HomeMy WebLinkAboutCOM 0281.023 2020-2022If 0
Susan L.K. Lee Loy Office: (808)961-8396iJr
808CouncilMemberFax: )965-8912
is Email: sue.leeloleeloy@hawaiicounty.gov3Y tJ'.Sov
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HAWAII COUNTY COUNCIL
25 Aupuni Street,Hilo,Hawaii 96720
MEMORANDUM
DATE: August 2, 2021
TO: Maile Medeiros David, Council Chair; and
Members ofthe Hawaii County Council
FROM: Susan L.K. Lee Loy, Council Me
SUBJECT: Proposed Amendments to Bill No. 44; an Ordinance Amending the Hawaii
County Code 1983 (2016 Edition, As Amended), Relating to the County
Construction Code by:
1) Adopting New Chapters 5B (Residential Building Code) and 5C
Existing Building Code);
2) Amending Chapter 5 (Construction Administration Code): Sections 5-1-
2, 5-1-3, 5-1-5, 5-2-2, 5-2-3, 5-2-4, 5-4-21, 5-8-4, and 5-10-1;
3) Amending Chapter 5A(Building Code): Sections 5A-1-3, 5A-1-6, 5A-3-
21, 5A-3-22, and 5A-3-27;
4) Amending Chapter 5D (Electrical Code): Sections 5D-1-3, and 5D-1-6;
5) Amending Chapter 5E (Energy Conservation Code): Section 5E-1-6; and
6) Amending Chapter 5F (Plumbing Code): Section 5F-1-6.
Please see below proposed amendments to Bill No. 44. These proposed amendments are
illustrated in Ramseyer format with respect to the contents of Bill No. 44; material to be
deleted is bracketed and stricken and new material is underscored. If these proposals
are adopted, draft language that would incorporate these changes into Bill No. 44 is
attached.
1. In SECTION 1 of Bill No. 44 that amends Section 58-2-1 (International Residential
Code adopted), on page 5 of the bill, Subsection (a) would be amended as follows:
a) The "International Residential Code for One- and Two-family Dwellings, 2018
Edition," as published in 2017 by the International Code Council, Incorporated,
500 New Jersey Avenue, 6th Floor, Washington, DC 20001, is adopted by reference
and made a part of this code, subject to any amendments set forth in this chapter.
Hereinafter, the "International Residential Code for One- and Two-family
Dwellings, 2018 Edition," shall be referred to as the "International Residential
Code." The appendices of the International Residential Code are not adopted
unless otherwise provided in this chapter.
Hawai'i County Is an Equal Opportunity Provider And Employer Ref. TO: IPMA U
Ref.
Susan L.K.Lee Loy,Council Member
August 2,2621
Page 2 of6
1) The following appendices of the International Residential Code are adopted
by reference and made a part of this [elftpter] code, subject to any
amendments set forth in [administrative f„inn nr-] this chapter:
A) Appendix H, Patio Covers;
B) Appendix M, Nome Day Care —R-3 Occupancy; and
C) Appendix Q, Tiny Houses.
2) The following appendix is added to the International Residential Code and
made a part of this [elftpter] code, subject to any amendments set forth in
dmin str t;«„ rules or] this chapter: Appendix U, Factory-built Housing.”
2. In SECTION 1 of Bill No. 44 that amends Paragraph 58-2-1(d)(4), (Section 8202,
Definitions" of the IRC), on page 7 of the bill, the definition of"Building" would be
amended as follows:
BUILDING. 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 andlor requires, the definitions of"building"
as used in the following chapters of the Hawaii County Code: 5A, the building code; 513,
the residential building code; 5C, the existing building code; 5D, the electrical code; 5E,
the energy conservation code; and 5F, the plumbing code; are incorporated by reference
herein."
3. In SECTION 1 of Bill No. 44 that amends Section 58-3-2 (Appendices of the
International Residential Code adopted), on page 39 of the bill, Section 58-3-2 would be
amended as follows:
SECTION 58-3-2. Appendices of the International Residential Code adopted.
The following appendices of the International Residential Code are [h-&r ]
adopted [and;,,,,erpor„t„a] by reference [herei ] and made a part of this code, subject to
the] any amendments [hereinafter] set forth in this article:
1) Appendix H, Patio Covers;
2) Appendix M, Home Day Care —R-3 Occupancy; and
3) Appendix Q, Tiny Houses."
4. In SECTION 2 of Bill No. 44 that amends Paragraph 5C-2-1(d)(4), (GENERAL
DEFINITIONS), on page 53 of the bill, the definition of`Building" would be amended as
follows:
BUILDING. 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
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Susan L.K. Lee Loy,Council Member
August 2,2021
Page 3 of 6
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."
5. In SECTION 1 ofBill No. 44 that amends Section 513-3-3 (Appendix Q; Tiny Houses), on
page 43 ofthe bill,the titles of the following paragraphs and section would be corrected by
replacing the "Y"in their titles with"AQ": paragraphs Y105.2.4 (Ships ladders); Y105.3
Loft guards); Y105.4 (Loft smoke alarms); Y105.5 (Loft location); SECTION Y106
EMERGENCY ESCAPE AND RESCUE OPENINGS); and Y106.1 (General). As
amended,the titles of these paragraphs and SECTION would read as follows:
4] AQ105.2.4 Ships ladders."
Y-05-4] A 105.3 Loft guards."
3I-0&4] A 105.4 Loft smoke alarms."
4054] A 105.5 Loft location."
SECTION [34"] A 106
EMERGENCY ESCAPE AND RESCUE OPENINGS"
T"] A 106.1 General."
6. In SECTION 11 of Bill No. 44 that amends Section 5-4-21, on page 63 of the bill, Subsection
c) would be amended as follows:
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 I4awai`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] label as required by
Appendix U of chapter 5B, the residential 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."
Thank you for your attention to this matter.
SLL:lc
Att.
Susan L.K. Lee Loy, Council Member
August 2,2021
Page 4 of 6
ATTACHMENT
Incorporates the provisions of this floor amendment into
the affected provisions of Bill No. 44.
1. In SECTION 1 of Bill No. 44 that adds Section 513-2-1, on page 5 of the bill, Subsection
a) would be amended to read as follows:
a) The "International Residential Code for One- and Two-family Dwellings 2018
Edition." as published in 2017 by the International Code Council, Incorporated
500 New Jersey Avenue, 6th Floor, Washington DC 20001 is adopted by reference
and made a part of this code, subject to any amendments set forth in this chapter
hereinafter, the "International Residential Code for One- and Two-family
Dwellings, 2018 Edition," shall be referred to as the "International Residential
Code." The appendices of the International Residential Code are not adopted
unless otherwise provided in this chapter."
1) The following appendices of the International Residential Code are adapted
by reference and made a part of this code, subject to any amendments set
forth in this chapter:
Appendix H, Patio Covers;
B)Appendix M, Home Day Care—R-3 Occupancy' and
C)Appendix Q, Tiny Rouses.
2) The following appendix is added to the International Residential Code and
made a part of this code, subject to any amendments set forth in this chapter:
Appendix U, Factory-built Housing,"
2. In SECTION 1 of Bill No. 44 that amends Paragraph 513-2-1(d)(4), (Section R202,
Definitions" ofthe IRC), on page 7 ofthe bill,the definition of`Building"would be
amended to read as follows:
BUILDING. [nny one r two fa,.,4 dwellinger-per-tion ti r ineluding
townh-91US-P-Q, 111-sed OF ifitended to be used for human habitatieii, for living,
the definitien appn'eableinC a-ptef 11,,—see-SecionrN1101.6: Any Structure used or
intended for supportin,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 andlor requires the definitions of"building"
as used in the followiny chapters of the Hawaii County Code: 5A the building code,• 5B
the residential building code; 5C, the existing building code,• 51) the electrical code; 5E
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Susan L.K.Lee Loy, Council Member
August 2,2021
Page 5 of 6
the enemy conservation code; and 5F, the plumbing code: are incorporated by reference
herein."
3. In SECTION 1 of Bill No. 44 that amends Section 5B-3-2 (Appendices of the
International Residential Code adopted), on page 39 of the bill, Section 513-3-2 would be
amended to read as follows:
SECTION 5B-3-2. Appendices of the International Residential Code adopted.
The following appendices of the International Residential Code are adopted by
reference and made a part of this code, subject to any amendments set forth in this
article:
1) Appendix H, Patio Covers;
2)Appendix M, Home Day Care —R-3 Occupancy and
3) Appendix Q, Tiny Houses."
4. In SECTION 2 of Bill No. 44 that amends Paragraph 5C-2-1(d)(4), (GENERAL
DEFINITIONS), on page 53 of the bill, the definition of"Building" would be amended to
read as follows:
BUILDING. Any structure [ lined] 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."
5. In SECTION 1 of Bill No. 44 that amends Section 513-3-3 (Appendix Q; Tiny Houses), on
page 43 of the bill, the following paragraphs would be amended to read as follows:
AQ105.2.4 Ships ladders. Ships ladders accessing lofts 200
square feet or less shall comply with Sections R311.7.12.1 and
R311.7.12.2. The clear width at and below the handrails shall be
not less than 20 inches (508 mm.
AQ105.3 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.
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Susan L.K.Lee Loy, Council Member
August 2,2021
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AQ105.4 Loft smoke alarms. Lofts shall be equipped with a
minimum of one photoelectric-type smoke alarm complying with
Section R314.
AQ105.5 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.
SECTION A 106
EMERGENCY ESCAPE.AND RESCUE OPENINGS
AQ106.1 General. Tiny houses shall meet the requirements of
Section 8310 for emergencv eseape 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 eyress
roof access window complies with the minimum opening area
requirements of Section 8310.2.1."
6. In SECTION 1 I of Bill No. 44 that amends Section 5-4-21, on page 63 of the bill, Subsection
c)would be amended to read as follows:
c) Application for model plan pre-approval.
1) To apply for pre-approval of a model plan, three sets of complete working
drawings and specifications that bear the wet seal and signature of a person
who is licensed in the State of Hawaii as an architect or professional
structural engineer shall be submitted to the authority having jurisdiction.
2) Factory-built homes shall include a manufacturer's [-S, 1] label as required by
Appendix [L] U of chapter [5A-, the i ttil ing ee4e] 5B, the residential 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."