HomeMy WebLinkAboutSupplement 11SUPPLEMENT 11 (1-2022)
Insertion Guide
Hawaii County Code 1983 (2016 Edition)
Volumes 1 - 3
(Covering general ordinances effective through 12-31-21 and
numbered through 21-92)
This supplement consists of reprinted pages replacing existing pages in
the Hawaii 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 Paaes Insert Paaes
VOLUME 1
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Table Of Contents
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Chapter 2 Administration
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Chapter 5D Electrical Code
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Chapter 5E Energy Conservation Code
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Chapter 5F Plumbing Code
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5F-1 — 5F-14 5F-1 — 5F-14
Chapter 14 General Welfare
14-1 — 14-6 14-1 — 14-6
Chapter 15 Parks and Recreation
15-19 — 15-20 15-19 — 15-20
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25A-127 — 25A-128
VOLUME 2
Table Of Contents
Chapter 19 Real Property Taxes
Chapter 23 Subdivisions
Chapter 25 Zoning
Chapter 25 Zoning Annexes
Continued on next page.
Vol. 2 Cover Page
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19-35 — 19-40
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25-127 — 25-128
25A-127 — 25A-128
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T-1 — T-6
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VOLUME 3
Table Of Contents
Legislative History
Supplement Insert Guide
Vol. 3 Cover Page
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Supp. 11 Insertion
Guide
n
THE HAWAI`I COUNTY CODE
1983 (2016 Edition, as amended)
Update to include: Supplement 11 (1-2022)
Contains ordinances effective through: 12-31-2021
A CODIFICATION OF THE GENERAL ORDINANCES
OF THE COUNTY OF HAWAI`I
STATE OF HAWAI`I
Office of the County Clerk
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
(808) 961-8255
Volume One
TABLE OF CONTENTS
VOLUME 1
Chapter 1
General Provisions
Chapter 2
Administration
Chapter 3
Signs
Chapter 4
Animals
Chapter 5
Construction Administrative Code
Chapter 5A
Building Code
Chapter 5B
Residential Building Code
Chapter 5C
Existing Building Code
Chapter 5D
Electrical Code
Chapter 5E
Energy Conservation Code
Chapter 5F
Plumbing Code
Chapter 6
Businesses
Chapter 7
Civil Defense
Chapter 8
Dedication of Land
Chapter 9
Reserved
Chapter 10
Erosion and Sedimentation Control
Chapter 11
Housing
Chapter 12
Improvements by Assessments
Chapter 13
Minors
Chapter 14
General Welfare
Chapter 15
Parks and Recreation
Chapter 16
Planning
Chapter 17
Reserved
Chapter 18
Public Transportation
SUPP.11 (1-2022) ii
VOLUME 2
Chapter 19 Real Property Taxes
Chapter 20 Integrated Solid Waste Management
Chapter 21 Sewers
Chapter 22 County Streets
Chapter 23 Subdivisions
Chapter 24 Vehicles and Traffic
— Traffic Schedules
Chapter 25 Zoning
— Zoning Annex
VOLUME 3
Chapter 26 Fire
Chapter 27 Flood Control
Chapter 28 State Land Use District Boundary Amendment
Procedures
Chapter 29 Water Use and Development
Chapter 30 Development Agreements
Chapter 31 Enterprise Zone Program
Chapter 32 Special Improvement Financing by Community
Facilities Districts
Chapter 33 Tax Increment Districts
Chapter 34 Public Access
Chapter 35 Business Improvement Districts
Chapter 36 Redistricting
Index
Legislative History
— Legislative History Table
— Ordinance Table
Supplement Insert Guides
iii SUPP.11 (1-2022)
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. Repealed.
Section 2-208.
Repealed.
Section 2-209.
Repealed.
Section 2-210.
Repealed.
Section 2-211.
Repealed.
Section 2-212.
Repealed.
Section 2-213.
Repealed.
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.
ix SUPP.11 (1-2022)
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.
Section 2-219.
Section 2-220.
Section 2-221.
Section 2-222.
Section 2-223.
Section 2-223.1.
Article 43. Budget Stabilization Fund.
Creation of fund; purpose.
Funding.
Expenditures.
Appropriations.
Prohibitions.
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 Hawaii 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
Article 47. Disaster Relief and Recovery.
Section 2-246.
Findings and purpose.
Section 2-247.
Definitions.
Section 2-248.
Applicability; restrictions of funding source; County reservation of
funds.
Section 2-249.
Administration.
Section 2-250.
Eligible organizations.
Section 2-251.
Conditions for grants.
Section 2-252.
Procedure for awarding grants.
Section 2-253.
Criteria.
Section 2-254. Maximum grant award.
Section 2-255. No lapse of disaster relief funds.
Section 2-256. Records, reporting, and fiscal accountability requirements.
Section 2-257. Indemnification.
Section 2-258. Rules.
Article 48. Transient Accommodations Tax.
Section 2-259.
Tax established.
Section 2-260.
Definitions.
Section 2-261.
Payment of tax.
Section 2-262.
Annual return.
Section 2-263.
Rent collection by third party; filing with the director; statement
required.
Section 2-264.
Assessment of tax for failure to make payment; limitation period;
exceptions; extension by agreement.
Section 2-265.
Appeals.
Section 2-266.
Collection by suit; injunction.
Section 2-267.
Penalty and interest.
Section 2-268.
Director of finance.
Section 2-269.
Administrative rules.
xi SUPP.11 (1-2022)
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ADMINISTRATION
§ 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 Hawaii, 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.)
Section 2-193. Creation of fund.
Pursuant to section 10-12, Hawaii 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.)
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.)
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.
(2000, ord 00-43, sec 3; am 2015, ord 15-65, sec 2; am 2021, ord 21-82, sec 2.)
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.)
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.)
2-85 SUPP.11 (1-2022)
§ 2-198 HAWAI`I COUNTY CODE
Article 40. Department of Environmental Management.
Section 2-198. Definitions.
"Department" means the department of environmental management.
"Director" means the director of the department of environmental management.
"Commission" means the environmental management commission.
(2005, ord 05-22, sec 1; am 2020, ord 20-86, sec 4.)
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.)
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.)
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.)
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.)
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.)
SUPP.11 (1-2022) 2-86
ADMINISTRATION § 2-208
Article 41. Repealed.
Section 2-208. Repealed.
(2004, ord 04-4, sec 2; am 2011, ord 11-130, sec 2; rep 2021, ord 21-57, sec 2.)
Section 2-209. Repealed.
(2004, ord 04-4, sec 2; am 2006, ord 06-98, sec 1; am 2011, ord 11-130, sec 3; rep 2021,
ord 21-57, sec 2.)
Section 2-210. Repealed.
(2004, ord 04-4, sec 2; am 2006, ord 06-98, sec 2; am 2011, ord 11-130, sec 4; rep 2021,
ord 21-57, sec 2.)
Section 2-211. Repealed.
(2004, ord 04-4, sec 2; rep 2021, ord 21-57, sec 2.)
Section 2-212. Repealed.
(2004, ord 04-4, sec 2; rep 2021, ord 21-57, sec 2.)
Section 2-213. Repealed.
(2004, ord 04-4, sec 2; rep 2021, ord 21-57, sec 2.)
2-89 SUPP.11 (1-2022)
§ 2-214 HAWAI`I COUNTY CODE
Article 42. Public Access, Open Space, and Natural Resources Preservation.
Section 2-214. Repealed.
(2005, ord 05-85, sec 2; am 2005, ord 05-166, sec 1; am 2006, ord 06-151, sec 1; ord
06-169, sec 1; am 2007, ord 07-21, sec 1; am 2009, ord 09-66, sec 2; am 2013, ord 13-31,
sec 2; rep 2015, ord 15-97, sec 3.)
Section 2-214.1. Public access, open space, and natural resources
preservation fund.
(a) A public access, open space, and natural resources preservation fund is hereby
established. This special fund shall be administered and managed by the finance
department. Monies deposited shall be invested in a conservative interest -bearing
account that will allow monies to be available for property acquisition and prevent
any erosion of the fund's principal amount.
(b) The fund shall consist of monies from:
(1) The proceeds from the sale of any general obligation bonds, authorized and
issued for the purposes of this section;
(2) Council appropriations for the purposes of this section;
(3) Any source of revenue dedicated by the Charter or the Code for the purposes of
this section;
(4) Grants and private contributions intended for the purposes of this section;
(5) Two percent of Hawaii County real property tax revenues collected annually
(including penalties and interest). Deposits will be made to the Fund on June
30, 2007 and then again on December 31, 2007, and on December 31 and June
30, in successive years, with deposits being calculated on all real property tax
payments (including penalties and interest) received in the prior six months.
Additional deposits and adjustments may be made at the discretion of the
director of finance;
(6) Monies from items numbered (1), (2), (3), and (4) above, shall be deposited as
received; and
(7) Notwithstanding (b)(5) of this section, for the period from July 1, 2009 to June
30, 2011, no payments relating to this section shall be allocated or deposited,
provided, however, that all payments accrued through June 30, 2009 shall be
allocated and deposited by July 31, 2009.
(c) The fund shall be used for acquiring lands or property entitlements in the County
of Hawaii for the following purposes:
(1) Public outdoor recreation and education, including access to beaches and
mountains;
(2) Preservation of historic or culturally important land areas and sites;
(3) Protection of natural resources, including buffer zones;
(4) Preservation of forests, beaches, coastal areas, natural beauty and agricultural
lands; and
(5) Protection of watershed lands to preserve water quality and water supply.
SUPP.11 (1-2022) 2-90
ADMINISTRATION
§ 2-214.1
(d) The director of finance shall ensure that the following covenant is written and duly
recorded as part of the deed of any property acquired pursuant to this section:
"This land/easement was acquired with moneys from the Public Access, Open
Space, and Natural Resources Preservation Fund. It shall be held in perpetuity for
the use and enjoyment of the people of Hawaii County and may not be sold,
mortgaged, traded or transferred in any way."
The director of finance shall select either "land" or "easement" based on the type
of property acquired.
(2005, ord 05-85, sec 2; am, ord 05-166, sec 1; am 2006, ord 06-151, sec 1; ord 06-169, sec
1; am 2007, ord 07-21, sec 1; am 2009, ord 09-66, sec 2; am 2013, ord 13-31, sec 2; am
2015, ord 15-97, sec 3-5.)
Section 2-214.2. Public access, open space, and natural resources
preservation maintenance fund.
(a) Pursuant to section 10-16(c) of the Charter, a special fund known as the public
access, open space, and natural resources preservation maintenance fund is
established. The purpose of this special fund is to accrue and use moneys for
maintenance of lands and easements acquired in full or in part by the public access,
open space, and natural resources preservation fund.
(b) Pursuant to section 10-16(c) of the Charter, the maintenance fund shall be
administered and managed by the department of finance. Adequate staff to carry
out the provisions of this article and section 10-16 of the Charter shall be provided
by the department of finance.
(c) Pursuant to section 10-16(h) of the Charter, and article 25 of this chapter,
stewardship grants may be provided to 501(c)(3) nonprofit organizations or an
organization operating under the umbrella of a 501(c)(3) nonprofit organization.
(2015, ord 15-97, sec 6; am 2021, ord 21-56, sec 1.)
2-91 SUPP.11 (1-2022)
§ 2-215
HAWAI`I COUNTY CODE
Section 2-215. Public access, open space, and natural resources
preservation commission.
(a) There is established a public access, open space, and natural resources preservation
commission. There shall be nine members on this commission, appointed by the
mayor and confirmed by the council. The members may be removed upon
recommendation by the mayor and the approval of the council. One member shall
reside in each County council district. The members shall serve staggered terms of
five years. Upon initial appointment of the commission, one member shall be
appointed to a term of one year, two for a term of two years, two for a term of three
years, two for a term of four years, and two for a term of five years. Staff support
shall be provided by the finance department.
(b) No member shall be eligible for a second appointment to the commission prior to
the expiration of two years, provided that members initially appointed for a term of
one year and two years shall be eligible to succeed themselves for an additional
term.
(c) No member whose term has expired shall continue to serve on the commission,
except that if no successor has been appointed and confirmed, the member shall
continue to serve for ninety days or until a successor is appointed and confirmed,
whichever comes first.
(d) Any vacancy occurring in the commission shall be filled for the unexpired term.
(e) Members shall receive no compensation but shall be reimbursed for necessary
expenses incurred in the performance of their duties. Necessary expenses may be
paid in advance as per diem allowance pursuant to article 16.
(f) A chairperson shall be elected from its membership annually.
(g) The affirmative vote of a majority of those members present shall be necessary to
make any action valid.
(h) The commission shall have the power to establish its rules of procedure necessary
for the conduct of its business, which rules shall contain the time and place of all
regular meetings, and which shall specify that a quorum shall be a majority of the
members to which the commission is entitled.
(1) No person shall, by reason of occupation alone, be barred from serving as a member
of this commission.
(j) The council shall act to confirm or reject any appointment made to the commission
by the mayor within forty-five days after receiving notice of the appointment from
the mayor. If the council does not confirm or reject any such appointment within
forty-five days, the appointee shall be deemed to have been confirmed.
(k) The redrawing of the council district boundaries during a member's term shall not
affect a member's eligibility to represent the district to which the member was
appointed.
(2005, ord 05-166, sec 2; am 2021, ord 21-56, sec 2.)
SUPP.11 (1-2022) 2-92
ADMINISTRATION
§ 2-216
Section 2-216. Oath of affirmation.
Before beginning their duties, each member appointed shall subscribe to the oath or
affirmation before some person duly qualified to administer oaths:
1, do solemnly swear (or affirm) that I will support and defend
the Constitution of the United States and the Constitution of the State of Hawaii, and
that I will faithfully discharge my duties as a member of the public access, open space,
and natural resources preservation commission to the best of my ability."
(2005, ord 05-166, sec 3.)
Section 2-217. Duties and responsibilities of the commission.
The duties and responsibilities of this commission are:
(1) To develop and submit to the mayor an island -wide prioritized list of
qualifying lands worthy of preservation. The commission shall give emphasis
to land acquisitions where the County's contribution can be leveraged to
obtain State, Federal, and/or private lands. Priorities shall be listed on an
island -wide rather than district basis. The list shall include the significance of
each parcel or entitlement identified, the reason for its priority, and its
anticipated use after acquisition;
(2) To update this list at any time, but at least annually by December 31 of each
year;
(3) To explore methods of funding land acquisition and make recommendations to
the mayor;
(4) To review, evaluate, and make recommendations to the director of finance
regarding applications for stewardship grants from the maintenance fund,
within six months of receipt of each application. Recommendations shall
address whether grant applicants have the ability to complete their proposed
projects according to the project plan, on time, and within cost estimates, in
accordance with section 10-16(h) of the Charter;
(5) To review stewardship grant applications, business plans, agreements, and
other documentation accompanying grant applications. The commission may
also conduct interviews and perform site visits and other activities necessary
to formulate a recommendation; and
(6) To review stewardship grant recipient performance reports, conduct
interviews, and perform site visits and other activities necessary to verify that
grant objectives are being met. The commission shall forward its findings to
the director of finance.
(2005, ord 05-166, sec 4; am 2015, ord 15-97, sec 7; am 2021, ord, 21-56, sec 3.)
2-93 SUPP.11 (1-2022)
§ 2-218 HAWAI`I COUNTY CODE
Section 2-218. Prioritized list of qualifying lands worthy of preservation.
(a) The prioritized list developed by the commission shall be submitted to the mayor
for comments and recommendation. Within sixty days after receipt, the mayor will
submit the list to the council with comments and recommendations. The council
shall, by resolution, select the land or lands to be preserved. Under no
circumstances shall the purchase price paid for a property exceed the appraised
value as prepared by an independent appraiser engaged by the County. Where
there are multiple lands under consideration at any one time, priority shall be
given to coastal lands and lands where matching funding is available to leverage
the County contribution.
(b) Negotiations for acquisition of lands to be preserved shall occur between the County
and the seller or its commissioned agent, or a licensed broker only. The commission
shall have no role in the negotiations other than in its advisory capacity.
(c) Appraisals, title reports, surveying and other costs incidental to the acquisition of
land shall be permitted uses of the public access, open space, and natural resources
preservation fund.
(d) Adequate staff to carry out the provisions of this article and to manage the land
acquired shall be provided in the department of finance to maximize the use of
available funds by minimizing the payment of commission to outside agents to put
together funding plans and to ensure that the County is a good steward of any land
that comes under its control through this article.
(2005, ord 05-166, sec 5; am 2007, ord 07-21, sec 2; am 2015, ord 15-97, sec 8.)
Article 43. Budget Stabilization Fund.
Section 2-219. Creation of fund; purpose.
(a) Pursuant to section 10-12, Hawaii County Charter 2000, a special fund to be
known as the budget stabilization fund is created.
(b) The purpose of the budget stabilization fund shall be a temporary, supplemental
source of funds for the County to use during times of financial hardships while a
plan for cost reduction or revenue enhancement is developed. Additionally, the
fund may be used to insulate general fund programs and current service levels
from:
(1) Revenue shortfalls to minimize the need for budget cuts or tax increases;
(2) A revenue reduction due to a change in state or federal legislation; or
(3) Slower revenue growth that typically occurs during an economic recession.
(2006, ord 06-101, sec 1; am 2011, ord 11-128, sec 2.)
SUPP.11 (1-2022) 2-94
ADMINISTRATION
§ 2-252
(e) Grant awards of $25,000 or less may be authorized solely by the director.
(f) Grant awards in excess of $25,000 shall specifically identify the organization
receiving the grant funds and the purpose for which the grant funds shall be used
in a resolution.
(2020, ord 20-28, sec 1.)
Section 2-253. Criteria.
The director shall take the following criteria into consideration when determining
the amount of a grant award:
(1) The extent to which the organization has the capacity to carry out the
proposed use of the disaster relief funds;
(2) The strength of fiscal and administrative controls to properly manage the
disaster relief funds;
(3) The ability to leverage or obtain other funds to contribute to the proposed use
of the disaster relief funds;
(4) The extent to which the proposed use of the disaster relief funds reflects a
coherent and feasible approach, including a reasonable timeline for completion
of the work, which shall demonstrate how the proposed use intends to address
the relief, recovery, mitigation, and/or remediation following the 2018 Kilauea
eruption; and
(5) The submittal of a realistic, thorough, and accurate budget for the proposed
use of the disaster relief funds.
(2020, ord 20-28, sec 1.)
Section 2-254. Maximum grant award.
A nonprofit organization shall not be awarded more than $500,000 under this
article. This maximum grant award amount shall not apply to other grant amounts
that may have been awarded, or may be awarded in the future, to the same nonprofit
organization under article 25 of this chapter.
(2020, ord 20-28, sec 1.)
Section 2-255. No lapse of disaster relief funds.
The disaster relief funds held in the account shall not lapse, and shall remain in the
account until appropriated, and shall be available until fully expended.
(2020, ord 20-28, sec 1.)
Section 2-256. Records, reporting, and fiscal accountability requirements.
(a) The nonprofit organization shall follow generally accepted accounting procedures
and practices and shall maintain books, records, documents, and other evidence
that sufficiently and properly account for the expenditure of the disaster relief
funds. The books, records, and documents shall be subject at all reasonable times
to inspection, reviews, or audits by the director and the legislative auditor, or by
their designated representatives.
(b) The director may request periodic written reports on the use of the disaster relief
funds.
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§ 2-256
HAWAI`I COUNTY CODE
(c) The nonprofit organization shall submit a written report to the director within sixty
days after the final expenditure of the amount of disaster relief funds that was
awarded. The report shall include, but not be limited to, a detailed description
focusing on specific, measureable outcomes of how the disaster relief funds were
used and a breakdown of other funding sources and their expenditures.
(d) In addition to any other remedy provided by law, if the nonprofit organization fails
to submit the written report due within sixty days from the date of the final
expenditure of the amount of disaster relief funds that was awarded, the director
shall require the nonprofit organization to return all grant funds awarded and
deem the nonprofit organization ineligible to receive future grant awards for at
least the following fiscal year, and for all subsequent fiscal years until such time as
the written report is submitted to, and accepted by, the director.
(e) Should the director determine that the written report is deficient in any way, the
nonprofit organization shall be notified of the deficiencies and shall provide
additional information to mitigate the deficiencies within thirty days of notice.
Noncompliance shall constitute a violation of this section.
(2020, ord 20-28, sec 1.)
Section 2-257. Indemnification.
All contracts executed under this article shall contain a provision that the awarded
grantee shall save, indemnify, defend, and hold harmless the County against any claims
arising from the award or use of disaster relief funds.
(2020, ord 20-28, sec 1.)
Section 2-258. Rules.
The director may adopt administrative rules pursuant to chapter 91 of the Hawaii
Revised Statutes, as amended, as may be necessary to implement this article.
(2020, ord 20-28, sec 1.)
Article 48. Transient Accommodations Tax.
Section 2-259. Tax established.
Pursuant to Part III of Act 1, Special Session Laws of Hawaii 2021, a three percent
transient accommodations tax is established on all gross rental, gross rental proceeds,
and fair market rental value considered taxable under the definitions of section 237D-1,
Hawaii Revised Statutes. This tax shall be levied beginning on January 1, 2022.
If the gross rental, gross rental proceeds, and fair market rental value are received
as payments beginning in the taxable year in which this tax becomes effective, on
written contracts entered into prior to the establishment of this article, and the written
contracts do not provide for the passing on of increased rates of taxes, the County
transient accommodations tax will not be imposed on the gross rental, gross rental
proceeds, and fair market rental value covered under the written contracts.
(2021, ord 21-89, sec 2.)
SUPP.11 (1-2022) 2-110
ADMINISTRATION
§ 2-260
Section 2-260. Definitions.
(a) "Director" means the director of finance of the County.
(b) Unless otherwise provided in this article or by rule adopted by the director, the
definitions provided in section 237D-1, Hawai`i Revised Statutes, as maybe
amended, and by State administrative rule adopted for application to chapter 237D,
Hawaii Revised Statutes, shall apply to this article.
(2021, ord 21-89, sec 2.)
Section 2-261. Payment of tax.
(a) Unless otherwise provided in this article or by rule adopted by the director, any
taxpayer required to pay State transient accommodations tax pursuant to chapter
237D, Hawaii Revised Statutes, shall also pay the County transient
accommodations tax imposed pursuant to this article.
(b) Unless otherwise provided in this article or by rule adopted by the director, any
taxpayer required to pay the County transient accommodations tax shall remit
payment to the director, and if not filing electronically, a periodic voucher approved
by the director.
(c) County transient accommodations tax payments shall be made on or before the
date by which the person is required to pay the State transient accommodations
tax.
(2021, ord 21-89, sec 2.)
Section 2-262. Annual return.
Every taxpayer required to file an annual reconciliation return and submit residue
tax with the State director of taxation set forth under section 237D-7, Hawai`i Revised
Statutes, shall also remit to the director residue County transient accommodations tax
together with an annual reconciliation return approved by the director pursuant to this
article.
(2021, ord 21-89, sec 2.)
Section 2-263. Rent collection by third party; filing with the director;
statement required.
(a) Every taxpayer authorized under an agreement by the owner of transient
accommodations located within this County to collect rent on behalf of such owner
shall be subject to this section.
(b) Every written rental collection agreement, in addition to the requirements of
section 237D-8.5, Hawai`i Revised Statutes, shall include the following statement in
bold print and ten -point type size:
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§ 2-263 HAWAI`I COUNTY CODE
"HAWAI`I COUNTY TRANSIENT ACCOMMODATIONS TAXES
MUST BE PAID ON THE GROSS RENTS COLLECTED
BY ANY TAXPAYER RENTING TRANSIENT ACCOMMODATIONS
IN THE COUNTY OF HAWAI`I."
Every taxpayer entering an oral rental collection agreement shall furnish the
director a copy of the information furnished to the State as required under section
237D-8.5, Hawai`i Revised Statutes, and shall give the owner of the property a copy of
the notice required by this subsection. The statement required by this subsection may
be combined with the statement -required language under section 237D-8.5, Hawai`i
Revised Statutes, by adding in bold print and in ten -point type size to the front of the
statement in section 237-30.5, Hawaii Revised Statutes, the following in parentheses:
"HAWAI`I (INCLUDING HAWAI`I COUNTY ADDED)
TRANSIENT ACCOMMODATIONS TAXES AND"
(2021, ord 21-89, sec 2.)
Section 2-264. Assessment of tax for failure to make payment; limitation
period; exceptions; extension by agreement.
(a) If any taxpayer fails to make payment as required by this article, the director or
designee shall estimate the tax liability of the taxpayer from any information the
director or designee obtains, and according to the estimate, assess the taxes,
interest, and penalty due to the County from the taxpayer, give notice of the
assessment to the taxpayer, and make demand upon the taxpayer for payment. The
assessment shall be presumed correct unless, upon an appeal duly taken, the
contrary is proved by the taxpayer assessed. The burden of proof on appeal to
disprove the correctness of assessment shall be on the taxpayer assessed.
(b) The director or designee shall cause the payment to be examined and may conduct
further audits or investigations as the director or designee considers necessary. If
the director or designee determines that there is a deficiency in the payment of any
tax due under this article, the director or designee shall assess the taxes and
interest due the County, give notice of the assessment to the taxpayers liable, and
make demand upon the taxpayers for payment.
(c) Except as provided by this section, the amount of taxes imposed by this article shall
be assessed or levied within three years of the due date prescribed for the
submission of payment. Without an assessment, no proceeding in court for the
collection of any of the taxes may be commenced after the expiration of the period.
Where the assessment of the tax imposed by this article has occurred within the
applicable period of limitation, the tax may be collected by levy or by a proceeding
in court. Unless otherwise provided in this article or rule adopted by the director,
the limitation period for collecting the County transient accommodations tax shall
be suspended for any period set forth in chapter 237D, Hawaii Revised Statutes.
(2021, ord 21-89, sec 2.)
SUPP.11 (1-2022) 2-112
ADMINISTRATION
§ 2-265
Section 2-265. Appeals.
Any taxpayer aggrieved by any assessment of the tax or liability imposed by this
article may appeal from the assessment within thirty days of the issuance of the
assessment to the appropriate State of Hawaii court having jurisdiction over the
amount in controversy, unless otherwise superseded by State law. Alternatively, if the
taxpayer aggrieved has also filed a proceeding against the State for the State tax or
liability imposed, the aggrieved taxpayer may also join the County in the State
proceeding.
(2021, ord 21-89, sec 2.)
Section 2-266. Collection by suit; injunction.
(a) The director may collect taxes due and unpaid under this article, together with all
accrued penalties, by filing suit or other appropriate proceeding in an appropriate
State of Hawaii court located in the third circuit having jurisdiction over the
amount due and unpaid.
(b) Notwithstanding subsection (a) above, the director may join any proceeding filed by
the State of Hawaii to collect State transient accommodations tax and assert the
County's claims regardless of whether the venue is located in the third circuit.
(2021, ord 21-89, sec 2.)
Section 2-267. Penalty and interest.
Unless otherwise provided in this article or rule adopted by the director, penalties
and interest shall be added to and become a part of the County tax in the same manner
as penalties and interest are added to and become part of the State transient
accommodations tax.
(2021, ord 21-89, sec 2.)
Section 2-268. Director of finance.
(a) The director shall administer and enforce this article, in respect of:
(1) The examination of books and records of taxpayers;
(2) Procedure and powers upon failure or refusal by a taxpayer to make a return,
a proper return, or payment;
(3) The general administration of this article;
(4) To enter into agreements with the director of taxation, other State agency, or
entity approved in furtherance of the administration and enforcement of this
article; and
(5) To identify taxpayers and delinquencies to the director of any County
department charged with permitting, oversight or enforcement of transient
accommodations.
(b) The director shall have the rights and powers conferred by section 6-6.3, Hawaii
County Charter.
2-113 SUPP.11 (1-2022)
§ 2-268 HAWAI`I COUNTY CODE
(c) The director is further authorized to delegate any authority provided in this article.
(d) If any section in this article conflicts with this authority to enter into an agreement
for the collection of taxes, it shall be void. The director must appropriately notify
taxpayers of any voided section.
(2021, ord 21-89, sec 2.)
Section 2-269. Administrative rules.
The director may adopt administrative rules pursuant to chapter 91, Hawai`i
Revised Statutes, as amended, as may be necessary to implement this article.
(2021, ord 21-89, sec 2.)
SUPP.11 (1-2022) 2-114
CONSTRUCTION ADMINISTRATIVE CODE § 5-1-1
CHAPTER 5
BUILDING
(Rep 2020, ord 20-61, sec 12.)
CHAPTER 5
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.)
Section 5-1-2. Purpose.
This chapter consolidates the administrative provisions relating to the County's
construction code, including chapters: 5A, the building code; 513, the residential building
code; 5C, the existing building code; 51), 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; am 2021, ord 21-61, sec 3.)
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; 513,
the residential building code; 5C, the existing building code; 51), 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
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§ 5-1-3
HAWAI`1 COUNTY CODE
(B) In an approved subdivision, where the work is in planned or actual
roadways or other common infrastructure areas;
(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, Hawaii Revised
Statutes, relating to the elevator code, but not including electrical work for the
supply of power to the control panels of elevators, dumbwaiters, escalators,
moving walks, and manlifts;
(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, Hawaii Revised
Statutes, relating to boilers and pressure vessels; and
(8) Agricultural buildings, structures, and appurtenances without electrical power
and plumbing systems are exempt from permit and construction code
requirements pursuant to section 46-88, Hawaii Revised Statutes, except as
otherwise provided for in this construction code. No electrical power and no
plumbing systems shall be connected to a building or structure without first
obtaining a permit for electrical or plumbing work.
(2020, ord 20-61, sec 2; am 2021, ord 21-61, sec 4.)
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.)
* Editor's Note: The County adopted the International Existing Building Code on September 8, 2021, in Ordinance 21-41.
Section 5-1-5. Definitions.
As used in this chapter, unless it is apparent from the context that a different
meaning is intended:
"Accessory structure" means a structure not greater than 3,000 square feet (279 m')
in floor area, and not over two stories in height, the use of which is customarily
accessory to and incidental to that of the dwelling and which is located on the same lot.
SUPP.11 (1-2022) 5-2
CONSTRUCTION ADMINISTRATIVE CODE § 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 Hawaii.
"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; 5B, 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.
"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 5B, the residential building code; chapter
5C, the existing 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 Hawaii or the
director's duly authorized representative.
"Dwelling" means any building that contains one or two dwelling units used,
intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or
that are occupied for living purposes.
"Dwelling unit" means a single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living, sleeping, eating,
cooking, and sanitation.
"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
HAWAI`1 COUNTY CODE
"Electrical work" means the installation, alteration, reconstruction, or repair of
electrical wiring.
"Engineer" means a person who is licensed and in good standing as a professional
engineer in the State of Hawaii.
"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 the
following chapters:
(1) 5, the construction administrative code;
(2) 5A, the building code;
(3) 5B, the residential building code;
(4) 5C, the existing building code;
(5) 51), the electrical code;
(6) 5E, the energy conservation code; and
(7) 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.
SUPP.11 (1-2022) 5-4
CONSTRUCTION ADMINISTRATIVE CODE § 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; am 2021, ord 21-61, secs 5-7.)
Section 5-1-6. Licenses.
When this construction administrative code or any of the construction codes require
that a person be licensed pursuant to chapters 444, 448E, or 464, of the Hawaii Revised
Statutes, such license must be valid in the State of Hawaii, unexpired, and unrevoked.
(2020, ord 20-61, sec 2.)
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, Hawaii Revised
Statutes.
(2020, ord 20-61, sec 2.)
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.)
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.)
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§ 5-2-2
HAWAI`I COUNTY CODE
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; 5B,
the residential building code; 5C, the existing building code; 51), 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; am 2021, ord 21-61, sec 8.)
Section 5-2-3. Compliance required.
(a) Permit holders and their agents shall comply with the requirements of permits
issued pursuant to the construction code including chapters: 5, the construction
administrative code; 5A, the building code; 5B, the residential building code; 5C,
the existing building code; 51), 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.
SUPP.11 (1-2022) 5-6
CONSTRUCTION ADMINISTRATIVE CODE § 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; am 2021, ord 21-61, sec 9.)
Section 5-2-4. Conflict.
(a) If any provisions of the construction code conflict with or contravene provisions of
the Hawaii State Building Codes, International Building Code, International
Residential Code, International Existing 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; am 2021, ord 21-61, sec 10.)
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.)
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.)
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, Hawaii Revised
Statutes.
(2020, ord 20-61, sec 2.)
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§ 5-2-8
HAWAI`I COUNTY CODE
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.)
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.)
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.)
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.
SUPP.9 (1-2021) 5-8
CONSTRUCTION ADMINISTRATIVE CODE § 5-4-7
(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.)
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.)
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.
5-23 SUPP.9 (1-2021)
§ 5-4-21 HAWAI`I COUNTY CODE
(b) Model home designs.
(1) Eligible model home designs shall have no limitation on size.
Exception:
A maximum of a two -car carport/garage may be included.
(2) Layouts of plans that are mirrored or reversed versions of previously approved
plans, will be considered to be separate and an additional model home design
subject to paragraph (1) of this subsection.
(3) Any revisions to pre -approved plans will require resubmittal of the entire set
of revised plans and documents for approval. A proposed revision to an
already pre -approved plan will be considered to be a separate and an
additional home design subject to paragraph (1) of this subsection.
(c) Application for model plan pre -approval.
(1) To apply for pre -approval of a model plan, three sets of complete working
drawings and specifications that bear the wet seal and signature of a person
who is licensed in the State of Hawaii as an architect or professional
structural engineer shall be submitted to the authority having jurisdiction.
(2) Factory -built homes shall include a manufacturer's 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.
(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 Hawaii as an
architect or professional structural engineer in accordance with this chapter
and chapter 464, Hawaii Revised Statutes. The plot plan and/or cover sheet
shall bear the same architect or professional engineer's wet seal or signature
as submitted on the pre -approved model home design, pursuant to subsection
(c)(1).
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CONSTRUCTION ADMINISTRATIVE CODE § 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; am 2021, ord 21-61, sec 11.)
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.)
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§ 5-5-2
HAWAI`I COUNTY CODE
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.)
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.)
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.)
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CONSTRUCTION ADMINISTRATIVE CODE § 5-8-2
(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.)
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
HAWAI`I COUNTY CODE
(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.)
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; chapter 5B, the residential building
code; and chapter 5C, the existing 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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CONSTRUCTION ADMINISTRATIVE CODE § 5-8-4
(c) Electrical wiring for which a permit is required, shall be inspected by the authority
having jurisdiction to ensure compliance with the requirements of chapter 5D, the
electrical code, 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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HAWAI`1 COUNTY CODE
(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; am 2021, ord 21-61, sec 12.)
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.)
Section 5-8-6. Special inspection.
(a) When application is made for a permit as described in article 4 of this chapter, the
owner or person who is licensed in the State of Hawaii as an architect or
professional engineer who is acting as the owner's agent, shall employ one or more
special inspectors to provide inspections during construction on the types of work
listed under chapter 17 of the International Building Code. The special inspector
shall be a qualified person who shall demonstrate competence, to the satisfaction of
the authority having jurisdiction, to inspect the particular type of construction or
operation requiring special inspection.
(b) These inspections are required in addition to the inspections specified in sections
5-8-4 and 5-8-5 and shall be designated on the form provided by the authority
having jurisdiction.
(2020, ord 0-61, sec 2.)
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.)
SUPP.11 (1-2022) 5-38
CONSTRUCTION ADMINISTRATIVE CODE § 5-9-6
(g) Service of such notice of violation and order shall be by personal service, certified
mail by posting a copy of the notice of violation and order at the site of the
violation, or by publication. Service by publication shall be effected through
publication once a week for two consecutive weeks, in a daily publication in the
County pursuant to section 1-28.5, Hawaii Revised Statutes.
(2020, ord 20-61, sec 2.)
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.)
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.)
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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5-10-1 HAWAI`I COUNTY CODE
(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; chapter 5B, the
residential building code; and chapter 5C, the existing 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, Hawaii Revised Statutes,
relating to the licensing of electricians and plumbers.
(2020, ord 20-61, sec 2; am 2021, ord 21-61, sec 13.)
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;
SUPP.11 (1-2022) 5-46
CHAPTER 5A
BUILDING CODE*
* Editor's Notes:
1. Pursuant to section 107-28, Hawai`i Revised Statutes ("HRS"), each County shall amend and adopt the Hawaii
State building codes and standards listed in HRS, section 107-25 within two years after adoption by the State
Building Code council. If a County does not amend, adopt, and update a State code within this time frame, the
respective State code shall become applicable as an interim County code.
2. Chapter 5, "building code" was repealed by ordinance 20-61, section 12, and replaced with Chapter 5A.
Section 5A-1-1.
Section 5A-1-2.
Section 5A-1-3.
Section 5A-1-4.
Section 5A-1-5.
Section 5A-1-6.
Section 5A-1-7.
Section 5A-1-8.
Section 5A-1-9.
Section 5A-2-1
Article 1. General Provisions.
Title.
Purpose.
Scope; exceptions.
Administrative provisions.
Existing buildings.
Definitions.
Compliance required.
Conflict.
References to model codes.
Article 2. Installation Requirements.
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. Repealed.
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. Repealed.
SUPP.11 (1-2022)
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.
SUPP.9 (1-2021) 11
BUILDING CODE § 5A-1-1
CHAPTER 5
BUILDING
(Rep 2020, ord 20-61, sec 12.)
CHAPTER 5A
BUILDING CODE*
* Editor's Notes:
1. Pursuant to section 107-28, Hawai`i Revised Statutes ("HRS"), each County shall amend and adopt the Hawaii
State building codes and standards listed in HRS, section 107-25 within two years after adoption by the State
Building Code council. If a County does not amend, adopt, and update a State code within this time frame, the
respective State code shall become applicable as an interim County code.
2. Chapter 5, "building code" was repealed by ordinance 20-61, section 12, and replaced with Chapter 5A.
Article 1. General Provisions.
Section 5A-1-1. Title.
This chapter shall be known as the "building code."
(2020, ord 20-61, sec 3.)
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.)
Section 5A-1-3. Scope; exceptions.
This chapter shall apply to the design, construction, alteration, movement,
enlargement, replacement, repair, equipment, use and occupancy, location, removal and
demolition of buildings or structures or any appurtenances connected or attached to
such buildings or structures.
Exception:
Detached one- and two-family dwellings and multiple single-family dwellings and
townhouses not more than three stories above grade plane in height with a separate
means of egress and their accessory structures not more than three stories above grade
plane in height shall be permitted to comply with the residential building code, chapter
513, Hawai`i County Code if provided with debris impact protection in accordance with
Section 1609.2 Protection of Openings. Exception 3 in Section 1609.2 shall not apply.
(2020, ord 20-61, sec 3; am 2021, ord 21-61, sec 14.)
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.)
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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.)
Section 5A-1-6. Definitions.
As used in this chapter, unless it is apparent from the context that a different
meaning is intended:
"Accessory structure" means a structure not greater than 3,000 square feet (279 m')
in floor area, and not over two stories in height, the use of which is customarily
accessory to and incidental to that of the dwelling and which is located on the same lot.
"Agricultural building" means a development, including a nonresidential building
or structure, built for agricultural or aquacultural purposes, located on a commercial
farm or ranch constructed or installed to house farm or ranch implements, agricultural
or aquacultural feeds or supplies, livestock, poultry, or other agricultural or
aquacultural products, used in or necessary for the operation of the farm or ranch, or for
the processing and selling of farm or ranch products. An agricultural building for
personal use shall be excluded from this definition.
"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 5B, the residential building code; chapter
5C, the existing building code; chapter 51), the electrical code; chapter 5E, the energy
conservation code; chapter 5F, the plumbing code; and all administrative rules adopted
pursuant to these chapters.
SUPP.11 (1-2022) 5A-2
BUILDING CODE
§ 5A-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.
"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 the
following chapters:
(1) 5, the construction administrative code;
(2) 5A, the building code;
(3) 5B, the residential building code;
(4) 5C, the existing building code;
(5) 51), the electrical code;
(6) 5E, the energy conservation code; and
(7) 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; am 2021, ord 21-61, secs 15 and 16.)
Section 5A-1-7. Compliance required.
(a) No person shall perform or cause to be performed any building work which does not
comply with the provisions of this code or any permit issued pursuant to this code.
(b) No person shall perform any work covered by this code in violation of the provisions
of chapters 444 or 448E, Hawaii Revised Statutes.
(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-3 SUPP.11 (1-2022)
§ 5A-1-8 HAWAI`I COUNTY CODE
Section 5A-1-8. Conflict.
(a) If any provisions of this code conflict with or contravene provisions of the Hawaii
State Building Code or the International Building Code that have been
incorporated by reference, the provisions of this code shall prevail as to all matters
and questions arising out of the subject matter of such provisions.
(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.)
Section 5A-1-9. References to model codes.
(1) Wherever referenced in this code, the ICC Electrical Code shall mean the
electrical code, chapter 51), 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.)
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.
SUPP.11 (1-2022) 5A-4
BUILDING CODE
§ 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-29 SUPP.9 (1-2021)
§ 5A-3-21 HAWAI`I COUNTY CODE
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 M, Thatch Material on Exterior of Buildings — Protection Against
Exposure Fires;
(2) Appendix U, Hawai`i Hurricane Sheltering Provisions for New Construction;
(3) Appendix W, Hawai`i Wind Design Provisions for New Construction;
(4) Appendix X, Indigenous Hawaiian Architecture Structures.
(2020, ord 20-61, sec 3; am 2021, ord 21-61, sec 17.)
Section 5A-3-22. Repealed.
(2020, ord 20-61, sec 3; rep 2021, ord 21-61, sec 18.)
SUPP.11 (1-2022) 5A-30
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5A-31 SUPP.11 (1-2022)
HAWAI`I COUNTY CODE
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SUPP.11 (1-2022) 5A-32
BUILDING CODE § 5A-3-23
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.
5A-33 SUPP.11 (1-2022)
§ 5A-3-23 HAWAI`I COUNTY CODE
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:
Roof Slope
Orifice Size
(In inches)
Width of Roof
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.
SUPP.9 (1-2021) 5A-34
BUILDING CODE
§ 5A-3-26
FILL DRY SAND
AROUND POST
FILL SPACES BETWEEN
OUTER ROCKS WITH
MORTAR
ri
i
- KUMU POHAKU
32" MIN. (BASE ROCK)
PA POUAKU
(FOUNDATION WALL)
(2020, ord 20-61, sec 3.)
Section 5A-3-27. Repealed.
(2020, ord 20-61, sec 3; rep 2021, ord 21-61, sec 19.)
5A-79 SUPP.11 (1-2022)
5A-4-1 HAWAI`I COUNTY CODE
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.)
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
(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.)
SUPP.11 (1-2022) 5A-80
BUILDING CODE
§ 5A-4-3
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-81 SUPP.11 (1-2022)
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CHAPTER 5B
RESIDENTIAL BUILDING CODE*
* Editor's Note: Pursuant to section 107-28, Hawai`i Revised Statutes ("HRS"), each County shall amend and adopt the Hawaii State
building codes and standards listed in HRS, section 107-25 within two years after adoption by the State Building Code council. If a
County does not amend, adopt, and update a State code within this time frame, the respective State code shall become applicable as an
interim County code.
Section 513-1-1.
Section 513-1-2.
Section 513-1-3.
Section 513-1-4.
Section 513-1-5.
Section 513-1-6.
Section 513-1-7.
Section 513-1-8.
Section 513-1-9.
Section 513-2-1
Article 1. General Provisions.
Title.
Purpose.
Scope; exceptions.
Administrative provisions.
Existing buildings.
Definitions.
Compliance required.
Conflict.
References to model codes.
Article 2. Installation Requirements.
International residential code adopted.
Article 3. Adoption, Amendment, and Addition of Appendices.
Division 1. Appendices of International Residential Code Adopted.
Section 513-3-1.
Appendices not applicable.
Section 513-3-2.
Appendices of the International Residential Code adopted.
Section 513-3-3.
Appendix Q; Tiny Houses.
Division 2. Appendix Added to the International Residential Code.
Section 513-3-21. Reserved.
Section 513-3-22. Appendix U; Factory -built Housing.
Article 4. Building Work Within Special Flood Hazard Areas.
Section 513-4-1. General applicability.
Section 513-4-2. Definitions.
Section 513-4-3. General Requirements.
I. SUPP.11 (1-2022)
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RESIDENTIAL BUILDING CODE § 5B-1-1
CHAPTER 5B
RESIDENTIAL BUILDING CODE*
* Editor's Note: Pursuant to section 107-28, Hawai`i Revised Statutes ("HRS"), each County shall amend and adopt the Hawaii State
building codes and standards listed in HRS, section 107-25 within two years after adoption by the State Building Code council. If a
County does not amend, adopt, and update a State code within this time frame, the respective State code shall become applicable as an
interim County code.
Article 1. General Provisions.
Section 513-1-1. Title.
This chapter shall be known as the "residential building code."
(2021, ord 21-61, sec 1.)
Section 513-1-2. 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
residential buildings and structures within the County and certain equipment
specifically regulated herein.
(2021, ord 21-61, sec 1.)
Section 513-1-3. Scope; exceptions.
This chapter shall apply to the design, construction, alteration, movement,
enlargement, replacement, repair, equipment, use and occupancy, location, removal and
demolition of detached one- and two-family dwellings and townhouses not more than
three stories above grade plane in height with a separate means of egress and their
accessory structures not more than three stories above grade plane in height.
Exception:
The following shall be permitted to be constructed in accordance with this code
where provided with a residential fire sprinkler system complying with, chapter 26, the
Hawaii County fire code:
1. Live/work units located in townhouses and complying with the requirements of
Section 419, "Live/Work Units" of the International Building Code as adopted
by chapter 5A, the building code.
2. Owner -occupied lodging houses with five or fewer guestrooms.
3. A care facility with five or fewer persons receiving custodial care within a
dwelling unit.
4. A care facility with five or fewer persons receiving medical care within a
dwelling unit.
5. A care facility for five or fewer persons receiving care that are within a single-
family dwelling.
(2021, ord 21-61, sec 1.)
5B-1 SUPP.11 (1-2022)
5B-1-4 HAWAI`I COUNTY CODE
Section 5B-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.
(2021, ord 21-61, sec 1.)
Section 5B-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 the existing building
code, chapter 5C, Hawai`i County Code.
(2021, ord 21-61, sec 1.)
Section 5B-1-6. Definitions.
As used in this chapter, unless it is apparent from the context that a different
meaning is intended:
"Accessory structure" means a structure not greater than 3,000 square feet (279 m')
in floor area, and not over two stories in height, the use of which is customarily
accessory to and incidental to that of the dwelling and which is located on the same lot.
"Authority having jurisdiction" means the director of the department of public
works, or the director's authorized representative.
"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; 5B, the residential building code;
5C, the existing building code; 51), 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.
"Chapter" means this chapter.
"This code" means the residential building code, contained in chapter 5B, or the
construction administrative code, contained in chapter 5, or both, as the context
requires.
SUPP.11 (1-2022) 5B-2
RESIDENTIAL BUILDING CODE § 5B-1-6
"Construction code" means collectively: chapter 5, the construction administrative
code; chapter 5A, the building code; chapter 5B, the residential building code; chapter
5C, the existing building code; chapter 51), 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.
"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.
"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 the
following chapters:
(1) 5, the construction administrative code;
(2) 5A, the building code;
(3) 5B, the residential building code;
(4) 5C, the existing building code;
(5) 51), the electrical code;
(6) 5E, the energy conservation code; and
(7) 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.
(2021, ord 21-61, sec 1.)
Section 5B-1-7. Compliance required.
(a) No person shall perform or cause to be performed any building work which does not
comply with the provisions of this code or any permit issued pursuant to this code.
(b) No person shall perform any work covered by this code in violation of the provisions
of chapters 444 or 448E, Hawaii Revised Statutes.
(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.
(2021, ord 21-61, sec 1.)
5B-3 SUPP.11 (1-2022)
5B-1-8 HAWAI`l COUNTY CODE
Section 5B-1-8. Conflict.
(a) If any provisions of this code conflict with or contravene provisions of the Hawaii
State Residential Code or the International Residential Code, 2018 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.
(2021, ord 21-61, sec 1.)
Section 5B-1-9. References to model codes.
(a) The codes and standards referenced in this code shall be considered to be part of
the requirements of this code to the prescribed extent of each such reference and as
further regulated in section 513-1-8.
(b) Wherever a model code is referenced in this code, the following shall apply:
(1) The International Building Code shall mean the building code, chapter 5A,
Hawaii County Code;
(2) The International Residential Code, shall mean the residential building code,
chapter 5B, Hawai`i County Code;
(3) The International Existing Building Code, shall mean the existing building
code, chapter 5C, Hawai`i County Code;
(4) The International Electrical Code shall mean the electrical code, chapter 51),
Hawaii County Code;
(5) The International Energy Conservation Code, shall mean the energy
conservation code, chapter 5E, Hawai`i County Code;
(6) The International Plumbing Code shall mean the plumbing code, chapter 5F,
Hawaii County Code;
(7) The International Fuel Gas Code, the provisions of the International Fuel Gas
Code shall be deemed to be only guidelines and not mandatory;
(8) The International Mechanical Code, the provisions of the International
Mechanical Code shall be deemed to be only guidelines and not mandatory;
(9) The International Property Maintenance Code, the provisions of the
International Property Maintenance Code shall be deemed to be only
guidelines and not mandatory; and
(10) The International Fire Code shall mean the fire code, chapter 26, Hawai`i
County Code.
Exception:
Where enforcement of a code provision would violate the conditions of the
listing of the equipment of appliance, the condition of the listing shall govern.
(2021, ord 21-61, sec 1.)
SUPP.11 (1-2022) 5B-4
RESIDENTIAL BUILDING CODE § 5B-2-1
Article 2. Installation Requirements.
Section 513-2-1. International residential code adopted.
(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 adopted by
reference and made a part of this code, subject to any amendments set forth in
this chapter:
(A) Appendix H, Patio Covers;
(B) Appendix M, Home 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 code, subject to any amendments set forth in this chapter:
Appendix U, Factory -built Housing.
(b) The scope, technical specifications, and exemptions set forth in the International
Residential Code 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 Residential 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.
(d) The International Residential Code adopted and incorporated by reference into this
code, shall be subject to the amendments hereinafter set forth.
(1) Chapter 1, "Scope and Administration," of the International Residential Code
is deleted in its entirety.
(2) Chapter 1, Part 2 — "Administration and Enforcement" of the International
Residential Code is deleted in its entirety.
(3) Section R202, "Definitions," of the International Residential Code is amended
by adding the following definitions:
"AUTHORITY HAVING JURISDICTION means the director of the
department of public works, or the director's authorized
representative."
"BUILDING, ENCLOSED is a building that does not comply with the
requirements for open or partially enclosed building."
5B-5 SUPP.11 (1-2022)
5B-2-1 HAWAI`I COUNTY CODE
"BUILDING, OPEN is a building having each wall at least 80 percent
open. Ao >= Ag where:
1. Ao = total area of openings in a wall that receives positive
external pressure, in ft2 (m2); and
2. Ag = the gross area of that wall in which Ao is identified, in
ft2 (m2)."
"BUILDING, PARTIALLY ENCLOSED is a building that complies
with both of the following conditions:
1. The total area of openings in a wall that receives positive
external pressure exceeds that sum of the areas of openings
in the balance of the building envelope (walls and roof) by
more than 10 percent; and
2. The total area of openings in a wall that receives positive
external pressure exceeds 4 ft2 (0.37 m2) or 1 percent of the
area of that wall, whichever is smaller, and the percentage of
openings in the balance of the building envelope does not
exceed 20 percent.
These conditions are expressed by the following equations:
1. Ao > 1.1 Aoi
2. Ao > 4 ft2 (0.37 m2) or > 0.01 Ag, whichever is smaller, and
Aoi/Agi < 0.20
Where:
Ao, Aq are defined for open building.
Aoi = the sum of the areas of openings in the building
envelope (walls and roof) not including Ao, in ft2 (m2).
Agi = the sum of the gross surface areas of the building
envelope (walls and roof) not including Ag, in ft2 (m2)."
"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. Carports not open on two or more
sides shall be considered to be a garage."
"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."
SUPP.11 (1-2022) 5B-6
RESIDENTIAL BUILDING CODE § 5B-2-1
"PRIVATE GARAGE or GARAGE. A building or portion of a building
in which motor vehicles used by the tenants of the building or
buildings on the premises are stored or kept, without provisions for
repairing or servicing such vehicles for profit."
"SLEEPING UNIT. A single unit that provides rooms or spaces for one
or more persons, includes permanent provisions for sleeping and can
include provisions for living, eating, and either sanitation or kitchen
facilities but not both. Such rooms and spaces that are also part of a
dwelling unit are not sleeping units."
(4) Section R202, "Definitions," of the International Residential Code is amended
by amending the following definitions to read 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 and/or requires, the
definitions of "building" as used in the following 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, the energy conservation code; and 5F, the plumbing code; are
incorporated by reference herein."
"BUILDING OFFICIAL. The director of the County department of
public works or the director's authorized representative."
(5) Subsection R301.1.1, "Alternative provisions," of the International Residential
Code is amended to read as follows:
"R301.1.1 Alternative provisions. As an alternative to the
requirements in Section R301.1, the following standards are permitted
subject to the limitations of this code and the limitations therein.
Where engineered design is used in lieu of or in conjunction with these
standards, the design shall comply with the Building Code, Chapter
5A, Hawai`i County Code.
1. AWC Wood Frame Construction Manual (WFCM) 2018.
5B-7 SUPP.11 (1-2022)
5B-2-1 HAWAI`I COUNTY CODE
2. AISI Standard for Cold -Formed Steel Framing —Prescriptive
Method for One- and Two -Family Dwellings (AISI S230 -
2015).
3. ICC Standard for Residential Construction in High -Wind
Regions (ICC 600-14)."
(6) Subsection R301.1.3, "Engineered design," of the International Residential
Code is amended to read as follows:
"R301.1.3 Engineered design. When a building of otherwise
conventional construction contains structural elements exceeding the
limits of Section R301 or otherwise not conforming to this code, these
elements shall be designed in accordance with accepted engineering
practice using the Alternative Provisions listed in R301.1.1. The
extent of such design need only demonstrate compliance of
nonconventional elements with other applicable provisions and shall
be compatible with the performance of the conventional framed
system. Engineered design in accordance with the Building Code,
Chapter 5A, Rawal`i County Code, is permitted for all buildings and
structures, and parts thereof, included in the scope of this code."
(7) Section R301, "Design Criteria," of the International Residential Code is
amended by adding subsection 301.1.4, "Complete load path and uplift ties," to
read as follows:
"R301.1.4 Complete load path and uplift ties. Blocking, bridging,
straps, approved framing anchors, or mechanical fasteners shall be
designed and installed to provide continuous ties from the roof to the
foundation system.
Sheet metal clamps, ties, or clips, must be formed of galvanized steel
or other approved corrosion -resistant material not less than 0.040 inch
(1.01 mm) nominal thickness. Uplift resistance shall be in accordance
with Table R802.11."
SUPP.11 (1-2022) 5B-8
RESIDENTIAL BUILDING CODE § 5B-2-1
(8) Table R301.2(1), "Climatic and Geographic Design Criteria," of the
International Residential Code is deleted in its entirety and replaced with the
following:
"TABLE R301.2(1)
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
WIND
SPEED
(mph)
SEISMIC
DESIGN
CATEGORY
SUBJECT TO DAMAGE FROM
FLOOD
HAZARDS
Weathering
Termite
Decay
Per
Very
Moderate
FEMA or
F gure
D2 or E
Negligible
Heavy
to severe
Chapter 27
R301.2 8
HCC"
(9) Subsection 301.2.1, "Wind design criteria," of the International Residential
Code is amended to read as follows:
"R301.2.1 Wind design criteria. Buildings and portions thereof
shall be constructed in accordance with the wind provisions of this
code provided that the ultimate design wind speed, VuLT, as
determined from Figure R301.2(5)A, is less than 130 mph. The
structural provisions of this code for wind loads are not permitted
where wind design is required when VuLT, determined from Figure
R301.2(5)(A), is equal to or greater than 130 mph. Where different
construction methods and structural materials are used for various
portions of a building, the applicable requirements of this section for
each portion shall apply. Where not otherwise specified, the wind
loads listed in Table R301.2(2) adjusted for height and exposure using
Table R301.2(3) shall be used to determine design load performance
requirements for wall coverings, curtain walls, roof coverings, exterior
windows, skylights, garage doors and exterior doors. Asphalt shingles
shall be designed for wind speeds in accordance with Section R905.2.4.
A continuous load path shall be provided to transmit the applicable
uplift forces in Section R802.11.1 from the roof assembly to the
foundation. The ultimate design wind speed, VuLT, in the State
Residential Code is equal to the basic design wind speed, V, in the
Building Code, Chapter 5A, Hawai`i County Code.
5B-9 SUPP.11 (1-2022)
5B-2-1 HAWAI`I COUNTY CODE
(10) Subsection R301.2.1.1, "Wind limitations and wind design required," of the
International Residential Code is amended to read as follows:
"R301.2.1.1 Wind limitations and wind design required. The
wind provisions of this code shall not apply to the design of buildings
where wind design is required in accordance with Subsection
R301.2.1.
Exceptions:
1. For concrete construction, the wind provisions of this code
shall apply in accordance with the limitations of Sections
R404 and R608.
2. For structural insulated panels, the wind provisions of this
code shall apply in accordance with the limitations of Section
R610.
3. For cold -formed steel light -frame construction, the wind
provisions of this code shall apply in accordance with the
limitations of Sections R505, R603 and R804.
In regions where wind design is required in accordance with
Subsection R301.2.1, the design of buildings for wind loads shall be in
accordance with one or more of the following methods:
1. AWC Wood Frame Construction Manual (WFCM) 2018.
2. ICC Standard for Residential Construction in High -Wind
Regions (ICC 600-14).
3. AISI Standard for Cold -Formed Steel Framing —Prescriptive
Method for One- and Two -Family Dwellings (AISI S230-
2015).
4. The Building Code, Chapter 5A, Rawai`i County Code.
The elements of design not addressed by the methods in Items 1
through 4 shall be in accordance with the provisions of this code.
Where wind design is required and design is in accordance with the
methods in Items 1 through 3, the building must be provided with
opening protection for windborne debris. Options for opening
protection or alternatives to opening protection shall be in accordance
with the Building Code, Chapter 5A, Rawai`i County Code."
SUPP.11 (1-2022) 5B-10
RESIDENTIAL BUILDING CODE § 5B-2-1
(11) Subsection R301.2.1.2, "Protection of openings" of the International
Residential Code is amended to read as follows:
"R301.2.1.2 Protection of openings. Exterior glazing in buildings
located in windborne debris regions shall be protected from windborne
debris. Glazed opening protection for windborne debris shall meet the
requirements of the Large Missile Test of ASTM E1996 and ASTM
E1886 as modified in Section 301.2.1.2.1.
Exceptions:
1. Wood structural panels with a minimum thickness of 7/16
inch (11 mm) and a maximum panel span of 8 feet (2438 mm)
are permitted for opening protection in one- and two-story
buildings classified as Group R-3 or R-4 occupancy. Panels
shall be precut so that they are attached to the framing
surrounding the opening containing the product with the
glazed opening. Panels shall be predrilled as required for the
anchorage method and shall be secured with the attachment
hardware provided and anchors permanently installed on the
building. Attachment in accordance with Table R301.2.1.2
with corrosion -resistant attachment hardware provided and
anchors permanently installed on the building is permitted
for buildings with a mean roof height of 45 feet (13 728 mm)
or less, where the ultimate design wind speed, V,ir is 180 mph
(290 kph) or less.
2. Glazing in accessory structures to the single family dwellings
including but not limited to greenhouses and minor storage
sheds.
3. Partially enclosed and open occupancy R-3 buildings shall be
permitted to be designed without unprotected openings
subject to the following requirements.
3.1. For each direction of wind, determination of enclosure
classification shall be based on the assumption that all
unprotected glazing on windward walls are openings
while glazing on the remaining walls and roof are intact
and are not assumed to be openings.
3.2. Partially enclosed and open occupancy R-3 buildings
without wind-borne debris protection shall also include a
residential safe room in accordance with Section 429,
Hawaii residential safe room, of the Building Code,
Chapter 5A, Hawai`i County Code, or alternatively
provide an equivalently sized room structurally protected
by construction complying with Section 429.5, of the
Building Code, Chapter 5A, Hawai`i County Code."
5B-11 SUPP.11 (1-2022)
5B-2-1 HAWAI`I COUNTY CODE
(12) Table R301.2.1.2, "Windborne debris protection fastening schedule for wood
structural panels," of the International Residential Code is deleted in its
entirety and replaced with the following:
"TABLE R301.2.1.2
WINDBOURNE DEBRIS PROTECTION FASTENING
SCHEDULE FOR WOOD STRUCTURAL PANELS a,b,,,,d
Fastener Spacing
Fastener Type
panel span
4 feet < Panel
6 feet < Panel
< 4 feet
span < 6 feet
Span
< 8 feet
No. 8 Wood screw based
161,
10"
8"
anchor with 2-inch embedment
length
No. 10 Wood screw based
161,
12"
9"
anchor with 2-inch embedment
length
1/4-inch lag screw based
161,
16"
161,
anchor with 2-inch embedment
length
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 pound = 4.448N = 0.454 kg, 1 mile per hour = 0.447 m/s = 1.609
km/h.
a. This table is based on a 175 mph ultimate design wind speed and a mean roof height of 45 feet.
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.
C. Anchors shall penetrate through the exterior wall covering with an embedment length of 2 inches
minimum into the building frame. Fasteners shall be located a minimum of 2-1/2 inches from the
edge of concrete block or concrete.
d. Where panels are attached to masonry or masonry/stucco, they shall be attached utilizing vibration -
resistant anchors having a minimum withdrawal capacity of 1,500 pounds."
(13) Figure R301.2(5)(a) "Ultimate Design Wind Speeds" of the International
Residential Code is deleted in its entirety and replaced with Figure
R301.2(5)(a) County of Hawaii Ultimate Wind Speed, VuLT, for Components
and Cladding, to read as follows:
SUPP.11 (1-2022) 5B-12
RESIDENTIAL BUILDING CODE § 5B-2-1
Ultimate Wind Speed (mph)
110
Land Use
...,.....�� 120
Agriculture
130
` Conservations
140
Rural
�' rro 15
ft ✓'
roan _.. �.. 160
w � �
170
180
--
- 190
210
220
BP
0 5 10 20 Miles
7
Effective Wired Speed Contour for the Island of Hawaii (ASCE 7-2010)
(tor components and cladding with mean roof height less than or equal to 100ft, tusk Category fl)
Figure R301.2(5)(a)
County of Hawaii
Ultimate Wind Speed, VULT, for Components and Cladding
5B-13 SUPP.11 (1-2022)
5B-2-1 HAWAI`l COUNTY CODE
(14) Figure R301.2(5)(b) "Regions Where Wind Design is Required" of the
International Residential Code is deleted in its entirety and replaced with
Figure R301.2(5)(b) "County of Hawaii Ultimate Wind Debris Zone," to read as
follows:
(Ultimate) Basic Wind Speed (mph, IBC 2018)
110
120
van
Vk
Figure R301.2(5)(b)
County of Hawaii Ultimate Wind Debris Zone
SUPP.11 (1-2022) 5B-14
3riis Zane
RESIDENTIAL BUILDING CODE § 5B-2-1
(15) Subsection R301.2.1.4, "Exposure category," of the International Residential
Code is deleted in its entirety and replaced with the following:
"R301.2.1.4 Exposure Category. The exposure category shall be
determined from Figure R301.2.1.4(a) or using the provisions of
ASCE 7-10."
(16) Section R301, "Design Criteria," of the International Residential Code is
amended by adding Figure R301.2.1.4(a), "Exposure Category Zones for
Hawaii County," to read as follows:
5B-15 SUPP.11 (1-2022)
§ 5B-2-1 HAWAI'I COUNTY CODE
Notes:
1. Intermediate exposures, between categories B and C and between C and D, are permitted when substantiated
per ASCE 7 recognized methodology.
2. Sites located within the C (coastal) zone shall be permitted to be evaluated for exposure category B for the wind
directions where an adjacent B zone exists in the applicable upwind sector.
3. Sites located within 600 feet from the coastline shall be exposure category D for onshore wind directions.
4. For buildings whose height is equal to or greater than 130 ft, exposure category shall be determined per Section 1609.4.1.
5, For buildings whose mean roof height is less than or equal to 30 ft, exposure category shall be permitted to be evaluated
per Section 1609.4,
Figure R301.2.1.4(a)
Exposure Category Zones for Hawaii County
SUPP. 11 (1-2022) 5B- 16
RESIDENTIAL BUILDING CODE § 5B-2-1
(17) Subsection R301.2.1.5, "Topographic wind effects," of the International
Residential Code is deleted in its entirety and replaced with the following:
"R301.2.1.5 Topographic wind effects. Topographic wind speed
effects shall be considered in the design of the building. Buildings
designed using the ultimate wind speed as determined from Figures
R301.2(5)(a) and wind exposure categories determined in accordance
with section R301.2.1.4 shall be deemed to comply with this section."
(18) Subsection R301.2.1.5.1, "Simplified topographic wind speed-up method," of
the International Residential Code is deleted in its entirety.
(19) Section R301, "Design Criteria," of the International Residential Code is
amended by adding Table R301.2(4), "Determination of Seismic Design
Category by Location -Site Class D," to read as follows:
Table R301.2(4)
Determination of Seismic Design Category by Location -Site Class D
Seismic
Location
Design
Category
Hawaii: North and South Kohala, Hamakua, & North Hilo Districts
D2
All other Hawaii County Districts
E
(20) Subsection R301.2.2.1, "Determination of seismic design category," of the
International Residential Code is amended to read as follows:
"R301.2.2.1 Determination of seismic design category. Buildings
shall be assigned a seismic design category in accordance with Table
R301.2(4) or Figure R301.2(2).
(21) Subsection R301.2.2.1.1, "Alternate determination of seismic design category,"
of the International Residential Code is deleted in its entirety.
(22) Subsection R301.2.2.6, "Irregular buildings," of the International Residential
Code is amended to read as follows:
"R301.2.2.6 Irregular buildings. "The seismic provisions of this
code shall not be used for structures, or portions thereof, located in
Seismic Design Categories Do, Di and D2 and considered to be
irregular in accordance with this section. A building or portion of a
building shall be considered to be irregular where one or more of the
5B-17 SUPP.11 (1-2022)
5B-2-1 HAWAI`l COUNTY CODE
conditions defined in Items 1 through 7 occur. Irregular structures, or
irregular portions of structures, shall be designed in accordance with
the Building Code, Chapter 5A, Hawai`i County Code, to the extent
the irregular features affect the performance of the remaining
structural system. Where the forces associated with the irregularity
are resisted by a structural system designed in accordance with the
Building Code, Chapter 5A, Hawai`i County Code, the remainder of
the building shall be permitted to be designed using the provisions of
this code.
Shear wall or braced wall offsets out of plane. Conditions
where exterior shear wall lines or braced wall panels are not in
one plane vertically from the foundation to the uppermost story in
which they are required see Figure R301.2.2.6(1).
f...._..._...m..m. m._...m _m........... OUT OF PLANE
OFFSET IN EXTERIOR �',
BRACED WALL PANELS
1 L-]
SECTION VIEW SECTION VIEW
Figure R301.2.2.6(1)
Braced Wall Panels Out of Plane
Exception: For wood light -frame construction, floors with
cantilevers or setbacks not exceeding four times the nominal
depth of the wood floor joists, see Figure R301.2.2.6(2), are
permitted to support braced wall panels that are out of plane
with braced wall panels below provided that all of the
following are satisfied:
1. Floor joists are nominal 2 inches by 10 inches (51 mm by
254 mm) or larger and spaced not more than 16 inches
(406 mm) on center.
2. The ratio of the back span to the cantilever is not less
than 2 to 1.
3. Floor joists at ends of braced wall panels are doubled.
SUPP.11 (1-2022) 5B-18
RESIDENTIAL BUILDING CODE § 5B-2-1
4. For wood -frame construction, a continuous rim joist is
connected to ends of cantilever joists. Where spliced, the
rim joists shall be spliced using a galvanized metal tie
not less than 0.058 inch (1.5 mm) (16 gage) and 1-1/2
inches (38 mm) wide fastened with six 16d nails on each
side of the splice; or a block of the same size as the rim
joist and of sufficient length to fit securely between the
joist space at which the splice occurs, fastened with eight
16d nails on each side of the splice.
5. Gravity loads carried at the end of cantilevered joists are
limited to uniform wall and roof loads and the reactions
from headers having a span of 8 feet (2438 mm) or less.
CANTILEVERISET BACK
SHALL ONLY SUPPORT ROOF
AND WALL WEIGHT
4'-Q"
wt2x 12
SECTION THRU CANTILEVER
SECTION THRU SET BACK
Figure R301.2.2.6(2)
Braced Wall Panels Supported by Cantilever or Setback
5B-19 SUPP.11 (1-2022)
5B-2-1 HAWAI`I COUNTY CODE
2. Lateral support of roofs and floors. Conditions where a
section of floor or roof is not laterally supported by shear walls
or braced wall lines on all edges. See Figure R301.2.2.6(3).
DASHED LINE INDICATES BRACED
WALL LINIE BELOW
-------- ------------ ------------ -----------
-------------
THERE IS NO BRACED WALL LINE
------
ON THIS EDGE OF THE ROOF
PLAN VIEW
Figure R301.2.2.6(3)
Floor or Roof Not Supported on all Edges
Exception: Portions of floors that do not support shear
walls, braced wall panels above, or roofs shall be permitted to
extend not more than 6 feet (1829 mm) beyond a shear wall
or braced wall line. See Figure R301.2.2.6(4).
ROOF OR FLOOR SHALL BE PERMITTED
TO EXTEND UP TO 6'' BEYOND
THE BRACED WALL LINE
NO BRACED WALL PANEL ABOVE
PERMITTED AT THIS LOCATION
t
PLAN VIEW
Figure R301.2.2.6(4)
Roof or Floor Extension Beyond Braced Wall Line
SUPP.11 (1-2022) 5B-20
RESIDENTIAL BUILDING CODE § 5B-2-1
3. Shear wall or braced wall offsets in plane. Conditions where
the end of a braced wall panel occurs over an opening in the wall
below and extends more than 1 foot (305 mm) horizontally past
the edge of the opening. This provision is applicable to shear walls
and braced wall panels offset in plane and to braced wall panels
offset out of plane in accordance with the exception to Item 1. See
Figure R301.2.2.6(5).
REQUIRED BRACED
WALL PANEL
C - ----- -
` ------ L --- --
MORE THAN 1'-0"
EXTERIOR ELEVATION EXTERIOR ISOMETRIC
Figure R301.2.2.6(5)
Braced Wall Panel Extension Over Opening
Exception: For wood light -frame wall construction, one end
of a braced wall panel shall be permitted to extend more than
1 foot (305 mm) over an opening not more than 8 feet (2438
mm) in width in the wall below provided that the opening
includes a header in accordance with all of the following:
1. The building width, loading condition and framing
member species limitations of Table R602.7(1) shall
apply.
2. The header is composed of:
2.1. Not less than one 2 x 12 or two 2 x 10 for an opening
not more than 4 feet (1219 mm) wide.
2.2. Not less than two 2 x 12 or three 2 x 10 for an
opening not more than 6 feet (1829 mm) in width.
2.3. Not less than three 2 x 12 or four 2 x 10 for an
opening not more than 8 feet (2438 mm) in width.
3. The entire length of the braced wall panel does not occur
over an opening in the wall below.
5B-21 SUPP.11 (1-2022)
§ 5B-2-1
HAWAI`I COUNTY CODE
4. Floor and roof opening. Conditions where an opening in a floor
or roof exceeds the lesser of 12 feet (3658 mm) or 50 percent of the
least floor or roof dimension. See Figure R301.2.2.6(6).
MORE THAN b112
l 1S IRREGULAR
-------------
PLAN VIEW
PLAN VIEW
Figure R301.2.2.6(6)
Opening Limitations for Floor and Roof Diaphragms
5. Floor level offset. Conditions where portions of a floor level are
vertically offset. See Figure R301.2.2.6(7).
Exceptions:
1. Framing supported directly by continuous foundations at
the perimeter of the building.
2. For wood light -frame construction, floors shall be
permitted to be vertically offset where the floor framing
is lapped or tied together as required by Section
R502.6.1.
rigure nou1.L.L."k1)
Portions of Floor Level Offset Vertically
SUPP.11 (1-2022) 5B-22
RESIDENTIAL BUILDING CODE § 5B-2-1
6. Perpendicular shear wall and wall bracing. Conditions
where shear walls and braced wall lines do not occur in two
perpendicular directions. See Figure R301.2.2.6(8).
PE1RPEN WALL LINES ARE NOT
PERPENDICULAR
PLAN VIEW
Figure R301.2.2.6(8)
Braced Wall Lines Not Perpendicular
Wall bracing in stories containing masonry or concrete
construction. Conditions where stories above grade plane are
partially or completely braced by wood wall framing in accordance
with Section R602 or cold -formed steel wall framing in accordance
with Section R603 include masonry or concrete construction.
Where this irregularity applies, the entire story shall be designed
in accordance with the Building Code, Chapter 5A, Hawai`i
County Code.
Exceptions: Fireplaces, chimneys and masonry veneer in
accordance with this code.
5B-23 SUPP.11 (1-2022)
5B-2-1 HAWAI`I COUNTY CODE
(23) Subsection R303.1, "Habitable rooms," of the International Residential Code is
amended to read as follows:
"R303.1 Habitable rooms. All habitable rooms shall have an
aggregate glazing area of not less than 10 percent of the floor area of
such rooms. Natural uentilation shall be through windows, doors,
louvers, or other approued openings to the outdoor air. Such openings
shall be provided with ready access or shall otherwise be readily
controllable by the building occupants. Unless required otherwise by
the Energy Conservation Code, Chapter 5E, Hawal`i County Code, the
minimum openable area to the outdoors shall be 5 percent of the floor
area being ventilated.
Exceptions:
1. The glazed areas need not be openable where the opening is
not required by section R310 and a whole -house mechanical
uentilation system is installed in accordance with Section
M1505.
2. The glazed areas need not be installed in rooms where
Exception 1 above is satisfied and artificial light is provided
that is capable of producing an average illumination of 6
footcandles (65 lux) over the area of the room at a height of 30
inches (762 mm) above the floor level.
3. Use of sunroom and patio covers, as defined in Section R202,
shall be permitted for natural uentilation if in excess of 65
percent of the exterior sunroom walls are open, or are
enclosed only by insect screening."
(24) Subsection R303.3, "Bathrooms," of the International Residential Code is
amended to read as follows:
"R303.3 Bathrooms. Bathrooms, water closet compartments, laundry
rooms, and other 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 1 '/2 square feet."
Exception: The glazed areas shall not be required where artificial
light and a local exhaust system are provided. The minimum local
exhaust rates shall be determined in accordance with Section M1505.
Exhaust air from the space shall be exhausted directly to the
outdoors."
SUPP.11 (1-2022) 5B-24
RESIDENTIAL BUILDING CODE § 5B-2-1
(25) Subsection R309.3, "Flood hazard areas," of the International Residential Code
is amended to read as follows:
"R309.3 Flood hazard areas. Buildings located within areas of
special flood hazards pursuant to Chapter 27, Hawai`i County Code,
shall be designed and constructed in accordance with Chapter 27,
Hawaii County Code."
(26) Subsection R310.2.1, "Minimum opening area," of the International
Residential Code is amended to read as follows:
"R310.2.1 Minimum opening area. Emergency and escape rescue
openings shall have a net clear opening of not less 5.7 square feet
(0.530 m'). The net clear opening dimensions required by this section
shall be obtained by the normal operation of the emergency escape
and rescue opening from the inside. The net clear height of the
opening shall be not less than 24 inches (610 mm) and the net clear
width shall be not less than 20 inches (508 mm).
Exceptions:
1. Grade floor openings or below -grade openings shall have a net
clear opening area of not less than 5 square feet (0.465 m2).
2. Glass jalousie bladed windows may be used for emergency
escape or rescue.
(27) Subsection R313.2, "One -and two-family dwellings automatic fire sprinkler
systems," is amended to read as follows:
"An automatic residential fire sprinkler system shall be installed in
one- and two-family dwellings.
Exceptions:
1. An automatic residential fire sprinkler system shall not be
required for additions or alterations to existing buildings that
are not already provided with an automatic residential
sprinkler system.
5B-25 SUPP.11 (1-2022)
5B-2-1 HAWAI`l COUNTY CODE
2. In accordance with section 46-19.8, Hawaii Revised Statutes,
"Fire sprinklers; residences," until June 30, 2027 the
installation or retrofitting of automatic fire sprinklers or an
automatic fire sprinkler system shall not be required in:
2.1 Any new or existing detached one- or two-family dwelling
unit in a structure used only for residential purposes;
and
2.2 Nonresidential agricultural and aquacultural buildings
and structures located outside an urban area.
Provided that Exception 2 shall not apply to new homes that require a
variance from access road or firefighting water supply requirements."
(28) Subsection R317.1, "Location required," of the International Residential Code
is amended by amending the first paragraph of this subsection to read as
follows: (Paragraphs numbered 1 through 7 that follow this paragraph, shall
remain unchanged.)
"R317.1 Location required. Protection of wood and wood -based
products from decay shall be provided in the following locations by the
use of naturally durable wood as approved by the building official, or
wood that is preservative -treated in accordance with AWPA U1 for the
species, product, preservative and end use. Preservatives shall be
listed in Section 4 of AWPA U1."
(29) Subsection R318.1, "Subterranean termite control methods," of the
International Residential Code is amended to read as follows:
"R318.1 Subterranean termite control methods. Methods of
protection shall be one of items 1, 2 or 3 and one of items 4, 5, or 6.
1. Chemical termiticide, as provided in Section R318.2.
2. Termite -baiting system installed and maintained according to
the label.
3. Physical barriers, as provided in Section R318.3 and used in
locations as specified in Section R317.1.
4. Pressure -preservative -treated wood in accordance with
Section R317.1.
5. Cold -formed steel framing in accordance with Sections
R505.2.1 and R603.2.1.
6. Naturally durable termite -resistant wood as approved by the
building official."
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RESIDENTIAL BUILDING CODE § 5B-2-1
(30) Subsection R318.4, "Foam plastic protection," of the International Residential
Code is amended to read as follows:
"R318.4 Foam plastic protection. Extruded and expanded
polystyrene, polyisocyanurate and other foam plastics shall not be
installed on the exterior face or under interior or exterior foundation
walls or slab foundations located below grade. The clearance between
foam plastics installed above grade and exposed earth shall not be less
than 6 inches (152 mm).
Exception: On the interior side of basement walls."
(31) Section R318, "Protection Against Subterranean Termites," of the
International Residential Code is amended by adding Subsection R318.5,
"Water splash," to read as follows:
"R318.5 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."
(32) Section R318, "Protection Against Subterranean Termites," of the
International Residential Code is amended by adding Subsection R318.6, "Pipe
and other penetrations," to read as follows:
"R318.6 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, or other approved physical barrier."
(33) Subsection R320.1, "Scope," of the International Residential Code is amended
to read as follows:
"R320.1 Scope. Where there are four or more dwelling units or
sleeping units in a single structure, the following provisions for Group
R-3 apply:
1. For construction of buildings or facilities of the State and
County governments, compliance with Section 103-50,
Hawaii Revised Statutes, administered by the Disability and
Communication Access Board, State of Hawaii.
2. Department of Justice's Americans with Disabilities Act
Standards for Accessible Design.
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3. Housing and urban development recognized "safe harbors" for
compliance with the Fair Housing Acts design and construction
requirements.
4. Other pertinent laws relating with 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 will be complied with."
(34) Subsection R322.2, "Flood hazard areas (including A Zones)," of the
International Residential Code is amended to read as follows:
"R322.2 Flood hazard areas (including A Zones). Buildings
located within areas of special flood hazards pursuant to Chapter 27,
Hawaii County Code, shall be designed and constructed in accordance
with Chapter 27, Hawal`i County Code."
(35) Section R323, "Storm Shelters" of the International Residential Code, is
amended to read as follows:
"SECTION R323
HAWAI`I RESIDENTIAL SAFE ROOMS
R323.1 General. This section applies to storm shelters where
constructed as separate detached buildings or where constructed as
safe rooms within buildings for the purpose of providing refuge from
storms that produce high winds, such as tornados and hurricanes. In
addition to other applicable requirements in this code, storm shelters
shall be constructed in accordance with ICC/NSSA-500 or Subsection
R323.2.
R323.2 Performance -based design criteria. The residential safe
room shall meet the minimum performance specifications of Sections
323.2.1 through 323.11.
R323.2.1 Intent and scope. The intent of the residential safe room
is to temporarily provide an enhanced protection area, fully enclosed
within a dwelling or within an accessory structure to a residence,
which is designed and constructed to withstand the wind pressures,
windborne debris impacts, and other requirements of this section.
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R323.2.2 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 in -residence shelter designs permitted. It shall be
permissible to build FEMA In -Residence 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.
R323.3 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 " W 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; or
3. Areas subject to dam failure inundation as determined by the
Department of Land and Natural Resources.
R323.4 Size of safe room. The safe room shall be designed to
provide a minimum of 15 square feet per person in a room which does
not need to exceed 120 square feet (11 m2) of floor area.
R323.5 Provisions for exiting. The safe room shall be equipped
with an inward -swinging interior door and an impact -protected
operable window or exterior door suitable for a means of alternative
exiting in an emergency.
R323.6 Design for dead, live, wind, rain, and impact loads.
R323.6.1 Structural integrity criteria.
1. The residential 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 residential safe room is in 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.
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4. The residential safe room enclosure shall be capable of
simultaneously resisting lateral and uplift wind pressures
corresponding to a 145 mph 3-second peak gust ultimate design
wind speed, determined in accordance with ASCE — 7, Minimum
Design Loads for Buildings and Other Structures. The site
exposure factor shall be based on exposure C or the exposure
shown in Figure R301.2.1.4(a), whichever is the greater. The
values for 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 residential safe room shall be anchored to a foundation
system capable of resisting the above loading conditions.
R323.6.2 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 323.6.1), or be an approved
assembly listed in Section 323.6.4. Any wall or ceiling penetration
greater than 4 square inches shall be considered an opening.
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.
R323.6.3 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 323.6.1.
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RESIDENTIAL BUILDING CODE § 5B-2-1
Table 323.6.1
WINDBORNE DEBRIS PROTECTION AND CYCLIC PRESSURE
CRITERIA FOR RESIDENTIAL SAFE ROOMS
Enclosure Wall
ASTM E
Ceiling, and Floor
1996
Debris Missile
Debris
Cyclic Air Pressure
Missile
Size
Impact
Testing - maximum
Level
Speed
inward and
Rating
maximum outward
pressures
2 x 4 weighing 9.0
lb. +/- 0.25 lb.,
50 ft./sec.
35 psf inward
D
and with min.
or at least
45 psf outward
length 8 ft.
34 mph
+/- 4-inch
R323.6.2 Approved debris impact resistant wall assemblies.
The following methods of wall assembly construction shall be deemed
to comply with Section R323.6.2:
1. 3/4-inch plywood on wood studs spaced at 16 inches on -center
with #8 X 3 inch wood screws at 6 inches on -center.
2. 3/4-inch plywood attached to double studs spaced at 16 inches on -
center with #8 X 3 inch wood screws at 6 inches on -center.
3. 8-1/4 inch cementitious lap siding over 22 gage sheet metal
attached to 350S-162-33 studs spaced at 24 inches on -center.
4. 8-1/4 inch cementitious lap siding attached to 350S-162-33 studs
spaced at 24 inches on -center studs with interior 3/4-inch interior
plywood sheathing.
5. 8-1/4 inch cementitious lap siding attached to 350S-162-33 studs
spaced at 24 inches on -center with 1/2-inch interior 22 gage sheet
metal composite gypsum wallboard.
6. 8-1/4 inch cementitious lap siding attached to 2 inch X 4 inch
wood studs spaced at 16 inches on -center with 1/2-inch interior 22
gage sheet metal composite gypsum wallboard.
7. 8-1/4 inch cementitious lap siding attached to 2 inch X 4 inch
wood studs spaced at 16 inches on -center with 22 gage sheet
metal and 1/2-inch interior gypsum wallboard.
8. Cementitious lap siding attached to 5/8-inch structural plywood
on 2 inch X 4 inch wood studs spaced at 16 inches on -center.
9. Cementitious-panel siding attached to 5/8-inch structural plywood
on 2 inch X 4 inch or 362S-137-43 steel studs spaced at 16 inches
on -center.
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10. EFS with 1/2-inch dens -glass gold exterior sheathing on 3625-
137-43 steel studs spaced at 16 inches on -center and 1/2-inch
interior gypsum wallboard.
11. 24 gage steel sheet (50 ksi) on girts.
12. Concrete with a thickness of 4 inches with reinforcing.
13. Concrete masonry units with a thickness of 6 inches with partial
grouting and reinforcing spaced at 24 inches on -center.
14. Concrete masonry units with a thickness of 8 inches with partial
grouting and reinforcing spaced at 24 inches on -center.
15. Interior or exterior wall with laterally braced 2 inch x 4 inch wood
studs with sheathing on either side of 22 gage sheet metal.
Sheathing shall be attached to studs with fasteners at 6 inches
(152 mm) on center for edge and field fastening.
R323.7 Ventilation. The residential safe room shall be naturally
ventilated to allow the enclosure to have approximately one air change
every two 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 1996-14 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.
R323.8 Communications. The residential 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.
R323.9 Construction documents. Construction documents for the
residential safe room shall be directly prepared by a Hawaii licensed
professional structural engineer.
R323.10 Special inspection. The construction or installation of the
residential safe room shall be verified for conformance to the drawings
in accordance with the appropriate requirements of Chapter 17 of the
International Building Code.
R323.11 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."
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RESIDENTIAL BUILDING CODE § 5B-2-1
(36) Section R326, "Swimming Pools, Spas and Hot Tubs" of the International
Residential Code, is amended to read as follows:
"R326.1 General. Swimming pools shall comply with the
requirements of sections R326.2 through R326.4 and other applicable
sections of this code.
R326.2. Definition. "SWIMMING POOL" shall, for the purposes of
this section, have the following meaning: "Any structure intended for
swimming, recreational bathing or wading that contains water over 24
inches (610 mm) deep. This includes in -ground, above -ground and on -
ground pools; hot tubs; spas and fixed -in -place wading pools."
R326.3 Residential swimming pools. Residential swimming pools
shall comply with Sections R326.3.1 through R326.3.4.
Exception: A swimming pool with a power safety cover or a spa with
a safety cover complying with ASTM F 1346 need not comply with
Section R326.3.
R326.3.1 Barrier height and clearances. The top of the barrier
shall be at least 48 inches (1219 mm) above grade measured on the
side of the barrier that faces away from the swimming pool. The
vertical clearance between grade and the bottom of the barrier shall
be not greater than 2 inches (51 mm) measured on the side of the
barrier that faces away from the swimming pool. Where the top of the
pool structure is above grade, the barrier is authorized to be at ground
level or mounted on top of the pool structure, and the vertical
clearance between the top of the pool structure and the bottom of the
barrier shall be not greater than 4 inches (102 mm).
R326.3.1.1 Openings. Openings in the barrier shall not allow
passage of a 4-inch-diameter (102 mm) sphere.
R326.3.1.2 Solid barrier surfaces. Solid barriers which do not have
openings shall not contain indentations or protrusions except for
normal construction tolerances and tooled masonry joints.
R326.3.1.3 Closely spaced horizontal members. Where the barrier
is composed of horizontal and vertical members and the distance
between the tops of the horizontal members is less than 45 inches
(1143 mm), the horizontal members shall be located on the swimming
pool side of the fence. Spacing between vertical members shall be not
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greater than 1.75 inches (44 mm) in width. Where there are decorative
cutouts within vertical members, spacing within the cutouts shall be
not greater than 1.75 inches (44 mm) in width.
R326.3.1.4 Widely spaced horizontal members. Where the barrier
is composed of horizontal and vertical members and the distance
between the tops of the horizontal members is 45 inches (1143 mm) or
more, spacing between vertical members shall be not greater than 4
inches (102 mm). Where there are decorative cutouts within vertical
members, spacing within the cutouts shall be not greater than 1.75
inches (44 mm) in width.
R326.3.1.5 Chain link dimensions. Mesh size for chain link fences
shall be not greater than a 2.25 inch square (57 mm square) unless the
fence is provided with slats fastened at the top or the bottom which
reduce the openings to not more than 1.75 inches (44 mm).
R326.3.1.6 Diagonal members. Where the barrier is composed of
diagonal members, the opening formed by the diagonal members shall
be not greater than 1.75 inches (44 mm).
R326.3.1.7 Gates. Access doors or gates shall comply with the
requirements of Sections R326.3.1.1 through R326.3.1.6 and shall be
equipped to accommodate a locking device. Pedestrian access gates
shall open outward away from the pool and shall be self -closing and
have a self -latching device. Gates other than pedestrian access gates
shall have a self -latching device. Where the release mechanism of the
self -latching device is located less than 54 inches (1372 mm) from the
bottom of the door or gate, the release mechanism shall be located on
the pool side of the door or gate at least 3 inches (76 mm) or more,
below the top of the door or gate, and the door or gate and barrier
shall be without openings greater than 0.5 inch (12.7 mm) within 18
inches (457 mm) of the release mechanism.
R326.3.1.8 Dwelling wall as a barrier. Where a wall of a dwethng
serves as part of the barrier, one of the following shall apply:
1. Doors with direct access to the pool through that wall shall be
equipped with an alarm that produces an audible warning when
the door and/or its screen, if present, are opened. The alarm shall
be listed in accordance with UL 2017. The audible alarm shall
activate within 7 seconds and sound continuously for a minimum
of 30 seconds after the door and/or its screen, if present, are
opened and be capable of being heard throughout the house
during normal household activities. The alarm shall
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RESIDENTIAL BUILDING CODE § 5B-2-1
automatically reset under all conditions. The alarm shall be
equipped with a manual means, such as touchpad or switch, to
temporarily deactivate the alarm for a single opening. Such
deactivation shall last for not more than 15 seconds. In dwellings
not required to be Accessible, Type A or Type B units, the
deactivation switch shall be located 54 inches (1372 mm) or more
above the threshold of the door. In dwellings required to be
Accessible, Type A or Type B units, the deactivation switch shall
be located not higher than 54 inches (1372 mm) and not less than
48 inches (1219 mm) above the threshold of the door.
2. The pool shall be equipped with a power safety cover that
complies with ASTM F 1346.
3. Other means of protection, such as self -closing doors with self -
latching devices, which are approued, shall be accepted so long as
the degree of protection afforded is not less than the protection
afforded by Section R326.3.1.8, Item 1 or 2.
R326.3.1.9 Pool structure as barrier. Where an aboveground pool
structure is used as a barrier or where the barrier is mounted on top
of the pool structure, and the means of access is a ladder or steps, then
the ladder or steps either shall be capable of being secured, locked or
removed to prevent access, or the ladder or steps shall be surrounded
by a barrier which meets the requirements of Sections R326.3.1.1
through R326.3.1.8. When the ladder or steps are secured, locked or
removed, any opening created shall not allow the passage of a 4-inch
diameter (102 mm) sphere.
R326.3.2 Indoor swimming pools. Walls surrounding indoor
swimming pools shall not be required to comply with Section
R326.3.1.8.
R326.3.3 Prohibited locations. Barriers shall be located so as to
prohibit permanent structures, equipment or similar objects from
being used to climb the barriers.
R326.4 Entrapment avoidance. Suction outlets shall be designed
and installed in accordance with ANSI/APSP-7."
(37) Section R401, "General," of the International Residential Code, is amended by
adding subsection R401.5, "Post or pier foundations," to read as follows:
"R401.5 Post or pier foundations. Raised floor systems supported
by post or pier foundations shall be designed in accordance with the
Building Code, Chapter 5A, Hawai`i County Code."
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(38) Subsection R402.2.1, "Materials for concrete," of the International Residential
Code is amended to read as follows:
"R402.2.1 Materials for concrete. Materials for concrete shall
comply with the requirements of Section R608.5.1. The maximum
water to cement ratio for concrete slabs -on -grade shall not exceed
0.50."
(39) Section R403, "Footings," of the International Residential Code is amended by
adding subsection R403.1.6.2, "Concrete strap type anchors," to read as
follows:
"R403.1.6.2 Concrete strap -type anchors. Concrete strap -type
anchors made out of cold -formed steel shall not be used along the
perimeter edges of a slab -on -grade where the steel does not have at
least 1-1/2 inches side cover or other adequate protection."
(40) Section R403, "Footings," of the International Residential Code is amended by
adding subsection R403.1.6.3, "Anchor bolts at the perimeter edge of a slab on
grade," to read as follows:
"R403.1.6.3 Anchor bolts at the perimeter edge of a slab -on -
grade. Anchor bolts must be hot dipped galvanized in accordance
with ASTM F2329 and have a minimum concrete side cover of 1-1/2
inches unless provisions have been made to protect the anchor bolts
from corrosion."
(41) Subsection R406.1, "Concrete and masonry foundation dampproofing," of the
International Residential Code is deleted in its entirety.
(42) Subsection R406.2, "Concrete and masonry foundation waterproofing," of the
International Residential Code is amended to read as follows:
"R406.2 Concrete and masonry foundation waterproofing.
Exterior foundation walls that retain earth and enclose interior spaces
and floors below grade shall be waterproofed from the top of the
footing to the finished grade. Walls shall be waterproofed in
accordance with one of the following:
1. Two-ply hot -mopped felts.
2. Fifty -five -pound (25 kg) roll roofing.
3. Forty -mil (1 mm) polymer -modified asphalt.
4. Sixty -mil (1.5 mm) flexible polymer cement.
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RESIDENTIAL BUILDING CODE § 5B-2-1
5. One -eighth -inch (3 mm) cement -based, fiber -reinforced,
waterproof coating.
6. Sixty -mil (1.5 mm) solvent -free liquid -applied synthetic rubber.
All joints in membrane waterproofing shall be lapped and sealed with
an adhesive compatible with the membrane.
Exception: Organic -solvent -based products such as hydrocarbons,
chlorinated hydrocarbons, ketones and esters shall not be used for ICF
walls with expanded polystyrene form material. Use of plastic roofing
cements, acrylic coatings, latex coatings, mortars and pargings to seal
ICF walls is permitted. Cold -setting asphalt or hot asphalt shall
conform to type C of ASTM D 449. Hot asphalt shall be applied at a
temperature of less than 200°F (93°C)."
(43) Subsection R406.3, "Dampproofing for wood foundations," of the International
Residential Code is amended to read as follows:
"R406.3 Waterproofing for wood foundations. Wood foundations
enclosing habitable or usable spaces located below grade shall be
waterproofed in accordance with Section R406.2."
(44) Subsection R406.3.2, "Below -grade moisture barrier," of the International
Residential Code is amended to read as follows:
"R406.3.2 Below -grade waterproofing. One of the waterproofing
systems listed in R406.2 shall be applied over the below -grade portion
of exterior foundation walls prior to backfilling. The top edge of the
waterproofing shall be bonded to the sheathing to form a seal. Film
areas at grade level shall be protected from mechanical damage and
exposure by a pressure -preservative treated lumber or plywood strip
attached to the wall several inches above finished grade level and
extending approximately 9 inches (229 mm) below grade. The joint
between the strip and the wall shall be caulked full length prior to
fastening the strip to the wall. Other coverings appropriate to the
architectural treatment may also be used. The waterproofing shall
extend down to the bottom of the wood footing plate but shall not
overlap or extend into the gravel or crushed stone footing."
(45) Subsection R406.4, "Precast concrete foundation system dampproofing," of the
International Residential Code is deleted in its entirety.
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(46) Section R406, "Foundation Waterproofing and Damp -proofing," of the
International Residential Code is amended by adding subsection R406.5, "Cold
formed steel protection of sill track," to read as follows:
"R406.5 Cold formed steel protection of sill track. Cold formed
steel framing sills that directly bear on concrete or masonry that is in
direct contact with earth shall be shielded along the exterior flange
and bottom of the sill track with a self -adhered rubberized asphalt
flashing material with a minimum thickness of 25 mil (0.64 mm) or
other moisture barrier conforming to ASTM D412, D570, and
E96/E96M."
(47) Section R408, "Under -Floor Space," of the International Residential Code is
amended by adding subsection R408.8, "Under -floor clearance," to read as
follows:
"R408.8 Under -Floor Clearance. Minimum clearance between the
bottom of floor joists or bottom of floors without joists and the ground
beneath is 24 inches (610 mm); the minimum clearance between the
bottom of girders and the ground is 18 inches (457 mm).
Exception: Open slat wood decks must have ground clearance of at
least 6 inches (152 mm) for any wood member."
(48) Subsection R602.10.9, "Braced wall panel support," of the International
Residential Code shall be amended to read as follows:
"R602.10.9 Braced wall panel support. Braced wall panel support
shall be provided as follows:
1. Cantilevered floor joists complying with Section R502.3.3 shall be
permitted to support braced wall panels.
2. Raised floor system post or pier foundations supporting braced
wall panels shall be designed in accordance with the Building
Code, Chapter 5A, Hawai`i County Code.
3. Masonry stem walls with a length of 48 inches (1219 mm) or less
supporting braced wall panels shall be reinforced in accordance
with Figure R602.10.9. Masonry stem walls with a length greater
than 48 inches (1219 mm) supporting braced wall panels shall be
constructed in accordance with Section R403.1 Methods ABW and
PFH shall not be permitted to attach to masonry stem walls.
4. Concrete stem walls with a length of 48 inches (1219 mm) or less,
greater than 12 inches (305 mm) tall and less than 6 inches (152
mm) thick shall have reinforcement sized and located in
accordance with Figure R602.10.9."
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RESIDENTIAL BUILDING CODE § 5B-2-1
(49) Subsection R806.1, "Ventilation required," of the International Residential
Code is amended to read as follows:
"R806.1 Ventilation required. Enclosed attics and enclosed rafter
spaces formed where ceilings are applied directly to the underside of
roof rafters shall have cross ventilation for each separate space by
ventilating openings protected against the entrance of rain or snow.
Ventilation openings shall have a least dimension of 1/16 inch (1.6
mm) minimum and 1/4 inch (6.4 mm) maximum. Ventilation openings
having a least dimension larger than 1/4 inch (6.4 mm) shall be
provided with corrosion -resistant wire cloth screening, hardware
cloth, perforated vinyl or similar material with openings having a
least dimension of 1/16 inch (1.6 mm) minimum and 1/4 inch (6.4 mm)
maximum. Openings in roof framing members shall conform to the
requirements of Section R802.7. Required ventilation openings shall
open directly to the outside air and shall be protected to prevent the
entry of birds, rodents, snakes and other similar creatures.
Exception: 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."
(50) Chapter 11, "Energy Efficiency," of the International Residential Code is
deleted in its entirety. Refer to the Energy Conservation Code, Chapter 5E,
Hawaii County Code.
(51) Subsection M1301.1, "Scope," of the International Residential Code shall be
amended to read as follows:
"M1301.1 Scope. The provisions of this chapter shall govern the
installation of mechanical systems not specifically covered in other
chapters applicable to mechanical systems. Installations of mechanical
appliances, equipment and systems not addressed by this code shall
comply with the applicable provisions of nationally published codes or
standards and with the Plumbing Code, Chapter 5F, Hawai`i County
Code.
5B-39 SUPP.11 (1-2022)
5B-2-1 HAWAI`I COUNTY CODE
(52) Subsection M1307.4.2, "Mechanical ventilation," of the International
Residential Code shall be amended to read as follows:
"M1307.4.2 Mechanical ventilation. Indoor locations intended for
hydrogen -generating or refueling operations shall be ventilated in
accordance with the applicable provisions of nationally published
mechanical codes or standards."
(53) Subsection M1901.1, "Clearances," of the International Residential Code shall
be amended to read as follows:
"M1901.1 Clearances. Freestanding or built-in ranges shall have a
vertical clearance above the cooking top of not less than 30 inches (762
mm) to unprotected combustible material. Reduced clearances are
permitted in accordance with the listing and labeling of the range
hoods or ovens with integral exhaust. The clearances for a domestic
open -top broiler unit shall be in accordance with Section M1503.2.I.
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
1/2-inch gypsum wallboard covered with laminated plastic. The
height of the laminated plastic shall be 12 inch minimum."
(54) Chapter 20, "Boilers and Water Heaters," of the International Residential
Code is deleted in its entirety and replaced with provisions relating to water
heaters in the Plumbing code, Chapter 5F, Hawai`i County Code.
(55) Chapter 21, "Hydronic Piping," of the International Residential Code is
amended by amending its title to read as follows:
"CHAPTER 21
HYDRONIC PIPING
(FOR REFERENCE ONLY)"
(56) Chapter 21, "Hydronic Piping," of the International Residential Code is
amended by adding a section M2100, "Reference," to read as follows:
"Section M2100 Reference. The provisions of this chapter shall be
deemed to be guidelines only and not mandatory."
SUPP.11 (1-2022) 5B-40
RESIDENTIAL BUILDING CODE § 5B-2-1
(57) Chapter 22, "Special Piping and Storage Systems," of the International
Residential Code is amended by amending its title to read as follows:
"CHAPTER 22
SPECIAL PIPING AND STORAGE SYSTEMS
(FOR REFERENCE ONLY)"
(58) Chapter 22, "Special Piping and Storage Systems," of the International
Residential Code is amended by adding a section M2200, "Reference," to read
as follows:
"Section M2200 Reference. The provisions of this chapter shall be
deemed to be guidelines only and not mandatory."
(59) Chapter 23, "Solar Thermal Energy Systems," of the International Residential
Code is deleted in its entirety. Refer to the Electrical Code, Chapter 5D,
Hawaii County Code and the Plumbing Code, Chapter 5F, Hawai`i County
Code.
(60) Chapter 24, "Fuel Gas," of the International Residential Code is deleted in its
entirety. Refer to the Plumbing Code, Chapter 5F, Hawai`i County Code.
(61) Chapters 25 through 32 that are contained in Part VII, "Plumbing," of the
International Residential Code are deleted in their entirety. Refer to the
Plumbing Code, Chapter 5F, Hawai`i County Code.
(62) Chapter 33, "Storm Drainage," of the International Residential Code is deleted
in its entirety.
(63) Chapters 34 thru 43 that are contained in Part VIII, "Electrical," of the
International Residential Code are deleted in their entirety. Refer to the
Electrical Code, Chapter 5D, Hawai`i County Code.
(2021, ord 21-61, sec 1.)
Article 3. Adoption, Amendment, and Addition of Appendices.
Division 1. Appendices of International Residential Code Adopted.
Section 5B-3-1. Appendices not applicable.
Provisions in the appendices of the International Residential Code shall not apply
unless specifically adopted.
(2021, ord 21-61, sec 1.)
5B-41 SUPP.11 (1-2022)
§ 5B-3-2 HAWAI`I COUNTY CODE
Section 513-3-2. 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.
(2021, ord 21-61, sec 1.)
Section 513-3-3. Appendix Q; Tiny Houses.
Appendix Q is deleted in its entirety and replaced with the following:
"APPENDIX Q
TINY HOUSES
SECTION AQ101
GENERAL
AQ101.1 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.
AQ101.1.1 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.
SECTION AQ102
DEFINITIONS
AQ102.1 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 R310.2.
LANDING PLATFORM. A landing measuring two treads deep and
two risers tall, provided as the top step of a stairway accessing a loft.
SUPP.11 (1-2022) 5B-42
RESIDENTIAL BUILDING CODE § 5B-3-3
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 AQ105, and used as a living or sleeping space.
TINY HOUSE. A dwelling which is 500 square feet (37 m2) or less in
floor area excluding lofts. The maximum total floor area of 500 square
feet shall mean the sum of the horizontal areas of each floor of a
building measured from the exterior faces of the exterior walls. The
total floor area shall include enclosed attached accessory structures
such as garages or storage areas. Unenclosed attached structures
such as carports, breezeways, lanais, or porches shall be excluded.
SECTION AQ103
FOUNDATIONS
AQ103.1 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.
SECTION AQ104
CEILING HEIGHT
AQ104.1 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 AQ105
LOFTS
AQ105.1 Minimum loft areas. Lofts used as a sleeping or living
space shall meet the minimum area and dimension requirements of
Sections AQ105.1.1 through AQ105.1.3.
5B-43 SUPP.11 (1-2022)
§ 5B-3-3 HAWAI`I COUNTY CODE
AQ105.1.1 Minimum area. Lofts shall have a floor area of not less
than 35 square feet (3.25 m2).
AQ105.1.2 Minimum dimensions. Lofts shall be not less than 5 feet
(1524 mm) in any horizontal dimension.
AQ105.1.3 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.
AQ105.1.4 Minimum ceiling height. Lofts shall have a ceiling
height of not less than 3 feet (914.4 mm).
AQ105.1.4.4.1 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 AQ105.4, all
other required smoke alarms within the dwelling unit shall
be a photoelectric -type complying with R314.
AQ105.1.5 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.
AQ105.2 Loft access. The access to and primary egress from lofts
shall be of any type described in Sections AQ105.2.1 through
AQ105.2.4. All methods of loft access and egress shall be positively
anchored to prevent displacement.
AQ105.2.1 Stairways. Stairways accessing lofts shall comply with
this code or with Sections AQ105.2.1.1 through AQ105.2.1.5.
SUPP.11 (1-2022) 5B-44
RESIDENTIAL BUILDING CODE § 5B-3-3
AQ105.2.1.1 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).
AQ105.2.1.2 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).
AQ105.2.1.3 Treads and Risers. Risers for stairs accessing a loft
shall be a minimum of 7 inches (178 mm) and a maximum of 12 inches
(305 mm). Tread depth and riser height shall be calculated with the
following formulas:
Tread depth = 20 inches (508 mm) minus 4/3 riser height
or
Riser height = 15 inches (381 mm) minus 3/4 tread depth
Exception: Landing platforms shall measure two treads deep and
two risers tall.
AQ105.2.1.4 Handrails. Handrails shall comply with Section
R311.7.8.
AQ105.2.1.5 Stairway guards. Guards at open sides of stairways
shall comply with Section R312.1.
AQ105.2.2 Ladders. Ladders accessing lofts shall comply with
Sections AQ105.2.2.1 and AQ105.2.2.2.
AQ105.2.2.1 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).
AQ105.2.2.2 Incline. Ladders shall be installed at 70 to 80 degrees
from horizontal.
5B-45 SUPP.11 (1-2022)
§ 5B-3-3 HAWAI`I COUNTY CODE
AQ105.2.3 Alternating tread devices. Alternating tread devices
accessing lofts 200 square feet or less shall comply with Sections
R311.7.11.1 and R311.7.11.2. The clear width at and below the
handrails shall be not less than 20 inches (508 mm).
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.
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 AQ106
EMERGENCY ESCAPE AND RESCUE OPENINGS
AQ106.1 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 R310.2. L"
(2021, ord 21-61, sec 1.)
SUPP.11 (1-2022) 5B-46
RESIDENTIAL BUILDING CODE § 5B-3-21
Division 2. Appendix Added to the International Residential Code.
Section 513-3-21. Reserved.
(2021, ord 21-61, sec 1.)
Section 513-3-22. Appendix U; Factory -built Housing.
Appendix U is added to this code, to read as follows:
"APPENDIX U
FACTORY -BUILT HOUSING
SECTION U101
APPLICABILITY
U101.1 Purpose. These provisions are applicable to the design,
construction, installation, and transportation of factory -built housing
within the County. Unless otherwise specified this article shall be
applicable only to factory -built housing 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.
U101.2 Definitions. The following terms are defined for specialized
use within this article:
"Building official" means the director of the department of public
works or the director's authorized representative.
"Factory -built housing" means any structure or portion thereof
designed primarily for residential occupancy by human beings, which
is either entirely prefabricated or assembled at a place other than the
building site.
"First user" means a person, firm or corporation who initially
installs factory -built housing within this State. A person who
subsequently purchases an installed factory -built housing is not a first
user within the meaning of this definition.
5B-47 SUPP.11 (1-2022)
§ 5B-3-22 HAWAI`I COUNTY CODE
"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 factory -built housing on site
and the process of affixing factory -built housing to land, a foundation
or an existing building.
"Manufacture" means the process of making, fabricating,
constructing, forming, or assembling factory -built housing at a place
other than the building site.
"Site" means the parcel of land on which factory -built housing is
installed.
U101.3 Building permit required.
(a) No person shall perform any of the following work or cause or
permit the same to be done on any factory -built housing 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 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.
U101.4 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.
U101.5 Insignia of approval.
(a) Factory -built housing 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 factory -built housing is in compliance with this article.
(b) Factory -built housing manufactured outside the County shall
bear the insignia of approval issued by any governmental or
inspectional agency approved by the building official.
SUPP.11 (1-2022) 5B-48
RESIDENTIAL BUILDING CODE § 5B-3-22
U101.6 Performance of building, electrical, and plumbing
work.
(a) All building, electrical, and plumbing work performed within the
State of Hawaii shall comply with State of Hawaii 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.
U101.7 Inspections.
(a) Each and every factory -built housing 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 Hawaii 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 factory -built housing 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.
U101.8 Manufacturer's label.
(a) Each and every factory -built housing 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 factory -built housing;
(b) Each and every factory -built housing manufactured in the County
of Hawaii 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 factory -built housing.
5B-49 SUPP.11 (1-2022)
§ 5B-3-22 HAWAI`l COUNTY CODE
U101.9 Transporting factory -built housing. The transportation of
factory -built housing shall be governed by the provisions of the County
and State traffic codes."
(2021, ord 21-61, sec 1.)
Article 4. Building Work Within Special Flood Hazard Areas.
Section 5B-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.
Such 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.
(2021, ord 21-61, sec 1.)
Section 5B-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
(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.
SUPP.11 (1-2022) 5B-50
RESIDENTIAL BUILDING CODE § 5B-4-2
"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.
(2021, ord 21-61, sec 1.)
Section 5B-4-3. General Requirements.
Contractor will provide a certified flood zone elevation mark on jobsite for flood
zone elevation reference point.
(2021, ord 21-61, sec 1.)
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CHAPTER 5C
EXISTING BUILDING CODE*
* Editor's Note: Pursuant to section 107-28, Hawai`i Revised Statutes ("HRS"), each County shall amend and adopt the Hawaii State
building codes and standards listed in HRS, section 107-25 within two years after adoption by the State Building Code council. If a
County does not amend, adopt, and update a State code within this time frame, the respective State code shall become applicable as an
interim County code.
Section 5C-1-1.
Section 5C-1-2.
Section 5C-1-3.
Section 5C-1-4.
Section 5C-1-5.
Section 5C-1-6.
Section 5C-1-7.
Section 5C-1-8.
Section 5C-1-9.
Section 5C-2-1
Article 1. General Provisions.
Title.
Purpose.
Scope; exceptions.
Administrative provisions.
Existing buildings.
Definitions.
Compliance required.
Conflict.
References to model codes.
Article 2. Installation Requirements.
International existing building code adopted.
Article 3. Reserved
Article 4. Building Work Within Special Flood Hazard Areas.
Section 5C-4-1. General applicability.
Section 5C-4-2. Definitions.
Section 5C-4-3. General requirements.
I. SUPP.11 (1-2022)
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EXISTING BUILDING CODE § 5C-1-1
CHAPTER 5C
EXISTING BUILDING CODE*
* Editor's Note: Pursuant to section 107-28, Hawai`i Revised Statutes ("HRS"), each County shall amend and adopt the Hawaii State
building codes and standards listed in HRS, section 107-25 within two years after adoption by the State Building Code council. If a
County does not amend, adopt, and update a State code within this time frame, the respective State code shall become applicable as an
interim County code.
Article 1. General Provisions.
Section 5C-1-1. Title.
This chapter shall be known as the "existing building code."
(2021, ord 21-61, sec 2.)
Section 5C-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
existing buildings and structures within the County and certain equipment specifically
regulated herein.
(2021, ord 21-61, sec 2.)
Section 5C-1-3. Scope; exceptions.
This chapter shall apply to the design, construction, alteration, movement,
enlargement, replacement, repair, equipment, use and occupancy, location, removal and
demolition of existing buildings or structures or any appurtenances connected or
attached to buildings or structures.
Exception:
Detached one- and two-family dwellings and multiple single-family dwellings
(townhomes) not more than three stories above grade plane in height with a separate
means of egress, and their accessory structures not more than three stories above grade
plane in height, shall comply with this chapter or chapter 513, the residential building
code.
(2021, ord 21-61, sec 2.)
Section 5C-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.
(2021, ord 21-61, sec 2.)
Section 5C-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.
5C-1 SUPP.11 (1-2022)
5C-1-5 HAWAI`I COUNTY CODE
(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 this chapter.
(2021, ord 21-61, sec 2.)
Section 5C-1-6. Definitions.
As used in this chapter, unless it is apparent from the context that a different
meaning is intended:
"Accessory structure" means a structure not greater than 3,000 square feet (279 m')
in floor area, and not over two stories in height, the use of which is customarily
accessory to and incidental to that of the dwelling and which is located on the same lot.
"Authority having jurisdiction" means the director of the department of public
works, or the director's authorized representative.
"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; 5B, 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.
"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 structure.
"Chapter" means this chapter.
"This code" means the existing building code, contained in chapter 5C, 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 5B, the residential building code; chapter
5C, the existing 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.
"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.
SUPP.11 (1-2022) 5C-2
EXISTING BUILDING CODE § 5C-1-6
"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 the
following chapters:
(1) 5, the construction administrative code;
(2) 5A, the building code;
(3) 5B, the residential building code;
(4) 5C, the existing building code;
(5) 51), the electrical code;
(6) 5E, the energy conservation code; and
(7) 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.
(2021, ord 21-61, sec 2.)
Section 5C-1-7. Compliance required.
(a) No person shall perform or cause to be performed any building work which does not
comply with the provisions of this code or any permit issued pursuant to this code.
(b) No person shall perform any work covered by this code in violation of the provisions
of chapters 444 or 448E, Hawaii Revised Statutes.
(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.
(2021, ord 21-61, sec 2.)
Section 5C-1-8. Conflict.
(a) If any provisions of this code conflict with or contravene provisions of the Hawaii
State Building Code or the International Building Code, 2018 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.
(2021, ord 21-61, sec 2.)
Section 5C-1-9. References to model codes.
(a) The codes and standards referenced in this code shall be considered to be part of
the requirements of this code to the prescribed extent of each such reference and as
further regulated in section 5C-1-8.
5C-3 SUPP.11 (1-2022)
5C-1-9 HAWAI`l COUNTY CODE
(b) Wherever a model code is referenced in this code, the following shall apply:
(1) The International Building Code shall mean the building code, chapter 5A,
Hawaii County Code;
(2) The International Residential Code, shall mean the residential building code,
chapter 5B, Hawal`i County Code;
(3) The International Existing Building Code, shall mean the existing building
code, chapter 5C, Hawai`i County Code;
(4) The International Electrical Code shall mean the electrical code, chapter 51),
Hawaii County Code;
(5) The International Energy Conservation Code, shall mean the energy
conservation code, chapter 5E, Hawai`i County Code;
(6) The International Plumbing Code shall mean the plumbing code, chapter 5F,
Hawaii County Code;
(7) The International Fuel Gas Code, the provisions of the International Fuel Gas
Code shall be deemed to be only guidelines and not mandatory;
(8) The International Mechanical Code, the provisions of the International
Mechanical Code shall be deemed to be only guidelines and not mandatory;
(9) The International Property Maintenance Code, the provisions of the
International Property Maintenance Code shall be deemed to be only
guidelines and not mandatory; and
(10) The International Fire Code shall mean the fire code, chapter 26, Hawai`i
County Code.
Exception:
Where enforcement of a code provision would violate the conditions of the listing of
the equipment of appliance, the condition of the listing shall govern.
(2021, ord 21-61, sec 2.)
Article 2. Installation Requirements.
Section 5C-2-1. International existing building code adopted.
(a) The "International Existing Building Code, 2018 Edition," as published by the
International Code Council, Incorporated, 4051 Flossmoor Road, Country Club
Hills, IL 60478, is adopted by reference and made a part of this code, subject to any
amendments set forth in this chapter. Hereinafter, the "International Existing
Building Code, 2018 Edition," shall be referred to as the "International Existing
Building Code." The appendices of the International Existing Building Code are not
adopted unless otherwise provided in this chapter.
(b) The scope, technical specifications, and exemptions set forth in the International
Existing Building Code 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.
SUPP.11 (1-2022) 5C-4
EXISTING BUILDING CODE § 5C-2-1
(c) A copy of the International Existing Building 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.
(d) The International Existing Building Code adopted and incorporated by reference
into this code, shall be subject to the amendments hereinafter set forth.
(1) Chapter 1, Part 1 - "Scope and Administration," of the International Existing
Building Code is deleted in its entirety.
(2) Chapter 1, Part 2 — "Administration and Enforcement" of the International
Existing Building Code is deleted in its entirety.
(3) Section 202, "Definitions," of the International Existing Building Code is
amended by adding the following definition:
"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."
(4) Section 202, "GENERAL DEFINITIONS," of the International Existing
Building Code is amended by amending the following definitions to read 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."
"CODE OFFICIAL. The director of the County department of public
works, or the director's authorized representative."
(5) Subsection 301.5, "Compliance with accessibility," of the International
Existing Building Code is amended to read as follows:
"301.5 Compliance with accessibility. Accessibility requirements
for existing buildings shall comply with the following:
1. Construction of State or County buildings or facilities shall
comply with Section 103-50 Hawai`i Revised Statutes.
5C-5 SUPP.11 (1-2022)
5C-2-1 HAWAI`l COUNTY CODE
2. Americans with Disabilities Act Standards for Accessible
Design.
3. Housing and urban development recognized "safe harbors" for
compliance with the Fair Housing Acts design and
construction requirements.
4. Pertinent laws relating with 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."
(6) Section 303.3, "Seismic evaluation and design procedures," is amended by
adding a new subsection 303.3.3, "Pre-engineered bracing of post and pier
foundations" to read as follows:
"303.3.3 Pre-engineered bracing of post and pier foundations.
For conventional light -framed single family residences two stories or
less above grade, seismic bracing retrofits of elevated wood post and
pier foundation systems shall be permitted to be pre-engineered
designs for braces or shear walls constructed in accordance with
FEMA Hazard Mitigation Grant Program DR-1664-HI drawings,
"Structural Seismic Retrofits for Hawaii Single Family Residences
with Post and Pier Foundations, May 2009."
(7) Section 405.2, "Repairs to damaged buildings" of the International Existing
Building Code, is amended by adding subsections 405.2.1.2, "Walls Without
Studs" and 405.2.1.3, "Boards for Single -Wall Construction" to read as follows:
"Section 405.2.1.2 Walls without studs.
405.2.1.2.1 General. For Type V-B buildings, single -wall construction
without studs may be used in accordance with this section for repairs
to existing buildings of single -wall construction only.
One-story and the uppermost story of wood frame Type V-B buildings
may be of single -wall construction with board thickness specified in
this section, without studs, when requirements of this section are met.
Floor to ceiling height must not exceed 8 feet (2,438 mm).
Any provision of this code to the contrary notwithstanding, studding of
not less than 2-inches by 3-inches (51 mm by 76.2 mm) may be used
on one-story buildings of double -wall construction.
SUPP.11 (1-2022) 5C-6
EXISTING BUILDING CODE § 5C-2-1
When wood -frame dwellings are supported by posts, 2-inch by 4-inch
(51 mm by 102 mm) foundation bracing must be provided.
For one-story conventional residential structures, the local practice of
using foundation blocks with termite shields is acceptable in all areas
except in flood hazard areas and for developments adjacent to
drainage facilities as specified in chapter 27, Hawai`i County Code.
405.2.1.3 Boards for single -wall construction.
405.2.1.3.1 One and one -eighth inch boards. Single -wall
construction with boards of 1-1/8 inch (28.6 mm) net thickness are not
required to have girts.
405.2.1.3.2 One -inch boards. Where single -wall construction is with
boards of one -inch thickness (25.4 mm), no girt is required, provided
approved stiffeners for any section of such wall are spaced not more
than 10 feet (3048 mm) along the wall.
405.2.1.3.3 Three -fourths -inch boards. Single -wall construction
with boards of 3/4-inch (19.1 mm) net thickness must have girts and
cross partitions at least every 30 feet (9144 mm).
405.2.1.3.4 Approved stiffeners. Approved stiffeners must be studs
at least 2-inches by 4-inches (51 mm by 102 mm), full height window
or door jambs, posts, walls or partitions at right angles to the section
of wall under construction.
405.2.1.3.5 Girts. Girts for single -wall construction must be not less
than 2-inches by 6-inches (51 mm by 152 mm) belt course or other
approved strengthening about mid height between the floor and
ceiling on all exterior walls.
405.2.1.3.6 Complete load path. Blocking, bridging, straps,
approved framing anchors or mechanical fasteners must be designed
and installed to provide continuous ties from the roof to the foundation
system. Sheet metal clamps, ties or clips, must be formed of ASTM
A153 G90 galvanized steel or other approved corrosion -resistant
material of not less than 0.040-inch (1.01 mm) nominal thickness.
Uplift resistance must be in accordance with Table R802. I L"
5C-7 SUPP.11 (1-2022)
5C-2-1 HAWAI`I COUNTY CODE
(8) Subsection 506.4.2, "Snow and wind loads," of the International Existing
Building Code is amended to read as follows:
"506.4.2 Snow and wind loads. Where a change of occupancy results
in a structure being assigned to a higher risk category, or where the
change is from a Group S or Group U occupancy to any occupancy
other than Group S or Group U, the structure shall satisfy the
requirements of Sections 1608 and 1609 of the Building Code, Chapter
5A, for the new risk category.
Exceptions:
1. Where the area of the new occupancy is less than 10 percent
of the building area, compliance with this section is not
required. The cumulative effect of occupancy changes over
time shall be considered.
2. Where the change is from a Group S or Group U occupancy,
use of 75% of snow and wind forces shall be permitted."
(9) Subsection 506.4.3, "Seismic loads," of the International Existing Building
Code is amended to read as follows:
"506.4.3 Seismic loads (seismic force -resisting system). Where a
change of occupancy results in a building being assigned to a higher
risk category, or where the change is from a Group S or Group U
occupancy to any occupancy other than Group S or Group U, the
building shall satisfy the requirements of Section 1613 of the Building
Code, Chapter 5A, for the new risk category using full seismic forces.
Exceptions:
1. Where the area of the new occupancy is less than 10 percent
of the building area, and the new occupancy is not assigned to
Risk Category IV, compliance with this section is not
required. The cumulative effect of occupancy changes over
time shall be considered.
2. Where a change of use results in a building being reclassified
from Risk Category I or II to Risk Category III and the
seismic coefficient, SDs, is less than 0.33, compliance with this
section is not required.
3. Unreinforced masonry bearing wall buildings assigned to
Risk Category III and to Seismic Design Category A or B,
shall be permitted to use Appendix Chapter Al of this code.
4. Where the change is from a Group S or Group U occupancy,
use of reduced seismic forces shall be permitted."
SUPP.11 (1-2022) 5C-8
EXISTING BUILDING CODE § 5C-2-1
(10) Subsection 706.2, "Addition or replacement of roofing or replacement of
equipment," of the International Existing Building Code is amended to read as
follows:
"706.2 Addition or replacement of roofing or replacement of
equipment. Any existing gravity load -carrying structural element
for which an alteration causes an increase in design dead, live or snow
load, including snow drift effects, of more than 5 percent shall be
replaced or altered as needed to carry the gravity loads required by
the Building Code, Chapter 5A, for new structures.
Exceptions:
1. Buildings of Group R occupancy with not more than five
dwelling or sleeping units used solely for residential purposes
where the altered building complies with the conventional
light -frame construction methods of the Building Code,
Chapter 5A, or the provisions of the Residential Building
Code, Chapter 5B.
2. Buildings in which the increased dead load is due entirely to
the addition of a second layer of roof covering or addition of
insulation, weighing 3 pounds per square foot (0.1437 kN/ml)
or less over an existing single layer of roof covering."
(11) Subsection 706.3.2, "Roof diaphragms resisting wind loads in high -wind
regions," of the International Existing Building Code is amended to read as
follows:
"706.3.2 Roof diaphragms resisting wind loads in high -wind
regions. Where roofing materials are removed from more than 50
percent of the roof diaphragm or section of a building located where
the basic wind speed, V, determined in accordance with Figure
1609.3(1) of the Building Code, Chapter 5A, is greater than 115 mph
(51 m/s) or in a special wind region, as defined in Section 1609 of the
Building Code, Chapter 5A, roof diaphragms, connections of the roof
diaphragm to the roof framing members, and roof -to -wall connections
shall be evaluated for the wind loads specified in the Building Code,
Chapter 5A, including wind uplift. If the diaphragms and connections
in their current condition are not capable of resisting 75 percent of
those wind loads, they shall be replaced or strengthened in accordance
with at least 75 percent of the loads specified in the Building Code,
Chapter 5A."
5C-9 SUPP.11 (1-2022)
5C-2-1 HAWAI`I COUNTY CODE
(12) Subsection 1006.2, "Snow and wind loads" of the International Existing
Building Code is amended to read as follows:
"1006.2 Snow and wind loads. Where a change of occupancy results
in a structure being assigned to a higher risk category or where the
change is from a Group S or Group U occupancy to any occupancy
other than Group S or Group U, the structure shall satisfy the
requirements of Sections 1608 and 1609 of the Building Code, Chapter
5A, for the new risk category.
Exceptions:
1. Where the area of the new occupancy is less than 10 percent
of the building area, the cumulative effect of occupancy
changes over time shall be considered.
2. Where the change is from a Group S or Group U occupancy,
use of 75% of snow and wind forces shall be permitted."
(13) Subsection 1006.3, "Seismic loads" of the International Existing Building Code
is amended to read as follows:
"1006.3 Seismic loads. Where a change of occupancy results in a
building being assigned to a higher risk category or where the change
is from a Group S or Group U occupancy to any occupancy other than
Group S or Group U, the building shall satisfy the requirements of
Section 1613 of the Building Code, Chapter 5A, for the new risk
category using full seismic forces.
Exceptions:
1. Where a change of use results in a building being reclassified
from Risk Category I or II to Risk Category III and the
seismic coefficient, SDS, is less than 0.33.
2. Where the area of the new occupancy is less than 10 percent
of the building area and the new occupancy is not assigned to
Risk Category IV. The cumulative effect of occupancy changes
over time shall be considered.
3. Unreinforced masonry bearing wall buildings assigned to
Risk Category III and to Seismic Design Category A or B
shall be permitted to use Appendix Chapter Al of this code.
4. Where the change is from a Group S or Group U occupancy,
use of reduced seismic forces shall be permitted."
(2021, ord 21-61, sec 2.)
SUPP.11 (1-2022) 5C-10
EXISTING BUILDING CODE § 5C-4-1
Article 3. Reserved
Article 4. Building Work Within Special Flood Hazard Areas.
Section 5C-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.
Such 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.
(2021, ord 21-61, sec 2.)
Section 5C-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
(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.
5C-11 SUPP.11 (1-2022)
§ 5C-4-2 HAWAI`I COUNTY CODE
"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.
(2021, ord 21-61, sec 2.)
Section 5C-4-3. General requirements.
Contractor will provide a certified flood zone elevation mark on jobsite for flood
zone elevation reference point.
(2021, ord 21-61, sec 2.)
SUPP.11 (1-2022) 5C-12
CHAPTER 5D
ELECTRICAL CODE*
* Editor's Notes:
1. Pursuant to section 107-28, Hawai`i Revised Statutes ("HRS"), each County shall amend and adopt the Hawaii State building codes
and standards listed in HRS, section 107-25 within two years after adoption by the State Building Code council. If a County does not
amend, adopt, and update a State code within this time frame, the respective State code shall become applicable as an interim County
code.
2. Chapter 9, "electrical code," was repealed by ordinance 20-61, section 12, and replaced with chapter 5D.
Section 5D-1-1.
Section 5D-1-2.
Section 5D-1-3.
Section 5D-1-4.
Section 5D-1-5.
Section 5D-1-6.
Section 5D-1-7.
Section 5D-1-8.
Section 5D-2-1
Article 1. General Provisions.
Title.
Purpose.
Scope; exceptions.
Administrative provisions.
Existing electrical installations.
Definitions.
Compliance required.
Conflict.
Article 2. Installation Requirements.
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.
I. SUPP.11 (1-2022)
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ELECTRICAL CODE § 5D-1-1
CHAPTER 5D
ELECTRICAL CODE*
* Editor's Notes:
1. Pursuant to section 107-28, Hawai`i Revised Statutes ("HRS"), each County shall amend and adopt the Hawaii State building codes
and standards listed in HRS, section 107-25 within two years after adoption by the State Building Code council. If a County does not
amend, adopt, and update a State code within this time frame, the respective State code shall become applicable as an interim County
code.
2. Chapter 9, "electrical code," was repealed by ordinance 20-61, section 12, and replaced with chapter 5D.
Article 1. General Provisions.
Section 5D-1-1. Title.
This chapter shall be known as the "electrical code.
(2020, ord 20-61, sec 4.)
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.)
Section 5D-1-3. Scope; exceptions.
This chapter shall apply to electrical installations within the County inland of the
shoreline high-water line.
This chapter shall not apply to work or installations not covered by the National
Electrical Code, 2017 Edition, as adopted by chapter 51), this electrical code.
(2020, ord 20-61, sec 4; am 2021, ord 21-61, sec 20.)
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.)
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 SUPP.11 (1-2022)
§ 5D-1-6 HAWAI`I COUNTY CODE
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.
"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 the
following chapters:
(1) 5, the construction administrative code;
(2) 5A, the building code;
(3) 5B, the residential building code;
(4) 5C, the existing building code;
(5) 5D, the electrical code;
(6) 5E, the energy conservation code; and
(7) 5F, the plumbing code.
SUPP.11 (1-2022) 5D-2
ELECTRICAL CODE § 5D-1-6
"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; am 2021, ord, 21-61, sec 21.)
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, Hawaii 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.)
Section 5D-1-8. Conflict.
(a) If any provisions of this code conflict with or contravene provisions of the Hawaii
State Electrical Code or the National Electrical Code that have been incorporated
by reference, the provisions of this code shall prevail as to all matters and questions
arising out of the subject matter of such provisions.
(b) In situations where two or more provisions of this code and any applicable law,
other than those provided for in subsection (a), cover the same subject matter, the
stricter shall be complied with.
(2020, ord 20-61, sec 4.)
5D-3 SUPP.11 (1-2022)
§ 5D-2-1 HAWAI`I COUNTY CODE
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.)
SUPP.11 (1-2022) 5D-4
CHAPTER 5E
ENERGY CONSERVATION CODE*
* Editor's Notes:
1. Pursuant to section 107-28, Hawai`i Revised Statutes ("HRS"), each County shall amend and adopt the Hawaii State building codes
and standards listed in HRS, section 107-25 within two years after adoption by the State Building Code council. If a County does not
amend, adopt, and update a State code within this time frame, the respective State code shall become applicable as an interim County
code.
2. Article 5 of chapter 5, "energy conservation," was repealed by ordinance 20-61, section 12, and replaced with chapter 5E.
Section 5E-1-1.
Section 5E-1-2.
Section 5E-1-3.
Section 5E-1-4.
Section 5E-1-5.
Section 5E-1-6.
Section 5E-1-7.
Section 5E-1-8.
Section 5E-2-1
Article 1. General Provisions.
Title.
Purpose.
Scope; exceptions.
Administrative provisions.
Existing construction and installations.
Definitions.
Compliance required.
Conflict.
Article 2. Installation Requirements.
International Energy Conservation Code adopted.
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ENERGY CONSERVATION CODE § 5E-1-1
CHAPTER 5E
ENERGY CONSERVATION CODE*
* Editor's Notes:
1. Pursuant to section 107-28, Hawai`i Revised Statutes ("HRS"), each County shall amend and adopt the Hawaii State building codes
and standards listed in HRS, section 107-25 within two years after adoption by the State Building Code council. If a County does not
amend, adopt, and update a State code within this time frame, the respective State code shall become applicable as an interim County
code.
2. Article 5 of chapter 5, "energy conservation," was repealed by ordinance 20-61, section 12, and replaced with chapter 5E.
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.)
Section 5E-1-2. Purpose.
The purpose of this chapter is to promote the design of energy -efficient building
envelopes and installation of energy -efficient mechanical, lighting, and power systems
by establishing minimum standards that promote modern and up-to-date energy -
efficient performance in the construction, alteration, or equipment of buildings or
structures in the County of Hawaii.
(2020, ord 20-61, sec 5.)
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, Hawaii 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, Hawaii Revised Statutes, except as
otherwise provided for in this construction code.
(2020, ord 20-61, sec 5.)
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.)
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5E-1-5 HAWAI`l COUNTY CODE
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.)
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 5B, the residential building code; chapter
5C, the existing building code; chapter 51), 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 Hawaii.
"Existing building" means a building erected prior to the effective date of this
chapter, or one for which a legal permit has been issued.
"ICC" means the International Code Council.
"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 construction code,
including the following chapters and all administrative rules adopted pursuant to the
following chapters:
SUPP.11 (1-2022) 5E-2
ENERGY CONSERVATION CODE § 5E-1-6
(1) 5, the construction administrative code;
(2) 5A, the building code;
(3) 5B, the residential building code;
(4) 5C, the existing building code;
(5) 51), the electrical code;
(6) 5E, the energy conservation code; and
(7) 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; am 2021, ord 21-61, secs 22 and 23.)
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, Hawaii 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.)
Section 5E-1-8. Conflict.
(a) If any provisions of this code conflict with or contravene provisions of the State
Energy Code, found in chapter 3-181, Hawaii Administrative Rules, or the
International Energy Conservation Code, 2015 Edition, that have been
incorporated by reference, the provisions of this code shall prevail as to all matters
and questions arising out of the subject matter of such provisions.
(b) In situations where two or more provisions of this code and any applicable law,
other than those provided for in subsection (a), cover the same subject matter, the
stricter shall be complied with.
(2020, ord 20-61, sec 5.)
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.
5E-3 SUPP.11 (1-2022)
§ 5E-2-1 HAWAI`I COUNTY CODE
The appendices of the International Energy Conservation Code are not adopted
except as provided in this article. A copy of the International Energy Conservation
Code shall be available for public inspection at the Hilo and Kailua-Kona offices of
the department of public works and at the office of the County clerk.
(b) This incorporation by reference includes all parts of the International Energy
Conservation Code, 2015 Edition, subject to the amendments hereinafter set forth.
(1) Subsection C101.1 of the International Energy Conservation Code is amended
to read as follows:
"C101.1 Title. This code shall be known as the Energy Conservation
Code and shall be cited as such. "This code" when used within the
International Energy Conservation Code as incorporated by reference
herein, means the Energy Conservation Code of the County of
Hawai`i."
(2) 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 approued 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."
SUPP.11 (1-2022) 5E-4
CHAPTER 5F
PLUMBING CODE*
* Editor's Notes:
1. Pursuant to section 107-28, Hawai`i Revised Statutes ("HRS"), each County shall amend and adopt the Hawaii State building codes
and standards listed in HRS, section 107-25 within two years after adoption by the State Building Code council. If a County does not
amend, adopt, and update a State code within this time frame, the respective State code shall become applicable as an interim County
code.
2. Chapter 17, "plumbing code," was repealed by ordinance 20-61, section 12, and replaced with chapter 5F.
Section 5F-1-1
Section 5F-1-2
Section 5F-1-3
Section 5F-1-4
Section 5F-1-5
Section 5F-1-6
Section 5F-1-7
Section 5F-1-8
Section 5F-2-1
Article 1. General Provisions.
Title.
Purpose.
Scope; exceptions.
Administrative provisions.
Existing plumbing installations.
Definitions.
Compliance required.
Conflict.
Article 2. Installation Requirements.
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.
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PLUMBING CODE § 5F-1-1
CHAPTER 5F
PLUMBING CODE*
* Editor's Notes:
1. Pursuant to section 107-28, Hawai`i Revised Statutes ("HRS"), each County shall amend and adopt the Hawaii State building codes
and standards listed in HRS, section 107-25 within two years after adoption by the State Building Code council. If a County does not
amend, adopt, and update a State code within this time frame, the respective State code shall become applicable as an interim County
code.
2. Chapter 17, "plumbing code," was repealed by ordinance 20-61, section 12, and replaced with chapter 5F.
Article 1. General Provisions.
Section 5F-1-1. Title.
This chapter shall be known as the "plumbing code."
(2020, ord 20-61, sec 6.)
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.)
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 Hawaii State Plumbing Code;
(2) Work on buildings or premises owned by or under the direct control of the
Federal government;
(3) Work in public State or County road right-of-ways for utility installations and
mechanical equipment not specifically regulated in this code where installed:
(A) Outside the proposed premises or boundary lines in a subdivision under
development; or
(B) In an approved subdivision, where the work is in planned or actual
roadways or other common infrastructure areas;
(4) Pursuant to section 448E-13, 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, Hawaii Revised
Statutes, relating to boilers and pressure vessels; or
5F-1 SUPP.11 (1-2022)
§ 5F-1-3 HAWAI`l COUNTY CODE
(6) Agricultural buildings, structures, and appurtenances without electrical power
and plumbing systems are exempt from permit and construction code
requirements, pursuant to section 46-88, Hawaii Revised Statutes, except as
otherwise provided for in this construction code. No plumbing systems shall
be connected to a building or structure without first obtaining a permit for
plumbing work.
(2020, ord 20-61, sec 6.)
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.)
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.)
Section 5F-1-6. Definitions.
As used in this chapter, unless it is apparent from the context that a different
meaning is intended:
"Accessory structure" means a structure not greater than 3,000 square feet (279 m')
in floor area, and not over two stories in height, the use of which is customarily
accessory to and incidental to that of the dwelling and which is located on the same lot.
"Authority having jurisdiction" means the director of the department of public
works, or the director's authorized representative.
"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.
SUPP.11 (1-2022) 5F-2
PLUMBING CODE
§ 5F-1-6
"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 513, the residential building code; chapter
5C, the existing 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 Hawaii or the
director's duly authorized representative.
"Dwelling" means any building that contains one or two dwelling units used,
intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or
that are occupied for living purposes.
"Dwelling unit" means a single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living, sleeping, eating,
cooking, and sanitation.
"Engineer" means a person who is licensed and in good standing as a professional
engineer in the State of Hawaii.
"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 construction code,
including the following chapters and all administrative rules adopted pursuant to the
following chapters:
(1) 5, the construction administrative code;
(2) 5A, the building code;
(3) 513, the residential building code;
(4) 5C, the existing building code;
(5) 5D, the electrical code;
(6) 5E, the energy conservation code; and
(7) 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; am 2021, ord 21-61, secs 24 and 25.)
5F-3 SUPP.11 (1-2022)
5F-1-7 HAWAI`I COUNTY CODE
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, Hawaii 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.)
Section 5F-1-8. Conflict.
(a) If any provisions of this code conflict with or contravene provisions of the Hawaii
State Plumbing Code or the Uniform Plumbing Code that have been incorporated
by reference, the provisions of this code shall prevail as to all matters and questions
arising out of the subject matter of such provisions.
(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.)
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.
SUPP.11 (1-2022) 5F-4
PLUMBING CODE
§ 5F-2-1
(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 Hawaii, or the director's
authorized agent."
(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.
5F-5 SUPP.11 (1-2022)
§ 5F-2-1 HAWAI`I COUNTY CODE
(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.
(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.
SUPP.11 (1-2022) 5F-6
PLUMBING CODE
§ 5F-2-1
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."
(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."
5F-7 SUPP.11 (1-2022)
§ 5F-2-1 HAWAI`l COUNTY 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."
(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."
SUPP.11 (1-2022) 5F-8
PLUMBING CODE
§ 5F-2-1
(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 Hawaii. Installation of medical gas and vacuum
piping shall be conducted by qualified Medical Gas Installers meeting
the requirements of ASSE 6010. Testing and verification shall be
conducted by `Certified Medical Gas System Verifier' in accordance
with ASSE 6030."
(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.
(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."
5F-9 SUPP.11 (1-2022)
§ 5F-2-1 HAWAI`I COUNTY CODE
(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:
Standard Number
Standard Title
Application
Referenced
Sections
State of Hawaii -
Standard Details for Public
Rev. Sept. 2000
Works Construction
Various
Various
State of Hawaii —
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."
(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.
SUPP.11 (1-2022) 5F-10
PLUMBING CODE § 5F-2-1
(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
(2020, ord 20-61, sec 6.)
FOR REFERENCE ONLY"
5F-11 SUPP.11 (1-2022)
§ 5F-3-1 HAWAI`I COUNTY CODE
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.)
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.)
SUPP.11 (1-2022) 5F-12
PLUMBING CODE
§ 5F-3-3
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.)
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.)
Section 5F-3-5. Water supply systems.
(a) Potable water supply systems that are located in a special flood hazard area shall
be designed and installed in such a manner as to prevent contamination from flood
waters up to the base flood elevation. Location and construction of private water
supply wells shall comply with rules and regulations of the department of water
supply of the County of Hawaii.
(b) Potable water supply tanks, filters, softeners, heaters, and all water -supplied
appliances and fixtures located below the base flood elevation shall be protected
against contamination by covers, walls, copings, or castings. All vent pipes serving
the water supply system shall terminate at an elevation of at least one foot above
the base flood elevation.
5F-13 SUPP.11 (1-2022)
5F-3-5 HAWAI`I COUNTY CODE
(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.)
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.)
SUPP.11 (1-2022) 5F-14
GENERAL WELFARE § 14-1
CHAPTER 14
GENERAL WELFARE
Article 1. Alcoholic Beverages.
Section 14-1. Intoxicating liquors prohibited in certain public places.
(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:
(1) Public highways and public rights -of -way, public sidewalks, public
breakwaters and public seawalls, except seawalls in parks where drinking is
not prohibited;
(2) Public parking lots, which for the purposes of this section shall mean the
entire area within any County -owned or operated off-street parking lot or
facility, including but not limited to parking and loading stalls, designated
parking areas within County parks, landscaping strips, stairwells and
pedestrian passageways, internal roadways, and roadways for ingress to and
egress from such parking lot or facility;
(3) Public school grounds and buildings;
(4) Public areas or buildings contiguous to all public school grounds and buildings,
except as provided herein;
(5) Public parks, except parks enumerated in section 14-2, on which children's
playground equipment, such as slides, jungle gyms, seesaws and swings are
located;
(6) That certain portion of parcel 24 consisting of some twenty-seven thousand
ninety-nine square feet, more or less, being a portion of the property
designated upon the tax maps of the Third Taxation Division as Tax Map Key
No. (3)1-5-2-24, and located in P5hoa, District of Puna, County and State of
Hawaii;
(7) South Hilo:
(A) Ainaola Park;
(B) Clem Akina Park;
(C) Ahualani Park;
(D) All public areas, except Coconut Island, located on the Wai5kea
Peninsula, makai of Kamehameha Avenue-Kalaniana`ole Avenue from
the Wailoa River estuary to the site of the former Reeds Bay Restaurant
(TMK Nos. 2-1-06:11, 12, 19, and 20);
(E) Drag Strip, Hilo;
(F) Kal5kaua Park;
(G) Kaumana Caves;
(H) Keikiland;
(I) Lanakila Center;
(J) Lincoln Park;
14-1
§ 14-1
HAWAI`I COUNTY CODE
(K) Lokahi Park;
(L) Mo`oheau Park;
(M) Pana`ewa Park;
(N) Honoli`i Beach Park;
(0) Richardson Park and Center;
(P) Skeet and Trap Range;
(Q) Waiakea Recreation Center;
(R) Waiakea-Waena Playground;
(S) Waiolama Canal Archery/Jogging Area;
(T) Zoo, Pana`ewa Rainforest;
(U) All cemeteries;
(V) All swimming pools;
(W) All tennis courts (except Edith Kanakaole);
(X) Bakers Beach;
(Y) Hualani Park;
(Z) Mohouli Park;
(AA) Wai`olena and Wai`uli Beach Parks, portion located between the
pavilions and the west end of the seawall beginning at a point four -
tenths of a mile west of Leleiwi Street and extending three hundred
twelve feet in the westerly direction;
(AB) James Kealoha Beach Park;
(AC) Lehia Beach Park.
(8) North/South Kona:
(A) Kailua Playground;
(B) Ku`emanu Heiau;
(C) Kailua Park, except as provided in section 14-2(a)(2)(F);
(D) All swimming pools;
(E) All tennis courts;
(F) Higashihara Park;
(G) Hillcrest Park;
(H) Clarence Lum Won Park;
(I) La`aloa Bay Beach Park;
(J) Honaunau Boat Ramp.
(9) Ka`u:
(A)
Pahala School Ground;
(B)
All swimming pools;
(C)
All tennis courts.
(10) Puna:
(A)
Glenwood Park;
(B)
Kalapana Playground;
(C)
All swimming pools;
(D)
All tennis courts;
(E)
Kahakai Park.
(11) North
Hilo/Hamakua:
(A)
Laupahoehoe Playground;
(B)
All swimming pools;
SUPP.11 (1-2022) 14-2
GENERAL WELFARE
§ 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;
am 2021, ord 21-87, sec 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)
Pomaika`i Senior Center;
(F)
Wainaku Gym;
(G)
Equestrian Center, Pana`ewa;
(H)
Hakalau Park;
(I)
Honomu Park;
(J)
Carvalho Park;
(K)
Pepe`ekeo Community Center;
(L)
University Heights Park.
(2) North/South
Kona:
(A)
Hale H515wai;
(B)
Honaunau Arena;
(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) Pahoehoe Beach Park.
14-3 SUPP.11 (1-2022)
§ 14-2
HAWAI`I COUNTY CODE
(3) Ka`u:
(A)
N5`51ehu Park;
(B)
Pahala Community Center;
(C)
Hawaiian Ocean View Park.
(4) Puna:
(A)
Pahoa Neighborhood Facility;
(B)
Volcano Community Center;
(C)
Kurtistown Park;
(D)
Mt. View Park;
(E)
Shipman Park;
(F)
Isaac Kepo`okalani Hale Beach Park.
(5) North
Hilo/H5m5kua:
(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.)
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)
Kaumana Park and Playground;
(D)
Kaumana Lam Park;
(E)
Kula`imano Park;
(F)
Malama Park;
(G)
Papa`ikou Park;
(H)
Wai5kea-Uka Park;
(I)
Wainaku Playground.
(2)
North/South Kona:
(A)
Reserved.
(3)
Ka`u:
(A)
Wai ohinu Park.
SUPP.1 (1-2017) 14-4
GENERAL WELFARE § 14-2.1
(4) Puna:
(A)
Hawaiian Beaches Park.
(5) North
Hilo/H5m5kua:
(A)
Ahualoa Park;
(B)
Laupahoehoe Senior Center;
(C)
Pa`auilo Park;
(D)
Papa`aloa Park.
(6) North/South
Kohala:
(A)
Waikoloa Village Park.
(1987, ord 87-70, sec 1; am 2016, ord 16-75, sec 2.)
Section 14-2.2. Intoxicating liquors allowed between the hours of 10:00 a.m.
and 10:00 p.m.
(a) Persons may drink intoxicating liquors in the following public areas or buildings
located
thereon between the hours of 10:00 a.m. and 10:00 p.m.:
(1)
South
Hilo:
(A)
Carlsmith Park;
(B)
Hilo Senior Center;
(C)
Kolekole Beach Park;
(D)
Wai`olena and Wai`uli Beach Parks, except a portion located between the
pavilions and the west end of the seawall beginning at a point four -
tenths of a mile west of Leleiwi Street and extending three hundred
twelve feet in the westerly direction;
(E)
Onekahakaha Beach Park.
(2)
North/South
Kona:
(A)
Ho`okena Beach Park;
(B)
Miloli`i Beach Park.
(3)
Ka`u:
(A)
Punalu`u Beach Park;
(B)
Whittington Beach Park.
(4)
Puna:
(A)
Harry K. Brown Park;
(B)
Kaimu Beach Park.
(5)
North
Hilo/Hamakua:
(A)
Kukuihaele Social Hall;
(B)
Laupahoehoe Beach Park;
(C)
Waikaumalo Park.
14-5 SUPP.11 (1-2022)
§ 14-2.2 HAWAI`I COUNTY CODE
(6) North/South Kohala:
(A) Kapa`a Beach Park;
(B) Keokea Beach Park;
(C) Mahukona Beach Park;
(D) Mahukona Boat Ramp.
(1987, ord 87-70, sec 1; am 1990, ord 90-104, sec 2; am 1990, ord 90-122, sec 3; am 1996,
ord 96-54, sec 2; am 2008, ord 08-7, sec 4; am 2009, ord 09-144, sec 1; am 2010, ord 10-6,
sec 1; am 2017, ord 17-55, sec 2; am 2021, ord 21-87, sec. 2.)
Section 14-3. Permit application.
(a) Only persons twenty-one years of age or older who show satisfactory proof of their
age and who comply with the requirements set forth in this section shall be entitled
to a permit.
(b) Any person desiring to obtain a permit, required by section 14-2, shall make
application in writing to the chief of police or the chief's authorized representative.
The application shall be signed by the applicant and the person who will be
responsible for the conduct of all persons at the gathering or occasion, and shall
include:
(1) The full name and address of the applicant, if an individual, and, if a firm,
association, corporation or club, the full names and addresses of its principal
officers.
(2) The full name and address of the person who will be responsible for the
conduct of all persons at the occasion or gathering. Such person shall be of
good moral character. The chief of police or the chiefs authorized
representative may, in the chief of police's or the chiefs authorized
representative's discretion, require proof of good moral character if they have
good reason to doubt the moral character of the person. The proof shall be in
the form of an affidavit signed by two or more responsible persons stating the
duration and nature of their knowledge and acquaintance with the person and
that the person is of good moral character.
(3) The place for which a permit is desired.
(4) The date and time for which a permit is desired. In no event shall the permit
extend beyond 10:00 p.m.
(5) The nature of the occasion or gathering.
(6) The approximate number of persons to be in attendance.
(1983 CC, c 14, art 1, sec 14-3; am 1987, ord 87-70, sec 1; am 1990, ord 90-122, sec 4.)
SUPP.11 (1-2022) 14-6
PARKS AND RECREATION § 15-61
Article 7. Veterans Advisory Committee.
Section 15-61. Organization.
The veterans advisory committee shall be composed of twelve members, who shall
be appointed by the mayor, confirmed by the council, and may be removed by the mayor
with the approval of the council. In addition, the Hawaii Island Veterans Services
Counselor of the Office of Veterans Services (Department of Defense of the State of
Hawaii) and the Director of the Department of Parks and Recreation, or their
designated representatives, shall serve as ex-officio members of the committee, without
the power to vote.
(1986, ord 86-123, sec 2; am 1990, ord 90-5, sec 2; am 1994, ord 94-21, sec 1; am 2002,
ord 02-117, sec 2; am 2006, ord 06-159, sec 1; am 2017, ord 17-57, sec 2.)
Section 15-62. Membership and tenure.
(a) The members shall serve staggered terms of five years.
(b) The membership of the committee shall include one representative each from the
American Legion, Big Island National Guard Retirees Association, Big Island
Retired Military Association, Disabled American Veterans, and Veterans of Foreign
Wars. The committee shall also include seven at -large members. Seven or more of
the twelve members of the committee shall have served in the United States
uniformed services; provided that the committee may still meet and conduct
business if due to a vacancy or vacancies less than seven members have served in
the United States uniformed services.
(c) Initially, two members shall be appointed for a term of one year, two members shall
be appointed for a term of two years, three members shall be appointed for a term
of three years, three members shall be appointed for a term of four years, and three
members shall be appointed for a term of five years.
(d) Any vacancy on the committee shall be filled for the remainder of the unexpired
term, but members whose terms have expired may continue to serve until their
successors have been appointed and confirmed.
(e) Members shall be eligible to succeed themselves for additional terms, provided that
no member shall serve on the committee for more than three consecutive terms.
(1986, ord 86-123, sec 2; am 1990, ord 90-5, sec 3; am 1994, ord 94-21, sec 1; am 1996,
ord 96-124, sec 1; am 1997, ord 97-125, sec 1; am 2002, ord 02-117, sec 2; am 2006, ord
06-159, sec 2; am 2007, ord 07-53, sec 2; am 2017, ord 17-57, sec 3; am 2021, ord 21-65,
sec 2.)
Section 15-63. Meetings of the committee.
There shall be a chairperson and vice chairperson of the committee who shall be
elected biennially by the members from their membership. The chairperson shall have
served in the United States uniformed services. The meetings of the committee shall be
called at the discretion of the chairperson or at the request of the majority of the
members of the committee with the time and place to be determined by the chairperson.
(1986, ord 86-123, sec 2; am 1994, ord 94-21, sec 1; 2021, ord 21-74, sec 1.)
15-19 SUPP.11 (1-2022)
§ 15-64 HAWAI`I COUNTY CODE
Section 15-64. Powers and duties of the committee.
It shall be the duty of the committee to act in an advisory capacity to the mayor and
the council concerning all matters pertaining to the operation, management, and
maintenance of the veterans cemeteries in the County, and discuss and make
recommendations on issues affecting veterans residing in Hawaii County. At the
request of the mayor or the council, the committee shall discuss and make
recommendations on other specific veterans -related issues. The committee may
recommend such rules and regulations as it may deem necessary for the enhancement
and proper management of the veterans cemeteries, or for the orderly transaction of
matters referred to it.
(1986, ord 86-123, sec 2; am 1994, ord 94-21, sec 1; am 2019, ord 19-3, sec 2.)
Article 8. Naming of Facilities.
Section 15-65. Purpose.
The council wishes to establish systematic guidelines to be used in the naming of
County parks and recreational facilities.
(1987, ord 87-134, sec 1.)
Section 15-66. Definitions.
As used in this article:
(1) "Aesthetic areas" shall include scenic and historic sites, ponds and waterfalls.
(2) "Open areas" shall include parks, playgrounds, fields and totlots.
(3) "Recreational facilities" means all County facilities classified herein as
aesthetic areas, open areas, special interest areas, and structures.
(4) "Special interest areas" shall include tennis courts, golf courses, zoos, botanical
gardens, equestrian center and rodeo arenas, archery ranges, rifle and skeet
ranges, drag strips and other raceways, and any other facility operated or
owned by the County of Hawaii which has as its purpose the recreation,
entertainment or leisure activity of members of the public as either
participants or spectators.
(5) "Structures" shall include gymnasiums, community centers, senior centers,
cultural centers, pavilions, covered arenas and courts, stadiums, theaters, and
any other construction which is under the administration of the department of
parks and recreation of the County.
(1987, ord 87-134, sec 1.)
SUPP.6 (7-2019) 15-20
THE HAWAI`I COUNTY CODE
1983 (2016 Edition, as amended)
Update to include: Supplement 11 (1-2022)
Contains ordinances effective through: 12-31-21
A CODIFICATION OF THE GENERAL ORDINANCES
OF THE COUNTY OF HAWAI`I
STATE OF HAWAI`I
Office of the County Clerk
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
(808) 961-8255
Volume Two
TABLE OF CONTENTS
VOLUME 1
Chapter 1
General Provisions
Chapter 2
Administration
Chapter 3
Signs
Chapter 4
Animals
Chapter 5
Construction Administrative Code
Chapter 5A
Building Code
Chapter 5B
Residential Building Code
Chapter 5C
Existing Building Code
Chapter 5D
Electrical Code
Chapter 5E
Energy Conservation Code
Chapter 5F
Plumbing Code
Chapter 6
Businesses
Chapter 7
Civil Defense
Chapter 8
Dedication of Land
Chapter 9
Reserved
Chapter 10
Erosion and Sedimentation Control
Chapter 11
Housing
Chapter 12
Improvements by Assessments
Chapter 13
Minors
Chapter 14
General Welfare
Chapter 15
Parks and Recreation
Chapter 16
Planning
Chapter 17
Reserved
Chapter 18
Public Transportation
i SUPP.11 (1-2022)
VOLUME 2
Chapter 19 Real Property Taxes
Chapter 20 Integrated Solid Waste Management
Chapter 21 Sewers
Chapter 22 County Streets
Chapter 23 Subdivisions
Chapter 24 Vehicles and Traffic
— Traffic Schedules
Chapter 25 Zoning
— Zoning Annex
VOLUME 3
Chapter 26 Fire
Chapter 27 Flood Control
Chapter 28 State Land Use District Boundary Amendment
Procedures
Chapter 29 Water Use and Development
Chapter 30 Development Agreements
Chapter 31 Enterprise Zone Program
Chapter 32 Special Improvement Financing by Community
Facilities Districts
Chapter 33 Tax Increment Districts
Chapter 34 Public Access
Chapter 35 Business Improvement Districts
Chapter 36 Redistricting
Index
Legislative History
— Legislative History Table
— Ordinance Table
Supplement Insert Guides
SUPP.11 (1-2022) ii
Section 19-58.1.
Repealed.
Section 19-58.2.
Repealed.
Section 19-58.3.
Repealed.
Section 19-58.4.
Repealed.
Article 8. Dedications.
Section 19-59.
Native forest dedications.
Section 19-60.
Commercial agricultural use dedication.
Section 19-61.
Repealed.
Section 19-62.
Repealed.
Section 19-63.
Repealed.
Section 19-64.
Repealed.
Section 19-65.
Repealed.
Section 19-66.
Repealed.
Article 9. Nontaxable Property; Assessment.
Section 19-67. Nontaxable property.
Article 10. Exemptions.
Section 19-68.
Claims for certain exemptions.
Section 19-69.
Repealed.
Section 19-70.
Assignment of partial exemptions.
Section 19-71.
Homes.
Section 19-72.
Home, lease, lessees defined.
Section 19-73.
Homes of disabled or unemployable veterans.
Section 19-74.
Persons affected with Hansen's disease.
Section 19-75.
Exemption, persons who are blind, deaf, and/or totally disabled.
Section 19-76.
Nonprofit medical, hospital indemnity associations; tax exemption.
Section 19-77.
Charitable, etc., purposes.
Section 19-78.
Property used in manufacture of pulp and paper.
Section 19-79.
Crop shelters.
Section 19-80.
Exemption, dedicated lands in urban districts.
Section 19-81.
Water tanks.
Section 19-82.
Alternate energy improvements, exemption.
Section 19-83.
Repealed.
Section 19-84.
Public property, etc.
Section 19-85.
Lessees of exempt real property.
Section 19-86.
Property of the United States leased under the
National Housing Act.
Section 19-87.
Exemption for low and moderate -income housing.
iii SUPP.11 (1-2022)
Section 19-88.
Claim for exemption.
Section 19-89.
Exemptions for certain Hawaiian Homes property,
and other agencies.
Section 19-89.1.
Historic residential real property dedicated for preservation;
exemption.
Section 19-89.2.
Credit union exemption.
Section 19-89.3.
Exemptions for enterprise zones.
Section 19-89.4.
Hawaii Island housing trust exemption.
Section 19-89.5.
Kuleana land exemption.*
Article 11. Determination of Rates.
Section 19-90. Real property tax; determination of rates.
Article 12. Appeals.
Section 19-91.
Appeals.
Section 19-92.
Appeals by persons under contractual obligations.
Section 19-93.
Grounds of appeal, real property taxes.
Section 19-94.
Second appeal.
Section 19-95.
Small claims.
Section 19-96.
Appointment, removal, compensation.
Section 19-97.
Board of review; duties, powers, procedure before.
Section 19-98.
Tax appeal court.
Section 19-99.
Appeal to board of review.
Section 19-100.
Cost; deposit for an appeal.
Section 19-101.
Cost; taxation.
Section 19-102.
Taxes paid pending appeal.
Section 19-103.
Amendment of assessment list to conform to decision.
Article 13. Tax Credits.
Section 19-104. Solar water heater tax credit established.
Section 19-105. Administration.
1V
REAL PROPERTY TAXES
§ 19-53
(d) When a condominium property regime is declared for a property, each unit shall be
classified upon consideration of its actual use into one of the general classes in the
same manner as land.
(e) Classification of land:
(1) Except as otherwise provided in subsection (e)(2) of this section, land shall be
classified, upon consideration of its highest and best use, into the following
general classes:
(A) Residential;
(B) Affordable rental housing;
(C) Apartment;
(D) Hotel and resort;
(E) Commercial;
(F) Industrial;
(G) Agricultural or native forests;
(H) Conservation; and
(I) Homeowner.
(2) In assigning land to one of the general classes the director of finance shall give
major consideration to the districting established by the land use commission
pursuant to chapter 205, Hawaii Revised Statutes, the districting established
by the County in its general plan and zoning ordinance, use classifications
established in the general plan of the State, and such other factors which
influence highest and best use, except that parcels which are used exclusively
as the owner's principal residence shall be classified as "homeowner" without
regard to the highest and best use, provided that the director has granted to
the owner a home exemption in accordance with sections 19-71 to 19-72.
(A) The homeowner class is exclusively reserved for properties which are
used as the owner's principal residence. Uses which shall not qualify as
"homeowner" include:
(1) Real property which is valued according to its nondedicated
agricultural use pursuant to subsection 19-57.
(ii) Real property which is dedicated to an agricultural use or native
forest use.
(iii) Real property which is used for commercial or income -producing
purposes, except as exempted under section 19-71(a) or (b).
(iv) Real property which is used for residential rental purposes, whether
for short-term or long-term lease, except as exempted under section
19-71(a) and affordable rental housing.
(v) Real property which is used for any purpose other than the owner's
principal residence.
(B) The affordable rental housing class is exclusively reserved for properties
which meet the eligible requirements for this class and have the annual
required application timely filed. Uses which shall not qualify as
"affordable rental housing" include:
(1) Real property which is valued according to its nondedicated
agricultural use pursuant to section 19-57.
19-27
§ 19-53
HAWAI`I COUNTY CODE
(ii) Real property which is dedicated to an agricultural use or native
forest use.
(iii) Real property which is used for commercial or income -producing
purposes, except uses which is legally permitted as a home
occupation in accordance with the zoning code.
(3) Whenever there is an overlap or contradiction in districting or use
classification between the County and the State, zoned districts by the County
shall take precedence.
(f) In determining the value of buildings, consideration shall be given to any additions,
alterations, remodeling, modifications or other new construction, improvement or
repair work undertaken upon or made to existing buildings as the same may result
in higher assessable valuation of said buildings; provided, however, that the
increase in value resulting from any additions, alterations, modifications or other
new construction, improvements or repair work to buildings undertaken or made by
the owner -occupant thereof pursuant to the requirements of any urban
redevelopment, rehabilitation or conservation project under the provisions of part II
of chapter 53, Hawai`i Revised Statutes, shall not increase the assessable valuation
of any building for a period of seven years from the date of certification as
hereinafter provided.
It is further provided that the owner -occupant shall file with the director of
finance, in the manner and place which the director may designate, a statement of
the details of the improvements certified in the following manner:
(1) In the case of additions, alterations, modifications or other new construction,
improvements or repair work to a building that are undertaken pursuant to
any urban redevelopment, rehabilitation or conservation project as
hereinabove mentioned, the statement shall be certified by the mayor or any
government official designated by the mayor and approved by the council, that
the additions, alterations, modifications, or other new construction,
improvement or repair work to the buildings were made and satisfactorily
comply with the particular urban redevelopment, rehabilitation or
conservation act provision, or
(2) In the case of maintenance or repairs to a residential building undertaken
pursuant to any health, safety, sanitation or other governmental code
provision, the statement shall be certified by the mayor or any governmental
official designated by the mayor and approved by the council, that:
(A) The building was inspected by them and found to be substandard when
the owner -occupant made the claim, and
(B) The maintenance or repairs to the buildings were made and
satisfactorily comply with the particular code provision.
SUPP.11 (1-2022) 19-28
REAL PROPERTY TAXES
§ 19-53
(g) Limitation on homeowner assessment.
For properties in the homeowner class as of January 1, 2004, the assessed
value of the property shall not increase more than three percent per tax year until
the parcel is sold or any portion thereof sold by way of conveyance which is subject
to conveyance tax under terms of chapter 247, Hawaii Revised Statutes, at which
time the property will be assessed at market value. In addition to the three percent
limit of this subsection any improvements undertaken on the property within the
tax year shall be assessed at market value. All parcels entering this class after
January 1, 2004 shall have the assessed value as of January 1 of the following year
and be subject to the above provisions.
(h) Eligibility for affordable rental housing class.
(1) Real property occupied as affordable rental housing must be rented at a rate
not to exceed the affordable rental rate for the entire calendar year claimed
and must be legally permitted by all codes.
(2) All rental units on affordable rental housing properties must be rented at the
affordable rental rates.
(3) Affordable rental housing properties shall not be excluded by the owner's
principal residence also being on the property.
(4) For properties in the affordable rental housing class as of January 1, 2008, the
assessed value of the property shall not increase more than three percent per
tax year until the parcel is sold or any portion thereof sold by way of
conveyance which is subject to conveyance tax under terms of chapter 247,
Hawaii Revised Statutes, at which time the property will be assessed at
market value. In addition to the three percent limit of this subsection, any
improvements undertaken on the property within the tax year shall be
assessed at market value. All parcels entering this class after January 1,
2008, shall have the assessed value as of January 1 of the following year and
be subject to the above provisions.
19-29 SUPP.11 (1-2022)
§ 19-53
HAWAI`I COUNTY CODE
(1) Application for the affordable rental housing class.
(1) No affordable rental housing classification shall be granted unless the
claimant shall annually have filed with the department of finance, on or before
December 31 preceding the tax year for which such classification is claimed, a
claim for such classification in such form as shall be prescribed by the
department and shall include but not be limited to rental agreements signed
by the renter or excise tax returns.
(2) No affordable rental housing classification shall be granted unless and until a
Hawaii County real property tax assessor evaluates the property and
establishes its current market value.
(3) The landowner shall submit a certification of rental rates affirming that the
rental rates charged to all renters on that parcel shall be at the affordable
rental rate and that rate will be maintained for the calendar year.
(j) Breach of affordable rental housing class.
(1) Rental of any unit during the calendar year at a rate higher than the
affordable rental rate shall breach the classification.
(2) Any conveyance of the parcel or portion of the parcel subject to conveyance tax
under terms of chapter 247, Hawaii Revised Statutes, shall breach the
classification.
(3) Upon breach of the classification, the tax assessment shall be cancelled
retroactive to the date of the classification, but for not more than the current
year, and all difference in the amount of taxes that were paid and those that
would have been due from the assessment in the higher classification shall be
payable with a ten percent penalty.
(1983 CC, c 19, art 7, sec 19-53; am 1982, ord 834, sec 2; am 1984, ord 84-21, sec 1; am
1990, ord 90-136, sec 2; ord 90-157, sec 1; am 1991, ord 91-143, sec 2; am 1996, ord 96-
71, sec 2; am 1997, ord 97-84, sec 1; ord 97-153, sec 2; am 2000, ord 00-48, sec 2; am
2003, ord 03-103, secs 2 and 3; am 2004, ord 04-67, sec 1; ord 04-121, sec 2; ord 04-143,
sec 2; am 2006, ord 06-147, sec 2; am 2007, ord 07-107, secs 3 and 4; ord 07-163, sec 2;
am 2008, ord 08-156, sec 2; am 2013, ord 13-72, sec 2; am 2014, ord 14-97, sec 2;
am 2021, ord 21-32, sec 1.)
SUPP.11 (1-2022) 19-30
REAL PROPERTY TAXES § 19-53.1
Section 19-53.1. Valuation of public utilities.
(a) Notwithstanding any section to the contrary, the director of finance, in determining
the market value assessment of the property of the public utilities, may use the
values for real property as set forth in the annual financial reports of the public
utilities as filed with the Public Utilities Commission, pursuant to chapter 269,
Hawaii Revised Statutes, as the basis for the director's assessment, which shall be
deemed prima facie correct. Due to the unique nature of the public utility and its
equipment, assignment of values to individual tax map keys is not required.
(b) For the purposes of this section, the following definitions are also adopted:
(1) "Public utilities" are as defined in section 269-1, Hawai`i Revised Statutes.
(2) "Outside plant" means public utility real property, predominantly production,
transmission, collection, switching, and distribution facilities, that may consist
of one or more of the following:
(A) Units that have physical and functional characteristics that are so
similar that they are accounted for as a group or class and are generally
installed on easements.
(B) Transmission cable, wire or pipes, including support or conduit
structures.
(C) Substation equipment.
(D) Measuring and regulating equipment.
(E) Generation equipment.
(F) Storage equipment.
(G) Switching equipment.
(3) "Plant or structure" means public utility real property improvements that are
not outside plant, such as buildings, generating stations, production plants,
gas compressor stations, boilers, switching plants, dams and reservoirs, circuit
equipment, radio systems, terminals, satellite facilities, storage, wells,
pumping facilities, and including those items which are included in the outside
plant definition above.
(4) "Property" is the same as defined in section 19-2.
19-31 SUPP.11 (1-2022)
§ 19-53.1 HAWAI`I COUNTY CODE
(c) Valuations are determined as follows:
(1) Land. Land values are determined by the market value approach in
accordance with section 19-53.
(2) Public utility real property generally classed as outside plant, as set forth in
section 19-53.1(b)(2), including but not limited to, production, transmission,
collection, switching or distribution substation equipment or measuring,
regulating, generation, storage or switching equipment or improved property
is appraised on the basis of its reproduction cost new less allowances for
physical depreciation, functional obsolescence and economic obsolescence, if
any. The reproduction cost new is determined by multiplying reported
inventory original cost by appropriate price indices and/or by multiplying
physical inventories by appropriate unit prices. The rate of depreciation is a
function of the appraised property's age, estimated service life and salvage
factor. Such determinations and assessments of fair market value shall be
made, to the extent possible, in accordance with the annual financial reports
as filed with the Public Utilities Commission pursuant to chapter 269, Hawaii
Revised Statutes, which shall be deemed prima facie correct. For all lands of
public utilities not categorized by section 19-53(a), said improvements shall be
taxed at a rate assigned to the industrial classification.
(3) Plant; Structure. The value of improvements that are plant or structure as set
forth in section 19- 53. 1 (b) (3), including but not limited to, buildings,
generating stations, gas compressor stations, switching plants, dams and
reservoirs, circuit equipment, radio systems, terminals, satellite facilities,
storage, wells, and pumping stations, is determined using the same
methodology as is used in appraising outside plant properties.
(4) For the purpose of liens and foreclosure, any outside plant property shall be
considered a part of any system or plant to which it is a part of and to which a
tax map key has been assigned.
(d) (1) In lieu of the assessment method as set forth in subsections (a) (b) and (c)
above, a public utility, except airlines, motor carriers, common carriers by
water or contract carriers taxed by section 239-6, Hawai`i Revised Statutes,
may pay the County a real property tax of such rate percent of its gross
income each year from its public utility business as shall be determined in the
manner hereinafter provided. The tax imposed by this section is a means of
taxing the real property owned by the public utility or leased to it by a lease
under which the public utility is required to pay the taxes upon the property.
For the purposes of this section, gross income and net income shall have the
respective meanings given those terms in chapter 239, Hawaii Revised
Statutes, provided that such gross income and net income is from public
19-32
REAL PROPERTY TAXES
§ 19-57
(3) The application for a nondedicated agricultural use assessment must be signed
by all owners of the land being committed.
(4) If the application is approved, the assessment based upon the use requested in
the application shall be effective as of January 1 for the following tax year.
(5) Renewal of the application shall be in such form and at such time as required
by the director.
(d) Deferred or rollback tax.
(1) A deferred or rollback tax shall be imposed on the owner of the agricultural
land upon any of the following events:
(A) Conversion to any County zoned district other than agricultural,
residential and agricultural, family agricultural, intensive agricultural,
or agricultural project district as a result of a petition by the owner or
lessee;
(B) The property is subdivided into parcels of less than five acres in size; or
(C) A condominium property regime is declared for the property having
condominium units with an area equivalent to less than five acres in
size.
(2) The deferred tax shall commence from the date the conversion was made
retroactive to the date the agricultural use assessment was approved, but for
not more than a period of two years plus the current year.
(3) The amount of deferred taxes shall be based on the difference between the
assessed market value at highest and best use and the assessed agricultural
use value of the land at the tax rate applicable for the respective years, with a
ten percent penalty.
(2004, ord 04-143, sec 4.)
Section 19-58. Certain lands dedicated for residential use.
(a) The term "owner" as used in this section means a person who is the fee simple
owner of real property, or who is the lessee of real property whose lease term
extends at least ten years from the effective date of the dedication.
(b) A special land reserve is established to enable the owner of any parcel of land
within a hotel, apartment, resort, commercial, or industrial district to dedicate the
owner's land for residential use and to have the land assessed at its value in
residential use; provided that:
(1) The land dedicated shall be limited to a parcel used only for single-family
dwelling residential use;
(2) The owner of the land dedicated shall use it as the owner's principal residence
and qualify to be in the homeowner's class per section 19-53(e)(2)(A); and
(3) Not more than one parcel of land shall be dedicated for residential use by any
owner.
19-35
§ 19-58 HAWAI`I COUNTY CODE
(c) If any owner desires to use the owner's land for residential use and to have the land
assessed at its value in this use, the owner shall so petition the director of finance
and declare in the petition that if the petition is approved, the owner will use the
land for single-family dwelling residential use only and that the land so dedicated
will be used exclusively as the owner's principal residence.
Upon receipt of any such petition, the director of finance shall make a finding
of fact as to whether the land described in the petition is being used by the owner
for single-family dwelling residential use only and exclusively as the owner's
principal residence. If the finding is favorable to the owner, the director shall
approve the petition and declare the land to be dedicated.
(d) The approval of the petition by the director of finance to dedicate shall constitute a
forfeiture on the part of the owner of any right to change the use of the land for a
minimum period of ten years. At least one hundred eighty days prior to the
cancellation date, the department of finance shall notify the owner by mail of such
cancellation. The owner of a dedicated property must renew the dedication on or
before September 1 of the tenth year of the original dedication or any subsequent
renewal period in order to continue the dedication for the next ten years.
(e) Failure of the owner to observe the restrictions on the use of the land or the sale of
the property shall cancel the special tax assessment privilege retroactive to the
date of the dedication, or the latest renewal ten-year period, and all differences in
the amount of taxes that were paid and those that would have been due from
assessment in the higher use shall be payable with a ten percent penalty from the
respective dates that these payments would have been due. Failure to observe the
restrictions on the use means failure for a period of over twelve consecutive months
to use the land in the manner requested in the petition or the overt act of changing
the use for any period, or the sale of the real property. Nothing in this subsection
shall preclude the County from pursuing any other remedy to enforce the covenant
on the use of the land.
The additional taxes and penalties, due and owing as a result of failure to use
or any other breach of the dedication shall be a paramount lien upon the property
as provided for by this chapter.
(f) The director of finance shall prescribe the form of the petition. The petition shall be
filed with the director of finance by September 1 of any calendar year and shall be
approved or disapproved by December 15. If approved, the dedication shall be
effective on July 1 of the following tax year.
(g) The owner may appeal any disapproved petition as in the case of an appeal from an
assessment.
(1983 CC, c 19, art 7, sec 19-58; am 1997, ord 97-84, sec 1.)
SUPP.11 (1-2022) 19-36
REAL PROPERTY TAXES § 19-58.1
Section 19-58.1. Repealed.
(1990, ord 90-137, sec 3; am 1991, ord 91-109, sec 2; ord 91-122, sec 2; am 1997, ord 97
84, sec 1; am 2003, ord 03-103, sec 4; am 2004, ord 04-122, sec 2; am 2008, ord 08-156,
sec 3; rep 2021, ord 21-32, sec 2.)
Section 19-58.2. Repealed.
(1990, ord 90-137, sec 3; am 1991, ord 91-122, sec 3; am 1997, ord 97-84, sec 1; am 2008,
ord 08-156, sec 3; rep 2021, ord 21-32, sec 3.)
Section 19-58.3. Repealed.
(1990, ord 90-137, sec 3; rep 1997, ord 97-84, sec 1.)
Section 19-58.4. Repealed.
(1996, ord 96-71, sec 3; am 1997, ord 97-84, sec 1; rep 2003, ord 03-103, sec 5.)
19-37 SUPP.11 (1-2022)
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SUPP.11 (1-2022) 19-38
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19-39 SUPP.11 (1-2022)
§ 19-59
HAWAI`I COUNTY CODE
Article 8. [Former] Repealed.
(1983 CC, c 19, art 8, sec 19-59; rep 1997, ord 97-84, sec 1.)
Article 8. Dedications.
Section 19-59. [Former] Repealed.
(1983 CC, c 19, art 8, sec 19-59; rep 1997, ord 97-84, sec 1.)
Section 19-59. Native forest dedications.
(a) Native forest categories.
(1) "Native forests" means lands which have sixty percent or greater native
species forest cover.
(A) Native species are defined as those species that are either endemic or
indigenous to the Hawaiian islands. Native species in this context shall
mean plants that became established or evolved in the Hawaiian islands
without the aid of human beings.
(B) The forest cover requirement may be met by native species in either the
tree layer or the understory layer, or a combination of the two; provided
a minimum twenty-five percent of the forest cover shall contain
tree cover.
(2) "Functional forests" means lands which have sixty percent or greater native
species forest cover combined with non-native/non-invasive species
forest cover.
(A) Non-native/non-invasive species are defined as those species that are not
native to the Hawaiian islands, having arrived with human help, which
do not invade or overtake native species habitat and have a Hawai`i-
Pacific Weed Risk Assessment score of six or less, with seven or more
being a designation of high risk. Exceptions to the score must be justified
in the forest management plan or forest restoration plan.
(B) The forest cover requirement may be met by native species and non-
native/non-invasive species in either the tree layer or the understory
layer, or a combination of the two; provided a minimum twenty-five
percent of the forest cover shall contain tree cover and a minimum of half
of the forest cover shall contain native species.
SUPP.11 (1-2022) 19-40
SUBDIVISIONS
§ 23-55
Section 23-55. Location of utilities within street impractical; alternative.
If in the opinion of the director, the director of public works and manager, the most
suitable and reasonable location for any of the utilities, such as sewers, storm drains,
water and gas pipes, electric and telephone pole lines and conduits, which are likely to
be required within a subdivision for the service thereof or for the service of areas in the
surrounding territory, does not lie wholly within the street width, the director may
require provisions to be made for the location of such utilities on routes elsewhere than
within said street width. The subdivider shall designate the required area for all such
utility locations outside of the street width and shall deliver a proper easement or right-
of-way for the area.
(1983 CC, c 23, art 3, sec 23-55; am 2001, ord 01-108, sec 1.)
Section 23-56. Easements for utilities; size; conveyance.
(a) Easements or rights -of -way for sewers, storm drains and government owned water
facilities shall be fifteen feet in width and centered on rear or side lot lines except
for guy -wire tie -back easements, which shall be three feet wide by twenty feet long
along lot lines at change of direction points of easements, except that this width
may be modified where the director of public works or the manager, whichever is
appropriate, finds that a greater or lesser width is necessary or satisfactory for the
purpose of the use of the area.
(b) Easements or rights -of -way for all government owned utilities including storm
drains except those under the jurisdiction of the department of water supply shall
be conveyed to the County and documents shall be delivered to the council for
acceptance. Easements or rights -of -way for water facilities which are under the
jurisdiction of the department of water supply shall be conveyed to the water
commission and the documents shall be delivered to the water commission for
acceptance.
(1983 CC, c 23, art 3, sec 23-56; am 2001, ord 01-108, sec 1.)
Article 4. Application for Subdivision and Preliminary Plat.
Division 1. General Provisions.
Section 23-57. Where information obtainable.
A subdivider may call at the planning department's office for information regarding
procedures and general information that may have a direct influence on the proposed
subdivision.
(1983 CC, c 23, art 4, sec 23-57.)
Section 23-58. Application for subdivision; plat and plans submitted by
subdivider.
(a) The subdivider shall submit a written application for subdivision, a preliminary
plat prepared, stamped and signed by a surveyor, and other supplementary
material required to describe the nature and objectives of the proposed subdivision,
23-17
§ 23-58 HAWAI`I COUNTY CODE
and shall submit the preliminary plat and other supplementary material in a
format prescribed by the director.
(b) All pertinent information on the preliminary plat shall be drawn to scale.
(c) Where the area to be subdivided contains only part of the tract owned or controlled
by the subdivider, the director may require a sketch of a tentative layout for streets
in the unsubdivided portion.
(d) Application for Resort Subdivision. The subdivider may file an application for resort
subdivision. An application for resort subdivision may either be filed under this
section or under any other provision of this chapter. If an application for
subdivision is filed under this section, it shall be clearly designated as such. Such
application shall, in addition to all other information to be submitted with the
subdivision application, preliminary plat and other supplementary material,
include the following:
(1) A statement acknowledging that all improvements will not be approved for
dedication unless and until such improvements satisfy all of the requirements
for dedicable improvements.
(2) A description of the provisions made for permanent maintenance of the private
roadways within the proposed resort subdivision.
(3) A description of how subsequent owners of the property will be notified of the
private nature of the improvements and maintenance responsibilities.
(1983 CC, c 23, art 4, sec 23-58; am 1992, ord 92-138, sec 5; am 2006, ord 06-104, sec 2;
am 2015, ord 15-19, sec 1; am 2021, ord 21-52, sec 2.)
Section 23-58.1. Posting of signs for public notification.
(a) Within ten days of filing the application for a subdivision, the applicant shall post a
sign on the subject property notifying the public of the following:
(1) The nature of the application;
(2) The proposed number of lots;
(3) The size of the property;
(4) The tax map key or keys of the property;
(5) That they may contact the planning department for additional information;
and
(6) The address and telephone number of the planning department.
(b) The sign shall remain posted until final approval, or until the application has been
rejected or withdrawn. The applicant shall remove the sign promptly after such
action.
(c) Notwithstanding any other provisions of law, the sign shall be not less than nine
square feet and not more than twelve square feet in area, with letters not less than
one inch high. No pictures, drawings, or promotional materials shall be permitted
on the sign. The sign shall be posted at or near the property boundary adjacent to a
public road bordering the property and shall be readable from said public road. If
more than one public road borders the property the applicant shall post the sign to
SUPP.11 (1-2022) 23-18
SUBDIVISIONS
§ 23-70
Section 23-70. Supplemental information with final plat.
The following data shall be submitted with the final plat:
(1) A complete title report issued by a licensed title company in the name of the
owner of the land, showing all parties whose consents are necessary and their
interests in the premises when required by the director;
(2) A copy of any deed restrictions applicable to the subdivision;
(3) Written proof that all taxes and assessments on the tract are paid to date; and
(4) For nondedicable streets in a resort subdivision, the subdivider shall submit a
recordable document with the director which shall describe all nondedicable
streets, the ownership thereof and access rights thereon for all lots in the
subdivision and the maintenance rights and responsibilities thereof. The
document shall contain statements as follows: that nondedicable streets within
the resort subdivision have not been built to the standards required for streets
which are dedicable to the County of Hawaii; that such streets will
accordingly not be accepted for dedication unless they are brought into
compliance with the requirements for dedication as of the time they are offered
for dedication; and that the County is not responsible for maintenance of such
nondedicable streets. The document shall be in a form acceptable to the
director of public works and corporation counsel. For subdivided land within
the jurisdiction of the land court, such document shall be recorded with the
land court. For all other subdivided land, the document shall be recorded with
the State bureau of conveyances.
(1983 CC, c 23, art 5, sec 23-70; am 1992, ord 92-138, sec 7; am 2001, ord 01-108, sec 1;
am 2006, ord 06-104, sec 7; am 2021, ord 21-52, sec 3.)
Section 23-71. Subdivision not involving streets, drains, or utilities.
The preliminary plat may be approved by the director for recordation if:
(1) The preliminary plat meets all of the requirements of a final plat; and
(2) The subdivision involves no streets, drains, or utilities.
(1983 CC, c 23, art 5, sec 23-71.)
Section 23-72. Filing of final plat.
(a) Within one year after tentative approval of the preliminary plat by the director, the
subdivider shall have the subdivision surveyed and shall prepare a final plat which
conforms with the preliminary plat as tentatively approved. The subdivider shall
submit to the director a copy of the final plat, prepared in conformity with these
regulations, together with a copy of a general layout map, which was originally
attached to the construction drawings and specifications (where required) showing
the location of lots, streets, water mains and storm drainage systems.
(b) For good cause, the director may grant to the subdivider an extension of time
within which the subdivider may file the final plat.
23-25 SUPP.11 (1-2022)
§ 23-72
HAWAI`I COUNTY CODE
(c) The time of filing the final plat means the time at which the final plat, together
with all required data, is received by the director. The director shall indicate the
date of filing on all copies of the final plat and accompanying data.
(1983 CC, c 23, art 5, sec 23-72; am 2006, ord 06-104, sec 7; am 2021, ord 21-52,
sec 4.)
Section 23-73. Technical review.
Within thirty days after receipt of the final plat and other data, the director shall
submit copies of the final plat and other data to the director of public works, manager,
State department of health and district engineer when the subdivision involves State
highways for review of the final plat with the director. The final plat shall be examined
as to whether it is substantially similar to the approved preliminary plat and whether it
is technically correct. The information on the final plat shall also be verified by
entering upon the respective subdivision where deemed necessary by the director. If
there is a variance, the subdivider shall be advised by the director of the changes or
additions that must be made and given an opportunity to make corrections. The
director's submission of copies of the final plat to other reviewers constitutes acceptance
of the contents of the final plat, provided that the director may request supplementary
information, and may require the subdivider to correct errors prior to the issuance of
final subdivision approval, and after final approval pursuant to section 23-74(c). The
director's issuance of final subdivision approval shall be valid despite the absence of
technical information as required by section 23-69(1) and (3), or the absence of similar
technical but non -substantive information required by sections 23-69 and 70.
(1983 CC, c 23, art 5, sec 23-73; am 2001, ord 01-108, sec 1; am 2006, ord 06-104,
sec 7.)
Section 23-74. Final approval of plat.
(a) When all the construction work is complete and is accepted in writing by the
director of public works, the subdivider may apply for approval of the subdivision
map for recordation. If the director disapproves the plat, the grounds for
disapproval shall be filed in the records of the planning department. No plat shall
be disapproved by the director without giving the subdivider an opportunity to
correct errors in the plat.
(b) Upon final approval, the director shall stamp the final plat:
"SUBDIVISION NUMBER APPROVED FOR RECORDATION
WITH THE BUREAU OF CONVEYANCES, STATE OF HAWAI`I."
The approval shall bear the signature of the director. The planning
department shall then retain one copy of the final plat, and forward one copy of the
final plat to the County real property tax office, and one copy of the final plat to the
subdivider. The approval of the final plat by the director shall not be deemed to
constitute or effect an acceptance by the County of the dedication of any street or
other easement shown on the plat.
SUPP.11 (1-2022) 23-26
SUBDIVISIONS
§ 23-74
(c) The approval for recordation of the final plat by the director shall not relieve the
subdivider of the responsibility for any error in the dimensions or other
discrepancies. Such errors or discrepancies shall be revised or corrected, upon
request, to the satisfaction of the director.
(d) Nondedicable Streets. In addition to all other requirements for approval of the final
plat herein, if the subdivision includes any nondedicable streets, the subdivider
shall, prior to final approval, deposit a duly recorded copy of the document
described in section 23-70(4) of this chapter with the director.
(1983 CC, c 23, art 5, sec 23-74; am 1992, ord 92-138, sec 8; am 2001, ord 01-108, sec 1;
am 2006, ord 06-104, sec 7; am 2021, ord 21-52, sec 5.)
Section 23-75. Change after approval.
No change in a subdivision, or in the plan of a subdivision, already approved, may
be made without the approval of the director.
(1983 CC, c 23, art 5, sec 23-75.)
Section 23-76. No conveyance of land prior to approval for recordation.
Land shall not be offered for sale, lease or rent in any subdivision, nor shall options
or agreements for the purchase, sale, leasing or rental of the land be made until
approval for recordation of the final plat is granted by the director.
(1983 CC, c 23, art 5, sec 23-76.)
Section 23-77. Recordation of final plat.
After the director grants approval for recordation of the final plat, the subdivider
may file and record the plat.
(1983 CC, c 23, art 5, sec 23-77.)
Section 23-78. Release of surety after final approval.
Upon completion of the improvements and utilities in a subdivision as required by
this chapter and certification thereof as provided by article 7 of this chapter, and after
the subdivider files one set of construction plans as actually modified to meet
construction requirements with the department of public works, State department of
health and department of water supply (if applicable), the department of public works,
State department of health and the department of water supply (if applicable), shall
approve the performance and thereupon discharge the subdivider and surety (in whole
or in part according to the terms of the subdivider's agreement, if any) from the
obligation of any bonds and release to the subdivider any security posted by the
subdivider, or authorize and direct such discharge and release by the appropriate
agency.
(1983 CC, c 23, art 5, sec 23-78.)
23-27 SUPP.11 (1-2022)
§ 23-79 HAWAI`I COUNTY CODE
Article 6. Improvements.
Division 1. Construction.
Section 23-79. Construction plans; contents; review.
(a) After the subdivider has secured tentative approval of his preliminary plat of the
subdivision from the director, and before beginning construction of the
improvements therein, the subdivider shall prepare and submit to the director
construction plans and specifications showing details of road construction, drainage
structures, sewers, water mains and all other utilities proposed to be installed in
the proposed subdivision. The construction plans shall be drawn on acceptable
tracing medium to County standards as to size and general drafting practice.
Included with the construction plans shall be a general layout map showing the
location of lots and streets, and the location of water lines, sewer mains and
drainage systems and other utility lines. Plans shall be prepared by an engineer
registered under the laws of the State provided that, when the subdivision consists
of three lots or less, the director may grant tentative approval to proceed with plans
without the seal of an engineer.
(b) The subdivider shall submit a copy of the construction plans and specifications to
the director for examination and submission to the director of public works, the
manager, the sanitary engineer and the district engineer as required under section
23-61, for their respective consideration and approval. Such construction plans and
specifications shall be considered approved for construction purposes when the
construction plan tracings and specifications bear the approval of the director of
public works, the manager, the sanitary engineer, the district engineer and the
director as required under section 23-61.
(1983 CC, c 23, art 6, sec 23-79; am 2001, ord 01-108, sec 1; am 2021, ord 21-52,
sec 6.)
Section 23-80. Construction required for final approval.
(a) When the construction drawings and specifications bear the approval of the
director, the director of public works, the manager, the sanitary engineer and the
district engineer as required under section 23-79, the subdivider may proceed with
the construction of the improvements and utilities.
(b) Where construction extends into the State highway right-of-way, the contractor
shall obtain a permit from the district engineer prior to commencement of work
within the State right-of-way. In this case no bond or security need be posted with
the department of public works or the department of water supply.
(1983 CC, c 23, art 6, sec 23-80; am 2001, ord 01-108, sec 1.)
SUPP.11 (1-2022) 23-28
ZONING
§ 25-2-3
Section 25-2-3. Review and acceptance of applications.
(a) Any application filed with the director or the commission, pursuant to this chapter,
including but not limited to a zoning amendment, variance, use permit, plan
approval, ohana dwelling permit, planned unit development permit, or cluster plan
development permit, shall be reviewed by the director for completeness within
fifteen days from the date that the application was filed by the applicant. An
application may be filed with the director or the commission in a format prescribed
by the director.
(b) Prior to the acceptance of any application, all real property taxes and other fees
relating to the subject parcel or parcels shall be paid and there shall be no
outstanding delinquencies, except in cases of bankruptcy or similar matters as
authorized by the director of finance.
(c) During the fifteen -day period, the director shall either determine that the
application is complete and accept the application as of the date that the
application was filed by the applicant or shall determine that the application is
defective.
(d) If the director determines that the application is defective, the application shall be
returned to the applicant together with a deficiency notice, to be postmarked within
the fifteen -day review period, which lists the information missing from the
application.
(e) Any application that is rejected as defective may be refiled together with a copy of
the deficiency notice and the required additional information. The resubmitted
application shall be accepted as complete as of the date of resubmission, provided
that all required additional information has been submitted.
(f) If the director fails to act upon any application within the fifteen -day period, the
application shall be deemed complete and shall be considered accepted as of the
date that the application was filed.
(g) The director shall publish, on a semi-monthly basis, a list of all applications
accepted under this section in at least two newspapers of general circulation in the
County. Such list shall include the name of the property owner, tax map key
number(s) of the property, the land area, and street address, if available.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 1998, ord 98-29, sec 1; ord 98-26,
sec 1; am 2021, ord 21-52, sec 7.)
Section 25-2-4. Notice to property owners and lessees of record of pending
application.
(a) Whenever any application under this chapter requires notice to owners and lessees
of record interests of the surrounding properties:
(1) Such notice shall be served to the owners and lessees of record of all lots of
which any portion is within three hundred feet of any point along the
perimeter boundary of the building site affected by the application if the
building site is located within the state land use urban or rural district;
25-15 SUPP.11 (1-2022)
§ 25-2-4 HAWAI`I COUNTY CODE
(2) For applications other than those requesting a change of zoning district
classification, such notice shall be served on the owners and lessees of record
of all lots of which any portion is within five hundred feet of any point along
the perimeter boundary of the building site affected by the application if the
building site is located within the state land use agricultural district, except
that if the surrounding lots are located within either the state land use urban
or rural district, notice shall be served on the owners and lessees of record of
all lots of which any portion is within three hundred feet of the building site;
or
(3) For applications requesting a change of zoning district classification, such
notice shall be served on the owners and lessees of record of all lots of which
any portion is within one thousand feet of any point along the perimeter
boundary of the building site affected by the application or the two contiguous
lots in all directions, whichever distance is greater, if the building site is
located within the state land use agricultural district or the County zoned
agricultural district. For those adjoining properties located within either the
state land use urban or rural district, notice shall be served on the owners and
lessees of record of all lots of which any portion is within three hundred feet of
the building site.
(b) The applicant shall first serve notice of the filing of the application on the
surrounding owners and lessees within ten days after the director or commission
has officially acknowledged receipt of the application, and shall again serve notice
of the application and of any proposed action or public hearing on the surrounding
owners and lessees, within ten days after receiving notice from the director or the
commission of the date of the proposed action or hearing. The second notice shall be
served not less than ten days prior to the date of the proposed action or hearing.
(c) In determining the names and addresses of the affected owners and lessees of
record, as required by this section, the applicant shall utilize the data available
from the real property tax office; provided, that where the director has received
written notice of additional or subsequent owners or lessees of record and has so
informed the applicant, the applicant shall also provide the required notice to such
persons. The applicant shall also provide notice to such other owners and lessees of
record when the applicant otherwise has actual knowledge of such other owners or
lessees of record.
(d) The notice to the affected property owners and lessees shall include the following
information:
(1) The name of the applicant;
(2) The precise location of the property involved;
(3) The nature of the application and the proposed use of the property;
25-16
ZONING
§ 25-5-62
(c) The following uses may be permitted in the FA district, provided that a special
permit is obtained for such use if the building site is located within the State land
use agricultural district:
(1) Adult day care homes.
(2) Bed and breakfast establishments, as permitted under section 25-4-7.
(3) Community buildings, as permitted under section 25-4-11.
(4) Family child care homes.
(5) Home occupations, as permitted under section 25-4-13.
(6) Meeting facilities.
(7) Model homes, as permitted under section 25-4-8.
(8) Public uses and structures, other than those necessary for agricultural
practices, as provided under section 25-4-11.
(9) Temporary real estate offices, as permitted under section 25-4-8.
(10) Uses, other than those specifically listed in this section, which meet the
standards for a special permit under chapter 205, Hawaii Revised Statutes.
(d) The following uses may be permitted in the FA district, provided that either a use
permit is issued for each use if the building site is outside of the State land use
agricultural district or a special permit is issued for each use if the building site is
within the State land use agricultural district:
(1) Bed and breakfast establishments, as permitted under section 25-4-7.
(2) Churches, temples and synagogues.
(3) Crematoriums, funeral homes, funeral services, and mortuaries.
(4) Day care centers.
(5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(6) Major outdoor amusement and recreation facilities, includes stadiums, sports
arenas, and other similar open air recreational uses.
(7) Medical clinics.
(8) Schools.
(e) Buildings and uses accessory to the uses permitted in this section shall also be
permitted in the FA district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2008, ord 08-155, sec 12; am 2010,
ord 10-17, sec 5; am 2012, ord 12-28, sec 8; ord 12-124, sec 7; am 2014, ord 14-86, sec 8;
am 2021, ord 21-26, sec 9; am 2021, ord 21-52, sec 8.)
Section 25-5-63. Height limits.
The height limit in FA districts shall be thirty-five feet for any residential
structure, including any single-family dwelling or farm dwelling, and forty-five feet for
all other structures.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-64. Minimum building site area.
The minimum building site area in the FA district shall be one acre. Other FA
districts having larger areas may be designated in increments of one acre up to a
recommended maximum of five acres.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
25-89 SUPP.11 (1-2022)
25-5-65 HAWAI`I COUNTY CODE
Section 25-5-65. Minimum building site average width.
Each building site in the FA district must have a minimum average width of one
hundred twenty feet for the initial one acre of required area plus twenty feet for each
additional acre of required area; provided that no building site shall be required to have
an average width greater than three hundred feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-66. Minimum yards.
(a) Except as otherwise provided in this section, the minimum yards in the FA district
shall be thirty feet for front and rear yards and twenty feet for side yards.
(b) In the FA district, accessory buildings and enclosures (other than fences under
eight feet high) for the shelter and confinement of any livestock shall be at least
thirty feet from the side and rear property lines.
(c) Appropriate additional setbacks from adjacent residential zoned lands may be
required by the director for those facilities and uses which may include more
frequently used machinery and equipment in order to minimize potential lighting,
odor, vector and air and water quality impacts.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-67. Other regulations.
(a) If any legal building site in an FA district has an area of less than one acre, then
the yard and height requirements for the building site shall be the same as the
yard and height requirements in the RA district.
(b) One single-family dwelling or one farm dwelling shall be permitted on any building
site in the FA district. A farm dwelling is a single-family dwelling located on or
used in connection with a farm or if the agricultural activity provides income to the
family occupying the dwelling.
(c) Additional farm dwellings may be permitted in the FA district only upon the
following conditions:
(1) A farm dwelling agreement for each additional farm dwelling, on a form
prepared by the director, shall be executed between the owner of the building
site, any lessee having a lease on the building site with a term exceeding one
year from the date of the farm dwelling agreement, and the County. The
agreement shall require the dwelling to be used for farm -related purposes.
(2) The applicant shall submit an agricultural development and use program,
farm plan or other evidence of the applicant's continual agricultural
productivity or farming operation within the County to the director. Such plan
shall also show how the farm dwelling will be utilized for farm -related
purposes.
(d) An ohana dwelling may be located on any building site in the FA district, as
permitted under article 6, division 3 of this chapter.
U91LOIll
ZONING
§ 25-6-10
Section 25-6-10. Criteria for granting a P.U.D. permit.
A P.U.D. permit may be granted by the commission upon finding that:
(a) The construction of the project can begin and be completed within a reasonable
period of time from the date of full approval.
(b) The proposed development substantially conforms to the general plan, any adopted
community development plan, other adopted master plan, and if applicable, any
adopted design guidelines and/or standards affecting the project area.
(c) Any residential or agricultural development shall constitute an environment of
sustained desirability and stability for the district that is in harmony with the
character of the surrounding area, that results in an intensity of land use no higher
than that otherwise specified for the district, and that maintains the standards of
open space at least as high as that otherwise specified for the district in which the
development occurs.
(d) Any commercial development shall not create traffic congestion which exceeds that
which would have been produced under conventional development patterns,
practices and standards in the district or interfere with any projected public
improvements, shall provide for proper entrances and exits along with proper
provisions for internal traffic and parking, and be an attractive center which does
not adversely impact upon adjacent and surrounding existing or prospective
developments.
(e) Any industrial development shall be in conformity with desirable performance
standards and shall constitute an efficient and well organized development with
adequate provisions for freight service and necessary storage, and shall not
adversely impact upon adjacent and surrounding existing or prospective
development.
(f) The development of a harmonious, integrated whole justifies exceptions, if required,
to the normal requirements of this chapter, and the contemplated arrangements or
use make it desirable to apply regulations and requirements differing from those
ordinarily applicable under the district regulations.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 2; ord
15-45, sec 8.)
Section 25-6-11. Height exceptions authorized.
(a) A building approved under a P.U.D. permit may exceed the height limit specified
under the zoning district of the property and the height limits under section
25-4-22; provided, that the maximum height of the building shall not exceed
seventy-five feet.
(b) A building approved under a P.U.D. permit and situated within a zoning district
which exceeds the height limits specified under subsection (a) may be permitted at
the higher height limits prescribed for that zoning district.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
25-127
§ 25-6-12 HAWAI`I COUNTY CODE
Section 25-6-12. Approvals issued under P.U.D. permit.
(a) No separate or additional permit or use permit shall be required for any use
approved under a P.U.D. permit, and any use approved under a P.U.D. permit shall
be considered to be in compliance with the required procedures for obtaining a
use permit.
(b) Plan approval shall be considered issued when completed drawings are approved
under a P.U.D. permit, and no further action is required for the issuance of plan
approval under this chapter.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 2.)
Section 25-6-13. Effect of P.U.D. permit on other zoning provisions.
Any P.U.D. permit issued shall be subject to all of the conditions imposed in the
permit and shall be exempted from other provisions of this chapter only to the extent
specified in the permit.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-6-14. Time extensions and amendments.
(a) A P.U.D. permit holder may apply to the commission through the department for
an amendment to the permit or any condition or conditions imposed therein.
(b) In the case of time extensions, the P.U.D. permit holder shall file the request not
less than ninety days prior to the expiration date of the applicable time condition or
conditions, setting forth:
(1) The affected condition or conditions;
(2) The length of time requested; and
(3) The reasons for the request.
If the commission fails to act on a properly filed time extension request prior to the
expiration date, the activity granted under P.U.D. permit may be continued, unless
the commission specifically disallows the activity during the interim period.
(c) In the case of additions, modifications, and/or deletions of conditions of the P.U.D.
permit, the P.U.D. permit holder shall set forth in writing:
(1) The affected condition or conditions;
(2) The specific amendment or amendments requested; and
(3) The reasons for the request.
(d) Any such request shall be accompanied by a $250 filing and processing fee and an
application and documentation in a format prescribed by the director.
(e) The hearing and notice procedures and action shall be the same as under sections
6-6 and 6-8 of the Planning Commission Rules of Practice and Procedure, provided
further that the commission shall conduct a hearing within a period of ninety days
from the date of receipt of a properly filed request, or within a longer period as may
be agreed to by the commission.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 2; am 2021, ord
21-52, sec 9.)
SUPP.11 (1-2022) 25-128
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SQty 11 (13022) 23A 128
THE HAWAI`I COUNTY CODE
1983 (2016 Edition, as amended)
Update to include: Supplement 11 (1-2022)
Contains ordinances effective through: 12-31-21
A CODIFICATION OF THE GENERAL ORDINANCES
OF THE COUNTY OF HAWAI`I
STATE OF HAWAI`I
Office of the County Clerk
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
(808) 961-8255
Volume Three
TABLE OF CONTENTS
VOLUME 1
Chapter 1
General Provisions
Chapter 2
Administration
Chapter 3
Signs
Chapter 4
Animals
Chapter 5
Construction Administrative Code
Chapter 5A
Building Code
Chapter 5B
Residential Building Code
Chapter 5C
Existing Building Code
Chapter 5D
Electrical Code
Chapter 5E
Energy Conservation Code
Chapter 5F
Plumbing Code
Chapter 6
Businesses
Chapter 7
Civil Defense
Chapter 8
Dedication of Land
Chapter 9
Reserved
Chapter 10
Erosion and Sedimentation Control
Chapter 11
Housing
Chapter 12
Improvements by Assessments
Chapter 13
Minors
Chapter 14
General Welfare
Chapter 15
Parks and Recreation
Chapter 16
Planning
Chapter 17
Reserved
Chapter 18
Public Transportation
i SUPP.11 (1-2022)
VOLUME 2
Chapter 19 Real Property Taxes
Chapter 20 Integrated Solid Waste Management
Chapter 21 Sewers
Chapter 22 County Streets
Chapter 23 Subdivisions
Chapter 24 Vehicles and Traffic
— Traffic Schedules
Chapter 25 Zoning
— Zoning Annex
VOLUME 3
Chapter 26 Fire
Chapter 27 Flood Control
Chapter 28 State Land Use District Boundary Amendment
Procedures
Chapter 29 Water Use and Development
Chapter 30 Development Agreements
Chapter 31 Enterprise Zone Program
Chapter 32 Special Improvement Financing by Community
Facilities Districts
Chapter 33 Tax Increment Districts
Chapter 34 Public Access
Chapter 35 Business Improvement Districts
Chapter 36 Redistricting
Index
Legislative History
— Legislative History Table
— Ordinance Table
Supplement Insert Guides
SUPP.11 (1-2022) ii
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SUPP.9 (1-2021) T-G
ORD.
NO.
EFFECTIVE
DATE
DESCRIPTION
CODE
SECTION
21-7
01-21-21
Operating budget
21-8
01-21-21
Operating budget
21-9
01-21-21
Operating budget
21-10
01-21-21
Operating budget
21-11
01-21-21
Operating budget
21-12
02-16-21
Capital improvements budget
21-13
02-16-21
Capital improvements budget
21-14
02-16-21
Operating budget
21-15
02-16-21
Operating budget
21-16
02-16-21
Operating budget
21-17
03-01-21
City of Hilo Zone Map
ZA
21-18
03-01-21
Capital improvements budget
21-19
03-01-21
Capital improvements budget
21-20
03-01-21
Capital improvements budget
21-21
03-01-21
Operating budget
21-22
03-01-21
Operating budget
21-23
03-15-21
Operating budget
21-24
03-15-21
Relating to use permits
25-2-64, 25-2-67
21-25
03-16-21
North Kona Zone Map
ZA
21-26
03-16-21
Relating to definitions, use permit
requirements, parking requirements,
and zoning district regulations for
medical clinics and massage,
acupuncture, chiropractic, and other
similar health service facilities
25-1-5, 25-2-61,
25-4-51, 25-5-3,
25-5-22, 25-5-32,
25-5-52, 25-5-62,
25-5-72, 25-5-112,
25-5-122, 25-7-22
21-27
03-31-21
North Kona Zone Map
ZA
21-28
03-31-21
Operating budget
21-29
03-31-21
Operating budget
21-30
03-31-21
Capital improvements budget
21-31
05-03-21
Volcano -Mt. View Zone Map
ZA
21-32
07-01-21
Relating to the nonspeculative
residential use real property tax
dedication
19-53, 19-58.1,
19-58.2
21-33
05-17-21
Operating budget
--
21-34
05-17-21
Capital improvements budget
21-35
07-01-21
Salary Ordinance of 2021
21-36
06-04-21
Operating budget
21-37
06-09-21
Operating budget
21-38
07-01-21
Operating budget FY 2021-2022
21-39
07-01-21
Capital improvements budget FY
2021-2022
T-29 SUPP.10 (7-2021)
ORD.
EFFECTIVE
DESCRIPTION
CODE
NO.
DATE
SECTION
21-40
06-21-21
North Kona Zone Map
ZA
21-41
06-21-21
Operating budget
21-42
06-21-21
Operating budget
21-43
06-21-21
Operating budget
21-44
06-25-21
Operating budget
21-45
06-25-21
City of Hilo Zone Map
ZA
21-46
06-25-21
City of Hilo Zone Map
ZA
21-47
06-25-21
Operating budget
21-48
06-25-21
Operating budget
21-49
07-15-21
City of Hilo Zone Map
ZA
21-50
07-30-21
Operating budget
21-51
08-03-21
Operating budget
--
21-52
08-03-21
Relating to processing of subdivision
23-58, 23-70,
and zoning applications and making
23-72, 23-74,
clerical revisions to permitted uses in
23-79, 25-2-3,
the family agricultural zoning district
25-5-62, 25-6-14
21-53
08-03-21
General Obligation Bond ($25,500,000
- Various public improvementprojects)
21-54
08-03-21
Operating budget
21-55
08-13-21
Operating budget
21-56
08-19-21
Relating to the public access, open
2-214.2, 2-215,
space, and natural resources
2-217
preservation commission and
maintenance fund
21-57
08-19-21
Repeals article relating to the disaster
2-208 to 2-213
and emergency fund
21-58
08-30-21
Operating budget
--
21-59
08-30-21
Operating budget
21-60
08-30-21
Operating budget
21-61
09-08-21
Construction code
5-1-2, 5-1-3,
5-1-5, 5-2-2,
5-2-3, 5-2-4,
5-4-21, 5-8-4,
5-10-1, 5A-1-3,
5A-1-6, 5A-3-21,
5A-3-22, 5A-3-27,
5D-1-3, 5D-1-6,
5E-1-6, 5F-1-6,
new chapters 5B
and 5C
21-62
09-22-21
City of Hilo Zone Map
ZA
21-63
09-22-21
Operating budget
21-64
10-06-21
City of Hilo Zone Map
ZA
SUPP.11 (1-2022) T-30
ORD.
NO.
EFFECTIVE
DATE
DESCRIPTION
CODE
SECTION
21-65
10-06-21
Relating to the membership and
tenure of the veterans advisory
committee
15-62
21-66
1 10-06-21
Operating budget
21-67
10-06-21
Authorizes formation of community
facilities district 1-2021 (Kaloko
Heights Project) and the levy of a
special tax on properties within this
district
21-68
10-20-21
Operating budget
21-69
10-20-21
Operating budget
21-70
10-20-21
Operating budget
21-71
10-20-21
Operating budget
21-72
10-20-21
Operating budget
21-73
10-20-21
Operating budget
--
21-74
11-08-21
Relating to meetings of the veterans
advisory committee
15-63
21-75
11-08-21
Operating budget
--
21-76
11-08-21
Capital improvements budget
21-77
11-08-21
Operating budget
21-78
11-08-21
Operating budget
21-79
11-18-21
Operating budget
21-80
11-18-21
Operating budget
21-81
11-18-21
Operating budget
--
21-82
11-30-21
Relating to expenditures from fund for
the workforce innovation and
opportunity act program
2-195
21-83
11-30-21
Operating budget
--
21-84
11-30-21
Operating budget
21-85
11-30-21
Operating budget
21-86
11-30-21
Operating budget
--
21-87
11-30-21
Relating to alcoholic beverages
14-1, 14-2.2
21-88
11-30-21
Operating budget
--
21-89
12-10-21
Implements a County transient
accommodations tax
2-259 to 2-269
(new article)
21-90
12-21-21
O e ating budget
21-91
12-21-21
Operating budget
21-92
12-29-21
Operating budget
T-31 SUPP.11 (1-2022)
SUPPLEMENT 10 (7-2021)
Insertion Guide
Hawaii County Code 1983 (2016 Edition)
Volumes 1 - 3
(Covering general ordinances effective through 06-30-21 and
numbered through 21-48)
This supplement consists of reprinted pages replacing existing pages in
the Hawaii 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 Paaes Insert Paaes
VOLUME 1
Vol. 1 Cover Page--------------------------------------------------------------------------------------- Vol. 1 Cover Page
Chapter 2 Administration
i—ii i—ii
---------------------------------------------------------------------------------------
2-7 — 2-8.2 2-7 — 2-8.2
Chapter 15 Parks and Recreation
15-23 — 15-26 15-23 — 15-26
VOLUME 2
Vol. 2 Cover Page--------------------------------------------------------------------------------------- Vol. 2 Cover Page
Chapter 19 Real Property Taxes
19-39 — 19-42 19-39 — 19-42.2
25-9 — 25-14
25-35 — 25-40
25-61— 25-64
25-73 — 25-74
25-77 — 25-80
25-85 — 25-86
25-89 — 25-90
25-93 — 25-94
25-105 — 25-106
25-109 — 25-110
25-151 — 25-154
25A-81 — 25A-82
25A-127 — 25A-128
Vol. 3 Cover Page
T-1 — T-6
T-27 — T-28
Chapter 25 Zoning
Chapter 25 Zoning Annexes
VOLUME 3
Legislative History
Supplement Insert Guide
25-9 —
25-14
25-35 —
25-40
25-61 —
25-64
25-73 —
25-74
25-77 —
25-80
25-85 —
25-86
25-89 —
25-90
25-93 —
25-94
25-105
— 25-106
25-109
— 25-110
25-151
— 25-154
25A-26.1 — 25A-26.2
25A-81— 25A-82
25A-127 — 25A-128
Vol. 3 Cover Page
T-1 — T-6
T-27 — T-30
Supp. 10 Insertion
Guide
2
THE HAWAI`I COUNTY CODE
1983 (2016 Edition, as amended)
Update to include: Supplement 10 (7-2021)
Contains ordinances effective through: 06-30-2021
A CODIFICATION OF THE GENERAL ORDINANCES
OF THE COUNTY OF HAWAI`I
STATE OF HAWAI`I
Office of the County Clerk
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
(808) 961-8255
Volume One
CHAPTER 2
ADMINISTRATION
Article 1. General Provisions.
Section 2-1. Purpose of chapter.
Section 2-2. Bonds of officials required; amount; filing; payment of premiums.
Section 2-3. Issuance of commissions.
Section 2-4. Subpoenas.
Section 2-5. Inspections; charges for overtime.
Section 2-5.1. Hawaiian language; spelling.
Article 2. Executive Branch.
Section 2-6. Office of the mayor.
Section 2-7. Organization of executive branch.
Section 2-8. Order of succession to office of mayor.
Article 3. Office of the Corporation Counsel.
Section 2-9. Settlement of claims.
Section 2-10. Settlement of land acquisitions.
Article 3A. Office of the Prosecuting Attorney.
Section 2-10A. Appointment of personnel.
Article 4. Department of Finance.
Section 2-11.
Issuance of warrants.
Section 2-12.
Refund of permit fees.
Section 2-12.1.
Encumbrances.
Section 2-12.2.
Lien parity.
Section 2-12.3.
Change orders and contract supplements; notification to the council.
Section 2-12.4.
Fund balance.
Section 2-12.5.
Temporary positions; notification to the council.
Section 2-12.6.
Annual revenue report.
Section 2-12.7.
Fiscal impact statements.
Article 5. Fire Department.
Section 2-13.
Fire chief; appointment; qualifications.
Section 2-14.
Powers, duties and functions.
Section 2-15.
Fire commission.
Section 2-15.1.
Powers, duties and functions.
SUPP.10 (7-2021)
Article 6. Volunteer Fire Department.
Section 2-16.
Volunteer fire department created.
Section 2-16.1.
Volunteer fire stations.
Section 2-17.
Head of volunteer fire department.
Section 2-18.
Appointment of other personnel.
Section 2-19.
Volunteer personnel.
Section 2-20.
Mileage reimbursements for volunteer fire personnel.
Section 2-21.
Coordination of volunteer and regular fire departments.
Section 2-22.
Use of County fire -fighting equipment.
Section 2-23.
Benefits.
Section 2-24.
Extent of coverage.
Section 2-25.
Computation of wages.
Section 2-26.
Volunteers not members of volunteer fire department.
Article 7. Planning Department.
Section 2-27.
Windward and leeward planning commissions.
Section 2-28.
Quorum; meetings.
Section 2-28.1.
Community development plan.
Section 2-29.
Records of findings required; location of office.
Section 2-30.
Publication of notice.
Section 2-31.
General plan; contents; location.
Section 2-32.
Subdivision regulations.
Section 2-33.
Zoning regulations; amendments.
Section 2-34.
Application for changes or new provisions.
Section 2-35.
Repealed.
Section 2-35.1.
Urban renewal.
Article 8. Department of Research and Development.
Section 2-36. Purpose.
Section 2-37. Sustainability Action Committee.
Section 2-37.1. Duties of the committee.
Section 2-37.2. Guidelines for committee recommendations.
Article 9. Department of Public Works.
Division 1. Organization.
Section 2-38.
Director of public works as department head.
Section 2-39.
Duties of director of public works.
Section 2-40.
Duties and functions of department.
Section 2-41.
Divisions within department.
ii
ADMINISTRATION
§ 2-12.2
(b) In the event of delinquencies, parity liens may be foreclosed together or in separate
foreclosures and the amounts realized by foreclosure, together or separately, as
applicable, shall be applied in the manner provided above for payments billed and
collected together or separately.
(c) Notwithstanding any provision of this code to the contrary, foreclosure of any parity
lien or liens shall not extinguish or otherwise affect any parity lien or liens for
amounts that are not satisfied by such foreclosure.
(2008, ord 08-157, sec 2.)
Section 2-12.3. Change orders and contract supplements;
notification to the council.
The director of finance shall notify the council of all change orders and contract
supplements executed by the County no later than thirty days after authorization of the
change order or contract supplement. Notification shall be provided by submitting a
report to be placed on the council committee agenda designated to handle matters of
finance. The report shall include the following: job number; contract number; project
title; contract type; contracting agency, office, or department of the County; project
manager; contractor or contractors; original contract amount; date the contract was
awarded; number of change orders or contract supplements; total amount of the change
order or contract supplement; percentage of increase or decrease; and the status of the
project.
(2011, ord 11-2, sec 2.)
Section 2-12.4. Fund balance.
(a) Definitions.
"Unassigned fund balance" means the residual classification for the general fund
and includes all amounts not contained in the other classifications, such as non -
spendable, restricted, committed, and assigned fund balances. Unassigned amounts
are technically available for any purpose.
(b) If a governmental fund has a fund balance deficit, then it shall be reported as a
negative amount in the unassigned classification in that fund. Positive unassigned
amounts will be reported only in the general fund.
(c) The director of finance shall provide the budgetary fund balance and the fund
balance designated for a future year, as separate line items, in a written report to
the council no later than October 15 for the preceding fiscal year. This report shall
be presented to the committee designated to review financial matters as soon as
practicable after its receipt. In the absence of council committees, the report shall
be sent to the council in the same time frame.
(d) The director of finance shall provide the Comprehensive Annual Financial Report
(CAFR) containing the audited, unassigned fund balance to the council no later
than December 31 for the preceding fiscal year. This report shall be presented to
the committee designated to hear financial matters, or in the absence of council
committees, the report shall be sent to the council as soon as practicable after its
receipt.
2-7
§ 2-12.4 HAWAI`I COUNTY CODE
(e) If a report may be late, the director of finance shall submit a written
communication to the council with an explanation of the reason for being late
before the deadlines in (c) and (d) above. The communication shall be placed on the
agenda in the committee charged with financial issues or in the absence of council
committees, the communication shall be sent to the council as soon as practicable.
(2011, ord 11-37, sec 2.)
Section 2-12.5. Temporary positions; notification to the council.
(a) The director of human resources shall notify the council about any person employed
under a contract for less than ninety days if:
(1) The salary is $2,500 or more per month; and
(2) The temporary position is unrelated to a state of emergency declaration.
(b) A quarterly report shall be submitted and placed on the council committee agenda
designated to handle matters of finance. The report shall contain the contractor's
name, the duration of the contract, the cost of the contract, and the service to be
performed.
(2017, ord 17-42, sec 1.)
Section 2-12.6. Annual revenue report.
(a) The director of finance shall submit to the council a revenue report on or before
January 31 of each year. The revenue report shall cover the period of July 1
through June 30 of the previous fiscal year. The revenue report shall include
information from every County agency or department that collects revenue in the
form of fees, rates, or charges established by:
(1) Administrative rule;
(2) Ordinance; or
(3) A County board or commission.
(b) The revenue report shall include for each entry: account number; agency or
department that administers the fee, rate, or charge; type of fee, rate, or charge;
date and amount of the most recent adjustment to the fee, rate, or charge; brief
description of the revenue; if the fee, rate, or charge is applied on an annual,
monthly, or per use basis; and the total amount of revenue collected during the
applicable fiscal year.
(2019, ord 19-105, sec 1.)
Section 2-12.7. Fiscal impact statements.
(a) "Fiscal impact statement" means a concise assessment of the immediate and
potential future effects a proposed ordinance may have on revenues, expenditures,
taxes, and fiscal liabilities.
SUPP.10 (7-2021) 2-8
ADMINISTRATION
§ 2-12.7
(b) A fiscal impact statement for a proposed ordinance that affects the revenues,
expenditures, taxes, and fiscal liabilities of the County may be initiated by the
director of finance at any time, or upon a council member's written request
submitted to the director of finance no later than 4:30 p.m. on the date of the first
required council reading of the proposed ordinance. The director of finance shall
submit the fiscal impact statement to the council no later than noon on the business
day prior to the second required council reading. Nothing in this section shall be
construed to limit the ability of the council to act on a proposed ordinance in the
absence of a requested fiscal impact statement.
(c) This section shall not apply to any proposed ordinance to amend the Hawaii
County Charter or to establish the operating budget or capital budget for the
following fiscal year.
(2021, ord 20-79, sec 1.)
Article 5. Fire Department.
Section 2-13. Fire chief; appointment; qualifications.
The fire chief shall be appointed by the fire commission and may be removed by the
fire commission at its sole discretion. Any motion for removal of the fire chief must
contain a statement of reasons, and the fire chief must be allowed to respond to the
statement of reasons before being removed. The fire chief shall have a minimum of five
years of training and experience in fire control, including at least three years of
experience in a responsible administrative capacity.
(1983 CC, c 2, art 5, sec 2-13; am 2001, ord 01-109, sec 1.)
Section 2-14. [Former] Repealed.
(1983 CC, c 2, art 5, sec 2-14.)
Section 2-14. Powers, duties and functions.
The fire chief shall:
(1) Perform firefighting and emergency services in order to save lives and
property from fires and from emergencies arising on land, or the sea and
hazardous terrain;
(2) Train, equip, maintain and supervise a force of firefighting and emergency
services personnel;
(3) Monitor the construction and occupancy standards of buildings for the
purposes of fire prevention and life safety;
(4) Provide educational programs related to fire prevention and life safety;
(5) Appoint the deputy fire chief and the private secretaries to the fire chief and
the deputy fire chief;
(6) Appoint members of the department under established personnel rules and
regulations, and statutes; and
(7) Have such other powers, duties and functions as may be required by
ordinance.
(2001, ord 01-109, sec 1.)
2-8.1 SUPP.10 (7-2021)
HAWAI`I COUNTY CODE
This page intentionally left blank.
SUPP.2 (7-2017) 2-8.2
PARKS AND RECREATION § 15-68.1
Section 15-68.1. Parks and recreational facility schedule.
PARKS
Hilo/Hamakua
Afook-Chinen Civic Auditorium
Kaiwiki Park
Ahualam Park
Kal5kaua Park
Ainako Park
Kamana Senior Center
Ainaola Park
Kanakea Pond
Aunty Dottie Thompson Hale
Kaumana Caves
Aunty Sally Kaleohano's Luau Hale
Kaumana Lam Park
Bakers Beach
Keikiland Playground
Carlsmith Beach Park
Kolekole Gulch Park
Charles "Sparky" Kawamoto Swim
Kuhio Kalaniana`ole Park
Stadium
Kukuihaele Park
Clem Akina Park
(1) Takashi "Taka" Domingo Pavilion
East Hawaii Cultural Center
Kula`imano Park
Edith Kanakaole Multi -purpose Stadium
L515kea Pond Beach Park
Francis F.C. Wong Stadium
Laup5hoehoe Point Beach Park
Frank M. Santos Park
Laup5hoehoe Senior Center
Gilbert Carvalho Park
Laup5hoehoe Swimming Pool
Haina Park
Lehia Beach Park
Hakalau Veterans Park
Leleiwi Beach Park
Happiness Gardens
Liholiho Garden
Hilo Armory
Lili`uokalani Gardens
Hilo Bayfront Beach
Lincoln Park
Hilo Bayfront Soccerfields
(1) Dr. Ruth E. Oda Playground
Hilo Drag Strip
Lokahi Park
Hilo Municipal Golf Course
Machado Acres Park
Hilo Pomaika`i Senior Center
M51ama Park
Hilo Skeet Range
Mohouli Park
Honoka`a Park
Mokuola Island
(1) Lala Epenesa, Jr. Ballfield
Mo`oheau Park
Honoka`a Rodeo Arena
NAS Swimming Pool
(1) Rose Andrade Correia Stadium
Onekahakaha Beach Park
Honoka`a Swimming Pool
(1) Uncle David K. Calles, Sr.
Honoli`i Beach Park
Horseshoe Courts
Honomu Park
`O okala Park
Ho`olulu Complex
Pa`auilo Park
Hualani Park
Pana`ewa Equestrian Center
(1) Ronald Futoshi "Harpo" Saiki
Pana`ewa Park
Officials' Stand
Pana`ewa Rainforest Zoo and Gardens
James Kealoha Beach Park
Papa`aloa Park
15-23 SUPP.10 (7-2021)
§ 15-68.1 HAWAI`I COUNTY CODE
PARKS (continued)
Hilo/Hamakua (continued)
Pepe`ekeo Community Center
Waiakea Waena Park
Princess Abigail Wahiika`ahu`ula
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
Waiakea Recreation Center
Waipi`o Look Out
Waiakea-Uka Park
Wai`uli Beach Park
(1) Stanley Costales Waiakea-Uka
Walter C.K. Victor Baseball Complex
Gym
Ka`u
Kahuku Park
P5hala Tennis and Basketball Courts
Laurence J. Capellas Ballfield
Punalu`u Black Sand Beach Park
N5`51ehu Park
Representative Robert N. Herkes
P5hala Community Center
Gymnasium and Shelter
P5hala Swimming Pool
Wai ohinu Park
Whittington Beach Park
Kohala
Kamakoa Nui Park
Spencer Kalani Schutte District Park
Kamehameha Park
Spencer Park at `Ohai`ula Beach
(1) Shiro Takata Field
(1) Samuel Mahuka Spencer Pavilion
Kapa`a Beach Park
Waikoloa Community Park
Keokea Beach 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
PARKS AND RECREATION § 15-68.1
PARKS (continued)
Kona
Ali`i Kai Park
Kona Imin Center
Arthur C. Greenwell Park
Kona Waena Swimming Pool
Clarence Lum Won Park
Ku`emanu Heiau
Hale H515wai
La`aloa Bay Beach Park
Harold H. Higashihara Park
Magic Sands Beach Park
Honaunau Boat Ramp
Miloli`i Beach Park
Honaunau Rodeo Arena
N5kamalei Playground
Ho`okena Beach Park
Old Kona Airport Park
Kahalu`u Beach Park
Pahoehoe 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
`Ahalanui Park/Maunakea Pond
Kurtistown Park
A.J. Watt Gym
Mt. View Park
Glenwood Park
P5hoa District Park
Hawaiian Beaches Park
(1) Ginny Aste Skate Park
Herbert Shipman Park
(2) P5hoa Aquatic Center
(1) Buddy Perry Soccer Field
(3) P5hoa Neighborhood Facility
Isaac Kepo`okalani Hale Beach Park
Volcano Park
Kahakai Park
Kea`au Community Center
15-25 SUPP.4 (7-2018)
§ 15-68.1 HAWAI`I COUNTY CODE
CEMETERIES
Hilo/Hamakua
`Alae Cemetery
Pa`alaea Cemetery (Honoka`a)
Kainehe Cemetery (Kuka`iau)
Veterans Cemetery No. 1
Kihalam Cemetery (Laup5hoehoe)
Veterans Cemetery No. 2
Kukuihaele Cemetery
Waiakea Uka Cemetery
Ka`u
Na`51ehu Cemetery
North/South Kohala
Kahei Cemetery
Waimea Cemetery
Kona
West Hawaii Veterans Cemetery-Pu`u
Ho`omaha O Na Po`e Koa O Hawai`i
Komohana
Hienaloli Cemetery (Keopu)
(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; am 2021, ord 21-3, sec 2.)
SUPP.10 (7-2021) 15-26
THE HAWAI`I COUNTY CODE
1983 (2016 Edition, as amended)
Update to include: Supplement 10 (7-2021)
Contains ordinances effective through: 06-30-21
A CODIFICATION OF THE GENERAL ORDINANCES
OF THE COUNTY OF HAWAI`I
STATE OF HAWAI`I
Office of the County Clerk
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
(808) 961-8255
Volume Two
REAL PROPERTY TAXES § 19-58.2
(c) If any improvements are undertaken on the dedicated property, and such
improvements increase the market value of the dedicated property, the assessment
shall be increased based on the market value of the improvements undertaken,
however, the assessed valuation for ensuing tax years shall be determined in
accordance with the provisions of section 19-58.2(a).
(d) If any improvements are undertaken on the dedicated property, the owner shall
obtain the required building permit for the construction of new or additional
improvements or renovations of the dedicated property. Violation of this reporting
requirement will result in cancellation of the dedication and activate payment of
retroactive taxes and penalties.
(e) In the case where additional dwelling units are constructed or a single-family
dwelling unit is renovated or converted into a two or more family dwelling unit all
in accordance with article 6, chapter 25, Hawai`i County Code of 1983, as amended,
the dedication shall not be cancelled provided the owners within sixty days of the
change submit a written petition to continue the dedication and file the claim for
home exemption and the owners would continue to be eligible for the home
exemption. If the owner fails to submit the written petition in a timely manner or
uses the additional dwelling units or renovated areas for rental or income -
producing purposes the dedication shall be cancelled and the retroactive taxes
imposed.
(f) If the dedicated property loses the home exemption under which it was dedicated,
or if the dedicated property or any portion thereof is sold by way of a conveyance
which is subject to conveyance tax under the terms of chapter 247, Hawaii Revised
Statutes, the dedication shall be deemed breached. Occupancy of a separate living
unit by an immediate family member is permissible under this section and is not
considered a breach of dedication provided all other provisions are met. For the
purpose of this section immediate family is defined as: parents, brothers, sisters,
spouses, children, parents -in-law, grandparents, and grandchildren.
(g) Retroactive assessments shall be imposed upon the breach of the dedication. The
retroactive assessment shall be calculated as the cumulative difference between the
amount that should have been owed without the dedication less the amount
actually paid for each of the years deemed to be in breach plus penalty at a rate of
ten percent. If the dedicated property is sold, the retroactive assessment for that
year shall be calculated as the difference between the dedicated value and the
higher of either the actual selling price or the value of the property at its actual
use. In the case of properties dedicated to nonspeculative use, notice of assessment
as prepared under section 19-27 shall delineate the dedicated value and market
value, beginning tax year 1993-94.
(h) Section 19-58.2 shall be repealed upon the final participant in the nonspeculative
residential use program being converted as provided in subsection 19-53(g).
(1990, ord 90-137, sec 3; am 1991, ord 91-122, sec 3; am 1997, ord 97-84, sec 1; am 2008,
ord 08-156, sec 3.)
19-39
§ 19-58.3 HAWAI`I COUNTY CODE
Section 19-58.3. Repealed.
(1990, ord 90-137, sec 3; rep 1997, ord 97-84, sec 1.)
Section 19-58.4. Repealed.
(1996, ord 96-71, sec 3; am 1997, ord 97-84, sec 1; rep 2003, ord 03-103, sec 5.)
Article 8. [Former] Repealed.
(1983 CC, c 19, art 8, sec 19-59; rep 1997, ord 97-84, sec 1.)
Article 8. Dedications.
Section 19-59. [Former] Repealed.
(1983 CC, c 19, art 8, sec 19-59; rep 1997, ord 97-84, sec 1.)
Section 19-59. Native forest dedications.
(a) Native forest categories.
(1) "Native forests" means lands which have sixty percent or greater native
species forest cover.
(A) Native species are defined as those species that are either endemic or
indigenous to the Hawaiian islands. Native species in this context shall
mean plants that became established or evolved in the Hawaiian islands
without the aid of human beings.
(B) The forest cover requirement may be met by native species in either the
tree layer or the understory layer, or a combination of the two; provided
a minimum twenty-five percent of the forest cover shall contain
tree cover.
(2) "Functional forests" means lands which have sixty percent or greater native
species forest cover combined with non-native/non-invasive species
forest cover.
(A) Non-native/non-invasive species are defined as those species that are not
native to the Hawaiian islands, having arrived with human help, which
do not invade or overtake native species habitat and have a Hawai`i-
Pacific Weed Risk Assessment score of six or less, with seven or more
being a designation of high risk. Exceptions to the score must be justified
in the forest management plan or forest restoration plan.
(B) The forest cover requirement may be met by native species and non-
native/non-invasive species in either the tree layer or the understory
layer, or a combination of the two; provided a minimum twenty-five
percent of the forest cover shall contain tree cover and a minimum of half
of the forest cover shall contain native species.
SUPP.10 (7-2021) 19-40
REAL PROPERTY TAXES
§ 19-59
(3) "Successional forests" means lands which have new lava substrates currently
unsuitable for cultivation such that soil depths and/or organic matter are less
than 10 cm.
(A) Successional forests are lava flows in the earliest stages of becoming
forested land and which would not currently meet the native forest or
functional forest requirements.
(B) Successional forest lands must be maintained to promote either a native
forest or functional forest development.
(b) Forest dedication process.
(1) Forest preservation.
An owner who desires to dedicate the land for native forest or functional forest
preservation shall petition the director, following the requirements of the
administrative rules and regulations, to dedicate the land for a period of
twenty years. The forest preservation plan must demonstrate that the land
qualifies as a native forest or functional forest dedication as provided herein at
the beginning of the dedication period. The term "owner" includes lessees of
real property whose term extends at least twenty years from the effective date
of the dedication.
(A) Any property three acres or larger within agricultural, residential and
agricultural, family agricultural, intensive agricultural, and agricultural
project districts, or open zoned districts, which includes at least 2.75
intact and contiguous acres of native forest or functional forest is eligible
for dedication as native forest or functional forest property if it meets the
classification requirements as provided herein.
(B) The petition shall be filed with the director by September 1 of any
calendar year and shall be approved or disapproved by December 15. If
approved, the dedication shall be effective on July 1 of the following
tax year.
(C) The director shall determine whether or not land qualifies as native
forest or functional forest by using current natural resource or vegetation
maps or other acceptable evidence. Other acceptable evidence includes,
but is not limited to:
(1) A written affidavit by a recognized professional in the field of
natural resources, or
(ii) A finding by a County, State or Federal agency or department with
the relevant expertise in the field of natural resources.
(D) If the director's findings are favorable, the petition shall be approved and
the land shall be declared dedicated. Approval of the petition to dedicate
shall constitute a forfeiture on the part of the owner of any right to
change the use of the land to a use other than preservation for a
minimum period of twenty years. In order to place prospective buyers on
notice of the rollback tax liability, the director shall, within sixty days of
notice of approval, record the dedication in accordance with the
procedures of the bureau of conveyances.
19-41 SUPP.10 (7-2021)
§ 19-59
HAWAI`I COUNTY CODE
(2) Forest restoration.
If a property does not qualify as a native forest or functional forest, an owner
may petition the director, following the requirements of the administrative
rules and regulations, to dedicate the land for a period of twenty years for a
native forest or functional forest or fifty years for a successional forest through
a forest restoration plan. The forest restoration plan must demonstrate that
the land will qualify as a native forest, functional forest, or continue to qualify
as a successional forest as provided herein by the end of the dedication period.
The term "owner" includes lessees of real property whose term extends at least
twenty years from the effective date of the dedication for native forest and
functional forest dedications and fifty years for successional forest dedications.
(A) Any property three acres or larger within agricultural, residential and
agricultural, family agricultural, intensive agricultural, and agricultural
project districts, or open zoned districts, which includes at least 2.75
intact and contiguous acres in the forest restoration plan is eligible for
dedication if the forest restoration plan achieves the classification
requirements within the dedication period.
(B) The petition shall be filed with the director by September 1 of any
calendar year and shall be approved or disapproved by December 15. If
approved, the dedication shall be effective on July 1 of the following tax
year.
(C) The director shall determine whether or not the forest restoration plan
qualifies as native forest, functional forest, or successional forest by
using current natural resource or vegetation maps or other acceptable
evidence. Other acceptable evidence includes, but is not limited to:
(1) A written affidavit by a recognized professional in the field of
natural resources, or
(ii) A finding by a County, State or Federal agency or department with
the relevant expertise in the field of natural resources.
(D) If the director's findings are favorable, the petition shall be approved and
the land shall be declared dedicated. Approval of the petition to dedicate
shall constitute a forfeiture on the part of the owner of any right to
change the use of the land to a use other than preservation for a
minimum period of twenty years to fifty years depending upon the type
of dedication. In order to place prospective buyers on notice of the
rollback tax liability, the director shall, within sixty days of notice of
approval, record the dedication in accordance with the procedures of the
bureau of conveyances.
(E) The owner shall provide to the director evidence every five years that the
forest restoration plan is being implemented, as well as a signed and
notarized affidavit, following the requirements of the administrative
rules and regulations, that the restoration plan is likely to succeed
within the designated time period. The owner shall continue to fulfill all
other requirements of the agricultural assessment, including providing
SUPP.10 (7-2021) 19-42
REAL PROPERTY TAXES
§ 19-59
proof at the director's request that any portion of the parcel not being
restored to a native forest or functional forest, but still being assessed for
an agricultural use, continues to be used and maintained substantially
and continuously in the approved agricultural use.
(F) If, at the end of the time period designated in the plan the land does not
meet the requirements of the forest restoration plan, the owner may
return the land to its previous designated use or it shall be assessed and
taxed at market value without penalty, provided that the owner has
submitted the required verification that all conditions of the forest
restoration plan have been met.
(c) Forest dedication value.
(1) Dedicated native forest land shall be assessed at a preferential per -acre value
in its restricted preservation use. In determining the value of lands which are
classified native forest, the director shall assign a native forest assessment
value no greater than fifty percent of the lowest dedicated agricultural use
category. No preferential value shall be granted to native forest land unless it
is dedicated.
(2) Dedicated functional forest land shall be assessed at a preferential per -acre
value in its restricted preservation use. In determining the value of lands
which are classified functional forest, the director shall assign a functional
forest assessment value as twice the value of the native forest assessment
value. No preferential value shall be granted to functional forest land unless it
is dedicated.
(3) Dedicated successional forest land shall be assessed at a preferential per -acre
value in its restricted preservation use. In determining the value of lands
which are classified successional forest, the director shall assign a nominal
value of $100. No preferential value shall be granted to successional forest
land unless it is dedicated.
(d) Breach of dedication.
The dedication shall be deemed breached and the tax assessment privilege
cancelled retroactive to the date of the dedication, or the latest renewal period, and
all differences in the amount of taxes that were paid and those that would have
been due from assessment in the higher use shall be payable with a ten percent
penalty and the forest classification shall be rescinded, upon any of the following:
(1) Failure of the owner to observe the restrictions on the use of the land; or
(2) The cover of native forest species falls below sixty percent for native forest
preservation; or
(3) The cover of native forest species combined with non-native/non-invasive
forest species falls below sixty percent for functional forest preservation; or
(4) Failure of the owner to undertake specific actions as outlined in the forest
restoration plan; or
(5) The property is rezoned to a higher use at the owner's request; or
(6) The property is subdivided into parcels of less than three acres; or
19-42.1 SUPP.10 (7-2021)
§ 19-59
HAWAI`I COUNTY CODE
(7) A condominium property regime is declared for the property having
condominium units with an area equivalent to less than three acres. Each unit
shall be treated as a subdivision into lots of like size; or
(8) The dedicated property or any portion thereof is sold by way of a conveyance
which is subject to conveyance tax under the terms of chapter 247, Hawaii
Revised Statutes, unless the director submits a notarized affidavit signed by
the owner to the bureau of conveyances stating that the land shall continue to
be subject to the full requirements of the dedication, including the full
penalties and rollback taxes imposed for violation; or
(9) The dedicated property is not maintained according to sound land
management practices such that soil erosion is minimized, foreign species are
controlled, and the watershed is protected.
(e) Exemption to breach of dedication.
The director may cancel a dedication without rollback taxes or penalties in the
event of any of the following:
(1) A recognized natural disaster beyond the owner's control; or
(2) The death or severe disability of the principal owner such that the native
forest, functional forest, or successional forest maintenance and/or restoration
cannot continue. Corporations and partnerships are not eligible for this death
or severe disability exemption.
(f) Changing between native forest categories.
If the owner desires to change from one forest category to another, the owner shall
petition the director and provide evidence that the land meets the requirements for
the new category. The petition shall be filed with the director by September 1 of
any calendar year and shall be approved or disapproved by December 15. If
approved, the dedication shall be effective on July 1 of the following tax year.
(g) At least one hundred eighty days prior to the cancellation, the department of
finance shall notify the owner by mail of such cancellation. The owner may reapply
for renewal of the dedication by filing an application with the director on or before
September 1 of the last year of the dedication period. The renewal petition shall, in
all respects, be processed in the same manner as an original petition. Upon
approval of succeeding dedications by the director, the property shall continue to be
assessed in accordance with the provisions of this section.
(h) The owner may appeal a petition that has been disapproved as in the case of an
appeal from an assessment.
(1) The director shall establish rules and regulations necessary to administer this
section, pursuant to chapter 91, Hawai`i Revised Statutes.
(2003, ord 03-103, sec 6; am 2021, ord 20-60, sec 2.)
Section 19-60. [Former] Repealed.
(1983 CC, c 19, art 8, sec 19-60; rep 1997, ord 97-84, sec 1.)
SUPP.10 (7-2021) 19-42.2
ZONING
§ 25-1-5
"Land use" means use of land, building use and use of any building.
"Livestock" means all animals generally associated with farming, which are raised
or kept for food and other agricultural purposes. Such animals include horses, cattle,
goats, sheep, chickens, ducks, geese and other poultry and swine.
"Livestock production" means a distinct agricultural operation or establishment
which keeps, feeds, or raises livestock for commercial purposes and as a principal land
use. These include piggeries, dairies, dairy and beef cattle ranching, feedlots, chicken,
turkey and other poultry farms, rabbit farms, apiaries and aviaries.
"Lodge" means a building or group of buildings, under single management,
containing transient lodging accommodations without individual kitchen facilities, and
no more than forty guest rooms or suites, and generally located in agricultural, rural or
other less populated areas.
"Lot" means a building site or a parcel of land shown as a unit on an approved
subdivision map, or a survey map.
"Lot line" means any boundary of a building site or property line, and includes:
(A) "Interior lot line" which is any lot line other than the street frontage.
(B) "Rear lot line" which is the lot line that is generally opposite the street
frontage.
"Lot width" means that figure obtained by dividing the total area of a building site
by the maximum depth of the building site measured in the general direction of the side
lines.
"Main building" means a building in which is conducted a principal or main use on
the building site on which it is situated.
"Manufacturing, processing and packaging, general" means activities which are the
main purpose of establishments primarily involved in the manufacture, processing,
assembly, fabrication, refinement, alteration and/or other end products suitable for sale
or trade. General manufacturing, processing and packaging establishments are those
involving significant mechanical and chemical processes, large amounts of metal
transfer, or extended shift operations. Typical activities include, but are not limited to:
paper and textile milling; wood millwork and the production of prefabricated structural
wood products; the manufacture of soaps and detergents; rubber processing and the
manufacture of rubber products; the production of plastics and other synthetic
materials; primary metals processes; the manufacture of vehicles; machinery and
fabricated metal products; electroplating; cement making and the production of
concrete; gypsum and related products; the production of chemical products; perfumes
and pharmaceuticals; and the production of paving and roofing materials. General
manufacturing does not include those activities associated with petroleum processing;
the manufacture of explosives and toxic chemicals; waste disposal and processing;
and/or the processing of salvage, scrap and junk materials.
25-1-5 HAWAI`I COUNTY CODE
"Manufacturing, processing and packaging, light" means activities which are the
main purpose of establishments primarily involved in the manufacture, processing,
assembly, fabrication, refinement, alteration and/or other end products suitable for sale
or trade. Light manufacturing, processing and packaging establishments involve
activities which are non -offensive to adjacent uses; involve no open storage or other
types of outdoor accessory uses other than parking and loading; do not involve processes
which generate significant levels of heat, noise, odors and/or particulates; and do not
involve chemicals or other substances which pose a threat to health and safety. Typical
activities include, but are not limited to, the production of handcrafted goods,
electronics -intensive equipment, components related to instrumentation and measuring
devices, bio-medical and telecommunications technologies, computer parts and software,
optical and photographic equipment, and other manufacturing, processing and
packaging uses meeting the criteria prescribed herein.
"Medical clinic" means an office building or group of offices for persons engaged in
the practice of a medical or dental profession or occupation. A medical clinic does not
have beds for overnight care of patients but can involve the treatment of outpatients. A
"medical profession or occupation" is any activity involving the diagnosis, cure,
treatment, mitigation or prevention of disease or which affects any bodily function. This
includes massage, acupuncture, chiropractic, and other similar health service facilities.
"Meeting facility" means a permanent facility for nonprofit recreational, social or
multi -purpose use, which has no overnight accommodations, and which may be for
organizations operating on a membership basis for the promotion of members' mutual
interests or may be primarily intended for community purposes. Typical uses include
private clubs, union halls, community centers, and student centers.
"Mobile dwelling" means a structure or vehicle containing one or more dwelling
units designed so as to be transportable either by being carried or towed or under its
own power, whether or not the wheels, skids or other devices for transportability are
actually in place.
"Mortuary" means a business used to prepare a decedent before burial or
cremation. It may also contain a morgue, funeral home, or crematory, and may provide
funeral services.
"Multiple -family dwelling" means a building containing more than two dwelling
units.
"Nonconforming building or parcel" means a building or parcel lawfully in existence
on September 21, 1966 or on the date of any amendment to this chapter, but which does
not comply with the regulations for the zoning district in which it is located.
"Nonconforming use" means a use lawfully in existence on September 21, 1966 or
on the date of any amendment to this chapter, but which does not conform to the
regulations for the zoning district in which it is located.
"Ohana dwelling" means a second dwelling unit permitted to be built as a separate
or an attached unit on a building site, but does not include a guest house or a farm
dwelling.
SUPP.10 (7-2021) 25-10
ZONING
§ 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, 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 Hawaii
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.
25-11 SUPP.10 (7-2021)
25-1-5 HAWAI`I COUNTY CODE
"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) 25-12
ZONING
§ 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.
25-13 SUP.9 (1-2021)
25-1-5 HAWAI`I COUNTY CODE
"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, Hawaii 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; am 2021, ord 21-26, sec 2.)
SUPP.10 (7-2021) 25-14
ZONING § 25-2-56
Section 25-2-56. Repealed.
(1996, ord 96-160, sec 2; ratified April 6, 1999; rep 1999, ord 99-112, sec 7.)
Section 25-2-57. Repealed.
(1996, ord 96-160, sec 2; ratified April 6, 1999; rep 1999, ord 99-112, sec 8.)
Section 25-2-58. Appeals.
(a) If the director denies a variance application, such decision is final except, that,
within thirty days after the date of the written decision, the applicant may appeal
such action to the board of appeals, pursuant to the rules of practice and procedure
of the board of appeals.
(b) Any person aggrieved by the decision of the director in the issuance of a variance
decision may appeal the director's action to the board of appeals, in accordance with
this chapter, within thirty days after the date of the director's written decision.
(1999, ord 99-112, sec 6.)
Division 6. Use Permits.
Section 25-2-60. Purpose.
Use permits are permits for certain permitted uses in zoning districts which require
special attention to insure that the uses will neither unduly burden public agencies to
provide public services nor cause substantial adverse impacts upon the surrounding
community.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-2-61. Applicability; use permit required.
(a) The following uses shall be permitted within designated County zoning districts
only if a use permit is obtained for the use from the commission:
(1) Bed and breakfast establishments in RS, RA, FA, and A districts, provided
that the property is within the state land use urban district.
(2) Crematoriums, funeral homes, funeral services and mortuaries in RS, RD,
RM, RCX, RA, FA, A and V districts.
(3) Churches, temples and synagogues, including meeting facilities for churches,
temples, synagogues and other such institutions, in RS, RD, RM, RA, FA and
A districts; provided that a minimum building site area of ten thousand square
feet is required within the RS, RD, RM, and RA districts.
(4) Day care centers in RS, RD, RM, RA, FA and A districts, provided that a
minimum building site area of ten thousand square feet shall be required
within the RS, RD, RM, and RA districts.
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§ 25-2-61 HAWAI`I COUNTY CODE
(5) Golf courses and related golf course uses including golf driving ranges, golf
maintenance buildings, and golf club houses in the RS, RD, RM, RCX, RA, FA,
A, V, CG, CV, and O districts, provided that the property is within the state
land use urban or rural district. Golf courses and golf driving ranges shall not
be permitted within the state land use agricultural district unless approved by
the County before July 1, 2005.
(6) Group living facilities that exceed the criteria in subsection 25-1-5(b),
paragraph (b) of the definition of "group living facility" in the RS, RD, RM,
RCX, RA, FA, A, CN, CG, CV, and V districts.
(7) Hospitals, sanitariums, old age, convalescent, nursing and rest homes in the
RS, RD, RM, RCX, RA, FA, A, and V districts, provided that a minimum
building site area of ten thousand square feet shall be required within the RS,
RD, RM, RCX and RA districts.
(8) Major outdoor amusement and recreation facilities in RCX, RA, A, CN, CG,
CV, MCX, ML, MG and O districts.
(9) Medical clinics in RS, RD, RM, RA, FA, and A districts.
(10) Schools in RS, RD, RM, RA, FA, A, V, MCX, ML, and MG districts, provided
that a minimum building site area of ten thousand square feet shall be
required within the RS, RD, RM, and RA districts.
(11) Telecommunication antennas and towers in RS, RD, RM, RCX, RA, FA, A, IA
and O districts.
(12) Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA, V, CG, CV,
MCX, ML, MG and O districts.
(13) Wind energy facilities in the O district; provided that the property is within
the state land use agricultural district.
(14) Other unusual and reasonable uses which are not specifically permitted in any
zoning district with the approval of the director and the concurrence of the
council by resolution.
(b) Any use which received an approval as a conditionally permitted use prior to
September 25, 1984, or which received prior approval through the use permit
process, is considered a legal use of the affected parcel and may be expanded or
enlarged without obtaining another use permit, provided such expansion,
enlargement or addition is in full compliance with this chapter and the applicable
district regulations.
(c) A use permit shall not be required for any use described in subsection (a) above, if a
special permit is obtained for that use, pursuant to section 205-6, Hawai`i Revised
Statutes.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2007, ord 07-55, sec 2; am 2008, ord
08-2, sec 2; am 2010, ord 10-17, sec 2; am 2011, ord 11-25, sec 1; ord 11-26, sec 1; am
2012, ord 12-91, sec 2; ord 12-124, sec 2; am 2014, ord 14-86, sec 2; am 2019, ord 19-100,
sec 2; am 2021, ord 21-26, sec 3.)
SUPP.10 (7-2021) 25-36
ZONING
§ 25-2-62
Section 25-2-62. Application for use permit; requirements.
(a) An application for a use permit shall be made to the commission, in accordance
with its rules, on a form prescribed by the commission.
(b) The application shall be accompanied by:
(1) A filing fee of $500;
(2) A description of the property in sufficient detail to determine the precise
location of the property involved;
(3) A plot plan of the property, drawn to scale, with all existing and proposed
structures shown thereon;
(4) A list of names, addresses and tax map key numbers for those owners and
lessees of record of surrounding properties who are required to receive notice
under section 25-2-4; and
(5) A written description of the proposed use and a statement of objectives and
reasons for the request, including an analysis of how the request satisfies each
of the standards contained in section 25-2-65.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2011, ord 11-3, sec 2.)
Section 25-2-63. Procedure for use permit.
(a) Upon acceptance of a use permit application, the commission shall fix a date for a
public hearing. The public hearing shall be commenced no later than ninety days
after the acceptance of a use permit application by the director.
(b) The applicant shall serve notice of the use permit application on surrounding
owners and lessees of record as provided by section 25-2-4. The applicant shall also
serve notice on owners and lessees of record interests in other properties which the
commission may find to be directly affected by the use permit sought. The
applicant shall also post a sign for public notification on the property as provided by
section 25-2-12.
(c) Prior to the public hearing, the commission shall publish notice of the public
hearing in accordance with the requirements of this chapter.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 1999, ord 99-112, sec 9; am 2005,
ord 05-136, sec 5; am 2010, ord 10-117, sec 2.)
Section 25-2-64. Action on use permit.
(a) Within sixty days following the close of the public hearing or public hearings as the
case may be, or within such longer period as agreed to by the applicant, the
commission shall either deny or approve the application. The commission's decision
shall be accompanied by a statement of factual findings supporting the decision.
(b) In approving any use permit application, the commission may issue the approval
subject to conditions, including but not limited to hours of daily operation and
terms of the use permit. The conditions imposed by the commission shall bear a
reasonable relationship to the use permit granted.
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§ 25-2-64 HAWAI`I COUNTY CODE
(c) If the commission fails to render a decision within the prescribed period, the
application shall be considered as being approved unless an extension is agreed to
by all parties, provided that no contested case hearing pertaining to the use permit
is pending before the commission.
(d) Concurrent requests may be acted upon by the commission in conjunction with a
use permit application.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2021, ord 21-24, sec 2.)
Section 25-2-65. Criteria for granting a use permit.
A use permit may be granted by the commission upon finding that:
(1) The granting of the proposed use shall be consistent with the general purpose
of the zoning district, the intent and purpose of this chapter, and the general
plan;
(2) The granting of the proposed use shall not be materially detrimental to the
public welfare nor cause substantial, adverse impact to the community's
character, to surrounding properties; and
(3) The granting of the proposed use shall not unreasonably burden public
agencies to provide roads and streets, sewer, water, drainage, schools, police
and fire protection and other related infrastructure.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-2-66. Appeal of a use permit decision.
Within thirty days after the date of the commission's written decision, any person
aggrieved by the decision may appeal the commission's action to the third circuit court
pursuant to chapter 91, Hawai`i Revised Statutes.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 1999, ord 99-112, sec 10.)
Section 25-2-67. Revocation of a use permit.
(a) A use permit may be revoked by the director in the event that any property owner
who holds the permit sought to be revoked or any other person, with the property
owner's consent, submits a written statement to the director verifying that the
development approved under the permit issued has either not been established or
has been abandoned.
(b) A use permit may be revoked by the commission upon the request of the director
when the director determines the following conditions exist:
(1) There has been noncompliance with the conditions of the permit; or
(2) The use authorized under the permit is creating a threat to the health or
safety of the community.
(c) The director shall provide written notice of the proceeding to revoke a use permit to
the property owner and to the person who has been issued the permit prior to the
commission taking action to revoke the permit.
SUPP.10 (7-2021) 25-38
ZONING
§ 25-2-67
(d) A property owner or other person affected by the proposed revocation of a use
permit ordered by the commission, may, within thirty days after the mailing of the
commission's order, appeal the commission's action to the third circuit court
pursuant to chapter 91, Hawai`i Revised Statutes.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 1999, ord 99-112, sec 11; am 2021,
ord 21-24, sec 3.)
Division 7. Plan Approval.
Section 25-2-70. Purpose.
Plan approval provides a method of allowing closer inspection of certain
development and inspection of all development in certain districts in order to ensure
conformance with the general plan, to assure that the intent and purpose of this chapter
are carried out, and to ensure pertinent conditions of previous approvals related to the
development have been implemented.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-2-71. Applicability; plan approval required.
(a) Plan approval shall be required prior to the construction or installation of any new
structure or development or any addition to an existing structure or development in
all districts except in the RS, RA, FA, A and IA districts, and except for the
construction of one single-family dwelling and any accessory buildings per lot,
unless required elsewhere in this chapter.
(b) Plan approval shall be required in all districts prior to the change of the following
uses in existing buildings:
(1) Residential to commercial use;
(2) Warehouse and manufacturing to retail use.
(c) Plan approval shall be required in all applicable districts prior to the construction
or establishment of the following improvements and uses:
(1) Public uses, structures and buildings and community buildings, as permitted
under section 25-4-11.
(2) Telecommunication antennas and towers, as permitted under section 25-4-12.
(3) Temporary real estate offices and model homes, as permitted under section 25-
4- 8.
(4) Utility substations, as authorized under section 25-4-11.
(d) Plan approval shall be required in the RA and FA district prior to the construction
or installation of any new structure or development, or of any addition to an
existing structure or development which is to be used for minor agricultural
products processing.
(e) Plan approval shall be required in the A district prior to the development of any
trailer park or major agricultural products processing facility. The director shall
determine whether an agricultural products processing facility shall be considered
major or minor at the time of building permit review, or earlier at the applicant's
request.
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§ 25-2-71 HAWAI`I COUNTY CODE
(f) Plan approval may be required as a condition of approval of any use permit,
variance, or other action relating to a specific use, in which case the use or
development so conditioned may not be established until plan approval has been
secured.
(g) Plan approval shall be required for the establishment of any agricultural tourism
activity, as permitted under section 25-4-15(b).
(h) Plan approval shall be required prior to the construction or installation of any new
structure or development, any enlargement of an existing structure or
development, or alterations to the exterior appearance of any existing structure or
development in any special district established under this chapter for which design
guidelines and/or standards have been adopted and as prescribed by the applicable
special district requirements, excluding any special district having adopted design
guidelines and/or standards established under this chapter prior to adoption of this
sub -section.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 2; am 2007,
ord 07-56, sec 3; am 2008, ord 08-155, sec 3; am 2009, ord 09-16, sec 2; am 2012, ord 12-
124, sec 3; am 2015, ord 15-45, sec 2.)
Section 25-2-72. Application for plan approval; requirements.
An application for plan approval shall be on a form approved for such purpose by
the director and shall be accompanied by:
(1) A site plan, drawn to scale and fully dimensioned indicating clearly the
following information:
(A) The location and dimension of the building site;
(B) The location, size, height, and use of all existing and proposed
structures;
(C) All yards and open spaces;
(D) Location, height, and material of all fences and walls;
(E) The standard of improvement and location, number, and size of parking
spaces, arrangement and on -site circulation of all off-street parking and
loading facilities including points of access thereto from adjoining
streets;
(F) The location, general nature, and type, and protection or shielding
devices of all exterior lighting;
(G) All proposed landscaping and planting; and
(H) All proposed street dedication and improvement if any.
(2) Any other information required by rules adopted by the director in accordance
with chapter 91, Hawai`i Revised Statutes.
Ness^--I1
ZONING
§ 25-4-44
Section 25-4-44. Permitted projections into yards and open spaces.
(a) Except as may otherwise be restricted, roof overhangs, eaves, sunshades, sills,
frames, beam ends, cornices, canopies, porches, balconies, terraces, fire escapes,
stairs, ramps, above -grade pools and other similar features may extend four feet
into any required yard or open space that is less than ten feet, five feet when
required yard or space is from ten up to fifteen feet, and six feet when required yard
is over fifteen feet; provided that:
(1) No cornice, canopy, eave, porch, balcony, terrace, fire escape, stair, ramp or
other similar feature shall be enclosed above or below the extension except
that there may be individual posts or beams for support and open or grill -type
railings no higher than four feet.
(2) No chimney may extend more than two feet into any yard.
(3) No above -grade pool may extend into any required front, side or rear yard if
the pool is over six feet in height.
(b) The extensions permitted in this section apply separately to each building.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-4-45. Projection of porte-cocheres.
An attractively designed porte-cochere may extend any distance into a front yard as
a protection for arriving motorists and pedestrians.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-4-46. Projection of pools.
A pool constructed at -grade may extend any distance into a required yard or open
space.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-4-47. Minimum distance between main buildings on same building
site.
Unless otherwise specified, the minimum distance between main buildings on the
same building site shall be fifteen feet, measured between the walls of the two
buildings.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Division 5. Off -Street Parking and Loading.
Section 25-4-50. Off-street parking and loading: purpose.
(a) Parking and loading standards are intended to minimize street congestion and
traffic hazards, and to provide safe and convenient access to residences, businesses,
public services and places of public assembly.
(b) Off-street parking and loading spaces shall be provided in such number, at such
location and with such improvements as required as set forth in this division.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
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25-4-51 HAWAI`l COUNTY CODE
Section 25-4-51. Required number of parking spaces.
(a) The number of parking spaces for each use shall be as follows:
(1) Agricultural tourism: one for each three hundred square feet of gross floor
area used principally for the agricultural tourism activity, but not fewer than
three spaces, plus bus parking if buses are allowed.
(2) Bed and breakfast establishments: one for each guest bedroom, in addition to
one for the dwelling unit.
(3) Bowling alleys: four for each alley.
(4) Commercial uses, including retail and office uses in RS, RD, RM, RCX, CN,
CG, CV, MCX, V, RA, FA, A and IA districts: one for each three hundred
square feet of gross floor area.
(5) Day care centers: one for each ten care recipients of design capacity or one for
every two hundred square feet of gross floor area, whichever is greater.
(6) Dwellings, multiple -family: one and one quarter for each unit. In the CDH
district, one for each unit on a property maintaining a unit density higher
than one thousand square feet of land area per rentable unit or dwelling unit.
(7) Dwellings, single-family and double -family or duplex: two for each dwelling
unit. In the CDH district, one for each unit on a property maintaining a unit
density higher than one thousand square feet of land area per rentable unit or
dwelling unit.
(8) Dwellings, single-family and double -family or duplex that are occupied for any
period of less than one hundred eighty days: one space for each rented
bedroom in addition to one space for the dwelling unit if rooms in the dwelling
unit are rented individually, or two spaces if the dwelling unit is rented as a
whole.
(9) Funeral homes, funeral services, mortuaries, and crematoriums: one for each
seventy-five square feet of gross floor area.
(10) Golf courses: four for every hole.
(11) Hospitals: one for each bed.
(12) Hotels and lodges:
(A) For hotel guest units without a kitchen, one for every three units;
(B) For hotel guest units with a kitchen, one and one quarter for each unit.
(13) Industrial uses in ML, MG, MCX, RA, FA, A and IA districts: one for each four
hundred square feet of gross floor area.
(14) Laundromats, cleaners (coin operated): one for every four machines.
(15) Major outdoor amusement and recreation facilities: one for each two hundred
square feet of gross floor area within enclosed buildings, plus one for every
three persons that the outdoor facilities are designed to accommodate when
used to the maximum capacity.
(16) Meeting facilities, including churches: one for each seventy-five square feet of
gross floor area.
(17) Nursing homes, convalescent homes, rest homes and homes for the elderly: one
for every two beds.
(18) Parks: as determined by the director.
(19) Recreation facilities, outdoor or indoor, other than herein specified: one for
each two hundred square feet of gross floor area, plus three per court
(racquetball, tennis or similar activities).
SUPP.10 (7-2021) 25-62
ZONING
§ 25-4-51
(20) Rooming and lodging houses, religious, fraternal or social orders having
sleeping accommodations: one for each two beds.
(21) Schools (elementary and intermediate): one for each twenty students of design
capacity, plus one for each four hundred square feet of office floor space.
(22) Schools (high, language, vocational, business, technical and trade, college): one
for each ten students of design capacity, plus one for each four hundred square
feet of office floor space.
(23) Sports arenas, auditoriums, theaters, assembly halls: one for every four seats.
(24) Swimming pools (community): one for each forty square feet of pool area.
(25) Warehouse and bulk storage establishments where there is no trade or retail
traffic: one for each one thousand square feet of gross floor area.
(b) No additional parking is required for any change of use in a building as long as the
previous use of the building had the required number of parking stalls for that use;
provided, that additional parking may be required for a change of use in any
building where the building is converted from residential to commercial use or from
warehouse and manufacturing use to retail or commercial use.
(c) Where uses and activities do not occur simultaneously, parking space requirements
may be shared, provided that:
(1) The utilization of the combined parking is shown to the satisfaction of the
director to be noncompeting as to time of use;
(2) The number of parking spaces is based on the largest parking requirement of
those respective facilities;
(3) The parking areas are not more than one thousand feet from any of the
buildings housing the activities; and
(4) The parking areas are encumbered for that use for the life of the facilities
being served.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2008, ord 08-155, sec 10; am 2012,
ord 12-91, sec 3; am 2013, ord 13-95, sec 1; am 2014, ord 14-85, sec 2; am 2017, ord
17-31, sec 2; am 2021, ord 21-26, sec 4.)
Section 25-4-52. Method of determining number of parking spaces.
(a) When computation of required parking spaces results in a fractional number, the
number of spaces required shall be the next highest whole number.
(b) In stadiums, sports arenas, meeting facilities, and other places of assembly in
which patrons or spectators occupy benches, pews or other similar seating facilities,
each twenty-four inches of width shall be counted as a seat for the purpose of
determining requirements for off-street parking.
(c) If bicycle parking stalls are constructed on any building site, the total number of
required parking spaces shall be reduced by one parking space for every five bicycle
parking stalls constructed.
(d) At least sixty-seven percent of the required parking shall be standard -sized parking
spaces, and thirty-three percent may be compact spaces.
(e) The director may increase the required number of parking spaces for any use
during plan approval if the director reviews the proposed use and its impact to the
immediate area and finds that the increase will further the public safety,
convenience and welfare.
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25-4-52 HAWAI`I COUNTY CODE
(f) If there is any doubt as to the requirements for off-street parking for any use not
specifically mentioned or for any other reason, the director shall determine the
required number of parking spaces for such use.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-4-53. Minimum dimensions of parking spaces.
(a) Standard -sized automobile parking spaces shall be at least eighteen feet in length
and eight feet six inches in width, with curbside parallel spaces at least twenty-two
feet in length.
(b) Compact spaces shall be at least sixteen feet in length and seven feet six inches in
width, with curbside parallel spaces at least eighteen feet in length.
(c) Minimum aisle widths for parking bays shall be provided in accordance with the
following:
Angle of Parking to Curb
Minimum Width
to 00 (parallel)
12'
to 450
14'
to 600
18'
to 900 (perpendicular)
24'
(d) Parking spaces may have a three-foot unpaved car overhang area.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-4-54. Standards and improvements to off-street parking spaces.
(a) All parking spaces shall be arranged so as to be individually accessible.
(b) Except for one duplex dwelling or two single-family dwellings on any single
building site, access to any individual parking space shall not be directly from or to
a street but must be reached from an on -site access driveway of proper design and
width to allow for passage of vehicles and necessary turning movements.
(c) In V, CN, CG, CV, MCX, ML, MG, RD, RM and RCX districts, parking spaces shall
be paved.
(d) For any permitted use in the RS, RA, FA, A or IA districts, the pavement of parking
spaces is not required, and any material may be used for the parking spaces that
will eliminate erosion, mud and standing water.
(e) For any parking space containing a building column, that column may intrude six
inches into the required width, provided that the building column shall not be
located at the entry of the parking space. A wall shall not be considered a building
column.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-4-55. Parking for persons with disabilities.
Parking for persons with disabilities shall comply with all applicable federal and
state requirements for the facility or site.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2016, ord 16-98, sec 1.)
SUPP.1 (1-2017) 25-64
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§ 25-4-68
Section 25-4-68. Grounds for approval or denial.
The director shall approve an application for recognition of a de minimis structure
position discrepancy unless:
(a) The discrepancy is greater than the difference as allowed by the de minimis
structure position discrepancy definition, or
(b) The director finds that the improvement was placed with knowledge that it would
violate the minimum yard or open space requirements; or
(c) The improvement could be moved, or the discrepancy otherwise corrected, without
significant expense, difficulty, or hardship to the applicant.
(2002, ord 02-70, sec 3.)
Section 25-4-69. Recognition of de minimis structure position discrepancy.
If the director accepts the application for recognition of de minimis structure
position discrepancy, the director shall notify the applicant in writing that the
discrepancy is not a violation of the zoning code and that it may remain in place without
a variance.
(2002, ord 02-70, sec 3.)
Section 25-4-70. Disclosure.
A de minimis structure position discrepancy shall be disclosed by the owner to
subsequent purchasers of the property in question.
(2002, ord 02-70, sec 3.)
Section 25-4-71. Appeals.
The director's decision with respect to a de minimis structure position discrepancy
is appealable to the board of appeals.
(2002, ord 02-70, sec 3.)
Article 5. Zoning District Regulations.
Division 1. RS, Single -Family Residential Districts.
Section 25-5-1. Purpose and applicability.
The RS (single-family residential) district provides for lower or low and medium
density residential use, for urban and suburban family life. It applies to areas having
facilities, and to carry out the above stated purpose.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-2. Designation of RS districts.
Each RS (single-family residential) district shall be designated on the zoning map
by the symbol "RS" followed by a number which specifies the required minimum
building site area in thousands of square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
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§ 25-5-3
HAWAI`I COUNTY CODE
Section 25-5-3. Permitted uses.
(a) The following uses shall be permitted in the RS district:
(1) Adult day care homes.
(2) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(3) Community buildings, as permitted under section 25-4-11.
(4) Crop production.
(5) Dwellings, single-family.
(6) Family child care homes.
(7) Group living facilities.
(8) Home occupations, as permitted under section 25-4-13.
(9) Meeting facilities.
(10) Model homes, as permitted under section 25-4-8.
(11) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(12) Public uses and structures, as permitted under section 25-4-11.
(13) Short-term vacation rentals situated in the general plan resort and resort node
areas.
(14) Temporary real estate offices, as permitted under section 25-4-8.
(15) Utility substations, as permitted under section 25-4-11.
(b) In addition to those uses permitted under subsection (a) above, the following uses
may be permitted in the RS district, provided that a use permit is issued for each
use:
(1) Bed and breakfast establishments as permitted under section 25-4-7.
(2) Care homes.
(3) Churches, temples and synagogues.
(4) Crematoriums, funeral homes, funeral services, and mortuaries.
(5) Day care centers.
(6) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses, provided that the property is
within the state land use urban or rural district. Golf courses and golf driving
ranges shall not be permitted within the state land use agricultural district
unless approved by the County before July 1, 2005.
(7) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(8) Medical clinics.
(9) Schools.
(10) Telecommunication antennas and towers.
(11) Yacht harbors and boating facilities.
(c) Buildings and uses normally considered directly accessory to the uses permitted in
this section shall also be permitted in the RS district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 3; am 2014, ord
14-86, sec 3; am 2018, ord 18-114, sec 5; am 2019, ord 19-100, sec 3; am 2021, ord 21-26,
sec 5.)
Section 25-5-4. Height limit.
The height limit in the RS district shall be thirty-five feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
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ZONING
§ 25-5-22
(5) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses, provided that the property is
within the state land use urban or rural district. Golf courses and golf driving
ranges shall not be permitted within the state land use agricultural district
unless approved by the County before July 1, 2005.
(6) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(7) Medical clinics.
(8) Schools.
(9) Telecommunication antennas and towers.
(10) Yacht harbors and boating facilities.
(c) Buildings and uses normally considered directly accessory to the uses permitted
under this section shall also be permitted in the RD district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 4; am 2014, ord
14-86, sec 4; am 2018, ord 18-114, sec 6; am 2019, ord 19-100, sec 4; am 2021, ord 21-26,
sec 6.)
Section 25-5-23. Height limit.
The height limit in the RD district shall be thirty-five feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-24. Minimum building site area.
The minimum building site area in the RD district shall be seven thousand five
hundred square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-25. Minimum building site average width.
Each building site in the RD district shall have a minimum average width of sixty
feet, plus two feet for each five hundred square feet of required building site area in
excess of seven thousand five hundred square feet, except that no building site shall be
required to have an average width of more than one hundred fifty feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-26. Minimum yards.
The minimum yards in the RD district shall be as follows:
(1) On a building site with a required area of seven thousand five hundred square
feet to and including nine thousand nine hundred ninety-nine square feet:
(A) Front and rear yards, fifteen feet; and
(B) Side yards, eight feet.
(2) On a building site with a required area of ten thousand square feet to and
including nineteen thousand nine hundred ninety-nine square feet:
(A) Front and rear yards, twenty feet; and
(B) Side yards, ten feet.
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§ 25-5-26 HAWAI`I COUNTY CODE
(3) On a building site with a required area of twenty thousand square feet or
more:
(A) Front and rear yards, twenty-five feet; and
(B) Side yards, fifteen feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 1997, ord 97-88, sec 2.)
Section 25-5-27. Other regulations.
(a) There may be more than one double -family dwelling or more than two single-family
dwellings or any combination thereof on each building site in the RD district;
provided that the minimum land area requirement for each dwelling unit is met.
(b) There shall be at least fifteen feet between the exterior walls of each main structure
on the same building site in the RD district.
(c) Plan approval shall be required for all new buildings and additions to existing
buildings in the RD district, except for construction of one single-family dwelling
and any accessory buildings per lot.
(d) Exceptions to the regulations for the RD 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 2005, ord 05-155, sec 3; am 2015,
ord 15-33, sec 4.)
Division 3. RM, Multiple -Family Residential Districts.
Section 25-5-30. Purpose and applicability.
The RM (multiple -family residential) district provides for medium and high density
residential use. It covers areas with full community facilities and services. It may
occupy transition areas between commercial or industrial areas and other districts of
less intense land use.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-31. Designation and density of RM districts.
(a) Each RM (multiple -family residential) district shall be designated on the zoning
map by the symbol "RM" followed by a number which indicates the required land
area, in thousands of square feet, for each dwelling unit or for each separate
rentable unit in the case of boarding, rooming, or lodging houses, fraternity or
sorority houses.
(b) In case any of the permitted uses have dormitories, two beds shall be equivalent to
one separate rentable unit for purposes related to the required land area in the RM
district.
(c) The maximum density designation in the RM district shall be .75 or seven hundred
fifty square feet of land area per dwelling unit or separate rentable unit.
(d) In the RM district the following density designations shall be used:.75, 1, 1.5, 2,
2.5, 3, 3.5, 4 and upward in 0.5 increments.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
ZONING
§ 25-5-32
Section 25-5-32. Permitted uses.
(a) The following uses shall be permitted in the RM district:
(1) Adult day care homes.
(2) Bed and breakfast establishments, as permitted under section 25-4-7.
(3) Boarding facilities, rooming, or lodging houses.
(4) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(5) Commercial or personal service uses, on a small scale, as approved by the
director, provided that the total gross floor area does not exceed one thousand
two hundred square feet and a maximum of five employees.
(6) Community buildings, as permitted under section 25-4-11.
(7) Crop production.
(8) Dwellings, double -family or duplex.
(9) Dwellings, multiple -family.
(10) Dwellings, single-family.
(11) Family child care homes.
(12) Group living facilities.
(13) Home occupations, as permitted under section 25-4-13.
(14) Meeting facilities.
(15) Model homes, as permitted under section 25-4-8.
(16) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(17) Public uses and structures, as permitted under section 25-4-11.
(18) Short-term vacation rentals situated in any of the following:
(A) General plan resort and resort node areas.
(B) Outside the general plan resort and resort node areas, in multiple family
dwellings within a condominium property regime as defined and
governed by chapters 514A or 514B, Hawaii Revised Statutes.
(19) Temporary real estate offices, as permitted under section 25-4-8.
(20) Time share units situated in any of the following:
(A) Areas designated as resort under the general plan land use pattern
allocation guide (LUPAG) map.
(B) Areas determined by the director to be within resort areas identified by
the general plan land use element, except for retreat resort areas.
(C) Areas determined for such use by the council, by resolution.
(21) Utility substations, as permitted under section 25-4-11.
(b) In addition to those uses permitted under subsection (a) above, the following uses
may be permitted in the RM district, provided that a use permit is issued for each
use:
(1) Care homes.
(2) Churches, temples and synagogues.
(3) Crematoriums, funeral homes, funeral services, and mortuaries.
(4) Day care centers.
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§ 25-5-32 HAWAI`I COUNTY CODE
(5) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses, provided that the property is
within the state land use urban or rural district. Golf courses and golf driving
ranges shall not be permitted within the state land use agricultural district
unless approved by the County before July 1, 2005.
(6) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(7) Medical clinics.
(8) Schools.
(9) Telecommunication antennas and towers.
(10) Yacht harbors and boating facilities.
(c) Buildings and uses normally considered directly accessory to the uses permitted in
this section shall also be permitted in the RM district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 5; am 2014, ord
14-86, sec 5; am 2018, ord 18-114, sec 7; am 2019, ord 19-100, sec 5; am 2021, ord 21-26,
sec 7.)
Section 25-5-33. Height limit.
(a) In areas in the County outside of the City of Hilo, the height limit in the RM
district shall be forty-five feet.
(b) In the City of Hilo, the height limit in the RM district shall be one hundred twenty
feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-34. Minimum building site area.
The minimum building site in the RM district shall be seven thousand five hundred
square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-35. Minimum building site average width.
Each building site in the RM district shall have a minimum average width of sixty
feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-36. Minimum yards.
Minimum yards in the RM district shall be as follows:
(1) Front and rear yards, twenty feet; and
(2) Side yards, eight feet for a one-story building, plus an additional two feet for
each additional story.
(1996, ord 96-160, sec 2; ratified 1999, ord 96-160, sec 1.)
Section 25-5-37. Landscaping.
Landscaping shall be provided on a minimum of twenty percent of the total land
area of any building site in the RM district, except for lots containing only one single-
family dwelling and accessory buildings. Parking areas shall not be included within the
area required for landscaping on any building site.
(1996, ord 96-160, sec 2; ratified April 6, 1999, am 2005, ord 05-155, sec 4.)
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ZONING
§ 25-5-52
(b)
(c)
(10) Family child care homes.
(11) Group living facilities.
(12) Kennels, provided that the building site is a minimum of five acres in area and
the structures are located at least one hundred feet away from any lot line.
(13) Livestock production (excluding pigs), provided that:
(A) The requirements of the department of health are met;
(B) Approval of the director is obtained; and
(C) Any feed or water area, salt lick, corral, run, barn, shed, stable, house,
hutch, or other enclosure for the keeping of any permitted animal shall
be located at least seventy-five feet from any lot line.
(14) Parks, playgrounds, tennis courts, swimming pools, and other similar open
area recreational facilities.
(15) Public uses and structures, as permitted under section 25-4-11.
(16) Roadside stands for the sale of agricultural products grown on the premises.
(17) Stables, commercial or boarding, provided that the building site is a minimum
of five acres in area and the structures are located at least one hundred feet
away from any lot line.
(18) Utility substations, as permitted under section 25-4-11.
(19) Veterinary establishments.
The following uses may be permitted in the RA district, provided that a use permit
is issued for each use:
(1) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses, provided that the property is
within the state land use urban or rural district. Golf courses and golf driving
ranges shall not be permitted within the state land use agricultural district
unless approved by the County before July 1, 2005.
(2) Telecommunication antennas and towers.
The following uses may be permitted in the RA district, provided that if a building
site is located within the State land use rural district, the following uses may be
permitted if a special permit is obtained for such use:
(1) Bed and breakfast establishments, as permitted under section 25-4-7.
(2) Community buildings, as permitted under section 25-4-11.
(3) Country clubs, tennis clubs and other similar recreational facilities which
include buildings or indoor recreational features.
(4) Drive-in theaters.
(5) Guest ranches.
(6) Home occupations, as permitted under section 25-4-13.
(7) Lodges.
(8) Meeting facilities.
(9) Model homes, as permitted under section 25-4-8.
(10) Temporary real estate offices, as permitted under section 25-4-8.
(11) Uses, other than those specifically listed in this section, which meet the
standards for a special permit under chapter 205, Hawaii Revised Statutes.
25-5-52 HAWAI`I COUNTY CODE
(d) The following uses may be permitted in the RA district, provided that either a use
permit is issued for each use if the building site is within the State land use urban
district or a special permit is issued for each use if the building site is within the
State land use rural district:
(1) Bed and breakfast establishments, as permitted under section 25-4-7.
(2) Crematoriums, funeral homes, funeral services, and mortuaries.
(3) Churches, temples and synagogues.
(4) Day care centers.
(5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(6) Major outdoor amusement and recreation facilities, includes stadiums, sports
arenas, and other similar open air recreational uses.
(7) Medical Clinics.
(8) Schools.
(9) Yacht harbors and boating facilities.
(e) Buildings and uses accessory to the uses permitted in this section shall also be
permitted in the RA district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2008, ord 08-155, sec 11; am 2010,
ord 10-17, sec 4; am 2012, ord 12-28, sec 7; ord 12-124, sec 6; am 2014, ord 14-86, sec 7;
am 2021, ord 21-26, sec 8.)
Section 25-5-53. Height limit.
The height limit in the RA district shall be thirty-five feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-54. Minimum building site area.
The minimum building site area in the RA district shall be one-half acre. RA
districts having larger areas may be designated in increments of one-half acre up to a
recommended maximum of three acres. The recommended maximum does not specify
an absolute upper limit for any building site in the RA district.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-55. Minimum building site average width.
Each building site in the RA district shall have a minimum average width of one
hundred feet for the first one-half acre of required area, plus twenty feet for each
additional one-half acre of required area; provided that no building site shall be
required to have an average width greater than three hundred feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-56. Minimum yards.
Minimum yards in the RA district shall be as follows:
(1) Front and rear yards, twenty-five feet; and
(2) Side yards, fifteen feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
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ZONING
§ 25-5-62
(c) The following uses may be permitted in the FA district, provided that a special
permit is obtained for such use if the building site is located within the State land
use agricultural district:
(1) Adult day care homes.
(2) Bed and breakfast establishments, as permitted under section 25-4-7.
(3) Community buildings, as permitted under section 25-4-11.
(4) Family child care homes.
(5) Home occupations, as permitted under section 25-4-13.
(6) Meeting facilities.
(7) Model homes, as permitted under section 25-4-8.
(8) Public uses and structures, other than those necessary for agricultural
practices, as provided under section 25-4-11.
(9) Temporary real estate offices, as permitted under section 25-4-8.
(10) Uses, other than those specifically listed in this section, which meet the
standards for a special permit under chapter 205, Hawaii Revised Statutes.
(d) The following uses may be permitted in the FA district, provided that either a use
permit is issued for each use if the building site is within the State land use
agricultural district or a special permit is issued for each use if the building site is
within the State land use agricultural district:
(1) Bed and breakfast establishments, as permitted under section 25-4-7.
(2) Churches, temples and synagogues.
(3) Crematoriums, funeral homes, funeral services, and mortuaries.
(4) Day care centers.
(5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(6) Major outdoor amusement and recreation facilities, includes stadiums, sports
arenas, and other similar open air recreational uses.
(7) Medical clinics.
(8) Schools.
(e) Buildings and uses accessory to the uses permitted in this section shall also be
permitted in the FA district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2008, ord 08-155, sec 12; am 2010,
ord 10-17, sec 5; am 2012, ord 12-28, sec 8; ord 12-124, sec 7; am 2014, ord 14-86, sec 8;
am 2021, ord 21-26, sec 9.)
Section 25-5-63. Height limits.
The height limit in FA districts shall be thirty-five feet for any residential
structure, including any single-family dwelling or farm dwelling, and forty-five feet for
all other structures.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-64. Minimum building site area.
The minimum building site area in the FA district shall be one acre. Other FA
districts having larger areas may be designated in increments of one acre up to a
recommended maximum of five acres.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
25-89 SUPP.10 (7-2021)
25-5-65 HAWAI`I COUNTY CODE
Section 25-5-65. Minimum building site average width.
Each building site in the FA district must have a minimum average width of one
hundred twenty feet for the initial one acre of required area plus twenty feet for each
additional acre of required area; provided that no building site shall be required to have
an average width greater than three hundred feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-66. Minimum yards.
(a) Except as otherwise provided in this section, the minimum yards in the FA district
shall be thirty feet for front and rear yards and twenty feet for side yards.
(b) In the FA district, accessory buildings and enclosures (other than fences under
eight feet high) for the shelter and confinement of any livestock shall be at least
thirty feet from the side and rear property lines.
(c) Appropriate additional setbacks from adjacent residential zoned lands may be
required by the director for those facilities and uses which may include more
frequently used machinery and equipment in order to minimize potential lighting,
odor, vector and air and water quality impacts.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-67. Other regulations.
(a) If any legal building site in an FA district has an area of less than one acre, then
the yard and height requirements for the building site shall be the same as the
yard and height requirements in the RA district.
(b) One single-family dwelling or one farm dwelling shall be permitted on any building
site in the FA district. A farm dwelling is a single-family dwelling located on or
used in connection with a farm or if the agricultural activity provides income to the
family occupying the dwelling.
(c) Additional farm dwellings may be permitted in the FA district only upon the
following conditions:
(1) A farm dwelling agreement for each additional farm dwelling, on a form
prepared by the director, shall be executed between the owner of the building
site, any lessee having a lease on the building site with a term exceeding one
year from the date of the farm dwelling agreement, and the County. The
agreement shall require the dwelling to be used for farm -related purposes.
(2) The applicant shall submit an agricultural development and use program,
farm plan or other evidence of the applicant's continual agricultural
productivity or farming operation within the County to the director. Such plan
shall also show how the farm dwelling will be utilized for farm -related
purposes.
(d) An ohana dwelling may be located on any building site in the FA district, as
permitted under article 6, division 3 of this chapter.
U91LOIll
ZONING
§ 25-5-72
(13) Public uses and structures, other than those necessary for agricultural
practices, as provided under section 25-4-11.
(14) Temporary real estate offices, as permitted under section 25-4-8.
(15) Trailer parks with density of three thousand five hundred square feet of land
area per trailer, provided that plan approval is secured prior to commencing
such use.
(16) Uses, other than those specifically listed in this section, which meet the
standards for a special permit under chapter 205, Hawaii Revised Statutes.
(d) The following uses may be permitted in the A district, provided that either a use
permit is issued for each use if the building site is outside of the State land use
agricultural district or a special permit is issued for each use if the building site is
within the State land use agricultural district:
(1) Bed and breakfast establishments, as permitted under section 25-4-7.
(2) Crematoriums, funeral homes, funeral services, and mortuaries.
(3) Churches, temples and synagogues.
(4) Day care centers.
(5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(6) Major outdoor amusement and recreation facilities.
(7) Medical clinics.
(8) Schools.
(e) Buildings and uses accessory to the uses permitted in this section shall also be
permitted in the A district.
(f) No building site shall be established after December 1, 1996 which shall in any way
restrict or limit aquaculture, horticulture, production of crops, keeping of livestock,
game and fish propagation, or the processing, sale or other commercial use of the
products of such uses.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2008, ord 08-155, sec 13; am 2010,
ord 10-17, sec 6; am 2012, ord 12-28, sec 9; ord 12-124, sec 8; am 2014, ord 14-86, sec 9;
am 2021, ord 21-26, sec 10.)
Section 25-5-73. Height limit.
The height limit in the A district shall be thirty-five feet for any residential
structure, including any single-family dwelling, or farm dwelling, and forty-five feet for
all other structures. The director may, however, permit by plan approval, any
nonresidential agricultural structures to be constructed to a height of one hundred feet,
if the director determines that the additional height above the forty-five foot height
limit is necessary.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-74. Minimum building site area.
The minimum building site area in the A district shall be five acres.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
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25-5-75 HAWAI`I COUNTY CODE
Section 25-5-75. Minimum building site average width.
Each building site in the A district shall have a minimum average width of two
hundred feet for the first five acres of required area plus twenty feet for each additional
acre of required area. Provided that no building site shall be required to have an
average width greater than one thousand feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-76. Minimum yards.
(a) Except as otherwise provided in this section, the minimum yards in the A district
shall be thirty feet for front and rear yards, and twenty feet for side yards.
(b) For accessory uses such as shade cloth structures used in controlling the amount of
sunlight in the raising of plants and flowers, rear, side and front yards in the A
district shall be at least ten feet, except where the A district shares common
boundaries with urban zones and main government roads.
(c) For accessory uses such as plastic roofed and shade cloth wooden or metal framed
structures used in controlling the amount of sunlight, rainfall, wind and other
elements of nature in the raising of fruits, vegetables and similar agricultural
products, rear, side and front yards shall be at least ten feet except where:
(1) Exterior walls of any type other than shade cloth are added to the wooden or
metal framed structure;
(2) The specific use allowed is abandoned; and
(3) The A district shares common boundaries with urban zones and main
government roads.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 1999, ord 99-110, sec 1.)
Section 25-5-77. Other regulations.
(a) If any legal building site in the A district has an area of less than five acres, then
the yard, minimum building site average width and height requirements for the
building site shall be the same as the yard and height requirements in the
FA district.
(b) One single-family dwelling or one farm dwelling shall be permitted on any building
site in the A district. A farm dwelling is a single-family dwelling that is located on
or used in connection with a farm or if the agricultural activity provides income to
the family occupying the dwelling.
(c) Additional farm dwellings may be permitted in the A district only upon the
following conditions:
(1) A farm dwelling agreement for each additional farm dwelling, on a form
prepared by the director, shall be executed between the owner of the building
site, any lessee having a lease on the building site with a term exceeding one
year from the date of the farm dwelling agreement, and the County. The
agreement shall require the dwelling to be used for farm -related purposes.
MILE]
ZONING
§ 25-5-112
(15) Churches, temples and synagogues.
(16) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the
cleansing agent.
(17) Commercial parking lots and garages.
(18) Community buildings, as permitted under section 25-4-11.
(19) Convenience stores.
(20) Crematoriums, funeral homes, funeral services, and mortuaries.
(21) Crop production.
(22) Day care centers.
(23) Display rooms for products sold elsewhere.
(24) Dwellings, double -family or duplex, provided that the maximum density shall
be one thousand two hundred fifty square feet of land area per rentable unit or
dwelling unit.
(25) Dwellings, multiple -family, provided that the maximum density shall be one
thousand two hundred fifty square feet of land area per rentable unit or
dwelling unit.
(26) Dwellings, single-family.
(27) Equipment sales and rental yards, and other yards where retail products are
displayed in the open.
(28) Family child care homes.
(29) Farmers markets. When the vending activity in a farmers market involves
more than just the sale of local fresh and/or raw produce, plant life, fish and
local homegrown and homemade products for more than two days a week, the
director, at the time of plan approval, shall restrict the hours of use,
maintenance and operations and may require improvements as determined
appropriate to ensure its compatibility with the existing character of the
surrounding area.
(30) Financial institutions.
(31) Group living facilities.
(32) Home occupations, as permitted under section 25-4-13.
(33) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(34) Hotels.
(35) Ice storage and dispensing facilities.
(36) Laboratories, medical and research.
(37) Laundries.
(38) Light manufacturing, processing and packaging, where the only retail sales
outlet for products produced is on the premises where produced.
(39) Medical clinics.
(40) Meeting facilities.
(41) Model homes, as permitted under section 25-4-8.
(42) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(43) Offices.
25-105 SUPP.10 (7-2021)
§ 25-5-112
HAWAI`I COUNTY CODE
(44)
(45)
(46)
(47)
Personal services.
Photography studios.
Public uses and structures, as permitted under section 25-4-11.
Printing shops, cartographing and duplicating processes such as blueprinting
or photostating shops.
(48) Repair establishments, minor.
(49) Restaurants.
(50) Retail establishments.
(51) Schools.
(52) Short-term vacation rentals.
(53) Telecommunication antennas, as permitted under section 25-4-12.
(54) Theaters.
(55) Time share units.
(56) Utility substations, as permitted under section 25-4-11.
(57) Veterinary establishments.
(b) In addition to those uses permitted under subsection (a) above, the following uses
may be permitted in the CG district, provided that a use permit is issued for each
use:
(1) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses, provided that the property is
within the state land use urban or rural district. Golf courses and golf driving
ranges shall not be permitted within the state land use agricultural district
unless approved by the County before July 1, 2005.
(2) Major outdoor amusement and recreation facilities.
(3) Yacht harbors and boating facilities.
(c) Residential uses in connection with the operation of any permitted use shall be
permitted in the CG district.
(d) Buildings and uses normally considered accessory to the uses permitted in this
section shall also be permitted in the CG district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 13; am 2014, ord
14-86, sec 11; am 2018, ord 18-114, sec 11; am 2021, ord 21-26, sec 11.)
Section 25-5-113. Height limit.
(a) The height limit in the CG district shall be forty-five feet, except in those areas
designated in subsection (b) below.
(b) The height limit in the City of Hilo shall be one hundred twenty feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2002, ord 02-88, sec 2.)
Section 25-5-114. Minimum building site area.
The minimum building site area in the CG district shall be seven thousand five
hundred square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
SUPP.10 (7-2021) 25-106
ZONING § 25-5-122
(b)
(24) Group living facilities.
(25) Home occupations, as permitted under section 25-4-13.
(26) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(27) Hotels, when the design and use conform to the character of the area, as
approved by the director.
(28) Laboratories, medical and research.
(29) Lodges.
(30) Manufacturing, processing and packaging light and general, except for
concrete or asphalt products, where the products are distributed to retail
establishments located in the immediate community, as approved by the
director.
(31) Medical clinics.
(32) Meeting facilities.
(33) Model homes, as permitted under section 25-4-8.
(34) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(35) Offices.
(36) Personal services.
(37) Photography studios.
(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, which are designed to primarily serve the local area.
(40) Repair establishments, major, when there are not more than five employees,
as approved by the director.
(41) Repair establishments, minor.
(42) Restaurants.
(43) Retail establishments.
(44) Schools.
(45) Short-term vacation rentals.
(46) Telecommunication antennas, as permitted under section 25-4-12.
(47) Temporary real estate offices, as permitted under section 25-4-8.
(48) Theaters.
(49) Utility substations, as permitted under section 25-4-11.
In addition to those uses permitted under subsection (a) above, the following uses
may be permitted in the CV district, provided that a use permit is issued for each
use:
(1) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses, provided that the property is
within the state land use urban or rural district. Golf courses and golf driving
ranges shall not be permitted within the state land use agricultural district
unless approved by the County before July 1, 2005.
(2) Major outdoor amusement and recreation facilities.
(3) Yacht harbors and boating facilities.
NAME
SUPP.10 (7-2021)
§ 25-5-122 HAWAI`I COUNTY CODE
(c) Residential uses in connection with the operation of any permitted uses shall be
permitted in the CV district.
(d) Buildings and uses similar to the permitted uses listed in subsection (a) above shall
be permitted in the CV district, as approved by the director.
(e) Buildings and uses normally considered accessory to the uses permitted in this
section shall also be permitted in the CV district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 14; am 2014, ord
14-86, sec 12; am 2018, ord 18-114, sec 12; am 2021, ord 21-26, sec 12.)
Section 25-5-123. Height limit.
The height limit in the CV district shall be thirty feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-124. Minimum building site area.
The minimum building site area in the CV district shall be seven thousand five
hundred square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-125. Minimum building site average width.
Each building site in the CV district shall have a minimum building site average
width of sixty feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-126. Minimum yards.
The minimum yards in the CV district shall be as follows:
(1) Front or rear yards, fifteen feet; and
(2) Side yards, none, except where the adjoining building site is in an RS, RD, RM
or RCX district. Where the side yard adjoins the side yard of a building site in
an RS, RD, RM or RCX district, there shall be a side yard which conforms to
the side yard requirements for dwelling use of the adjoining district.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-127. Landscaping of yards.
(a) All front yards in the CV district shall be landscaped, except for necessary access
drives and walkways, and except for the construction of one single-family dwelling
and accessory buildings per lot.
(b) Where any required side or rear yard in the CV 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, within five feet of the
property line, except for necessary drives and walkways, and except for the
construction of one single-family dwelling and accessory buildings per lot.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 14.)
SUPP.10 (7-2021) 25-110
ZONING
§ 25-7-2
Section 25-7-2. Design commission membership; appointment; term.
(a) The design commission shall consist of nine members who shall be appointed by the
mayor with the approval of the council. The members shall be representative of the
Kona district, provided that a majority of the appointive members shall have lived
or worked in the Kailua Village for a minimum of two years prior to this
appointment. The design commission members shall include two design
professionals (registered architects and/or landscape architects), two members with
backgrounds in building construction and/or engineering, two members with
knowledge about historic Kona, its cultural values and resources, and the
remaining three members representing local business or property owners.
(b) The members shall serve staggered terms of three years. Upon the initial
appointment of the design commission, three shall serve for a term of one year,
three for a term of two years, and three for a term of three years. When the term of
a member expires, the member shall continue to serve until a successor is
appointed. Members whose terms expire may not be reappointed to the design
commission for at least two years, however, members appointed for one year or less
may be reappointed for an additional term without the passage of two years' time.
Except as provided for in this section, the design commission shall be governed by
the County Charter.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-7-3. Rules of procedure.
The design commission shall adopt rules of procedure, pursuant to chapter 91,
Hawaii Revised Statutes, relating to matters within the design commission's
jurisdiction.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-7-4. Powers and duties of the Kailua Village design commission.
(a) The design commission shall recommend to the director an architectural and design
concept of theme for Kailua Village that recognizes the desires and concerns of all
public and private interests.
(b) The design commission shall provide an architectural and design review of
applications requiring plan approval by the director. The design commission's
review and recommendations to the director shall be completed within thirty days
from the date of the design commission's receipt of the plans requiring plan
approval. If a recommendation is not received within the allotted period, the
director shall continue to process the request for plan approval.
25-151
§ 25-7-4 HAWAI`I COUNTY CODE
(c) The design commission shall provide an architectural and design review of all
planned public improvements such as street widening, street lights, and so forth, as
well as all private improvements such as landscaping, structural painting, or any
activity which will alter the physical appearance of Kailua Village. The
recommendations shall be forwarded to the director within thirty days from the
design commission's receipt of the proposal. If a recommendation is not received
within the allotted period, the director shall continue to process the
proposed activity.
(d) All of the design commission's advice and recommendations to the director shall be
consistent with the provisions of the County Charter, general plan, zoning and all
other related ordinances and any publicly funded master plan developed for
Kailua Village.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2009, ord 09-118, sec 20.)
Section 25-7-5. Amendment of district boundaries.
The Kailua Village boundaries as described in section 25-7-1 shall be subject to
review in 1979 and every five years thereafter by the council, and may be amended as
appropriate.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Division 2. CDH, Downtown Hilo Commercial District.
Section 25-7-20. Purpose and applicability.
The CDH (downtown Hilo commercial) district is established to reinforce and
promote downtown Hilo's role as a compact high density area for retail shopping,
professional and administrative activities, cultural and arts activities, other supportive
business and commercial services, and multiple -family housing. The zoning
requirements of this district are applicable to all building sites, except those designated
as " O" (open) districts, within the area bounded by the western development area limits
of Kapiolani Street/Kapuoani Street, the Wailuku River, Hilo Bay and Ponahawai Street.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-7-21. Designation of CDH district.
The CDH (downtown Hilo commercial) district shall be designated by the symbol
"CDH."
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-7-22. Permitted uses.
(a) The following uses shall be permitted uses in the CDH district:
(1) Adult day care homes.
(2) Amusement and recreation facilities, indoor.
(3) Art galleries.
SUPP.10 (7-2021) 25-152
ZONING
§ 25-7-22
(4) Automobile service stations or garages, excluding body and fenderworks,
electric tire rebuilding or battery rebuilding and provided that all work is
conducted wholly within a completely enclosed building.
(5) Bakeries.
(6) Bars, cocktail lounges and night clubs.
(7) Bed and breakfast establishments, as permitted under section 25-4-7.
(8) Boarding facilities, rooming, or lodging houses.
(9) Broadcasting stations or studios (radio and television).
(10) Business services.
(11) Car washing, provided that the facilities are not detrimental to the character
of the district.
(12) Commercial parking lots and garages.
(13) Community buildings, as permitted under section 25-4-11.
(14) Crop production.
(15) Display rooms for products sold elsewhere.
(16) Dwellings, double -family or duplex, with a maximum density of five hundred
square feet of land area per rentable unit or dwelling unit.
(17) Dwellings, multiple -family, with a maximum density of five hundred square
feet of land area per rentable unit or dwelling unit.
(18) Dwellings, single-family.
(19) Family child care homes.
(20) Farmers markets. When the vending activity in a farmers market involves
more than just the sale of local fresh and/or raw produce, plant life, fish and
local homegrown and homemade products for more than two days a week, the
director, at the time of plan approval, shall restrict the hours of use,
maintenance and operations and may require improvements as determined
appropriate to ensure its compatibility with the existing character of the
surrounding area.
(21) Financial institutions.
(22) Group living facilities.
(23) Home occupations, as permitted under section 25-4-13.
(24) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(25) Hotels and apartment hotels with a maximum density of five hundred square
feet of land area per rentable unit.
(26) Laundries other than those utilizing steam cleaning equipment, provided that
the facilities are not detrimental to the character of the district.
(27) Manufacturing, processing and packaging, light, provided that the activities
are not detrimental to the character of the district.
(28) Medical clinics.
(29) Meeting facilities.
(30) Model homes, as permitted under section 25-4-8.
(31) Modeling agencies.
(32) Museums and libraries.
25-153 SUPP.10 (7-2021)
§ 25-7-22 HAWAI`I COUNTY CODE
(33) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(34) Offices.
(35) Personal services.
(36) Photography and artist studios.
(37) Public uses and structures, as permitted under section 25-4-11.
(38) Publishing plants for newspapers, books and magazines, printing shops,
cartographing and duplicating processes such as blueprinting or photostating.
(39) Repair establishments, minor.
(40) Restaurants.
(41) Retail establishments, provided that they are not detrimental to the character
of the district.
(42) Schools, business.
(43) Schools, photography, art, music, dance or other similar studios or academies.
(44) Schools, vocational.
(45) Telecommunication antennas, as permitted under section 25-4-12.
(46) Temporary real estate offices, as permitted under section 25-4-8.
(47) Theaters, auditoriums and indoor sports arenas.
(48) Utility substations, as permitted under section 25-4-11.
(b) Residential use in connection with the operation of any permitted use shall be
permitted in the CDH district.
(c) Buildings and uses normally considered accessory to the above uses shall also be
permitted in the CDH district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2013, ord 13-95, sec 3; am 2021, ord
21-26, sec 13.)
Section 25-7-23. Height limit.
The height limit in the CDH district shall be one hundred twenty feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-7-24. Minimum building site area.
The minimum building site area in the CDH district shall be seven thousand five
hundred square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-7-25. Minimum building site average width.
Each building site in the CDH district shall have a minimum building site average
width of sixty feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-7-26. Minimum yards.
Front, rear and sides: none, except as required by plan approval.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
SUPP.10 (7-2021) 25-154
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SQty 10 C3021) 23A 128
THE HAWAI`I COUNTY CODE
1983 (2016 Edition, as amended)
Update to include: Supplement 10 (7-2021)
Contains ordinances effective through: 06-30-21
A CODIFICATION OF THE GENERAL ORDINANCES
OF THE COUNTY OF HAWAI`I
STATE OF HAWAI`I
Office of the County Clerk
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
(808) 961-8255
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SUPP.9 (1-2021) T-G
ORD.
NO.
EFFECTIVE
DATE
DESCRIPTION
CODE
SECTION
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,
"Spencer Kalani Schutte District Park"
and prohibits intoxicating liquors at
this park
14-1, 15-68.1
20-60
01-01-21
Native forest dedications
19-59
20-61
08-17-20
Establishes a County Construction
Code relating to building construction
and related systems within a building
under construction.
2-39, 3-14, 3-15,
25-1-5, 25-4-10,
25-4-60,
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
01-02-21
Fiscal impact statements
2-12.7
T-27 SUPP.10 (7-2021)
ORD.
EFFECTIVE
DESCRIPTION
CODE
NO.
DATE
SECTION
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 Waste
2-198, 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 airports
25-1-5, 25-5-142,
25-5-152
20-95
12-01-20
Operating budget
--
20-96
12-01-20
Capital improvements budget
2021
ORD.
EFFECTIVE
DESCRIPTION
CODE
NO.
DATE
SECTION
21-1
01-08-21
North Kona Zone Map
ZA
21-2
01-08-21
North Kona Zone Map
ZA
21-3
01-08-21
Names the pavilion at Kukuihaele
15-68.1
Park, "Takashi " Taka' Domingo
Pavilion"
21-4
01-08-21
Operating budget
--
21-5
01-21-21
Capital improvements budget
21-6
01-21-21
Capital improvements budget
SUPP.10 (7-2021) T-28
ORD.
NO.
EFFECTIVE
DATE
DESCRIPTION
CODE
SECTION
21-7
01-21-21
Operating budget
21-8
01-21-21
Operating budget
21-9
01-21-21
Operating budget
21-10
01-21-21
Operating budget
21-11
01-21-21
Operating budget
21-12
02-16-21
Capital improvements budget
21-13
02-16-21
Capital improvements budget
21-14
02-16-21
Operating budget
21-15
02-16-21
Operating budget
21-16
02-16-21
Operating budget
21-17
03-01-21
City of Hilo Zone Map
ZA
21-18
03-01-21
Capital improvements budget
21-19
03-01-21
Capital improvements budget
21-20
03-01-21
Capital improvements budget
21-21
03-01-21
Operating budget
21-22
03-01-21
Operating budget
21-23
03-15-21
Operating budget
21-24
03-15-21
Relating to use permits
25-2-64, 25-2-67,
21-25
03-16-21
North Kona Zone Map
ZA
21-26
03-16-21
Relating to definitions, use permit
requirements, parking requirements,
and zoning district regulations for
medical clinics and massage,
acupuncture, chiropractic, and other
similar health service facilities
25-1-5, 25-2-61,
25-4-51, 25-5-3,
25-5-22, 25-5-32,
25-5-52, 25-5-62,
25-5-72, 25-5-112,
25-5-122, 25-7-22
21-27
03-31-21
North Kona Zone Map
ZA
21-28
03-31-21
Operating budget
21-29
03-31-21
Operating budget
21-30
03-31-21
Capital improvements budget
21-31
05-03-21
Volcano -Mt. View Zone Map
ZA
21-32
07-01-21
Relating to the nonspeculative
residential use real property tax
dedication
19-53, 19-58.1,
19-58.2
21-33
05-17-21
Operating budget
--
21-34
05-17-21
Capital improvements budget
21-35
07-01-21
Salary Ordinance of 2021
21-36
06-04-21
Operating budget
21-37
06-09-21
Operating budget
21-38
07-01-21
Operating budget FY 2021-2022
21-39
07-01-21
Capital improvements budget FY
2021-2022
T-29 SUPP.10 (7-2021)
ORD.
NO.
EFFECTIVE
DATE
DESCRIPTION
CODE
SECTION
21-40
06-21-21
North Kona Zone Map
ZA
21-41
06-21-21
Operating budget
21-42
06-21-21
Operating budget
21-43
06-21-21
Operating budget
21-44
06-25-21
Operating budget
21-45
06-25-21
City of Hilo Zone Map
ZA
21-46
06-25-21
City of Hilo Zone Map
ZA
21-47
06-25-21
Operating budget
21-48
06-25-21
Operating budget
SUPP.10 (7-2021) T-30