HomeMy WebLinkAboutSupplement 09
SUPPLEMENT 9 (1-2021)
Insertion Guide
Hawai‘i County Code1983 (2016Edition)
Volumes 1 -3
(Covering general ordinances effective through 12-31-20 and
numbered through 20-96)
This supplement consists of reprinted pages replacing existing pages in
the Hawai‘i County Code 1983 (2016 Edition). Remove the pages listed in the
column headed “Remove Pages” and replace them with the pages listed in the
column headed “Insert Pages.” This insertion guide should be retained as a
permanent record of pages supplemented and filed in Volume 3, behind the
“Supplement Insert Guides” tab.
Remove Pages Insert Pages
VOLUME 1
Vol. 1 Cover Page Vol. 1 Cover Page
Chapter 2 Administration
ix –x ix – x
2-19 – 2-20 2-19 – 2-20
2-85 – 2-88 2-85 – 2-88
Chapter 3 Signs
i – ii i – ii
3-13 – 3-14 3-13 – 3-14
Chapter 5 Building
Tab “5. Building” --
i – iv --
5-1 – 5-135 --
Chapter 5 Construction Administrative Code
Tab“5.
--
Construction
Administrative
Code”
-- i – iv
-- 5-1 –5-50
Chapter 5ABuilding Code
-- Tab “5A. Building”
-- i – ii
-- 5A-1 – 5A-86
Chapter 5D Electrical Code
Tab “5D.
--
Electrical”
-- i
-- 5D-1 – 5D-6
Chapter 5E Energy Conservation Code
Tab“5E. Energy
-- Conservation”
-- i
-- 5E-1 – 5E-30
Chapter 5F Plumbing Code
Tab
-- “5F. Plumbing”
-- i
-- 5F-1 – 5F-13
Chapter 9Electricity
Tab “9. Electricity” Tab “9. Reserved”
i – ii --
9-1 – 9-23 9-1
2
Chapter 14 General Welfare
v – vi v – vi
14-3 – 14-4 14-3 – 14-4
14-47 – 14-50 14-47 – 14-50
14-57 14-57 – 14-61
Chapter 15 Parks and Recreation
15-23 – 15-26 15-23 – 15-26
Chapter 17Plumbing
Tab
“17. Plumbing” Tab “17. Reserved”
i – ii --
17-1 – 17-34 17-1
VOLUME 2
Vol. 2 Cover Page Vol. 2 Cover Page
Chapter 20 Refuse
Tab“20. Inte-
grated Solid Waste
Tab “20. Refuse” Management”
i – ii i – ii
20-1 – 20-24 20-1 – 20-9
Chapter 25 Zoning
25-1 – 25-2 25-1 – 25-2
25-11 – 25-14 25-11 – 25-14.2
25-51 – 25-52 25-51 – 25-52
25-69 – 25-70 25-69 – 25-70
25-115 – 25-120 25-115 – 25-120
Chapter 25 Zoning Annexes
25A-25 – 25A-26 25A-25– 25A-26
25A-127 – 25A-128 25A-127 – 25A-128
3
VOLUME 3
Vol. 3 Cover Page Vol. 3 Cover Page
Index
I-1 – I-122 I-1
Legislative History
T-1 –T-6T-1–T-6
T-27 –T-28T-27–T-28
Supplement Insert Guide
Supp. 9 Insertion
Guide
--
4
THE HAWAI‘I COUNTY CODE
1983 (2016 Edition, as amended)
Update to include: Supplement 9 (1-2021)
Contains ordinances effective through: 12-31-2020
A CODIFICATION OF THE GENERAL ORDINANCES
OF THE COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
Office of the County Clerk
County of Hawai‘i
25 Aupuni Street
Hilo, Hawai‘i 96720
(808) 961-8255
Volume One
Article 38. Claims and Actions Against County Officers,
Employees and Former Employees.
Section 2-188. Defense by the County; punitive damages.
Article 39. Workforce Innovation and Opportunity Act Program.
Section 2-189. Established.
Section 2-190. Purpose.
Section 2-191. Powers and duties.
Section 2-192. Workforce innovation and opportunity board.
Section 2-193. Creation of fund.
Section 2-194. Funding.
Section 2-195. Expenditures from fund.
Section 2-196. Impairment of Federal funds.
Section 2-197. Termination of fund.
Article 40. Department of Environmental Management.
Section 2-198. Definitions.
Section 2-199. Composition of department.
Section 2-200. Statement of policy.
Section 2-201. Appointment and qualifications of department head.
Section 2-202. Powers, duties, and functions.
Section 2-203. Divisions within department.
Section 2-204. Enforcement.
Section 2-205. Penalties.
Section 2-206. Administrative penalties.
Section 2-207. Environmental management commission.
Article 41. Disaster and Emergency Fund.
Section 2-208. Creation of fund; purpose.
Section 2-209. Funding.
Section 2-210. Expenditures from the disaster and emergency fund.
Section 2-211. Dissolution of the fund.
Section 2-212. Reimbursement from grants.
Section 2-213. Administration of the fund.
Article 42. Public Access, Open Space, and Natural Resources Preservation.
Section 2-214. Repealed.
Section 2-214.1. Public access, open space, and natural resources preservation fund.
Section 2-214.2. Public access, open space, and natural resources preservation
maintenance fund.
Section 2-215. Public access, open space, and natural resources preservation
commission.
SUPP. 9(1-2021)
ix
Section 2-216. Oath of affirmation.
Section 2-217. Duties and responsibilities of the commission.
Section 2-218. Prioritized list of qualifying lands worthy of preservation.
Article 43. Budget Stabilization Fund.
Section 2-219. Creation of fund; purpose.
Section 2-220. Funding.
Section 2-221. Expenditures.
Section 2-222. Appropriations.
Section 2-223. Prohibitions.
Section 2-223.1. Dissolution of the fund.
Article 44. Hawai‘i County Cultural Resources Commission.
Section 2-224. Purpose.
Section 2-225. Definitions.
Section 2-226. Commission established.
Section 2-227. Officers and expenses.
Section 2-228. Meetings and voting.
Section 2-229. Powers and duties.
Section 2-230. Nominations to the Hawai‘i or national register of historic places.
Section 2-231. Guidelines.
Section 2-232. Administration.
Article 45. General Excise and Use Tax Surcharge.
Section 2-233. Establishment of surcharge.
Section 2-234. General excise tax fund.
Section 2-235. Use of funds.
Section 2-236. Termination of surcharge.
Article 46. Commercial Sponsorship of County Assets.
Section 2-237. Findings and purpose.
Section 2-238. Definitions.
Section 2-239. Commercial sponsorships.
Section 2-240. Exclusions.
Section 2-241. Sponsorship agreement.
Section 2-242. Sponsorship recognition.
Section 2-243. General requirements.
Section 2-244. Funds received from sponsorship agreements.
Section 2-245. Adoption of rules.
SUPP.7 (1-2020)
x
A DMINISTRATION §2-37.2
(c) The sustainability action committee shall consider the recommendations provided
in the general plan, community development plan ordinances, community visioning
processes and other agencies’ planning documents. Additionally, the committee
shall seek innovative solutions, programs and initiatives based upon sustainable
precepts of native Hawaiian culture and other local, national and international
resources to advance the purpose of this article and seek the necessary technical
and other support required for implementation by the department, other agencies
and the community. The committee shall encourage and participate in the internal
and external network opportunities at the local, state, national and international
levels.
(2007, ord 07-161, sec 1.) 2-37.2
*Editor’s Note: Article 8 was repealed in its entirety and replaced by Ordinance 07-161.
Article 9. Department of Public Works.
Division 1. Organization.
Section 2-38. Director of public works as department head.
There shall be a department of public works headed by a director of public works.
(1983 CC, c 2, art 9, sec 2-38; am 2001, ord 01-108, sec 1.)2-38
Section 2-39. Duties of director of public works.
The director of public works shall be charged with the supervision, direction, and
control of:
(1) The construction, repair, maintenance, and operation of all County buildings,
structures, and grounds, not otherwise delegated to any other department of
the County;
(2) The administration and enforcement of the County construction code that
includes collectively: the construction administrative code; the building code;
the electrical code; the energy conservation code; and the plumbing code, as
well as all ordinances and statutes related to the responsibilities assigned to
the department of public works; and
(3) The administration, control, and operation of all divisions and bureaus of the
department of public works and the appointment, transfer, promotion,
demotion, or dismissal of all necessary personnel.
(1983 CC, c 2, art 9, sec 2-39; am 2001, ord 01-108, sec 1; am 2020, ord 20-61, sec 7.)2-39
Section 2-40. Duties and functions of department.
The department shall be responsible for:
(1) The performance of all matters relating to engineering;
(2) Public and private building construction and inspection;
(3) Public improvements;
(4) Construction, inspection, and maintenance of public highways, bridges,
streets, and sidewalks;
(5) Acquisition of public and private property for public purposes;
SUPP. 9 (1-2021)
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§ 2-40 H AWAI‘I C OUNTY C ODE
(6) Design and maintenance of a system of traffic control and devices;
(7) Floodplain management; and
(8) Construction and inspection of all other County projects, except for matters
relating to the department of water supply.
(1983 CC, c 2, art 9, sec 2-40; am 2002, ord 02-56, sec 3; am 2018, ord 18-25, sec 2.)2-40
Section 2-41. Divisions within department.
The department of public works shall be divided under the director into the
following divisions:
(1) Engineering Division. The engineering division is responsible for coordinating
the planning, engineering, and implementation of the highway and drainage
capital improvement projects, coordinating all land surveying, conducting
necessary land rights acquisition, and providing construction inspectional
services.
(2) Traffic Division. The traffic division determines the location, installs,
maintains, and repairs all traffic control facilities and devices and street
lighting systems; is responsible for all traffic engineering in the County;
maintains a traffic education program; and is responsible for the installation,
maintenance, and repair of on- and off-street parking meters.
(3) Building Division. The building division is responsible for public building
construction and inspection; plans, specifications and applications for private
building and construction; plumbing, electrical and building permits; and the
enforcement of all County ordinances related to building, construction and
inspection.
(4) Highway Maintenance Division. The highway maintenance division shall be
responsible for the construction and maintenance of all roads, streets,
highways, footpaths, storm drains, bridges, flood channels, and certain
cemeteries.
(5) Automotive Division. The automotive division shall:
(A) Be responsible for the repair and maintenance of all garage, shop, and
automotive equipment of the County, except such equipment as may be
more practically maintained by the department having control thereof as
determined by the director of public works;
(B) Furnish parts, accessories, gasoline, lubricants, and tires necessary for
the repair for automobiles, trucks, shovels, cranes, graders, sweepers,
compressors, and other such machinery or equipment; and
(C) Be authorized to bill any department, agency, or special fund for
supplies, services, and use of equipment.
(1983 CC, c 2, art 9, sec 2-41; am 1983, ord 83-26, sec 1; am 1985, ord 85-54, sec 2; am
1986, ord 86-119, sec 2; am 1988, ord 88-7, sec 2; am 2001, ord 01-108, sec 1; ord 01-110,
sec 1.)2-41
Division 2. Repealed.
(1983 CC, c 2, art 9, div 2; rep 1983, ord 83-26, sec 2.)
SUPP. 4 (7-2018)
2-20
A DMINISTRATION § 2-192
(2) Membership shall include representatives of government agencies, education,
labor, and business and satisfy the Act’s requirements.
(3) Chairperson must be elected from among the business representatives.
(b) The board shall have all powers, duties, and functions required to implement
within the Island of Hawai‘i, in partnership with the mayor, the Workforce
Innovation and Opportunity Act of 2014.
(2000, ord 00-43, sec 3; am 2015, ord 15-65, sec 2.)2-192
Section 2-193. Creation of fund.
Pursuant to section 10-12, Hawai‘i County Charter, a special fund to be known as
the Workforce Innovation and Opportunity Act program fund is established.
(2000, ord 00-43, sec 3; am 2015, ord 15-65, sec 2.)2-193
Section 2-194. Funding.
The Workforce Innovation and Opportunity Act program shall be funded by Federal
grants, County funds, State funds, or a combination thereof.
(2000, ord 00-43, sec 3; am 2015, ord 15-65, sec 2; am 2018, ord 18-34, sec 2.)2-194
Section 2-195. Expenditures from fund.
The proceeds from the fund shall be used for the necessary expenditures of
administering and carrying out the Workforce Innovation and Opportunity Act of 2014.
Every expenditure shall comply with the requirements of that law.
The administrator of the office of housing and community development is
authorized to promulgate rules and regulations, if necessary, for the implementation of
the Workforce Innovation and Opportunity Act program.
(2000, ord 00-43, sec 3; am 2015, ord 15-65, sec 2.)2-195
Section 2-196. Impairment of Federal funds.
If any part of the Charter, this Code, or this article is found to be in conflict with
federal requirements that are a prescribed condition for the allocation of federal funds
to the County, under the Workforce Innovation and Opportunity Act of 2014, the
conflicting part of the Charter, this Code, or this article is inoperative to the extent of
the conflict and with respect to the agencies directly affected. This finding shall not
affect the operation of the remainder of these laws in their application to the agencies
concerned.
(2000, ord 00-43, sec 3; am 2015, ord 15-65, sec 2.)2-198
Section 2-197. Termination of fund.
Upon either the termination of the Workforce Innovation and Opportunity Act of
2014, or the withdrawal of the County from participation in the program, the Workforce
Innovation and Opportunity Act program fund shall be terminated. Prior to
termination, any remaining proceeds in the fund shall be disposed of in accordance with
federal requirements.
(2000, ord 00-43, sec 3; am 2015, ord 15-65, sec 2.)2-197
SUPP. 4 (7-2018)
2-85
§ 2-198 H AWAI‘I C OUNTY C ODE
Article 40. Department of Environmental Management.
Section 2-198. Definitions.
“Director” means the director of the department of environmental management.
“Department” means the department of environmental management.
“Commission” means the environmental management commission.
(2005, ord 05-22, sec 1; am 2020, ord 20-86, sec 4.)2-198
Section 2-199. Composition of department.
There shall be a department of environmental management consisting of a director,
the necessary staff and an environmental management commission.
(2001, ord 01-110, sec 2; am 2005, ord 05-22, sec 1.)2-199
Section 2-200. Statement of policy.
The department of environmental management is established to protect, preserve,
and enhance our environment by promoting the wise management of our waste.
(2001, ord 01-110, sec 2; am 2005, ord 05-22, sec 1.)2-200
Section 2-201. Appointment and qualifications of department head.
The director of environmental management shall be appointed by the mayor,
confirmed by the council, and may be removed by the mayor. The director shall have
had a minimum of five years’ administrative experience in a related field and either an
engineering degree or a degree in a related field.
(2001, ord 01-110, sec 2; am 2005, ord 05-22, sec 1; am 2020, ord 20-86, sec 5.)2-201
Section 2-202. Powers, duties, and functions.
The department of environmental management shall manage solid waste,
wastewater, and recycling programs of the County, and exercise other functions as
prescribed by the mayor or prescribed by ordinance.
The department shall administer this article as well as chapters 20 and 21 through
the director. The director may delegate to any person such power and authority vested
in the director as the director deems reasonable and proper for the effective
administration of these chapters, except the power to make rules. The director may
adopt, amend, and repeal rules relating to solid waste, wastewater, and recycling.
(2001, ord 01-110, sec 2; am 2005, ord 05-22, sec 1; am 2020, ord 20-86, sec 5.)2-202
Section 2-203. Divisions within department.
The department of environmental management shall be divided under the director
into the following divisions:
(1) Solid Waste Division. The solid waste division shall be responsible for the
construction, maintenance, and operation of all solid waste and recycling
programs and facilities operated by and for the County.
(2) Wastewater Division. The wastewater division shall be responsible for the
construction, maintenance, and operation of all sewage programs and facilities
operated by and for the County.
(2001, ord 01-110, sec 2; am 2005, ord 05-22, sec 1; am 2020, ord 20-86, sec 5.)2-203
SUPP.9 (1-2021)
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A DMINISTRATION §2-204
Section 2-204. Enforcement.
(a) If the director determines that any person has violated or is violating any provision
of this article, chapter 21, or any rule adopted pursuant to these chapters, the
director may do any one or more of the following:
(1) Issue an order assessing an administrative penalty for any past or current
violation;
(2) Require compliance immediately or within a specified time; and
(3) Commence a civil action in the circuit court for appropriate relief, including a
temporary, preliminary, or permanent injunction, the imposition and
collection of civil penalties, or other relief.
(b) Any order issued pursuant to this section shall state with reasonable specificity the
nature of the violation. Any administrative penalties assessed in the order shall be
in accordance with section 2-206.
(c) Any order issued under this chapter shall become final, unless not later than
twenty days after the notice of order is served, the person or persons named therein
request in writing a hearing before the director. Any penalty imposed under this
chapter shall become due and payable twenty days after the notice of penalty is
served unless the person or persons named therein request in writing a hearing
before the director. Whenever a hearing is requested on any penalty imposed under
this chapter, the penalty shall become due and payable only upon completion of all
review proceedings and the issuance of a final order confirming the penalty in
whole or in part. Upon request for a hearing, the director shall require that the
alleged violator or violators appear before the commission for a hearing at a time
and place specified in the notice and answer the charges complained of.
(d) Any hearing conducted under this section shall be conducted as a contested case
under chapter 91. If after a hearing held pursuant to this section, the commission
finds that a violation or violations have occurred, the commission shall affirm or
modify any penalties imposed or shall modify or affirm the order previously issued
or issue an appropriate order or orders for the prevention, abatement, or control of
the violation or disposals involved, or for the taking of such other corrective action
as may be appropriate. If, after a hearing on an order or penalty contained in a
notice, the commission finds that no violation has occurred or is occurring, the
commission shall rescind the order or penalty. Any order issued after hearing may
prescribe the date or dates by which the violation or violations shall cease and may
prescribe timetables for necessary action in preventing, abating, or controlling the
violation or disposals.
(e) If the amount of any penalty is not paid to the department within thirty days after
it becomes due and payable, the director may institute a civil action in the name of
the County to collect the administrative penalty which shall be a government
realization. In any proceeding to collect the administrative penalty imposed, the
director need only show that:
SUPP. 9 (1-2021)
2-87
§ 2-204 H AWAI‘I C OUNTY C ODE
(1) Notice was given;
(2) A hearing was held or the time granted for requesting a hearing expired
without a request for a hearing;
(3) The administrative penalty was imposed; and
(4) The penalty remains unpaid.
(2005, ord 05-22, sec 1; am 2020, ord 20-86, sec 6.)2-204
Section 2-205. Penalties.
Any person who violates this chapter, chapter 21, any rule adopted pursuant to
these chapters, or any condition of a permit or variance issued pursuant to this chapter
shall be fined not more than $1,000 for each separate offense. Each day of each violation
shall constitute a separate offense. Any action taken in court to impose or collect the
penalty provided for in this subsection shall be considered a civil action.
(2005, ord 05-22, sec 1; am 2020, ord 20-86, sec 7.)2-205
Section 2-206. Administrative penalties.
In addition to any other administrative or judicial remedy, the director is
authorized to impose by order the penalties specified in section 2-205. If any party is
aggrieved by the decision of the commission, the party may appeal in the manner
provided in chapter 91 to the circuit court; provided that the operation of a cease and
desist order will not be stayed on appeal unless specifically ordered by a court of
competent jurisdiction.
(2005, ord 05-22, sec 1.)2-206
Section 2-207. Environmental management commission.
(a) There shall be an environmental management commission consisting of nine
members who shall be appointed by the mayor and confirmed by the council. One
member shall be a resident of each council district. The terms of the members shall
be as prescribed in section 13-4 of the Hawai‘i County Charter.
(b) The environmental management commission shall advise the department on solid
waste and wastewater programs, waste reduction strategies, recycling, litter
control, community involvement, and other issues, including any pilot project or
program, related to the functions of the department, and shall exercise any other
powers related to the functions of the department that may be delegated to it by
ordinance. The commission shall also provide its comments and recommendations
on these matters to the council. The commission shall hear and determine appeals
from decisions of the director, including orders and denials of variances.
(c) The council shall refer any bill for an ordinance to amend chapter 20 or chapter 21
of this Code to the director and the commission, with each to provide independent
comments and recommendations. Additionally, the council may refer any bill for an
ordinance relating to the functions and duties of the department to the director and
commission, with each to provide independent comments and recommendations. In
all such cases, the director and commission shall each submit to the council their
independent comments and recommendations within forty-five days of receipt.
SUPP.9 (1-2021)
2-88
CHAPTER 3
SIGNS
Article 1. Signs.
Division 1. Findings, Purpose and Scope.
Section 3-1. Findings and purpose.
Section 3-2. Scope.
Division 2. Definitions.
Section 3-3. Definitions.
Division 3. Sign Area/Size Calculation.
Section 3-4. Single-faced signs.
Section 3-5. Multi-faced signs.
Division 4. Sign Regulations.
Section 3-6. Type, number, and size of signs permissible.
Section 3-7. Signs prohibited in all districts.
Section 3-8. Exempt signs; signs allowed without permits.
Section 3-9. Signs allowed with permits, in all districts.
Section 3-10. Signs permitted in residential districts (RS, RD, RM).
Section 3-11. Signs permitted in commercial/industrial districts (RCX, V, CN, CG,
CV, MCX, ML, MG).
Section 3-12. Signs permitted in agricultural/open districts (RA, FA, A, IA, O).
Division 5. Permits.
Section 3-13. Permits required.
Section 3-14. Construction code permits.
Section 3-15. Illuminated signs.
Section 3-16. Permit application.
Section 3-17. Compliance with chapter.
Section 3-18. Action on permit application.
Section 3-19. Permit contents and record.
Section 3-20. Inspection upon completion.
Section 3-21. Time limit on permit.
SUPP. 9(1-2021)
i
Division 6. Variances.
Section 3-22. Variances.
Section 3-23. Variances; criteria for granting.
Division 7. Fees.
Section 3-24. Permit/variance fees.
Section 3-25. Disposition of fees.
Division 8. Construction Specifications.
Section 3-26. Wind resistance; support.
Section 3-27. Wood construction.
Section 3-28. Construction specifications.
Division 9. Location Specifications.
Section 3-29. Obstructing ingress and egress; obstructing fire-related structures.
Section 3-30. Interference with public alarms, signals and signs.
Section 3-31. Projections beyond property line.
Section 3-32. Distance above ground of projecting signs.
Section 3-33. Height above buildings.
Division 10. Maintenance.
Section 3-34. Maintenance specifications.
Division 11. Nonconforming Signs.
Section 3-35. Signs erected prior to the effective date of this chapter.
Division 12. Violations, Enforcement, Penalty.
Section 3-36. Violations.
Section 3-37. Enforcement.
Section 3-38. Administrative enforcement.
Section 3-39. Criminal prosecution.
Section 3-40. Injunctive action.
Section 3-41. Right of entry for authorized personnel.
Section 3-42. Limited liability of authorized personnel.
Section 3-43. Remedies cumulative.
ii
S IGNS § 3-11
(6) Wall sign.
(A) One wall sign, which relates to business conducted on the premises, per
side or rear of a building. Each side or rear wall sign shall neither exceed
fifteen percent of the total exposed area of the wall, associated with the
business on which the sign is displayed, nor exceed one hundred fifty
square feet, whichever is less. A sign on the face of the building for each
business conducted on the premises shall not exceed fifteen percent or one
hundred fifty square feet, whichever is less, of the area of the face of the
building actually occupied by the business.
(B) The total area of any wall covered by signage shall not exceed fifteen
percent of the total area of the wall, whether used by single or multiple
businesses.
(C) Notwithstanding (A) and (B) above, the maximum size of any wall sign in
the RCX and V districts shall not exceed thirty-two square feet.
(7) Window signs and painted window signs. For any business, the total area
allowed to be covered by one or more window signs facing any street shall be
no more than twenty-five percent of the total combined area of the windows or
one hundred fifty square feet, whichever is less.
(2004, ord 04-142, sec 2.)3-11
Section 3-12. Signs permitted in agricultural/open districts
(RA, FA, A, IA, O).
The following signs are allowed, with a permit, in agricultural/open districts (RA,
FA, A, IA, O):
(a) Ground sign. One ground sign not exceeding eight square feet in area, relating
to a business conducted on the premises, provided that the building in front of
which the sign is displayed is set back not less than thirty feet from the street.
(b) Wall sign. One wall sign, not exceeding thirty-two square feet in area upon any
wall of a structure on the premises related to the business conducted on the
premises.
(2004, ord 04-142, sec 2.)3-12
Division 5. Permits.
Section 3-13. Permits required.
(a) Except as otherwise provided in this chapter, no person, firm or agency may
display, install, construct, erect, alter, relocate, reconstruct, or cause to be
displayed, installed, constructed, erected, altered, relocated, or reconstructed any
sign without first having obtained a sign permit in accordance with this chapter.
(b) Sign permits shall be posted in a conspicuous place on the site during the progress
of installation and shall be kept on the premises where the sign is located or at the
principal place of business of the sign owner. The permit shall be available for
inspection and enforcement by the director.
(2004, ord 04-142, sec 2.)3-13
3-13
§ 3-14 H AWAI‘I C OUNTY C ODE
Section 3-14. Construction code permits.
Persons applying for a permit pursuant to the County construction code, including
chapters 5 and 5A through 5F, are encouraged to include a sign plan for any signs that
will be erected in conjunction with the new construction or improvements for which the
permit is requested in order that the department and applicant may assess the
applicability of any additional permit requirements under this chapter.
(2004, ord 04-142, sec 2; am 2020, ord 20-61, sec 8.)3-14
Section 3-15. Illuminated signs.
A permit application for a sign which uses electrical wiring and connections or
which is illuminated by an external source, shall be submitted to the electrical inspector
who shall examine the plans and specifications of all wiring and connections of the sign
itself to determine if they comply with chapter 5D, Hawai‘i County Code, relating to the
electrical code and chapter 14, article 9, Hawai‘i County Code, relating to outdoor
lighting. The electrical inspector shall recommend (1) approval of the application if the
plans and specifications comply with chapter 5D and chapter 14, article 9, or (2)
disapproval of the application if noncompliance with these chapters is found. The plans
and specifications shall then be returned to the director for final action in compliance
with section 3-18.
(2004, ord 04-142, sec 2; am 2020, ord 20-61, sec 8.)3-15
Section 3-16. Permit application.
(a) Applications for sign permits, pursuant to this chapter, shall be filed with the
director on forms provided by the department for that purpose. Applications shall
contain, at a minimum, the following:
(1) The name and address of the owner of the property upon which the sign will
be located, the owner of the sign, and the applicant, if different;
(2) The tax map key number of the location and proposed location of the sign and
an accurate description of the sign, including its contents;
(3) A plan or design of the sign, and a photograph or drawing, showing its weight,
dimensions, lighting equipment, materials, details of its attachment and
hanging, and its position relative to relevant buildings, property lines, and
adjacent streets; and
(4) Applicable fees and any other information pertinent to the application as may
be required by the director and/or this chapter.
(b) A sign permit is not transferable unless a notice of transfer is filed with the director
within ninety days of the effective date of a transfer of the real property or business
for which the sign is permitted. The director shall prescribe forms and any fees for
this purpose.
(2004, ord 04-142, sec 2.)3-16
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CHAPTER 5
CONSTRUCTION ADMINISTRATIVE CODE
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.
Article 2. Administration.
Division 1. 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.
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Article 3. Permits; When Required.
Division 1. Permits required.
Section 5-3-1. Permit required; generally.
Section 5-3-2. Factory-built housing.
Section 5-3-3. Relocation of buildings.
Section 5-3-4. Temporary permits; required.
Section 5-3-5. 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. Contractors and specialty contractors; work.
Section 5-4-5. Review of application.
Section 5-4-6. Action on application.
Section 5-4-7. Cancellation of application.
Section 5-4-8. Applications made prior to subsequent changes in applicable laws.
Division 2. Pre-approval.
Section 5-4-21. Model plans for residential dwellings; pre-approval.
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.
SUPP. 9 (1-2021)
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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.
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.
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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.
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C ONSTRUCTION A DMINISTRATIVE C ODE§ 5-1-1
CHAPTER5
BUILDING
(Rep 2020, ord 20-61, sec 12.)
CHAPTER5
CONSTRUCTION ADMINISTRATIVE CODE
Article 1. General Provisions.
Section 5-1-1. Title.
This chapter shall be known as the “construction administrative code.”
(2020, ord 20-61, sec 2.) 5-1-1
Section 5-1-2. Purpose.
This chapter consolidates the administrative provisions relating to the County’s
construction code, including chapters 5A, the building code; 5D, the electrical code; 5E,
the energy conservation code; and 5F, the plumbing code into one chapter. These
administrative provisions relate to: permitting; enforcement; inspections; and related
procedures. This consolidation will enable the County to develop a system based on a
single permit, rather than multiple construction permits and generally promote
consistency in procedures across construction disciplines. The purpose of these policy
changes is to enable the County to implement its responsibilities in this area with
greater efficiency and effectiveness.
(2020, ord 20-61, sec 2.) 5-1-2
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 building code; 5D,
the electrical code; 5E, the energy conservation code; and 5F, 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.
This chapter shall not apply to:
(1) Work on buildings or premises owned by or under the direct control of the
Federal government;
(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:
(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;
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§ 5-1-3 H AWAI‘I C OUNTY C ODE
(3) Pursuant to section 448E-13, Hawai‘i 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;
(4) Electrical work related to work regulated by chapter 397, Hawai‘i 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;
(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;
(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;
(7) Plumbing work related to work regulated by chapter 397, Hawai‘i 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, Hawai‘i 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.
(2020, ord 20-61, sec 2.) 5-1-3
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.
(2020, ord 20-61, sec 2.) 5-1-4
Section 5-1-5. Definitions.
As used in this chapter, unless it is apparent from the context that a different
meaning is intended:
2
)
“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.
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C ONSTRUCTION A DMINISTRATIVE C ODE§ 5-1-5
“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 Hawai‘i.
“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.
To the extent context otherwise permits and/or requires, the definitions of
“building” as used in chapters: 5A, the building code; 5D, the electrical code; 5E, the
energy conservation code; and 5F, the plumbing code; are incorporated by reference
herein.
“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.
“Construction code” means collectively: chapter 5, the construction administrative
code; chapter 5A, the building code; chapter 5D, the electrical code; chapter 5E, the
energy conservation code; chapter 5F, the plumbing code; and all administrative rules
adopted pursuant to these chapters.
“Director” means the director of public works of the County of Hawai‘i 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.
“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.
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§ 5-1-5 H AWAI‘I C OUNTY C ODE
“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 Hawai‘i.
“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.
“Factory-built home” means a dwelling or dwelling unit, any structure or portion
thereof, which is either entirely prefabricated or assembled at a place other than the
building site.
“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, Hawai‘i Revised Statutes.
“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 building code;
(3) 5D, the electrical code;
(4) 5E, the energy conservation code; and
(5) 5F, the plumbing code.
“Person” means any individual, firm, partnership, association, or corporation; or its
or their successors or assigns, according to the context thereof.
“Plumbing work” means the design, installation, alteration, construction,
reconstruction, or repair of plumbing, gas, and drainage systems.
“Portable appliances” means any cord/plug connected device that is readily
movable.
“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.
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C ONSTRUCTION A DMINISTRATIVE C ODE§ 5-1-5
“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.
“Structure” means that which is built or constructed.
(2020, ord 20-61, sec 2.) 5-1-5
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 Hawai‘i Revised
Statutes, such license must be valid in the State of Hawai‘i, unexpired, and unrevoked.
(2020, ord 20-61, sec 2.) 5-1-6
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 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, Hawai‘i Revised
Statutes.
(2020, ord 20-61, sec 2.) 5-1-7
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.
(2020, ord 20-61, sec 2.) 5-1-8
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 the director’s
capacity as the authority having jurisdiction, shall have jurisdiction over and
administer all matters covered by the construction code.
(2020, ord 20-61, sec 2.) 5-2-1
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§ 5-2-2 H AWAI‘I C OUNTY C ODE
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 building code; 5D,
the electrical code; 5E, the energy conservation code; and 5F, the plumbing
code; in a manner consistent with the intent thereof;
(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;
(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;
(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) 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;
(6) Order changes in workmanship and materials essential to obtain compliance
with all provisions of the construction code;
(7) Issue upon request a certificate of occupancy or certificate of completion for
any work approved by the authority having jurisdiction;
(8) Investigate any construction or work regulated by the construction code and
issue such notices and orders as provided in the construction code;
(9) Keep a complete record of all essential transactions; and
(10) Maintain public office hours necessary to administer the provisions of the
construction code and amendments thereto.
(2020, ord 20-61, sec 2.) 5-2-2
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 building code; 5D, the electrical code; 5E, the energy
conservation code; and 5F, 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.
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C ONSTRUCTION A DMINISTRATIVE C ODE§ 5-2-3
(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.
(2020, ord 20-61, sec 2.) 5-2-3
Section 5-2-4. Conflict.
(a) If any provisions of the construction code conflict with or contravene provisions of
the Hawai‘i 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.
(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.
(2020, ord 20-61, sec 2.) 5-2-4
Section 5-2-5. Adoption of rules.
The authority having jurisdiction may adopt rules pursuant to chapter 91, Hawai‘i
Revised Statutes, necessary for the purposes of the construction code.
(2020, ord 20-61, sec 2.) 5-2-5
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 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.
(2020, ord 20-61, sec 2.) 5-2-6
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 an emergency as defined in chapter 127A, Hawai‘i Revised
Statutes.
(2020, ord 20-61, sec 2.) 5-2-7
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§ 5-2-8 H AWAI‘I C OUNTY C ODE
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.
(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.
(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.
(2020, ord 20-61, sec 2.) 5-2-8
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.
(2020, ord 20-61, sec 2.) 5-2-21
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.
(2020, ord 20-61, sec 2.) 5-2-22
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.
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C ONSTRUCTION A DMINISTRATIVE C ODE§ 5-2-23
(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 Hawai‘i 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.
(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.
(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.
(2020, ord 20-61, sec 2.) 5-2-23
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, “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.
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§ 5-2-24 H AWAI‘I C OUNTY C ODE
(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.
(2020, ord 20-61, sec 2.) 5-2-24
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:
(1) Erect, construct, enlarge, alter, repair, relocate, improve, remove, convert, or
demolish any building or structure;
(2) Erect, install, enlarge, alter, repair, remove, convert, or replace any electrical
work; or
(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 water 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.
(3) Retaining walls.
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.
(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.
(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.
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(6) Television or radio communication towers.
Erect, construct, enlarge, alter, repair, relocate, convert, or demolish any
television or radio communication tower that is not regulated by the public
utilities commission.
(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,
Hawai‘i County Code.
(8) Air conditioning systems. Installation, removal, alteration, repair, or
conversion of any heating, ventilation, or air conditioning system.
(2020, ord 20-61, sec 2.) 5-3-1
Section 5-3-2. Factory-built housing.
(a) No person shall perform any of the following work or cause or permit the same to be
done on any factory-built housing in the County, without first obtaining a permit
for this work from the authority having jurisdiction:
(1) Manufacture, install, erect, construct, enlarge, alter, repair, relocate, improve,
remove, convert, or demolish any factory-built housing;
(2) Manufacture, erect, install, enlarge, alter, repair, remove, convert, or replace
any electrical work; or
(3) Manufacture, erect, install, enlarge, alter, repair, remove, convert, or replace
any plumbing, fire sprinkler, gas, or drainage piping work, or any fixture, gas
appliance, water heating, or water treating equipment.
(b) To obtain a permit, an applicant shall comply with sections: 5-4-1; 5-4-2, 5-4-3, 5-4-
4, 5-4-5, 5-4-6, 5-4-7, and 5-4-8.
(c) For the purposes of this section, “manufacture” means the process of making,
fabricating, constructing, forming, or assembling a FBH at a place other than the
building site.
(2020, ord 20-61, sec 2.) 5-3-2
Section 5-3-3. 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.
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§ 5-3-3 H AWAI‘I C OUNTY C ODE
(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 undamaged condition would equal
or exceed fifty percent of the market value of the structure before damage occurred.
(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.
(2020, ord 20-61, sec 2.) 5-3-3
Section 5-3-4. 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.
(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
(3) Structures, buildings, platforms, construction trailers, water tanks, or fences
used during the construction of a permitted structure.
(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 canceled 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.
(2020, ord 20-61, sec 2.) 5-3-4
Section 5-3-5. 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;
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(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.
(2020, ord 20-61, sec 2.) 5-3-5
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, Hawai‘i Revised Statutes, relating to special
management areas.
(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.
(2020, ord 20-61, sec 2.) 5-3-21
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), Hawai‘i County
Code; or
(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
(C) Detached decks or platforms that are less than thirty inches in height
above grade. Buildings cannot violate the provisions for “yards” in chapter
25 (zoning). Verify setback requirements with the planning department;
or
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§ 5-3-22 H AWAI‘I C OUNTY C ODE
(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
(E) Standard electroliers not over thirty-five feet in height above finish grade;
or
(F) Fences six feet or less in height; or
(G) Floor covering; or
(H) Playground equipment, excluding assembly or similar waiting areas; or
(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
(J) Wallpaper or wall coverings which are exempted under the provisions of
section 801.1, Interior Finishes, chapter 8, IBC; or
(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, Hawai‘i Revised Statutes;
or
(M) Television and radio equipment (i.e. antenna, dishes) accessory to R-3
Occupancies. Supports or towers for television and radio equipment six
feet or less in height; or
(N) Air conditioners that are: in Residential R-3 Occupancy, window-
mounted, and do not impair emergency egress; or portable air
conditioning systems; or
(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
(3) Painting and decorating; or
(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 $7,500 per structure in any twelve-month period, and do not
affect or modify any existing electrical or mechanical installations. Repairs
that cost over $7,500 per structure in any twelve-month period or that include
additions, changes, or modifications to construction or structures, exit
facilities, permanent fixtures, or equipment shall not be exempted from this
section; or
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(5) Replacement of solar water heating components (i.e. panels, tanks) in the
same location and of the same type; or
(6) Agricultural buildings, structures, and appurtenances exempt from building
permit and building code requirements pursuant to section 46-88, Hawai‘i
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
(8) Work performed under the jurisdiction or control of the:
(A) State department of transportation at state harbors, pursuant to section
266-2, Hawai‘i Revised Statutes; or
(B) State department of accounting and general services.
(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.
(2020, ord 20-61, sec 2.) 5-3-22
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 5D, the electrical code, are expressly declared to be not applicable.
(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.
(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 5D, the electrical code.
(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.
(5) Replacement of receptacles and switches to tamper-resistant receptacles and
switches.
(6) Maintenance work by a licensed electrician pursuant to chapter 448E, Hawai‘i
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.
(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.
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§ 5-3-23 H AWAI‘I C OUNTY C ODE
(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 5D, the electrical code, or other applicable laws.
(2020, ord 20-61, sec 2.) 5-3-23
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 5F, 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.
(3) Replacement or repair of disposals, faucets, and fixtures, to include sinks and
water closets, for non-commercial residential and County of Hawai‘i
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, Hawai‘i Revised Statutes.
(4) Maintenance work by a licensed plumber pursuant to chapter 448E, Hawai‘i
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 5F, the plumbing code, or other applicable laws.
(2020, ord 20-61, sec 2.) 5-3-24
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 of 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:
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(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 it 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 ordinances, and other applicable laws.
(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.
(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.
(b) A one-time emergency inspection may be conducted to verify that the immediate
threat to public health, life and safety has been remedied. Upon issuance of the
emergency work permit pursuant to subsection (a), regular inspections shall be
conducted pursuant to sections 5-8-4 and 5-8-5.
(c) 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.
(2020, ord 20-61, sec 2.) 5-3-25
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 the
application is made and the owner of the property;
(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;
(3) Indicate the use and occupancy for which the proposed work is intended;
(4) Be accompanied by plans, specifications, construction documents and other
information as required in this article;
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(5) If submitting plans, specifications, or construction documents pursuant to
section 464-13(b), Hawai‘i Revised Statutes, the applicant shall include proof
of recordation with the bureau of conveyances in accordance with section
464-13(c), Hawai‘i Revised Statutes;
(6) State the estimated value of the proposed work;
(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;
(8) Declare the phases of work, if any, that will be performed by a contractor or
specialty contractor, or both, as required by law;
(9) Provide the name and license number of all specialty contractors involved in
the project, in compliance with the provisions of chapter 444, Hawai‘i 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
(13) Contain any other information necessary to enforce the provisions of the
construction code as may be required by the authority having jurisdiction.
(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 to the provisions of division 2 shall not be
accepted by the authority having jurisdiction.
(2020, ord 20-61, sec 2.) 5-4-1
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.
(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.
(c) Plans and specifications shall:
(1) Be drawn to scale upon substantial paper that is of sufficient size that the
plans and specifications when in print form, are legible without magnification;
(2) Be of sufficient clarity to indicate the nature and extent of work proposed and
show in detail that it will conform to the provisions of the construction code
and all applicable laws;
(3) Display the following information on the first sheet of each set of plans:
(A) The tax map key number of the job site;
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(B) The name and address of the owner as referenced on real property
records;
(C) The name and address of the person who prepared the plans;
(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;
(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;
(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.;
(iv) Code search information for building design; and
(v) Additional forms required in the construction code; and
(E) Floor area computations, including major and accessible floor area, that
are clearly labeled; and
(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.
(2020, ord 20-61, sec 2.) 5-4-2
Section 5-4-3. Engineers and architects; work.
(a) All plans and specifications relating to work which affects the public safety or
health and for which a permit is required shall be prepared, designed, and stamped
by a duly licensed architect or professional engineer in the State of Hawai‘i in
accordance with chapter 464, Hawai‘i Revised Statutes and section 16-115, Hawai‘i
Administrative Rules unless the work is exempt pursuant to section 464-13(b),
Hawai‘i Revised Statutes.
(b) The following plans and specifications shall be prepared, designed, and stamped by
a person who is licensed in the State of Hawai‘i as an architect or professional
structural engineer:
(1) All wood trusses of more than 24’ - 0” spans; and
(2) All pre-engineered trusses and metal trusses.
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§ 5-4-3 H AWAI‘I C OUNTY C ODE
(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 Hawai‘i as an architect or professional structural
engineer, unless exempt pursuant to section 464.13(b), Hawai‘i 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), Hawai‘i Revised Statutes.
(1) All plans for post and pier type construction with/without perimeter
foundation walls of R-3 Occupancies.
(2) Single story or two-story structure for R-3 Occupancy unless exempt pursuant
to section 464.13(b), Hawai‘i Revised Statutes.
(3) Single story or two-story structure of mixed occupancies (R-3 and U
Occupancies) pursuant to section 464.13(b), Hawai‘i Revised Statutes.
(4) Structures of R-3 or U Occupancies that are three or more stories in height.
(5) Structural members that are concrete, masonry or structural steel.
(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 5F, relating to the plumbing code.
(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 Hawai‘i
as an architect or professional structural engineer.
(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 Hawai‘i as a professional
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:
(1) The installation shall not be located in a rain water or sea water flood zone;
and
(2) Service size disconnect does not exceed 200 amperes.
(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 Hawai‘i as a
professional electrical engineer for residential and non-residential
installations; and
(2) Plans and specifications for building work that have been prepared, designed,
and stamped by a person who is licensed in the State of Hawai‘i as an
architect or a professional structural engineer for:
(A) Non-residential installations; or
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(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 Hawai‘i 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 Hawai‘i as a professional mechanical
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.
Exception:
For single and two-family dwellings and residential accessory structures, plans and
specifications may be prepared, designed, and stamped by a person who is licensed
in the State of Hawai‘i as an architect or professional mechanical engineer.
(i) Plumbing plans and diagrams shall be required for R-3 single and two family
dwellings and townhouses that include four or more bathrooms.
(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 Hawai‘i as an architect or professional engineer, if prescriptive
requirements of the construction code are not being adhered to.
(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 Hawai‘i and listed as the
architect or professional engineer of record. Revised drawings or a letter, or both,
that show such deviations and 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.
(2020, ord 20-61, sec 2.) 5-4-3
Section 5-4-4. Contractors and specialty contractors; work.
(a) Prior to issuance of a permit, applicants for a permit shall file a statement with the
authority having jurisdiction that includes the following:
(1) Name; address, email address and telephone number of each contractor or
specialty contractor engaged to work upon the building, structure, or project;
(2) Name of the responsible managing employee or authorized employee of each
contractor or specialty contractor;
(3) Phase or phases of work to be performed by each contractor or specialty
contractor;
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(4) License numbers for each contractor or specialty contractor and a statement
that such licenses are in full force and effect, or if the applicant is exempt from
chapter 444, Hawai‘i Revised Statutes, the basis for the claimed exemption,
pursuant to section 444-9.1, Hawai‘i Revised Statutes; and
(5) A signature by the responsible managing employee or authorized employee of
each contractor and specialty contractor.
(b) Whenever used in this section, in accordance with section 444-7, Hawai‘i Revised
Statutes, “specialty contractor” means a contractor whose operations as such are
the performance of construction work requiring special skill such as, but not limited
to, electrical, drywall, painting and decorating, landscaping, flooring, carpet laying
by any installation method, plumbing, or roofing work, and others whose principal
contracting business involves the use of specialized building trades or crafts.
(2020, ord 20-61, sec 2.) 5-4-4
Section 5-4-5. 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.
(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.
(2020, ord 20-61, sec 2.) 5-4-5
Section 5-4-6. 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.
(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 therefor to the applicant.
(2020, ord 20-61, sec 2.) 5-4-6
Section 5-4-7. 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 canceled. 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) Sixty days to take action on deficient application.
If an applicant picks up an application designated “recommend return with
correction,” the applicant shall have sixty working days to take action on the
deficiencies noted in the application. The sixty-day period will begin on the
working day following the day the application is picked up.
(c) 180 days to obtain permit.
An application for a permit shall be deemed to have been canceled 180 days after
the date of filing, unless such application has been pursued in good faith or a
permit has been issued. 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.
(d) Restarting permit application.
If a permit application is canceled, 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 canceled, plans and other data submitted for review may
thereafter be returned to the applicant or destroyed by the authority having
jurisdiction.
(2020, ord 20-61, sec 2.) 5-4-7
Section 5-4-8. 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.
(2020, ord 20-61, sec 2.) 5-4-8
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 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 5-4-5.
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§ 5-4-21 H AWAI‘I C OUNTY C ODE
(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 Hawai‘i as an architect or professional
structural 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 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.
(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 Hawai‘i as an
architect or professional structural engineer in accordance with this chapter
and chapter 464, Hawai‘i 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).
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C ONSTRUCTION A DMINISTRATIVE C ODE§ 5-4-21
(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.
(2020, ord 20-61, sec 2.) 5-4-21
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.”
(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.
(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.
(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;
(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.
(2020, ord 20-61, sec 2.) 5-5-1
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§ 5-5-2 H AWAI‘I C OUNTY C ODE
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.
(2020, ord 20-61, sec 2.) 5-5-2
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.
(b) No permit shall be loaned to another by the person to whom it was issued.
(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.
(2020, ord 20-61, sec 2.) 5-5-3
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;
(2) Permits issued to owner-builders - five years after the date of issuance of the
permit;
(3) 180 consecutive days after the date of issuance, if the work authorized by the
permit is not commenced by such date; or
(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.
(b) Upon expiration of a permit, all work shall cease and shall not be recommenced
until a new permit is obtained.
(2020, ord 20-61, sec 2.) 5-5-4
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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.
(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.
(2020, ord 20-61, sec 2.) 5-5-5
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.
(2020, ord 20-61, sec 2.) 5-5-6
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,
Hawai‘i Revised Statutes; or
(2) An “owner-builder” pursuant to the owner-builder exemption as defined by
section 444-2.5, Hawai‘i Revised Statutes.
(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, Hawai‘i Revised
Statutes;
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§ 5-6-1 H AWAI‘I C OUNTY C ODE
(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, Hawai‘i Revised Statutes. Only
one such permit may be issued to such 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;
(3) A supervising electrician or supervising specialty electrician licensed pursuant
to chapter 448E, Hawai‘i 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
(4) A journey worker electrician licensed pursuant to chapter 448E, Hawai‘i
Revised Statutes, and employed by the County of Hawai‘i.
(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, Hawai‘i Revised
Statutes;
(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, Hawai‘i
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;
(3) A master plumber licensed pursuant to chapter 448E, Hawai‘i 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, Hawai‘i Revised
Statutes, and employed by the County of Hawai‘i or by a gas utility.
(2020, ord 20-61, sec 2.) 5-6-1
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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, Hawai‘i Revised Statutes; or
(2) An “owner-builder” pursuant to section 444-2.5, Hawai‘i Revised Statutes.
(b) Electrical work regulated by the construction code, and specifically chapter 5D, the
electrical code, shall be performed only by:
(1) A journey worker electrician, journey worker specialty electrician, supervising
electrician, or supervising specialty electrician license licensed pursuant to
chapter 448E, Hawai‘i 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, Hawai‘i Revised Statutes.
(c) Plumbing work regulated by the construction code, and specifically chapter 5F, the
plumbing code, shall be performed only by:
(1) A master plumber or journey worker plumber licensed pursuant to chapter
448E, Hawai‘i Revised Statutes; or
(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 a master plumber or journey worker plumber
licensed pursuant to chapter 448E, Hawai‘i 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.
(2020, ord 20-61, sec 2.) 5-6-2
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 $1,000 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.
(2020, ord 20-61, sec 2.) 5-7-1
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§ 5-7-2 H AWAI‘I C OUNTY C ODE
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)
CategoryFees
A.County of Hawai‘i, Department of Public Works, Building $150
Division pre-approved single family dwelling with
architect or structural engineer stamp 900 sq. ft. -
1,100 sq. ft. (living area only with one car or two car
carport).
B. County of Hawai‘i, Department of Public Works, Building $200
Division pre-approved single-family dwelling with
architect or structural engineer stamp 1,101 sq. ft. -
1,400 sq. ft. (living area only with one car or two car
carport).
C. Dwellings over 1,401 sq. ft. including all single-family $20 per 100 sq. ft.
model homes with no minimum sq. ft. requirement. (To or fraction thereof
include all enclosed areas under roof.)
(2020, ord 20-61, sec 2.) 5-7-2
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.
(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:
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C ONSTRUCTION A DMINISTRATIVE C ODE§ 5-7-3
PERMITFEES
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.
$355 for the first $50,000 plus $3 for each
$50,001 and up
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.
(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.
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.
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§ 5-7-3 H AWAI‘I C OUNTY C ODE
(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 $1,000 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.
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 practicable 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 practicable to do
so. Any delay in obtaining a permit as soon as it is practicable to do so will subject
the petitioner to enhanced fees pursuant to section 5-7-3(d).
(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.
(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) Hawai‘i Community College’s Model Home Project.
(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 Hawai‘i has declared pursuant to chapter 209,
HRS, that a major disaster has occurred; or
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(2) The mayor has issued a proclamation declaring the existence of a major
disaster.
(2020, ord 20-61, sec 2.) 5-7-3
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.
(2020, ord 20-61, sec 2.) 5-7-4
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.
(b) A fee of $100 shall be assessed upon the requestor or property owner for each
regulatory inspection made.
(c) The authority having jurisdiction has the authority to waive inspection fees.
(2020, ord 20-61, sec 2.) 5-7-5
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.
(2020, ord 20-61, sec 2.) 5-7-6
Section 5-7-7. Fee payment.
Fees imposed pursuant to this article shall be paid to the director of finance.
(2020, ord 20-61, sec 2.) 5-7-7
Section 5-7-8. Refunds.
Plan review fees are non-refundable. Permit fees may be partially refunded in
accordance with section 2-12, Hawai‘i County Code.
(2020, ord 20-61, sec 2.) 5-7-8
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§ 5-8-1 H AWAI‘I C OUNTY C ODE
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.
(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.
(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.
(2020, ord 20-61, sec 2.) 5-8-1
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.
(1) Residential installations.
In residential installations, 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 and an inspection report stamped and signed by the professional of
record who is licensed in the State of Hawai‘i, as an architect or professional
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.
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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.
(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.
(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.
(2020, ord 20-61, sec 2.) 5-8-2
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.
(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.
(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.
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§ 5-8-3 H AWAI‘I C OUNTY C ODE
(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.
(2020, ord 20-61, sec 2.) 5-8-3
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 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.
(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.
(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.
(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.
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(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, 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.
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.
(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.
(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.
(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.
(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.
(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 5F, 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.
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(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.
(f) After inspection, if the authority having jurisdiction finds that the work does not
conform in all respects to 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.
(g) The authority having jurisdiction may request that at least one side of the enclosed
walls of unpermitted structures be open, prior to inspection.
(2020, ord 20-61, sec 2.) 5-8-4
Section 5-8-5. Final inspection.
(a) The final inspection shall be made after all work required by the permit is
completed.
(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.
(2020, ord 20-61, sec 2.) 5-8-5
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 Hawai‘i 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.
(2020, ord 20-61, sec 2.) 5-8-6
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.
(2020, ord 20-61, sec 2.) 5-8-7
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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;
(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;
(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
(4) The electrical contractor shall be responsible and in control of all permanent
power access and usage.
(2020, ord 20-61, sec 2.) 5-8-21
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.
(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;
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(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.
(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.
(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.
(2020, ord 20-61, sec 2.) 5-8-22
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.
(2020, ord 20-61, sec 2.) 5-9-1
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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.
(14) Lack of adequate garbage and rubbish storage and removal facilities as
determined by the department of health.
(2020, ord 20-61, sec 2.) 5-9-2
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.
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(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.
(2020, ord 20-61, sec 2.) 5-9-3
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 a nuisance 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.
“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.
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(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.
(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.
(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.
(4) Inadequate exits. All buildings or portions thereof not provided with adequate
exit facilities as required by chapter 5A, the 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.
(5) Any building or portion thereof that is not being occupied or used as intended
or permitted.
(6) Any electrical installation installed, altered, changed, or reconstructed
contrary to the provisions of the construction code or other applicable law.
(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.
(2020, ord 20-61, sec 2.) 5-9-4
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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.
(2020, ord 20-61, sec 2.) 5-9-5
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.
(b) Failure, neglect, or refusal to comply with any such notice and order shall be
considered a violation of the construction code.
(c) The notice and order may require the responsible party:
(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.
(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.
(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.
(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.
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(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, Hawai‘i Revised Statutes.
(2020, ord 20-61, sec 2.) 5-9-6
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.
(2020, ord 20-61, sec 2.) 5-9-7
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.
(2020, ord 20-61, sec 2.) 5-9-8
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;
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(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 building code;
(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;
(4) Perform any plumbing work or authorize the same to be done in violation of
the construction code, including but not limited to chapter 5F, 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, Hawai‘i Revised Statutes,
relating to the licensing of electricians and plumbers.
(2020, ord 20-61, sec 2.) 5-10-1
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;
(2) Name and address of the party noticed;
(3) Section number or citation of the law, standard, permit, or variance that was
violated;
(4) Nature of the violation;
(5) Location, date, and time of the violation; and
(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.
(c) The order may require the party responsible for the violation to do any or all of the
following:
(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;
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(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) 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.
(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.
(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,
Hawai‘i Revised Statutes.
(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
(4) The fine, County costs, or both have not been paid.
(2020, ord 20-61, sec 2.) 5-10-2
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.
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(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.
(c) Procedure on arrest.
Any authorized personnel designated by the authority having jurisdiction, who
has 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,
Hawai‘i 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.
(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.
(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 Hawai‘i and the
County of Hawai‘i.
(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.
(3) Every citation shall be consecutively numbered and each copy shall bear the
number of its respective original.
(f) The provisions of this section are in addition to any other applicable remedy or
penalty provided by law.
(2020, ord 20-61, sec 2.) 5-10-3
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C ONSTRUCTION A DMINISTRATIVE C ODE§ 5-10-4
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.
(2020, ord 20-61, sec 2.) 5-10-4
Section 5-10-5. Remedies cumulative.
The remedies provided in the construction code shall be cumulative and not
exclusive.
(2020, ord 20-61, sec 2.) 5-10-5
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.
(2020, ord 20-61, sec 2.) 5-11-1
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§ 5-11-2 H AWAI‘I C OUNTY C ODE
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.
(2020, ord 20-61, sec 2.) 5-11-2
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.
(2020, ord 20-61, sec 2.) 5-11-3
Section 5-11-4. Rules; adoption by the board of appeals.
The board of appeals shall adopt rules pursuant to chapter 91, Hawai‘i Revised
Statutes, necessary for the purposes of this article.”
(2020, ord 20-61, sec 2.) 5-11-4
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CHAPTER 5A
BUILDING CODE
Article 1. General Provisions.
Section 5A-1-1. Title.
Section 5A-1-2. Purpose.
Section 5A-1-3. Scope; exceptions.
Section 5A-1-4. Administrative provisions.
Section 5A-1-5. Existing buildings.
Section 5A-1-6. Definitions.
Section 5A-1-7. Compliance required.
Section 5A-1-8. Conflict.
Section 5A-1-9. References to model codes.
Article 2. Installation Requirements.
Section 5A-2-1. International building code adopted.
Article 3. Adoption, Amendment, and Addition of Appendices.
Division 1. Appendices of International Building Code Adopted.
Section 5A-3-1. Appendices not applicable.
Section 5A-3-2. Appendices adopted.
Section 5A-3-3. Amendments to Appendix C; Group U – agricultural buildings.
Division 2. Appendices Added to the International Building Code.
Section 5A-3-21. Appendices added to International Building Code.
Section 5A-3-22. Appendix L; Factory-Built Housing.
Section 5A-3-23. Appendix M; Thatch Material on Exterior of Buildings - Protection
Against Exposure Fires.
Section 5A-3-24. Appendix U; Hawai‘i Hurricane Sheltering Provisions for New
Construction.
Section 5A-3-25. Appendix W; Hawai‘i Wind Design Provisions for New Construction.
Section 5A-3-26. Appendix X; Indigenous Hawaiian Architecture Structures.
Section 5A-3-27. Appendix Y; Tiny Houses.
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Article 4. Building Work Within Special Flood Hazard Areas.
Section 5A-4-1. General applicability.
Section 5A-4-2. Definitions.
Section 5A-4-3. General requirements.
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CHAPTER 5
BUILDING
(Rep 2020, ord 20-61, sec 12.)
CHAPTER 5A
BUILDING CODE
Article 1. General Provisions.
Section 5A-1-1. Title.
This chapter shall be known as the “building code.”
(2020, ord 20-61, sec 3.) 5A-1-1
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.
(2020, ord 20-61, sec 3.) 5A-1-2
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:
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 Hawai‘i Administrative Rules;
(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:
(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; or
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§ 5A-1-3 H AWAI‘I C OUNTY C ODE
(4) Pursuant to section 448E-13, Hawai‘i 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) Agricultural buildings, structures, and appurtenances without electrical power
and plumbing systems are exempt from permit and construction code
requirements, pursuant to section 46-88, Hawai‘i 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.
(2020, ord 20-61, sec 3.) 5A-1-3
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.
(2020, ord 20-61, sec 3.) 5A-1-4
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.
(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.
(2020, ord 20-61, sec 3.) 5A-1-5
Section 5A-1-6. Definitions.
As used in this chapter, unless it is apparent from the context that a different
meaning is intended:
2
)
“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.
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B UILDING C ODE § 5A-1-6
“Authority having jurisdiction” means the director of the department of public
works, or the director’s authorized representative.
“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.
“Chapter” means this chapter.
“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 building code; chapter 5D, the electrical code; chapter 5E, the
energy conservation code; chapter 5F, 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.
“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.
“ICC” means the International Code Council.
“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, Hawai‘i Revised Statutes.
“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 building code;
(3) 5D, the electrical code;
(4) 5E, the energy conservation code; and
(5) 5F, the plumbing code.
“Person” means any individual, firm, partnership, association, or corporation; or its
or their successors or assigns, according to the context thereof.
“Section” means a section of a chapter of the International Building Code.
“Table” means a table in this chapter.
(2020, ord 20-61, sec 3.) 5A-1-6
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, Hawai‘i Revised Statutes.
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§ 5A-1-7 H AWAI‘I C OUNTY C ODE
(c) Any approval or permit issued pursuant to the provisions of this code shall comply
with all applicable requirements of this code.
(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.
(2020, ord 20-61, sec 3.) 5A-1-7
Section 5A-1-8. Conflict.
(a) If any provisions of this code conflict with or contravene provisions of the Hawai‘i
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.
(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.
(2020, ord 20-61, sec 3.) 5A-1-8
Section 5A-1-9. References to model codes.
(1) Wherever referenced in this code, the ICC Electrical Code shall mean the
electrical code, chapter 5D, Hawai‘i County Code.
(2) Wherever in this Code reference is made to the International Fuel Gas Code,
the provisions of the International Fuel Gas Code shall be deemed to be only
guidelines and not mandatory.
(3) Wherever in this Code reference is made to the International Mechanical
Code, the provisions of the International Mechanical Code shall be deemed to
be only guidelines and not mandatory.
(4) Wherever referenced in this code, the International Plumbing Code shall mean
the plumbing code, chapter 5F, Hawai‘i County Code.
(5) Wherever in this Code reference is made to the International Property
Maintenance Code, the provisions of the International Property Maintenance
Code shall be deemed to be only guidelines and not mandatory.
(6) Wherever referenced in this code, the International Fire Code shall mean the
fire code, chapter 26, Hawai‘i County Code.
(7) Wherever referenced in this code, the International Energy Conservation
Code, shall mean the energy conservation code, chapter 5E, Hawai‘i County
Code.
(2020, ord 20-61, sec 3.) 5A-1-9
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.
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B UILDING C ODE § 5A-2-1
(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.
(d) The International Building Code, 2006 Edition, adopted and incorporated by
reference into this code, shall be subject to the amendments hereinafter set forth.
(1) Chapter 1, “Administration,” of the International Building Code is deleted in
its entirety.
(2) Section 202 of the International Building Code 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.”
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§ 5A-2-1 H AWAI‘I C OUNTY C ODE
“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.”
(3) Section 308.2 of the International Building Code is amended to read as follows:
“308.2 Group I-1. This occupancy shall include buildings, structures
or parts thereof housing more than 16 persons, on a 24-hour basis,
who because of age, mental disability or other reasons, live in a
supervised residential environment that provides personal care
services in an assisted living facility.
The residents participate in fire drills, are self starting, and may
require some physical assistance from up to one staff to reach a point
of safety in an emergency situation. Facilities with residents who
require assistance by more than one staff member, are not self
starting, who are bedridden beyond 14 days, or require intermittent
nursing care beyond 45 days, shall reside on the first floor in all Type
III, IV, and V construction, or shall be classified as Group I-2.
A facility such as the above with five or fewer persons shall be
classified as a Group R-3 or shall comply with the International
Residential Code in accordance with Section 101.2. A facility such as
above, housing at least six and not more than 16 persons, shall be
classified as Group R-4.”
(4) Section 308.3 of the International Building Code is amended to read as follows:
“308.3 Group I-2. This occupancy shall include buildings and
structures used for personal, medical, surgical, psychiatric, nursing or
custodial care on a 24-hour basis of more than five persons who are
not capable of self-preservation. This group shall include, but not be
limited to, the following:
Hospitals
Nursing homes (both intermediate-care facilities and skilled
nursing facilities)
Mental hospitals
Detoxification facilities
Specialized Alzheimer’s Facilities or areas
Assisted Living Facilities (with residents beyond group I-1
limitations for capability)
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B UILDING C ODE § 5A-2-1
A facility such as the above with five or fewer persons shall be
classified as Group R-3 or shall comply with the International
Residential Code in accordance with Section 101.2.”
(5) Section 310.1 of the International Building Code is amended to read as follows:
“310.1 Residential Group R. Residential Group R includes, among
others, the use of a building or structure, or a portion thereof, for
sleeping purposes when not classified as an Institutional Group I or
when not regulated by the International Residential Code in
accordance with Section 101.2. Residential occupancies shall include
the following:
R-1 Residential occupancies where the occupants are primarily
transient in nature, including:
Boarding houses (transient)
Hotels (transient)
Motels (transient)
R-2 Residential occupancies containing sleeping units or more than
two dwelling units where the occupants are primarily permanent in
nature, and facilities providing personal care services that have
residents that are capable of self evacuation in an emergency
situation, including:
Apartment houses
Boarding houses (not transient)
Convents
Dormitories
Facilities providing personal care services (with residents that are
capable of self evacuation)
Fraternities and sororities
Hotels (nontransient)
Monasteries
Motels (nontransient)
Vacation timeshare properties
Facilities providing personal care services with 16 or fewer occupants
are permitted to comply with the construction requirements for
Group R-3.
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§ 5A-2-1 H AWAI‘I C OUNTY C ODE
R-3 Residential occupancies where the occupants are primarily
permanent in nature and not classified as Group R-1, R-2, R-4 or
I including:
Buildings that do not contain more than two dwelling units.
Adult facilities that provide accommodations for five or fewer
persons of any age for less than 24 hours.
Child care facilities that provide accommodations for five or fewer
persons of any age for less than 24 hours.
Congregate living facilities with 16 or fewer persons.
Adult and child care facilities that are within a single-family home are
permitted to comply with the International Residential Code in
accordance with Section 101.2.
R-4 Residential occupancies shall include buildings arranged for
occupancy as assisted living facilities including more than five but not
more than 16 occupants, excluding staff. Residents shall meet the
ability to evacuate requirements and other limitations as required in
Group I-1.
Group R-4 occupancies shall meet the requirements for construction
as defined for Group R-3, except as otherwise provided for in this code,
or shall comply with the International Residential Code.”
(6) The definition of “Personal Care Service” in Section 310.2 of the International
Building Code is amended to read as follows:
“PERSONAL CARE SERVICE. The care of residents who do not
require chronic or convalescent, health, medical or nursing care.
Personal care involves responsibility for the safety of the resident
while inside the building. The types of facilities providing personal
care services shall include, but not be limited to, the following:
assisted living facilities, residential care facilities, halfway houses,
group homes, congregate care facilities, social rehabilitation facilities,
alcohol and drug abuse centers and convalescent facilities.”
(7) The definition of “Residential Care/Assisted Living Facilities” in Section 310.2
of the International Building Code is amended to read as follows:
“ASSISTED LIVING FACILITIES. A building or part thereof housing
persons, on a 24-hour basis, who because of age, mental disability or
other reasons, live in a supervised residential environment which
provides personal care services and are licensed by the State.”
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B UILDING C ODE § 5A-2-1
(8) Section 310.3 of the International Building Code is added as an interim
provision until the International Residential Codes are adopted, to read
as follows:
“310.3.1 Dwellings and lodging houses. Congregate residences
(each accommodating 10 persons or less).
310.3.2 Construction, height and allowable area. Buildings or
parts of building classed Group R because of the use or character of
the occupancy shall be limited to the types of construction set forth in
Table 503 and shall not exceed allowable height as allowed by
the IBC.
310.3.3 Location on property. For fire-resistive protection of
exterior walls and openings, as determined by location on property,
see Section 503, Section 601, Section 704, Section 705 and Section 715
of the IBC.
310.3.4 Access and exit facilities and emergency escapes. Exits
shall be provided as specified in Chapter 10.
Access to, and egress from, buildings required to be accessible shall be
provided as specified in Chapter 11.
Basements in dwelling units and every sleeping room below the fourth
story shall have at least one operable window or door approved for
emergency escape or rescue which shall open directly into a public
street, public alley, yard or exit court. The units shall be operable
from the inside to provide a full clear opening without the use of
separate tools.
All escape or rescue windows shall have a minimum net clear
openable area of 5.7 square feet. The minimum net clear openable
height dimension shall be 24 inches. The minimum net clear openable
width dimension shall be 20 inches. When windows are provided as a
means of escape or rescue they shall have a finished sill height of not
more than 44 inches above the floor.
Bars, grilles, grates or similar devices may be installed on emergency
escape or rescue windows or doors, provided:
(1) The devices are equipped with approved released
mechanisms which are openable from the inside without the
use of a key or special knowledge or effort; and
(2) The building is equipped with smoke detectors installed in
accordance with Section 310.3.10.
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§ 5A-2-1 H AWAI‘I C OUNTY C ODE
Exceptions:
(1) Glass jalousie blade windows and fixed glass may be used for
emergency escape or rescue.
(2) Escape or rescue windows in Group R, Division 1 Occupancies
opening into an exterior exit balcony serving more than two
dwelling units or hotel guest rooms shall have a finished sill
height not more than 68 inches above the floor.
310.3.5 Light, ventilation and sanitation.
(a) General. For the purpose of determining the light or ventilation
required by this section, any room may be considered as a portion
of an adjoining room when half of the area of the common wall is
open and unobstructed and provides an opening of not less than
one tenth of the floor area of the interior room or 25 square feet,
whichever is greater.
Exterior openings for natural light or ventilation required by this
section shall open directly onto a public way or a yard or court
located on the same lot as the building.
Exceptions:
(1) Required windows may open into a roofed porch where
the porch:
(A) Abuts a public way, yard or court; and
(B) Has a ceiling height of not less than 7 feet; and
(C) Has a longer side at least 65 percent open and
unobstructed.
(2) Skylights.
(b) Light. Guest rooms and habitable rooms within a dwelling unit
or congregate residence shall be provided with natural light by
means of exterior glazed opening with an area not less than one
tenth of the floor area of such rooms with a minimum of 5
square feet.
(c) Ventilation. Guest rooms and habitable rooms within a dwelling
unit or congregate residence shall be provided with natural
ventilation by means of an openable exterior opening with an area
of not less than one twentieth of the floor area of such rooms with
a minimum of 5 square feet.
In lieu of required exterior opening for natural ventilation, a
mechanical ventilating system may be provided. Such system
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B UILDING C ODE § 5A-2-1
shall be capable of providing two air changes per hour in all guest
rooms, dormitories, habitable rooms and in public corridors. One
fifth of the air supply shall be taken from the outside.
Bathrooms, water closet compartments, laundry rooms and
similar rooms shall be provided with natural ventilation by means
of openable exterior openings with an area not less than one
twentieth of the floor area of such rooms with a minimum of 1½
square feet.
In lieu of required exterior openings for natural ventilation in
bathrooms containing a bathtub or shower or combination thereof,
laundry rooms and similar rooms, a mechanical ventilation
system connected directly to the outside capable of providing five
air changes per hour shall be provided. The point of discharge of
exhaust air shall be at least 3 feet from any opening into the
building. Bathrooms which contain only a water closet or
lavatory or combination thereof, and similar rooms may be
ventilated with an approved mechanical recirculating fan or
similar device designed to remove odors from the air.
(d) Sanitation. Every building shall be provided with at least one
water closet. Hotels or subdivisions thereof where both sexes are
accommodated shall contain at least two separate toilet facilities
which are conspicuously identified for male or female use, each of
which contains at least one water closet. The water closet stool
shall be located in a clear space not less than 30 inches in width.
The clear space in front of the water closet stool shall not be less
than 24 inches.
Dwellings shall be provided with a kitchen equipped with a
kitchen sink. Dwelling units, congregate residences and lodging
houses shall be provided with a bathroom equipped with facilities
consisting of a water closet, lavatory and either a bathtub or
shower. Each sink, lavatory and either a bathtub or shower shall
be equipped with hot and cold running water necessary for its
normal operation.
No dwelling or dwelling unit containing two or more guests rooms
shall have room arrangements such that access to a bathroom or
water closet compartment intended for use by occupants of more
than one sleeping room can be had only by going through another
sleeping room, nor shall room arrangements be such that access
to a sleeping room can be had only by going through another
sleeping room or a bathroom or water closet compartment.
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§ 5A-2-1 H AWAI‘I C OUNTY C ODE
310.3.6 Yards and courts.
(a) Scope. This section shall apply to yards and courts having
required windows opening therein.
(b) Yards. Yards shall not be less than 3 feet in width for one-story
and two-story buildings. For buildings more than two stories in
height, the minimum width of the yard shall be increased at the
rate of 1 foot for each additional story. For buildings exceeding 14
stories in height, the required width of the yard shall be computed
on the basis of 14 stories.
(c) Courts shall not be less than 3 feet in width. Courts having
windows opening on opposite sides shall not be less than 6 feet in
width. Courts bounded on three or more sides by the walls of the
building shall not be less than 10 feet in length unless bounded on
one end by a public way or yard. For buildings more than two
stories in height, the court shall be increased 1 foot in width and 2
feet in length for each additional story. For buildings exceeding
14 stories in height, the required dimensions shall be computed
on the basis of 14 stories.
Adequate access shall be provided to the bottom of all courts for
cleaning purposes. Every court more than two stories in height
shall be provided with a horizontal air intake at the bottom not
less than 10 square feet in area and leading to the exterior of the
building unless abutting a yard or public way. The construction
of the air intake shall be as required for the court walls of the
building, but in no case shall be less than one-hour fire resistive.
310.3.7 Room dimensions.
(a) Ceiling heights. Habitable space shall have a ceiling height of
not less than 7 feet 6 inches except as otherwise permitted in this
section. Kitchens, halls, bathrooms and toilet compartments may
have a ceiling height of not less than 7 feet measured to the
lowest projection from the ceiling. Where exposed beam ceiling
members are spaced at less than 48 inches on center, ceiling
height shall be measured to the bottom of these members. Where
exposed beam ceiling members are spaced at 48 inches or more on
center, ceiling height shall be measured to the bottom of the deck
supported by these members, provided that the bottom of the
members is not less than 7 feet above the floor.
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B UILDING C ODE § 5A-2-1
If any room in a building has a sloping ceiling, the prescribed
ceiling height for the room is required in only one half the area
thereof. No portion of the room measuring less than 5 feet from
the finished floor to the finished ceiling shall be included in any
computation of the minimum area thereof.
If any room has a furred ceiling, the prescribed ceiling height is
required in two thirds the area thereof, but in no case shall the
height of the furred ceiling be less than 7 feet.
(b) Floor area. Dwelling units and congregate residences shall have
at least one room which shall have not less than 120 square feet
of floor area. Other habitable rooms except kitchens shall have an
area of not less than 70 square feet. Efficiency dwelling units
shall comply with the requirements of Section 310.3.8.
(c) Width. Habitable rooms other than kitchen shall not be less than
7 feet in any dimension.
310.3.8 Efficiency dwellings units. An efficiency dwelling unit
shall conform to the requirements of the code except as herein
provided:
(1) The unit shall have a living room of not less than 220 square
feet of superficial floor area. An additional 100 square feet of
superficial floor area shall be provided for each occupant of
such unit in excess of two.
(2) The unit shall be provided with a separate closet.
(3) The unit shall be provided with a kitchen sink, cooking
appliance and refrigeration facilities, each having a clear
working space of not less than 30 inches in front. Light and
ventilation conforming to this code shall be provided.
(4) The unit shall be provided with a separate bathroom
containing a water closet, lavatory and bathtub or shower.
310.3.9 Shaft and exit enclosures. Exits shall be enclosed as
specified in Section 1020. Elevator shafts, vent shafts, dumbwaiter
shafts, clothes chutes and other vertical openings shall be enclosed
and the enclosure shall be as specified in Section 707.
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§ 5A-2-1 H AWAI‘I C OUNTY C ODE
310.3.10 Smoke detectors.
(a) General. Dwelling units, congregate residences and hotel or
lodging house guest rooms that are used for sleeping purposes
shall be provided with smoke detectors. Detectors shall be
installed in accordance with the approved manufacturer’s
instructions.
(b) Additions, alterations or repairs to Group R Occupancies.
When the valuation of an addition, alteration or repair to a Group
R Occupancy sleeping room exceeds $1,000 and a permit is
required, or when one or more sleeping rooms are added or
created in existing Group R Occupancies, smoke detectors shall be
installed in accordance with subsections (c), (d), and (e) of this
section.
(c) Power source. In new construction, required smoke detectors
shall receive their primary power from the building wiring when
such wiring is served from a commercial source and shall be
equipped with a battery backup. The detector shall emit a signal
when the batteries are low. Wiring shall be permanent and
without a disconnecting switch other than those required for
overcurrent protection. Smoke detectors may be solely battery
operated when installed in existing buildings; or in buildings
without commercial power; or in buildings which undergo
alterations, repairs or additions regulated by subsection (b) of this
section.
(d) Location within dwelling units. In dwelling units, a detector
shall be installed in each sleeping room and at a point centrally
located in the corridor or area giving access to each separate
sleeping area. When the dwelling unit has more than one story
and in dwellings with basements, a detector shall be installed on
each story and in the basement. In dwelling units where a story
or basement split into two or more levels, the smoke detector shall
be installed on the upper level, except that when the lower level
contains a sleeping area, a detector shall be installed on each
level. When sleeping rooms are on an upper level, the detector
shall be placed at the ceiling of the upper level in close proximity
to the stairway. In dwellings units where the ceiling height of a
room open to the hallway serving the bedrooms exceeds that of
the hallway by 24 inches or more, smoke detectors shall be
installed in the hallway and in the adjacent room. Detectors shall
sound an alarm audible in all sleeping areas of the dwelling unit
in which they are located.
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B UILDING C ODE § 5A-2-1
(e) Location in efficiency dwelling units, congregate
residences and hotels. In efficiency dwelling units, hotel suites
and in hotel and congregate residences sleeping rooms, detectors
shall be located on the ceiling or wall of the main room or each
sleeping room. When sleeping rooms within an efficiency
dwelling unit or hotel suite are on an upper level, the detector
shall be placed at the ceiling of the upper level in close proximity
to the stairway. When actuated, the detector shall sound an
alarm audible within the sleeping area of the dwelling unit, hotel
suite or sleeping room in which it is located.
310.3.11 Fire alarm systems. Fire alarm systems shall comply with
the Fire Code and be approved by the fire chief.
310.3.12 Cooking unit clearance.
(a) Minimum vertical clearance. There shall be a minimum
vertical clearance of not less than 30 inches between the cooking
top of domestic oil, gas, and electric ranges and the underside of
unprotected combustible material above such ranges. When the
underside of such combustible material is protected with
insulated millboard of at least ¼ inch thick covered with sheet
metal of not less than 0.021 inch thick (No 28 U.S. gauge) or a
metal ventilating hood, the distance shall be not less than 24
inches.
(b) Minimum horizontal clearance. The minimum horizontal
clearance from edge of the burner head(s) of top (or surface)
cooking unit to combustible walls extending above the cooking
surface shall be not less than 12 inches.
Exception: Walls of combustible materials to be installed within
12 inches of a cooking unit shall be provided with protection
equivalent to ½-inch gypsum wallboard covered with laminated
plastic. The height of the laminated plastic shall be 12 inch
minimum.
(c) Alternate materials. Where alternate materials other than as
specified in subsections (a) and (b) are used as approved by the
building official, the surface of such material shall have a smooth
nonabsorbent finish.”
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§ 5A-2-1 H AWAI‘I C OUNTY C ODE
(9) Section 403.8 of the International Building Code is amended to read as follows:
“403.8 Fire command station. Fire command stations shall comply
with the Fire Code and be approved by the fire chief.”
(10) Section 419.4 of the International Building Code is added to read as follows:
“419.4 Group I-1 assisted living facilities. Group I-1 Assisted
Living Facilities shall comply with the provisions of Sections 419.4.1
and 419.4.2.
419.4.1 Building story limitations. Buildings shall not exceed one
story in Type VB construction, two stories in Types IIB, III, IV, and
VA construction, and three stories in Type IIA construction, including
any allowable automatic sprinkler increases. Other construction type
limitations on stories shall be limited by the provisions of Chapter 5.
4.19.4.2 Group I-1 smoke barriers. Group I-1 occupancies shall be
provided with at least one smoke barrier in accordance with Section
709. Smoke barriers shall subdivide every story used by residents for
sleeping or treatment into at least two smoke compartments. Each
compartment shall have not more than 16 sleeping rooms, and the
travel distance from any point in a smoke compartment to a smoke
barrier door shall not exceed 150 feet (45,720 mm). At least 10 square
2
feet (0.93 m) of refuge area per resident shall be provided within the
aggregate area of corridors, treatment rooms, or other low hazard
common space rooms on each side of each smoke barrier.”
(11) Section 903.2.5 of the International Building Code is amended to read as
follows:
“903.2.5 Group I. An automatic sprinkler system shall be provided
throughout buildings with Group I fire area.”
(12) Section 903.2.7 of the International Building Code is amended to read as
follows:
“903.2.7 Group R. An automatic sprinkler system installed in
accordance with Section 903.3 shall be provided throughout all
buildings with a Group R fire area.
Exception: R-3 residential occupancies.”
SUPP. 9 (1-2021)
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B UILDING C ODE § 5A-2-1
(13) Section 911.1 of the International Building Code is amended to read as follows:
“911.1 Features. Where required by other sections of this code, a fire
command center for fire department operations shall be provided and
shall comply with the Fire Code and be approved by the fire chief.”
(14) Section 1008.2 of the International Building Code is amended to read as
follows:
“1008.2 Gates. Gates serving the means of egress system shall
comply with the requirements of this section. Gates used as a
component in a means of egress shall conform to the applicable
requirements for doors.
Exceptions:
(1) Horizontal sliding or swinging gates exceeding the 4-foot
(1219 mm) maximum leaf width limitation are permitted in
fences and walls surrounding a stadium.
(2) Security gates may be permitted across corridors or
passageways in school buildings if there is a readily visible
durable sign on or adjacent to the gate, stating ‘THIS GATE
IS TO REMAIN SECURED IN THE OPEN POSITION
WHENEVER THIS BUILDING IS IN USE’. The sign shall be
in letters not less than one inch high on a contrasting
background. The use of this exception may be revoked by the
building official for due cause.”
(15) Chapter 11 of the International Building Code is deleted in its entirety and
replaced with the following:
“Chapter 11 - Accessibility
1101 Scope. Buildings or portions of buildings shall be accessible to
persons with disabilities in accordance with the following regulations:
(1) For construction of buildings or facilities of the State and
County Governments, compliance with section 103-50,
Hawai‘i Revised Statutes, administered by the Disability and
Communication Access Board, State of Hawai‘i.
(2) Americans with Disabilities Act, administered and enforced
by the U.S. Department of Justice.
(3) Fair Housing Act, administered and enforced by the U.S.
Department of Housing and Urban Development.
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§ 5A-2-1 H AWAI‘I C OUNTY C ODE
(4) Other pertinent laws relating to disabilities shall be
administered and enforced by agencies responsible for their
enforcement.
Prior to the issuance of a building permit, the owner (or the owner’s
representative, professional architect, or engineer) shall submit a
statement that all requirements, relating to accessibility for persons
with disabilities, shall be complied with.”
(16) Section 1203.2.2 of the International Building Code is added to read as follows:
“1203.2.2 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.”
(17) Section 1603.3 of the International Building Code is amended to read as
follows:
“1603.3 Live loads posted. Where the live loads for which each floor
or portion thereof of a commercial or industrial building is or has been
2
designed to exceed 100 psf (4.80 kN/m), such design live loads shall
be conspicuously posted by the owner in that part of each story in
which they apply, using durable signs. It shall be unlawful to remove
or deface such notices.”
(18) Section 1611.1 of the International Building Code is amended to read as
follows:
“1611.1 Design rain loads. Each portion of a roof shall be designed
to sustain the load of rainwater that will accumulate on it if the
primary drainage system for that portion is blocked plus the uniform
load caused by water that rises above the inlet of the secondary
drainage system at its design flow. The design rainfall rate shall be
based on the 100-year 1-hour rainfall rate indicated in Figure 1611.1
as published by the National Weather Service or on other rainfall
rates determined from approved local weather data.”
SUPP. 9 (1-2021)
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B UILDING C ODE § 5A-2-1
(19) Table 1613.5.6(1) in the International Building Code is amended to read as
follows:
TABLE 1613.5.6(1)
SEISMIC DESIGN CATEGORY BASED ON
SHORT-PERIOD RESPONSE ACCELERATIONS
Occupancy Category
VALUE OF S
DS
I or II III IV
S< 0.167gA AA
DS
< 0.33g B BC
DS
< 0.50gC CD
DS
< 0.60g C D D
DS
DD D
DS
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§ 5A-2-1 H AWAI‘I C OUNTY C ODE
(20) Table 1613.5.6(2) in the International Building Code is amended to read as
follows:
TABLE 1613.5.6(2)
SEISMIC DESIGN CATEGORY BASED ON
1-SECOND PERIOD RESPONSE ACCELERATION
Occupancy Category
VALUE OF S
DI
I or IIIIIIV
S < 0.067gAA A
DI
< 0.133g BB C
DI
< 0.20g CC D
DI
< 0.25g CDD
DI
D DD
DI
(21) The definition of “Structural Observation” in Section 1702 of the International
Building Code is amended to read as follows:
“STRUCTURAL OBSERVATION. Structural Observation defined in
accordance with Hawai‘i Administrative Rules of the Department of
Commerce and Consumer Affairs, Title 16, Chapter 115,
implementing Hawai‘i Revised Statutes chapter 464. Structural
observation does not include or waive the responsibility for the
inspection required by Section 109, 1704 or other sections of this
code.”
(22) Section 1704.1 of the International Building Code is amended to read as
follows:
“1704.1 General. Where application is made for construction as
described in this section, the owner or the registered design
professional in responsible charge 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 Sections 1704 and 1707.
The special inspector shall be a qualified person who shall
demonstrate competence, to the satisfaction of the building official, for
inspection of the particular type of construction or operation requiring
special inspection. These inspections are in addition to the inspections
specified in Section 109.
Exceptions:
(1) Special inspections are not required for work of a minor
nature or as warranted by conditions in the jurisdiction as
approved by the building official.
SUPP. 9 (1-2021)
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B UILDING C ODE § 5A-2-1
(2) Special inspections are not required for building components
unless the design involves the practice of professional
engineering or architecture as defined by applicable state
statutes and regulations governing the professional
registration and certification of engineers or architects.
(3) Unless otherwise required by the building official, special
inspections are not required for occupancies in Group R-3 as
applicable in Section 101.2 and occupancies in Group U that
are accessory to a residential occupancy including, but not
limited to, those listed in Section 312.1.”
(23) Section 1704.1.1 of the International Building Code is amended to read as
follows:
“1704.1.1 Statement of special inspections. The construction
drawings shall include a complete list of special inspections required
by this section.”
(24) Section 1704.1.2 of the International Building Code is amended to read as
follows:
“1704.1.2 Report requirement. Special inspectors shall keep
records of inspections. The special inspector shall furnish inspection
reports to the owner, and licensed engineer or architect of record.
Reports shall indicate that work inspected was done in conformance to
approved construction documents. Discrepancies shall be brought to
the immediate attention of the contractor for correction, then, if
uncorrected, to the licensed engineer or architect of record and to the
building official. The special inspector shall submit a final signed
report to the owner and licensed engineer or architect of record,
stating whether the work requiring special inspection was, to the best
of the inspector’s knowledge, in conformance to the approved plans
and specifications and the applicable workmanship provisions of this
code. Prior to the final inspection required under Section 109.3.10, the
licensed engineer or architect of record shall submit a written
statement verifying receipt of the final special inspection reports and
documenting that there are no known unresolved code requirements
that create significant public safety deficiencies.”
(25) Section 1705 of the International Building Code is deleted in its entirety.
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§ 5A-2-1 H AWAI‘I C OUNTY C ODE
(26) Section 1709 of the International Building Code is amended to read as follows:
“1709 Structural observations. Structural observations shall be
performed in accordance with Hawai‘i Revised Statutes, chapter 464,
section 5, administered and enforced by the department of commerce
and consumer affairs.”
(27) Section 1808.2.7 of the International Building Code is amended to read as
follows:
“1808.2.7 Splices. Splices shall be constructed so as to provide and
maintain true alignment and position of the component parts of the
pier or pile during installation and subsequent thereto and shall be of
adequate strength to transmit the vertical and lateral loads and
moments occurring at the location of the splice during driving and
under service loading. Splices occurring in the upper 10 feet (3048
mm) of the embedded portion of the pier or pile shall be capable of
resisting at allowable working stresses the moment and shear that
would result from an assumed eccentricity of the pier or pile load of 3
inches (76 mm), or the pier or pile shall be braced in accordance with
Section 1808.2.5 to other piers or piles that do not have splices in the
upper 10 feet (3048 mm) of embedment.”
(28) Section 2104.1.9 of the International Building Code is added to read as follows:
“2104.1.9 Cleanouts. Cleanouts shall be provided for all grout pours
over 5 feet 4 inches in height. Special provisions shall be made to keep
the bottom and sides of the grout spaces, as well as the minimum total
clear area required by ACI 530.1-05/ASCE 6-05/TMS 602-05 clean and
clear prior to grouting.
Exception: Cleanouts are not required for grout pours 8 feet or less
in height providing all of the following conditions are met:
(1) The hollow masonry unit is 8-inch nominal width or greater
with specified compressive strength fless than or equal to
m
1,500 psi;
(2) Fine grout is used complying with ASTM C-476 minimum
compressive strength of 2,500 psi; and
(3) Special Inspection is provided.”
SUPP. 9 (1-2021)
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B UILDING C ODE § 5A-2-1
(29) Section 2303.1.8 of the International Building Code is repealed and replaced in
its entirety to read as follows:
“2303.1.8 Preservative-treated wood. Structural lumber, including
plywood, posts, beams, rafters, joists, trusses, studs, plates, sills,
sleepers, roof and floor sheathing, flooring and headers of new wood-
frame buildings and additions shall be:
(1) Treated in accordance with AWPA Standard U1 (UC1 thru
UC4B) for AWPA Standardized Preservatives, all marked or
branded and monitored by an approving agency. Incising is
not required, providing that the retention and penetration
requirements of these standards are met.
(2) For SBX disodium octaborate tetrahydrate (DOT), retention
shall be not less than 0.28 pcf BO(0.42 pcf DOT) for
23
exposure to Formosan termites. All such lumber shall be
protected from direct weather exposure as directed in AWPA
UC1 and UC2.
(3) For structural glued-laminated members made up of
dimensional lumber, engineered wood products, or structural
composite lumber, pressure treated in accordance with AWPA
U1 (UC1 thru UC4B) or by Light Oil Solvent Preservative
(LOSP) treatment standard as approved by the building
official. Water based treatment processes as listed in
paragraphs 1 and 2 are not allowed to be used on these
products unless specified by a structural engineer for use
with reduced load values and permitted by the product
manufacturer.
(4) For structural composite wood products, treated by non-
pressure processes in accordance with AWPA Standard U1
(UC1, UC2 and UC3A) or approved by the building official.
2303.1.8.1 Treatment. Wood treatment shall include the following:
(1) A quality control and inspection program which meets or
exceeds the current requirements of AWPA Standards M2-01
and M3-03;
(2) Inspection and testing for the treatment standards as
adopted by this code shall be by an independent agency
approved by the building official, accredited by the American
Lumber Standards Committee (ALSC) and contracted by the
treating company;
(3) Field protection of all cut surfaces with a preservative, which
shall be applied in accordance with AWPA Standard M-4-02
or in accordance with the approved preservative
manufacturer’s ICC-Evaluation Services report requirements.
SUPP. 9 (1-2021)
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§ 5A-2-1 H AWAI‘I C OUNTY C ODE
2303.1.8.2 Labeling. Labeling shall be applied to all structural
lumber 2 inches or greater nominal thickness, with the following
information provided on each piece as a permanent ink stamp on one
face or on a durable tag permanently fastened to ends with the
following information:
(1) Name of treating facility;
(2) Type of preservative;
(3) AWPA use category;
(4) Quality mark of third party inspection agency;
(5) Retention minimum requirements; and
(6) Year of treatment.
All lumber less than 2 inches in nominal thickness, shall be identified
per bundle by means of a label consisting of the above requirements.
Labels measuring no less than 6 inches by 8 inches shall be placed on
the lower left corner of the strapped bundle.
2303.1.8.3 Moisture content of treated wood. When wood
pressure treated with a water-borne preservative is used in enclosed
locations where drying in service cannot readily occur, such wood shall
be at a moisture content of 19 percent or less before being covered
with insulation, interior wall finish, floor covering or other material.”
(30) Section 2304.9.5 of the International Building Code is amended to read as
follows:
“2304.9.5 Fasteners in non-borate-preservative-treated and
fire-retardant-treated wood. Fasteners for preservative-treated
and fire-retardant-treated wood, other than Borate (SBX, ZB) or LSOP
treatments as approved in Section 2303.1.8 Preservative-Treated
Wood, shall be of hot dipped zinc-coated galvanized steel, stainless
steel, silicone bronze or copper. The coating weights for zinc-coated
fasteners shall be in accordance with ASTM A 153.
Exception: Fasteners other than nails, timber rivets, wood screws
and lag screws shall be permitted to be of mechanically deposited zinc-
coated steel with coating weights in accordance with ASTM B 695,
Class 55 minimum.
Fastenings for wood foundations shall be as required in AF&PA
Technical Report No. 7.”
SUPP. 9 (1-2021)
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B UILDING C ODE § 5A-2-1
(31) Section 2304.11 of the International Building Code is amended to read as
follows:
“2304.11 Protection against decay and termites.
2304.11.1 General. Where required by this section, protection from
decay and termites shall be provided by the use of naturally durable
or preservative-treated wood.
2304.11.2 Wood used above ground. Structural lumber installed
above ground shall be preservative-treated wood in accordance with
Section 2303.1.8.
2304.11.2.1 Soil treatment and termite barriers. Where
structural lumber of wood frame buildings or structures are supported
directly on the ground by a concrete slab, or concrete and/or masonry
foundation Formosan subterranean termite protection shall be
provided by either chemically treating the soil beneath and adjacent to
the building or structure by a Hawai‘i licensed pest control operator,
or stainless steel termite barrier, or other termite protection measures
approved by the Building Official.
All soil treatment, stainless steel termite barrier, and termite
protection measures shall be installed according to manufacturer’s
recommendations for control of Formosan subterranean termites.
2304.11.3 Wood in ground contact. Wood supporting permanent
buildings and structures, which is in direct soil contact or is embedded
in concrete or masonry in direct contact with earth shall be treated to
the appropriate commodity specification of AWPA Standard U1.
Wood in direct soil contact but not supporting any permanent
buildings or structures shall be treated to the appropriate commodity
specification of AWPA Standard U1 for ground contact.
2304.11.4 Retaining walls. Wood in retaining or crib wall shall be
treated to AWPA Standard U1.
2304.11.5 Wood and earth separation. Where wood is used with
less than 6-inch vertical separation from earth (finish grade), it shall
be treated for ground-contact use.
SUPP. 9 (1-2021)
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§ 5A-2-1 H AWAI‘I C OUNTY C ODE
Where planter boxes are installed adjacent to wood frame walls, a 2-
inch-wide (51 mm) air space shall be provided between the planter
and the wall. Flashings shall be installed when the air space is less
than 6 inches (152 mm) in width. Where flashing is used, provisions
shall be made to permit circulation of air in the air space. The wood-
frame wall shall be provided with an exterior wall covering conforming
to the provisions of Section 2304.6.
2304.11.6 Under-floor clearance for access and inspection.
Minimum clearance between the bottom of floor joists or bottom of
floors without joists and the ground beneath shall be 24 inches; the
minimum clearance between the bottom of girders and the ground
beneath shall be 18 inches.
Exception: Open slat wood decks shall have ground clearance of at
least 6 inches for any wood member.
Accessible under-floor areas shall be provided with a minimum 18
inch-by 24 inch access opening, effectively screened or covered. Pipes,
ducts and other construction shall not interfere with the accessibility
to or within under-floor areas.
2304.11.7 Wood used in retaining walls and cribs. Wood installed
in retaining or crib walls shall be preservative treated in accordance
with AWPA U1 (Commodity Specifications A or F) for soil and fresh
water use.
2304.11.8 Weather exposure. All portions of timbers (over 5-inch
nominal width) and glued-laminated timbers that form structural
supports of a building or other structure shall be protected by a roof,
eave, overhangs, flashings, or similar coverings.
All wood or wood composite panels, in weather-exposed applications,
shall be of exterior type.
2304.11.9 Water splash. Where wood-frame walls and partitions are
covered on the interior with plaster, tile or similar materials and are
subject to water splash, the framing shall be protected with approved
waterproof paper conforming to section 1404.2.
2304.11.10 Pipe and other penetrations. Insulations around
plumbing pipes shall not pass through ground floor slabs. Openings
around pipes or similar penetrations in a concrete or masonry slab,
which is in direct contact with earth, shall be filled with non-shrink
grout, BTB, or other approved physical barrier.”
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B UILDING C ODE § 5A-2-1
(32) Section 2308.1 of the International Building Code is amended to read as
follows:
“2308.1 General. The requirements of this section are intended for
conventional light-frame construction. Other methods are permitted to
be used, provided a satisfactory design is submitted showing
compliance with other provisions of this code. Interior nonload-bearing
partitions, ceilings and curtain walls of conventional light-frame
construction are not subject to the limitations of this section.
Alternatively, compliance with AF&PA WFCM shall be permitted
subject to the limitations therein and the limitations of this code.”
(33) Section 2701.1 of the International Building Code is amended to read as
follows:
“2701.1 Scope. This chapter governs the electrical components,
equipment and systems used in buildings and structures covered by
this code. Electrical components, equipment and systems shall be
designed and constructed in accordance with the provisions of the
National Electrical Code, NFPA 70.”
(34) Section 2901.1 of the International Building Code is amended to read as
follows:
“2901.1 Scope. The provisions of this chapter and the Uniform
Plumbing Code shall govern the erection, installation, alteration,
repairs, relocation, replacement, addition to, use or maintenance of
plumbing equipment and systems. Plumbing systems and equipment
shall be constructed, installed and maintained in accordance with the
Uniform Plumbing Code and adopted amendments. Private sewage
disposal systems shall conform to the International Private Sewage
Disposal Code.”
(35) Section 3001.1 of the International Building Code is amended to read as
follows:
“3001.1 Scope. This chapter shall be a guideline and governs the
design, construction, installation, alteration and repair of elevators
and conveying systems and their components. If this chapter conflicts
with another applicable law of the jurisdiction, then said applicable
law shall prevail over this chapter.”
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§ 5A-2-1 H AWAI‘I C OUNTY C ODE
(36) Section 3109.3 of the International Building Code is amended to read as
follows:
“3109.3 Public swimming pools. Public swimming pools shall be
completely enclosed by a fence at least 4 feet (1219 mm) in height or a
screen enclosure. Openings in the fence shall not permit the passage
of a 4-inch-diameter (102 mm) sphere. The fence or screen enclosure
shall be equipped with self-closing and self-latching gates.
Exception: Swimming, dipping, or wading pools located on the
premises of a hotel are not required to be enclosed.”
(37) Section 3405.1 of the International Building Code is amended to read as
follows:
“3405.1 Conformance. The installation or replacement of glass shall
be as required by Chapter 24 for new installations.”
(38) Section 3410.3.2 of the International Building Code is amended to read as
follows:
“3410.3.2 Compliance with other codes. Buildings that are
evaluated in accordance with this section shall comply with the State
Fire Code.”
(2020, ord 20-61, sec 3.) 5A-2-1
Article 3. Adoption, Amendment, and Addition of Appendices.
Division 1. Appendices of International Building Code Adopted.
Section 5A-3-1. Appendices not applicable.
Provisions in the appendices of the International Building Code, 2006 Edition, shall
not apply unless specifically adopted.
(2020, ord 20-61, sec 3.) 5A-3-1
Section 5A-3-2. Appendices adopted.
The following appendices of the IBC are hereby adopted and incorporated by
reference herein and made a part of this code, subject to the amendments hereinafter
set forth in this article:
(1) Appendix C, Group U-Agricultural Buildings; and
(2) Appendix I, Patio Covers.
(2020, ord 20-61, sec 3.) 5A-3-2
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B UILDING C ODE § 5A-3-3
Section 5A-3-3. Amendments to Appendix C; Group U – agricultural
buildings.
Section C101, General, is amended by adding the following:
“C101.2 Horticulture buildings. Buildings and structures of Group
U Occupancy for horticultural use with covering of wire screen,
cheesecloth, or non-rigid plastic sheets are not required to conform to
the requirements of Chapters 4-9, 11-26, 28, 30, 31, 34 and 35 of this
code when located in areas zoned for agricultural use and not part of
any other structure.
C101.3 Fences.
C101.3.1 General. Fences shall be constructed in accordance with
this code and all applicable County and State regulations.
C101.3.2 Barbed or razor wire fences. Barbed or razor wire shall
not be used for construction of any fence.
Exceptions:
(a) Barbed or razor wire may be used in fences enclosing the
following premises, provided that barbed or razor wire shall
be placed along or above the height of 6 feet from the ground,
subject to the approval of the fire department:
(1) Any “public utility” as defined in section 269-1, Hawai‘i
Revised Statutes;
(2) Premises in industrial zoned districts and used for
storage or handling of hazardous materials, and premises
zoned I-2 or I-3, intensive or waterfront industrial
districts which are used for industrial purposes and are
not adjacent to premises used for other purposes;
(3) Zoos for keeping animals and birds for public view or
exhibition;
(4) Jails, prisons, reformatories, and other institutions
which are involved in law enforcement or military
activities where security against entry is an important
factor.
(b) Barbed wire may be used in premises used for pasturing
livestock, including but not limited to: horses; cattle; sheep;
goats; camelids; and pigs, or to keep wild animals out.
Section C101.3.3 Construction barrier. See Section 3306 for
fences allowed during construction or demolition.”
(2020, ord 20-61, sec 3.) 5A-3-3
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§ 5A-3-21 H AWAI‘I C OUNTY C ODE
Division 2. Appendices Added to the International Building Code.
Section 5A-3-21. Appendices added to International Building Code.
The following appendices are hereby added to the International Building Code and
made a part of this code, as set forth in full in this article:
(1) Appendix L, Factory-Built Housing;
(2) Appendix M, Thatch Material on Exterior of Buildings – Protection Against
Exposure Fires;
(3) Appendix U, Hawai‘i Hurricane Sheltering Provisions for New Construction;
(4) Appendix W, Hawai‘i Wind Design Provisions for New Construction;
(5) Appendix X, Indigenous Hawaiian Architecture Structures; and
(6) Appendix Y, Tiny Houses.
(2020, ord 20-61, sec 3.) 5A-3-21
Section 5A-3-22. Appendix L; Factory-Built Housing.
Appendix L is added to read as follows:
“APPENDIX L
FACTORY-BUILT HOUSING
SECTION L101
APPLICABILITY
L101.1 Purpose. These provisions are applicable to the design,
construction, installation, and transportation of factory-built housing
(FBH) within the County. Unless otherwise specified this article shall
be applicable only to FBH which is sold or offered for sale to first users
as defined below.
Exception: Manufactured homes manufactured and certified in
accordance with the Manufactured Home Construction and Safety
Standards as promulgated by the United States Department of
Housing and Urban Development. Foundation, exterior stairs,
additions and accessory structures shall comply with Article 1,
Adoption of the International Building Code and International
Residential Code for One- and Two-Family Dwellings.
All provisions of the building, housing, electrical, and plumbing codes
shall be applicable unless indicated otherwise in this article.
L101.2 Definitions. The following terms are defined for specialized
use within this article:
“Building official” means the director of the department of public
works or the director’s authorized representative.
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B UILDING C ODE § 5A-3-22
“Factory-built housing” means any structure or portion thereof
designed primarily for residential occupancy by human beings, which
is either entirely prefabricated or assembled at a place other than the
building site.
“First user” means a person, firm or corporation who initially
installs FBH within this State. A person who subsequently purchases
an installed FBH is not a first user within the meaning of this
definition.
“Insignia of approval” means a tag, tab, stamp, label or other
device issued by the building official to indicate compliance with the
statutes and these rules.
“Installation” means the assembly of FBH on site and the process
of affixing FBH to land, a foundation or an existing building.
“Manufacture” means the process of making, fabricating,
constructing, forming, or assembling a FBH at a place other than the
building site.
“Site” means the parcel of land on which FBH is installed.
L101.3 Building permit required.
(a) No person shall perform any of the following work or cause or
permit the same to be done on any FBH in the County, without
first obtaining a permit for this work from the building official:
(1) Manufacture, install, erect, construct, enlarge, alter, repair,
relocate, improve, remove, convert, or demolish any FBH;
(2) Manufacture, erect, install, enlarge, alter, repair, remove,
convert, or replace any electrical work; or
(3) Manufacture, erect, install, enlarge, alter, repair, remove,
convert, or replace any plumbing, fire sprinkler, gas, or
drainage piping work, or any fixture, gas appliance, water
heating, or water treating equipment.
(b) To obtain a permit, an applicant shall comply with sections: 5-4-1;
5-4-2, 5-4-3, 5-4-4, 5-4-5, 5-4-6, 5-4-7, and 5-4-8.
L101.4 Building permit fee. A fee for each building permit as set
forth in section 5-7-3 of chapter 5, shall be paid to the building official.
L101.5 Insignia of approval.
(a) FBH manufactured in this County which is sold or offered for sale
to first users within this County shall bear the insignia of
approval issued by the building official indicating that the FBH is
in compliance with this article.
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§ 5A-3-22 H AWAI‘I C OUNTY C ODE
(b) FBH manufactured outside the County shall bear the insignia of
approval issued by any governmental or inspectional agency
approved by the building official.
L101.6 Performance of building, electrical, and plumbing
work.
(a) All building, electrical, and plumbing work performed within the
State of Hawai‘i shall comply with State of Hawai‘i contracting
and licensing laws and regulations.
(b) All building, electrical, and plumbing work to be performed at the
factory outside of this state must be accomplished:
(1) Under the supervision of a licensed building contractor,
licensed supervising electrician, or master plumber,
respectively, of the state in which the factory is located, if the
manufacturer submits a quality control manual which is
approved by the building official; or
(2) By licensed building contractors, electricians, or plumbers,
respectively, of the state in which the factory is located.
L101.7 Inspections.
(a) Each and every FBH manufactured outside of this County shall
be inspected by a governmental or inspectional agency approved
by the building official in conformance with the quality assurance
standards approved by the building official and in compliance
with County of Hawai‘i codes and regulations.
(b) All manufacturing work, including building, electrical, and
plumbing, shall be inspected in the factory by the building official
to ensure compliance with the requirements of the construction
code. It shall be the duty of the permit holder or their agent, to
cause the work to remain accessible and exposed for inspection
purposes. All inspections of FBH shall comply with sections 5-8-1,
5-8-2, 5-8-3, 5-8-4, 5-8-5, 5-8-6, and 5-8-7.
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B UILDING C ODE § 5A-3-22
L101.8 Manufacturer’s label.
(a) Each and every FBH manufactured outside of this County shall
have a manufacturer’s label on a metal plate showing the
manufacturer’s name, serial number of the building, manufacture
date, design load criteria, and an inspection stamp by a
governmental or inspectional agency approved by the building
official securely fastened on the FBH;
(b) Each and every FBH manufactured in the County of Hawai‘i shall
have a manufacturer’s label on a metal plate showing the
manufacturer’s name, serial number of the building, manufacture
date, design load criteria, and building official inspection stamp
securely fastened on the FBH.
L101.9 Transporting factory-built housing. The transportation of
FBH shall be governed by the provisions of the County and State
traffic codes.”
(2020, ord 20-61, sec 3.) 5A-3-22
Section 5A-3-23. Appendix M; Thatch Material on Exterior of Buildings -
Protection Against Exposure Fires.
Appendix M is added to read as follows:
“APPENDIX M
THATCH MATERIAL ON EXTERIOR OF BUILDINGS; PROTECTION
AGAINST EXPOSURE FIRES
SECTION M101
GENERAL
M101.1 General. Thatched materials used on the roof on a building
shall be protected by manually operated sprinkler heads, with
adequate water supply, pipe size, and sprinkler head spacing in
accordance with sprinkler system requirements set forth in this
section.
Thatched materials used on the wall of a building shall be protected
by manually operated outside sprinklers. Size and spacing of
sprinklers and pipe size shall be in accordance with Chapter 7,
“Outside Sprinklers and Protection Against Exposure Fires,” of the
National Fire Codes of the National Fire Protection Association.
Controls shall be set forth in this section.
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§ 5A-3-23 H AWAI‘I C OUNTY C ODE
SECTION M102
APPLICABILITY
M102.1 Applicability. Thatched material on the exterior of
buildings shall be permitted only upon buildings located in areas zone
for resort (V Resort-Hotel by the Planning Department) uses which
primarily service the tourist trade when approved by the building
official.
The thatched material permitted in this section shall be used for
decorative purposes on the roof or wall of buildings. The building,
independent of the thatched material, shall comply with all applicable
provisions of this appendix.
When thatched material is used as permitted in this section, and an
appropriate permit is obtained therefore, outside sprinklers for
protection against exposure fires shall be required as hereinafter
provided.
SECTION M103
SPRINKLER
M103.1 General. Sprinklers shall be located at the high point of the
roof. Upright or pendant sprinklers shall be used for gable roofs.
Sidewall sprinklers shall be used for shed roofs.
M103.2 Spacing of sprinklers. The maximum width of roof with
one row of sprinklers shall be as follows:
Orifice Size
Roof Slope Width of Roof
(In inches)
1:3 or greater 3/8 15'
1:3 or greater 1/2 20'
1:3 or greater 17/32 25'
Less than 1:3 3/8 10'
Less than 1:3 1/2 15'
Less than 1:3 17/32 20'
Maximum spacing of sprinklers on branch lines (along ridge) shall be
as follows: 3/8- inch orifice – 6 feet;1/2-inch orifice – 8 feet; 17/32-inch
orifice – 10 feet.
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Conical roofs may be protected with one sprinkler at the apex if the
diameter of the roof does not exceed the width of roof referred to in
this section.
Where the width of a roof exceeds the width allowed for one row of
sprinklers, as provided in the table in this section, two or more rows of
sprinklers shall be required. The rows of sprinklers shall be placed
such that the entire roof area is protected.
M103.3 Areas protected. Each area (zone) of thatched material that
is separated from another thatched area by an open space of 20 feet or
more or by incombustible construction of 20 feet or more shall be
considered a separate area (zone).
Risers to each separate zone shall not be less than that shown in
subsection M103.5, Riser and pipe size, except as modified as follows:
(1) More than one zone may be protected by one valve, if the
supply is adequate.
(2) If one area (zone) is larger than can be protected with the
existing supply, the zones can be subdivided into subzones if
the following criteria are met: An area of at least 800 square
feet is protected by the subzone control valve; there is at least
a 10 percent overlap in coverage of adjoining subzones; and
operation of the manual control valves will automatically
transmit an alarm to the fire department.
M103.4 Water supply. The sprinkling system shall have a separate
connection to the water main in the street, to an approved automatic
fire-extinguishing system supply line, to a wet standpipe supply line,
or to a domestic supply of adequate size. The water supply required
shall be determined from either of the following:
(1) Flow per sprinkler for the largest zone, with residual
pressure at the highest sprinkler at 15 pounds per square in
with all heads operating, shall be as follows:
Orifice Size
Gallons Per Minute
(In inches)
3/8 15
1/2 20
17/32 25
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§ 5A-3-23 H AWAI‘I C OUNTY C ODE
(2) The flow shall be hydraulically calculated so as to discharge
at least 0.11 gallons per minute per square foot of surface
area to be sprinkled.
M103.5 Riser and pipe size. Pipe sizes shall be determined from
the flow as calculated in subsection M103.4, Water supply. However,
no pipe less than one inch in size shall be used. The following table
may be used in conjunction with this flow calculated for the selection
of pipe or riser sizes.
Orifice Pipe or Riser Size (In inches)
Size
1 1-1/4 1-1/2 2 2-1/2 3 3-1/2 4
(In inches)
No. of Sprinklers
3/8 3 4 7 11 21 37 40 40
1/2 2 3 5 8 15 27 40 40
17/32 1 2 4 6 11 19 30 38
M103.6 Number of sprinklers served. The number of sprinklers on
a branch line shall not exceed six. Center feet shall be used for six or
more sprinklers. The number of sprinklers under control of each
control valve shall not exceed forty. At the location of each valve,
there shall be a drain connection and a 1/4-inch valve test connection
to accommodate pressure gauge.
M103.7 Material installed above grade. Piping shall be galvanized
steel schedule 40 with galvanized malleable iron fittings or hard
drawn copper with silver solder fittings. Pipes shall be securely
fastened to the structure.
Valves shall be manual type approved and listed by the Underwriters’
Laboratories or by other approved testing agencies. Valves shall be
installed outdoors and so located as to be readily accessible in case of
fire. Signs indicating the use of valves shall be conspicuously posted.
M103.8 Local alarm. Any one system with 20 or more sprinklers
under control of one valve shall be complemented with a local fire
alarm, either electrically or mechanically operated.”
(2020, ord 20-61, sec 3.) 5A-3-23
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Section 5A-3-24. Appendix U; Hawai‘i Hurricane Sheltering Provisions for
New Construction.
Appendix U is added to read as follows:
“APPENDIX U
HAWAI‘I HURRICANE SHELTERING PROVISIONS
FOR NEW CONSTRUCTION
Section U101. Community Storm Shelters.
Chapter 4 is amended by adding Section 421 to read as follows:
“SECTION 421
COMMUNITY STORM SHELTERS
421.1 General. In addition to other applicable requirements in this
code, community storm shelters and the following specific Occupancy
Category IV buildings shall be constructed in accordance with
ICC/NSSA-500:
(1) Designated earthquake, hurricane or other emergency
shelters.
(2) Designated emergency preparedness, communication, and
operation centers and other facilities required for emergency
response.
421.1.1 Scope. This section applies to the construction of storm
shelters constructed as separate detached buildings or constructed as
safe rooms within buildings for the purpose of providing safe refuge
from storms that produce high winds, such as hurricanes. Such
structures shall be designated to be hurricane shelters.
421.2 Definitions. The following words and terms shall, for the
purposes of this chapter and as used elsewhere in this code, have the
meanings shown herein.
“COMMUNITY STORM SHELTER. A building, structure, or
portions(s) thereof, constructed in accordance with ICC 500-08
ICC/NSSA Standard on the Design and Construction of Storm
Shelters and designated for use during a severe wind storm event
such as a hurricane.”
Section U102. Hawai‘i Residential Safe Room.
Chapter 4 is amended by adding Section 422 to read as follows:
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§ 5A-3-24 H AWAI‘I C OUNTY C ODE
“SECTION 422
HAWAI‘I RESIDENTIAL SAFE ROOM
422.1 Performance-based design criteria. The Residential Safe
Room shall meet the minimum performance specifications of Sections
422.1.1 through 422.9, and the owner of the Residential Safe Room
shall comply with Section 422.10.
422.1.1 Intent and scope. The intent of the Residential Safe Room
is to temporarily provide an enhanced protection area that is either:
(1) fully enclosed within a dwelling or within an accessory structure to
a residence; or (2) a separate structure outside of the dwelling that
meets standards pursuant to 422.1.2.1 or 422.1.2.2. All Residential
Safe Rooms shall be designed and constructed to withstand the wind
pressures, windborne debris impacts, and other requirements of this
section.
422.1.2 Alternative standards.
(1) Manufactured Safe Room Designs Subject to Approval. A
manufactured safe room or safe room kit may be substituted
if documentation is submitted and approved by the building
official. The safe room shall be engineered, tested, and
manufactured to meet or exceed the criteria of this section.
(2) FEMA 320 Shelter Designs Permitted. It shall be permissible
to build FEMA Shelters of up to 64 square feet of floor area
with walls up to 8 feet long that are built in accordance with
construction details of FEMA 320.
422.2 Site criteria. Residential Safe Rooms shall not be constructed
within areas subject to stream flooding, coastal flooding or dam failure
inundation within any of the following areas:
(1) FEMA Special Flood Hazard Areas (SFHA) subject to rainfall
runoff flooding or stream or flash flooding;
(2) Coastal zones “V” or “A” identified in the Flood Insurance
Rate Map (FIRM) issued by FEMA for floodplain
management purposes, in which the flood hazard are tides,
storm surge, waves, tsunamis, or a combination of these
hazards; and
(3) Areas subject to dam failure inundation as determined by the
Department of Land and Natural Resources.
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422.3 Maximum occupancy. The safe room is permitted to be used
for a maximum occupancy based on at least 15 square feet per person
with a maximum of 8 persons in a room of up to 128 square feet of
floor area.
422.4 Provisions for exiting. The room shall be equipped with an
inward-swinging door and an impact-protected operable window
suitable for a means of alternative exiting in an emergency.
422.5 Design for dead, live, wind, rain, and impact loads.
422.5.1 Structural integrity criteria.
(1) The safe room shall be built with a complete structural
system and a complete load path for vertical and lateral loads
caused by gravity and wind.
(2) The building that the safe room is built within shall be
assumed to be destroyed by the storm and shall not be taken
as offering any protective shielding to the safe room
enclosure.
(3) The ceiling structure and wall shall be capable of supporting
a superimposed debris load of the full weight of any building
floors and roof above, but not less than 125 psf.
(4) The safe room enclosure shall be capable of simultaneously
resisting lateral and uplift wind pressures corresponding to a
160 mph 3-second peak gust, determined in accordance with
ASCE Standard 7, Minimum Design Loads for Buildings and
Other Structures, calculated using load and importance
Factors of 1.0. The site exposure factor shall be based on
exposure C. The gust factor and the directionality factor
shall be taken as 0.85. Topographic wind amplification
caused by mountainous terrain shall be considered in
accordance with the building code. Internal pressure shall be
determined in accordance with ASCE – 7.
(5) The safe room shall be anchored to a foundation system
capable of resisting the above loading conditions.
422.5.2 Windborne debris impact protection of building
enclosure elements. The entire enclosure of the safe room,
including all walls, ceilings, and openings, fixed or operable windows,
and all entry doors into the safe room, shall meet or exceed Level D
requirements of ASTM E 1996 (Table 422.5-1). Any wall or ceiling
penetration greater than 4 square inches shall be considered an
opening.
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§ 5A-3-24 H AWAI‘I C OUNTY C ODE
Exception: Electrical outlet boxes and interior lighting switches not
penetrating more than 2.5-inches into the interior wall surface and a
plumbing piping or conduit not greater than 1.5-inch in diameter shall
be exempted from this requirement.
422.5.3 Cyclic pressure loading of glazing and protective
systems. Impact protective systems shall meet the ASTM E 1996
cyclic pressure requirement for the loading given in Table 422.5-1.
TABLE 422.5-1
WINDBORNE DEBRIS PROTECTION AND CYCLIC PRESSURE
CRITERIA FOR RESIDENTIAL SAFE ROOMS
Enclosure Wall Ceiling,
ASTM E
and Floor Cyclic Air
1996 Debris
Debris Missile Pressure Testing -
Missile Impact
Size maximum inward and
Level Speed
maximum outward
Rating
pressures
2 x 4 weighing 9.0
lb. +/- 0.25 lb.,
50 ft./sec.
35 psf inward
and with min.
D or at least
45 psf outward
length 8 ft.
34 mph
+/-4-inch
422.6 Ventilation. The room shall be naturally ventilated to allow
the enclosure to have approximately one air change every 2 hours.
This requirement may be satisfied by 12 square inches of venting per
occupant. There shall be at least two operable vents. The vents shall
be protected by a cowling or other device that shall be impact tested to
comply with ASTM E 1996 Level D. Alternatively, the room shall be
evaluated to determine if the openings are of sufficient area to
constitute an open or partially enclosed condition as defined in
ASCE 7.
422.7 Communications. The safe room shall be equipped with a
phone line and telephone that does not rely on a separate electrical
power outlet. Alternatively, a wireless telephone shall be permitted to
rely on an Uninterruptible Power Supply (UPS) battery device.
422.8 Construction documents. Construction documents for the
Residential Safe Room shall be directly prepared by a Hawai‘i licensed
professional structural engineer.
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422.9 Special inspection. The construction or installation of the
safe room shall be verified for conformance to the drawings in
accordance with Chapter 17.
422.10 Notification. The owner of the safe room shall notify the
State Department of Defense and county civil defense agency of the
property’s Tax Map Key or Global Positioning System coordinates.”
Section U102. State and County-owned public high occupancy
buildings - design criteria for enhanced hurricane protection
areas.
Chapter 4 is amended by adding Section 423 to read as follows:
“SECTION 423
STATE AND COUNTY-OWNED HIGH OCCUPANCY BUILDINGS - DESIGN
CRITERIA FOR ENHANCED HURRICANE PROTECTION AREAS
423.1 Intent. The purpose of this section is to establish minimum life
safety design criteria for enhanced hurricane protection areas in high
occupancy state- and county-owned buildings occupied during
hurricanes of up to Saffir Simpson Category 3.
423.2 Scope. This section shall apply to state- and county-owned
buildings which are of Occupancy Category III and IV defined by
Table 1604.5 and of the following specific occupancies:
(1) Enclosed and partially enclosed structures whose primary
occupancy is public assembly with an occupant load greater
than 300.
(2) Health care facilities with an occupant load of 50 or more
resident patients, but not having surgery or emergency
treatment facilities.
(3) Any other state- and county-owned enclosed or partially
enclosed building with an occupant load greater than 5,000.
(4) Hospitals and other health care facilities having surgery or
emergency treatment facilities.
Exception: Facilities located within flood zone V and flood zone A
that are designated by the owner to be evacuated during hurricane
warnings declared by the National Weather Service, shall not be
subject to these requirements.
423.3 Site criteria.
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§ 5A-3-24 H AWAI‘I C OUNTY C ODE
423.3.1 Flood and tsunami zones. Comply with ASCE 24-05, Flood
Resistant Design and Construction, based on provisions for Occupancy
Category III.
(1) Floor slab on grade shall be 1.5 foot above the Base Flood
Elevation of the county’s flood hazard map, or at higher
elevation as determined by a modeling methodology that
predicts the maximum envelope and depth of inundation
including the combined effects of storm surge and wave
actions with respect to a Category 3 hurricane.
(2) Locate outside of V and Coastal A flood zones unless justified
by site-specific analysis or designed for vertical evacuation in
accordance with a method approved by the building official.
When a building within a V or Coastal A zone is approved,
the bottom of the lowest structural framing member of any
elevated first floor space shall be 2 feet above the Base Flood
Elevation of the county’s flood hazard map, or at higher
elevation as determined by a modeling methodology that
predicts the maximum envelope and depth of inundation
including the combined effects of storm surge and wave
actions with respect to a Category 3 hurricane.
(3) Locate outside of Tsunami evacuation zones unless justified
by site-specific analysis or designed for vertical evacuation in
accordance with a method approved by the building official.
423.3.2 Emergency vehicle access. Provide at least one route for
emergency vehicle access. The portion of the emergency route within
the site shall be above the 100-year flood elevation.
423.3.3 Landscaping and utility laydown impact hazards.
Landscaping around the building shall be designed to provide standoff
separation sufficient to maintain emergency vehicle access in the
event of mature tree blowdown. Trees shall not interfere with the
functioning of overhead or underground utility lines, nor cause
laydown or falling impact hazard to the building envelope or utility
lines.
423.3.4 Adjacent buildings. The building shall not be located
within 1,000 feet of any hazardous material facilities defined by Table
1604.5. Unanchored light-framed portable structures shall be not
permitted within 300 feet of the building.
423.4 Enhanced hurricane protection area program
requirements.
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B UILDING C ODE § 5A-3-24
423.4.1 Applicable net area. At least 50 percent of the net square
feet of a facility shall be constructed to qualify as an enhanced
hurricane protection area. The net floor area shall be determined by
subtracting from the gross square feet the floor area of excluded
spaces, exterior walls, columns, fixed or movable objects, equipment or
other features that under probable conditions cannot be removed or
stored during use as a storm shelter.
423.4.2 Excluded spaces. Spaces such as mechanical and electrical
rooms, storage rooms, attic and crawl spaces, shall not be considered
as net floor area permitted to be occupied during a hurricane.
423.4.3 Occupancy capacity. The occupancy capacity shall be
determined by dividing the net area of the enhanced hurricane
protection area by 15 square feet net floor area per person.
423.4.4 Toilets and hand washing facilities. Provide a minimum
of 1 toilet per 50 enhanced hurricane protection area occupants and a
minimum of 1 sink per 100 enhanced hurricane protection area
occupants, as determined per Section 423.4.3, located within the
perimeter of the enhanced hurricane protection area. These required
toilet and hand-washing facilities are not in addition to those required
for normal occupancy and shall be included in the overall facility
fixture count.
423.4.5 Accessibility. Where the refuge occupancy accommodates
more than 50 persons, provide an ADA-accessible route to a shelter
area at each facility with a minimum of 1 wheelchair space for every
200 enhanced hurricane protection area occupants determined per
Section 423.4.3.
423.5 Design wind, rain, and impact loads.
423.5.1 Structural design criteria. The building Main Wind Force
Resisting System and structural components shall be designed per
ASCE 7 for a 115 mph minimum peak 3-second gust design speed with
a load factor of 1.6, and an Importance Factor for Occupancy Category
III. Topographic and directionality factors shall be the site-specific
values determined per Appendix W. Design for interior pressure
based on the largest opening in any exterior facade or roof surface.
423.5.2 Windborne debris missile impact for building enclosure
elements. Exterior glazing and glazed openings, louvers, roof
openings and doors shall be provided with windborne debris impact
resistance or protection systems conforming to ASTM E1996-05 Level
D, i.e., 9 lb. 2 X 4 @ 50 fps (34 mph).
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§ 5A-3-24 H AWAI‘I C OUNTY C ODE
423.5.3 Cyclic pressure loading of impact resistive glazing or
windborne impact protective systems. Resistance to the
calculated maximum inward and outward pressure shall be designed
to conform to ASTM E1996-05.
423.5.4 Windows. All unprotected window assemblies and their
anchoring systems shall be designed and installed to meet the wind
load and missile impact criteria of this section.
423.5.5 Window protective systems. Windows may be provided
with permanent or deployable protective systems, provided the
protective system is designed and installed to meet the wind load and
missile impact criteria and completely covers the window assembly
and anchoring system.
423.5.6 Doors. All exterior and interior doors subject to possible wind
exposure and/or missile impact shall have doors, frames, anchoring
devices, and vision panels designed and installed to resist the wind
load and missile impact criteria or such doors, frames, anchoring
devices, and vision panels shall be provided with impact protective
systems designed and installed to resist the wind load and missile
impact criteria of this section.
423.5.7 Exterior envelope. The building enclosure, including walls,
roofs, glazed openings, louvers and doors, shall not be perforated or
penetrated by windborne debris, as determined by compliance with
ASTM E1996-05 Level C.
423.5.8 Parapets. Parapets shall satisfy the wind load and missile
impact criteria of the exterior envelope.
423.5.9 Roofs.
423.5.9.1 Roof openings. Roof openings (e.g., HVAC fans, ducts,
skylights) shall be provided with protection for the wind load and
missile impact criteria of Sections 423.5.2 and 423.5.3.
423.5.9.2 High wind roof coverings. Roof coverings shall be
specified and designed according to the latest ASTM Standards for
high wind uplift forces.
423.5.9.3 Roof drainage. Roofs shall have adequate slope, drains
and overflow drains or scuppers sized to accommodate 100-year hourly
rainfall rates in accordance with Section 1611.1, but not less than 2-
inches per hour for 6 continuous hours.
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423.6 Ventilation.
423.6.1 Mechanical ventilation. Mechanical ventilation as required
per the International Mechanical Code. Air intakes and exhausts
shall be designed and installed to meet the wind load and missile
impact criteria of Sections 423.5.2 and 423.5.3.
423.6.2 HVAC equipment anchorage. HVAC equipment mounted
on roofs and anchoring systems shall be designed and installed to
meet the wind load criteria. Roof openings for roof-mounted HVAC
equipment shall have a 12-inch-high curb designed to prevent the
entry of rain water.
423.7 Standby electrical system capability. Provide a standby
emergency electrical power system per Chapter 27 and NFPA 70
Article 700 Emergency Systems and Article 701 Legally Required
Standby Systems, which shall have the capability of being connected
to an emergency generator or other temporary power source. The
emergency system capabilities shall include:
(1) An emergency lighting system,
(2) Illuminated exit signs,
(3) Fire protection system(s), alarm and sprinkler, and
(4) Minimum mechanical ventilation for health/safety purposes.
423.7.1 Emergency generator. When emergency generators are
pre-installed, the facility housing the generator, permanent or
portable, shall be an enclosed area designed to protect the generators
from wind and missile impact. Generators hardened by the
manufacturer to withstand the area’s design wind and missile impact
criteria shall be exempt from the enclosed area criteria requirement.
423.8 Quality assurance.
423.8.1 Information on construction documents. Construction
Documents shall include design criteria, the occupancy capacity of the
enhanced hurricane protective area, and Project Specifications shall
include opening protection devices. Floor plans shall indicate all
enhanced hurricane protection area portions of the facility and exiting
routes there from. The latitude and longitude coordinates of the
building shall be recorded on the construction documents.
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423.8.2 Special inspection. In addition to the requirements of
Chapter 17, special inspections shall include at least the following
systems and components:
(1) Roof cladding and roof framing connections.
(2) Wall connections to roof and floor diaphragms and framing.
(3) Roof and floor diaphragm systems, including collectors, drag
struts and boundary elements.
(4) Vertical windforce-resisting systems, including braced
frames, moment frames and shear walls.
(5) Windforce-resisting system connections to the foundation.
(6) Fabrication and installation of systems or components
required to meet the impact-resistance requirements of
Section 1609.1.2.
Exception: Fabrication of manufactured systems or components that
have a label indicating compliance with the wind-load and impact-
resistance requirements of this code.
423.8.3 Quality assurance plan. A construction quality assurance
program shall be included in the Construction Documents, including:
(1) The materials, systems, components and work required to
have special inspection or testing by the building official or by
the registered design professional responsible for each portion
of the work.
(2) The type and extent of each special inspection.
(3) The type and extent of each test.
(4) Additional requirements for special inspection or testing for
seismic or wind resistance.
(5) For each type of special inspection, identification as to
whether it will be continuous special inspection or periodic
special inspection.
423.8.4 Peer review. Construction Documents shall be
independently reviewed by a Hawai‘i-licensed Structural Engineer. A
written opinion report of compliance shall be submitted to State Civil
Defense, the Building Official, and the owner.
423.9 Maintenance. The building shall be periodically inspected
every three years and maintained by the owner to ensure structural
integrity and compliance with this section. A report of inspection
shall be furnished to State Civil Defense.
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423.10 Compliance re-certification when altered, deteriorated,
or damaged. Alterations shall be reviewed by a Hawai‘i-licensed
structural engineer to determine whether any alterations would cause
a violation of this section. Deterioration or damage to any component
of the building shall require an evaluation by a Hawai‘i-licensed
structural engineer to determine repairs necessary to maintain
compliance with this section.”
(2020, ord 20-61, sec 3.) 5A-3-24
Section 5A-3-25. Appendix W; Hawai‘i Wind Design Provisions for New
Construction.
Appendix W is added to read as follows:
“APPENDIX W
HAWAI‘I WIND DESIGN PROVISIONS FOR NEW CONSTRUCTIONS
W101 Revisions to Chapter 16. When Appendix W is adopted, wind
design shall be in accordance with Chapter 16 as amended by Sections
W101.1 through W101.10.
W101.1 Revisions to section 1603.1. Section 1603.1 is amended to
read as follows:
“1603.1 General. Construction documents shall show the size,
section, and relative locations of structural members with floor
levels, column centers and offsets dimensioned. The design loads
and other information pertinent to the structural design required
by Sections 1603.1.1 through 1603.1.8 shall be indicated on the
construction documents.
Exception: Construction documents for buildings constructed in
accordance with the conventional light-frame construction
provisions of Section 2308 shall indicate the following structural
design information:
(1) Floor and roof live loads.
(2) Ground snow load, P.
g
(3) Basic wind speed (3-second gust) and Effective wind
speed V (3-second gust), miles per hour (mph)(km/hr)
eff
and wind exposure.
(4) Seismic design category and site class.
(5) Flood design data, if located in flood hazard areas
established in Section 1612.3.”
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W101.2 Revisions to section 1603.1.4. Section 1603.1.4 is amended
to read as follows:
“1603.1.4 Wind design data. The following information related
to wind loads shall be shown, regardless of whether wind loads
govern the design of the lateral-force-resisting system of the
building:
(1) Basic wind speed (3-second gust), miles per hour (km/hr),
.
V, and effective windspeed V
eff
(2) Wind importance factor I, and building category.
(3) Wind exposure, if more than one wind exposure is
utilized, the wind exposure for each applicable wind
direction shall be indicated.
(4) The applicable internal pressure coefficient.
(5) Components and cladding. The design wind pressures in
²
) used for the design of exterior
terms of psf (kN/m
components, and cladding not specifically designed by
the registered design professional.”
W101.3 Revisions to section 1609.1.1. Section 1609.1.1 is amended
to read as follows:
“1609.1.1 Determination of wind loads. Wind loads on every
building or structure shall be determined in accordance with
Chapter 6 of ASCE 7. Minimum values for Directionality Factor,
K, Velocity Pressure Exposure Coefficient, K, and Topographic
dz
, shall be determined in accordance with Section 1609.
Factor, K
zt
The type of opening protection required, the basic wind speed and
the exposure category for a site is permitted to be determined in
accordance with Section 1609 or ASCE 7. Wind shall be assumed
to come from any horizontal direction and wind pressures shall be
assumed to act normal to the surface considered.
Exceptions:
(1) Subject to the limitations of Section 1609.1.1.1, the
provisions of SBCCI SSTD 10 shall be permitted for
applicable Group R-2 and R-3 buildings.
(2) Subject to the limitations of Section 1609.1.1.1,
residential structures using the provisions of the AF &
PA WFCM.
(3) Designs using NAAMM FP 1001.
(4) Designs using TIA/EIA-222 for antenna-supporting
structures and antennas.”
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W101.4 Revisions to section 1609.1.2. Section 1609.1.2 is amended
to read as follows:
“1609.1.2 Protection of openings. In wind-borne debris
regions, glazing in building shall be impact-resistant or protected
with an impact-resistant covering meeting the requirements of an
approved impact-resisting standard or ASTM E 1996 and of
ASTM E 1886 referenced therein as follows:
(1) Glazed openings located within 30 feet (9144 mm) of
grade shall meet the requirements of the Large Missile
Test of ASTM E 1996.
(2) Glazed openings located more than 30 feet (9144 mm)
above grade shall meet the provisions of the Small
Missile Test of ASTM E 1996.
Exceptions:
(1) Wood structural panels with a minimum thickness of
7/16 inch (11.1 mm) and a maximum panel span of 8 feet
(2438 mm) shall be permitted for opening protection in
one- and two-story buildings. Panels shall be precut so
that they shall be attached to the framing surrounding
the opening containing the product with the glazed
opening. Panels shall be secured with the attachment
hardware provided. Attachments shall be designed to
resist the components and cladding loads determined in
accordance with the provisions of ASCE 7. Attachment
in accordance with Table 1609.1.2 is permitted for
buildings with a mean roof height of 33 feet (10,058 mm)
or less where wind speeds do not exceed 130 mph
(57.2 m/s).
(2) Glazing in Occupancy Category I buildings as defined in
Section 1604.5, including greenhouses that are occupied
for growing plants on a production or research basis,
without public access shall be permitted to be
unprotected.
(3) Glazing in Occupancy Category II, III or IV buildings
located over 60 feet (18,288 mm) above the ground and
over 30 feet (9,144 mm) above aggregate surface roofs
located within 1,500 feet (458 m) of the building shall be
permitted to be unprotected.
(4) Glazing in Occupancy Category II and III buildings that
can receive positive external pressure in the lower 60 feet
(18,288 mm) shall be assumed to be openings unless such
glazing is impact-resistant or protected with an impact-
resistant system.
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§ 5A-3-25 H AWAI‘I C OUNTY C ODE
Exception: Glazing in Occupancy Category III buildings defined
by Table 1604.5 of the following occupancies shall be provided
with windborne debris protection:
(a) Covered structures whose primary occupancy is public
assembly with an occupant load greater than 300.
(b) Health care facilities with an occupant load of 50 or more
resident patients, but not having surgery or emergency
treatment facilities.
(c) Any other public building with an occupant load greater
than 5,000.
1609.1.2.1 Building with openings. Where glazing is assumed
to be an opening in accordance with Section 1609.1.2, the building
shall be evaluated to determine if the openings are of sufficient
area to constitute an open or partially enclosed building as
defined in ASCE 7. Open and partially enclosed buildings shall
be designed in accordance with the applicable provisions of ASCE
7. Partially enclosed Occupancy R-3 buildings shall also include a
residential safe room in accordance with Section 422, Hawai‘i
Residential Safe Room.
1609.1.2.2 Louvers. Louvers protecting intake and exhaust
ventilation ducts not assumed to be open that are located within
30 ft (9,144 mm) of grade shall meet requirements of an approved
impact-resisting standard or the Large Missile Test of ASTM E
1996.
TABLE 1609.1.2
WIND-BORNE DEBRIS PROTECTION FASTENING SCHEDULE
a,b,c
FOR WOOD STRUCTURAL PANELS
FASTENER SPACING
4 feet 6 feet
Panel span < Panel span< Panel span
FASTENER TYPE
No. 6 screws 16" 12" 9"
No. 8 screws 16" 16" 12"
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 pound = 0.454 kg,
1 mile per hour = 1.609 km/h.
a. This table is based on a maximum wind speed (3-second gust) of 130
mph and mean roof height of 33 feet or less.
b. Fasteners shall be installed at opposing ends of the wood structural
panel. Fasteners shall be located a minimum of 1 inch from the edge
of the panel.
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B UILDING C ODE § 5A-3-25
c.Fasteners shall be long enough to penetrate through the exterior
wall covering a minimum of 1.75 inches into wood wall framing; a
minimum of 1.25 inches into concrete block or concrete; or into steel
framing by at least three threads. Fasteners shall be located a
minimum of 2.5 inches from the edge of concrete block or concrete.
d. Where screws are attached to masonry or masonry/stucco, they shall
be attached utilizing vibration-resistant anchors having a minimum
withdrawal capacity of 490 pounds.”
W101.4.1 Revisions to section 1609.2. Section 1609.2 is amended
to read as follows:
“1609.2 Definitions. The following words and terms shall, for
the purposes of Section 1609, have the meanings shown herein.
HURRICANE-PRONE REGIONS. Areas vulnerable to
hurricanes defined as:
(1) The U.S. Atlantic Ocean and Gulf of Mexico coasts
where the basic wind speed is greater than 90 mph
(40 m/s) and
(2) Hawai‘i, Puerto Rico, Guam, Virgin Islands and
American Samoa.
WIND-BORNE DEBRIS REGION. Portions of hurricane-
prone regions that are within 1 mile (1.61 km) of the coastal
mean high water line where the basic wind speed is 110 mph
(48 m/s) or greater; or portions of hurricane-prone regions
where the basic wind speed is 120 mph (53 m/s) or greater.”
W101.5 Revisions to section 1609.3. Section 1609.3 is amended to
read as follows:
“1609.3 Basic wind speed and topographic and
directionality factors. The basic wind speed, in mph, for the
determination of the wind loads shall be determined by Figure
1609.
Special wind regions near mountainous terrain and valleys are
accounted within the Topographic Factor defined in Section
1609.3.3. Wind speeds derived from simulation techniques shall
only be used in lieu of the basic wind speeds given in Figure 1609
when, (1) approved simulation or extreme-value statistical-
analysis procedures are used (the use of regional wind speed data
obtained from anemometers is not permitted to define the
hurricane wind speed risk in Hawai‘i) and (2) the design wind
speeds resulting from the study shall not be less than the
resulting 700-
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W101.6 Addition of section 1609.3.2. Section 1609.3.2 is added to
read as follows:
“1609.3.2 Effective basic wind speed conversion. For Section
2308.10.1, the provisions of ASCE Section 6.4, and the exceptions
permitted under Section 16099.1.1, the basic wind speed value
used for determination of the wind loads, shall be the Effective
, determined by Figure 1609.1.1.1, which
Basic Wind Speed, V
eff
adjusts the basic wind speed for special topographic wind
regions.”
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B UILDING C ODE § 5A-3-25
W101.7 Addition of effective wind speed contour maps.
Figure 1609.1.1.1(a) is added as follows:
Figure 1609.1.1.1(a)
, for Components
County of Hawai‘i Effective Basic Wind Speed, V
eff
and Cladding for Buildings less than 100 ft. tall
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§ 5A-3-25 H AWAI‘I C OUNTY C ODE
W101.8 Addition of section 1609.3.3. Section 1609.3.3 is added to
read as follows:
“1609.3.3 Topographic effects. Wind speed-up effects caused
by topography shall be included in the calculation of wind loads
by using the factor K, where K is given in Figure 1609.3.3(a).
ztzt
Exception: Site-specific probabilistic analysis of directional K
zt
based on wind-tunnel testing of topographic speed-up shall be
permitted to be submitted for approval by the Building Official.”
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B UILDING C ODE § 5A-3-25
Figure 1609.3.3(a)
County of Hawai‘i Peak Gust Topographic Factor K
zt
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§ 5A-3-25 H AWAI‘I C OUNTY C ODE
W101.9 Directionality factor. Section 1609.3.4 is added to read as
follows:
“1609.3.4 Directionality factor. The wind directionality factor,
K, shall be determined from Tables 1609.3.4(a) and 1609.3.4(b).
d
TABLE 1609.3.4(a)(1)
K VALUES FOR MAIN WIND FORCE RESISTING SYSTEMS
d
a,b
SITED IN HAWAI‘I COUNTY
Main Wind Force
Resisting Systems
with totally
Main Wind Force
independent
Resisting Systems
systems in each
Biaxially
orthogonal
Symmetric and
Topographic
direction
Axisymmetric
Location on the
Mean Mean Mean Mean Structures of any
Island of Hawai‘i
Roof Roof Roof Roof Height and Arched
Roof Structures
Height Height Height Height
less greater less greater
than or than 100 than or than 100
equal to ft. equal to ft.
100 ft. 100 ft.
Sites in North
Kohala, South
Kohala, South
Kona, South Hilo,
0.65 0.70 0.70 0.75 0.85
and Puna Districts
at an elevation not
greater than
3000ft.
All other sites0.700.800.750.800.95
a. The values of K for other non-building structures indicated in ASCE-7 Table 6-4 shall
d
be permitted.
based on wind-tunnel testing of topography and
b. Site-specific probabilistic analysis of K
d
peak gust velocity profile shall be permitted to be submitted for approval by the
Building Official, but K shall have a value not less than 0.65.
d
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B UILDING C ODE § 5A-3-25
TABLE 1609.3.4(b)(1)
K VALUES FOR COMPONENTS AND CLADDING
d
a,b
OF BUILDINGS SITED IN HAWAI‘I COUNTY
Components and Cladding
Mean Roof Mean Roof Occupancy
Topographic Location on
Height less Height Category IV
the Island of Hawai‘i
than or equal greater Buildings and
to 100 ft.than 100 ft.Structures
Sites in North Kohala, South Kohala,
South Kona, South Hilo, and Puna
0.65 0.70 0.75
Districts at an elevation not greater
than 3000 ft.
All other sites0.75 0.80 0.85
a. The values of K for other non-building structures indicated in ASCE-7 Table 6-4 shall
d
be permitted.
b. Site-specific probabilistic analysis of K based on wind-tunnel testing of topography and
d
peak gust velocity profile shall be permitted to be submitted for approval by the
Building Official, but in any case subject to a minimum value of 0.65.”
W101.10 Addition of exposure category maps. Section 1609.4.4 is
added to read as follows:
“1609.4.4 Exposure category maps. Exposure categories are
permitted to be determined using Figure 1609.4.4(a).
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§ 5A-3-25 H AWAI‘I C OUNTY C ODE
Figure 1609.4.4(a)
Exposure Category Zones for Hawai‘i County
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W102 Revisions to chapter 23. When Appendix W is adopted, wood
construction shall be in accordance with Chapter 23 as amended by
Sections W102.1 and W102.2.
W102.1 Revisions to section 2308.2.1. Section 2308.2.1 is amended
to read as follows:
“2308.2.1 Basic wind speed greater than 100 mph. Where
the Effective Basic Wind Speed exceeds 100 mph, the provisions
of the AF&PA WFCM, or the SBCCI SSTD 10 are permitted to be
used.”
W102.2 Revisions to table 2308.10.1. Table 2308.10.1 is amended
to read:
TABLE 2308.10.1
REQUIRED RATING OF APPROVED UPLIFT CONNECTORS
a,b,c,d,e,f,g,h,i
(pounds)
Effective
Basic Wind Roof Span (feet)
Overhangs
d
Speed
(pounds/ft)
V
eff, 3-sec gust 12 2024 28 32 36 40
85 -72 -120 -144-168-192 -216 -240-38.55
90 -91 -152 -182-213-243 -274 -304-43.22
100-131-218 -262-305-349 -392 -436-53.36
110-175-292 -350-409-467 -526 -584-64.56
120-240-400 -480-560-640 -720 -800-76.83
130-304-506 -607-708-810 -911 -1012 -90.17
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 mile per hour = 1.61 km/hr,
1 pound = 0.454 Kg, 1 pound/foot = 14.5939 N/m.
a. The uplift connection requirements are based on a 30-foot mean roof height located in
Exposure B. For Exposure C and for other mean roof heights, multiply the above loads by
the adjustment coefficients below.
EXPOSURE Mean Roof Height (feet)
15 20 25 3035 40 45 5055 60
B1.001.00 1.00 1.001.05 1.09 1.12 1.161.19 1.22
C1.211.29 1.35 1.401.45 1.49 1.53 1.561.59 1.62
For SI: 1 inch – 25.4 mm, 1 foot = 304.8 mm, 1 mile per hour = 1.61 km/hr,
1 pound = 0.454 Kg, 1 pound/foot = 14.5939 N/m.
b. The uplift connection requirements are based on the framing being spaced 24 inches on
center. Multiply by 0.67 for framing spaced 16 inches on center and multiply by 0.5 for
framing spaced 12 inches on center.
c. The uplift connection requirements include an allowance for 10 pounds of dead load.
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§ 5A-3-25 H AWAI‘I C OUNTY C ODE
d.The uplift connection requirements do not account for the effects of overhangs. The
magnitude of the above loads shall be increased by adding the overhang loads found in
the table. The overhang loads are also based on framing spaced 24 inches on center. The
overhang loads given shall be multiplied by the overhang projection and added to the roof
uplift value in the table.
e. The uplift connection requirements are based upon wind loading on end zones as defined
in Figure 6-2 of ASCE 7. Connection loads for connections located a distance of 20 percent
of the least horizontal dimensions of the building from the corner of the building are
permitted to be reduced by multiplying the table connection value by 0.7 and multiplying
the overhang load by 0.8.
f. For wall-to-wall and wall-to-foundation connections, the capacity of the uplift connector is
permitted to be reduced by 100 pounds for each full wall above. (For example, if a 500-
pound rated connector is used on the roof framing, a 400-pound rated connector is
permitted at the next floor level down.)
g. Interpolation is permitted for intermediate values of basic wind speeds and roof spans.
h. The rated capacity of approved tie-down devices is permitted to include up to a 60-percent
increase for wind effects where allowed by material specifications.
V
is given by Figure 1609.1.1.1.”
i.
eff
(2020, ord 20-61, sec 3.) 5A-3-25
Section 5A-3-26. Appendix X; Indigenous Hawaiian Architecture Structures.
Appendix X is added to read as follows:
“APPENDIX X
INDIGENOUS HAWAIIAN ARCHITECTURE STRUCTURES
SECTION X101
GENERAL
X101.1 Scope. The provisions of this appendix shall apply exclusively
to Indigenous Hawaiian Architecture Structures. The purpose of
these provisions is to acknowledge and establish procedures for
designing and constructing indigenous Hawaiian architecture
structures.
X101.2 Publications incorporated by reference. The following
publications are incorporated by reference and made a part of these
provisions. Where there is a conflict between Appendix X and the
referenced documents, Appendix X shall prevail.
(1) “Hawaiian Thatched House” (1971), by Russell A. Apple,
published by the United States Department of the Interior,
(2) “Hale Construction Standards” (2000), by Francis Sinenci and
Bill Sides,
(3) “The Hawaiian Grass House in Bishop Museum” (1988), by
Catherine C. Summers, and
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(4) “Arts and Crafts of Hawaii, Section II, Houses” (1957) by Te
Rangi Hiroa (Peter H. Buck)
X101.3 Definitions. For purposes of this appendix, the following
words and terms shall have the meanings shown herein. Refer to
Chapter 2 for general definitions.
“CERTIFIED HALE BUILDER. Means a person who has
obtained a certificate of completion for satisfactorily completing a
course in Hawaiian hale construction from the University of
Hawai‘i, or any of its community colleges, or as approved by the
Building Official.”
“GROUP OF STRUCTURES. A group of indigenous Hawaiian
architecture structures that are in close proximity to each other
and have an aggregate floor area of 1,800 square feet or less.”
“INDIGENOUS HAWAIIAN ARCHITECTURE STRUCTURE or
HALE. A structure that is consistent with the design,
construction methods and uses of structures built by Hawaiians
in the 1800’s, which uses natural materials found in the Hawaiian
islands, and complies with this appendix and references.”
“SEPARATION. The clear distance between two structures.”
“SETBACK. The clear distance between a structure and a
property line.”
SECTION X201
MATERIAL REQUIREMENTS
X201.1 Hale materials. Hale shall be constructed using only
materials grown and harvested in the State of Hawai‘i.
X201.2 Wood framing material. The wood members for the hale,
such as posts and rafters, shall be, but not limited to hardwoods of
unmilled, straight sections of trunks or branches of the following
species:
(1) Casaurina equisitafolia (ironwood).
(2) Prosopis-allid (kiawe).
(3) Eucalyptus robusta (eucalyptus).
(4) Psidium cattleianum (strawberry guava).
(5) Metrosideros polymorpha (ohia).
(6) Rizophora mangle (mangrove).
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Exception: Ardisia elliptica (inkberry) may be used only for roof
purlins as an alternative to specified woods listed in Items 1
through 6.
X201.3 Roofing and siding. Thatched roofing and siding materials
for the hale may be any grass or leaf material grown and harvested in
the State of Hawai‘i, to include but not be limited to pili, kualohia,
pueo, kawelu, sugar-cane leaves, and ti leaves.
X201.4 Cord. Natural or synthetic cord used for lashing structural
members of the hale shall be 400 pound test. Cord used for tying
floating purlins and thatched materials shall be 100 pound test. All
cord used on the hale shall be shades of green, tan, brown or black.
X201.5 Metal prohibited. Metal shall not be used for the
construction of the hale.
SECTION X202
SIZE AND LOCATION
X202.1 Height and size limitation. Hale shall be one-story,
detached structure(s) not to exceed 1,800 square feet. Hale shall not
exceed the size indicated in Table X202.1.
TABLE X202.1
MAXIMUM SIZE OF HALE (FEET)
Hale Halawai Hale Ku‘aiHale Noa Hale Wa‘a
30 X 60 14 X 20 14 X 24 30 X 60
X202.2 Zoning requirements. Hale shall comply with minimum
yard requirements in Chapter 25, Zoning Code, Hawai‘i County Code.
X202.3 Minimum separation. The minimum separation between a
hale and another structure shall be at least 10 feet for a one-story
structure; 15 feet for a two-story structure; or a distance equal to the
height of the hale, whichever is more. The minimum separation
between two hale shall be at least 10 feet or a distance equal to the
height of the taller hale.
X202.4 Hale Noa. Hale noa structures may only be constructed on
property where a separate residence exists on the property.
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SECTION X203
ALLOWABLE AND PROHIBITED USES
X203.1 Allowable uses. To the extent permitted by other applicable
law, allowable uses for hale structures shall be in accordance with
Table X203.1.
TABLE X203.1
ALLOWABLE USE FOR EACH HALE TYPE
Hale
Hale Ku‘ai Hale Noa Hale Wa‘a
Use
Halawai
Eating (ai) Allowed Allowed Not permitted Allowed
Assembling
Allowed Allowed Not permitted Allowed
(halawai)
Sleeping Not Not Not
Allowed
(moe) permittedpermitted permitted
Retailing
(e.g., fruits) Allowed Allowed Not permitted Allowed
(ku‘ai)
Storage Not
Allowed Not permitted Allowed
(papa‘a) permitted
X203.2 Prohibited uses and activities. The following uses and
activities shall be prohibited from occurring within or near the hale:
(1) Cooking.
(2) Open flames.
(3) Generators.
(4) Extension cords.
(5) Electrical switches, fixtures, or outlets.
(6) Plumbing faucets, fixtures, or drains.
(7) Power tools.
(8) No screen, mesh, plastic or any other similar material shall
be attached to the hale.
(9) Hale shall not be used as a food establishment as defined in
the administrative rules adopted by the State of Hawai‘i,
Department of Health.
X203.3 Maintenance. The hale shall be maintained by the owner to
ensure structural integrity. Repairs for maintenance of the hale shall
not require additional building permits.
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SECTION X301
FIRE PROTECTION
X301.1 Fire protection classifications. Fire protection for
Indigenous Hawaiian architecture structures shall be as required in
Table X301.1.
TABLE X301.1
FIRE PROTECTION REQUIREMENTS BASED ON SETBACK
FIRE
PROTECTION
CLASS SETBACK REQUIREMENTS
REQUIREMENTS
The structure (or a group of structures) is:
1. Located at least 100 feet from any existing
structure on the same or neighboring properties;
and
2. Located at least 100 feet from any property line,
except as follows:
a. If the property line abuts a public way, the
100 feet minimum setback for that property
line shall be reduced by the width of the
No fire protection is
public way,
A required for the
b. If the property line abuts the shoreline, the
structure.
minimum setback for that property line shall
be the shoreline setback, or
c. For any Hale Ku‘ai in the agricultural district
that is less than 200 square feet, that is
completely open on three sides, and that is
used as an agricultural products stand and if
the property line abuts a public way, the
minimum setback for that property line shall
be 15 feet.
Automatic fire
sprinkler system
shall be installed in
The structure (or a group of structures) that
accordance with
conforms to applicable zoning setback
B design standards in
requirements but does not satisfy Class A setback
Section X301.2. An
requirements.
electrical permit is
required for fire
sprinklers systems.
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X301.2 Automatic fire sprinklers. The design standards for
automatic fire sprinklers for Class B indigenous Hawaiian
architecture structures shall be in accordance with NFPA 13.
Exception: The design standards for automatic fire sprinklers for
Class B indigenous Hawaiian architecture structures shall be
permitted as follows:
(1) 18 gallons per minute for a single head at 140 square feet
maximum coverage of roof area.
(2) 13 gallons per minute for each subsequent head at 140 square
feet maximum coverage of roof area per head.
(3) The minimum supply pressure at the base of the riser shall
not be less than 40 pounds per square inch.
(4) The minimum residual pressure at the highest sprinkler
shall be not less than 12 pounds per square inch.
(5) Sprinkler head spacing shall not exceed 14 feet.
(6) Sprinkler heads shall be open type upright, pendent, or
sidewall with 1/2-inch or 17/32-inch orifice and have a wax
corrosion resistant coating.
(7) The total number of sprinklers on a branch shall not exceed 6
heads.
(8) The total number of sprinklers shall not exceed the quantity
shown in the following table:
Piping Size Number of Sprinklers
1 inch diameter 2 sprinklers
1-1/4 inch diameter 3 sprinklers
1-1/2 inch diameter 5 sprinklers
2 inch diameter 10 sprinklers
2-1/2 inch diameter 30 sprinklers
3 inch diameter 60 sprinklers
(9) The above pipe schedule shall not apply to hydraulically
designed systems.
(10) The water density shall not be less than 0.10 gpm per square
foot.
(11) The source of water may be by domestic water meters,
detector check meter, underground well, storage tank,
swimming pool, ponds, etc., but must meet the design
requirements for adequate pressure and duration.
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(12) Water supply shall be sufficient to provide 30 minutes
duration.
(13) If domestic water meters are used as the source of water for
the fire sprinklers, without a storage tank and booster pump,
the maximum number of heads shall not exceed the following
table:
Size of Water Meter Number of Sprinklers
5/8 inch water meter 1 sprinkler
3/4inch water meter2 sprinklers
1 inch water meter 3 sprinklers
1-1/2 inch water meter 7 sprinklers
2 inch water meter 11 sprinklers
3 inch water meter 27 sprinklers
(14) The piping material shall be hard drawn copper with silver
solder or brazed fittings, or carbon steel with corrosion-
resistant coatings. Plastic pipes shall not be allowed, except
for below grade supply pipes.
(15) Fire sprinkler system shall be actuated by smoke detectors
located at the highest points of the roof and spaced as
recommended by the manufacturer.
(16) Flow control valves shall be either hydraulically or
electrically operated with a manual override switch.
(17) Where the width of a roof exceeds the width allowed for one
row of sprinklers, two or more rows of sprinklers shall be
placed such that the entire roof area is protected.
(18) Prevailing wind direction shall be considered in the
placement of sprinklers.
(19) Deflectors for sprinklers shall be parallel with the roof
surface or tilted slightly towards the peak of the roof.
(20) Fire sprinklers system shall have a local alarm activated by a
smoke detector.
X301.3 Certification of water supply. For any hale that requires
fire protection pursuant to X301.1, the applicant shall provide a
certification from a licensed engineer or a licensed C-20 contractor
that the water supply for the fire sprinkler system has been tested
and is capable of delivering the required fire flow for 30 minutes
duration.
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X302 Smoke alarm. Any hale used for sleeping shall have an
approved battery operated smoke alarm installed in the hale.
SECTION X401
DESIGN STANDARDS
X401.1 General design standards. All types of hale shall be
designed and constructed in accordance with the standards set out in
this section.
(1) The minimum diameter size of all structural members shall
be measured at the member’s midpoint, except that the
minimum diameter size of posts shall be measured at the
smaller end. For structure sizes not specifically shown in the
tables, the requirements in the next larger width size shall be
applicable.
(2) The specifications for structural members were estimated
based on no wind loads. Hale shall be constructed to allow all
thatching materials to separate from the structure prior to
adding significant loads.
(3) The mix formula for mortar specified in these rules shall be
one part portland cement, four parts clean sand, and
sufficient fresh water to make the mixture workable.
(4) Every hale, except Hale Noa, shall have at least two sides
completely open.
(5) Lashing and thatching methods shall comply with
illustrations found in “Arts and Crafts of Hawai‘i” or “The
Hawaiian Grass House in Bishop Museum.”
X402 Allowable designs. Hale shall be designed and constructed in
accordance with the requirements in Sections 402.1 through 402.4.
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X402.1 Hale Halawai. Each end of the Hale Halawai may be open or
thatched. The ends may also be constructed with a thatched roof hip
as an alternate design. Hale Halawai shall be designed in accordance
with the following schematics and illustrations. Structural
components for Hale Halawai shall meet the size and spacing
requirements in Table X402.1(a). Foundations for Hale Halawai shall
be designed in accordance with Table X402.1(b).
HALE HALAWAI
Open End Style
HALE HALAWAI
Thatched End Style
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FRAMING SCHEMATIC
TABLE X402.1(a)
SIZE AND SPACING REQUIREMENTS
FOR STRUCTURAL COMPONENTS USED IN HALE HALAWAI
Pou Kukuna Kuaiole
Pou Pou
Maximum Maximum
Size
& Pouomanu O‘a & Kauhuhu Lohelau
Kihi Hana
post rafter
Pou Kaha Holo
W x L x
spacing spacing
H
(feet) (feet)
Minimum Diameter (inches)
12' x
4 3½ 4 4 3½ 2½ 3 3 5 3
20' x 7'
14' x
444½4½3½2½33½53
24' x 7'
24' x
5 4½ 4½ 4½ 4 2½ 3 3½ 5 3
30' x 7'
25' x
5½ 5 5½ 5½ 4 2½ 3 3½ 5 3
50' x 7'
30' x
6 5½ 6 6 4½ 2½ 3 4 5 3
60' x 7'
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TABLE X402.1(b)
FOUNDATION DESIGN FOR HALE HALAWAI
Foundation Type
Size
Kahua Pa Pohaku Pou Kanu
(W x L x H)
Diameter x Width x Height x Diameter x
Height Length Depth
12' x 20' x 7' 2'6"W x 2'8"H x 4'0"L
14' x 24' x 7' 2'6"W x 2'8"H x 4'0"L
24' x 30' x 7' 3'0"W x 3'0"H x 4'0"L 3'0"D
25' x 50' x 7' 3'0"W x 3'0"H x 4'0"L
30' x 60' x 7' 3'0"W x 3'3"H x 4'0"L
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X402.2 Hale Ku‘ai. Hale Ku‘ai shall be designed in accordance with
the following schematics and illustrations. Structural components for
Hale Ku‘ai shall meet the size and spacing requirements in Table
X402.2(a). Foundations for Hale Ku‘ai shall be designed in accordance
with Table X402.2(b).
HALE KU‘AI
SHED STYLE
HALE KU‘AI
GABLE STYLE
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FRAMING SCHEMATIC 1
FRAMING SCHEMATIC 2
TABLE X402.2(a)
SIZE AND SPACING REQUIREMENTS
FOR STRUCTURAL COMPONENTS USED IN HALE KU‘AI
Maximum
Pou
Pou Pou Pouo
Kuaiole
Size
rafter
aabb
Kihi KahaHana Manu
O‘a & Kauhuhu Lohelau
(W x L x H) spacing
Holo
(feet)
Minimum Diameter (inches)
5' x 10' x 5' 4 3 3 4 3 2 3 2 4
9' x 12' x 5'4 3 3 4 3 2 3½ 2 4
12' x 16' x 5' 4½ 3½ 4 4 3½2 4 2½ 4
14' x 20' x 5' 4½ 3½ 4 4 3½2½ 4½ 2½ 4
a. The maximum post spacing for pou kihi and pou kaha is five feet.
b. The maximum post spacing for pou hana and pouomanu is twelve feet.
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§ 5A-3-26 H AWAI‘I C OUNTY C ODE
TABLE X402.2(b)
FOUNDATION DESIGN FOR HALE KU‘AI
Foundation Type
Size
Kahua Pa Pohaku Pou Kanu
(W x L x H)
Diameter x Width x Height x Diameter x
HeightLengthDepth
5' x 10' x 5' 2'6"W x 2'0"H x 4'0"L
9' x 12' x 5' 2'6"W x 2'0"H x 4'0"L
12' x 16' x 5' 24"H 2'6"W x 2'8"H x 4'0"L
14' x 20' x 5'2'6"W x 2'8"H x 4'0"L
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402.3 Hale Noa. Hale Noa shall have at least two openings. One
opening shall be at least 3 feet wide and 5 feet high, and the other
opening shall be at least 2 feet wide and 3 feet high. Hale Noa shall
be designed in accordance with the following schematics and
illustrations. Structural components for Hale Noa shall meet the size
and spacing requirements in Table X402.3(a). Foundations for Hale
Noa shall be designed in accordance with Table X402.3(b).
HALE NOA
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FRAMING SCHEMATIC
TABLE X402.3(a)
SIZE AND SPACING REQUIREMENTS
FOR STRUCTURAL COMPONENTS USED IN HALE NOA
Pou
Kukuna
Kuaiole
Pou Pou
Maximum Maximum
& Pouomanu O‘a & Kauhuhu Lohelau
Size
Kihi Hana
post rafter
Pou Holo
W x L x H spacing spacing
Kaha
(feet) (feet)
Minimum Diameter (inches)
9' x 12' x 7' 3½ 3 4 3 3 2½ 3½ 2½ 6 4
12' x 20' x 7'44½433½2½3½2½64
4' x 24' x 7' 5½ 4½ 4 3 3½ 2½ 3½3 64
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402.4 Hale Wa‘a. Hale Wa‘a shall be designed in accordance with the
following schematics and illustrations. Structural components for Hale
Wa‘a shall meet the size and spacing requirements in Table X402.4.
HALE WA‘A
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FRAMING SCHEMATIC
TABLE X402.4
SIZE AND SPACING REQUIREMENTS
FOR STRUCTURAL COMPONENTS USED IN HALE WA‘A
Spacing Minimum
Kuaiole
Size
O‘a Kauhuhu
&
between ridge
(W x L)
Holo
Rafters Height (H)
20' x 60' 4" 3"4" 4' to 5'22½'
25' x 60' 5" 3"4" 4' to 5'27½'
30' X 60'5½" 3"4"4' to 5'27½'
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(2020, ord 20-61, sec 3.) 5A-3-26
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.
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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.”
“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.”
2
) or
“TINY HOUSE. A dwelling which is 500 square feet (37m
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.”
SECTION Y103
FOUNDATIONS
Y103.1 General. All exterior walls shall be permanently supported
on continuous solid or fully grouted masonry 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.
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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).
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
2
).
than 35 square feet (3.25 m
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).
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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
1/2 inch 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.
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.
Y105.2 Loft access. The access to and primary egress from lofts
shall be of any type described in Sections Y105.2.1 through Y105.2.4.
All methods of loft access and egress shall be positively anchored to
prevent displacement.
Y105.2.1 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
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Exception: Landing platforms shall measure two treads deep and
two risers tall.
Y105.2.1.4 Handrails. Handrails shall comply with Section R311.7.6.
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 shall
be uniform within 3/8-inch (9.5 mm). The maximum height of a ladder
shall be 8 feet (2438 mm).
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 (127
mm), 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.
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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).
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.
Y105.4 Loft smoke alarms. Lofts shall be equipped with a minimum
of one photoelectric-type smoke alarm complying with R313.
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.
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B UILDING C ODE § 5A-3-27
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.”
(2020, ord 20-61, sec 3.) 5A-3-27
Article 4. Building Work Within Special Flood Hazard Areas.
Section 5A-4-1. 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, Hawai‘i County Code.
All construction work shall comply with chapter 16 of the International Building
Code, and chapter 27, Floodplain Management.
(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.
(2020, ord 20-61, sec 3.) 5A-4-1
Section 5A-4-2. 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.
“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)(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
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§ 5A-4-2 H AWAI‘I C OUNTY C ODE
(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.
“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.
“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.
(2020, ord 20-61, sec 3.) 5A-4-2
Section 5A-4-3. General requirements.
Contractor will provide a certified flood zone elevation mark on jobsite for flood
zone elevation reference point.
(2020, ord 20-61, sec 3.) 5A-4-3
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CHAPTER 5D
ELECTRICAL CODE
Article 1. General Provisions.
Section 5D-1-1. Title.
Section 5D-1-2. Purpose.
Section 5D-1-3. Scope; exceptions.
Section 5D-1-4. Administrative provisions.
Section 5D-1-5. Existing electrical installations.
Section 5D-1-6. Definitions.
Section 5D-1-7. Compliance required.
Section 5D-1-8. Conflict.
Article 2. Installation Requirements.
Section 5D-2-1. National electrical code adopted.
Article 3. Electrical Work Within Special Flood Hazard Areas.
Section 5D-3-1. General applicability.
Section 5D-3-2. Definitions.
Section 5D-3-3. General Requirements.
Section 5D-3-4. Services.
Section 5D-3-5. Ground fault protection.
Section 5D-3-6. Wiring method and material.
Editor's Note: Chapter 9, “electrical code,” was repealed by ordinance 20-61, section 12, and replaced with chapter 5D.
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ELECTRICAL CODE § 5D-1-1
CHAPTER 5D
ELECTRICAL CODE
Article 1. General Provisions.
Section 5D-1-1. Title.
This chapter shall be known as the “electrical code.”
(2020, ord 20-61, sec 4.) 5D-1-1
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.
(2020, ord 20-61, sec 4.) 5D-1-2
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 Hawai‘i;
(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:
(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, Hawai‘i 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) Electrical work related to work regulated by chapter 397, Hawai‘i 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;
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§ 5D-1-3 H AWAI‘I C OUNTY C ODE
(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;
(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; or
(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, Hawai‘i 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.
(2020, ord 20-61, sec 4.) 5D-1-3
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.
(2020, ord 20-61, sec 4.) 5D-1-4
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.
(2020, ord 20-61, sec 4.) 5D-1-5
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.
“Authority having jurisdiction” means the director of the department of public
works, or the director's authorized representative.
“Building Official” means the director of the department of public works, or the
director's authorized representative.
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5D-2
ELECTRICAL CODE § 5D-1-6
“Chapter” means chapter 5D, the electrical code, or chapter 5, the construction
administrative code, or both, as the context requires.
“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.
“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.
“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.
“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.
“Electrical work” means the installation, alteration, reconstruction, or repair of
electrical wiring.
“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.
“NEC” means the National Electrical Code, NFPA 70, 2017 Edition, published by
the National Fire Protection Association.
“NFPA” means the National Fire Protection Association.
“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 building code;
(3) 5D, the electrical code;
(4) 5E, the energy conservation code; and
(5) 5F, the plumbing code.
“Person” means any individual, firm, partnership, association, or corporation; or its
or their successors or assigns, according to the context thereof.
“Portable appliances” means any cord/plug connected device that is readily
moveable.
“Qualified person” a person holding a valid, unexpired, and unrevoked journey
worker electrician, journey worker specialty electrician, supervising electrician, or
supervising specialty 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.
(2020, ord 20-61, sec 4.) 5D-1-6
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§ 5D-1-7 H AWAI‘I C OUNTY C ODE
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.
(b) No person shall perform any work covered by this code in violation of the provisions
of chapter 448E, Hawai‘i Revised Statutes.
(c) Any approval or permit issued pursuant to the provisions of this code shall comply
with all applicable requirements of this code.
(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.
(2020, ord 20-61, sec 4.) 5D-1-7
Section 5D-1-8. Conflict.
(a) If any provisions of this code conflict with or contravene provisions of the Hawai‘i
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.
(2020, ord 20-61, sec 4.) 5D-1-8
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.
(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.
(2020, ord 20-61, sec 4.) 5D-2-1
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ELECTRICAL CODE § 5D-3-1
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, Hawai‘i 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 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.
(2020, ord 20-61, sec 4.) 5D-3-1
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.
“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)(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.
“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.
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§ 5D-3-2 H AWAI‘I C OUNTY C ODE
“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.
(2020, ord 20-61, sec 4.) 5D-3-2
Section 5D-3-3. General Requirements.
Contractor will provide a certified flood zone elevation mark on jobsite for flood
zone elevation reference point.
(2020, ord 20-61, sec 4.) 5D-3-3
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.
(2020, ord 20-61, sec 4.) 5D-3-4
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.
(2020, ord 20-61, sec 4.) 5D-3-5
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.
(2020, ord 20-61, sec 4.) 5D-3-6
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5D-6
CHAPTER 5E
ENERGY CONSERVATION CODE
Article 1. General Provisions.
Section 5E-1-1. Title.
Section 5E-1-2. Purpose.
Section 5E-1-3. Scope; exceptions.
Section 5E-1-4. Administrative provisions.
Section 5E-1-5. Existing construction and installations.
Section 5E-1-6. Definitions.
Section 5E-1-7. Compliance required.
Section 5E-1-8. Conflict.
Article 2. Installation Requirements.
Section 5E-2-1. International Energy Conservation Code adopted.
Editor's Note: Article 5 of chapter 5, “energy conservation,” was repealed by ordinance 20-61, section 12, and replaced
with chapter 5E.
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E NERGY C ONSERVATION C ODE§5E-1-1
CHAPTER 5E
ENERGY CONSERVATION CODE
Article 1. General Provisions.
Section 5E-1-1. Title.
This chapter shall be known as the “energy conservation code.”
(2020, ord 20-61, sec 5.) 5E-1-1
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 Hawai‘i.
(2020, ord 20-61, sec 5.) 5E-1-2
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:
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, Hawai‘i Administrative Rules;
(2) Work on buildings or premises owned by or under the direct control of the
Federal government; or
(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, Hawai‘i Revised Statutes, except as
otherwise provided for in this construction code.
(2020, ord 20-61, sec 5.) 5E-1-3
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.
(2020, ord 20-61, sec 5.) 5E-1-4
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§ 5E-1-5 H AWAI‘I C OUNTY C ODE
Section 5E-1-5. Existing construction and installations.
Construction and installations 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.
(2020, ord 20-61, sec 5.) 5E-1-5
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 building code; chapter 5D, the electrical code; chapter 5E, the
energy conservation code; chapter 5F, 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 Hawai‘i.
“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.
“ICC section” means a section of a chapter of the International Energy
Conservation Code.
“IECC” means the ICC, International Energy Conservation Code, 2015 edition, as
copyrighted by the International Code Council.
“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;
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E NERGY C ONSERVATION C ODE§5E-1-6
(2) 5A, the building code;
(3) 5D, the electrical code;
(4) 5E, the energy conservation code; and
(5) 5F, the plumbing code.
“Person” means any individual, firm, partnership, association, or corporation, or its
or their successors or assigns, according to the context thereof.
“Section” means a section of a chapter of the Uniform Plumbing Code.
(2020, ord 20-61, sec 5.) 5E-1-6
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.
(b) No person shall perform any work covered by this code in violation of the provisions
of chapter 444, Hawai‘i Revised Statutes.
(c) Any approval or permit issued pursuant to the provisions of this code shall comply
with all applicable requirements of this code.
(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.
(2020, ord 20-61, sec 5.) 5E-1-7
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, Hawai‘i 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.
(2020, ord 20-61, sec 5.) 5E-1-8
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.
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§ 5E-2-1 H AWAI‘I C OUNTY C ODE
(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) Subsections C101.2 and C101.3 of the International Energy Conservation Code
are deleted in their entirety.
(3) 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.”
(4) 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 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.”
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E NERGY C ONSERVATION C ODE§5E-2-1
(5) Subsection C103.1 of the International Energy Conservation Code is amended
to read as follows:
“C103.1 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, Hawai‘i Revised Statutes and in accordance with the
provisions of chapter 5, Hawai‘i 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, Hawai‘i Revised Statutes, shall be
certified by the owner.”
(6) Subsections C103.3.2 and C103.3.3 of the International Energy Conservation
Code are deleted in their entirety.
(7) Sections C104 and C105 of the International Energy Conservation Code are
deleted in their entirety.
(8) Sections C107 through C109 of the International Energy Conservation Code
are deleted in their entirety.
(9) 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 Hawai‘i, 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.”
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“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.”
(10) 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 ANSI/ASHRAE/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.”
(11) 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
222
(10.7 W/m) or 1.0 watt per square foot (10.7 W/m)
Btu/hft
of floor area for space conditioning purposes.
2. Unconditioned space that does not contain occupiable space
and/or habitable space.
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3. Greenhouses.
4. Open park pavilions where there is no enclosed space.”
(12) 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
a
- CLIMATE ZONE 1
MINIMUM REQUIREMENTS, R-VALUE METHOD
CLIMATE ZONE 1
All other Group R
Roofs
Insulation entirely above
R-10ci R-12.5ci
roof deck
a, bcc
Metal buildings R-30 or R-19 with cool roof R-30 or R-19 with cool roof
cc
Attic and other R-30 or R-19 with cool roof R-30 or R-19 with cool roof
Walls, above grade
dd
Mass R-5.7ci R-5.7ci
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
Heated slabs R-7.5 for 12” below R-7.5 for 12” below
Opaque doors
Nonswinging R-4.75 R-4.75
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2
For SI: 1 inch = 25.4 mm, 1 pound per square foot = 4.88 kg/m,
3
1 pound per cubic foot = 16 kg/m.
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
2
with materials having maximum thermal conductivity of 0.44 Btu-in/h-f °F. See
Section C402.2.3.”
(13)Subsection C402.2.3 of the International Energy ConservationCode 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 w
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.
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:
2
) of wall surface
1. Weighing not less than 35 psf (170 kg/m
area.
2
) of wall surface area
2. Weighing not less than 25 psf (120 kg/m
where the material weight is not more than 120 pcf (1900
3
).
kg/m
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2 2
3. Having a heat capacity exceeding 7 Btu/ft• °F (144 kJ/m•
K).
2 2
4. Having a heat capacity exceeding 5 Btu/ft• °F (103 kJ/m•
K), where the material weight is not more than 120 pcf (1900
3
kg/m).”
(14) 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
b
SHGC
a
Orientation SEW N
PF < 0.2 0.25 0.33
0.30 0.37
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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(15) 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.”
(16) 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
2 2
(0.2 L/s• m). Where
envelope is not greater than 0.40 cfm/ft
compliance is based on such testing, the building shall also comply
with Sections C402.5.5, C402.5.6 and C402.5.7.”
(17) 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.”
(18) 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.
3. Emergency egress lighting that is normally off.
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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).”
(19) 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.”
(20) A new subsection C405.10 is added to the International Energy Conservation
Code to read as follows:
“C405.10 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
collected for their space. A tenant is defined as “one who rents or
leases from a landlord.”
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(21) 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.”
(22) 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.”
(23) Subsection C408.2.4.1 of the International Energy Conservation Code is
deleted in its entirety.
(24) Subsection C408.3.1 of the International Energy Conservation Code is
amended to read as follows:
“C408.3.1 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
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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.”
(25) 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.”
(26) 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.”
(27) Subsection R101.1 of the International Energy Conservation Code is amended
to read as follows:
“R101.1 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 Hawai‘i County.”
(28) Subsection R103.1 of the International Energy Conservation Code is amended
to read as follows:
“R103.1 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, Hawai‘i Revised Statutes and in accordance with the
provisions of chapter 5, Hawai‘i County Code. The licensed
professional shall certify via a signed statement on the plans, that the
project complies with this code.
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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, Hawai‘i
Revised Statutes, shall be certified by the owner.”
(29) Subsections R103.3.2 and R103.3.3 of the International Energy Conservation
Code are deleted in their entirety.
(30) 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 Hawai‘i, 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.”
(31) 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.”
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3. An energy rating index (ERI) approach in Section R406.
4. The tropical zone requirements in Section R401.2.1 and
R401.3.”
(32) 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, Hawai‘i 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
N/A
*Exceptions:
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”.
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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.”
(33) 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:
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
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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.””
(34) Subsection R402.1 of the International Energy Conservation Code is amended
to read as follows:
“R402.1 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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(35) TABLE R402.1.2 of the International Energy Conservation Code is deleted in
its entirety and replaced with the following:
“TABLE R402.1.2
a
INSULATION AND FENESTRATION REQUIREMENTS BY COMPONENT
CLIMATE FENES-SKYLIGHT GLAZED CEILING WOOD MASS FLOOR BASEMENT SLAB CRAWL
bd
ZONE TRATION U-FACTOR FENES- R-VALUE FRAME WALL R-VALUE WALL R-VALUE SPACE
e, f
U-TRATION WALL R-VALUE R-VALUE & DEPTH WALL
bb, c, gd
FACTORSHGC R-VALUE R-VALUE
1 NR 0.75 0.25 3013 3/4 000 0
For SI: 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
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.”
(36) Subsection R402.1.2 of the International Energy Conservation Code is
amended to read as follows:
“R402.1.2 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.”
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(37) 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.”
(38) 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) and
solid timber/logs, or any other walls having a heat capacity greater
22
x °F (123 kJ/m x K).
than or equal to 6 Btu/ft
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.
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.”
(39) 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.
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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.”
(40) Subsection R402.4.1.2 of the International Energy Conservation Code is
amended to read as follows:
“R402.4.1.2 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.”
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E NERGY C ONSERVATION C ODE§5E-2-1
(41) 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, Hawai‘i Revised Statutes.
Exception: A water heating device as approved via Solar Hot Water
Heater Variance by the Department of Business, Economic
Development & Tourism, Hawai‘i State Energy Office.”
(42) 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.”
(43) 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.”
(44) TABLE 405.5.2(1) 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;
As proposed
otherwise wood frame
Gross area: same as proposed As proposed
Above-grade walls
U-factor: asspecified in Table R402.1.4 As proposed
Solar absorptance = 0.75 As proposed
Emittance = 0.90As 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
As proposed
insulation layer on interior side of walls
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§ 5E-2-1 H AWAI‘I C OUNTY C ODE
Type: wood frameAs proposed
Above-grade floorsGross area: same as proposedAs proposed
U-factor: as specified in Table R402.1.4 As proposed
Type: wood frameAs proposed
Ceilings Gross area: same as proposed As proposed
U-factor: as specified in Table R402.1.4As proposed
Type: composition shingle on wood
As proposed
sheathing
Gross area: same as proposed As proposed
Roofs
Solar absorptance = 0.75 As proposed
Emittance= 0.90As proposed
2
Type: vented with aperture = 1 ft per
i
AtticsAs proposed
2
300 ft ceiling area
Type: same as proposed As proposed
Foundation wall area above and below
Foundations
grade and soil characteristics: same as As proposed
proposed
2
Area:40 ft As proposed
Orientation: NorthAs proposed
Opaque doors
U-factor: same as fenestration from Table
As proposed
R402.1.4
h
Total area=
(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 area
Orientation: equally distributed to four
Vertical fenestration
cardinal compass orientations (N, E, S & As proposed
other than opaque
W).
doors
U-factor: as specified in Table R402.1.4As proposed
SHGC: as specified in Table R402.1.2
except that for climates with no
As proposed
requirement (NR) SHGC = 0.40 shall be
used.
Interior shade fraction: 0.92 - (0.21 × 0.92 -(0.21 × SHGC as
SHGC for the standard reference design) proposed)
External shading: noneAs proposed
Skylights None As proposed
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E NERGY C ONSERVATION C ODE§5E-2-1
Thermally isolated
None As proposed
sunrooms
Air leakage rate of 5 air changes per hour For residences that are
in climate zones 1 and 2, and 3 air changes not tested, the same air
per hour in climate zones 3 through 8 at a leakage rate as the
pressure of 0.2 inches w.g (50 Pa). The standard reference
mechanical ventilation rate shall be in design.
addition to the air leakage rate and the For tested residences, the
Air exchange ratesame as in the proposed design, but no measured air exchange
a
greater than 0.01 × CFA + 7.5 × (N+ 1) rate.
br
where: The mechanical
b
CFA = conditioned floor area ventilation rate shall be
= number of bedrooms
N in addition to the air
br
Energy recovery shall not be assumed for leakage rate and shall be
mechanical ventilation. as proposed.
None, except where mechanical ventilation
is specified by the proposed design, in
which case:
Annual vent fan energy use:
Mechanical
kWh/yr = 0.03942 × CFA + 29.565 × As proposed
ventilation
+ 1)
(N
br
where:
CFA = conditioned floor area
N = number of bedrooms
br
IGain = 17,900 + 23.8 × CFA + 4104 × N Same as standard
br
Internal gains
(Btu/day per dwelling unit) reference design
Same as standard
reference design, plus any
additional mass
An internal mass for furniture and
specifically designed as a
Internal mass contents of 8 pounds per square foot of
c
thermal storage element
floor area
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
As proposed
20 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
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§ 5E-2-1 H AWAI‘I C OUNTY C ODE
Fuel type: same as proposed design.As proposed
Efficiencies: As proposed
Electric: Air-source heat pump with
prevailing federal minimum standards.
Nonelectric furnaces: natural gas furnace As proposed
d, e
Heating systems
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
d, f
Cooling systems
federal minimum standards.
Capacity: sized in accordance with Section
As proposed
R403.7.
Fuel type: same as proposed designAs proposed
Efficiency: in accordance with prevailing As proposed
Service water
federal minimum standards.
d, e, f, g
heating
Use: Same as proposed design gal/day = 30 +
(10 × N)
br
Duct insulation: From Section R403.2.1
A thermal distribution system efficiency
(DSE) of 0.88 shall be applied to both the
As tested or as specified
heating and cooling system efficiencies for
Thermal distribution in Table R405.5.2(2) if not
all systems other than tested duct
systems tested. Duct insulation
systems. For tested duct systems, the
shall be as proposed.
leakage rate shall be 4 cfm (113.3 L/min)
22
(9.29 m) of conditioned floor
per 100 ft
area at a pressure of differential of 0.1
inches w.g. (25 Pa).
Type: Manual, cooling temperature
Same as standard
Thermostat setpoint = 75°F;
reference
Heating temperature setpoint = 72°F
2
For SI: 1 square foot = 0.93 m, 1 British thermal unit = 1055 J, 1 pound per square
2
, 1 gallon (US) = 3.785 L, °C = (°F-32)/1.8, 1 degree = 0.79 rad.
foot = 4.88 kg/m
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.
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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:
AF = As × FA × F
where:
AF = Total glazing area
A=Standard reference design total glazing area.
s
FA = (Above-grade thermal boundary gross wall area)/(above-grade boundary wall
area + 0.5 × 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.
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§ 5E-2-1 H AWAI‘I C OUNTY C ODE
i.Unvented Attic Spaces. The atticspaceshallbe 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.”
(45)A new section R407 is added to the International Energy Conservation Code to
read as follows:
“SECTION R407
POINTS OPTION
R407.1 General (Prescriptive). Above-grade walls and roofs are
permitted to comply with the points option as an alternative to
complying with Sections R401.2.1, R402.1.2 and R402.2.
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 R407.1
POINTS OPTION
Standard Tropical
Home Home
Points Points
Wood Framed
R-19 Roof Insulation-10
R-19 Roof Insulation + Cool roof
0 1
ac
membrane or RadiantBarrier
Roof Insulation
(Must choose 1) R-19 Roof Insulation + Attic
0 1
b
Venting
R-30 Roof Insulation 0 1
R-13 Cavity Wall Insulation 0 1
R-13 Wall Insulation + high
1 2
d
reflectance walls
Wall Insulation
R-13 Wall Insulation + 90% high
(Must choose 1) efficacy lighting and Energy Star 1 2
e
Appliances
R-13 Wall Insulation + exterior
1 2
f
shading wpf=0.3
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5E-26
E NERGY C ONSERVATION C ODE§5E-2-1
g
Ductless Air Conditioner11
1.071 X Federal Minimum SEER
1 1
Mechanical / Electrical
for Air Conditioner
Systems
1.142 X Federal Minimum SEER
(Choose ONLY if applies to
2 2
for Air Conditioner
scope of work)
Not
No air conditioning installed 2
Applicable
11
-1 -1
Must choose if applies to new
h
Energy Star Fans1 1
construction and/or additions
(House floor area to be
Install 1 kW or greater of solar
11
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
d
reflectance walls
Wall Insulation
R-13 Wall Insulation + 90% high
(Must choose 1)
efficacy lighting and Energy Star 1 2
e
Appliances
R-13 Wall Insulation+ exterior
0 1
f
shading wpf=0.3
R-30 Roof Insulation 0 1
R-19 Roof Insulation -1 0
a
Roof Insulation
R-19 + Cool roof membrane or
0 1
c
(Must choose 1)
Radiant Barrier
R-19 Roof Insulation + Attic
0 1
b
Venting
g
Ductless Air Conditioner 1 1
1.071 X Federal Minimum SEER
1 1
Mechanical / Electrical
for Air Conditioner
Systems
1.142 X Federal Minimum SEER
(Choose ONLY if applies to 2 2
for Air Conditioner
scope of work)
Not
No air conditioning installed 2
Applicable
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§ 5E-2-1 H AWAI‘I C OUNTY C ODE
11
-1-1
Must choose if applies to new
Energy Star Fans7 1 1
construction and/or additions
(house floor area to be
Install 1 kW or greater of solar
11
considered as existing dwelling
electric
size plus new square footage)
Reduce fenestration from 14% to Not
-1
10% Applicable
SF = Square Feet
a. 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
b. One cfm/ftattic venting.
c. 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.
d. Walls with covering with a reflectance of
e. Energy Star rated appliances include refrigerators, dishwashers, and clothes
washers and must be installed for the final inspection.
f. 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.
g. All air conditioning systems in the house must be ductless to qualify for this
credit.
h. Install ceiling fans in all bedrooms and the largest habitable space that is not
used as a bedroom.”
(46) 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.”
(47) 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 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
SUPP. 9 (1-2021)
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E NERGY C ONSERVATION C ODE§5E-2-1
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.”
(48) Subsection R503.1.1 of the International Energy Conservation Code is
amended to read as follows:
“R.503.1.1 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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§ 5E-2-1 H AWAI‘I C OUNTY C ODE
(49) 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.”
(2020, ord 20-61, sec 5.) 5E-2-1
SUPP. 9 (1-2021)
5E-30
CHAPTER 5F
PLUMBING CODE
Article 1. General Provisions.
Section 5F-1-1. Title.
Section 5F-1-2. Purpose.
Section 5F-1-3. Scope; exceptions.
Section 5F-1-4. Administrative provisions.
Section 5F-1-5. Existing plumbing installations.
Section 5F-1-6. Definitions.
Section 5F-1-7. Compliance required.
Section 5F-1-8. Conflict.
Article 2. Installation Requirements.
Section 5F-2-1. Uniform plumbing code adopted.
Article 3. Plumbing Work Within Special Flood Hazard Areas.
Section 5F-3-1. General applicability.
Section 5F-3-2. Definitions.
Section 5F-3-3. Drainage (plumbing) systems.
Section 5F-3-4. Private sewage disposal/treatment.
Section 5F-3-5. Water supply systems.
Section 5F-3-6. Plumbing piping under buildings.
Editor's Note: Chapter 17, “plumbing code,” was repealed by ordinance 20-61, section 12, and replaced with chapter 5F.
SUPP. 9 (1-2021)
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P LUMBING C ODE § 5F-1-1
CHAPTER5F
PLUMBING CODE
Article 1. General Provisions.
Section 5F-1-1. Title.
This chapter shall be known as the “plumbing code.”
(2020, ord 20-61, sec 6.) 5F-1-1
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.
(2020, ord 20-61, sec 6.) 5F-1-2
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:
This chapter shall not apply to:
(1) Work or installations not covered by the Uniform Plumbing Code, 2012
Edition, as adopted by the Hawai‘i 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, Hawai‘i 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, Hawai‘i Revised
Statutes, relating to boilers and pressure vessels; or
(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, Hawai‘i 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.
(2020, ord 20-61, sec 6.) 5F-1-3
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5F-1
§ 5F-1-4 H AWAI‘I C OUNTY C ODE
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.
(2020, ord 20-61, sec 6.) 5F-1-4
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.
(2020, ord 20-61, sec 6.) 5F-1-5
Section 5F-1-6. Definitions.
As used in this chapter, unless it is apparent from the context that a different
meaning is intended:
2
)
“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.
“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.
“This code” means the plumbing code, contained in chapter 5F, 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 building code; chapter 5D, the electrical code; chapter 5E, the
energy conservation code; chapter 5F, the plumbing code; and all administrative rules
adopted pursuant to these chapters.
“Director” means the director of public works of the County of Hawai‘i or the
director’s duly authorized representative.
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5F-2
P LUMBING C ODE § 5F-1-6
“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 Hawai‘i.
“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.
“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 building code;
(3) 5D, the electrical code;
(4) 5E, the energy conservation code; and
(5) 5F, the plumbing code.
“Person” means any individual, firm, partnership, association, or corporation, or its
or their successors or assigns, according to the context thereof.
“Plumbing work” means the design, installation, alteration, construction,
reconstruction, or repair of plumbing, gas, and drainage systems.
“Section” means a section of a chapter of the Uniform Plumbing Code.
“UPC” means the Uniform Plumbing Code as published by the International
Association of Plumbing and Mechanical Officials.
(2020, ord 20-61, sec 6.) 5F-1-6
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.
(b) No person shall perform any work covered by this code in violation of the provisions
of chapter 448E, Hawai‘i Revised Statutes.
(c) Any approval or permit issued pursuant to the provisions of this code shall comply
with all applicable requirements of this code.
(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.
(2020, ord 20-61, sec 6.) 5F-1-7
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Section 5F-1-8. Conflict.
(a) If any provisions of this code conflict with or contravene provisions of the Hawai‘i
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.
(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.
(2020, ord 20-61, sec 6.) 5F-1-8
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.
(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.”
(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 Hawai‘i, or the director’s
authorized agent.”
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(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.”
(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.”
(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 any water closet, bidet, and
lavatory, shall not be less than 24 inches (610mm) which may include
adjoining floor area.”
(6) Section 422.0 and Table 422.1 of the Uniform Plumbing Code are repealed in
their entirety.
(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.”
(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.
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§ 5F-2-1 H AWAI‘I C OUNTY C ODE
(2) Fuel burning water heaters having sealed combustion
chambers may be installed at floor level.
(3) Electric water heaters in garages 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.
Exception: No permanent access required for R-3 Occupancies.”
(10) Subsection 604.11 of the Uniform Plumbing Code is amended to read as
follows:
“604.11 Lead Content. The maximum allowable lead content in
pipes, pipe fittings, plumbing fittings, 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, plumbing fittings, 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, plumbing fittings, 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.
(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.”
(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 its vertical dimensions.”
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(12) Subsection 608.5 of the Uniform Plumbing Code is amended to read as follows:
“608.5 Drains. Relief valves shall be provided with a drain, not
smaller than the relief valve outlet, of galvanized steel, hard-drawn
copper piping and fittings, CPVC, PP, or listed relief valve drain tube
with fittings that will not reduce the internal bore of the pipe or
tubing (straight lengths as opposed to coils) and shall extend from the
valve to the outside of the building, with the end of the pipe not more
than 2 feet (610 mm) nor less than 6 inches (152 mm) aboveground or
the flood level of the area receiving the discharge and pointing
downward. Such drains shall be permitted to terminate at other
approved locations. Relief valve drains shall not terminate in a
building’s crawl space. No part of such drain pipe shall be trapped or
subject to freezing. The terminal end of the drain pipe shall not be
threaded.”
(13) Subsection 715.1 of the Uniform Plumbing Code is amended to read as follows:
“715.1 Materials. The building sewer, beginning 5 feet (1524 mm)
from a building or structure shall be of such materials as prescribed in
this code.”
(14) 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.”
(15) 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 the
National Weather Service rainfall map for 100 year, 60 minute storms
at various locations.”
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(16) 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.”
(17) A new subsection 1212.2 is added to the Uniform Plumbing Code to read as
follows:
“1212.2 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.”
(18) A new subsection 1301.4 is added to the Uniform Plumbing Code to read as
follows:
“1301.4 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.”
(19) Subsection 1309.1 of the Uniform Plumbing Code is amended to read as
follows:
“1309.1 General. The provisions of ‘Part II - 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 Hawai‘i. 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.”
(20) 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.
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(21) 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.
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.”
(22) 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 A118-10-2011:
Referenced
Standard Number Standard Title Application
Sections
State of Hawai‘i - Standard Details for Public
Various Various
Rev. Sept. 2000 Works Construction
State of Hawai‘i –
Water System Standards Various Various
2002
(23) Subsection 1601.3 of the Uniform Plumbing Code is amended to read as
follows:
“1601.3 Permit or Approval.
It shall be unlawful for any person to construct, install, alter, or cause
to be constructed, installed, or altered any alternate water source
system in a building or on a premises 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.”
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§ 5F-2-1 H AWAI‘I C OUNTY C ODE
(24) 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:”
(25) Appendix D of the Uniform Plumbing Code, “Sizing Storm Water Drainage
Systems,” is deleted in its entirety.
(26) Appendix E of the Uniform Plumbing Code, “Manufactured/Mobile Home
Parks and Recreational Vehicle Parks,” is deleted in its entirety.
(27) Appendix F of the Uniform Plumbing Code, “Firefighter Breathing Air
Replenishment Systems,” is deleted in its entirety.
(28) 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)”
(29) 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”
(2020, ord 20-61, sec 6.) 5F-2-1
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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, Hawai‘i 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.
(2020, ord 20-61, sec 6.) 5F-3-1
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.
“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)(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.
“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.
(2020, ord 20-61, sec 6.) 5F-3-2
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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.
(2020, ord 20-61, sec 6.) 5F-3-3
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.
(2020, ord 20-61, sec 6.) 5F-3-4
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 Hawai‘i.
(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.
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(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.
(2020, ord 20-61, sec 6.) 5F-3-5
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.
(2020, ord 20-61, sec 6.) 5F-3-6
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Chapter 9. Electricity. Repealed.
(Rep 2020, ord 20-61, sec 12.)
Editor’s Note: For present provisions, see chapter 5D.
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Article 17. Regulation of Axis Deer.
Section 14-106. Transporting live axis deer into the County; unlawful.
Section 14-107. Transporting live axis deer within the County; unlawful.
Section 14-108. Harboring axis deer; unlawful.
Section 14-109. Exemptions.
Section 14-110. Penalty.
Article 18. Animal Eradication.*
Section 14-111. Findings and purpose.
Section 14-112. Aerial eradication of animals; unlawful.
* Editor’s Note: Application of article 18 preempted with respect to requirements of 1998 Stipulated Order, providing
that State will commence aerial shooting of ungulates sighted in critical habitat area for Palila. Palila v. Haw. Dep't of
Land & Natural Res., No. 78-00030 JMS (D. Haw. April 8, 2013) (Order Granting Defs. Mot. for Declaratory and
Injunctive Relief).
Article 19. Geothermal Drilling.
Section 14-113. Definitions.
Section 14-114. Restrictions.
Article 20. Repealed.
(Rep 2020, ord 20-86, sec 9.)
Article 21. Hydraulic Fracturing Policy.
Section 14-120. Definitions.
Section 14-121. Hydraulic fracturing prohibited.
Section 14-122. Right of entry.
Section 14-123. Violation.
Section 14-124. Notice of violation.
Section 14-125. Administrative enforcement.
Section 14-126. Penal enforcement.
Section 14-127. Injunctive relief.
Article 22. Restriction of Genetically Engineered Crops and Plants.*
Section 14-128. Purpose.
Section 14-129. Definitions.
Section 14-130. Prohibition.
Section 14-131. Exemptions.
Section 14-132. Emergency exemption.
Section 14-133. Registration.
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Section 14-134. Penalties.
Section 14-135. Declaratory and injunctive relief.
Section 14-136. Cumulative remedies.
* Editor’s Note: Article 22 was invalidated by Haw. Papaya Indus. Ass'n. v. County of Haw., No. 14-17538 (9th Cir.
2016) (mem.).
Article 23. Distribution of Tobacco Products.
Section 14-137. Definitions.
Section 14-138. Prohibition; verification of age; penalties.
Section 14-139. Posted signs required.
Section 14-140. Enforcement.
Article 24. Littering.
Section 14-141. Definitions.
Section 14-142. Littering prohibited; use of public receptacles.
Section 14-143. Sweeping into streets and sidewalks prohibited.
Section 14-144. Merchant’s duty to keep sidewalk clean of litter.
Section 14-145. Litter prohibited on occupied private property.
Section 14-146. Distributing handbills at inhabited private premises.
Section 14-147. Summons or citation for violation.
Section 14-148. Penalty.
Article 25. Clearing Occupied and Unoccupied Lots.
Section 14-149. Definitions.
Section 14-150. Removal of refuse, undergrowth, and unsafe flora required.
Section 14-151. Complaint by adjacent or abutting owner(s); request to clear.
Section 14-152. Clearance by County; costs.
Section 14-153. Service of notice.
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G ENERAL W ELFARE § 14-1
(C) All tennis courts;
(D) Waipi‘o Lookout.
(12) North/South Kohala:
(A) Church Row;
(B) All swimming pools;
(C) All tennis courts;
(D) Waikoloa Highway Park;
(E) Spencer Beach Park;
(F) Kamakoa Nui Park;
(G) Spencer Kalani Schutte District Park.
(1982, ord 810, sec 1; am 1983 CC, c 14, art 1, sec 14-1; am 1987, ord 87-70, sec 1; am
1990, ord 90-104, sec 1; am 1993, ord 93-7, sec 1; am 1996, ord 96-54, sec 1; am 2008,
ord 08-7, sec 3; am 2010, ord 10-5, sec 1; am 2013, ord 13-77, sec 1; am 2017, ord 17-55,
sec 1; am 2018, ord 18-61, sec 3; am 2019, ord 19-43, sec 3; am 2020, ord 20-59,
sec 3.)14-1
Section 14-2. Areas requiring permits for intoxicating liquors between the
hours of 10:00 a.m. and 10:00 p.m.
(a) Permits shall allow drinking of intoxicating liquors only between the hours of 10:00
a.m. and 10:00 p.m.
(1) South Hilo:
(A) Bayfront Beach;
(B) Coconut Island;
(C) Hilo Armory;
(D) Ho‘olulu Complex;
(E)
(F) Wainaku Gym;
(G) Equestrian Center, Pana‘ewa;
(H) Hakalau Park;
(I)
(J) Carvalho Park;
(K) Pepe‘ekeo Community Center;
(L) University Heights Park.
(2) North/South Kona:
(A)
(B)
(C) Imin Center;
(D) Yano Hall;
(E) Greenwell Park;
(F) That area in the terminal at Kailua Park specifically designated by the
director of parks and recreation;
(G) Old Kona Airport Park picnic pavilions and Events Pavilion excluding
the runway and areas surrounding the runway, Pawai Bay, and the
park area at the end of the runway;
(H) Kahalu‘u Beach Park;
(I) Magic Sands Beach Park, otherwise known as Disappearing Sands
Beach Park or White Sands Beach Park;
(J)
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§ 14-2 H AWAI‘I C OUNTY C ODE
(3)
(A)
(B) Pahala Community Center;
(C) Hawaiian Ocean View Park.
(4) Puna:
(A)
(B) Volcano Community Center;
(C) Kurtistown Park;
(D) Mt. View Park;
(E) Shipman Park;
(F) Isaac Kepo‘okalani Hale Beach Park.
(5)
(A) Honoka‘a Rodeo Arena;
(B) Haina Park;
(C) Honoka‘a Park.
(6) North/South Kohala:
(A) Kamehameha Park;
(B) Kohala Senior Center;
(C) Waimea Park;
(D) Waimea Senior Center.
(1982, ord 810, sec 2; am 1983 CC, c 14, art 1, sec 14-2; am 1987, ord 87-70, sec 1; am
1990, ord 90-122, sec 2; am 2008, ord 08-121, sec 1; am 2009, ord 09-144, sec 2; am 2010,
ord 10-6, sec 2; am 2016, ord 16-75, sec 1.)14-2
Section 14-2.1. Intoxicating liquors allowed between the hours of 6:00 p.m.
and 10:00 p.m.
(a) No person shall drink, offer to drink, or display in public view in the following
public areas or buildings located thereon, any intoxicating liquors, whether in a
bottle, jug, container or otherwise, except between the hours of 6:00 p.m. and 10:00
p.m.
(1) South Hilo:
(A) Ainako Park;
(B) Kaiwiki Park;
(C)
(D)
(E) Kula‘imano Park;
(F) Malama Park;
(G)
(H) -Uka Park;
(I) Wainaku Playground.
(2) North/South Kona:
(A) Reserved.
(3)
(A)
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G ENERAL W ELFARE § 14-111
(2) The State of Hawai‘i should conform and comply with the provisions of this
article;
(3) Other methods of animal population control must be used. Any such method to
be enacted will take in to account the will of the people, which requires
effective communication and a concerted effort to remain linked to the people
that take responsibility for the land and its resources; and
(4) The State of Hawai‘i should increase public access to the areas of Hawai‘i
Island that will allow hunters and gatherers the opportunity to provide
subsistence to the families of Hawai‘i Island. Valuable food resources should
be consumed rather than wasted.
(2012, ord 12-109, sec 2.)14-111
Section 14-112. Aerial eradication of animals; unlawful.
It is a violation of this article for any person to engage in the eradication of any
animal for any reason while being transported by helicopter, airplane, or any other
similar means.
(2012, ord 12-109, sec 2.)14-112
Article 19. Geothermal Drilling.
Section 14-113. Definitions.
For the purposes of this article, the following words and phrases, unless the context
otherwise requires, shall be defined as indicated:
“Residence” means a building or a part thereof permitted and designed for or used
for a home.
“One mile” means the measurement made from the well bore, in a straight line,
without regard to intervening structures or objects, to the property line of the nearest
residence.
(2012, ord 12-151, sec 1.)14-113
Section 14-114. Restrictions.
Geothermal resources exploration drilling and geothermal production drilling
operations being conducted one mile or less from a residence, shall be restricted to the
operating hours of 7:00 a.m. – 7:00 p.m.
(2012, ord 12-151, sec 1.)14-114
Article 20. Repealed.
(Rep 2020, ord 20-86, sec 9.)
Section 14-115. Repealed.
(2013, ord 12-1, sec 2; rep 2020, ord 20-86, sec 9.)14-115
SUPP. 9 (1-2021)
14-47
§ 14-116 H AWAI‘I C OUNTY C ODE
Section 14-116. Repealed.
(2013, ord 12-1, sec 2; rep 2020, ord 20-86, sec 9.)14-116
Section 14-117. Repealed.
(2013, ord 12-1, sec 2; rep 2020, ord 20-86, sec 9.)14-117
Section 14-118. Repealed.
(2013, ord 12-1, sec 2; rep 2020, ord 20-86, sec 9.)14-118
Section 14-119. Repealed.
(2013, ord 12-1, sec 2; rep 2020, ord 20-86, sec 9.)14-119
Article 21. Hydraulic Fracturing Policy.
Section 14-120. Definitions.
As used in this article, unless the context requires otherwise:
“Department” means the planning department.
“Director” means the director of the planning department, or the director’s
authorized representative(s).
“Drilling operation” means the boring, piercing, or penetration into an underground
geologic formation.
“Hydraulic fracturing” means a drilling operation into an underground geologic
formation and the injection of fluids, gases, chemicals, sand or any other substance with
the intention to cause or enhance fractures in the geologic formation for the purpose of
instigating or increasing the porosity or permeability of the geologic formation to
initiate or increase the production of a desired commodity from a well. Hydraulic
fracturing is also known as “fracking,” “hydro-fracking,” “hydro-fracturing,” “hydro-
shearing,” “hydraulic shearing,” “hydro-stimulation,” or “enhanced geothermal drilling.”
(2013, ord 13-115, sec 2.)14-120
SUPP. 9 (1-2021)
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G ENERAL W ELFARE § 14-121
Section 14-121. Hydraulic fracturing prohibited.
Hydraulic fracturing or the practice by any other name shall be prohibited for any
purpose. No permit or exemption to this policy shall be provided by the County. Any
permit issued by the County that allows for a drilling operation shall include a written
condition prohibiting hydraulic fracturing.
(2013, ord 13-115, sec 2.)14-121
Section 14-122. Right of entry.
Upon presentation of proper credentials, the director may enter at reasonable times
any property in the County which utilizes drilling operations to inspect the property for
potential violations of this article, provided that such entry shall be made in such a
manner as to cause the least possible inconvenience to the person in possession. An
order of a court authorizing such entry shall be obtained in the event such entry is
denied or resisted.
(2013, ord 13-115, sec 2.)14-122
Section 14-123. Violation.
Any hydraulic fracturing for any purpose at any time using any method constitutes
a violation of this article. Single or multiple violations shall be listed on the notice of
violation and penalties shall be applied for each violation.
(2013, ord 13-115, sec 2.)14-123
Section 14-124. Notice of violation.
(a) Whenever the director determines that there exists a violation of any provision of
this article, the director shall serve a notice of violation upon the parties
responsible for the violation, which may include, but shall not be limited to the
owner and any lessee of the property where the violation is located, to make the
location where the violation is occurring compliant with this article. Such notice of
violation shall include:
(1) The date of the notice;
(2) The name and address of the person noticed, and the location of the violation;
(3) The section number of the ordinance, code, or rule which has been violated;
(4) The nature of the violation; and
(5) The deadline for compliance with the notice.
(b) Proper service of such notice shall be by personal service, registered mail, or
certified mail upon the owner of record, provided, that if such notice is by registered
mail or certified mail, the designated period within which the owner or person in
charge is required to comply with the order of the director shall begin as of the date
the owner or person in charge receives such notice.
(2013, ord 13-115, sec 2.)14-124
SUPP. 9 (1-2021)
14-49
§ 14-125 H AWAI‘I C OUNTY C ODE
Section 14-125. Administrative enforcement.
(a) If the director of planning determines that any entity is not complying with a notice
of violation, the director may have the party responsible for the violation served, by
mail or delivery, with an order pursuant to this section.
(b) Contents of the Order.
(1) The order may require the parties responsible for the violation, including but
not limited to the owner/lessee of the property where the violation is located,
to do any or all of the following:
(A) Correct the violation(s) within the time specified in the order;
(B) Pay a civil fine in the amount, at the place, and before the date specified
in the order.
(2) The order shall advise the party responsible for the violation that the order
shall become final thirty calendar days after the date of its delivery. The order
shall also advise that the County’s action may be appealed to the board of
appeals.
(c) Civil fines.
(1) Any person who violates this article shall pay a civil fine not to exceed $25,000
for each separate offense. Each day a violation persists shall constitute a
separate offense. Any action taken in court to impose or collect the fine
provided for in this section shall be considered a civil action.
(2) Any person who denies, obstructs, or hampers the director from the entrance
to or inspection of any building, place, or vehicle pursuant to this article shall
pay a civil fine not to exceed $10,000 for each day of denial, obstruction, or
hampering. Any action taken in court to impose or collect the penalty
provided for in this section shall be considered a civil action.
(3) Factors to be considered by the director in imposing a civil fine shall include
but not be limited to the following:
(A) The nature, circumstances, extent, gravity, and history of the violation
and of any prior violations;
(B) The economic benefit to the violator, or anticipated by the violator,
resulting from the violation;
(C) The opportunity, difficulty, and history of corrective action;
(D) Good faith efforts to comply;
(E) Degree of culpability; and/or
(F) Such other matters as justice may require.
SUPP. 9 (1-2021)
14-50
G ENERAL W ELFARE § 14-139
(b) As of July 1, 2017, every person who sells or displays tobacco products shall post
conspicuously and keep so posted at the place of business at each point of sale a
sign which states, “The sale of tobacco products to persons under twenty-one years
of age is prohibited,” in letters at least one-half inch high.
(c) Any person failing to post a notice in compliance with this section shall be subject
to a fine of $100 for the first offense, $250 for the second offense, and $500 for the
third and all subsequent offenses.
(2013, ord 13-124, sec 1.)14-139
Section 14-140. Enforcement.
The department or its authorized delegates may conduct random, unannounced
inspections at locations where tobacco products are distributed to test and ensure
compliance with this article, and shall generally enforce the provisions of this article.
This article shall not apply to controlled purchases as part of a law enforcement activity
or a study authorized by the State department of health under the supervision of law
enforcement.
(2013, ord 13-124, sec 1.)14-140
Article 24. Littering.
Section 14-141. Definitions.
As used in this article:
“Handbill” means any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced
original or copies of any matter of literature.
“Litter” means any waste material including, but not limited to, any animal and
vegetable wastes, and any other solid waste such as dirt, ashes, street cleanings, dead
animals or parts of dead animals, market and industrial wastes, bagasse, cane trash,
paper, wrappings, cigarettes, cardboards, tin cans, yard clippings, leaves, wood, tree
trimmings, glass, bedding, crockery, furniture, appliances, scrap metal and any other
waste material commonly or ordinarily regarded as being garbage, rubbish, refuse,
trash or swill.
“Newspaper” means a public print of general circulation issued for compensation at
daily or weekly intervals reporting the news or happenings of local, national, or foreign
interest, such as social, religious, political, moral, business, professional, editorial, and
other kindred subjects, as well as trade, market, money reports, advertisements and
announcements.
“Private premises” means any dwelling, house, building or other structure,
designed or used either wholly or in part for private residential purposes, whether
inhabited or temporarily or continuously uninhabited or vacant, and includes any yard,
grounds, walk, driveway, porch, steps, vestibule, or mailbox belonging to or appurtenant
to a dwelling, house, building, or other structure.
“Public place” means any street, sidewalk, boulevard, alley or other public way and
any public park, square, space, ground or building.
(2020, ord 20-86, sec 1.) 14-141
SUPP. 9 (1-2021)
14-57
§ 14-142 H AWAI‘I C OUNTY C ODE
Section 14-142. Littering prohibited; use of public receptacles.
(a) No person shall scatter, throw, drop, deposit, or place or cause to be scattered,
thrown, dropped, deposited, or placed any litter on any highway, street, road, alley,
sidewalk, sea beach, public park, or other public place in the County.
(b) Any person placing litter in a public receptacle or in an authorized private
receptacle shall do so in a manner which prevents the litter from being carried or
deposited by the elements upon any street, sidewalk, or other public place, or upon
private property.
(2020, ord 20-86, sec 1.) 14-142
Section 14-143. Sweeping into streets and sidewalks prohibited.
(a) No person shall sweep into or deposit in any gutter, street, or other public place the
accumulation of litter from any building or lot or from any public or private
sidewalk or driveway.
(b) Any person owning or occupying property shall keep the sidewalk in front of that
person’s premises free of litter.
(2020, ord 20-86, sec 1.) 14-143
Section 14-144. Merchant’s duty to keep sidewalk clean of litter.
(a) No person owning or occupying a place of business shall sweep into or deposit in
any gutter, street, or other public place the accumulation of litter from any building
or lot or from any public or private sidewalk or driveway.
(b) Any person owning or occupying a place of business shall keep the public walking
and parking areas in front of that person’s business premises free of litter.
(2020, ord 20-86, sec 1.) 14-144
Section 14-145. Litter prohibited on occupied private property.
No person shall throw or deposit litter on any occupied private property, whether
owned by that person or not, except that the owner or person in control of private
property may maintain any authorized private receptacle for collection in a manner that
litter will be prevented from being carried or deposited by the elements upon any street,
sidewalk, or other public place or upon any private property.
(2020, ord 20-86, sec 1.) 14-145
Section 14-146. Distributing handbills at inhabited private premises.
(a) No person shall throw, deposit, or distribute any handbill in or upon private
premises which are inhabited, except by handling or transmitting any handbill
directly to the owner, occupant, or other person then present in or upon the private
premises; provided that the person distributing the handbill, unless requested not
to do so by owner, occupant, or other person lawfully on the premises, may place or
deposit any handbill in or upon the inhabited premises if the handbill is so placed
or deposited as to secure or prevent the handbill from being blown or drifted about
the premises or sidewalks, streets, or other public places, except that mailboxes
may not be used when prohibited by Federal postal law or regulations.
SUPP. 9 (1-2021)
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G ENERAL W ELFARE § 14-146
(b) Subsection (a) shall not apply to the distribution of mail by the United States, nor
of any newspaper, except that a newspaper shall be placed on private property in a
manner which prevents the newspaper from being carried or deposited by the
elements upon any street, sidewalk, or other public place or upon private property.
(2020, ord 20-86, sec 1.) 14-146
Section 14-147. Summons or citation for violation.
A police officer shall use a form of summons or citation provided by the County in
citing a violator of any provision of this article.
(2020, ord 20-86, sec 1.) 14-147
Section 14-148. Penalty.
(a) Any person who violates any provision of this article shall, upon conviction, be
sentenced to pay of fine of not more than $1,000 and/or not more than 200 hours of
community service or both for each offense and shall be required to remove their
litter or shall be liable for the costs of removing that litter.
(b) Each day of violation shall constitute a separate offense.
(2020, ord 20-86, sec 1.) 14-148
Article 25. Clearing Occupied and Unoccupied Lots.
Section 14-149. Definitions.
As used in this article:
“Refuse” means any discarded or disposable matter, including garbage, rubbish,
and swill.
“Swill” means any food waste which is fit for animal consumption.
“Undergrowth” means any bush, small tree, or other vegetation.
“Unsafe flora” means any or any part of a tree, bush, vine, or grass that poses an
imminent danger for fire, health, safety, property damage, or criminal threat to persons
or adjacent property and structures including buildings, roofs, rain gutters, antennae,
driveways, landscaping, privacy structures (including gates, fencing, and stone walls),
tents, garages, automobiles, power lines, phone lines, playground equipment, water
catchment tanks, swimming pools, or any other structures and property not identified
here.
(2020, ord 20-86, sec 2.) 14-149
Section 14-150. Removal of refuse, undergrowth, and unsafe flora required.
Every owner of any occupied or unoccupied lot the frontage of which abuts or
adjoins any public street or highway within the County, shall clear the lot of all refuse,
uncultivated undergrowth, and unsafe flora thereon to a depth of not exceeding one
hundred feet from any street or highway adjoining, whenever on the lot there is refuse,
uncultivated undergrowth, or unsafe flora to an extent that the lot poses or is likely to
pose an imminent danger for fire, health, safety, property damage, or crime hazard.
(2020, ord 20-86, sec 2.) 14-150
SUPP. 9 (1-2021)
14-59
§ 14-151 H AWAI‘I C OUNTY C ODE
Section 14-151. Complaint by adjacent or abutting owner(s); request to clear.
(a) If a majority of all the adult residents within a radius of five hundred feet from any
boundary of, or the property owner of a property adjacent to or abutting, any
occupied or unoccupied lot, in writing to the mayor requests that the lot be cleared
of refuse, uncultivated undergrowth, or unsafe flora, the mayor shall investigate
the complaint. If the mayor certifies that there is refuse, uncultivated undergrowth,
or unsafe flora on the lot complained about to an extent that the lot poses or is
likely to pose an imminent danger for fire, health, safety, property damage, or
crime hazard, the mayor shall notify the owner of the lot to clear the occupied or
unoccupied lot of the refuse, uncultivated undergrowth, or unsafe flora.
(b) If the offending uncultivated undergrowth or unsafe flora is registered as an
endangered or protected species or is listed as “exceptional” pursuant to chapter 14,
article 10 of this Code, or if the owner wants to keep the offending uncultivated
undergrowth or unsafe flora, the owner shall submit in writing a treatment plan for
its continued safe existence to the mayor’s office, the department of public works,
the arborist advisory committee, the offended property owner(s), and, if applicable,
the homeowners association. The treatment plan shall be approved by the
department of public works and, if applicable, the homeowners association.
(c) If a building is constructed in close proximity to an existing stand of trees used for
wind block, boundary markers or ornamentals, the property owner may not file a
complaint under this section and may seek other legal remedies should an
emergency situation arise.
(d) If a person files three unsubstantiated complaints about the same refuse,
uncultivated undergrowth, or unsafe flora, that person may not file a complaint for
that same property, providing that property is under the same ownership at the
time that the three unsubstantiated complaints were filed.
(2020, ord 20-86, sec 2.) 14-151
Section 14-152. Clearance by County; costs.
(a) If any owner, after notice to clear any occupied or unoccupied lot has been mailed to
the owner and posted by the mayor, fails or refuses to comply with the order within
thirty days after the notice, the County may proceed to clear the lot of the refuse,
uncultivated undergrowth, or unsafe flora at the expense of the owner.
(b) The collection of any expense that has been unpaid by the property owner for
clearing any unoccupied lot shall be a lien on the property so cleared, and the
County may recover the amount of the lien and the expense and costs of the
clearing by action at law in assumpsit, or by any action allowed by law in equity, or
that may be prescribed by statute, including any proceeding allowed for the
foreclosure of tax liens.
(c) The collection of recoverable expenses that has been unpaid by the property owner
for clearing any occupied lot shall proceed as follows:
(1) The department of public works shall keep an itemized record of recoverable
expenses. Promptly after completion of the lot clearing, the department shall
certify those expenses to the office of the corporation counsel.
SUPP. 9 (1-2021)
14-60
G ENERAL W ELFARE § 14-152
(2) The office of the corporation counsel, on behalf of the County, shall submit a
written itemized claim for the total recoverable expenses incurred by the
County to the responsible person or persons and a written notice stating that
unless the amounts are paid in full within thirty days after receipt of the claim
and notice, the County will file a civil action seeking recovery for the stated
amount.
(3) The County may bring a civil action for the recovery of all recoverable
expenses against any and all persons causing or responsible for the placement
of the individual or individuals in a situation of imminent danger.
(d) For the purposes of this section, “recoverable expenses” means those expenses that
are reasonable, necessary, and allocable to the clearing of an occupied lot of refuse,
uncultivated undergrowth, and unsafe flora pursuant to this article. Expenses
allowable for recovery may include, but are not limited to:
(1) Materials and supplies acquired, consumed, and expended specifically for the
purpose of the lot clearing.
(2) Compensation of employees for the time and efforts devoted specifically for the
purpose of the lot clearing.
(3) Rental or leasing of equipment used specifically for the lot clearing, such as
protective equipment or clothing, bulldozers, or backhoes.
(4) Repair costs for equipment owned by the County that is damaged during the
lot clearing.
(5) Replacement costs for equipment owned by the County that is damaged
beyond use or repair, if the equipment was a total loss and the loss occurred
during the lot clearing.
(6) Special technical services specifically required for the lot clearing, such as
costs associated with the time and efforts of technical experts or specialists not
otherwise provided by the County.
(7) Other special services specifically required for the lot clearing.
(8) Medical expenses that may be incurred as a result of the lot clearing.
(9) Legal expenses that may be incurred as a result of the lot clearing, including
efforts to recover expenses pursuant to this article.
(e) Nothing in this section shall be construed to create any liability to the County for
any damages incurred as a cause of action or inaction.
(2020, ord 20-86, sec 2.) 14-152
Section 14-153. Service of notice.
The notice to the property owner required under section 14-152 shall be sent to the
property owner by mailing it to the owner’s last known address and by posting a copy of
the notice upon the lot that requires the clearing.
(2020, ord 20-86, sec 2.) 14-153
SUPP. 9 (1-2021)
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P ARKS AND R ECREATION § 15-68.1
Section 15-68.1. Parks and recreational facility schedule.
PARKS
Hil
Afook-Chinen Civic Auditorium Kaiwiki Park
Kanakea Pond
Aunty Dottie Thompson Hale
Bakers Beach Keikiland Playground
Carlsmith Beach Park Kolekole Gulch Park
Charles “Sparky” Kawamoto Swim
Stadium Kukuihaele Park
Clem Akina Park Kula‘imano Park
East Hawai‘i Cultural Center
Edith Kanakaole Multi-purpose Stadium
Francis F.C. Wong Stadium
Frank M. Santos Park
Gilbert Carvalho Park Lehia Beach Park
Haina Park Leleiwi Beach Park
Hakalau Veterans Park Liholiho Garden
Happiness Gardens Lili‘uokalani Gardens
Hilo Armory Lincoln Park
Hilo Bayfront Beach (1) Dr. Ruth E. Oda Playground
Hilo Bayfront Soccerfields
Hilo Drag Strip Machado Acres Park
Hilo Municipal Golf Course
Hilo P Mohouli Park
Hilo Skeet Range Mokuola Island
Honoka‘a Park Mo‘oheau Park
(1) Lala Epenesa, Jr. Ballfield NAS Swimming Pool
Honoka‘a Rodeo Arena Onekahakaha Beach Park
(1) Rose Andrade Correia Stadium (1) Uncle David K. Calles, Sr.
Honoka‘a Swimming Pool Horseshoe Courts
Honoli‘i Beach Park
Pa‘auilo Park
Ho‘olulu Complex Pana‘ewa Equestrian Center
Hualani Park Pana‘ewa Park
(1) Ronald Futoshi “Harpo” Saiki Pana‘ewa Rainforest Zoo and Gardens
Officials’ Stand
James Kealoha Beach Park
SUPP. 5 (1-2019)
15-23
§ 15-68.1 H AWAI‘I C OUNTY C ODE
PARKS (continued)
(continued)
Pepe‘ekeo Community Center
Waikaumalo Park
Kawananakoa Center Wainaku Gym
Reeds Bay Beach Park Wainaku Playground
Richardson Ocean Park Wai‘olena Beach Park
University Heights Park Waipi‘o Community Park
Waipi‘o Look Out
-Uka Park Wai‘uli Beach Park
(1) -Uka Walter C.K. Victor Baseball Complex
Gym
Kahuku Park
Laurence J. Capellas Ballfield Punalu‘u Black Sand Beach Park
Representative Robert N. Herkes
Community Center Gymnasium and Shelter
Park
Whittington Beach Park
Kohala
Kamakoa Nui Park Spencer Kalani Schutte District Park
Kamehameha Park
(1) Shiro Takata Field (1) Samuel Mahuka Spencer Pavilion
Kapa‘a Beach Park Waikoloa Community Park
Waikoloa Neighborhood Park
Lily Yoshimatsu Senior Center Waimea Church Row Park
Mahukona Beach Park Waimea Park
Mahukona Wharf
North Kohala Senior Center
North Kohala Veterans Field
SUPP. 9 (1-2021)
15-24
P ARKS AND R ECREATION § 15-68.1
PARKS (continued)
Kona
Ali‘i Kai ParkKona Imin Center
Arthur C. Greenwell Park Kona Waena Swimming Pool
Clarence Lum Won Park Ku‘emanu Heiau
La‘aloa Bay Beach Park
Harold H. Higashihara Park Magic Sands Beach Park
Miloli‘i Beach Park
Rodeo Arena
Ho‘okena Beach Park Old Kona Airport Park
Kahalu‘u Beach Park
Kailua Park Sgt. Rodney J. T. Yano Memorial Hall
Kailua Playground Wai‘aha Beach Park
Kekuaokalani Gymnasium William Charles Lunalilo Playground
Kohanaiki Beach Park
Kona Hillcrest Park
Puna
Kurtistown Park
A.J. Watt Gym Mt. View Park
Glenwood Park
Hawaiian Beaches Park (1) Ginny Aste Skate Park
Herbert Shipman Park (2)
(1) Buddy Perry Soccer Field (3) d Facility
Isaac Kepo‘okalani Hale Beach Park Volcano Park
Kahakai Park
Kea‘au Community Center
SUPP. 4 (7-2018)
15-25
§ 15-68.1 H AWAI‘I C OUNTY C ODE
CEMETERIES
‘Alae CemeteryPa‘alaea Cemetery (Honoka‘a)
Veterans Cemetery No. 1
Veterans Cemetery No. 2
Kukuihaele Cemetery
North/South Kohala
Kahei Cemetery
Waimea Cemetery
Kona
West Hawai‘i Veterans Cemetery-Pu‘u
Ho‘omaha O Na Po‘e Koa O Hawai‘i
Komohana
(2000, ord 00-15, sec 2; ord 00-66, sec 2; ord 00-113, secs 1 and 2; am 2002, ord 02-58,
sec 2; am 2003, ord 03-99, sec 2; ord 03-135, sec 2; am 2004, ord 04-79, sec 2; am 2005,
ord 05-40, sec 2; ord 05-96, sec 2; am 2006, ord 06-127, sec 2; ord 06-149, sec 3; am
2007, ord 07-22, sec 4; am 2008, ord 08-7 sec 5; ord 08-22, sec 2; ord 08-35, sec 2; ord
08-121, sec 2; ord 08-142, sec 2; am 2009, ord 09-32, sec 3; am 2010, ord 10-11, sec 3; am
2011, ord 11-90, sec 3; am 2012, ord 12-164, sec 2; am 2014, ord 14-57, sec 2; am 2015,
ord 15-60, sec 4; am 2016, ord 16-111, sec 2; ord 16-112, sec 2; ord. 16-113, sec 4; am
2017, ord 17-61, sec 2; am 2018, ord 18-2, sec 2; ord 18-20, sec 3; ord 18-21, sec 2; ord
18-22, sec 2; ord 18-44, sec 2; ord 18-61, sec 2; ord 18-83, sec 2; am 2019, ord 19-43,
sec 2; am 2020, ord 20-59, sec 2.)15-68.1
SUPP. 9 (1-2021)
15-26
Chapter 17. Plumbing. Repealed.
(Rep 2020, ord 20-61, sec 12.)
Editor’s Note: For present provisions, see chapter 5F.
SUPP. 9 (1-2021)
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THE HAWAI‘I COUNTY CODE
1983 (2016 Edition, as amended)
Update to include: Supplement 9 (1-2021)
Contains ordinances effective through: 12-31-20
A CODIFICATION OF THE GENERAL ORDINANCES
OF THE COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
Office of the County Clerk
County of Hawai‘i
25 Aupuni Street
Hilo, Hawai‘i 96720
(808) 961-8255
Volume Two
CHAPTER 20
INTEGRATED SOLID WASTE MANAGEMENT
Article 1. General Provisions.
Section 20-01-01. Title and purpose.
Section 20-01-02. Severability.
Section 20-01-03. Definitions.
Article 2. Administration and Enforcement.
Division 1. Administration.
Section 20-02-01. Jurisdiction.
Section 20-02-02. Adoption of rules.
Division 2. Enforcement.
Section 20-02-21. General provisions.
Section 20-02-22. Administrative enforcement.
Section 20-02-23. Criminal Enforcement.
Article 3. Disposal Requirements.
Section 20-03-01. Disposal of solid waste.
Section 20-03-02. Permit required for solid waste disposal.
Section 20-03-03. Prohibition; disposition of abandoned or derelict vehicles.
Section 20-03-04. Salvage of solid waste restricted.
Section 20-03-05. Unauthorized persons entering SWD facilities.
Article 4. Solid Waste Fees.
Section 20-04-01. Disposal fees.
Section 20-04-02. Collection of fees.
Section 20-04-03. Solid waste fund designation.
Section 20-04-04. Fee schedule.
Article 5. Polystyrene Foam Food Container and
Food Service Ware Reduction.
Section 20-05-01. Prohibition.
Section 20-05-02. Use of recyclable or compostable food service ware required.
Section 20-05-03. Exemptions.
SUPP. 9 (1-2021)
i
Article 6. Plastic Bag Reduction.
Section 20-06-01. Purpose.
Section 20-06-02. Plastic checkout bags prohibited.
Section 20-06-03. Exemptions.
SUPP. 9 (1-2021)
ii
I NTEGRATED S OLID W ASTE M ANAGEMENT §20-01-01
CHAPTER20
REFUSE
(Rep 2020, ord 20-86, sec 10.)
CHAPTER 20
INTEGRATED SOLID WASTE MANAGEMENT
Article 1. General Provisions.
Section 20-01-01. Title and purpose.
(a) The provisions of this chapter, inclusive of any amendments, shall be known as the
integrated solid waste management code.
(b) Purpose. The purpose of this chapter is to protect the environment through the
management and operation of all solid waste programs and facilities of the County.
(2020, ord 20-86, sec 3.) 20-01-01
Section 20-01-02. Severability.
If any portion of this chapter, or its application to any person or circumstance, shall
be held unconstitutional or invalid because it violates any provision of the County
Charter or for any other reason, the remainder of the chapter and the application of
such portion to other persons or circumstances shall not be affected thereby.
(2020, ord 20-86, sec 3.) 20-01-02
Section 20-01-03. Definitions.
As used in this chapter:
“Abandoned vehicle” means a vehicle that is unlawfully parked and left unattended
for a continuous period of more than twenty-four hours on any public highway, public
property, or private roads that are located within any ungated subdivision, where roads
are open to and used by members of the public.
“Business” means any commercial enterprise or establishment, including sole
proprietorships, joint ventures, partnerships, firms and corporations, or any other legal
entity, and includes any independent contractors associated with the business.
“Commission” means the environmental management commission of the County.
“Compostable” means all materials in the product or package will break down, or
otherwise become part of usable compost (e.g., soil-conditioning material, mulch) in a
municipal or industrial composting facility. Compostable disposable food service ware
includes ASTM-standard paper/fiber and bio-plastics (plastic-like) products that are
clearly labeled either on individual food service ware or packaging for food service ware
so that any compost collector and processor can easily distinguish the ASTM-standard
compostable material from non-ASTM standard compostable material. Required
certification of compostable food service ware shall be done by independent third-party
organization Biodegradable Products Institute or similar ASTM recognized certifier.
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§ 20-01-03 H AWAI‘I C OUNTY C ODE
“County facility” means any building, structure, or vehicle owned and operated by
the County, its agents, agencies, and departments and includes County buildings,
structures, parks, recreation facilities, or property.
“County facility users” means all persons, societies, associations, organizations, or
special event promoters who require a permit to reserve or rent a County facility or a
permit or contract to use a sidewalk or roadway. County facility users also include
concession contracts with the County, County managed concessions, County sponsored
events and food services provided at County expense.
“Customer” means a person obtaining prepared food from a food provider.
“Department” means the department of environmental management.
“Derelict vehicle” means the definition in chapter 290-8, Hawai‘i Revised Statutes.
“Director” means the director of the department of environmental management, or
the director’s authorized representative.
“Disposable food service ware” means disposable food containers that are commonly
disposed of after a single use, that are used, or are intended to be used, to serve or
transport prepared, ready-to-consume food or beverages. This includes, but is not
limited to, cups, bowls, plates, or clamshell containers that are provided by a food
vendor for takeout foods and beverages and/or leftovers from partially consumed meals,
and excludes straws, cup lids, utensils, food-related bags and wrappers, packaging for
unprepared food, and pre-packaged or pre-sealed items such as bread, cookies, milk,
juice, snacks, candy, nuts, fruits, vegetables, or other items typically sold in a grocery
store or a food manufacturer’s retail location.
“Food packaging” means all food-related wrappings, bags, boxes, containers, bowls,
plates, trays, cartons, cups, lids, or drinking utensils, in which food or beverage is
placed or packaged on the food provider’s premises, and which are not intended for
reuse. Food packaging does not include forks, spoons, knives, straws, stirrers, or single-
service condiment packages.
“Food providers” means any vendor, business, organization, nonprofit entity, group,
or individual operating in the County which provides prepared food for public
consumption on or off its premises and includes without limitation any store, shop, sales
outlet, restaurant, grocery store, supermarket, delicatessen, caterer, catering truck or
vehicle; and any organization, group or individual which provides food in conjunction
with services.
“Integrated solid waste management” (ISWM) means environmentally and
economically sound, systematic approach to solid waste handling that combines source
reduction, reuse, recycling, composting, energy recovery, collection, transfer, transport
and disposal in sanitary landfills, or other solid waste disposal and processing facilities
in order to conserve and recover resources and dispose of solid waste in a manner that
protects human health and the environment.
“Materials” means solid waste, recyclables, reusable materials, household
hazardous waste, greenwaste, or similar items managed by SWD.
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I NTEGRATED S OLID W ASTE M ANAGEMENT §20-01-03
“Plastic checkout bag” means a carryout bag that is provided by a business to a
customer for the purpose of transporting groceries or other retail goods, and that is
made from non-compostable or compostable plastic and not specifically designed and
manufactured for multiple re-use.
“Polystyrene foam,” sometimes referred to as “Styrofoam,” a Dow Chemical
Company trademarked product, means a thermoplastic petrochemical material utilizing
the styrene monomer, which may be marked with resin symbol #6, processed by any
number of techniques including, but not limited to fusion of polymer spheres
(expandable bead polystyrene), injection molding, form molding, and extrusion-blow
molding (extruded foam polystyrene). In food service, polystyrene foam is generally
used to make cups, bowls, plates, trays, clamshell containers, meat trays and egg
cartons intended for a single use. Polystyrene foam does not include solid hard
polystyrene.
“Prepared food” means food or beverages, which are served, packaged, cooked,
chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared for
consumption by a retail consumer on the premises of a food provider, including, but not
limited to, beverages, ready to eat, and takeout food. Prepared food does not include
raw: eggs; butchered meats; fish; and/or poultry unless provided for consumption
without further food preparation or heating. For example, sashimi and poke shall be
considered to be prepared food. This also does not include pre-packaged or pre-sealed
items such as breads, cookies, milk, juice, snacks, candy, nuts, fruits, vegetables, or
other items typically sold in a grocery store or a food manufacturer’s retail location.
“Private road” means every way or place in private ownership and used for
vehicular travel by the owner and those having express or implied permission from the
owner, including private roads open to the public.
“Prohibited materials” include, but are not limited to, paint thinner or solvents; oil
based paint; engine oil, antifreeze or lead acid batteries; pesticides, poisons; household
cleaner; contaminated soil; untreated medical waste; propane, compressed gas
cylinders; diesel, gasoline or alcohol; liquids or sludges in containers one gallon or larger
unless mixed with a bulking agent so that it solidifies; and hazardous wastes as defined
in 40 Code of Federal Regulations parts 257, 258 and 261 or the State’s statutes or
rules, whichever is more stringent.
“Public highway” means all roads, highways, alleys, streets, ways, lanes, bikeways,
and bridges open to the use of the public for purposes of vehicular travel that is
acquired or built by the government.
“Public property” means all real property owned by the County, State, or the
Federal government.
“Recyclable” means material that has reached the end of its current use and may be
processed into material utilized in the production of new products.
“Sanitary landfill” means engineered solid waste disposal method in accordance
with State and federal laws which are designed and operated to protect human health
and the environment by establishing requirements with respect to location, operation,
design, ground water monitoring, corrective action, closure and post-closure, and
financial assurance.
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§ 20-01-03 H AWAI‘I C OUNTY C ODE
“Solid waste” means any garbage, refuse, sludge, and other discarded material,
including solid, liquid, semisolid, or contained gaseous material, resulting from
residential habitation; industrial, commercial, mining, and agricultural operations; and
community activities.
“Solid waste management” means planned and organized handling of solid waste
and recyclable materials in an environmentally and economically sound manner,
encompassing the generation, storage, collection, transfer, transportation, processing,
resource recovery, reuse, and disposal of solid waste and recyclable materials and
including all administrative, financial, educational, environmental, legal, planning,
marketing and operational aspects thereof.
“State” means the State of Hawai‘i.
“SWD” means the Solid Waste Division of the Department of Environmental
Management.
“SWD facility” means a County facility for the management of materials the County
is legally permitted to accept pursuant to State law.
(2020, ord 20-86, sec 3.) 20-01-03
Article 2. Administration and Enforcement.
Division 1. Administration.
Section 20-02-01. Jurisdiction.
Unless otherwise provided for by law, the department shall have jurisdiction over
and administer all matters covered by this chapter.
(2020, ord 20-86, sec 3.) 20-02-01
Section 20-02-02. Adoption of rules.
The department may adopt rules pursuant to chapter 91, Hawai‘i Revised Statutes,
necessary for the purposes of this chapter.
(2020, ord 20-86, sec 3.) 20-02-02
Division 2. Enforcement.
Section 20-02-21. General provisions.
Failure to comply with any provision of this chapter, or any rule adopted pursuant
to this chapter, or with conditions imposed as part of any permit issued pursuant to this
chapter, shall constitute a violation of this chapter.
(2020, ord 20-86, sec 3.) 20-02-21
Section 20-02-22. Administrative enforcement.
(a) If the director determines that any person has violated or is violating any provision
of this chapter or department rules, the director shall serve a notice of violation and
order upon the parties responsible for the violation, which shall include the
following:
(1) Date of the notice;
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(2) Name and address of the person noticed;
(3) Section number of the code or rule which has been violated;
(4) Date, time, location, and nature of the violation;
(5) Deadline to correct the violation;
(6) To pay a civil fine not to exceed $1,000 in the manner, place and deadline
specified in the order;
(7) To pay a civil fine not to exceed $1,000 per day for each day in which the
violation persists, in the manner, time, place and deadline specified in the
order;
(8) Any other consequence as determined by the director, including but not
limited to, suspension or revocation of a permit; and
(9) The order shall advise the party responsible for the violation that the order
shall become final thirty calendar days after the date of its delivery. The order
shall also advise that the party responsible may request a meeting with the
director prior to the end of the thirty calendar days and that the director’s
final written decision may be appealed to the commission within fifteen
calendar days from the date of the director’s final written decision.
(b) Service. Proper service of such notice of violation and order shall be by personal
service, registered mail, or certified mail upon the responsible party or parties,
provided, that if such notice of violation and order is by registered mail or certified
mail, the designated period within which the responsible party or parties is
required to comply with the order shall begin as of the date the responsible party or
parties in charge receives such notice.
(c) Effect of Order; Right to Appeal. The provisions of the order issued by the director
under this section shall become final thirty calendar days after the date of the
delivery of the order, unless appealed. The party or parties responsible for the
violation may request a meeting with the director, prior to the end of the thirty
calendar days. Any final written decision by the director may be appealed to the
commission within fifteen days from the date of the final written decision.
However, an appeal to the commission shall not stay any provision of the order.
(d) Judicial Enforcement of Order. The director may institute a civil action in any
court of competent jurisdiction for the enforcement of any notice of violation and
order issued pursuant to this section, including seeking a temporary, preliminary,
or permanent injunction. Where a civil action has been instituted to enforce the
civil fine imposed by an order, the director need only show that the notice of
violation and order was served, that a civil fine was imposed, the amount of the
civil fine imposed, and that the fine imposed has not been appealed in a timely
manner nor paid.
(2020, ord 20-86, sec 3.) 20-02-22
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§ 20-02-23 H AWAI‘I C OUNTY C ODE
Section 20-02-23. Criminal Enforcement.
Any person convicted of violating any of the provisions of this chapter shall be
guilty of a petty misdemeanor and shall be punished by a fine not to exceed $1,000
and/or imprisonment up to thirty days and shall be adjudged to pay all costs of the
proceedings. The continuance of any such violation after conviction shall be deemed a
new offense for each day of such continuance.
(2020, ord 20-86, sec 3.) 20-02-23
Article 3. Disposal Requirements.
Section 20-03-01. Disposal of solid waste.
Every owner or occupant of any residence or business or premises within the
County shall dispose of solid waste in a County approved SWD facility in accordance
with department rules.
(2020, ord 20-86, sec 3.) 20-03-01
Section 20-03-02. Permit required for solid waste disposal.
(a) Every business, government agency, religious entity or nonprofit organization shall
first obtain a disposal permit issued by the director and make payment of the
permit fee as required before disposing of solid waste at any SWD facility.
(b) An application for a disposal permit shall be submitted to the director on a form
furnished by the department.
(c) The director may suspend or revoke a disposal permit, in accordance with
department rules, for the following reasons:
(1) Failure to pay any disposal charges or special handling fees when due.
(2) Failure to comply with the provisions of this chapter.
(3) Failure to comply with disposal procedures and/or conditions established by
the department.
(2020, ord 20-86, sec 3.) 20-03-02
Section 20-03-03. Prohibition; disposition of abandoned or derelict vehicles.
(a) No person shall leave, abandon, or place any wrecked or nonoperational automobile
or construction equipment or part or portion of a wrecked or nonoperational
automobile or construction equipment, or scrap iron, or other similar material,
upon any part of a public highway, public property, or private property of another.
(b) The department shall take into custody and dispose of abandoned or derelict
vehicles in accordance with chapter 290, Hawai‘i Revised Statutes.
(c) The removal of abandoned or derelict vehicles shall be subject to the following:
(1) The department shall only remove abandoned or derelict vehicles that are
located on or within ten feet from the edge of any public or private road;
(2) The department shall not remove abandoned or derelict vehicles from any
area, if the director determines that the area is unsafe for a tow truck to
traverse; and
(3) All decisions to tow shall be subject to the discretion of the director.
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(d) The director shall develop and implement a public outreach program to educate
residents, community associations, road corporations, tow companies, and the
public about the disposition of abandoned or derelict vehicles including the
procedures for reporting abandoned or derelict vehicles.
(e) The department shall adopt rules regarding the disposition of abandoned or derelict
vehicles, that are in accord with chapter 290, Hawai‘i Revised Statutes.
(2020, ord 20-86, sec 3.) 20-03-03
Section 20-03-04. Salvage of solid waste restricted.
Any material delivered or deposited at a SWD facility shall become the property of
the County. No person shall separate, collect, carry off, or dispose any article from any
County SWD facility unless authorized to do so by the director.
(2020, ord 20-86, sec 3.) 20-03-04
Section 20-03-05. Unauthorized persons entering SWD facilities.
Any unauthorized person entering into a SWD facility during nonworking hours or
for purposes other than that permitted in this chapter shall be considered to be a
trespasser and shall be subject to the penalties of this chapter.
(2020, ord 20-86, sec 3.) 20-03-05
Article 4. Solid Waste Fees.
Section 20-04-01. Disposal fees.
(a) Any solid waste, except for prohibited materials, disposed of by a business,
government agency, religious entity, nonprofit organization or private citizen to a
SWD facility shall be charged at rates as set forth in department rules.
(b) The mayor, with the approval of the council, may temporarily rescind the solid
waste disposal fees for a specified period.
(c) The mayor may waive solid waste disposal fees when it is in the best interest of the
County. Fees may be waived for one-time events for community organizations,
nonprofit organizations, or private property owners who are remediating illegal
dump sites which were not of their creation. The mayor will give notice to the
council when tip fees are waived.
(2020, ord 20-86, sec 3.) 20-04-01
Section 20-04-02. Collection of fees.
(a) All disposal fees shall be collected by the department and due at the time of
disposal, unless a net thirty account has been established with the department.
(b) A finance charge shall be charged to all net thirty accounts on all balances which
are past due. In addition to this, access to County SWD facilities may be denied
until the account is current.
(2020, ord 20-86, sec 3.) 20-04-02
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§ 20-04-03 H AWAI‘I C OUNTY C ODE
Section 20-04-03. Solid waste fund designation.
(a) There is hereby created and established a special fund to be known as the “Solid
Waste Fund.”
(b) All funds received from the collection of fees authorized by this chapter shall be
deposited with the director of finance and shall be accounted for and expended for
the purpose of operating, maintaining, and administering the County’s solid waste
management, collection, and disposal systems.
(2020, ord 20-86, sec 3.) 20-04-03
Section 20-04-04. Fee schedule.
Fees for management of materials entering into a SWD facility and any State solid
waste surcharge shall be established by the department pursuant to department rules.
(2020, ord 20-86, sec 3.) 20-04-04
Article 5. Polystyrene Foam Food Container and
Food Service Ware Reduction.
Section 20-05-01. Prohibition.
Food providers and County facility users are prohibited from providing food in
disposable food service ware that is made from polystyrene foam.
(2020, ord 20-86, sec 3.) 20-05-01
Section 20-05-02. Use of recyclable or compostable food service ware
required.
(a) All food vendors using any disposable food service ware shall use a suitable
recyclable or compostable product.
(b) All County facility users shall use a suitable recyclable or compostable product for
disposable food service ware.
(2020, ord 20-86, sec 3.) 20-05-02
Section 20-05-03. Exemptions.
(a) The following are exempt from the provisions of this article:
(1) Foods packaged outside the limits of the County of Hawai‘i;
(2) Coolers and ice chests that are intended for reuse; and
(3) Food packaging for raw: meat; poultry; seafood; and eggs that have not been
further processed.
(b) County facility users and food vendors.
(1) The director may exempt a food vendor or County facility user from the
provisions of this article, in a situation where compliance with the terms of
this article would result in undue hardship. The exemption shall be in place
for a period of time not to exceed one hundred eighty days.
(2) Undue hardship includes, but is not limited to, situations unique to the food
vendor or County facility user that generally do not apply to other persons in
similar circumstances.
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(3) Food vendors and County facility users seeking an exemption from the
requirements of this article shall provide all required information on an
application for exemption, including but not limited to, documentation
supporting the applicant’s claim that compliance with this article will result in
undue hardship.
(4) The director may approve or deny an exemption request in whole or in part.
Applicants may appeal the director’s decision to the commission.
(5) All exemptions shall be promptly posted on the County website for the
department of environmental management as a notice of temporary
exemption.
(c) Emergency supplies or services procurement.
The mayor may exempt County facility users and food vendors from the provisions
of this article, in a situation deemed by the mayor to be an emergency that
necessitates such exemption in order to preserve the public peace, health, and
safety. The exemption shall be in place until the mayor determines that the
emergency situation has ceased and the exemption is no longer needed to preserve
the public peace, health, and safety.
(2020, ord 20-86, sec 3.) 20-05-03
Article 6. Plastic Bag Reduction.
Section 20-06-01. Purpose.
The purpose of this article is to reduce the use of plastic bags and to encourage the
use of environmentally preferable alternatives, such as reusable cloth or paper bags.
(2020, ord 20-86, sec 3.) 20-06-01
Section 20-06-02. Plastic checkout bags prohibited.
Businesses shall not provide plastic checkout bags to their customers.
(2020, ord 20-86, sec 3.) 20-06-02
Section 20-06-03. Exemptions.
Organizations classified under Section 501(c)(3) of the United States Internal
Revenue Code are exempt from the provisions of this article.
(2020, ord 20-86, sec 3.) 20-06-03
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Z ONING § 25-1-1
CHAPTER 25
ZONING
Article 1. General Provisions.
Section 25-1-1. Title.
The provisions of this chapter, inclusive of any amendments, shall be known as the
zoning code.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-1-1
Section 25-1-2. Scope, purposes and applicability.
(a) This chapter shall be applied and administered within the framework of the
general plan which is a long-range, comprehensive, general plan prepared to guide
the overall future development of the County.
(b) For the purpose of promoting health, safety, morals, or the general welfare of the
County, this chapter regulates and restricts the height, size of buildings, and other
structures, the percentage of a building site that may be occupied, off-street
parking, setbacks, size of yards, courts, and other open spaces, the density of
population, and the location and use of buildings, structures, and land for trade,
industry, residence, or other purposes. Should any conflict between this chapter
and other parts of the Code exist, this chapter shall prevail.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-1-2
Section 25-1-3. Severability.
If any portion of this chapter, or its application to any person or circumstance, shall
be held unconstitutional or invalid because it violates any provision of the County
Charter or for any other reason, the remainder of the chapter and the application of
such portion to other persons or circumstances shall not be affected thereby.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-1-3
Section 25-1-4. Adoption of rules.
The director and the commission may, as appropriate, each adopt rules, in
accordance with chapter 91, Hawai‘i Revised Statutes, for the purpose of implementing
the provisions of this chapter.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-1-4
25-1
§ 25-1-5 H AWAI‘I C OUNTY C ODE
Section 25-1-5. Definitions.
(a) Building construction and development terms that are not defined in this chapter
shall be given their respective definitions as found in the County construction code,
including chapters 5 and 5A through 5F.
(b) The following words and phrases, unless the context otherwise requires, are defined
as follows:
“Accessory building” means a building, no more than twenty feet in height,
detached from and subordinate to a main building or main use on the same building site
and used for the purposes customarily incidental to those of the main building or use.
“Accessory use” means a use which is customarily associated with and subordinate
to the main or principal use and which is located on the same building site as the main
or principal use.
“Adult day care home” means a private residence, approved by the state, providing
supportive and protective care, without overnight accommodations, to a limited number
of adult disabled or aged persons. The term shall not include day care centers for
elderly, disabled and aged persons as defined by chapter 346, part IV, Hawai‘i Revised
Statutes, as amended.
“Agricultural activities” means income producing activities or uses as characterized
by the cultivation of crops, including but not limited to flowers, vegetables, foliage,
fruits, forage, and timber; and farming or ranching activities or uses related to animal
husbandry, aquaculture, or game and fish propagation.
“Agricultural products processing, major” means activities involving a variety of
operations on crops or livestock which may generate dust, noise, odors, pollutants or
visual impacts that could adversely affect adjacent properties. These uses include, but
are not limited to, slaughterhouses, mills, refineries, canneries and milk processing
plants.
“Agricultural products processing, minor” means activities used for crop production,
which are not regulated as major agricultural products processing and which involve a
variety of operations on crops after harvest to prepare them for market, or further
processing and packaging at a distance from the agricultural area. Included activities
are cleaning, milling, pulping, drying, roasting, hulling, storing, packing, honey
processing, poi-making, selling and other similar activities. Also included are the
facilities or buildings related to such activities.
“Agricultural tourism” means visitor-related commercial activities or periodic
special events designed to promote agricultural activities conducted on a working farm,
ranch, or agricultural products processing facility.
“Alley” means a narrow street through a block primarily for access by service
vehicles to the back or side of properties fronting on another street.
“Amusement and recreation facility, indoor” means an establishment providing
indoor amusement or recreation. Typical uses include: martial arts studios; billiard and
pool halls; electronic and coin-operated game rooms; bowling alleys; skating rinks;
health and fitness establishments; indoor tennis, handball and racquetball courts;
auditoriums; theaters; and indoor archery and shooting ranges.
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Z ONING § 25-1-5
“Pedestrian way” means a public right-of-way through a block between lots for
pedestrian traffic, which may also be used as a utility easement and which has a
maximum width of twenty feet.
“Personal services establishment” means an establishment which offers specialized
goods and services purchased frequently by the consumer. Included are barbershops,
beauty shops, massage facilities, chiropractic clinics, garment repair, laundry cleaning,
pressing, dyeing, tailoring, shoe repair and other similar establishments.
“Piggery” means any parcel or premises where five or more weaned hogs are
maintained.
“Plan approval” means the review and approval of plans for new structures and
additions to existing structures, and certain uses in specified zoning districts in order to
assure that the intent and purpose of this chapter are carried out.
“Plan lines for future streets” means lines established on the zoning map for the
purpose of future street construction and establishing the front property line of the
affected building site. The area within these lines shall be deemed to be the street right-
of-way, and cannot be considered in computing the minimum yard required on any
building site.
“Primary airport” means a publicly owned airport that has more than 10,000
passenger boardings each calendar year, as defined by the Federal Aviation
Administration (FAA). Standard accessory uses for Primary Airports include, but are
not limited to, retail establishments for shopping including duty-free shops, dining
establishments that may be consolidated in food courts, automobile rentals, service
businesses, offices, conference centers and hotels. The accessory uses must be located
on publicly owned lands and support airport operations.
“Public use,” “public building” and “public structure” mean a use conducted by or a
structure or building owned or managed by the federal government, the State of Hawai‘i
or the County to fulfill a governmental function, activity or service for public benefit and
in accordance with public policy. Excluded are uses which are not purely a function,
activity or service of government and structures leased by government to private
entrepreneurs or to nonprofit organizations.
“Reachable” means being able to:
(1) Respond via telephone to a request from a guest, neighbor, or County agency
within one hour of receiving that request; and
(2) Be physically present at the short-term vacation rental within three hours of
receiving a call from a guest, neighbor, or County agency, when that guest,
neighbor, or County agency requests the presence of the reachable person.
“Recycling center” means an establishment on a building site, with or without
buildings, upon which used materials are separated and processed for shipment for
eventual reuse in new products. A recycling collection point or an area which serves
only as a drop-off point for temporary storage of recyclables shall not be considered a
recycling center.
“Rentable unit” means a separate room or rooms for sleeping accommodations let,
rented, or leased as a unit by the room or suite, except that in the case of sleeping
accommodations let or rented by the bed, a rentable unit shall be two beds.
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§ 25-1-5 H AWAI‘I C OUNTY C ODE
“Repair establishment, major” means an establishment which primarily provides
restoration, reconstruction and general mending and repair services, and which
includes any repair activities which are likely to have some impact on the environment
and adjacent land uses by virtue of their appearance, noise, size, traffic generation or
operational characteristics. Major repair establishments include, but are not limited to:
(A) Blacksmith.
(B) Boat cleaning and repair.
(C) Electrical, gasoline and diesel motor repair and rebuilding.
(D) Furniture repair.
(E) Industrial machinery and heavy equipment repair.
(F) Vehicular repair, including repair of body and fender, and straightening of
frame and body parts.
“Repair establishment, minor” means an establishment which primarily provides
restoration, reconstruction and general mending and repair services, and which
includes those repair activities which have little or no impact on surrounding land uses
and can be compatibly located with other businesses. Minor repair establishments
include, but are not limited to:
(A) Automobile repair, including auto painting and motorized bicycle repair,
provided all repair work is performed within an enclosed structure and does
not include repair of body and fender, and straightening of frame and body
parts.
(B) Eyeglasses, hearing aids and prosthetic devices, production and repair.
(C) Furniture upholstery.
(D) Garment repair.
(E) General repair shop.
(F) Non-motorized bicycle repair.
(G) Radio, television and other household appliance and equipment repair, except
for those appliances with gasoline engines.
(H) Shoe repair.
(I) Watch, clock and jewelry repair.
“Resort area” means an area with facilities to accommodate the needs and desires
primarily of visitors, tourists and transient guests.
“Restaurant” means an establishment which is regularly and in a bona fide manner
used and kept open for the serving of meals to patrons for compensation and which has
suitable kitchen facilities connected with the establishment, containing the necessary
equipment and supplies for cooking an assortment of foods which may be required for
ordinary meals. Additionally, at least thirty percent of the establishment’s gross
revenue must derive from the sale of foods.
“Retail establishment” means an establishment which sells commodities or goods to
the consumer and may include display rooms and incidental manufacturing of goods for
retail sale on premises only. Typical retail establishments include convenience stores,
grocery and specialty food stores, general department stores, drug and pharmaceutical
stores, hardware stores, pet shops, appliance and apparel stores, tour, travel and ticket
agencies and other similar retail activities. The term does not include open storage
SUPP. 9 (1-2021)
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Z ONING § 25-1-5
yards for new or used building materials, yards for scrap, salvage operations for storage
or display of automobile parts, service stations, repair garages or veterinary clinics and
hospitals.
“School” means a place for teaching, demonstration, learning, or organized group
instruction. Unless otherwise qualified, “school” means a place for primarily academic
instruction equivalent to what is commonly known as pre-school, kindergarten,
elementary school, intermediate school, high school, trade or vocational school, business
school, college or a combination of any of them.
“Self-storage facility” means a structure or structures, containing individual locker
compartments which allow individuals access to store possessions in these
compartments. Each locker or storage area is self-contained and can be secured.
“Short-term vacation rental” means a dwelling unit of which the owner or operator
does not reside on the building site, that has no more than five bedrooms for rent on the
building site, and is rented for a period of thirty consecutive days or less. This
definition does not include the short-term use of an owner’s primary residence as
defined under section 121 of the Internal Revenue Code.
“Single-family dwelling” means a building containing only one dwelling unit.
“Street” means a right-of-way for vehicle purposes and pedestrian traffic, and the
placement of utilities, or a private right-of-way for vehicular purposes, which provides
access to building sites.
“Street frontage” means that portion of a building site that has a common line with
a street right-of-way line. The street frontage is designated as the front property line.
“Structure” means anything above existing grade constructed or erected with a
fixed location on the ground, or requiring a fixed location on the ground, or attached to
something having or requiring a fixed location on the ground. The term “structure”
includes the term “building.”
“Surveyor” means a person duly registered as a professional land surveyor in the
State.
“Telecommunications antenna” means an antenna, tower and other accessory
structures for radio frequency (RF) transmissions intended for specific users who must
have special equipment for transmission and/or reception. Also included are
broadcasting facilities regulated by the Federal Communication Commission (FCC)
under the Code of Federal Regulations, par. 74, which includes low power television.
Included are land-mobile or two-way radio, and one-way radio paging service
broadcasting. Also included are independent receiving facilities which do not qualify as
accessory uses. Not included are portable, hand held and vehicular transceivers or
radios; industrial, scientific and medical equipment operating at frequencies designated
for that purpose by the Federal Communications Commission (FCC); marketed
consumer products, such as microwave ovens, citizens band radios, ham radios and
remote control toys; and facilities for the receiving of these transmissions, including
individual radio and television appliances.
“Theater” means a facility which is used primarily for the performing arts or for the
viewing of motion picture films. Included are performing arts centers, concert halls and
other types of live theaters.
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§ 25-1-5 H AWAI‘I C OUNTY C ODE
“Time share unit” means any multiple-family dwelling unit or hotel, which is
owned, occupied or possessed, under an ownership and/or use agreement among various
persons for less than a sixty-day period in any year for any occupant, and is regulated
under the provisions of chapter 514E, Hawai‘i Revised Statutes, as amended.
“University” means a nationally-accredited institution of higher learning, whether
classified as a “university” or a “college” and whether public or private, including
community colleges, providing facilities for teaching, research and group learning and
authorized to grant academic degrees.
“Use” means the purpose to which land or any structure or improvement thereon or
both are or may be put. The word “use” is synonymous with terms “land use” and “use of
land” unless the context clearly indicates otherwise.
“Warehousing” means the storage of raw materials, finished products, merchandise
and/or other goods, within a building for subsequent delivery, transfer and/or pickup.
“Wholesaling and distribution” means the sale and/or distribution of manufactured
and/or processed products, merchandise or other goods in large quantities for
subsequent resale to retail establishments, and/or industrial, institutional and
commercial users.
“Yard” means an open space on the same building site with a building, which open
space lies between the building and the bounding lot lines, and is unoccupied and
unobstructed from the ground upward except for landscaping and except for fences,
walls, architectural features, pools, porte cocheres, cornices, canopies, roof overhangs,
eaves, porches, balconies, terraces, fire escapes, stairs, ramps and other similar features
authorized under article 4, division 4 of this chapter, and includes:
(A) “Front yard” which is a yard lying between the street line on which the
building site fronts or the future width line or the plan line for future street
and a line parallel thereto which runs through the point of the building
nearest to said street line, future width line or plan line. The depth of said
yard is the distance between the parallel lines.
(B) “Rear yard” which is a yard lying between the rear lot line and a line parallel
thereto extended to intersect the side lot lines, which line runs through the
point of a main building nearest the rear lot line. The depth of said yard is the
distance between the parallel lines.
(C) “Side yard” which is a yard lying between the front yard, the rear yard, the
side lot line and a line parallel thereto which runs through the point of the
building nearest to said lot line. The width of said yard is the distance between
the parallel lines.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2000, ord 00-152, sec 1; am 2002, ord
02-70, sec 2; am 2007, ord 07-55, sec 1; ord 07-104, sec 2; am 2008, ord 08-155, sec 2; am
2009, ord 09-118, sec 17; am 2012, ord 12-28, sec 2; am 2018, ord 18-114, sec 3; am 2020,
ord 20-61, sec 9; ord 20-94, sec 2.)25-1-5
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Z ONING § 25-2-1
Article 2. Administration and Enforcement.
Division 1. General Administration.
Section 25-2-1. Duties of county officers.
(a) The building official shall enforce any provisions of this chapter relative to building
construction and occupancy.
(b) The director shall enforce all other provisions of this chapter pertaining to land use.
(c) All law enforcement officers of the County shall enforce all the provisions of this
chapter.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-2-1
Section 25-2-2. Issuance of permits or licenses in conformance with chapter.
All departments, officials, and public employees authorized to issue permits or
licenses shall conform to the provisions of this chapter and no permit or license for any
use, building, or other purpose shall be issued where the license or permit would be in
conflict with the provisions of this chapter. Any permit or license, if issued in conflict
with the provisions of this chapter, shall be void.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-2-2
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Z ONING § 25-4-7
(6) Only breakfast meals may be offered to guests. The serving of breakfast meals
on the building site, for a fee to individuals other than registered guests shall
be prohibited. A bed and breakfast establishment shall not operate as a food
service establishment (i.e. a restaurant), unless such use is a permitted use
within the zoning district and the required permits have been acquired.
(7) One paved (with materials such as bricks, concrete, asphalt concrete surface or
chip-seal, pavers, stones) off-street parking stall shall be provided for each
guest bedroom, in addition to the required stall(s) for the dwelling unit, except
that in the RS, RA, FA and A districts paved parking stalls shall not be
required as long as the material used for the parking stalls will eliminate
erosion, mud and standing water within the parking stall area.
(8) Exterior signage which advertises the dwelling as a bed and breakfast
establishment shall comply with the requirements for residential signage as
set forth in chapter 3 (advertising and signs), Hawai‘i County Code.
(c) Any bed and breakfast establishment which has not received the required permits
shall be considered illegal under this chapter, unless otherwise noted herein.
(d) Any bed and breakfast establishment existing as of the effective date of this section
and conforming to the standards contained in section 25-4-7(b) which has not
received the permits required under section 25-4-7(a) may continue such use for
twelve months following the effective date of this section. After this date, continued
use without having submitted the necessary permit applications shall be considered
illegal under this chapter.
(e) The conditions contained in any use permit issued for a bed and breakfast
establishment prior to the adoption of this section shall continue to apply to the bed
and breakfast establishment, notwithstanding provisions to the contrary contained
in this section.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2000, ord 00-152, sec 3; am 2012, ord
12-124, sec 5.)25-4-7
Section 25-4-8. Temporary real estate offices and model homes.
(a) Temporary real estate offices for new developments shall be permitted in all
districts except for the A, IA and O districts, and model homes for new
developments shall be permitted in all districts except for the A, IA, MCX, ML, MG
and O districts, provided that final subdivision approval of the development has
been granted by the director and plan approval for any temporary real estate office
and/or model home is secured from the director prior to the establishment of
such use.
(b) A temporary real estate office and model home shall also be subject to the following
conditions:
(1) The development in which the temporary real estate office and/or model home
is proposed to be situated must consist of six or more lots and/or units.
(2) The temporary real estate office and/or model home shall not be used for a
period longer than twenty-four months from the date of plan approval by the
director; provided that extensions may be granted by the director.
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§ 25-4-8 H AWAI‘I C OUNTY C ODE
(3) If the temporary real estate office is established in a structure not otherwise
permitted in the particular zoning district, the structure shall be removed co-
terminus with the expiration of the temporary real estate office use.
(4) The temporary real estate office and/or model home shall be used exclusively
for marketing of lots and/or units located within the development in which it is
to be located. In multi-phased developments, a temporary real estate office or
model home may be allowed for each development phase for a period not to
exceed twenty-four months. Time extensions may be granted by the director.
(5) Parking for the temporary real estate office use shall be based on a minimum
of one parking stall for each employee and a minimum of one parking stall for
each four hundred square feet of gross floor area. The parking requirement
may be satisfied off-site, provided that approval is secured from the director.
(6) The temporary real estate office and/or model home shall comply with the
minimum setback and height requirements of the particular zoning district.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-8
Section 25-4-9. Guest houses.
One guest house may only be established on a building site that is at least seven
thousand five hundred square feet in area. A guest house shall not exceed five hundred
square feet in gross floor area, shall not be more than twenty feet in height, and shall
not have a kitchen.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-9
Section 25-4-10. Mobile dwellings.
All mobile dwellings shall conform to the County construction code, including
chapters 5 and 5A through 5F, and the Public Health Housing Code (chapter 2 of the
State public health regulations), except:
(1) When parked in a licensed mobile home park; or
(2) When occupied for dwelling or sleeping purposes outside of a licensed mobile
home park for less than thirty days in any one location.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2020, ord 20-61, sec 10.)25-4-10
Section 25-4-11. Power lines, utility substations, public buildings.
(a) Communication, transmission, and power lines of public and private utilities and
governmental agencies are permitted uses within any district.
(b) Any substation used by a public or private utility for the purpose of furnishing
telephone, gas, electricity, water, sewer, radio, or television shall be a permitted use
in any district provided that the use is not hazardous or dangerous to the
surrounding area and the director has issued plan approval for such use.
(c) Public uses, structures and buildings and community buildings are permitted uses
in any district, provided that the director has issued plan approval for such use.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2006, ord 06-86, sec 2.)25-4-11
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Z ONING § 25-4-59.1
Section 25-4-59.1. Director determination of parking and loading
requirements.
(a) The director may increase any of the requirements in this chapter for parking
spaces and loading spaces, after reviewing the proposed use and the use’s impact to
the immediate area, if the director makes a finding that the increase will further
the public safety, convenience, and welfare.
(b) In case there is any doubt as to the requirements for parking or loading spaces for
any use not specifically mentioned, or for any other reason, the director shall make
such determination.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-59.1
Section 25-4-59.2. Exceptions to the off-street parking and loading
requirements.
The off-street parking and loading requirements of this chapter shall not apply to
the following:
(a) Non-residential uses located within that area in the City of Hilo, bounded by
Kino‘ole Street, Ponahawai Street, and an imaginary straight line extension of
Ponahawai Street into Hilo Bay and Wailuku River.
(b) Dwelling units with a maximum density of one thousand square feet of land area
per unit or less, within that area in the City of Hilo, bounded by Kino‘ole Street,
Ponahawai Street, and an imaginary straight line extension of Ponahawai Street
into Hilo Bay and Wailuku River.
(c) That area immediately fronting either side of that portion of the Hawai‘i Belt
Highway which runs from the real property designated as tax map key no: 7-9-7-66
to the real property designated as tax map key no: 7-9-9:22, in Kainaliu, North
Kona.
(d) Those lots in the PVD district having a total area of less than seven thousand five
Office Road and th
Road; provided that any lot created through parcel consolidation does not result in
a lot having a total area of seven thousand five hundred square feet or more, or a
parcel consolidation and resubdivision that results in the creation of additional
building sites after May 28, 2015 shall provide off-street parking in accordance with
the requirements of this chapter.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2013, ord 13-95, sec 2; am 2015,
ord 15-44, sec 3.)25-4-59.2
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§ 25-4-59.3 H AWAI‘I C OUNTY C ODE
Section 25-4-59.3. Landscaping and screening for parking lots and loading
spaces.
(a) To provide shade in open parking lots and minimize visibility of paved surfaces,
parking lots with more than twelve parking stalls shall provide one canopy form
tree with a minimum of two-inch caliper for every twelve parking stalls or major
fraction thereof and having a planting area or tree well no less than thirty square
feet in area. If wheel stops are provided, continuous planting areas with low
groundcover centered at the corner of parking stalls may be located within the
three-foot overhang space of parking stalls. Hedges and other landscape elements,
including planter boxes over six inches in height, are not permitted within the
overhang space of the parking stalls. Trees shall be sited so as to evenly distribute
shade throughout the parking lot.
(b) Parking lots of five or more spaces shall be screened from adjoining lots in RS, RD,
RM, RCX or RA districts by walls, continuous screening hedges, or earth berms a
minimum off forty-two inches high on the abutting property line.
(c) All loading spaces shall be screened from adjoining lots in RS, RD, RM, RCX or RA
districts by a wall six feet in height.
(d) Xeriscape and native Hawaiian plant species shall be encouraged.
(e) All landscaping shall be maintained by the property owner.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-59.3
Division 6. Nonconforming Uses and Buildings.
Section 25-4-60. Nonconforming buildings; maintenance and repair.
(a) Any nonconforming building, except as otherwise regulated, may be repaired,
maintained, or enlarged provided that any enlargement or addition shall conform
in every respect to the regulations for the district in which it is located, except as
provided in this division.
(b) If the portion of the building that is nonconforming should be destroyed it may only
be rebuilt in compliance with all of the requirements of the County construction
code, including chapters 5 and 5A through 5F for reconstruction and repair of
nonconforming buildings.
(1996, ord 96-160, sec 2; ratified April 6, 1999.; am 2002, ord 02-89, sec 1; am 2020,
25-4-60
ord 20-61, sec 11.)
Section 25-4-61. Continuance of nonconforming uses of land and buildings.
(a) Any nonconforming use of land or use of a building may continue to the extent it
existed on December 7, 1996 or at the time of the adoption of any amendments to
this chapter, provided that a nonconforming use may be enlarged within the
building it occupies, but shall not be enlarged or increased to occupy a greater area
of land, nor shall it or the portion of the building housing it be moved in whole or in
part to any other portion of the building site occupied by such nonconforming use,
except as provided in this division.
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Z ONING §25-5-142
(19) Commercial parking lots and garages.
(20) Community buildings, as permitted under section 25-4-11.
(21) Contractors’ yards for equipment, material, and vehicle storage, repair, or
maintenance.
(22) Crematoriums, funeral homes, funeral services, and mortuaries.
(23) Day care centers.
(24) Financial institutions.
(25) Food manufacturing and processing facilities.
(26) Greenhouses, plant nurseries.
(27) Heavy equipment sales, service and rental.
(28) Home improvement centers.
(29) Junkyards, provided that the building site is not less than one acre in area.
(30) Laboratories, medical and research.
(31) Laundries.
(32) Lumberyards and building material yards, but not including concrete or
asphalt mixing and the fabrication by riveting or welding of steel building
frames.
(33) Manufacturing, processing and packaging establishments, light.
(34) Motion picture and television production studios.
(35) Photographic processing.
(36) Plumbing, electrical, air conditioning and heating establishments.
(37) Primary airports, provided that plan approval is secured from the director.
(38) Public uses and structures, as permitted under section 25-4-11.
(39) Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating
shops.
(40) Recycling centers, which do not involve the processing of recyclable materials.
(41) Repair establishments, minor.
(42) Restaurants.
(43) Self storage facilities.
(44) Storage and sale of seed, feed, fertilizer and other products essential to
agricultural production.
(45) Telecommunication antennas, as permitted under section 25-4-12.
(46) Temporary real estate offices, as permitted under section 25-4-8.
(47) Transportation and tour terminals.
(48) Truck, freight and draying terminals.
(49) Utility facilities, public and private, including offices or yards for equipment,
material, vehicle storage, repair or maintenance.
(50) Utility substations, as permitted under section 25-4-11.
(51) Veterinary establishments.
(52) Vocational schools.
(53) Warehousing, which does not include retail sales or discount houses or
establishments open to the general public or defined members.
(54) Wholesaling and distribution, including the storage of incidental materials
and equipment, except for highly flammable or explosive products.
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§ 25-5-142 H AWAI‘I C OUNTY C ODE
(b) In addition to those uses permitted under subsection (a) above, the following uses
may be permitted in the ML district, provided that a use permit is issued for each
use:
(1) Major outdoor amusement and recreation facilities.
(2) Schools.
(3) Yacht harbors and boating facilities.
(c) The following uses may be permitted in the ML district as incidental and
subordinate to any permitted use:
(1) Living quarters for watchmen or custodians in connection with the operation
of any permitted use.
(2) Retail sales.
(3) Services for persons working in an ML district which are conducted within an
integral part of a main structure with entrances from the interior of the
building and which have no display or advertising visible from the street.
(d) Buildings and uses normally considered directly accessory to the uses permitted in
this section shall also be permitted in the ML district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2011, ord 11-26, sec 4; am 2012, ord
12-28, sec 16; am 2019, ord 19-100, sec 8; am 2020, ord 20-94, sec 3.)25-5-142
Section 25-5-143. Height limit.
The height limit in the ML district shall be forty-five feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-143
Section 25-5-144. Minimum building site area.
The minimum building site area in the ML district shall be ten thousand square
feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-144
Section 25-5-145. Minimum building site average width.
Each building site in the ML district shall have a minimum building site average
width of seventy-five feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-145
Section 25-5-146. Minimum yards.
Minimum yards in the ML district shall be as follows:
(1) Front yard, fifteen feet; and
(2) Side and rear yards, none, except where the adjoining building site is in an
RS, RD, RM or RCX district. Where the side or rear property line adjoins the
side or rear yard of a building site in an RS, RD, RM or RCX district, there
shall be a side or rear yard which conforms to the side or rear yard
requirements for dwelling use of the adjoining district.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-146
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Z ONING §25-5-147
Section 25-5-147. Other regulations.
(a) All front yards in the ML district shall be landscaped, except for drives and
walkways.
(b) Where any required side or rear yard in the ML district adjoins a building site in an
RS, RD, RM or RCX district, the side or rear yard shall be landscaped with a
screening hedge not less than forty-two inches in height, along the side or rear
property lines so adjoining, except for necessary drives and walkways.
(c) Plan approval shall be required for all new structures and additions to existing
structures in the ML district.
(d) Exceptions to the regulations for the ML district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4.)25-5-147
Division 15. MG, General Industrial Districts.
Section 25-5-150. Purpose and applicability.
The MG (general industrial) district applies to areas for uses that are generally
considered to be offensive or have some element of danger.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-150
Section 25-5-151. Designation of MG districts.
Each MG (general industrial) district shall be designated by the symbol “MG”
followed by a number which indicates the minimum land area, in number of thousands
of square feet, required for each building site, or if the number is followed by the symbol
“a,” by the minimum number of acres required for each building site.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-151
Section 25-5-152. Permitted uses.
(a) The following uses shall be permitted in the MG district:
(1) Agricultural products processing, major and minor.
(2) Airfields, heliports and private landing strips.
(3) Amusement and recreation facilities, indoor.
(4) Animal hospitals.
(5) Animal quarantine stations.
(6) Animal sales, stock, and feed yards.
(7) Aquaculture activities and facilities.
(8) Automobile and truck storage facilities.
(9) Automobile body and fender establishments.
(10) Automobile service stations.
(11) Bakeries.
(12) Bars.
(13) Breweries, distilleries, and alcohol manufacturing facilities.
(14) Broadcasting stations.
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§ 25-5-152 H AWAI‘I C OUNTY C ODE
(15) Bulk storage of flammable products and bulk storage of explosive products.
(16) Car washing.
(17) Catering establishments.
(18) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(19) Churches, temples and synagogues.
(20) Cleaning and dyeing plants.
(21) Commercial parking lots and garages.
(22) Community buildings, as permitted under section 25-4-11.
(23) Concrete or asphalt batching and mixing plants and yards.
(24) Contractors’ yards for equipment, material, and vehicle storage, repair, or
maintenance.
(25) Crematoriums, funeral homes, funeral services, and mortuaries.
(26) Day care centers.
(27) Dumping, disposal, incineration, or reduction of refuse or waste matter.
(28) Expansion of an existing commercial excavation operation, provided that plan
approval is secured from the director.
(29) Fabricating establishments.
(30) Fertilizer manufacturing plants.
(31) Financial institutions.
(32) Food manufacturing and processing facilities.
(33) Freight movers.
(34) Greenhouses, plant nurseries.
(35) Heavy equipment sales, service and rental.
(36) Home improvement centers.
(37) Junkyards.
(38) Kennels.
(39) Laboratories, medical and research.
(40) Laundries.
(41) Lava rock or stone cutting or shaping facilities.
(42) Lumberyards and building material yards.
(43) Machine, welding, sheet metal, and metal plating and treating establishments.
(44) Manufacturing, processing and packaging establishments, light and general.
(45) Marine railways, drydocks, and ship or boat yards.
(46) Motion picture and television production studios.
(47) Photographic processing.
(48) Primary airports, provided that plan approval is secured from the director.
(49) Public dumps.
(50) Public uses and structures, as permitted under section 25-4-11.
(51) Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating
shops.
(52) Recycling centers.
(53) Reduction, refining, smelting, or alloying of metals, petroleum products or
ores.
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Z ONING §25-5-152
(54) Repair establishments, major and minor.
(55) Restaurants.
(56) Saw mills.
(57) Self storage facilities.
(58) Slaughterhouses.
(59) Storage and sale of seed, feed, fertilizer and other products essential to
agricultural production.
(60) Storage, curing, or tanning of raw, green, or salted hides or skins.
(61) Telecommunication antennas, as permitted under section 25-4-12.
(62) Temporary real estate offices, as permitted under section 25-4-8.
(63) Transportation and tour terminals.
(64) Truck, freight and draying terminals.
(65) Utility facilities, public and private, including power plants, offices or yards for
equipment, material, vehicle storage, repair or maintenance.
(66) Utility substations, as permitted under section 25-4-11.
(67) Veterinary establishments.
(68) Warehousing.
(69) Wholesaling and distribution, including the storage of incidental materials and
equipment.
(70) Yacht harbors and boating facilities.
(b) In addition to those uses permitted under subsection (a) above, the following uses
may be permitted in the MG district, provided that a use permit is issued for each
use:
(1) Commercial excavation.
(2) Major outdoor amusement and recreation facilities.
(3) Schools.
(c) Any other use not otherwise permitted in subsection (a) that relates to the
manufacturing, transportation, processing, assembling, distributing, repairing, and
storage of goods, products, or materials, shall be permitted in the MG district.
(d) The following uses shall be permitted in the MG district as incidental and
subordinate to any permitted use:
(1) Living quarters for watchmen or custodians in connection with the operation
of any permitted use.
(2) Retail sales.
(3) Services for persons working in an MG district which are conducted within an
integral part of a main structure with entrances from the interior of the
building and which have no display or advertising visible from the street.
(e) Buildings and uses normally considered directly accessory to the uses permitted in
this section shall also be permitted in the MG district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-68, sec 2; am 2011, ord
11-26, sec 5; am 2012, ord 12-28, sec 17; am 2019, ord 19-100, sec 9; am 2020, ord 20-94,
sec 4.)25-5-152
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§ 25-5-153 H AWAI‘I C OUNTY C ODE
Section 25-5-153. Height limit.
The height limit in the MG district shall be fifty feet. An industrial structure may
be built to a height of one hundred feet, provided the extra height is determined by the
director to be functionally necessary.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-153
Section 25-5-154. Minimum building site area.
The minimum lot area in the MG district shall be twenty thousand square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-154
Section 25-5-155. Minimum building site average width.
Each building site in the MG district shall have a minimum building site average
width of one hundred feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-155
Section 25-5-156. Minimum yards.
The minimum yards in the MG district shall be as follows:
(1) Front yard, twenty feet; and
(2) Side and rear yards, none, except where the adjoining building site is in an
RS, RD, RM or RCX district. Where the side or rear property line adjoins the
side or rear yard of a building site in an RS, RD, RM or RCX district, there
shall be a side or rear yard which conforms to the side or rear yard
requirements for dwelling use of the adjoining district.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-156
Section 25-5-157. Other regulations.
(a) All front yards in the MG district shall be landscaped, except for drives and
walkways.
(b) Where any required side or rear yard in the MG district adjoins a building site in
an RS, RD, RM or RCX district, a solid wall six feet in height shall be erected and
maintained along the side and rear property lines so adjoining.
(c) Plan approval shall be required for all new structures and additions to existing
structures in the MG district.
(d) Exceptions to the regulations for the MG district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development.
25-5-157
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4.)
25-120
North Kona § 25-8-3
1975 C.C.
that
that
2003)2007)
201a
--
--
2002)
30
1998)2006)-
2a2a2a
-1020
--
--1919-
--
162,
91)-56)-
8)105)64)160,
-
10
--
----
1717-
--
FinalZoning MCXRMRSFAFAMCXRSFA
1a
-
5a5a5a5a1a5a
------
OriginalZoning(Amends Ord. 98Effective Date 2PD(Amends Ord. 06Effective Date 7AAAAML(Amends Ord. 03amended Ord. 91(Effective Date 12A(Amends Ord. 02(Effective Date 5(Amends Ord. 07amended
Ord. 97(Effective Date 10A
102
-
06:038005:001005:001010:101017:042006:022007:047051:065008:005 (Portion)004:018005:030028:082 003:Por 033
-------------
4228547366339
-------------
TMK of ParcelAffected 7777777777777
(Mauka),
i
Kona
, North Kona
, North Kona
, North Kona
, North Kona
General Location HonoKau, North KonaKau, North KonaKeauhou, North KonaKahului 2ndKapalaalaea 2ndKaloko, North KonaNorth KonaKalaoa 4th, NorthKalaoa 4th, North KonaMaihi 2nd
2009 10 12 2013
----
20092009200912
----
1010111113
4430--13--14-16
------
231238161
-------
EffectiveDate 9111112291216512510
103131132159027711401557615640101
-------------
Ord.No.09090909101010111112121313
-
Paragraph(240)(241)(242)(243)(244)(245)(246)(247)(248)(249)(250)(251)(252)
25A-25
North Kona § 25-8-3
1975 C.C.
)
)9
2004)12)0
)
---
049, that
2005)1999)2004)1999)19
-9
-----0
103a and
1a1a
20
5
--
-12-
143
-
---
118, and
74)3656)110)42)156 that1
1815271025
-
-------
-----2
010, and
9
FinalZoning CVFAFARARS
1
-
64)
-
rd. 90
: 1) Ord. 09
036 and 2) Ord.049)
--
3.5
7.5 and
-
050, that amended Ord.138, O
-
--
1a20a5a
---
Amends Ord. 04Amends Ord. 0
OriginalZoning A(Amends Ord. 05(Effective Date 5A(Amends Ord. 99(Effective Date 3((Effective Date 5(Amends Ord. 04(Effective Date 10(Amends Ord. 99(Effective Date 4(Amendsamended Ord.
95Ord. 920906Ord. 86(Effective Date 4A(Amends Ord. 12Amended 02(Effective Date 12RSRM((Effective Date
54
23:64
-
5
-
Parcel
)
013:017009:067: Por 0004:012004:033020:071 and 072008:013 & 030003: Por. of 1010: Por. of 13 005:112005:030008:120 and 008:124010:101
-------------
6534542533778
-------------
TMK of Affected 77777777(Formerly 7and 06777777
rth Kona
tion
a 2nd, North Kona
a 5th, North Kona
oma, 1st, North Kona
O
General Loca Auhaukeae 1st, North KonaKalaoKealakehe Homesteads, North KonaPuapuaKaupulehu, North KonaHienaloli 4th and 5th, North KonaKalaoa 4th, NoKeauhou, North Kona
0
2015201519191919202
--------
20152016201618
----5
2022520250721281
---------
232318
---9
EffectiveDate 31112581202040505050
5
35104116468611512385157416
------------
0
Ord.No.15151516161819191919202
-
))
4
6
2
Paragraph(253)(254)(255)(256)(257)(258)(259)(260)(261)(262(263)(
SUPP. 9 (1-2021)
25A-26
City of Hilo § 25-8-33
.C.
1975 C
)
)
5
0
07)
07)97)06)10)
.
-----
20
202
09
10107
-
--
-
-
--
26)13)107)64)105)90A
20201718142
SG
------
------
FinalZoning RSCNCGRSRC
Date 8
5
tive
.
0
1
ginal
151010-1
----
3a
-MS
Amends Ord. 97
OriZoning(Amends Ord. 07(Effective Date 3((Effective Date 2RSRSRS(Amends Ord. 06(Effective Date 7(Amends Ord. 10(Effective Date 6(Amends Ord. 07(EffecA(Amends Ord. 09(Effective Date
9RR
-
4
-
98
00
1, 57, 68,
01200
::
81
22
037:001,044:019, and049:053
39:3
057:029: Por. 030 023:012021:059034:086024:003080:013050:043
034:00
----
----------
3332
4242224242
----
----------
TMK of ParcelAffected 2& Por. 031(Formerly 2057:001)22222 2222and 69 2222
,
d
n
2
s
t
HiloHilo
o
l
e
s
u
o
H
Hilo
General Location South HiloSouth HiloSouth HiloSouth HiloSouth
e
00
1919191919191919191922
------------
22
2025252508252121181700
------------
99
EffectivDate 0203030304040508091200
734
1726228343958909211366
------------
00
Ord.No.1919191919191919191922
-
))))
45
33
429)44
Paragraph(424)(425)(426(427)(428)((430(431)(432)(433)((
SUPP. 9 (1-2021)
25A-127
City of Hilo § 25-8-33
.C.
1975 C
)
10
)
-
19
18
-
-
FinalZoning
3
10
Date
tive
ginal
OriZoning(Amends Ord. (Effec
037:019
-
3
-
TMK of ParcelAffected 2
General Location
e
20
-
9
2
-
EffectivDate 09
71
-
Ord.No.20
-
)
6
43
Paragraph(
SUPP. 9 (1-2021)
25A-128
THE HAWAI‘I COUNTY CODE
1983 (2016 Edition, as amended)
Update to include: Supplement 9 (1-2021)
Contains ordinances effective through: 12-31-20
A CODIFICATION OF THE GENERAL ORDINANCES
OF THE COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
Office of the County Clerk
County of Hawai‘i
25 Aupuni Street
Hilo, Hawai‘i 96720
(808) 961-8255
Volume Three
The Index is being revised
and is temporarily unavailable.
SUPP. 9 (1-2021)
I-1
This page intentionally left blank.
2021
,, ,,
A
26A,28A61A8619A61A10A61R61C61C61C
-----------
2020
2020202020202020202020
,,
75A105A112A
29A
----
2019
19191919
,,
25A32A,34A74A
2018
----
18181818
A
42A56
2017
--
17 17
2016
LEGISLATIVE HISTORY TABLE
65A,95A,97A,103A46A
2015
----
-
15151515 15
ode chapter affected.
C
ode
C
ode
by the
C
Signs
TITLE
General
Animals
Building
chapter
Provisions
CHAPTER
dministrative
Construction
Building
AElectrical Code
Administration
the chapter
are listed
123455
5A
5D
= Amended or repealed section(s) of the chapter, or added new section(s)= Repealed and replaced chapter in its entirety= Created new
= Repealed
NO.
ARCX
rdinances
CHAPTER
O Abbreviations:
T-1
SUPP. 9 (1-2021)
2021
,
61C61C61R7A59A86A
------
2020
202020202020
43A
-
2019
19
61A
2018
-
18
55A
2017
-
17
75A,107A,114A
2016
-
--
161616
11A,51A,70A
2015
--
-
151515
Code
Land
Minors
TITLE Energy
Control
Housing
Electricity
Businesses
CHAPTER
Erosion and
Dedication of
Conservation
Civil Defense
Improvements
Sedimentation
Plumbing Code
by Assessments
General Welfare
6789
1011121314
5F
5E
NO.
CHAPTER
SUPP. 9 (1-2021)
T-2
2021
R,
59A61R39A86
----
2020
C
20202020
,
,
43A95A
3A85A21A
-----
2019
1919 191919
,,,,
,,
2A20A,21A,22A44A56A61A83A78A88A5A82A12A
2018
-------------
181818181818181818 181818 18
,
A
5457A,61A66A41A63A
2017
-----
-
17171717 1717
,
,
5A
111A,112A113A77A9108A
2016
----
--
161616161616
52A,60A114A19A
2015
---
-
1515 15 15
Taxes
Waste
Public
Sewers
TITLE
ecreation
Planning
Plumbing
Parks and
R
CHAPTER
Subdivisions
Management
Real Property
County Streets
Transportation
Integrated Solid
151617181920212223
NO.
CHAPTER
T-3
SUPP. 9 (1-2021)
2021
,
46A,47A3A,61A94A
-----
2020
2020202020
42A
41A,100A
---
2019
191919
,,,
,
4A19A37A,38A,39A45A92A114A,
2018
--------
1818181818181818
,,,
10A,11A27A,28A51A,52A60A31A
2017
-------
-
1717171717171717
,,
1A,6A,25A,51A,52A,53A,63A,64A,74A78A,83A104A98A
2016
-----------
--
161616161616161616161616 16
3A,4A,5A,6A,7A,8A,14A,20A,21A,22A,28A,89A,90A,91A,92A,107A,108A,112A33A,44A,45A
2015
--------------
-------
5
15151515151515151515151515151515151515115
s
TrafficTraffic
Zoning
TITLE
Schedule
CHAPTER
Vehicles and
242425
NO.
HAPTER
C
SUPP. 9 (1-2021)
T-4
2021
,
21A,25A,34A,41A,63A,64A65A,71A
--------
2020
2020202020202020
4A,12A,16A,17A,26A,27A,28A,34A,38A,39A,51A,57A,58A,67A,88A,90A,92A,
1A,113A
----
---------------
2019
1919191919
1919191919191919191919191919
,
1A31A,75A,95A,96A,97A15A25A
2018
--------
1818181818181818
6A,7A,8A,9A,14A,16A,24A,32A,50A,65A,70A,74A56A
2017
---------
----
171717171717171717171717 17
82A,84A,85A,86A,87A,99A
10A,16A,18A,34A,45A,46A,48A,49A,50A,79A,80A,81A,107A
2016
------------------
-
16161616161616161616161616161616161616
1A,2A,34A,35A,37A,41A,50A,72A,96A,104A,105A,106A,116A,117A,118A
2015
-------------
--
5
15151515151515151515151515115
Fire
TITLE
CHAPTER
Flood Control
Zoning Annex
252627
NO.
CHAPTER
T-5 SUPP. 9 (1-2021)
2021
2020
2019
98A
2018
-
18
2017
2016
2015
s
nts
Special
TITLE
District
ProgramDistrictsDistrictsDistrict
Business
Facilities
Boundary
Procedures
CHAPTER Community
Agreeme
Amendment
Financing by Redistricting
DevelopmentDevelopment
Public Access
Improvement Improvement
Tax Increment
Water Use and
State Land Use
Enterprise Zone
282930313233343536
NO.
CHAPTER
SUPP. 9 (1-2021)
T-6
ORD. EFFECTIVE CODE
DESCRIPTION
NO.DATESECTION
20-49 06-17-20 Operating budget --
20-50 06-17-20 Operating budget --
20-51 06-17-20 Operating budget --
20-52 06-26-20 Operating budget --
20-53 06-30-20 Operating budget --
20-54 06-30-20 Operating budget --
20-55 06-30-20 Operating budget --
20-56 06-30-20 Operating budget --
20-57 06-30-20 Operating budget --
20-58 07-15-20 Operating budget --
20-59 08-05-20 Names park at Waimea, South Kohala, 14-1, 15-68.1
“Spencer Kalani Schutte District Park”
and prohibits intoxicating liquors at
this park
20-60 01-01-21 Native Forest Dedications 19-59
20-61 08-17-20 Establishes a County Construction 2-39, 3-14, 3-15,
Code relating to building construction 25-1-5, 25-4-10,
and related systems within a building 25-4-60,
under construction. Repeals Chapters
5, 9, 17, & Adds
New Chapters 5,
5A, 5D, 5E, 5F
20-62 08-17-20 Operating budget --
20-63 09-02-20 City of Hilo Zone Map ZA
20-64 09-02-20 City of Hilo Zone Map ZA
20-65 09-15-20 North Kona Zone Map ZA
20-66 09-15-20 Operating budget --
20-67 09-15-20 Operating budget --
20-68 09-21-20 General Obligation Bonds - Refunding --
Certain Outstanding General
Obligation Bonds and Notes
20-69 09-22-20 Operating budget --
20-70 09-22-20 Operating budget --
20-71 09-29-20 City of Hilo Zone Map ZA
20-72 09-29-20 Operating budget --
20-73 09-29-20 Operating budget --
20-74 10-20-20 Operating budget --
20-75 10-20-20 Capital improvements budget --
20-76 10-30-20 Operating budget --
20-77 11-04-20 Capital improvements budget --
20-78 11-04-20 Operating budget --
20-79 01-20-21 Fiscal impact statements2-12.7
SUPP. 9 (1-2021)
T-27
ORD. EFFECTIVE CODE
DESCRIPTION
NO.DATESECTION
20-80 11-23-20 Operating budget --
20-81 11-23-20 Operating budget --
20-82 11-23-20 Operating budget --
20-83 11-23-20 Operating budget --
20-84 11-23-20 Capital improvements budget --
20-85 11-23-20 Operating budget --
20-86 11-23-20 Management of Solid Waste2-198, 2-201 to
2-205.
Chapter 14:
repeals Article 20
and adds new
Articles 24 and
25.
Repeals existing
Chapter 20 and
creates new
Chapter 20.
20-87 11-23-20 Operating budget --
20-88 11-23-20 Operating budget --
20-89 11-23-20 Operating budget --
20-90 11-23-20 Operating budget --
20-91 11-23-20 Operating budget --
20-92 11-23-20 Operating budget --
20-93 11-23-20 Operating budget --
20-94 12-01-20 Relating to primary airports25-1-5, 25-5-142,
25-5-152
20-95 12-01-20 Operating budget --
20-96 12-01-20 Capital improvements budget --
SUPP. 9 (1-2021)
T-28