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HomeMy WebLinkAboutPD Background Report (PL-USE-2026-000048)-1- B.Sullivan.USE COUNTY OF HAWAI‘I PLANNING DEPARTMENT BACKGROUND REPORT KEVIN SULLIVAN USE PERMIT APPLICATION (PL-USE-2026-000048) KEVIN SULLIVAN has applied for a Use Permit to operate a two-bedroom bed and breakfast establishment within an existing two-bedroom dwelling situated on approximately 13,320 square feet of land within the Single-Family Residential-15,000 square foot (RS-15) zoning district. The subject property is located at 524 Nohea Street, approximately 1,400 feet south of its intersection with West Kawailani Street, Hilo, South Hilo, Hawaiʻi, TMK: (3) 2-4-011:152. APPLICANT’S REQUEST 1. Request: The applicant is requesting a Use Permit to allow the establishment of a two-bedroom bed and breakfast (B&B) operation within a single-family dwelling on the subject property. The single-family dwelling consists of two bedrooms, two bathrooms, a family room, a living room and kitchen. According to the applicant, only the two existing rooms shown on the floor plan and permitted as bedrooms would be offered to registered overnight guests. The owner/operator proposes using the family room, located at the rear of the dwelling, to sleep in while hosting the B&B, and claims that this room has received a building permit and final inspection as a habitable room from the Building Department. The proposed B&B will provide overnight accommodation for a maximum of eight (8) guests in two (2) bedrooms, for a period of less than thirty days. Breakfast may be provided for registered guests only; no other meals will be provided. According to the applicant, all guest vehicles will park on the property, which also contains additional (i.e. optional) usable area that may provide flexibility for vehicle maneuvering and reserve parking. No exterior signage is proposed at this time. 2. Reason for Request: According to the applicant, the proposed two-bedroom bed and breakfast operation will provide accommodations to travelers who visit the island, provide additional income for the property owner and maintain the residential character of the neighborhood. -2- 3. Staffing/Employees: The bed and breakfast establishment will be operated by the owner. 4. Parking: Off-street parking is available as the applicant has designated three parking stalls for guests of the bed and breakfast. 5. Hours of Operation: The bed and breakfast may operate year-round on a seasonal or intermittent basis. 6. Definition of “Bed and Breakfast Establishment”: According to Section 25-1-5 of the Zoning Code, a “bed and breakfast establishment” means any single-family dwellings and/or guest houses (pursuant to section 25-4-9), which have been permitted on a building site, in which overnight accommodations and only breakfast meals are provided to a maximum of ten guests, for compensation, for periods of less than thirty days. 7. Landowner: Kevin Sullivan. 8. Supportive Information: A Use Permit is required to operate a bed and breakfast establishment in the RS-15 zoning district when the property is in the State Land Use Urban District. The applicant has submitted the attached in support of the request. (Planning Department Exhibit 1 – Use Permit Application dated July 25, 2026) STATE & COUNTY PLANS 9. State Land Use District: Urban. 10. General Plan Land Use Pattern Allocation (LUPAG) Map: The 2045 General Plan land use map classifies the subject property as Low Density Urban (LDU) which allows for residential, with ancillary community and public uses, and neighborhood and convenience-type commercial uses. 11. County Zoning: Single-Family Residential-15,000 square feet (RS-15). 12. Hilo Community Development Plan (HCDP): The Hilo CDP, adopted by Resolution No. 1 on May 21, 1975, identifies the area as Single-Family Residential-15,000 square feet (RS-15). 13. Special Management Area (SMA): The property is not within the County’s Special Management Area. The subject property sits approximately 3 miles from the nearest shoreline. -3- 14. Coastal Zone Management: The entire State of Hawai‘i lies within the Coastal Zone Management area. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 15. Subject Property: The subject, 13,320-square foot property is improved with a 2- bedroom single-family dwelling, driveway and parking area. The applicant states that the property consists of landscaping of a variety of ornamental vegetation. According to records on file with the Building Division, Building Permit No. PW.B2024-004604 was issued and completed on July 24, 2026, to repair fire damage to a 2-bedroom single-family dwelling where the proposed use will occur. The Department of Public Work-Building Division has indicated the applicant will need to secure a building permit for a residential alteration for a change of use from the existing family room to a bedroom. On September 17, 2026, the Building Division issued Building Permit No. PW.B2025-002042 for a 2-story, 1 bedroom, 2 bathrooms accessory dwelling unit (ADU). The applicant is not proposing to use the ADU for the B&B host or guests. The ADU is located near the rear of the dwelling where some of the required parking stalls are being proposed. The site plan from the ADU building permit is being provided for visual reference. (Planning Department Exhibit 2 – ADU site plan) 16. Surrounding Zoning/Land Uses: Properties surrounding the subject property are zoned Single-Family Residential-15,000 square feet (RS-15), consisting mainly of urban residential uses. The closest residence to the subject property is located approximately 20 feet north. 17. Flood Insurance Rate Map (FIRM): The property is classified as Flood Zone “X,” (Area of Minimal Flood Hazard) according to the FEMA Flood Insurance Rate Mapping system. 18. Flora/Fauna Resources: As the project site has been improved with a dwelling, the likelihood of any rare or endangered flora or fauna is remote. Existing fauna on the property currently includes ornamental vegetation such as kou, milo, coconut, ‘ulu, avocado, mulberry, hau, shrubs, ferns, grasses, crown flower, hāpuʻu, ti and bamboo. The applicant is unaware of the existence of any rare or endangered flora or fauna on the subject property. -4- 19. Archaeological/Cultural/Historical Resources: No archaeological and cultural study was conducted of the property as the subject property has been previously impacted by ground-disturbing activities associated with residential development. Although there is no proposed construction for the bed and breakfast, the recently permitted Accessory Dwelling Unit may require the B&B parking to be relocated with the potential for ground disturbance. The applicant states that in the event any inadvertent discoveries are made during any land disturbance activity relating to this project, work will cease and the applicants will immediately notify the Planning Department and SHPD and secure their clearances before proceeding any further. 20. Public Access: The subject parcel is not a shoreline parcel and there have been no observations of public access through the property. PUBLIC UTILITIES AND SERVICES 21. Access/Parking/Traffic: Access to the subject property is from Nohea Street, which is a County-maintained roadway with a 40-foot-wide right-of-way with an approximately 20-foot-wide pavement. Guests will utilize an existing asphalt driveway to access guest parking stalls. According to the Hawaiʻi County Zoning Code Section 25-4-51(a)(2), a bed and breakfast establishment must provide one parking stall for each guest bedroom and one stall for the dwelling unit, which the applicant will comply with. According to the applicant, traffic impacts are not expected to be significant and would remain consistent with current levels, given the small scale of the proposed two-bedroom bed and breakfast and traffic will be limited to registered guests. 22. Water: The subject property is serviced by the existing county water system with a 5/8-inch meter limited to an average daily usage of 400 gallons. 23. Wastewater: The subject property is not served by the existing county sewer system; thus, the applicant shall follow Department of Health (DOH) regulations for wastewater. The application states that the project will continue to use the existing cesspool currently serving the single-family dwelling. 24. Solid Waste: According to the applicant, a private hauling company will be used to dispose of solid waste. -5- 25. Food Service Operations: By definition, bed and breakfast establishments may only provide breakfast meals to guests. The Department of Health (DOH) has noted that a food establishment permit will be required if meals are to include “potentially hazardous food” or if the number of guests exceeds 6. If the bed and breakfast will only offer commercial cereal, pastries, breads, fruits, coffee, tea, and juice, then a food establishment permit is not required. 26. Essential Utilities and Services: Electrical, telephone and internet services are available to the subject property. The nearest fire station is approximately half a mile southwest of the property and the closest police station is located approximately 1.6 miles northeast of the subject property. AGENCY COMMENTS 27. Department of Finance – Real Property Tax: (Planning Department Exhibit 3 - September 8, 2026, memo) 28. Department of Health: (Planning Department Exhibit 4 – September 9, 2026, Memo). 29. Department of Water Supply: (Planning Department Exhibit 5 – September 16, 2026, Memo and Planning Department Exhibit 6 - October 7, 2026 email). 30. DPW-Building: (Planning Department Exhibit 7 - October 2, 2026, email and Planning Department Exhibit 8 – October 10, 2026 email) AGENCIES – NO COMMENTS/NO CONCERNS 31. Police Department. AGENCIES – NO RESPONSE 32. DPW-Engineering, Department of Environmental Management, Fire Department. APPLICANTʻS RESPONSE TO AGENCY COMMENTS 33. Applicant’s Response to Department of Water Supply Memo (Planning Department Exhibit 9 - September 20, 2026, letter) NARRATIVE IN SUPPORT OF USE PERMIT APPLICATION 524 Nohea Street, Hilo, Hawaiʻi 96720 TMK (3) 2-4-011:152 | RS-15 | State Land Use Urban District Request Use Permit to establish and operate a Bed and Breakfast establishment under the Hawaiʻi County Code framework established by Ordinance No. 00-152 and presently codified in HCC §§ 25-1-5, 25-2-61(a)(1), 25-4-7, and 25-5-3(b)(1), within the existing primary dwelling at 524 Nohea Street. Approval is requested for up to two (2) guest bedrooms and no more than eight (8) overnight guests. Purpose and Proposed Use A fire in October 2023 caused substantial damage to the property and resulted in significant unanticipated reconstruction costs. Rather than abandon the property, the applicant restored the original 1950-era residence and continued investing in its repair and long-term maintenance. The proposed Bed and Breakfast would provide a modest supplemental income source while allowing the applicant to continue residing on and personally maintaining the property. Figure1.BeforeFire~2022 Figure2.AfterFire/postrenovation 1 The proposed use is intentionally limited in scale. Only the two existing rooms shown and permitted as bedrooms would be offered to registered overnight guests. The applicant would serve as the resident owner/operator and would occupy the permitted rear family room. The operator would therefore remain on the same building site at all times, as expressly required by HCC § 25-4-7(b)(2). The rear family room is not proposed as a rentable guest bedroom and is not part of the requested two-bedroom transient accommodation use. It is an existing permitted and finaled habitable room within the dwelling. HCC § 25-4-7 expressly distinguishes between the operator and the rooms rented to guests. Section 25-4-7(b)(2) requires that the operator “reside on the same building site,” while § 25-4-7(b)(4) separately limits the number of “guest bedrooms for rent to guests.” The Code does not state that the operator must occupy a room permitted or labeled as a bedroom. That distinction should be given effect. HCC § 25-1-5(a) directs building-construction terms not defined by the Zoning Code to the County construction codes, and HCC § 25-2-1 specifically assigns enforcement of Chapter 25 provisions relating to building construction and occupancy to the building official, while the Planning Director administers the remaining land-use provisions. Accordingly, whether an existing permitted room satisfies applicable construction-code requirements for habitation or sleeping is properly a building-code matter rather than an additional unstated B&B land-use standard. The approved and finaled construction plans on file demonstrate that the rear family room is habitable space and provide the information necessary to evaluate applicable residential- code requirements, including room dimensions, ceiling height, light and ventilation, emergency escape and rescue, and smoke-alarm protection under IRC §§ R303.1, R304.1- R304.2, R305.1, R310, and R314. This approach also avoids expanding a land-use restriction beyond the language adopted by ordinance. The Hawaiʻi Supreme Court has reiterated that land-use statutes, as restrictions upon common-law property rights, are strictly construed. Where the Code expressly requires guest rooms to be bedrooms but does not impose the same requirement upon the resident operator, an additional operator-bedroom restriction should not be implied administratively without express legal authority. Hosted Operation The Bed and Breakfast would remain hosted. The applicant will initially serve as the owner/operator and reside in the permitted rear family room. The operator will at all times reside on the same building site and supervise the use in accordance with HCC § 25-4- 7(b)(2). The Bed and Breakfast may operate year-round on a seasonal or intermittent basis for registered overnight guests. Exterior signage is not proposed at this time. No regular 2 nonresident employees are proposed, although service providers may visit as needed for cleaning or maintenance. Written house rules will address quiet hours from 9:00 p.m. to 8:00 a.m., on-site parking, and the prohibition of parties, commercial events, and unrelated activities. Breakfast may be provided to registered overnight guests only; no other meals will be provided. Requested Operating Parameters  A maximum of two guest bedrooms and eight overnight guests.  Quiet hours from 9:00 p.m. to 8:00 a.m.  No weddings, parties, commercial events, restaurant use, or public assembly use.  Guest parking to remain on site. Property and Existing Improvements The subject parcel was created as part of post-war subdivisions in Hilo, contains approximately 13,320 square feet and is located in Waiākea Homesteads in South Hilo. It is zoned RS-15 and lies within the State Land Use Urban District. The property is a previously developed residential lot with gradual topography that accommodates the existing dwelling, driveway, parking, landscaping, drainage, etc. No material alteration of the existing topography is proposed as part of the Bed and Breakfast use. The original residence was constructed in 1950 and expanded westward over the years. Real property tax records have historically reflected 4 bedrooms on the property. It has been recently repaired and renovated after a 2023 fire destroyed basically everything except the redwood Hick’s home. Building Permit No. PW.B2024-004604 covers the restorative renovation/upgrade work, including the permitted rear room, bathroom and electrical repairs. No grading, subdivision, or enlargement of the primary dwelling is requested through this Use Permit. Land Use Context The property is designated RS-15 Zoning District; a Bed and Breakfast may be considered in the RS district through the Use Permit process under HCC §§ 25-2-61(a)(1), 25-4-7(a), and 25-5-3(b)(1). 3 The General Plan Land Use Pattern Allocation Guide designates the property Low Density Urban. No adopted Community Development Plan establishes separate parcel-specific standards applicable to the site. The property is outside the Special Management Area and is located in FEMA Flood Zone X. The proposal would continue the residential use and appearance of the building site. It would not create a separate commercial structure, increase the number of dwelling units beyond that already approved, or change the overall neighborhood development pattern. 4 Neighborhood Compatibility Nohea Street south of Kawailani Street is a short, dead-end public residential street serving established homes and terminating at the fenced Hilo Municipal Golf Course. Only one vacant lot remains on the street; the area is substantially built out and has experienced some gradual infill with maintenance and renovation of properties over the last decade. The use would have no storefront, restaurant, event venue, or outdoor assembly area. Quiet hours would be observed from 9:00 p.m. to 8:00 a.m. Weddings, parties, ticketed events, and commercial gatherings would not be allowed. A stand of coconut palms, kou trees, and tī at the street property line provides additional privacy and a vegetative noise buffer to and from neighboring properties. Because the operator would reside on the building site, guest conduct, parking, refuse, and noise could be addressed directly and promptly. Access, Parking, and Traffic As mentioned above Nohea Street terminates at the Hilo Municipal Golf Course and does not function as a through street. Only 8 residences are located between the subject property and the terminus. As a result, existing traffic on this segment is limited primarily to residents, their visitors, and service vehicles. Any modest increase in trips associated with the proposed hosted Bed and Breakfast is not expected to materially interfere with or detrimentally affect the use of the roadway by these neighboring households, particularly because guest parking will be provided on site and no events, restaurant use, or other high-traffic activity is proposed. 5 The property is accessed from paved Nohea Street by an existing asphalt driveway approximately 175 feet long and 12½ feet wide. As shown on the site plan, the property provides ample on-site area to accommodate the three required parking stalls for the dwelling and proposed Bed and Breakfast. All guest vehicles will park on the property. The site also contains additional (ie optional) usable area that may provide flexibility for vehicle maneuvering or reserve parking if needed, although approval of the requested use does not depend on that additional area. Utilities and Wastewater The property is served by the County Department of Water Supply through an existing water line and meter, adequate amperage electrical service from Hawaiian Electric, Hawaiian Telcom internet and phone service, a hard-wired home surveillance system, and a private refuse collection contract through Leo’s Rubbish. The primary dwelling is served by an existing cesspool. The Bed and Breakfast would remain subject to the lawful capacity of the wastewater system serving the primary dwelling and all applicable Department of Health requirements. Historic, Cultural, and Environmental Setting The site is already developed. I am not aware of any burials, archaeological deposits, lava tubes, traditional gathering areas, customary access routes, or other cultural resources on the property. No grading or clearing is proposed as part of the Bed and Breakfast use. If any future construction or ground disturbance uncovers previously unidentified remains or historic material, work would stop and the appropriate agencies would be contacted. The parcel contains established residential landscaping. I am not aware of threatened or endangered species or designated critical habitat on the lot, and I have not observed any such species on the property. Trees on site include kou, milo, coconut, ʻulu, avocado, mulberry, and hau. Shrubs, ferns, and grasses include crown flower, hāpuʻu, tī, and bamboo. 6 Use Permit Findings Consistency with the RS District, Chapter 25, and the General Plan The proposed use is one that the Zoning Code expressly allows the Planning Commission to consider in the RS district through a Use Permit. The Bed and Breakfast would remain hosted and subordinate to the residential use of the site. The applicant will initially serve as the owner/operator. Thereafter, any operator of the Bed and Breakfast will reside on the same building site as required by HCC § 25-4-7(b)(2), and transient accommodations would remain confined to the primary dwelling. The initial operation would use the two existing rooms identified as bedrooms on the approved plans while the operator resides in the permitted rear family room, subject to any required Building Division confirmation. The proposed Bed & breakfast establishment would not increase residential density or materially alter the building site beyond that already permitted. The Bed and Breakfast operation would remain confined to the primary dwelling and would occur within the existing permitted building footprint. The proposal therefore supports the finding required by HCC § 25-2-65(1). No Material Detriment or Substantial Adverse Impact The proposed use would involve no more than two rentable rooms within the primary dwelling. The exterior appearance of the property would remain unchanged and residential. The limited bedroom count, resident operator oversight, quiet hours, prohibition of events, and on-site parking would provide practical safeguards against noise, parking spillover, and other neighborhood impacts. For these reasons, the request supports the finding required by HCC § 25-2-65(2). No Unreasonable Burden on Public Agencies The parcel already has paved public road and driveway access, electrical service, refuse service, wastewater facilities, and ordinary police and fire coverage. The initial two-bedroom use would create only incremental additional demand associated with registered overnight guests. The operation would remain within the footprint of the existing dwelling and would not require public or private infrastructure expansion. No roadway extension, public sewer extension, drainage project, school improvement, or other public capital facility is requested or anticipated to be triggered or required by the proposed use. These facts support the finding required by HCC § 25-2-65(3). 7 M M M Floor Plan OPERATOR ROO GUEST ROO GUEST ROO 8 SITE PLAN 9 ELEVATIONS BED & BREAKFAST ESTABLISHMENT Val Colter 808-769-2949 val.colter@yahoo.com Date: 8-13-2026 Re: 524 Nohea Street, Hilo, Hawaiʻi 96720 TMK (3) 2-4-011:152 Building Permit No. PW.B2024-004604 & PL-USE-2026-000048 SULLIVAN B&B To Whom It May Concern: I am a draŌsman working under a Hawaiʻi-licensed architect familiar with the above-referenced residence and have reviewed the approved/finaled construcƟon plans and the rear room idenƟfied as the “Family Room.” The Family Room is an exisƟng permiƩed and finaled habitable room within the dwelling. Based on my professional review, the room saƟsfies the applicable residenƟal building-code requirements for use as a sleeping room/bedroom, including:  IRC § R303.1 – light and venƟlaƟon;  IRC §§ R304.1–R304.2 – minimum area and dimensions;  IRC § R305.1 – ceiling height;  IRC § R310 – emergency escape and rescue openings; and  IRC § R314 – smoke alarms. Accordingly, I am not aware of any physical, dimensional, or life-safety deficiency that would prevent the room from being designated or used as a bedroom under the applicable residenƟal building code. The exisƟng “Family Room” designaƟon on the approved plan is therefore a room-use designaƟon rather than an indicaƟon that the space lacks the physical or life-safety characterisƟcs required of a bedroom. Respecƞully, Val Colter Val Colter working under Robert Smelker, AIA Hawaiʻi Licensed Architect No.3560 INTAKE COMMENT 6-16-2025 County of Hawaii Planning Department Front Setback Minimum ______ Feet Setback Required Minimum ______ Feet Open and Unobstructed Space Required 20 14 County of Hawaii Planning Department Side Yard Setback Minimum ______ Feet Setback Required Minimum ______ Feet Open and Unobstructed Space Required County of Hawaii Planning Department Side Yard Setback Minimum ______ Feet Setback Required Minimum ______ Feet Open and Unobstructed Space Required 10 5 10 5 County of Hawaii Planning Department Rear Setback Minimum ______ Feet Setback Required Minimum ______ Feet Open and Unobstructed Space Required 20 14 County of Hawaii Planning Department A P P R O V E D 06/23/2025Bonnie Okamoto U, RS-15, LUPAG:ldu. Lot E/13,320 sf./SUB 168 (4-11-49). Recommended for Issuance of ADU. ALL BUILDING MATERIALS AND INSTALLATIONS SHALL BE OF THE APPROVED TYPE AND/OR METHOD AND BE IN ACCORDANCE WITH THE BUILDING CODE AND THE LATEST AMENDED VERSION OF HAWAII COUNTY CODES CHAPTER 5. THIS STRUCTURE SHALL NOT BE OCCUPIED UNTIL AFTER FINAL INSP. STRUCTURAL MEMBER SIZE AND FASTENING AS REQUIRED BY ENGINEER / ARCHITECT PW.B2025-002042 nosorio 06/24/2025 NOT REQUIRED BUILDER SHALL ASSURE PROPER SETBACKS OF STRUCTURES TO PROPERTY LINES amsimeon 06/26/2025 DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION DRIVEWAY: IN ACCORDANCE WITH CHAPTER 22 OF THE HAWAII COUNTY CODE, A PERMIT SHALL BE OBTAINED FOR DRIVEWAY CONSTRUCTION WORKWITHIN THE COUNTY ROAD RIGHT-OF WAY. GRADING: ALL EARTHWORK AND GRADING SHALL CONFORM TO CHAPTER 10 OF THE HAWAII COUNTY CODE. A PERMIT MAY BE REQUIRED FOR LOT GRUBBING AND/OR GRADING. DRAINAGE: NO ADDITIONAL RAINFALL, RUNOFF GENERATED BY THIS PROJECT SHALL BE DISPOSED OF ONTO COUNTY ROADWAYS OR ADJACENT PROPERTIES. ALL DRAINAGE IMPROVEMENTS SHALL CONFORM TO CHAPTER 27 OF THE HAWAII COUNTY CODE. ROADWAY: CHECK WITH HIGHWAYS DIVISION IF ROADWAY IS MAINTAINED BY THE COUNTY OF HAWAII. Diane NakagawaC. KimoAlameda, Ph.D. Finance DirectorMayor MaliaA. KekaiWilliamV. Brilhante Jr. Deputy DirectorManagingDirector County ofHawai‘i DEPARTMENT OFFINANCE - REAL PROPERTY TAX Aupuni Center • 101Pauahi Street SuiteNo. 4 Hilo, Hawai‘i 96720-4679 Fax (808) 961-8415 Appraisers (808) 961-8354 Clerical (808) 961-8201 Collections (808) 961-8282 West Hawai‘iCivic Center • 74-5044 Ane Keohokalole Hwy. Bldg. D, 2nd Flr. Kailua Kona, Hawai‘i 96740 Fax (808) 327-3538 • Appraisers (808) 323-4881 Clerical (808) 323-4880 Date: 09/08/2026 TaxMapKey: 2-4-011:152 To: Planning Director From: RealProperty TaxOffice Subj: Request forComments and/orReview Comments from theAppraisal Section: Property isreceiving agricultural use value Property isdedicated toagricultural use Possible rollback taxes There arenocomments atthistime Remarks: Owner iscurrently receiving aHomeowner’sExemption. Byoperating asa STVR (Bed & Breakfast) theywillbedisallowed fromreceiving thefull Homeowner’sExemption benefits (3% cap & Homeowner’staxrate). Appraiser toContact: Makanalani Guillermo Phone: 808-961-8124 Comments fromthecollection section: Status ofrealproperty taxes: Current Delinquent / Amounts $ Amount includes tax, penalty & interest upto Remarks: Collection personnel tocontact: Karen Visaya Phone: 808-961-8282 Hawai‘iCounty isanEqual Opportunity Provider andEmployer JOSH GREEN, M.D. KENNETH S. FINK, M.D, MGA, MPH GOVERNOR OF HAWAII DIRECTOR OF HEALTH KE KIA’AINA O KA MOKU’AINA O HAWAI’I KA LUNA HO’OKELE STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: September 9, 2026 TO: Mr. Jeffrey W. Darrow Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Use Permit Application (PL-USE-2026-000048) Applicant: Kevin Sullivan Request: To Establish a Two-Bedroom Bed and Breakfast Within an Existing Two-Bedroom Single-Family Dwelling TMK: 2-4-011:152; Waiākea, South Hilo, Hawaiʻi In most cases, the District Health Office will no longer provide individual comments to agencies or project owners to expedite the land use review and process. Agencies, project owners, and their agents should apply Department of Health “Standard Comments” regarding land use to their standard project comments in their submittal. Standard comments can be found on the Land Use Planning Review section of the Department of Health website: https://health.hawaii.gov/epo/landuse/. Contact information for each Branch/Office is available on that website. Note: Agencies and project owners are responsible for adhering to all applicable standard comments and obtaining proper and necessary permits before the commencement of any work. General summary comments have been included for your convenience. However, these comments are not all-inclusive and do not substitute for review of and compliance with all applicable standard comments for the various DOH individual programs. Clean Air Branch 1. All project activities shall comply with the Hawaii Administrative Rules (HAR), Chapters 11-59 and 11-60.1. Jeffrey W. Darrow September 9, 2026 Page 2 of 4 2. Control of Fugitive Dust: You must reasonably control the generation of all airborne, visible fugitive dust and comply with the fugitive dust provisions of HAR §11-60.1-33. Note that activities that occur near existing residences, businesses, public areas, and major thoroughfares exacerbate potential dust concerns. It is recommended that a dust control management plan be developed which identifies and mitigates all activities that may generate airborne and visible fugitive dust and that buffer zones be established wherever possible. 3. Standard comments for the Clean Air Branch are at: https://health.hawaii.gov/epo/landuse/ Clean Water Branch 1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55. 1. The following Clean Water Branch website contains information for agencies and/or project owners who are seeking comments regarding environmental compliance for their projects with HAR, Chapters 11-53, 11-54, and 11-55: https://health.hawaii.gov/cwb/clean-water-branch-home- page/cwb- standard-comments/. Hazard Evaluation & Emergency Response Office 1. A Phase I Environmental Site Assessment (ESA) and Phase II Site Investigation should be conducted for projects wherever current or former activities on site may have resulted in releases of hazardous substances, including oil or chemicals. Areas of concern include current and former industrial areas, harbors, airports, and formerly and currently zoned agricultural lands used for growing sugar, pineapple or other agricultural products. 2. Standard comments for the Hazard Evaluation & Emergency Response Office are at: https://health.hawaii.gov/epo/landuse/. Indoor and Radiological Health Branch 1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11-502, 11-503, and 11-504. 2. Noise may be generated during demolition and/or construction. The applicable maximum permissible sound levels, as stated in Title 11, HAR, Chapter 11-46, “Community Noise Control,” shall not be exceeded unless a noise permit is obtained from the Department of Health. 3. Construction/Demolition Involving Asbestos: If the proposed project includes renovation/demolition activities that may involve asbestos, the applicant should contact the Asbestos and Lead Section of the Branch at https://health.hawaii.gov/irhb/asbestos/. Safe Drinking Water Branch Jeffrey W. Darrow September 9, 2026 Page 3 of 4 1. Agencies and/or project owners are responsible for ensuring environmental compliance for their projects in the areas of 1) Public Water Systems; 2) Underground Injection Control; and 3) Groundwater and Source Water Protection in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11- 25. They may be responsible for fulfilling additional requirements related to the Safe Drinking Water program: https://health.hawaii.gov/sdwb/. 2. Standard comments for the Safe Drinking Water Branch can be found at: https://health.hawaii.gov/epo/landuse/. Solid & Hazardous Waste Branch 1. Hazardous Waste Program - The state regulations for hazardous waste and used oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the identification, handling, transportation, storage, and disposal of regulated hazardous waste and used oil. 2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters 339D, 342G, 342H, and 342I, and HAR Chapters 11-58.1 and 11-282. Generators and handlers of solid waste shall ensure proper recycling or disposal at DOH-permitted solid waste management facilities. If possible, waste prevention, reuse, and recycling are preferred options over disposal. The Office of Solid Waste Management also oversees the electronic device recycling and recovery law, the glass advanced disposal fee program, and the deposit beverage container program. 3. Underground Storage Tank Program – The state regulations for underground storage tanks are in HAR Chapter 11-280.1. These rules apply to the design, operation, closure, and release response requirements for underground storage tank systems, including unknown underground tanks identified during construction. 4. Standard comments for the Solid & Hazardous Waste Branch can be found at: https://health.hawaii.gov/epo/landuse/. Wastewater Branch For comments, please email the Wastewater Branch at doh.wwb@doh.hawaii.gov. Sanitation / Local DOH Comments: 1. The purpose of these guidelines is to provide interpretation of the Department of Health’s Administrative Rules, Title 11, Chapter 50, Food Safety Code, as it pertains to Bed and Breakfast operations. 2. A “Bed and Breakfast” establishment where food is served to no more than six guests, so long as the person in charge obtains food protection certification pursuant to section HAR 11-50-20(c), food operations are limited to those risk categories enumerated in section 11-50-7(e)(1)- (4) (receiving; cold storage, holding, preparation, and thawing, hot storage, holding, and preparation, thermal Jeffrey W. Darrow September 9, 2026 Page 4 of 4 processing) and signage, with lettering no smaller than one inch in height, remains posted at the entrance to the kitchen within the home notifying any consumer that the food served is "Made in a home kitchen not routinely inspected by the Department of Health" shall be exempt from the provisions of this chapter except that they shall remain subject to inspection. Other 1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit recommends that state and county planning departments, developers, planners, engineers, and other interested parties apply these principles when planning or reviewing new developments or redevelopment projects. 2. If new information is found or changes are made to your submittal, DOH reserves the right to implement appropriate environmental health restrictions as required. Should there be any questions on this matter, please contact the Department of Health, Hawaii District Health Office, at (808) 933-0917. i OF WATER 6G 19; 49 DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAI`I aP 345 KEKUANAO`ASTREET, SUITE 20 • HILO, HAWAI'I 96720OFHAWp, TELEPHONE (808) 961-8050 • FAX (808)961-8657 September 16, 2026 Ni T REC'D HAND DELIVEREDTO: Mr. Jeffrey Darrow, Director Planning Department FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: Use Permit Amendment Application Applicant: Kevin Sullivan Request: To Establish a Two-Bedroom Bed and Breakfast Within an Existing Two-Bedroom Single-Family Dwelling Tax Map Key 2-4-011:152 (PL-USE-2026-000048) We have reviewed the subject application and have the following comments and conditions. Please be informed that there is one (1) existing 5/8-inch meter(Account No. 160-52600) serving the subject parcel off the existing 6-inch waterline on Nohea Street. The meter is limited to an average daily usage of 400 gallons and suitable for only one (1) single-family dwelling. We have no objection to the establishment of a bed and breakfast on the subject parcel. The applicant will be required to install a reduced pressure type backflow prevention assembly within five (5) feet of the existing meter on private property. The installation of the backflow prevention assembly must be inspected and approved by the Department before water service can be granted. The applicant proposes a maximum of eight (8) guests with the operator occupying the dwelling. If the average daily usage exceeds 400 gallons,the Department may install a flow-reducing device on the meter should the consumption through the existing meter exceed its rated capacity or require the meter to be upsized for the usage. Should there be any questions, please contact Ms. Robyn Matsumoto of our Water Resources and Planning Branch at 808-961-8070, extension 255. Sincerely yours, Keith K. Okamoto, P.E. Manager-Chief Engineer RM:makk copy— Mr. Kevin Sullivan Water, Our ghost Precious Resource . . . pa Wai A pane . . . The Department of Water Supply is an Equal Opportunity provider and employer. 1 Ramos-Kia Tupua, Moses (Moke) From:Matsumoto, Robyn <rmatsumoto@hawaiidws.org> Sent:Wednesday, October 7, 2026 6:41 PM To:Kevin Sullivan Cc:Darrow, Jeffrey W.; Jackson, Maija; Ramos-Kia Tupua, Moses (Moke); dws Subject:RE: PL-USE-2026-000048 - DWS Reconsideration UIPA Request TMK 2-4-011152 Attachments:PL-USE-2026-000048 - DWS Reconsideration UIPA Request TMK 2-4-011152.pdf; Notice-to-Requestor 20261007 Kevin Sullivan.pdf; DWS Website - Do You Need a Backflow Preventer.pdf; Table 100-18 - Domestic Consumption Guidelines.pdf; Section 3-5 Connections.pdf; Table 100-17 Backflow Prevention Requirements.pdf Follow Up Flag:Follow up Flag Status:Completed Hello Mr. Sullivan, In response to you UIPA request regarding this application, please see the following: Reduced-pressure backflow prevention – This is being required because the Department deems that the bed and breakfast use is a commercial activity. As identified on the Department’s website (https://www.hawaiidws.org/backflow-preventer/), a consumer with commercial activities is required to install a backflow prevention assembly. 400 gallon average daily usage is identified as a State wide standard for single family units in Table 100-18, Domestic Consumption Guidelines in the Water System Standards, State of Hawaiʻi, 2002 which is attached for your reference. Regarding the following comment: o The applicant proposes a maximum of eight (8) guests with the operator occupying the dwelling. If the average daily usage exceeds 400 gallons, the Department may install a flow-reducing device on the meter should the consumption through the existing meter exceed its rated capacity or require the meter to be upsized for the usage. The comment reiterates the applicant’s proposal for a maximum of 8 guests and was not intended to question the number of bed and breakfast guests as that is a criteria evaluated by the Planning Department. The comment was intended to put the applicant on notice regarding the consequences of overuse since the bed and breakfast activity is in addition to the single-family dwelling use. You may refer to Items 13 and 14 of Section 3-5, Connections in the Department’s Rules and Regulations for a more detailed explanation. Please keep in mind that in some places, only 1 unit of water (ie. average of 400 gpd) may be available and therefore upsizing a meter may not be an option as water availability can change. Regarding your request for the Department to evaluate diƯerent scenarios of the number of guests plus one resident operator, the Department can provide actual usage data upon request. Water calculations are typically submitted by the applicant’s licensed engineering consultant. We do not currently require water calculations for bed and breakfast activities. As previously stated, the Department considers bed and breakfast activity as a commercial activity and therefore, please refer to page 107-2 of the attached Table 100-17, Backflow Prevention Requirements. The potential hazard for a commercial activity is the potential for water to backflow into our water system. Currently, there are no other approved isolation devices in replacement of a backflow preventer. You do have the option to propose one for the Department 2 to evaluate and approve. Reducing the maximum occupancy would not change the requirement for a backflow preventer.  As you stated, the residence already has water service, therefore if the bed and breakfast use is approved by the Planning Department, the bed and breakfast operations should not start until the backflow preventer is installed and approved by the Department. Please let us know if you have any additional questions. Sincerely, Ms. Robyn Matsumoto, P.E. Department of Water Supply Engineering Division OIP (rev. Jan. 2023) NOTICE TO REQUESTER TO: ______________________________________________________________________________________________ (Requester’s name) FROM: ______________________________________________________________________________________________ (Agency, and agency contact person’s name, telephone number, mailing, & email address) DATE THAT THE RECORD REQUEST WAS RECEIVED BY AGENCY: ________________________________ DATE OF THIS NOTICE: ____________________________________ GOVERNMENT RECORDS YOU REQUESTED (attach copy of request or provide brief description below): 2 3 4 THIS NOTICE IS TO INFORM YOU THAT YOUR RECORD REQUEST: Will be granted in its entirety. Cannot be granted. Agency is unable to disclose the requested records for the following reason: Agency does not maintain the records. (HRS § 92F-3) Other agency that is believed to maintain records: _______________________________________________ Agency needs further clarification or description of the records requested. Please contact the agency and provide the following information: _________________________________________________________ Request requires agency to create a summary or compilation from records, but requested information is not readily retrievable. (HRS § 92F-11(c)) Will be granted in part and denied in part, OR Is denied in its entirety Although the agency maintains the requested records, it is not disclosing all or part of them based on the exemptions provided in HRS § 92F-13 and/or § 92F-22 or other laws cited below. (Describe the portions of records that the agency will not disclose.) RECORDS OR APPLICABLE AGENCY INFORMATION WITHHELD STATUTES JUSTIFICATION REQUESTER’S RESPONSIBILITIES: You are required to (1) pay any lawful fees and costs assessed; (2) make any necessary arrangements with the agency to inspect, copy or receive copies as instructed below; and (3) provide the agency any additional information requested. For questions about this notice or the records being sought, please ask the agency’s contact person named at the top of this form. Also, please submit your payment, if any, to the agency at the address listed at the top of this form. DO NOT SEND YOUR PAYMENT to the Office of Information Practices (OIP) unless you are requesting records directly from OIP. If you do not comply with the requirements set forth in this notice within 20 business days after the postmark date of this notice or the date the agency makes the records available, you will be presumed to have abandoned your request and the agency shall have no further duty to process your request. Once the agency begins to process your request, you OIP (rev. Jan. 2023) may be liable for any fees and costs incurred. If you wish to cancel or modify your request, you must advise the agency upon receipt of this notice. Please note that the Office of Information Practices (OIP) does not maintain the records of other agencies, and a requester must seek records directly from the agency it believes maintains the records. If the agency denies or fails to respond to your written request for records or if you have other questions regarding compliance with the UIPA, then you may contact OIP at (808) 586-1400, oip@hawaii.gov, or 250 South Hotel Street, Suite 107, Honolulu, Hawaii, 96813. METHOD & TIMING OF DISCLOSURE: Records available for public access in their entireties must be disclosed within a reasonable time, not to exceed 10 business days from the date the request was received, or after receipt of any prepayment required. Records not available in their entireties must be disclosed within 5 business days after this notice or after receipt of any prepayment required. HAR § 2-71-13(c). If incremental disclosure is authorized by HAR § 2-71-15, the first increment must be disclosed within 5 business days of this notice or after receipt of any prepayment required. Method of Disclosure: Inspection at the following location: _______________________________________________________________ As requested, a copy of the record(s) will be provided in the following manner: Available for pick-up at the following location: ______________________________________________ Will be mailed to you. Will be transmitted to you by other means requested: _______________________________________ Timing of Disclosure: All records, or the first increment if applicable, will be made available or provided to you: On ____________________, 20____. After prepayment of 50% of fees and 100% of costs, as estimated below. For incremental disclosures, each subsequent increment will be disclosed within 20 business days after: The prior increment (if one prepayment of fees is required and received), or Receipt of each incremental prepayment, if prepayment for each increment is required. Records will be disclosed in increments because the records are voluminous and the following extenuating circumstances exist: Agency must consult with another person to determine whether the record is exempt from disclosure under HRS chapter 92F. Request requires extensive agency efforts to search, review, or segregate the records or otherwise prepare the records for inspection or copying. Agency requires additional time to respond to the request in order to avoid an unreasonable interference with its other statutory duties and functions. A natural disaster or other situation beyond agency’s control prevents agency from responding to the request within 10 business days. ESTIMATED FEES & COSTS AND PAYMENT: FEES: For personal record requests under Part III of chapter 92F, HRS, the agency may charge you for its costs only, and fee waivers do not apply. For public record requests under Part II of chapter 92F, HRS, the agency is authorized to charge you fees to search for, review, and segregate your request (even if a record is subsequently found to not exist or will not be disclosed in its entirety). The agency must waive the first $30 in fees assessed for general requesters, OR in the alternative, the first $60 in fees when the agency finds that the request is made in the public interest. Only one waiver is provided for each request. See HAR §§ 2-71-19, -31 and -32. OIP (rev. Jan. 2023) COSTS: For either personal or public record requests, the agency may charge you for the costs of copying and delivering records in response to your request, and other lawful fees and costs. PREPAYMENT: The agency may require prepayment of 50% of the total estimated fees and 100% of the total estimated costs prior to processing your request. If a prepayment is required, the agency may wait to start any search for or review of the records until the prepayment is received by the agency. Additionally, if you have outstanding fees or costs from previous requests, including abandoned requests, the agency may require prepayment of 100% of the unpaid balance from prior requests before it begins any search or review for the records you are now seeking. The following is an itemization of what you must pay, based on the estimated fees and costs that the agency will charge you and the applicable waiver amount that will be deducted: For public record requests only: Fees: Search Estimate of time to be spent: hours $ ($2.50 for each 15-minute period) Review & segregation Estimate of time to be spent: hours $ ($5.00 for each 15-minute period) Fees waived general ($30), OR public interest ($60) <$ > (Only one waiver per request) Other ______________________________________ $ (Pursuant to HAR §§ 2-71-19 & 2-71-31) Total Estimated Fees: $ For public or personal record requests: Costs: Copying Estimate of # of pages to be copied: $ (@ $ per page, pursuant to HRS § 92-21) Delivery Postage $ Other _____________________________________ $ Total Estimated Costs: $ TOTAL ESTIMATED FEES AND COSTS from above: $ The estimated fees and costs above are for the first incremental disclosure only. Additional fees and costs, and no further fee waivers, will apply to future incremental disclosures. PREPAYMENT IS REQUIRED (50% of fees + 100% of costs, as estimated above) $ UNPAID BALANCE FROM PRIOR REQUESTS (100% must be paid before work begins) $ TOTAL AMOUNT DUE AT THIS TIME $ Payment may be made by: cash personal check payable to _____________________________________________ other _______________________________________________________________ Submit your payment to the agency at the address listed at the beginning of this form, including the name of the agency’s contact person. Do You Need A Backflow Preventer? Backflow Prevention WHY Backflow Prevention? Backflow prevention is required by Federal (Safe Drinking Water Act), State of Hawaii (Water System Standards) and County of Hawaii Department of Water Supply (Rules and Regulations) to protect the public water system from contamination. HOW to Prevent Backflow A Backflow prevention assembly prevents the undesirable return of water from the consumer premises, which may contain contaminants or pollutants, into the public water system. WHO Needs to Install a Backflow Prevention Assembly? A consumer who meets any of the following conditions is required to install a backflow prevention assembly. Agricultural Activities Note: The installation of a backflow prevention assembly does not automatically constitute approval for agricultural rates. Auxiliary water sources including, but not limited to, reclaimed water, swimming pools, catchment tanks and ponds. Construction Activities Commercial Activities Customer Service How to Pay Your Bill How to Read Your Water Bill Water Rates Brochure How is Your Money Spent? How to Detect For Leaks Frequently Asked Questions Do You Need a Backflow Preventer? Backflow Resources: Backflow Prevention Assembly – Typical Installation University of Southern California Approved Backflow List Backflow Rules and Regulations Backflow Water System Standards Backflow Certified General Tester List Backflow Test Form Examples of Commonly Used Backflows:   Customer Service⌄Water Board⌄Water Quality⌄Conservation⌄News & Projects⌄Community⌄Pay Online Contact  10/7/26, 3:51 PM Do You Need a Backflow Preventer? – Department of Water Supply https://www.hawaiidws.org/backflow-preventer/1/2 Home About DWS County of Hawai’i Jobs Bids & Proposals Contact Government Facilities Irrigation/sprinkler systems Non-Residential facilities including, but not limited to harbors, churches and community parks Master meters – multi dwelling on one meter Any residential facility having any of the above or other potential hazards (ex. Pressurized system) REQUIREMENTS for Installation and Maintenance A consumer who is required to have a backflow prevention assembly needs to hire, at their expense, a licensed plumber to install an approved backflow prevention assembly. The operation, maintenance and periodic testing of the backflow prevention assembly will be the responsibility of the consumer. The installation will have to be inspected and approved by the Department of Water Supply. CONTACT for Inspections or Questions Please contact personnel at the Cross-Connection Control section, phone number (808) 961-8670, for inspection and approval once the backflow prevention assembly has been installed or should you have any questions. ©2025 Department of Water Supply, County of Hawai'i. All Rights Reserved.  10/7/26, 3:51 PM Do You Need a Backflow Preventer? – Department of Water Supply https://www.hawaiidws.org/backflow-preventer/2/2 DIVISION 100 - PLANNING 111-3 Table 100-18 - DOMESTIC CONSUMPTION GUIDELINES AVERAGE DAILY DEMAND* ZONING DESIGNATION HAWAII KAUAI MAUI OAHU RESIDENTIAL: Single Family or Duplex 400 gals/unit 500 gals/unit 600 gals/unit or 3000 gals/acre 500 gals/unit or 2500 gals/acre Multi-Family Low Rise 400 gals/unit 350 gals/unit 560 gals/unit or 5000 gals/acre 400 gals/unit or 4000 gals/acre Multi-Family High Rise 400 gals/unit 350 gals/unit 560 gals/unit 300 gals/unit COMMERCIAL: Commercial Only 3000 gals/acre 3000 gals/acre 6000 gals/acre 3000 gals/acre Commercial/Industrial Mix -- 5000 gals/acre 140 gals/1000 sq. ft. 100 gals/1000 sq. ft. Commercial/Residential Mix -- 3000 gals/acre 140 gals/1000 sq. ft. 120 gals/1000 sq. ft. RESORT (To include hotel for Maui only) 400 gals/unit (1) 350 gals/unit 350 gals/unit or 17000 gals/acre 350 gals/unit or 4000 gals/acre LIGHT INDUSTRY: 4000 gals/acre 4000 gals/acre 6000 gals/acre 4000 gals/acre SCHOOLS, PARKS: 4000 gals/acre or 60 gals/student 4000 gals/acre or 60 gals/student 1700 gals/acre or 60 gals/student 4000 gals/acre or 60 gals/student AGRICULTURE: 2,500 gals/acre 5000 gals/acre 4000 gals/acre * - Where two or more figures are listed for the same zoning, the daily demand resulting in higher consumption use shall govern the design unless specified otherwise. (1) - Subject to special review and control by the Manager. 14 Section 3-4. Application for Water Service and Service Connection (1) Each applicant shall be required to sign an application for the water service desired, before water is turned on for any use. The consumer and/or applicant shall be held liable for the payment of all charges for water service at the designated location, including collection fees, late payment penalties, and service charges, if any. A deposit of $150 shall be collected from each applicant who has not previously established satisfactory credit with the Department. (2) Restoration of water service at an existing location or providing a water service at a new location for a consumer whose water service was disconnected because of nonpayment will be made when the consumer has complied as follows: (a) Paid the required deposit, and (b) Paid all outstanding accounts and all charges described in Section 3-12. (3) The deposit, less any unpaid balances, shall be returned to the applicant at the time of termination of service. (4) Charges shall begin when the water service is established and shall continue until due notification from the consumer or until discontinued by the Department for failure of the consumer to comply with these Rules and Regulations. (5) When an application for water service is made by a person who was responsible for and failed to pay any bills previously rendered, regardless of location or time incurred, the Department may refuse to furnish water service to such applicant until the outstanding bills and all charges described in Section 3- count(s). (6) A consumer taking possession of a property and using water without having made application for the transfer of water service shall be held liable for the water delivered from the date of the last recorded meter reading. Section 3-5. Connections (1) When the application for water service has been approved, the service connection shall be installed by the Department at the expense of the applicant and thereafter shall be maintained by the Department at its expense. There shall be one (1) meter for each service connection. All meters shall be sealed by the Department before installation and no seal shall be altered or broken except by authorized employees of the Department. (2) The charge for service lateral or service connection installation of a 5/8-inch meter service shall be based on the cost of installation as established from time to time by the Board. Additional costs shall be charged under special or unusual conditions as described in the rate schedule. These costs shall be paid by the applicant before the installation of the service lateral or service connection. Copies of the prevailing rate schedule are on file and available for public inspection at the Department. If a second service lateral is requested for the same lot, the Department will install the second lateral at the installation charge established by the Board. Any additional service lateral or laterals to the same lot shall be installed by a contractor at the expense of the consumer or applicant. (3) If there is an existing service lateral and an application is made for water service which requires the installation of a meter, shut-off valve, and/or meter box, a fee equal to the 15 fore installation. (4) If an application is made for water service for other than single family residential service and which requires the installation of a service lateral and service connection for one- meter service or larger, such application shall be supported by water demand calculations prepared for by the applicant before the meter and appurtenances are installed by the Department. If the actual cost of the installation, excluding the cost of the meter, is in excess of the deposit, the applicant shall pay the difference. If the actual cost is less than the deposit, the applicant shall be refunded the difference. (5) The applicant shall install and connect at his expense his supply pipe to the shut-off valve. meter is installed by the Department. The supply pipe shall at all times remain the sole property of the applicant and/or owner, and the applicant and/or owner shall be responsible for its maintenance and repair. If the supply pipe is installed before the service connection is set, the Department shall make the connection to it; provided, that it is requested by the applicant prior to the installation of the service connection. (6) Only employees of the Department shall be allowed to connect or disconnect the service onnecting, attempting to obtain, or obtaining water without permission of the Department, or tampering with the water meter or breaking the seal thereon shall be fined $500.00 per occurrence, except that in cases where the offense shall be of a continuing from the Department to remedy the same, shall constitute a separate offense. Furthermore, any person who tampers with a public water system, attempts to tamper with a public water system, or Revised Statutes, Section 340E-4.5, and/or Section 26- (7) No service connection, service lateral or water main shall be installed by the Department in any private road, lane, street, alley, court, or place, until such are open to the public and brought to proper grade, or Section 3-28 is complied with by a gated community, and the Department is given proper easements for the main or service connection. Otherwise, an applicant desiring water service to property fronting on such private roads, lanes, etc., must extend his supply pipe to the nearest public street on which a main exists. (8) When the proper size of service connection for any premises has been determined and the installation has been made, the Department has fulfilled its obligations insofar as the size of the service and the location thereof are concerned. If thereafter the consumer desires a change in size of the service connection or a change in the location thereof, he/she shall bear all actual costs of change before commencement of work and also any applicable additional facilities charges. (9) The Department shall install a shut-off valve immediately after the meter and within the meter box at the expense of the consumer if it deems it necessary, and thereafter it shall be maintained by the Department at its expense. The shut-off valve is for emergency use only. The consumer shall install other valves for purposes of controlling intermittent use within the (10) All work and materials associated with the change in location or elevation of any part of the existing public water system made necessary by the new service connection or lateral shall be at the expense of the applicant. 16 (11) When required by the Department, contours or elevations shall be furnished by the applicant, base (12) The Department shall determine the location and size of all meters, service connections and laterals to its system. (13) When it is determined by the Department, that additional water usage for other than single family residential service within the premises has increased such that the flow of water through the meter has exceeded the safe rated capacity of the meter thereby causing undue wear and tear or damage of the meter, the Department shall require the applicant and/or consumer to increase the size of the meter or to install additional meter or meters at the expense of the applicant and/or consumer within 60 days of notification by the Department {refer to Section 3-5(4)}. The Department may suspend or terminate water service for failure to comply with said requirement to increase meter size or install additional meter or meters. (14) When the Department determines that water usage for other than single family residential service or for consumers who have been approved for the agricultural rate as outlined in Section 3-es charge and other applicable fees, the Department will determine if the water system can support the additional usage. If the system can support the additional usage, the consumer may be required to install an additional or larger meter at his expense within 60 days of the notification by the Department. In addition, the applicant will be required to pay the prevailing facilities charge and other applicable fees. If the system can not support the additional usage, the Department will inform the consumer and may install a flow-reducing device on the meter. (15) An applicant for water service from a Department of Water Supply standpipe facility shall and remove the meter. In addition, the applicant shall pay the monthly standby and consumption charge at rates established by the Board. Section 3-6. Facilities Charge (1) In addition to the installation cost, the applicant shall pay a facilities charge as defined in Section 1-1 of these Rules and Regulations or as described in paragraph (a) of this section, except under conditions as described in paragraph (b) of this section. This charge shall be established by the Board. Copies of the Facilities Charge Schedule are on file and available at the Department. (See Rule 4 for section governing Subdivision Facilities Charge Requirements.) The monies realized from the facilities charge shall be used to defray the cost of capital expenditures for the public water system and debt service payments on bonds issued to finance such capital expenditures. (a) Increase in Meter or Service Lateral Size, Number of Lots, Dwelling Units or Equivalent Units. 1. When the size of the existing meter is increased using the existing service lateral and the facilities charge for the larger meter has not been paid, the applicant shall pay a facilities charge based on the difference between the facilities charges at prevailing rates for the existing meter and the larger meter or on the number of additional lots, dwelling units or equivalent units, whichever cost is larger. 2. When the sizes of the existing service lateral and meter are increased and the existing service lateral is removed or abandoned, the entire cost of the new service lateral shall be paid by the applicant. The applicant shall pay a facilities charge based on the DIVISION 100 - PLANNING 107-2 Table 100-17 - BACKFLOW PREVENTION REQUIREMENTS Backflow Prevention Assembly Facility Pressure Vacuum Breaker (Includes Spill-Resistant Pressure Vacuum Breaker) Double Check Valve Assembly Air Gap or Reduced Pressure Principle Backflow Preventer Aircraft, Airport Facilities and Missile Plants X Agricultural Activities X Automotive Plants X Auxiliary Water Systems (Private Wells, Sewage Effluent, Used Waters, Reclaimed Waters (Regardless of Classification), Industrial Fluid Systems) X Beverage Bottling Plants X Buildings - (Hotels, Apartments, Commercial, Industrial, Public and Private Buildings) and Warehouses X Canneries, Packing Houses and Reduction Plants X Car Wash Facilities X Chemical Plants - Manufacturing, Processing, Compounding or Treatment X Chemically Contaminated Water System - Premises where chemicals used as additives with water in processes. X Civil Works - Federal, State, City, County and District Yards; Docks and Facilities; Military Camps, Posts, Stations, Public Buildings, and Facilities X Construction Activities X Dairies and Cold Storage Plants X Dual/Nonpotable Water Systems X DIVISION 100 - PLANNING 107-3 Table 100-17 - BACKFLOW PREVENTION REQUIREMENTS Backflow Prevention Assembly Facility Pressure Vacuum Breaker (Includes Spill-Resistant Pressure Vacuum Breaker) Double Check Valve Assembly Air Gap or Reduced Pressure Principle Backflow Preventer Fire Systems CASE I. No chemical added to system or no auxiliary source involved. CASE II. A system containing antifreeze, rust or corrosion inhibitors fire retardants, or other chemicals utilizing auxiliary source CASE III. A system with a fire department connection to the system riser. 1 - Minimum requirement is a single check valve if fire protection system is not connected to a DC meter. (For Maui only: Minimum requirement is a double check Detector Assembly.) X1 X (For Hawaii Only) X (For Kauai Only) X Golf Courses X Medical Buildings, Hospitals, Animal Hospitals, Animal Clinics, Sanitariums, Dental Clinics, Morgues, Mortuaries, Autopsy Facilities, Nursing and Convalescent Homes X (cont.) DIVISION 100 - PLANNING 107-4 Table 100-17 - BACKFLOW PREVENTION REQUIREMENTS Backflow Prevention Assembly Facility Pressure Vacuum Breaker (Includes Spill-Resistant Pressure Vacuum Breaker) Double Check Valve Assembly Air Gap or Reduced Pressure Principle Backflow Preventer Irrigation Systems - Premises having separate systems (i.e., Parks, Playgrounds, Cemeteries, Golf Courses, Schools, Estates, Ranches, etc.) CASE I. No fertilizer or chemical added to system For Kauai Only: RPs only CASE II. Irrigation system equipped with pumps, injectors, pressurized tanks or vessels used for adding pesticides or other chemicals into the system; irrigation systems subject to contamination from submerged inlets, auxiliary water supplies, ponds, and other sources of contaminated waters. 2 - For Kauai Only: RPs only; For Maui Only: Air gaps only X (Excluding Hawaii) X X (For Maui Only) X2 Laundries and Dye Works X Metal Manufacturing, Cleaning, Processing, Fabricating, and Plating Plants X Motion Picture Studios and Film Laboratories X Multi-family Master Metered Developments (PDH's, Clusters) 3 - Property must not be in an area that uses nonpotable or reclaimed water as an auxiliary source. X3 (For Oahu Only) X (cont.) DIVISION 100 - PLANNING 107-5 Table 100-17 - BACKFLOW PREVENTION REQUIREMENTS Backflow Prevention Assembly Facility Pressure Vacuum Breaker (Includes Spill-Resistant Pressure Vacuum Breaker) Double Check Valve Assembly Air Gap or Reduced Pressure Principle Backflow Preventer Multiple Services - Interconnected X Oil and Gas Production, Storage or Transmission Properties X Paper and Paper Products Plants X Power Plants X Radioactive Materials or Substances - Plants or Handling Facilities X Restricted, Classified or Other Closed Facilities X Rubber Plants - Natural and Synthetic X Sand and Gravel Plants and Quarries X Schools and Colleges X Separate Pressure Water Systems Utilizing Booster Pumps or Separate Storage Facilities X Shopping Centers and Other Multi-Tenant Buildings X Swimming Pools X Wastewater Facilities X Water Front Facilities and Industries X (cont.) 1 Ramos-Kia Tupua, Moses (Moke) From:Darrow, Jeffrey W. Sent:Friday, October 2, 2026 4:35 AM To:Spielman, Aaron Cc:Ahn, Michelle; Jackson, Maija; Ramos-Kia Tupua, Moses (Moke) Subject:FW: Assistance with the submitted information Attachments:Sullivan B&B Floor Plan.png; Family Room Habitability.pdf Aloha Aaron, If you could also let us know if any additional permit would be needed (change of use from family room to a bedroom) or if the family room could be determined to be a bedroom via building code. Thanx again, Jeff From: Darrow, Jeffrey W. Sent: Friday, October 2, 2026 4:28 AM To: Spielman, Aaron <Aaron.Spielman@hawaiicounty.gov> Cc: Ahn, Michelle <Michelle.Ahn@hawaiicounty.gov>; Jackson, Maija <Maija.Jackson@hawaiicounty.gov>; Ramos-Kia Tupua, Moses (Moke) <MosesMoke.Ramos-KiaTupua@hawaiicounty.gov> Subject: Assistance with the submitted information Aloha Aaron, We would appreciate your assistance with this B&B request. The applicant has a two-bedroom dwelling that has a living room and a family room. The draftsperson (Val Colter) has submitted information that the family room satisfies the applicable residential building-code requirements for use as a sleeping room/bedroom. Typically for B&B’s, we require one bedroom to be set aside for the host/owner. This is a unique request. I am attaching the floor plan and Val’s letter. The TMK is 2-4-011:152. Zoning is RS- 15/Urban. Can you please review this and provide guidance for us? Thanx, Jeff 2 Jeffrey W. Darrow Planning Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, HI 96720 808-961-8158 County of Hawai’i ConfidenƟality NoƟce: This e-mail message, including any aƩachments, is for the sole use of the intended recipient(s) and may contain confidenƟal and/or privileged informaƟon. Any review, use, disclosure, or distribuƟon by unintended recipients is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Val Colter 808-769-2949 val.colter@yahoo.com Date: 8-13-2026 Re: 524 Nohea Street, Hilo, Hawaiʻi 96720 TMK (3) 2-4-011:152 Building Permit No. PW.B2024-004604 & PL-USE-2026-000048 SULLIVAN B&B To Whom It May Concern: I am a draŌsman working under a Hawaiʻi-licensed architect familiar with the above-referenced residence and have reviewed the approved/finaled construcƟon plans and the rear room idenƟfied as the “Family Room.” The Family Room is an exisƟng permiƩed and finaled habitable room within the dwelling. Based on my professional review, the room saƟsfies the applicable residenƟal building-code requirements for use as a sleeping room/bedroom, including:  IRC § R303.1 – light and venƟlaƟon;  IRC §§ R304.1–R304.2 – minimum area and dimensions;  IRC § R305.1 – ceiling height;  IRC § R310 – emergency escape and rescue openings; and  IRC § R314 – smoke alarms. Accordingly, I am not aware of any physical, dimensional, or life-safety deficiency that would prevent the room from being designated or used as a bedroom under the applicable residenƟal building code. The exisƟng “Family Room” designaƟon on the approved plan is therefore a room-use designaƟon rather than an indicaƟon that the space lacks the physical or life-safety characterisƟcs required of a bedroom. Respecƞully, Val Colter Val Colter working under Robert Smelker, AIA Hawaiʻi Licensed Architect No.3560 1 Ramos-Kia Tupua, Moses (Moke) From:Spielman, Aaron Sent:Saturday, October 10, 2026 1:26 PM To:Darrow, Jeffrey W. Cc:Ahn, Michelle; Segawa, Wesley; Azevedo, Neil; Holzman-Escareno, Juliana Subject:Re: Permitting and PLN's B&B - Notes Aloha DIR Darrow – Thank you for the reminder request on Friday regarding questions on B&B’s, especially for Kevin Sullivan’s home (PLN staƯ). I have reviewed this narrow question with staƯ and can share the following: - If Kevin wants to change the existing “Family Room” to a “Bedroom” he would need to submit a Building Permit Application for “Residential Alteration” and write in the “Description of Work” that the application is for a “change of use from existing Family Room to Bedroom.” o The normal course of permit application processing would follow, including review by Plans Examiners who would verify the proposed plans are code compliant with the current building code (2018 IRC). The unaltered portions of the existing home that were permitted/inspected under older codes are not required to be upgraded to the current code. o Part of this workflow will be to DOH-WWB (not on sewer), which may require upgrade of the existing wastewater system. - Similarly, with Val Colter’s letter and project, an existing “Den” could theoretically be changed to a “Bedroom,” but the existing Den would need to meet the minimum requirements for a Bedroom, or be altered to be code compliant under the current code. Same process as above. These are standard submittals, but the reviews are a case-by-case basis. Mahalo | Aaron Aaron J. Spielman, AIA, NCARB, NFPA Building Division Chief County of Hawaii Department of Public Works Building Division Kona OƯice: (808) 323-4731 Hilo OƯice: (808) 961-8434