures, and appurtenances without electrical power and
plumbing systems are exempt from permit and construction code requirements,
pursuant to section 46-88, Hawaii Revised Statutes, except as otherwise provided for
in this construction code. No electrical power shall be connected to a building or
structure without first obtaining a permit for the electrical work.
Section 5D-1-4. Administrative provisions.
Provisions relating to permitting, enforcement, inspection, and other administrative
procedures pertaining to this chapter are contained in chapter 5, the construction administrative
code.
Section 5D-1-5. Existing electrical installations.
Electrical installations in existence and permitted pursuant to applicable laws and standards
in effect when the electrical work thereon was performed, shall not be deemed to be in violation
of subsequent changes to applicable laws or standards, provided that such installations shall be
subject to the provisions of section 5-2-3 of the construction administrative code. {9-3(4).)
Section 5D-1-6. Definitions.
As used in this chapter, unless it is apparent from the context that a different meaning is
intended:
"Article" means an article of a chapter of the National Electrical Code. {HSEC.)
"Authority having jurisdiction"means the director of the department of public works, or
the director's authorized representative. {9-5.)
"Building Official"means the means the director of the department of public works, or the
director's authorized representative. {HSEC.)
"Chapter"means chapter 5D, the electrical code, or chapter 5, the construction
administrative code, or both, as the context requires. {HSEC.)
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"This code"means the electrical code, contained in chapter 5D, or the construction
administrative code, contained in chapter 5, or both, as the context requires. (HSEC.)
"Dwelling"Any building that contains one or two dwelling units used, intended, or
designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for
living purposes. {Art. 100, NEC.)
"Dwelling unit" A single unit providing complete independent living facilities for one or
more persons, including permanent provisions for living, sleeping, eating, cooking, and
sanitation. {Art. 100, NEC.)
"Electrical wiring" means any conduit, raceway, manhole, handhole, conductor, material,
device, fitting, apparatus, appliance, fixture, or equipment constituting a part of or connected to
any electrical installation, attached or fastened to any building, structure, or premises and which
installation or portion thereof is designed, intended, or used to generate, transmit, transform, or
utilize electrical energy within the scope and purpose of the National Electrical Code. {9-5.)
"Electrical work"means the installation, alteration, reconstruction, or repair of electrical
wiring. {9-5.)
"Inundation level"means the maximum expected water level due to flooding by rainfall
runoff, wind, waves, and tsunamis as established by the authority having jurisdiction. {9-5.)
"NEC"means the National Electrical Code, NFPA 70, 2017 Edition,published by the
National Fire Protection Association. {HSEC.)
"NFPA" means the National Fire Protection Association. {HSEC.)
"Permit" means a formal authorization issued by the authority having jurisdiction that
authorizes performance of specified work,pursuant to the construction code, including the
following chapters and all administrative rules adopted pursuant to these chapters:
(1) 5, the construction administrative code;
(2) 5A, the commercial building code;
(3) 5D, the electrical code;
(4) 5E, the energy conservation code; and
(5) 517, the plumbing code.
"Person" means any individual, firm,partnership, association, or corporation; or its or their
successors or assigns, according to the context thereof {9-5.)
"Portable appliances" means any cord/plug connected device that is readily moveable.
{9-S.)
"Qualified person" a person holding a valid, unexpired, and unrevoked journey worker
electrician,journey worker specialty electrician, supervising electrician, or supervising specialty
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electrician license under chapter 448E, Hawai'i Revised Statues, and who has skills and
knowledge related to the construction and operation of the electrical equipment and installations
and has received safety training to recognize and avoid the hazards involved. {9-5, HCC and Art.
100, NEC.)
Section 5D-1-7. Compliance required.
(a) No person shall perform or cause to be performed any electrical work which does not
comply with the provisions of this code or any permit issued pursuant to this code. {9-
15(a).)
(b) No person shall perform any work covered by this code in violation of the provisions of
chapter 448E, Hawaii Revised Statutes. {9-I5(b).)
(c) Any approval or permit issued pursuant to the provisions of this code shall comply with all
applicable requirements of this code. {17-9.)
(d) The granting of a permit, variance, or approval of plans or specifications pursuant to this
code does not dispense with the necessity to comply with any applicable law to which a
permit holder may also be subject. {9-27(b).)
Section 5D-1-8. Conflict.
(a) If any provisions of this code conflict with or contravene provisions of the Hawaii State
Electrical Code or the National Electrical Code that have been incorporated by reference,
the provisions of this code shall prevail as to all matters and questions arising out of the
subject matter of such provisions.
(b) In situations where two or more provisions of this code and any applicable law, other than
those provided for in subsection (a), cover the same subject matter, the stricter shall be
complied with. {9-4.)
Article 2. Installation Requirements.
Section 5D-2-1. National electrical code adopted.
(a) The National Electrical Code, 2017 Edition,published by the National Fire Protection
Association, One Batterymarch Park, Quincy MA, 02169-7471, including appendices, is
incorporated by reference and made a part of this code, subject to any amendments
hereinafter set forth in this chapter.
(b) The scope, technical specifications, and exemptions set forth in the National Electrical
Code, 2017 Edition, are hereby adopted as the standard for electrical work covered by this
code, provided there are no specific provisions in any other section of this code covering
the particular matter.
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(c) A copy of the National Electrical Code, 2017 Edition, shall be available for public
inspection at the Hilo and Kailua-Kona offices of the department of public works and at the
office of the County clerk. {9-14.}
Article 3. Electrical work within special flood hazard areas.
Section 5D-3-1. General applicability.
(a) The provisions of this article shall apply to the: installation of any new electrical system; or
the renovation and major alteration, addition, or reinstallation of any existing electrical
system, within a special flood hazard area as identified by chapter 27, Hawaii County
Code. All installations shall comply with chapter 27, Floodplain Management. {17-50.)
(b) The provisions of this article shall not apply to the following:
(1) Any electrical system serving a building or structure exempted from chapter 27;
(2) Any electrical system serving a building or structure which has been granted a flood
control variance pursuant to article 5, chapter 27; or
(3) Any electrical system lawfully existing prior to November 8, 1993, subject to the
provisions of chapter 27.
Section 5D-3-2. Definitions.
As used in this article, unless it is apparent from the context that a different meaning is
intended:
"Base flood elevation" means the water surface elevation of the base flood. {27-12.}
"Flood or flooding"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 or runoff of surface waters from any
source; or
(C) Mudslides (i.e., mudflows)which are approximately caused by flooding as
defined in paragraph (1)(13) of this definition and are akin to a river of 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
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. {27-12.}
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"Special flood hazard area"means an area having special flood or flood-related erosion
hazards, and shown on the Flood Insurance Rate Maps as Zones A, AO, AE, A99, AH, VE, or V.
{27-12.)
"Water-tight"when referring to construction below the inundation level, means constructed
to exclude moisture and withstand the hydraulic pressure resulting from the anticipated depth of
inundation. {9-5.)
Section 5D-3-3. General Requirements.
Contractor will provide a certified flood zone elevation mark on jobsite for flood zone elevation
reference point.
Section 5D-3-4. Services.
(1) Location. Service equipment shall be located above the inundation level, or where
permitted per chapter 27, shall be installed in a water-tight enclosure, room, or vault, and
shall be readily accessible in any case.
(2) Ground Fault Protection. Ground fault protection shall be provided for all grounded wye
electrical services. {9-24(1).)
Section 5D-3-5. Ground fault protection.
Approved ground fault circuit protection shall be provided for all feeder and branch circuits
below or extending into inundation level. {9-24(2).)
Section 5D-3-6. Wiring method and material.
Equipment such as transformers, fuses,panelboards, switchboards, disconnects, circuit
breakers, controllers and other devices used for control, disconnecting means, ground fault
protection, or overcurrent protection shall be located above the inundation level, unless made of
water-tight construction and permitted per chapter 27." {9-24(3).)
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SECTION 6. The Hawaii County Code 1983 (2016 Edition, as amended) is amended by
adding a new chapter relating to the energy conservation code, to be designated chapter 5E, and
to read as follows:
"CHAPTER 5E. ENERGY CONSERVATION CODE.
Article 1. General Provisions.
Section 5E-1-1. Title.
This chapter shall be known as the "energy conservation code." {5-85(b)(1).)
Section 5E-1-2. Purpose.
The purpose of this chapter is to promote the design of energy-efficient building envelopes
and installation of energy-efficient mechanical, lighting, and power systems by establishing
minimum standards that promote modern and up-to-date energy-efficient performance in the
construction, alteration, or equipment of buildings or structures in the County of Hawaii.
{5-84.)
Section 5E-1-3. Scope; exceptions.
This chapter sets forth minimum requirements for the design and construction of buildings
for the effective use of energy and is intended to provide flexibility to allow the use of innovative
approaches and techniques to achieve the effective use of energy. It shall apply to all
commercial and residential buildings, building sites, and associated systems and equipment
within the County inland of the shoreline high-water line. Exceptions to these minimum
requirements are listed below: {3-181.1-2, SECC and C101.2 and R101.2, IECC.)
This chapter shall not apply to:
(1) Work or installations not covered by the International Energy Conservation Code,
2015 Edition, as adopted and amended by the State Energy Conservation Code,
chapter 3-181.1, Hawaii Administrative Rules;
(2) Work on buildings or premises owned by or under the direct control of the Federal
government;
(3) Agricultural buildings, structures, and appurtenances without electrical power and
plumbing systems are exempt from permit and construction code requirements,
pursuant to section 46-88, Hawaii Revised Statutes, except as otherwise provided for
in this construction code.
Section 5E-1-4. Administrative provisions.
Provisions relating to permitting, enforcement, inspection, and other administrative
procedures pertaining to this chapter are contained in chapter 5, the construction administrative
code.
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Section 5E-1-5. Existing installations.
Construction in existence and permitted pursuant to applicable laws and standards in effect
when the work thereon was performed, shall not be deemed to be in violation of subsequent
changes to applicable laws or standards,provided that such installations shall be subject to the
provisions of section 5-2-3 of the construction administrative code.
Section 5E-1-6. Definitions.
"Authority having jurisdiction" means the director of the department of public works, or
the director's authorized representative.
"Building" means any structure used or intended for supporting or sheltering any use or
occupancy. The term shall include but not be limited to, any structure mounted on wheels such
as a trailer, wagon, or vehicle which is parked and stationary for any 24-hour period, and is used
for business or living purposes;provided, however, that the term shall not include a push cart or
push wagon which is readily movable and which does not exceed 25 square feet in area,
nor shall the term include a trailer or vehicle, used exclusively for the purpose of selling any
commercial product therefrom, which hold a vehicle license and actually travels on public or
private streets.
"This code"means the energy conservation code, contained in chapter 5E, or the
construction administrative code, contained in chapter 5, or both, as the context requires.
"Construction code" means collectively: chapter 5, the construction administrative code;
chapter 5A, the commercial building code; chapter 5D, the electrical code; chapter 5E, the
energy conservation code; chapter 517, the plumbing code; and all administrative rules adopted
pursuant to these chapters.
"Dwelling"means any building that contains one or two dwelling units used, intended, or
designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for
living purposes.
"Dwelling unit" means a single unit providing complete independent living facilities for
one or more persons, including permanent provisions for living, sleeping, eating, cooking, and
sanitation.
"Engineer"means a person who is licensed and in good standing as a professional
engineer in the State of Hawaii.
"Existing building" means a building erected prior to the effective date of this chapter, or
one for which a legal permit has been issued.
"ICC"means the International Code Council. {SECC.)
"ICC section" means a section of a chapter of the International Energy Conservation
Code. {SECC.)
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"IECC" means the ICC, International Energy Conservation Code, 2015 edition, as
copyrighted by the International Code Council. {SECC.)
"Permit" means a formal authorization issued by the authority having jurisdiction that
authorizes performance of specified work,pursuant to the following chapters:
(1) 5, the construction administrative code;
(2) 5A, the commercial building code;
(3) 51), the electrical code;
(4) 5E, the energy conservation code; and
(5) 517, the plumbing code.
"Person" means any individual, firm,partnership, association, or corporation, or its or their
successors or assigns, according to the context thereof. {9-5.)
"Section"means a section of a chapter of the Uniform Plumbing Code. {HSPC.)
Section 5E-1-7. Compliance required.
(a) No person shall perform or cause to be performed any work which does not comply with
the provisions of this code or any permit issued pursuant to this code. {9-15(a).)
(b) No person shall perform any work covered by this code in violation of the provisions of
chapter 444, Hawaii Revised Statutes. {17-21(a).)
(c) Any approval or permit issued pursuant to the provisions of this code shall comply with all
applicable requirements of this code. {17-9.)
(d) The granting of a permit, variance, or approval of plans or specifications pursuant to this
code does not dispense with the necessity to comply with any applicable law to which a
permit holder may also be subject. 117-9, 17-18(d).)
Section 5E-1-8. Conflict.
(a) If any provisions of this code conflict with or contravene provisions of the State Energy
Code, found in chapter 3-181, Hawaii Administrative Rules, or the International Energy
Conservation Code, 2015 Edition, that have been incorporated by reference, the provisions
of this code shall prevail as to all matters and questions arising out of the subject matter of
such provisions.
(b) In situations where two or more provisions of this code and any applicable law, other than
those provided for in subsection (a), cover the same subject matter, the stricter shall be
complied with.
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Article 2. Installation Requirements.
Section 5E-2-1. International Energy Conservation Code adopted.
(a) The "International Energy Conservation Code, 2015 Edition"herein referred to as the
"International Energy Conservation Code," as copyrighted and published in 2015 by the
International Code Council, Incorporated, 500 New Jersey Avenue, 6th Floor, Washington,
DC 20001, is incorporated by reference and made a part of this chapter, subject to the
amendments hereinafter set forth in this article. The appendices of the International Energy
Conservation Code are not adopted except as provided in this article. A copy of the
International Energy Conservation Code shall be available for public inspection at the Hilo
and Kailua-Kona offices of the department of public works and at the office of the County
clerk.
(b) This incorporation by reference includes all parts of the International Energy Conservation
Code, 2015 Edition, subject to the amendments hereinafter set forth.
(1) Subsection C101.1 of the International Energy Conservation Code is amended to read
as follows:
"C101.1 Title. This code shall be known as the Energy
Conservation Code and shall be cited as such. "This code"when
used within the International Energy Conservation Code as
incorporated by reference herein, means the Energy Conservation
Code of the County of Hawai`i."
(2) Subsection C101.4 of the International Energy Conservation Code is amended to read
as follows:
"C101.4 Applicability. Where, in any specific case, different
sections of this code or other adopted codes specify different
materials, methods of construction or other requirements, the code
official shall determine which code requirements shall prevail.
Where there is a conflict between a general requirement and a
specific requirement, the specific requirement shall govern."
(3) Subsection C102.1 of the International Energy Conservation Code is
amended to read as follows:
"C102.1 General. This code is not intended to prevent the use of
any material, method of construction, design or insulating system
not specifically prescribed herein,provided that such construction,
design or insulating system has been approved by the code official
as meeting the intent of this code.
The code official may allow alternative energy conservation
standards for nonstandard building materials, unique or limitations
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of design, special methods of construction, and geographical
location. The code official may require construction plans, research
reports, and tests prepared by a registered design professional in
order to determine whether to allow such lower standards."
(4) Subsection C103.1 of the International Energy Conservation Code is amended to read
as follows:
"C1031 General. Construction documents and other supporting
data shall be submitted to indicate compliance with this code. The
construction documents shall be prepared, designed, approved, and
observed by a duly registered licensed professional as required by
chapter 464, Hawaii Revised Statutes and in accordance with the
provisions of chapter 5, Hawaii County Code. The licensed
professional shall certify via a signed statement on the plans, that the
project complies with this code.
Exception:
Any building work that is not required to be prepared, designed,
approved, or observed by a licensed professional architect or
engineer pursuant to chapter 464, Hawaii Revised Statutes, shall be
certified by the owner."
(5) Subsections C103.3.2 and C103.3.3 of the International Energy Conservation Code
are deleted in their entirety.
(6) Subsection C202 of the International Energy Conservation Code is amended by
adding the following new definitions to be appropriately inserted and to read as
follows:
"CODE OFFICIAL. The director of the department of public
works of the County of Hawaii, the director's authorized
representative, or other designated authority charged with the
administration and enforcement of this code."
"COOL ROOF. A cool roof is a roofing system that can deliver
high solar reflectance, and high thermal emittance as specified in
table C402.3."
"HABITABLE SPACE. A space in a building for living, sleeping,
eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or
utility spaces and similar areas are not considered habitable spaces."
"OCCUPIABLE SPACE. A room or enclosed space designed for
human occupancy in which individuals congregate for amusement,
educational or similar purposes or in which occupants are engaged
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at labor, and which is equipped with means of egress and light and
ventilation facilities meeting the requirements of this code."
"UNCONDITIONED FLOOR AREA. The horizontal projection
of the floors associated with the unconditioned space."
"UNCONDITIONED SPACE. An area, room or space that is
enclosed within the building thermal envelope and is not directly nor
indirectly heated or cooled."
(7) Subsection C401.2 of the International Energy Conservation Code is amended to read
as follows:
"C401.2 Application. Commercial buildings shall comply with one
of the following:
1. The requirements of ANSPASHRAE/IESNA 90.1.
2. The requirements of Sections C402 through C405. In
addition, commercial buildings shall comply with Section
C406 and tenant spaces shall comply with Section C406.1.1.
3. The requirements of Sections C402.5, C403.2, C404,
C405.2, C405.3, C405.5, C405.6 and C407. The building
energy cost shall be equal to or less than 85 percent of the
standard reference design building.
Exception:
For buildings 2,500 square feet or less with 4 tons of cooling or less
where it is determined by the code official that the building
configuration is similar to that of a residential building, the
requirements in Sections R401.2.1 Tropical Zone shall be permitted
to be used."
(8) Subsection C402.1.1 of the International Energy Conservation Code is amended to
read as follows:
"C402.1.1 Low-energy use buildings. The following low-energy
use buildings, or portions thereof separated from the remainder of
the building by building thermal envelope assemblies complying
with this section, shall be exempt from the building thermal
envelope provisions of Section C402.
1. Those with a peak design rate of energy usage less than 3.4
Btu/h•ft2 (10.7 W/m2) or 1.0 watt per square foot(10.7
W/m2) of floor area for space conditioning purposes.
2. Unconditioned space that does not contain occupiable space
and/or habitable space.
3. Greenhouses.
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4. Open park pavilions where there is no enclosed space."
(9) Table C402.1.3 from the International Energy Conservation Code is deleted in its
entirety and replaced with the following:
"TABLE C402.1.3
OPAQUE THERMAL ENVELOPE INSULATION COMPONENT
MINIMUM REQUIREMENTS,R-VALUE METHODa - CLIMATE ZONE 1
CLIMATE ZONE 1
All other Group R
Roofs
Insulation entirely above
roof deck R-loci R-12.5ci
Metal buildingsa°b R-30 or R-19 with cool roof' R-30 or R-19 with cool roof'
Attic and other R-30 or R-19 with cool roof' R-30 or R-19 with cool roof'
Walls, above grade
Mass R-5.7cid R-5.7cid
Metal building R-13 + R-6.5ci R-13 + R-6.5ci
Metal framed R-13 +R-5ci R-13 + R-5ci
Wood framed and other R-13 +R-3.8ci or R-20 R-13 + R-3.8ci or R-20
Walls, below grade
Below-grade wall NR NR
Floors
Mass NR NR
Joist/framing NR NR
Slab-on-grade floors
Unheated slabs NR NR
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Heated slabs R-7.5 for 12"below R-7.5 for 12"below
Opaque doors
Nonswinging R-4.75 R-4.75
For SL 1 inch=25.4 mm, 1 pound per square foot=4.88 kg/m2, 1 pound per cubic foot= 16 kg/m3.
ci=Continuous insulation,NR=No requirement,LS=Liner system.
a. Assembly descriptions can be found in ANSI/ASHRAE/IESNA Appendix A.
b. Where using R-value compliance method,a thermal spacer block shall be provided,otherwise use the U factor
compliance method in Table C402.1.4.
C. Cool roof is defined as a roof with three-year aged solar reflectance of 0.55 and 3-year aged thermal emittance
of 0.75 or 3-year aged solar reflectance index of 64.
d. R-5.7ci is allowed to be substituted with concrete block walls complying with ASTM C 90,ungrouted or
partially grouted at 32 inches or less on center vertically and 48 inches or less on center horizontally,with
ungrouted cores filled with materials having maximum thermal conductivity of 0.44 Btu-in/h-f2°F. See Section
C402.2.3."
(10) Subsection C402.2.3 of the International Energy Conservation Code is amended to
read as follows:
"C402.2.3 Thermal resistance of above-grade walls. The
minimum thermal resistance (R-value) of materials installed in the
wall cavity between framing members and continuously on the walls
shall be as specified in Table C402.1.3, based on framing type and
construction materials used in the wall assembly.
Exceptions:
Continuous insulation for wood, metal framed, and mass walls are
not required when at least one of the following conditions is met:
1. Walls have a covering with a reflectance of> 0.64.
2. Walls have overhangs with aprojection factor equal to or
greater than 0.3. The projection factor is the horizontal
distance from the surface of the wall to the farthest most
point of the overhang divided by the vertical distance from
the first floor level to the bottom most point of the
overhang.
3. Concrete, CMU, and similar mass walls are 6 inches or
greater in thickness.
The R-value of integral insulation installed in concrete masonry
units shall not be used in determining compliance with Table
C402.1.3.
"Mass walls" shall include walls:
1. Weighing not less than 35 psf(170 kg/m2) of wall surface
area.
2. Weighing not less than 25 psf(120 kg/m2) of wall surface
area where the material weight is not more than 120 pcf
(1900 kg/m3).
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3. Having a heat capacity exceeding 7 Btu/ft2 • OF (144 kJ/m2
K).
4. Having a heat capacity exceeding 5 Btu/ft2 • OF (103 kJ/m2
K), where the material weight is not more than 120 pcf
(1900 kg/m3y,
(11) Table C402.4 from the International Energy Conservation Code is deleted in its
entirety and replaced with the following:
"TABLE C402.4
BUILDING ENVELOPE FENESTRATION
MAXIMUM U-FACTOR AND SHGC REQUIREMENTS -
CLIMATE ZONE 1
CLIMATE ZONE 1
Vertical fenestration
U-factor
Fixed fenestration 0.50
Operable fenestration 0.65
Entrance doors 1.10
SHGCb
Orientationa SEW N
PF < 0.2 0.25 0.33
0.2 <PF < 0.5 0.30 0.37
PF > 0.5 0.40 0.40
Skylights
U-factor 0.75
SHGC 0.35
NR=No requirement,PF=Projection factor.
a. "N"indicates vertical fenestration oriented within 45 degrees of true north. "SEW"indicates
orientations other than"N." For buildings in the southern hemisphere,reverse south and
north.
b. Exception: Jalousie windows are exempt from SHGC requirements."
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(12) A new subsection C402.4.3.5 is added to the International Energy Conservation Code
to read as follows:
"C402.4.3.5 Area-weighted SHGC. In commercial buildings, an
area-weighted average of fenestration products shall be permitted to
satisfy SHGC requirements.
Exception: Jalousie windows are exempt from SHGC
requirements."
(13) Subsection C402.5 of the International Energy Conservation Code is amended to read
as follows:
"C402.5 Air leakage-thermal envelope (Mandatory). The thermal
envelope of buildings shall comply with Sections C402.5.1 through
C402.5.8, or the building thermal envelope shall be tested in
accordance with ASTM E 779 at a pressure differential of 0.3 inch
water gauge (75 Pa) and deemed to comply with the provisions of
this section when the tested air leakage rate of the building thermal
envelope is not greater than 0.40 cfm/ft2 (0.2 L/s • m2). Where
compliance is based on such testing, the building shall also comply
with Sections C402.5.5, C402.5.6 and C402.5.7."
(14) A new subsection C403.2.4.2.4 is added to the International Energy Conservation
Code to read as follows:
"C403.2.4.2.4 Door switches. Opaque and glass doors opening to
the outdoors in hotel and motel sleeping units, guest suites, and
time-share condominiums, shall be provided with controls that
disable the mechanical cooling or reset the cooling setpoint to 90° F
or greater within five minutes of the door opening. Mechanical
cooling may remain enabled if the outdoor air temperature is below
the space temperature."
(15) Subsection C405.2 of the International Energy Conservation Code is amended to read
as follows:
"C405.2 Lighting controls (Mandatory). Lighting systems shall
be provided with controls as specified in Sections C405.2.1,
C405.2.2, C405.2.3, C405.2.4 and C405.2.5.
Exceptions: Lighting controls are not required for the following:
1. Areas designated as security or emergency areas that are
required to be continuously lighted.
2. Interior exit stairways, interior exit ramps and exit
passageways.
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3. Emergency egress lighting that is normally off.
4. Spaces where the designed lighting power densities are less
than 70% of the lighting power densities specified in Table
C405.4.2(1) and Table C405.4.2(2)."
(16) Subsection C405.2.4 of the International Energy Conservation Code is amended to
read as follows:
"C405.2.4 Specific application controls. Specific application
controls shall be provided for the following:
1. Display and accent light shall be controlled by a dedicated
control that is independent of the controls for other lighting
within the room or space.
2. Lighting in cases used for display case purposes shall be
controlled by a dedicated control that is independent of the
controls for other lighting within the room or space.
3. Hotel and motel sleeping units, guest suites, and time-share
condominiums shall have a master control device that is
capable of automatically switching off all installed
luminaires and switched receptacles within 20 minutes after
all occupants leave the room.
Exception: Lighting and switched receptacles controlled
by captive key systems.
4. Supplemental task lighting, including permanently installed
under-shelf or under-cabinet lighting, shall have a control
device integral to the luminaires or be controlled by a wall-
mounted control device provided that the control device is
readily accessible.
5. Lighting for nonvisual applications, such as plant growth
and food warming, shall be controlled by a dedicated
control that is independent of the controls for other lighting
within the room or space.
6. Lighting equipment that is for sale or for demonstrations in
lighting education shall be controlled by a dedicated control
that is independent of the controls for other lighting within
the room or space."
(17) Anew subsection C405.10 is added to the International Energy Conservation Code to
read as follows:
"C40510 Sub-metering (Mandatory). In new buildings with
tenants, metering shall be collected for the entire building and
individually for each tenant occupying 1,000 ft2 (total enclosed and
unenclosed) (93 m3) or more. Tenants shall have access to data
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collected for their space. A tenant is defined as "one who rents or
leases from a landlord."
(18) Subsection C406.3 of the International Energy Conservation Code is amended to read
as follows:
"C406.3 Reduced lighting power density. The total interior
lighting power(watts) of the building shall be determined by using
80 percent of the lighting power values specified in Table
C405.4.2(1)times the floor area for the building types, or by using
80 percent of the interior lighting power allowance calculated by the
Space-by-Space Method in Section C405.4.2."
(19) Subsection C408.2 of the International Energy Conservation Code is amended to read
as follows:
"C408.2 Mechanical systems and service water-heating systems
commissioning and completion requirements. The registered
design professional or approved agency shall provide evidence of
mechanical systems commissioning and completion in accordance
with the provisions of this section to the owner or owner's
authorized agent.
Construction document notes shall clearly indicate provisions for
commissioning and completion requirements in accordance with this
section and are permitted to refer to specifications for further
requirements. Copies of all documentation shall be given to the
owner or owner's authorized agent and made available to the code
official upon request in accordance with Sections C408.2.4 and
C408.2.5.
Exceptions: The following systems are exempt:
1. Mechanical systems and service water heater systems
in buildings where the total mechanical equipment
capacity is less than 480,000 Btu/h(140.7 kW) cooling
capacity and 600,000 Btu/h(175.8 kW) combined
service water-heating and space-heating capacity.
2. Systems included in Section C403.3 that serve
individual dwelling units and sleeping units."
(20) Subsection C408.2.4.1 of the International Energy Conservation Code is deleted in its
entirety.
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(21) Subsection C408.3.1 of the International Energy Conservation Code is amended to
read as follows:
"C408.31 Functional Testing. The registered design professional
shall provide to the owner or owner's representative evidence that
the lighting control systems have been tested to ensure that control
hardware and software are calibrated, adjusted,programmed and in
proper working condition in accordance with the construction
documents and manufacturer's instructions. Functional testing shall
be in accordance with Sections C408.3.1.1 and C408.3.1.2 for the
applicable control type."
(22) Subsection C501.4 of the International Energy Conservation Code is amended to read
as follows:
"C501.4 Compliance.Alterations, repairs, additions and changes of
occupancy to, or relocation of, existing buildings and structures shall
comply with the provisions and regulations for alterations, repairs,
additions and changes of occupancy or relocation, as adopted by the
building official."
(23) Subsection C503.3.1 of the International Energy Conservation Code is amended to
read as follows:
"C503.3.1 Roof replacement.Roof replacement of uninsulated
roofs shall include at least one of the following:
1. Energy Star compliant roof covering;
2. Radiant barrier; or
3. Attic ventilation via solar attic fan(s), or ridge ventilation, or
gable ventilation."
(24) Subsection R101.1 of the International Energy Conservation Code is amended to read
as follows:
"11101.1 Title. This code shall be known as the Energy
Conservation Code, and shall be cited as such. "This code"when
used within the International Energy Conservation Code as
incorporated by reference herein, means the Energy Conservation
Code of Hawaii County."
(25) Subsection R103.1 of the International Energy Conservation Code is amended to read
as follows:
"11103.1 General. Construction documents and other supporting
data shall be submitted to indicate compliance with this code. The
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construction documents shall be prepared, designed, approved, and
observed by a duly registered licensed professional as required by
chapter 464, Hawaii Revised Statutes and in accordance with the
provisions of chapter 5, Hawaii County Code. The licensed
professional shall certify via a signed statement on the plans, that the
project complies with this code.
Exception: Any building, electrical, or plumbing work that is not
required to be prepared, designed, approved, or observed by a
licensed professional architect or engineer pursuant to chapter 464,
Hawaii Revised Statutes, shall be certified by the owner."
(26) Subsections R103.3.2 and R103.3.3 of the International Energy Conservation Code
are deleted in their entirety.
(27) Subsection R202 of the International Energy Conservation Code is amended by
adding the following new definitions to be appropriately inserted and to read as
follows:
"CODE OFFICIAL. The director of the department of public
works of the County of Hawaii, the director's authorized
representative, or other designated authority charged with the
administration and enforcement of this code."
"COOL ROOF. A cool roof is a roofing system that can deliver
high solar reflectance, and high thermal emittance as specified in
table C402.3."
"HABITABLE SPACE. A space in a building for living, sleeping,
eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or
utility spaces, garages or carports, and similar areas are not
considered habitable spaces."
"OCCUPIABLE SPACE. A room or enclosed space designed for
human occupancy in which individuals congregate for amusement,
educational or similar purposes or in which occupants are engaged
at labor, and which is equipped with means of egress and light and
ventilation facilities meeting the requirements of this code."
"UNCONDITIONED FLOOR AREA. The horizontal projection
of the floors associated with the unconditioned space."
"UNCONDITIONED SPACE. An area, room or space that is
enclosed within the building thermal envelope and is not directly nor
indirectly heated or cooled."
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(28) Subsection R401.2 of the International Energy Conservation Code is amended to read
as follows:
"R401.2 Compliance. Projects shall comply with one of the
following:
1. Sections R401.3 through R404.
2. Section R405 and the provisions of Sections R401 through
R404 labeled"Mandatory."
3. An energy rating index (ERI) approach in Section R406.
4. The tropical zone requirements in Section R401.2.1 and
R401.3."
(29) Subsection R401.2.1 of the International Energy Conservation Code is amended to
read as follows:
"R401.2.1 Tropical zone.Residential buildings in the tropical zone
at elevations below 5,000 feet above sea level shall be deemed to
comply with this chapter where the following conditions are met:
1. Not more than one-half of the dwelling unit area is air
conditioned.
2. The dwelling unit is not heated.
3. Solar, wind, or other renewable energy source supplies not
less than 90 percent of the energy for service water heating.
Exception: A water heating device as approved via Solar
Hot Water Heater Variance by the Department of Business,
Economic Development& Tourism, Hawaii State Energy
Office.
4. Glazing in dwelling units shall have a maximum solar heat
gain coefficient as specified in Table R401.2.1.
Table 401.2.1
Vertical Fenestration Glazing SHGC Requirements
Projection Factor(pf) of
overhang from base of SHGC
average vertical fenestration
glazing sill*
< 0.30 0.25
0.30-0.49 0.40
> 0.50 N/A
*Exceptions:
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a. North-facing vertical fenestration glazing with pf>0.20 are exempt from SHGC
requirements. Overhangs shall extend 2 feet on each side of vertical fenestration glazing or
to nearest wall,whichever is less.
b. Jalousie windows are exempt from SHGC requirements.
c. "N"indicates vertical fenestration oriented within 45 degrees of true north. "SEW"indicates
orientations other than"N".
5. Skylights in dwelling units shall have a maximum U-factor
as specified in Table R402.1.2.
6. Permanently installed lighting is in accordance with Section
R404.
7. The roof/ceiling complies with one of the following options:
A. Comply with one of the roof surface options in Table
C402.3 and install R-13 insulation or greater.
B. Install R-19 insulation or greater.
If present, attics above the insulation are vented and attics
below the insulation are unvented.
Exception: The roof/ceiling assembly is permitted to
comply with Section R407.
8. Operable fenestration provides ventilation area equal to not
less than 14 percent of the floor area in each habitable room.
Alternatively, equivalent ventilation of 2 air changes per
hour is provided by a mechanical ventilation fan.
9. Bedrooms with exterior walls facing two different directions
have operable fenestration on exterior walls facing two
different directions.
10. Interior doors to bedrooms are capable of being secured in
the open position.
11. A ceiling fan, ceiling fan rough-in, or whole-house fan is
provided for bedrooms and the largest space that is not used
as a bedroom.
12. Walls, floors, and ceilings separating air conditioned spaces
from non-air conditioned spaces shall be constructed to limit
air leakage in accordance with the requirements in Table
R402.4.1.1. Blower door test is optional."
(30) Subsection R401.3 of the International Energy Conservation Code is amended to read
as follows:
"R401.3 Certificate (Mandatory). A permanent certificate shall be
completed by the builder or registered design professional and
posted on a wall in the space where the furnace is located, a utility
room or an approved location inside the building. Where located on
an electrical panel, the certificate shall not cover or obstruct the
visibility of the circuit directory label, service disconnect label or
other required labels. The certificate shall:
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1. List the predominant R-values of insulation installed in or
on ceiling/roof, walls, and ducts outside conditioned spaces;
U-factors for fenestration and the solar heat gain coefficient
(SHGC) of fenestration, and the results from any required
duct system and building envelope air leakage testing done
on the building. Where there is more than one value for each
component, the certificate shall list the value covering the
largest area.
2. List the types and efficiencies of heating, cooling and
service water heating equipment. Where a gas-fired
unvented room heater, electric furnace or baseboard electric
heater is installed in the residence, the certificate shall list
"gas-fired unvented room heater," "electric furnace" or
"baseboard electric heater," as appropriate. An efficiency
shall not be listed for gas-fired unvented room heaters,
electric furnaces or electric baseboard heaters.
3. Indicate which areas have been designed and constructed as
conditioned or unconditioned space.
4. Include the following text: "The addition of mechanical
cooling or heating to an unconditioned space requires a
permit. The addition of cooling without proper design and
construction can have adverse health, safety, and
conservation consequences.""
(31) Subsection R402.1 of the International Energy Conservation Code is amended to read
as follows:
"R4021 General(Prescriptive).
The building thermal envelope shall meet the requirements of
Sections R402.1.1 through R402.1.5.
Exception: The following low-energy buildings, or portions
thereof, separated from the remainder of the building by building
thermal envelope assemblies complying with this section shall be
exempt from the building thermal envelope provisions of Section
R402.
1. Those with a peak design rate of energy usage less than 3.4
Btu/h • ft2 (10.7 W/m2) or 1.0 watt/ft2 (10.7 W/m2) of floor
area for space-conditioning purposes.
2. Unconditioned space that does not contain habitable space.
3. Unconditioned dwellings with enclosed habitable areas less
than 1,100 square feet."
4. Dwellings with permitted, off-grid, self supplying
photovoltaic with battery back up."
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(32) TABLE R402.1.2 of the International Energy Conservation Code is deleted in its
entirety and replaced with the following:
"TABLE R4021.2
INSULATION AND FENESTRATION REQUIREMENTS BY COMPONENTa
CLIMATE FENES- SKYLIGHT GLAZED CEILING WOOD MASS FLOOR BASEMENT SLAB CRAWL
ZONE TRATION U-FACTOR b FENES- R-VALUE FRAME WALL R- WALL R-VALUE SPACE
U- TRATION d WALL R-VALUE e, VALUE R-VALUE &DEPTH WALL
FACTOR' SHGC�°e°€ R-VALUE f R-
d VALUE
I NR 0.75 0.25 30 13 3/4 0 0 0 0
For SL 1 foot=304.8 mm
a. R-values are minimums. U-factors and SHGC are maximums.When insulation is installed in a cavity which is less than the label or design
thickness of the insulation,the installed R-value of the insulation shall not be less than the R-value specified in the table.
b. The fenestration U-factor column excludes skylights.The SHGC column applies to all glazed fenestration.Exception:Skylights may be
excluded from glazed fenestration SHGC requirements in climate zones 1 through 3 where the SHGC for such skylights does not exceed
0.30.
C. Exception:If fenestration have overhangs with projection factors,the maximum solar heat gain coefficient shall be as specified in Table
R401.2.1.
d. R402.1.2 and R402.2 allow use of R407.
e. The second R-value applies when more than half the insulation is on the interior of the mass wall.
f. Exception:R-value for mass walls are not required if:mass walls have a covering with reflectance of>0.64;mass walls have overhangs
with a projection factor equal to or greater than 0.3.CMU or similar mass walls are 6 inches or greater in thickness.
g. Exception:Jalousie windows are exempt from SHGC requirements."
(33) Subsection R402.1.2 of the International Energy Conservation Code is amended to
read as follows:
"R4021.2 Insulation and fenestration criteria (Prescriptive).
The building thermal envelope shall meet the requirements of Table
R402.1.2,
Exception: Insulation values of above-grade walls and ceilings
shall be permitted to comply with Section R407."
(34) Subsection R402.2 of the International Energy Conservation Code is amended to read
as follows:
"R402.2 Specific insulation requirements (Prescriptive).
In addition to the requirements of Section R402.1, insulation shall
meet the specific requirements of Sections R402.2.1 through
R402.2.13.
Exception: Above-grade walls and ceilings shall be permitted to
comply with Section R407."
(35) Subsection R402.2.5 of the International Energy Conservation Code is amended to
read as follows:
"R402.2.5 Mass walls. Mass walls for the purposes of this chapter
shall be considered above-grade walls of concrete block, concrete,
insulated concrete form (ICF), masonry cavity, brick(other than
brick veneer), earth (adobe, compressed earth block, rammed earth)
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and solid timber/logs, or any other walls having a heat capacity
greater than or equal to 6 Btu/ft2 x °F (123 kJ/m2 x K).
Exception: Insulation or R-value for mass walls, indicated in
Table R402.1.2, is not required when at least one of the following
conditions is met:
1. Walls have a covering with a reflectance of> 0.64.
2. Walls have overhangs with a projection factor equal to
or greater than 0.3. The projection factor is the
horizontal distance from the surface of the wall to the
farthest most point of the overhang divided by the
vertical distance from the first floor level to the bottom
most point of the overhang.
3. Concrete, CMU, and similar mass walls are 6 inches or
greater in thickness."
(36) Subsection R402.3.2 of the International Energy Conservation Code is amended to
read as follows:
"R402.3.2 Glazed fenestration SHGC. Fenestration shall have a
maximum solar heat gain coefficient as specified in Table R402.1.2.
An area-weighted average of fenestration products more than 50-
percent glazed shall be permitted to satisfy the SHGC requirements.
Exceptions:
1. Jalousie windows are exempt from SHGC
requirements.
2. If fenestrations have overhangs with projection factors,
the maximum solar heat gain coefficient shall be as
specified in Table R401.2.1.
Dynamic glazing shall be permitted to satisfy the SHGC
requirements of Table R402.1.2 provided the ratio of the higher to
lower labeled SHGC is greater than or equal to 2.4, and the dynamic
glazing is automatically controlled to modulate the amount of solar
gain into the space in multiple steps. Dynamic glazing shall be
considered separately from other fenestration, and area-weighted
averaging with other fenestration that is not dynamic glazing shall
not be permitted.
Exception:Dynamic glazing is not required to comply with this
section when both the lower and higher labeled SHGC already
comply with the requirements of Table R402.1.2."
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(37) Subsection R402.4.1.2 of the International Energy Conservation Code is amended to
read as follows:
"R402.41.2 Testing. The building or dwelling unit may be tested
and verified as having an air leakage rate not exceeding five air
changes per hour in Climate Zones 1 and 2, and three air changes
per hour in Climate Zones 3 through 8. Testing shall be conducted in
accordance with ASTM E 779 or ASTM E 1827 and reported at a
pressure of 0.2 inch w.g. (50 Pascals). Testing shall be performed at
any time after creation of all penetrations of the building thermal
envelope.
During testing:
1. Exterior windows and doors, fireplace and stove doors shall
be closed, but not sealed, beyond the intended
weatherstripping or other infiltration control measures.
2. Dampers including exhaust, intake, makeup air, backdraft
and flue dampers shall be closed, but not sealed beyond
intended infiltration control measures.
3. Interior doors, if installed at the time of the test, shall be
open.
4. Exterior doors for continuous ventilation systems and heat
recovery ventilators shall be closed and sealed.
5. Heating and cooling systems, if installed at the time of the
test, shall be turned off.
6. Supply and return registers, if installed at the time of the
test, shall be fully open."
(38) A new subsection R403.5.5 is added to the International Energy Conservation Code
to read as follows:
"R403.5.5 Solar water heating. Solar water heating systems are
required for new single-family residential construction pursuant to
section 196-6.5, Hawaii Revised Statutes.
Exception: A water heating device as approved via Solar Hot
Water Heater Variance by the Department of Business, Economic
Development& Tourism, Hawaii State Energy Office."
(39) A new subsection R404.2 is added to the International Energy Conservation Code to
read as follows:
"R404.2 Ceiling Fans. A ceiling fan, ceiling fan rough-in, or whole
house fan may be provided for bedrooms and the largest habitable
space that is not used as a bedroom."
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(40) A new subsection R404.3 is added to the International Energy Conservation Code to
read as follows:
"R404.3 Electrical vehicle charger power. An electrical rough-in
of a 30 amp circuit for future electrical vehicle charger may be
installed in garage/carport area."
(41) TABLE 405.5.2(l) of the International Energy Conservation Code is amended to read
as follows:
"TABLE R405.5.2(1)
SPECIFICATIONS FOR THE STANDARD REFERENCE AND
PROPOSED DESIGNS
BUILDING STANDARD REFERENCE DESIGN PROPOSED DESIGN
COMPONENT
Type: mass wall if proposed wall is mass;
otherwise wood frame As proposed
Above-grade walls Gross area: same as proposed As proposed
U-factor: as specified in Table R402.1.4 As proposed
Solar absorptance = 0.75 As proposed
Emittance = 0.90 As proposed
Type: same as proposed As proposed
Basement and crawl Gross area: same as proposed As proposed
space walls U-factor: from Table R402.1.4, with
insulation layer on interior side of walls As proposed
Type: wood frame As proposed
Above-grade floors Gross area: same as proposed As proposed
U-factor: asspecified in Table R402.1.4 As proposed
Type: wood frame As proposed
Ceilings Gross area: same as proposed As proposed
U-factor: asspecified in Table R402.1.4 As proposed
Type: composition shingle on wood
As proposed
sheathing
Roofs Gross area: same as proposed As proposed
Solar absorptance = 0.75 As proposed
Emittance = 0.90 As proposed
Attics' Type: vented with aperture = 1 ft2 per 300 ft2 As proposed
ceiling area
Foundations Type: same as proposed As proposed
Foundation wall area above and below grade As proposed
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and soil characteristics: same as proposed
Area: 40 ft2 As proposed
Opaque doors Orientation: North As proposed
U-factor: same as fenestration from Table As proposed
R402.1.4
Total areah=
(a) The proposed glazing area, where the
proposed glazing area is less than 15
percent of the conditioned floor area As proposed
(b) 15 percent of the conditioned floor area,
where the proposed glazing area is 15
percent or more of the conditioned floor
Vertical fenestration area
other than opaque Orientation: equally distributed to four As proposed
doors cardinal compass orientations (N, E, S & W).
U-factor: as specified in Table R402.1.4 As proposed
SHGC: as specified in Table R402.1.2 except
that for climates with no requirement(NR) As proposed
SHGC = 0.40 shall be used.
Interior shade fraction: 0.92 - (0.21 X SHGC 0.92 - (0.21 X SHGC as
for the standard reference design) proposed)
External shading: none As proposed
Skylights None As proposed
Thermally isolated None As proposed
sunrooms
Air leakage rate of 5 air changes per hour in
climate zones 1 and 2, and 3 air changes per For residences that are not
tested, the same air leakage
hour in climate zones 3 through 8 at a
pressure of 0.2 inches w.g (50 Pa). The rate as the standard
mechanical ventilation rate shall be in reference design.
addition to the air leakage rate and the same For tested residences, the
Air exchange rate as in the proposed design, but no greater than measured air exchange
0.01 X CFA + 7.5 X (Nb,.+ 1) ratea.
where: The mechanical ventilation
CFA= conditioned floor area rate shall be in addition to
Nb,=number of bedrooms the air leakage rate and
Energy recovery shall not be assumed for shall be as proposed.
mechanical ventilation.
None, except where mechanical ventilation is
specified by the proposed design, in which
Mechanical ventilation case: As proposed
Annual vent fan energy use:
kWh/yr= 0.03942 X CFA + 29.565 X
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(Nb,-+ 1)
where:
CFA= conditioned floor area
Nb,.=number of bedrooms
Internal gains IGain = 17,900 +23.8 X CFA + 4104 X Nb,. Same as standard reference
(Btu/day per dwelling unit) design
Same as standard reference
design,plus any additional
An internal mass for furniture and contents mass specifically designed
Internal mass of 8 pounds per square foot of floor area as a thermal storage
element' but not integral to
the building envelope or
structure.
For masonry floor slabs, 80 percent of floor
area covered by R-2 carpet and pad, and 20 As proposed
percent of floor directly exposed to room air.
For masonry basement walls, as proposed,
Structural mass but with insulation required by Table As proposed
R402.1.4 located on the interior side of the
walls
For other walls, for ceilings, floors, and As proposed
interior walls, wood frame construction
Fuel type: same as proposed design. As proposed
Efficiencies:
As proposed
Electric: Air-source heat pump with
prevailing federal minimum standards.
Heating systems d°e
Nonelectric furnaces: natural gas furnace As proposed
with prevailing federal minimum standards.
Nonelectric boilers: natural gas boiler with As proposed
prevailing federal minimum standards.
Capacity: sized in accordance with Section As proposed
R403.7.
Fuel type: Electric
Efficiency: in accordance with prevailing As proposed
Cooling systemsd°f federal minimum standards.
Capacity: sized in accordance with Section As proposed
R403.7.
Service water heating d, Fuel type: same as proposed design As proposed
e,f,g Efficiency: in accordance with prevailing As proposed
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federal minimum standards.
Use: Same as proposed design gal/day = 30 +
(10 x Nb,.)
Duct insulation: From Section R403.2.1
A thermal distribution system efficiency
(DSE) of 0.88 shall be applied to both the
heating and cooling system efficiencies for As tested or as specified in
Thermal distribution all systems other than tested duct systems. Table R405.5.2(2) if not
systems tested. Duct insulation
For tested duct systems, the leakage rate
shall be 4 cfm (113.3 L/min)per 100 ftp shall be as proposed.
(9.29 m') of conditioned floor area at a
pressure of differential of 0.1 inches w.g. (25
Pa).
Type: Manual, cooling temperature setpoint
Thermostat =75°F; Same as standard reference
Heating temperature setpoint= 72°F
For SL 1 square foot=0.93 m�, 1 British thermal unit= 1055 J, 1 pound per square foot=4.88 kg/m�,
1 gallon(US)=3.785 L,°C=(°F-32)/1.8, 1 degree=0.79 rad.
a. Where required by the code official,testing shall be conducted by an approved party. Hourly
calculations as specified in the ASHRAE Handbook of Fundamentals,or the equivalent shall be
used to determine the energy loads resulting from infiltration.
b. The combined air exchange rate for infiltration and mechanical ventilation shall be determined in
accordance with Equation 43 of 2001 ASHRAE Handbook of Fundamentals,page 26.24 and the
"Whole-house Ventilation"provisions of 2001 ASHRAE Handbook of Fundamentals,page 26.19
for intermittent mechanical ventilation.
C. Thermal storage element shall mean a component not part of the floors,walls or ceilings that is
part of a passive solar system,and that provides thermal storage such as enclosed water columns,
rock beds,or phase-change containers.A thermal storage element must be in the same room as
fenestration that faces within 15 degrees(0.26 rad)of true south,or must be connected to such a
room with pipes or ducts that allow the element to be actively charged.
d. For a proposed design with multiple heating,cooling or water heating systems using different fuel
types,the applicable standard reference design system capacities and fuel types shall be weighted
in accordance with their respective loads as calculated by accepted engineering practice for each
equipment and fuel type present.
e. For a proposed design without a proposed heating system,a heating system with the prevailing
federal minimum efficiency shall be assumed for both the standard reference design and proposed
design.
f. For a proposed design home without a proposed cooling system,an electric air conditioner with
the prevailing federal minimum efficiency shall be assumed for both the standard reference design
and the proposed design.
g. For a proposed design with a nonstorage-type water heater,a 40-gallon storage-type water heater
with the prevailing federal minimum energy factor for the same fuel as the predominant heating
fuel type shall be assumed. For the case of a proposed design without a proposed water heater,a
40-gallon storage-type water heater with the prevailing federal minimum efficiency for the same
fuel as the predominant heating fuel type shall be assumed for both the proposed design and
standard reference design.
h. For residences with conditioned basements,R-2 and R-4 residences and townhouses,the following
formula shall be used to determine glazing area:
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AF—As XFA XF
where:
AF=Total glazing area
A,S =Standard reference design total glazing area.
FA=(Above-grade thermal boundary gross wall area)/(above-grade boundary wall area+0.5 X
below-grade boundary wall area).
F=(Above-grade thermal boundary wall area)/(above-grade thermal boundary wall area+
common wall area)or 0.56,whichever is greater.
and where:
Thermal boundary wall is any wall that separates conditioned space from unconditioned space or
ambient conditions.
Above-grade thermal boundary wall is any thermal boundary wall component not in contact with
soil.
Below-grade boundary wall is any thermal boundary wall in soil contact.
Common wall area is the area of walls shared with an adjoining dwelling unit.
L and CFA are in the same units.
i. Unvented Attic Spaces.The attic space shall be permitted to be unvented when the design
professional determines it would be beneficial to eliminate ventilation openings to reduce salt-
laden air and maintain relative humidity 60 percent or lower to:
(1) Avoid corrosion to steel components,
(2) Avoid moisture condensation in the attic space,or
(3) Minimize energy consumption for air conditioning or ventilation by maintaining satisfactory
space conditions in both the attic and occupied space below."
(42) A new section R407 is added to the International Energy Conservation Code to read
as follows:
"SECTION R407
POINTS OPTION
R4071 General(Prescriptive). Above-grade walls and roofs are
permitted to comply with the points option as an alternative to
complying with Sections R4012.1, R402.12 and R4022.
R407.2 Requirements. One or more efficiency measures shall be
selected for roof and above-grade wall systems from Table R407.1
that cumulatively equal or exceed 0 (zero)points. As an alternative,
above-grade walls and roofs are permitted to comply separately by
scoring 0 (zero) or greater.
TABLE R4071
POINTS OPTION
Standard Tropical
Home Home
Points Points
Wood Framed
Roof Insulation R-19 Roof Insulation -1 0
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(Must choose 1) R-19 Roof Insulation+ Cool roof
membrane' or Radiant Barrien 0 1
R-19 Roof Insulation+ Attic 0 1
Venting'
R-30 Roof Insulation 0 1
R-13 Cavity Wall Insulation 0 1
R-13 Wall Insulation +high 1 2
reflectance walls'
Wall Insulation R-13 Wall Insulation + 90% high
(Must choose 1) efficacy lighting and Energy Star 1 2
Appliances'
R-13 Wall Insulation + exterior 1 2
shading wpf=0.36
Ductless Air Conditioner' 1 1
1.071 X Federal Minimum SEER 1 1
Mechanical/Electrical Systems for Air Conditioner
(Choose ONLY if applies to 1.142 X Federal Minimum SEER 2 2
scope of work) for Air Conditioner
No air conditioning installed t 2
Applicable
2
able
House floor area< 1,000 SF 1 1
Must choose if applies to new House floor area>2,500 SF -1 -1
construction and/or additions Energy Star Fans8 1 1
(House floor area to be Install 1 kW or greater of solar 1 1
considered as existing dwelling electric
size plus new square footage) Reduce fenestration from 14%to Not -1
10% Applicable
Metal Framed
R-13 +R 3 Wall Insulation 0 1
R-13 cavity Wall Insulation +R-0 -1 0
R-13 Wall Insulation +high 0 1
Wall Insulation reflectance walls'
(Must choose 1) R-13 Wall Insulation + 90% high
efficacy lighting and Energy Star 1 2
Appliances'
R-13 Wall Insulation + exterior 0 1
shading wpf=0.36
R-30 Roof Insulation 0 1
R-19 Roof Insulation -1 0
Roof Insulation R-19 + Cool roof membrane' or 0 1
(Must choose 1) Radiant Barrien
R-19 Roof Insulation+ Attic 0 1
Ventin 2
Mechanical /Electrical Systems Ductless Air Conditioner' 1 1
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(Choose ONLY if applies to 1.071 X Federal Minimum SEER 1 1
scope of work) for Air Conditioner
1.142 X Federal Minimum SEER 2 2
for Air Conditioner
No air conditioning installed c 2
Applicable
p
House floor area< 1,000 SF 1 1
Must choose if applies to new House floor area>2,500 SF -1 -1
construction and/or additions Energy Star Fans? 1 1
(house floor area to be Install 1 kW or greater of solar 1 1
considered as existing dwelling electric
size plus new square footage) Reduce fenestration from 14%to Not -1
10% Applicable
SF=Square Feet
1 Cool roof with three-year aged solar reflectance of 0.55 and 3-year aged thermal emittance of 0.75
or 3-year aged solar reflectance index of 64.
2 One cfm/ft2 attic venting.
3 Radiant barrier shall have an emissivity of no greater than 0.05 as tested in accordance with
ASTM E-408.The radiant barrier shall be installed in accordance with the manufacturer's
installation instructions.
4 Walls with covering with a reflectance of>0.64.
5 Energy Star rated appliances include refrigerators,dishwashers,and clothes washers and must be
installed for the final inspection.
6 The wall projection factor is equal to the horizontal distance from the surface of the wall to the
farthest most point of the overhang divided by the vertical distance from the first floor level to the
bottom most point of the overhang.
7 All air conditioning systems in the house must be ductless to qualify for this credit.
8 Install ceiling fans in all bedrooms and the largest habitable space that is not used as a bedroom."
(43) Subsection R501.4 of the International Energy Conservation Code is amended to read
as follows:
"R501.4 Compliance.Alterations, repairs, additions and changes of
occupancy to, or relocation of, existing buildings and structures shall
comply with the provisions and regulations for alterations, repairs,
additions and changes of occupancy or relocation, as adopted by the
code official."
(44) Subsection R502.1. of the International Energy Conservation Code is amended to read
as follows:
"R502.1 General. Additions to an existing building, building
system or portion thereof shall conform to the provisions of this
code as those provisions relate to new construction without requiring
the unaltered portion of the existing building or building system to
comply with this code. Additions shall not create an unsafe or
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hazardous condition or overload existing building systems. An
addition shall be deemed to comply with this code where the
addition alone complies, where the existing building and addition
comply with this code as a single building, or where the building
with the addition uses no more energy than the existing building.
Additions shall be in accordance with Section R502.1.1 or R502.1.2.
Exceptions:
1. When addition includes unconditioned space that does not
contain habitable space.
2. When both the existing building and addition are entirely
comprised of habitable unconditioned space if total square
footage does not increase more than 1,100 square feet."
(45) Subsection R503.1.1 of the International Energy Conservation Code is amended to
read as follows:
"R.50311 Building envelope. Building envelope assemblies that
are part of the alteration shall comply with Section R402.1.2 or
R402.1.4, Sections R402.2.1 through R402.2.13, R402.3.1,
R402.3.2, R402.4.3 and R402.4.4.
Exception:
The following alterations need not comply with the requirements for
new construction provided the energy use of the building is not
increased:
1. Storm windows installed over existing fenestration.
2. Existing ceiling, wall or floor cavities exposed during construction
provided that these cavities are filled with insulation.
3. Construction where the existing roof, wall or floor cavity is not
exposed.
4. Roof recover.
5. Roof replacement of uninsulated roofs which include at least one of
the following:
a. Energy Star compliant roof covering;
b. Radiant barrier; or
c. Attic ventilation via solar attic fans or ridge ventilation or gable
ventilation.
6. Surface-applied window film installed on existing single pane
fenestration assemblies to reduce solar heat gain provided the code
does not require the glazing or fenestration assembly to be replaced."
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(46) Subsection R503.2 of the International Energy Conservation Code is amended to read
as follows:
"R503.2 Change in space conditioning.
Any nonconditioned or low-energy space that is altered to become
conditioned space shall be required to be brought into full
compliance with this code.
Exceptions:
1. Where the simulated performance option in Section R405 is
used to comply with this section, the annual energy cost of
the proposed design is permitted to be 110 percent of the
annual energy cost otherwise allowed by Section R405.3.
2. When specified in the tropical zone, and the total
conditioned space does not exceed 50% of the habitable
floor area, and, R-19 is installed over the conditioned space,
and Split ductless air conditioner systems with a SEER
rating in the top 25% of readily available units are
installed."
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SECTION 7. The Hawaii County Code 1983 (2016 Edition, as amended) is amended by
adding a new chapter, relating to the plumbing code, to be designated chapter 517, and to read as
follows:
"CHAPTER 5F. PLUMBING CODE.
Article 1. General Provisions.
Section 5F-1-1. Title.
This chapter shall be known as the "plumbing code." {17-1(a).)
Section 5F-1-2. Purpose.
The purpose of this chapter is to provide for the protection of the public health and safety
by establishing minimum standards for the installation, alteration, or repair of plumbing, gas, and
drainage systems and the inspection thereof in the County. {17-1(b).)
Section 5F-1-3. Scope; exceptions.
This chapter shall apply to all new construction, relocated buildings, and to any alterations,
repairs, or reconstruction within the property lines of the premises,within the County inland of
the shoreline high-water line. Exceptions to these minimum requirements are listed below:
{17-2.)
This chapter shall not apply to:
(1) Work or installations not covered by the Uniform Plumbing Code, 2012 Edition, as
adopted by the Hawaii State Plumbing Code;
(2) Work on buildings or premises owned by or under the direct control of the Federal
government;
(3) Work in public State or County road right-of-ways for utility installations and
mechanical equipment not specifically regulated in this code where installed:
(A) Outside the proposed premises or boundary lines in a subdivision under
development; or
(B) In an approved subdivision, where the work is in planned or actual roadways or
other common infrastructure areas;
(4) Pursuant to section 448E-13, Hawaii Revised Statutes, work by employees of a
public utility within the State under a franchise or charter granted by the State which
is regulated by the public utilities commission and community antennae television
company, while so employed;
(5) Plumbing work related to work regulated by chapter 397, Hawaii Revised Statutes,
relating to boilers and pressure vessels; and
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(6) Agricultural buildings, structures, and appurtenances without electrical power and
plumbing systems are exempt from permit and construction code requirements,
pursuant to section 46-88, Hawaii Revised Statutes, except as otherwise provided for
in this construction code. No plumbing systems shall be connected to a building or
structure without first obtaining a permit for plumbing work. {17-2.)
Section 5F-1-4. Administrative provisions.
Provisions relating to permitting, enforcement, inspection, and other administrative
procedures pertaining to this chapter are contained in chapter 5, the construction administrative
code.
Section 5F-1-5. Existing plumbing installations.
Plumbing installations in existence and permitted pursuant to applicable laws and standards
in effect when the plumbing work thereon was performed, shall not be deemed to be in violation
of subsequent changes to applicable laws or standards, provided that such installations shall be
subject to the provisions of section 5-2-3 of the construction administrative code. {9-3(4), 9-4.)
Section 5F-1-6. Definitions.
As used in this chapter, unless it is apparent from the context that a different meaning is
intended:
"Accessory structure" means a structure not greater than 3,000 square feet(279 m') in
floor area, and not over two stories in height, the use of which is customarily accessory to and
incidental to that of the dwelling and which is located on the same lot.
"Authority having jurisdiction" means the director of the department of public works, or
the director's authorized representative. {17-3, 203 UPC.)
"Building" means any structure used or intended for supporting or sheltering any use or
occupancy. The term shall include but not be limited to, any structure mounted on wheels such
as a trailer, wagon, or vehicle which is parked and stationary for any 24-hour period, and is used
for business or living purposes;provided, however, that the term shall not include a push cart or
push wagon which is readily movable and which does not exceed 25 square feet in area,
nor shall the term include a trailer or vehicle, used exclusively for the purpose of selling any
commercial product therefrom, which hold a vehicle license and actually travels on public or
private streets.
"Certified medical gas installer"means a qualified installer who has successfully passed
a National Inspection Testing Certification Service competency examination in accordance with
the ASSE Series 6000 Standard, section 6010.
"Certified medical gas verifier"means a qualified installer who has successfully passed a
National Inspection Testing Certification Service competency examination in accordance with
the ASSE Series 6000 Standard, Section 6030.
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"This code"means the plumbing code, contained in chapter 517, or the construction
administrative code, contained in chapter 5, or both, as the context requires.
"Construction code" means collectively: chapter 5, the construction administrative code;
chapter 5A, the commercial building code; chapter 5D, the electrical code; chapter 5E, the
energy conservation code; chapter 517, the plumbing code; and all administrative rules adopted
pursuant to these chapters.
"Director"means the director of public works of the County of Hawaii or the director's
duly authorized representative.
"Dwelling"means any building that contains one or two dwelling units used, intended, or
designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for
living purposes.
"Dwelling unit" means a single unit providing complete independent living facilities for
one or more persons, including permanent provisions for living, sleeping, eating, cooking, and
sanitation.
"Engineer"means a person who is licensed and in good standing as a professional
engineer in the State of Hawaii. {23.3(14).)
"Existing building" means a building erected prior to the effective date of this chapter, or
one for which a legal permit has been issued.
"Existing structure" means a structure erected prior to the effective date of this chapter, or
one for which a legal permit has been issued.
"IAPMO" means the International Association of Plumbing and Mechanical Officials.
{HSPC.)
"Permit" means a formal authorization issued by the authority having jurisdiction that
authorizes performance of specified work,pursuant to the following chapters:
(1) 5, the construction administrative code;
(2) 5A, the commercial building code;
(3) 5D, the electrical code;
(4) 5E, the energy conservation code; and
(5) 517, the plumbing code.
"Person" means any individual, firm,partnership, association, or corporation, or its or their
successors or assigns, according to the context thereof. {9-5.)
"Plumbing work"means the design, installation, alteration, construction, reconstruction,
or repair of plumbing, gas, and drainage systems. 117-1(b), HSPC.}
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"Section"means a section of a chapter of the Uniform Plumbing Code. {HSPC.)
"UPC"means the Uniform Plumbing Code as published by the International Association
of Plumbing and Mechanical Officials. {HSPC.)
Section 5F-1-7. Compliance required.
(a) No person shall perform or cause to be performed any plumbing work which does not
comply with the provisions of this code or any permit issued pursuant to this code. {9-
15(a).)
(b) No person shall perform any work covered by this code in violation of the provisions of
chapter 448E, Hawaii Revised Statutes. {17-21(a).)
(c) Any approval or permit issued pursuant to the provisions of this code shall comply with all
applicable requirements of this code. {17-9.)
(d) The granting of a permit, variance, or approval of plans or specifications pursuant to this
code does not dispense with the necessity to comply with any applicable law to which a
permit holder may also be subject. 117-9, 17-18(d).)
Section 5F-1-8. Conflict.
(a) If any provisions of this code conflict with or contravene provisions of the Hawaii State
Plumbing Code or the Uniform Plumbing Code that have been incorporated by reference,
the provisions of this code shall prevail as to all matters and questions arising out of the
subject matter of such provisions. {17-4.)
(b) In situations where two or more provisions of this code and any applicable law, other than
those provided for in subsection (a), cover the same subject matter, the stricter shall be
complied with.
Article 2. Installation Requirements.
Section 5F-2-1. Uniform plumbing code adopted.
The Uniform Plumbing Code, 2012 Edition,published by the International Association of
Plumbing and Mechanical Officials, 5001 E. Philadelphia Street, Ontario, CA 91761-2816,
including appendices, is incorporated by reference and made a part of this code, subject to any
amendments hereinafter set forth in this chapter.
(a) The scope, technical specifications, and exemptions set forth in the Uniform Plumbing
Code, 2012 Edition, are hereby adopted as the standard for plumbing work covered by this
code, provided there are no specific provisions in any other section of this code covering
the particular matter.
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(b) A copy of the Uniform Plumbing Code, 2012 Edition, shall be available for public
inspection at the Hilo and Kailua-Kona offices of the department of public works and at the
office of the County clerk.
(c) This incorporation by reference includes all parts of the Uniform Plumbing Code, 2012
Edition, subject to the amendments hereinafter set forth.
(1) Section 204.0 of the Uniform Plumbing Code is amended by amending the definition
of`Building Drain"to read as follows:
"Building Drain. That part of the lowest piping of a drainage system that receives the
discharge from soil, waste, and other drainage pipes inside the walls of buildings and
conveys it to the building sewer beginning [ ] five (5) feet(1524 mm)
outside the building wall." {HSPC.)
(2) Section 210.0 of the Uniform Plumbing Code is amended by adding a new definition
of"Health Officer"to read as follows:
"Health Officer. Health Officer shall mean the director of health of the department
of health, State of Hawaii, or the director's authorized agent." {HSPC.)
(3) Section 221.0 of the Uniform Plumbing Code is amended by adding a new definition
of"Single Stack Vent System"to read as follows:
"Single Stack Vent System. A specially designed plumbing system wherein a
common stack serves as a drainage pipe as well as a vent pipe." {HSPC.)
(4) A new subsection 313.8 is added to the Uniform Plumbing Code to read as follows:
"313.8 Seismic Supports. Where earthquake load are applicable in accordance with
the building code,plumbing piping supports shall be designed and installed for the
seismic forces in accordance with the building code." {HSPC.)
(5) Subsection 402.5 of the Uniform Plumbing Code is amended to read as follows:
"402.5 Setting. Fixtures shall be set level and in proper alignment with reference to
adjacent walls. No water closet or bidet shall be set closer than 15 inches (381 mm)
from its center to a side wall or obstruction nor closer than 30 inches (762 mm) center
to center to a similar fixture. The clear space in front of[a] aM water closet [or],
bidet, and lavatory, shall not be [set elese ] less than [
^ntef to ^ side wall of paftitieft fief elesef th-and 24 inches (610mm)which may
include adjoining floor area [center to ^er*erl."
(6) Section 422.0 and Table 422.1 of the Uniform Plumbing Code are repealed in their
entirety.
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(7) The Uniform Plumbing Code is amended by adding a new section 422.0 to read as
follows:
"422.0 Minimum Number of Required Fixtures. Plumbing fixtures shall be
provided for the type of building occupancy and in the minimum number required in
Chapter 29 of the International Building Code." {HSPC.)
(8) Subsection 507.13 of the Uniform Plumbing Code is amended by adding the
following Exception to the end thereof, to read as follows:
"EXCEPTION:
(1) Water heaters may be installed at floor level in carports having one
hundred(100)percent opening on one side and fifty (50)percent net
opening on another side or the equivalent of such openings on two or
more sides, provided the adjacent ground level is at or below the
flow level of the carport.
(2) Fuel burning water heaters having sealed combustion chambers may
be installed at floor level.
(3) Electric water heaters in _gara_eg s may may be installed at floor level."
(9) A new subsection 508.4.5 is added to the Uniform Plumbing Code to read as follows:
"508.4.5 Access. Every attic, mezzanine, or platform more than 16 feet(4.9 meters)
above the ground floor level shall be accessible by a stairway or ladder permanently
fastened to the building."
(10) Subsection 604.11 of the Uniform Plumbing Code is amended to read as follows:
"Lead Content. [Watef ripe and fittings with „ lead »tort whieh o eeds 8 pe ori
shall be pfohibited; -' s used to eefivey potable, atef.] The maximum
allowable lead content in pipes, pipe fittings, plumbingfittings,ittings, and fixtures intended
to convey or dispense water for human consumption shall be not more than a
weighted average of 0.25 percent with respect to the wetted surfaces of pipes, pipe
fittings,plumbingfittings,ittings, and fixtures. For solder and flux, the lead content shall be
not more than 0.2 percent where used in piping systems that convey or dispense water
for human consumption.
Exceptions:
(1) Pipes,pipe fittings,plumbingfittings,ittings, fixtures or backflow preventers used for
nonpotable services such as manufacturing, industrial processing, irrigation,
outdoor watering, or any other uses where the water is not used for human
consumption.
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(2) Water closets, bidets, urinals, fill valves, flushometer valves, tub fillers,
shower valves, service saddles, or water distribution main gate valves that are
2 inches (50 mm) in diameter or larger." {HSPC.}
(11) Subsection 608.3 of the Uniform Plumbing Code is amended by adding a third
sentence to the first paragraph to read as follows:
"Cylinder Expansion Tanks more than twenty-four (24) inches in vertical height, shall
be secured against seismic movements within the upper top one third(1/3) of it's
vertical dimensions."
(12) Subsection 715.1 of the Uniform Plumbing Code is amended to read as follows:
"715.1 Materials. The building sewer, beginning [2 foot(6 10 mm`] 5 feet(1524
mm) from [ ] a building or structure shall be of such materials as prescribed in this
code." {HSPC.)
(13) A new subsection 911.3 is added to the Uniform Plumbing Code to read as follows:
"911.3 Single Stack System. When approved by the administrative authority, a
single-stack system based on engineered studies and tests may be used in lieu of other
related provisions in this code. Plans and specifications of such systems shall be
prepared and stamped by a Hawaii licensed mechanical engineer." {911.0 HSPC.)
(14) Subsection 1101.11.1 of the Uniform Plumbing Code is amended to read as follows:
"1101.11.1 Primary Roof Drainage. Roof areas of a building shall be drained by
roof drains or gutters. The location and sizing of drains and gutters shall be
coordinated with the structural design and pitch of the roof. Unless otherwise
required by the Authority Having Jurisdiction, roof drains, gutters, vertical
conductors or leaders, and horizontal storm drains for primary drainage shall be sized
based on a storm of 60 minutes duration and 100 year return period. Refer to [fie
D ' 1 (if Appendix D)] the National Weather Service rainfallmap for 100 year, 60
minute storms at various locations." {HSPC.)
(15) Subsection 1211.5 of the Uniform Plumbing Code is amended by adding a third
sentence to read as follows:
"Ground joint unions may only be used at exposed fixture, appliance, or equipment
connections and in exposed exterior locations immediately on the discharge side of a
building shutoff valve. Heavy duty flanged type unions may be used in special cases,
when first approved by the administrative authority. Bushings shall not be used in
concealed locations."
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(16) A new subsection 1212.2 is added to the Uniform Plumbing Code to read as follows:
"Anchored or strapped. Liquified Petroleum Gas Cylinder Tank Facilities more
than 24 inches in vertical height, shall be secured against seismic movements within
upper top-third(1/3) of its vertical dimensions."
(17) A new subsection 1301.4 is added to the Uniform Plumbing Code to read as follows:
"The provisions of`Part 1 - Special Requirements for Health Care Facilities' shall be
for REFERENCE ONLY, FOR DESIGN AND CONSTRUCTION. This section will
not be regulated or enforced by the County of Hawai`i."
(18) Subsection 1309.1 of the Uniform Plumbing Code is amended to read as follows:
"General. The provisions [i e fei,, shall apply to the installation, testing, n
^re faeiliti ] of`Part 11 - Medical Gas and Vacuum Systems' shall be for
REFERENCE ONLY, FOR DESIGN AND CONSTRUCTION. This section will not
be regulated or enforced by the County of Hawaii. Installation of medical gas and
vacuum piping shall be conducted by qualified Medical Gas Installers meeting the
requirements of ASSE 6010. Testing and verification shall be conducted by `Certified
Medical Gas System Verifier' in accordance with ASSE 6030."
(19) Section 1326.0 of the Uniform Plumbing Code is amended by replacing "Authority
Having Jurisdiction"with "Certified Medical Gas Verifier"throughout subsections
1326.1 through 1326.15.
(20) Subsection 1327.3 of the Uniform Plumbing Code is amended to read as follows:
"1327.3 Reports. The inspection and testing reports shall be submitted directly to the
party that contracted for the testing, who shall submit the report through channels to
the responsible facility authority and others that are required.
Reports shall contain detailed listings of findings and results. [NFPA
99:5.1.12.1.6, 5.1.12.1.7]
The licensed mechanical engineer responsible for the design and observation of
the system shall provide a statement that the certification tests of section 1326.0 as
applicable, have been verified and to the best of such engineer's knowledge complies
with the installation requirements."
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(21) Table 1401.1 of the Uniform Plumbing Code is amended by adding the following
standards to be inserted between Standard Number SAE-J1670-2008 and TCNA
A 118-10-2011:
Standard Standard Title Application Referenced
Number Sections
State of Hawaii- Standard Details for Public
Rev. Sept.2000 Works Construction Various Various
State of Hawaii- Water System Standards Various Various
2002
{HSPC.)
(22) Subsection 1601.3 of the Uniform Plumbing Code is amended to read as follows:
"1601.3 Permit or Approval.
It shall be unlawful for [a] aM person to construct, install, alter, or cause to be
constructed, installed, or altered [an] any alternate water source system in a building
or on a [pfennise] rep mises without first obtaining a permit or approval to do such work
from the Authority Having Jurisdiction.
Exceptions:
(1) A permit is not required for exterior rainwater catchment systems used for
outdoor drip and subsurface irrigation with a maximum storage capacity of
360 gallons (1363 L).
(2) A plumbing permit is not required for rainwater catchment systems for single
family dwellings where outlets,piping, and system components are located on
the exterior of the building. This does not exempt the need for permits where
required for electrical connections, tank supports, or enclosures."
{HSPC.)
(23) Subsection 1602.7 of the Uniform Plumbing Code amended by amending the first
paragraph to read as follows:
"1602.7 Drawings and Specifications. The Authority Having Jurisdiction shall
require the following information to be included with or in the plot plan before a
permit or approval is issued for a gray water system, or at a time during the
construction thereof:" {HSPC.)
(24) Appendix D of the Uniform Plumbing Code, "Sizing Storm Water Drainage
Systems," is deleted in its entirety.
(25) Appendix E of the Uniform Plumbing Code, "Manufactured/Mobile Home Parks and
Recreational Vehicle Parks," is deleted in its entirety.
(26) Appendix F of the Uniform Plumbing Code, "Firefighter Breathing Air
Replenishment Systems," is deleted in its entirety.
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(27) Appendix G of the Uniform Plumbing Code is amended by amending its title to read
as follows:
"APPENDIX G
SIZING OF VENTING SYSTEMS SERVING APPLIANCES EQUIPPED WITH
DRAFT HOODS, CATEGORY I APPLIANCES,AND APPLIANCES LISTED
FOR USE WITH TYPE B VENTS
FOR REFERENCE ONLY
(The content of this Appendix is based on Annex G of NFPA 54)"
(28) Appendix H of the Uniform Plumbing Code, "Private Sewage Disposal Systems," is
amended by amending its title to read as follows:
"APPENDIX H
COMMERCIAL OR INDUSTRIAL SPECIAL LIQUID WASTE DISPOSAL
FOR REFERENCE ONLY"
Article 3. Plumbing work within special flood hazard areas.
Section 5F-3-1. General applicability.
(a) The provisions of this article shall apply to the: installation of any new plumbing system; or
the renovation and major alteration, addition, or reinstallation of any existing plumbing
system within a special flood hazard area as identified by chapter 27, Hawaii County
Code. All installations shall comply with chapter 27, Floodplain Management.
(b) The provisions of this article shall not apply to the following:
(1) Any plumbing system serving a building or structure exempted from chapter 27;
(2) Any plumbing system serving a building or structure which has been granted a flood
control variance pursuant to article 2, chapter 27; or
(3) Any plumbing system lawfully existing prior to November 8, 1993, subject to the
provisions of chapter 27.
{17-50.)
Section 5F-3-2. Definitions.
As used in this article, unless it is apparent from the context that a different meaning is
intended:
"Base flood elevation" means the water surface elevation of the base flood." {27-12.}
"Flood or flooding"means:
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(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 or runoff of surface waters from any
source; or
(C) Mudslides (i.e., mudflows)which are approximately caused by flooding as
defined in paragraph (1)(B) of this definition and are akin to a river of 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
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. {27-12.}
"Special flood hazard area"means an area having special flood or flood-related erosion
hazards, and shown on the Flood Insurance Rate Maps as Zones A, AO, AE, A99, AH, VE, or
V." {27-12.}
Section 5F-3-3. Drainage (plumbing) systems.
(a) Drainage systems that have openings below the base flood elevation shall be provided with
an automatic backwater valve installed in each discharge line passing through a building
exterior wall, except backwater valves may be deleted if the fixture drainage openings are
located at or above a floor level which is above the surrounding ground level.
(b) Drainage systems for emergency servicing facilities that are required to remain in operation
during a flood shall be provided with a sealed holding tank and the necessary isolation and
diversion piping and appurtenances to withhold or postpone sewage discharge to the sewer
system during the flood. The holding tank shall be sized for storage of at least one hundred
fifty percent of the anticipated demand for a twenty-four hour period. Vents provided for
such holding tank shall terminate at an elevation of at least one foot above the base flood
elevation.
(c) All pipes in a plumbing vent system shall terminate at an elevation of at least one foot above
the base flood elevation.
(d) All pipe openings through exterior walls below the base flood elevation shall be
floodproofed to prevent infiltration of flood water through spaces between pipes and wall
construction materials by use of embedded collars, sleeves, waterstops, or other means as
may be approved by the authority having jurisdiction. {17-53.)
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Section 5F-3-4. Private sewage disposal/treatment.
An individual private sewage disposal system or a treatment facility may be permitted in a
special flood hazard area when the design and location of such system or facility is approved by
the State department of health. In addition to complying with public health regulations and
administrative rules of the State department of health, any such new or replacement sewage
disposal system shall be designed to minimize or eliminate infiltration of flood waters into the
system and discharges from the system into flood waters. {17-54.)
Section 5F-3-5. Water supply systems.
(a) Potable water supply systems that are located in a special flood hazard area shall be
designed and installed in such a manner as to prevent contamination from flood waters up to
the base flood elevation. Location and construction of private water supply wells shall
comply with rules and regulations of the department of water supply of the County of
Hawaii.
(b) Potable water supply tanks, filters, softeners, heaters, and all water-supplied appliances and
fixtures located below the base flood elevation shall be protected against contamination by
covers, walls, copings, or castings. All vent pipes serving the water supply system shall
terminate at an elevation of at least one foot above the base flood elevation.
(c) Backflow preventers or devices approved by the department of water supply shall be
installed on water service lines as close to the property control valve as possible to protect
the public water system from backflow or back siphonage of flood waters or other
contaminants in the event of a line break. Devices shall be installed at accessible locations
and shall be maintained in good working condition by the owner. The backflow preventers
or devices shall be subject to periodic testing as prescribed in the rules and regulations of the
department of water supply.
(d) An approved double-check valve assembly shall be used in lieu of any vacuum breaker,
permitted, or otherwise required under this chapter when located below the regulatory flood
elevation.
(e) Air relief valves are permitted on private pipelines only when installed at least one foot
above the base flood elevation. {17-55.)
Section 5F-3-6. Plumbing piping under buildings.
Plumbing piping under buildings constructed on stilts shall be securely anchored against
lateral movement and flotation and protected against damage by flood water and debris.
Protection shall be provided by the structural enclosure of such piping or by attaching such
piping to the downstream side of structural members which are large enough to provide this
protection. {17-56.)
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SECTION 9. The amendments to the International Building Code, 2006 Edition, the
National Electrical Code, 2017 Edition, the International Energy Conservation Code,2015
Edition, and the Uniform Plumbing Code,2006 Edition, as set forth in this ordinance, are indicated
through the use of Ramseyer formatting. 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 10. 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 which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 11. Work performed under a permit issued before the effective date of this
ordinance and which is inspected on or after the effective date shall be approved if it meets the
requirements of either this code or the code being replaced by this ordinance.
SECTION 12. This ordinance shall apply to all applications for permits to be issued
pursuant to chapters 5, 9, and 17, Hawaii County Code,that are deemed complete by the
Department of Public Works on or after the effective date of this ordinance. An application
accepted before the effective date shall be approvable if it meets the requirements of either this
ordinance or the code being replaced by this ordinance.
SECTION 13. This ordinance shall take effect upon its approval, but nothing in this
ordinance shall be construed to prohibit any person from complying with the provisions of this
article and any amendments thereto adopted prior to the enactment of this ordinance.
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