HomeMy WebLinkAboutCOM 0989.005 2018-2020From the office of -
Council Member
District 3 — Hilo and Puna
SUSAN L.K. LEE LOY
25 Aupuni Street, Hilo, Hawaii 96720
TO: Aaron S.Y. Chung, Chair
and Members of the Hawaii County Council
FROM: Sue Lee Loy, Council
DATE: July 14, 2020
Office: (808) 961-8396
Fax: (808) 961-8912
Email.• size.leeloy@hawaiicoitnty.gov
SUBJECT: Proposed Amendments to Sections 5-3-1 and 5-3-22 of Bill No. 179;
An Ordinance Establishing a County Construction Code Relating to Building
Construction and Related Systems Within a Building Under Construction by
Amending the Hawaii County Code 1983 (2016 Edition, as Amended), as
follows:
1) Adopting New Chapters 5 (Construction Administrative Code), 5A
Building Code), 5D (Electrical Code), 5E (Energy Conservation Code), and
5F (Plumbing Code); -
2) Amending Chapter 2, Section 2-39; Chapter 3, Sections 3-14 and 3-15; and
Chapter 25, Sections 25-1-5, 25-4-10, and 25-4-60; and
3) Repealing Chapters 5 (Building Code), 9 (Electrical Code), and 17
Plumbing Code).
Please see below proposed amendments to sections 5-3-1 and 5-3722 of Bill No. 179. These
amendments relate to air conditioning systems and exemptions to the permit requirement for
building work relating to repairs. These amendments are illustrated below in Ramseyer
format with respect to the contents of Bill No. 179. Material to be deleted is bracketed and
stricken; new material is underscored.
1. The first amendment would add a new paragraph (8) to subsection (b) of section 5-3-1
Permit required; generally). As amended, subsection (b) would read as follows:
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.
Comm. No. q3qt S
Ref. To:
Ref: Date,
3) Retaining walls.
Erection, construction, enlargement, alteration, repair, moving, conversion, or
demolition ofretaining 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.
Replacement of photovoltaic equipment and components (i.e. panels, inverters) in
the same location and of the same type.
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 ofpanels
from roofto ground or vice versa.
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, Hawaii County
Code.
Air conditioning_ systems. Installation, removal, alteration, repair, or conversion
of any heating, ventilation, or air conditioningsstem."
2. The second amendment would amend subsection (a) of section 5-3-22 (Building work;
exempt) by adding a new paragraph (1)(N) and amending paragraph (4). As amended,
subsection (a) would read as follows:
a) A permit shall not be required for any ofthe following building work, provided no
electrical work or plumbing work is proposed:
1) Installation and/or construction of:
A) Awnings projecting up to four feet and attached to the exterior walls of
buildings of Group R-3 or U Occupancy; provided that the awnings do not
violate the provisions for "yards" in chapter 25 (zoning), Hawaii County
Code; or
B) Cabinets or wall mounted shelving not affecting fire resistance or structural
members of walls for R-3 Occupancy and individual units ofR-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
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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
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, Hawaii 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 oftemporary 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
4;000] $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
4,000] $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
5) Replacement of solar water heating components (i.e. panels, tanks) in the same
location and of the same type; or
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6) Agricultural buildings, structures, and appurtenances exempt from building permit
and building code requirements pursuant to section 46-88, Hawaii Revised
Statutes; or
7) Work located primarily in a public way, public utility towers, bridges, poles,
mechanical equipment not specifically regulated in the construction code, and
hydraulic flood control structures; or
8) Work performed under the jurisdiction or control of the:
A) State department of transportation at state harbors, pursuant to
section 266-2, Hawaii Revised Statutes; or
B) State department of accounting and general services."
Due to the extensive length of bill 179 and the limited scope of these proposed amendments, a
copy of the revised draft of this bill that would result if these proposed amendments are adopted
is not attached.
SL/lc
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