| 47 | | - | SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§46- Maintenance and repairs; group U structures; remodeling; exemptions from building permit requirements. (a) Notwithstanding any law to the contrary, the following shall be exempt from the requirement to obtain any county permit when located in areas outside of a special management area delineated pursuant to chapter 205A: (1) Repairs that involve the replacement of component parts of existing work with like-for-like materials for the purpose of maintenance, without regard to the value of the materials or labor; provided that the repairs do not involve any electrical, plumbing, or mechanical installations; (2) Group U occupancies that do not exceed one thousand square feet; and (3) Interior remodeling that does not: (A) Affect building square footage or the number of rooms or bathrooms; (B) Modify the location of rooms, walls, or windows; or (C) Change the use. (b) Notwithstanding subsection (a), an owner or occupier who intends to: (1) Perform exempt repairs and maintenance on any dwelling larger than three thousand square feet or structure larger than five thousand square feet that has group A, B, E, F, H, I, or M occupancy under the International Building Code; (2) Install a structure larger than one thousand square feet with group U occupancy; or (3) Perform any interior remodeling work on an existing structure, shall submit plans and provide written notice to the appropriate county agency about the type of proposed work. (c) No work shall commence until the appropriate county agency has determined that a building permit for the proposed work is not required to comply with federal, state, or county floodplain management development standards, statutes, rules, ordinances, codes, or regulations pursuant to National Flood Insurance Program requirements. (d) The appropriate county agency shall certify the work within thirty calendar days upon the receipt of the written notice from the owner or occupier, pursuant to subsection (b). (e) The applicable county fire department and county building permitting agency may enter the property, upon reasonable notice to the owner or occupier, to investigate exempted work for compliance with the requirements of this section. If entry is refused after reasonable notice is given, the applicable county fire department or county building permitting agency may apply to the district court of the circuit in which the property is located for a warrant, directed to any police officer of the circuit, commanding the police officer to provide sufficient aid and to assist the county fire department or county building permitting agency in gaining entry onto the property to investigate exempted work for compliance, pursuant to the requirements of this section. (f) This section shall not apply to buildings, work, or structures otherwise exempted from building permitting or building code requirements by applicable county ordinance. (g) This section shall not be construed to supersede public or private lease conditions. (h) The State and counties shall not be liable for claims arising from the performance of work described in this section, unless the claim arises out of gross negligence or intentional misconduct by the State or the applicable county. (i) This section shall not be construed to exempt any new or existing buildings, structures, related appurtenances, or other work from building permit requirements, underlying zoning requirements, and other requirements of federal, state, or county floodplain management development standards, statutes, rules, ordinances, codes, or regulations, pursuant to National Flood Insurance Program requirements. (j) Any failure to comply with this section shall result in penalties that are consistent with those imposed by the applicable county building permitting agency. (k) As used in this section, "group U occupancy" includes uninhabited structures, including but not limited to agricultural buildings, aircraft hangars, accessories to one- or two-family residences, barns, carports, communication equipment structures, fences, grain silos, livestock shelters, private garages, retaining walls, sheds, stables, tanks, and towers." SECTION 2. New statutory material is underscored. SECTION 3. This Act shall take effect on July 1, 2050. |
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| 47 | + | SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§46- Maintenance and repairs; group U structures; remodeling; exemptions from building permit requirements. (a) Notwithstanding any law to the contrary, the following shall be exempt from the requirement to obtain any county permit when located in areas outside of a special management area delineated pursuant to chapter 205A: (1) Repairs that involve the replacement of component parts of existing work with like-for-like materials for the purpose of maintenance, without regard to the value of the materials or labor; provided that the repairs do not involve any electrical, plumbing, or mechanical installations; (2) Group U occupancies that do not exceed one thousand square feet; and (3) Interior remodeling that does not affect building square footage or the number of rooms or bathrooms and does not modify the location of rooms, walls, or windows. (b) Notwithstanding subsection (a), an owner or occupier who intends to: (1) Perform exempt repairs and maintenance on any dwelling larger than three thousand square feet or structure larger than five thousand square feet that has group A, B, E, F, H, I, or M occupancy under the International Building Code; (2) Install a structure larger than one thousand square feet with group U occupancy; or (3) Perform any interior remodeling work on an existing structure, shall provide written notice to the appropriate county agency about the type of proposed work. (c) No work shall commence until the appropriate county agency has determined that a building permit for the proposed work is not required to comply with federal, state, or county floodplain management development standards, statutes, rules, ordinances, codes, or regulations pursuant to National Flood Insurance Program requirements. (d) The appropriate county agency shall certify the work within thirty calendar days upon the receipt of the written notice from the owner or occupier, pursuant to subsection (b). (e) The applicable county fire department and county building permitting agency may enter the property, upon reasonable notice to the owner or occupier, to investigate exempted work for compliance with the requirements of this section. If entry is refused after reasonable notice is given, the applicable county fire department or county building permitting agency may apply to the district court of the circuit in which the property is located for a warrant, directed to any police officer of the circuit, commanding the police officer to provide sufficient aid and to assist the county fire department or county building permitting agency in gaining entry onto the property to investigate exempted work for compliance, pursuant to the requirements of this section. (f) This section shall not apply to buildings, work, or structures otherwise exempted from building permitting or building code requirements by applicable county ordinance. (g) This section shall not be construed to supersede public or private lease conditions. (h) The State and counties shall not be liable for claims arising from the performance of work described in this section, unless the claim arises out of gross negligence or intentional misconduct by the State or the applicable county. (i) This section shall not be construed to exempt any new or existing buildings, structures, related appurtenances, or other work from building permit requirements, underlying zoning requirements, and other requirements of federal, state, or county floodplain management development standards, statutes, rules, ordinances, codes, or regulations, pursuant to National Flood Insurance Program requirements. (j) Any failure to comply with this section shall result in penalties that are consistent with those imposed by the applicable county building permitting agency. (k) As used in this section, "group U occupancy" includes uninhabited structures, including but not limited to agricultural buildings, aircraft hangars, an accessory to a one- or two-family residence, barns, carports, communication equipment structures, fences, grain silos, livestock shelters, private garages, retaining walls, sheds, stables, tanks, and towers." SECTION 2. New statutory material is underscored. SECTION 3. This Act shall take effect on January 1, 3000. |
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