Kaua'i County, HI: Administration.

§ 12-1.3 Administration.

The following provisions reference the International Building Code, 2018 Edition, amended to read as follows, but shall apply generally to any construction-related reference to Chapter 12, Kaua'i County Code 1987, as amended, and shall supersede and survive any county adoption deadlines relating to various code effective dates pursuant to action of the State Building Code Council:

(1)

Amending Section 101.1. Title. Section 101.1 is amended to read:

101.1 Title. These regulations shall be part of the Building Code of the County of Kaua'i, hereafter referred to as "this code."

(2)

Amending Section 101.2. Scope. Section 101.2 is amended to read:

101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, 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, except:

•	Where located primarily in the public way;
•	Public utility towers or poles;
•	Electrical and mechanical equipment cabinets not specifically regulated in this code;
•	Hydraulic flood control structures; and
•	Recreational playground equipment.

Exceptions: Detached one- and two-family dwellings and multiple single-family dwellings (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 International Residential Code as adopted by the County of Kaua'i if provided with debris impact protection in accordance with Section 1609.2 Protection of Openings. Exception 3 in Section 1609.2 shall not apply.

(3)

Amending Section 101.2.1 Appendices. Section 101.2.1 is amended to read:

101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted.

Exceptions:

Appendix U, Hawai'i Hurricane Sheltering Provisions for New Construction, shall be adopted.

Appendix W, Hawai'i Wind Design Provisions for New Construction, shall be adopted.

Appendix X, Hawai'i Provisions for Indigenous Hawaiian Architecture Structures, shall be adopted.

(4)

Amending Section 101.4 Referenced codes. Section 101.4 is amended to read:

101.4 Referenced codes. The other codes referenced elsewhere in this code shall be considered a part of this code to the prescribed extent of each such reference.

(5)

Amending Section 101.4.1 Gas. Section 101.4.1 is amended to read:

101.4.1 Other codes. Other referenced codes not listed in Section 101.4 are considered referenced guidelines and not mandatory.

(6)

Amending Section 101.4.2 Mechanical. Section 101.4.2 is amended to read:

101.4.2 Gas. Whenever the term International Fuel Gas Code is used in this code, it shall mean the County of Kaua'i Plumbing Code.

(7)

Amending Section 101.4.3 Plumbing. Section 101.4.3 is amended to read:

101.4.3 Plumbing. Whenever the term International Plumbing Code is used in this code, it shall mean the County of Kaua'i Plumbing Code.

(8)

Amending Section 101.4.4 Property maintenance. Section 101.4.4 is amended to read:

101.4.4 Electrical code. The provisions of the County of Kaua'i Electrical Code shall apply.

(9)

Amending Section 101.4.5 Fire prevention. Section 101.4.5 is amended to read:

101.4.5 Fire prevention. Whenever the term International Fire Code is used in this code, it shall mean the Fire Code.

(10)

Amending Section 101.4.6 Energy. Section 101.4.6 is amended to read:

101.4.6 Energy. Whenever the term International Energy Conservation Code is used in this code, it shall mean Article 6 Energy Conservation Code of this Code.

(11)

Adding Section 101.4.8 Conflicts with other codes. If a referenced code conflicts with another applicable law of the jurisdiction, then said applicable law shall prevail over the referenced code.

(12)

Amending Section 102.2 Other laws. Section 102.2 is amended to read:

102.2 Other Codes and Ordinances. Any provisions of this code contrary notwithstanding, the following shall be at all times in full force and effect, and in case of conflicting requirements, except where Federal and/or State law preempts County law, the stricter shall be complied with:

•	Hawai'i Revised Statutes;
•	Ordinances of the County of Kaua'i;
•	Rules and Regulations of the Land Use Commission, State of Hawai'i;
•	Subdivision Rules and Regulations adopted pursuant to the Subdivision Ordinance;
•	Rules and Regulations of the Department of Water, County of Kaua'i;
•	Public Health Regulations of the Department of Health, State of Hawai'i;
•	Rules and Regulations of the Department of Labor and Industrial Relations, State of Hawai'i;
•	Fire Code of the County of Kaua'i;
•	Airport Zoning Regulations of the Director of Transportation, State of Hawai'i.

(13)

Amending Section 102.6 Existing structures. Section 102.6 is amended to read:

102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, the County adoption of the International Existing Building Code, or the Fire Code.

(14)

Deleting Section 102.6.1 Buildings not previously occupied. Section 102.6.1 is deleted in its entirety.

(15)

Deleting Section 102.6.2 Buildings previously occupied. Section 102.6.2 is deleted in its entirety.

(16)

Amending SECTION 103 DEPARTMENT OF BUILDING SAFETY. Section 103 is amended to read:

SECTION 103 - ORGANIZATION AND ENFORCEMENT

103.1 Creation of enforcement agency. There is hereby established in this jurisdiction a code enforcement agency that shall be under the administrative operational control of the building official.

103.2 Deputies. In accordance with the prescribed procedures and with the approval of the appointing authority, the building official may appoint technical officers, inspectors, plans examiners and other employees. The building official may deputize such inspectors or employees as may be necessary. Such employees shall have powers as delegated by the building official.

The building official may temporarily deputize inspectors, employees or volunteers to carry out the functions of the code enforcement agency in the event of a natural disaster.

(17)

Amending Section 104.2.1 Determination of substantially improved or substantially damaged existing buildings and structures in flood hazard areas. Section 104.2.1 is amended to read:

104.2.1 Determination of substantially improved or substantially damaged existing buildings in flood hazard areas. For applications for reconstruction, rehabilitation, repair, alteration, addition or other improvement of existing buildings or structures located in flood hazard areas, requirements of Chapter 15, Article 1, Floodplain Management, Kaua'i County Code 1987, as amended, shall prevail.

(18)

Amending Section 104.7 Department records. Section 104.7 is amended to read:

104.7 Department records. The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. The official records under the jurisdiction of the building official shall be maintained as public records for the following:

Building, electrical, and plumbing permit applications for construction of all buildings and structures which fall under this Code shall be maintained for a period of seven (7) years.

Residential building plans for all residential buildings and structures within a residential area shall be maintained for a period of seven (7) years.

Commercial building plans for all commercial buildings within a commercial, industrial or resort area shall be maintained for a period of fifteen (15) years.

Records for plans and permits submitted and issued under electronic plan review shall be retained according to County policy.

(19)

Amending Section 104.10.1 Flood hazard areas. Section 104.10.1 is amended to read:

104.10.1 Flood hazard areas. The building official shall not grant modifications to any provision required in flood hazard areas as established by Section 1612.3 unless a variance is issued in accordance with Chapter 15, Article 1, Floodplain Management, Kaua'i County Code 1987, as amended.

(20)

Amending Section 105.1 Required. Section 105.1 is amended to read:

105.1 Required. No person, firm or corporation shall erect, construct, enlarge, repair, move, alter, improve, remove, convert, or demolish any building or structure in the County of Kaua'i, or cause the same to be done, without first obtaining a separate building permit for each such building or structure from the building official.

(21)

Amending Section 105.1.1 Annual permit. Section 105.1.1 is amended to read:

105.1.1 Solar permit required. No person shall install any solar energy system on any premises, building or structure within the County, or cause the foregoing to be done, without first obtaining a permit, issued under the authority of this Section.

Exception: Solar energy system work by an electrical utility or serving agency operating under a franchise or charter granted by the State of Hawai'i.

(22)

Deleting Section 105.1.2 Annual permit records. Section 105.1.2 is deleted in its entirety.

(23)

Amending Section 105.2 Work exempt from permit. Section 105.2 is amended to read:

105.2 Work exempt from permit. A building permit shall not be required for the following; however, all other governmental agency codes and laws shall be complied with:

Work accepted under Section 101.2.

One-story detached accessory buildings used as tool and storage sheds, playhouses, animal shelters, green houses, trash enclosures and similar uses, provided the floor area does not exceed 300 square feet and complies with Chapter 8, Comprehensive Zoning Ordinance; Chapter 15, Article 1, Floodplain Management, Kaua'i County Code 1987, as amended and the Administrative Laws and Rules of the Department of Health, State of Hawai'i.

Fences and structures such as architectural barriers and planter boxes not over 6 feet in height, measured from the finish grade to the top of the structures and constructed in accordance with Chapter 8, Comprehensive Zoning Ordinance; Chapter 15, Article 1, Floodplain Management and Chapter 16, Traffic Code, Kaua'i County Code 1987, as amended.

Retaining walls, which are not over 4 feet in height, measured from the finish grade to the top of the wall. Rip-rap type retaining walls with a slope of not less than 1:1 and having a vertical dimension not over 4 feet in height, constructed in accordance with Chapter 8, Comprehensive Zoning Ordinance; Chapter 15, Article 1 Floodplain Management and Chapter 16, Traffic Code, Kaua'i County Code 1987, as amended.

Sidewalks, driveways, outside paving and curbs.

Painting, decorating, papering, floor covering, tiling, carpeting, cabinets, counter tops and similar finish work.

Installation of sidings over existing exterior walls of building of Group R-3 or U Occupancy. Reroofing work for Group R-3 or U Occupancy, providing that the roofing material shall be of similar type material or application.

Temporary construction buildings, sheds, platforms, fences and similar structures used during the construction project or for use as props for motion pictures, filming, television, theater stage sets, scenery and live play performances.

Prefabricated swimming pools accessory to Group R Occupancy in which the pool walls are entirely above the adjacent grade and the capacity of water does not exceed 5,000 gallons.

10.

Tents or other similar coverings used for private parties or for camping. Tents or other similar coverings erected as accessory uses in relationship to Group R and Group U Occupancies, provided such tents or other similar covering is not used as a dwelling and erected in accordance with Chapter 8, Comprehensive Zoning Ordinance and Chapter 15, Article 1, Floodplain Management, Fire Code, Kaua'i County Code 1987, as amended.

11.

Temporary tents or other similar coverings erected for commercial, ceremonial or religious purposes such as rallies, festivals and amusements provided no person, firm or corporation shall erect any tent or similar structure, which is to be used as a dwelling. Tents or other similar coverings shall be erected in accordance with Chapter 8, Comprehensive Zoning Ordinance; Chapter 15, Article 1, Floodplain Management and Chapter 15A, Fire Code, Kaua'i County Code 1987, as amended.

12.

Awnings supported by an exterior wall which do not project more than 54 inches from the exterior wall and do not require additional support of Group R and Group U Occupancies.

13.

Moveable cases, counters and partitions not over 5 feet 9 inches (1753mm) in height.

14.

Home television and radio antennas. Standard electroliers and flagpoles not over 35 feet in height above the finish grade.

15.

Repairs which involve only the replacement of component parts or existing work with similar material for the purpose of maintenance, and which do not aggregate over $20,000.00 in valuation in any 12-month period, and do not affect any electrical or mechanical installations. Repairs exempt from permit requirements shall not include any additions, change or modification in construction, exit facilities, or permanent fixtures or equipment.

16.

Architectural barriers, curbs, retaining walls, fences and structures approved and constructed with roadway or highway construction, subdivision of lands and in accordance with plans approved by the County under subdivision rules and regulations or under a grading permit.

17.

tructures such as decorative water features, lagoons, fishponds or aquatic ponds not used for human occupancy and constructed in accordance with Chapter 8, Comprehensive Zoning Ordinance; Chapter 15, Article 1, Floodplain Management, Kaua'i County Code 1987 as amended and the Administrative Rules of the Department of Water, County of Kaua'i.

18.

Shade cloth structures constructed for nursery or agricultural purposes. Shade cloth structures or other similar coverings shall be erected in accordance with Chapter 8, Comprehensive Zoning Ordinance; Chapter 15, Article 1, Floodplain Management and Chapter 15A, Fire Code, Kaua'i County Code 1987, as amended.

19.

Work on building or premises owned by or under the direct control of the United States or the State of Hawai'i, except where permits are specially requested by said governmental agency.

(24)

Deleting Section 105.2.2 Public service agencies. Section 105.2.2 is deleted in its entirety.

(25)

Amending Section 105.3.1 Action on application. Section 105.3.1 is amended to read:

105.3.1 Issuance of permits. A building, electrical, or plumbing permit may be issued to an applicant to perform the work under Chapter 444, Hawai'i Revised Statutes. The applicant shall provide a statement concerning licensure or exemption in accordance with Chapter 444, Hawai'i Revised Statutes.

The application, plans and specifications filed by an applicant for a permit shall be checked by the building official. Such plans shall be reviewed by other departments of the County to check for compliance with laws and ordinances under their jurisdiction. If the work described in an application for permit, and the plans filed therewith, conform to the requirements of this Code and other pertinent laws and ordinances, and the fee specified in Section 109 has been paid, the building official shall issue a permit therefore to the applicant. Payment for any permit fee shall be paid prior to the issuance of such permit; provided, however, that no permit shall be granted for the moving of any building or structure or portion thereof which has deteriorated or been damaged to an extent greater than 50 percent of the cost of the replacement (new) of such building or structure.

When the building official issues the permit, he shall affix an official stamp of approval to the specifications and each sheet of the Job Site Copy of the plans. Such approved plans and specifications shall not be changed, modified, or altered without authorization from the building official and other agencies granting approval, and all work shall be done in accordance with the approved plans. The permit shall be posted in a conspicuous place on the site during the progress of work.

A fee of ten dollars ($10.00) shall be imposed and collected for the reproduction of any building, electrical, plumbing or sign permit card for which a permit was issued by the building official.

Solar Permits. The issuance of the permit shall cover the building, electrical and plumbing code requirements pertinent to the solar energy system and the scope of work for each specialty classification.

To whom permits may be issued to covering the scope of work for each specialty classification:

A homeowner complying with the provisions set forth in Chapter 444 HRS.

A person, firm, partnership, association or corporation holding a valid unexpired license and complying with the provisions set forth in Chapter 444 HRS for the scope of work covered by the permit.

(26)

Amending Section 105.5 Expiration. Section 105.5 is amended to read:

105.5 Expiration. Every permit issued by the building official under the provisions of this Code shall expire by limitation and become null and void, if the building or work authorized by such permit is not commenced within 180 days from the date of such permit, or if the construction or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days.

Where a permit has expired, been suspended or abandoned, a new permit shall be first obtained by the permittee, his agent, or his successor in interest, and a new permit fee equal to one-half the amount established from Table No. 1-A of this Code rounded off to the nearest dollar, based on the original valuation of such permit shall be paid, provided no changes have been made or will be made to the original plans and specifications for such work; and provided, further, that such permit has not exceeded a period of one year from the date of permit issuance or the date of suspension or abandonment of work authorized, whichever is later.

Any permittee, his agent or his successor in interest holding an unexpired permit, who is unable to commence work, may apply for an extension. Upon written request by the permittee, the building official may, in writing, extend the permit for a period of 180 days, however, in the event of strikes or other causes beyond the control of the building contractor or permittee, the building official may extend the permit for the duration of the event. No permit shall be extended more than once.

For building permits issued prior to July 1, 1984, the building official shall not activate and reissue a permit. If a permittee, his agent, or his successor in interest, desires to have the permitted building certified that it was done in compliance with all County of Kaua'i or State of Hawai'i laws, codes and ordinances at the time the original permit was issued, and that the building does not violate any laws, codes and ordinances, he may hire a duly registered licensed structural engineer or architect as required by Chapter 464, Hawai'i Revised Statutes, as amended, to provide such certification.

Exception: The building official may activate and reissue an expired permit for the purpose of continuing the permitted work or to secure all inspections required by this Code, the Electrical or Plumbing Codes, when the permittee complies with the following conditions:

For permits issued after July 1, 1984, the permittee, his agent, or his successor in interest shall submit a request to Building Division to renew plans originally submitted electronically. Permits originally submitted on paper have the option of renewing with a minimum of three (3) copies of the original approved plans. In the event the approved plans are not available, the permittee shall submit plans prepared, approved and stamped by a duly registered licensed structural engineer or architect as required by Chapter 464, Hawai'i Revised Statutes, as amended, certifying to the building official that the plans are the same as the original approved plans and complies to all County of Kaua'i or State of Hawai'i laws, codes, and ordinances at the time the permit was issued.

All work that was started on an expired permit and completed according to the approved plans prior to the reissuance of such permit shall remain valid under the Code it was issued. Any new work shall conform to the current Code. The building official may waive the requirement for submitting plans if the original is on file.

When a permit is activated and reissued, a permit fee therefore shall be required as provided in this Section.

(27)

Amending Section 105.7 Placement of permit. Section 105.7 is amended to read:

Work requiring a permit shall not commence until the permit card is conspicuously posted on the building or structure where the work is to be done to allow the building official to conveniently make the required entries regarding inspection of the work. This permit card shall be posted, maintained and made available by the permit holder until final inspection has been completed by the building official.

(28)

Adding Section 105.8 Transferability of permit. Section 105.8 is added to read:

105.8 Transferability of permit. Any assignment and/or transfer of any substantial interest in any permit shall be subject to the approval and consent of the Department of Public Works. Such approval and consent shall not be unreasonably withheld provided that the assignee and/or transferee agrees in writing to the following:

To comply with the plans and specifications upon which the permit was issued in the absence of any subsequent amendments to any applicable existing laws and ordinances as indicated in (2) below; or

To comply with the terms and provisions of any subsequent amendments to the Comprehensive Zoning Code, Building Code, as well as all relevant laws, ordinances, and rules and regulations which would affect either the development's height, floor area, lot coverage, fire safety and/or land use.

The stricter requirements prescribed in subsection (2) hereinabove shall not be applicable in situations where the permit holder can offer documented evidence to the building official that the permit holder has made, in good faith, a substantial and material change in position in reliance upon the issuance of the permit.

Upon approval by the building official, Building Division shall issue a transferability permit and receive payment of the required non-refundable transfer fee of fifty dollars ($50.00).

(29)

Amending Section 106.1 Live loads posted. Section 106.1 is amended to read:

106.1 Live loads posted. In commercial or industrial buildings, for each floor or portion thereof designed for live loads 100 psf (4.80 kN/m²), such design live loads shall be conspicuously posted by the owner or owner's authorized agent in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices.

(30)

Amending Section 107.1 General. Section 107.1 is amended to read:

107.1 General. Submittal documents consisting of construction documents, statement of special inspections, and other data shall be submitted with each permit application. All plans and specifications relating to work which affects the public safety or health and for which a building permit is required shall be prepared, designed, approved and stamped by a registered professional licensed as required by Chapter 464 of the Hawai'i Revised Statutes, as amended. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. Procedures for plan submission shall comply with Policy and Standard Operating Procedure BU007 BUILDING PERMIT PROCESSING POLICY.

All plans for retaining walls five (5) feet or more in height shall be prepared, designed, approved and stamped by a duly registered licensed architect or engineer in the structural or civil branches.

Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code.

(31)

Amending Section 107.2 Construction documents. Section 107.2 is amended to read:

107.2 Construction documents. Construction documents shall be in accordance with Sections 107.2.1 through 107.2.7.

(32)

Amending Section 107.2.1 Information on construction documents. Section 107.2.1 is amended to read:

107.2.1 Information on construction documents. Construction documents shall be dimensioned and drawn to scale on suitable material. Electronic media documents are permitted to be submitted where approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official.

The plans are graphic representations of the building or structure. Plans, building sections and detail drawings shall be provided and drawn to scale. Building section and detail drawings need to be of an adequate scale to clearly show details. A complete set of plans shall include the minimum drawings:

1.	Plot or site plan.
2.	Floor plan.
3.	Foundation plan.
4.	Framing plans:
	• Floor framing plan.
	• Roof framing plan with roof truss details.
5.	Elevation plans:
	• Exterior elevations of the building.
	• Interior elevations of kitchen, bathroom, and laundry area.
6.	Building cross sections and section details along with door and window schedules.
7.	Electrical and mechanical/HVAC plans.
Solar system permits require the following minimum plans:
1.	Plot or site plan.
2.	Equipment specifications.
3.	Information as listed on the "Plan Review Checklist for Photovoltaic System Installation" handout.
4.	Commercial plans shall be stamped and signed by a registered design professional.

(33)

Deleting Section 107.2.6.1 Design flood elevations. Section 107.2.6.1 is deleted in its entirety.

(34)

Deleting Section 107.2.8 Relocatable buildings. Section 107.2.8 is deleted in its entirety.

(35)

Amending Section 107.3 Examination of documents. Section 107.3 is amended to read:

The building official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. The jurisdiction is limited to nonstructural plan review.

(36)

Amending Section 107.3.1 Approval of construction documents. Section 107.3.1 is amended to read:

107.3.1 Approval of construction documents. The application, plans and specifications filed by an applicant for a permit shall be checked by the building official. Such plans shall be reviewed by other departments of the County to check for compliance with laws and ordinances under their jurisdiction. If the work described in an application for permit, and the plans filed therewith, conform to the requirements of this code and other pertinent laws and ordinances, and the fee specified in Section 109 has been paid, the building official shall issue a permit to the owner; provided, however, that no permit shall be granted for the moving of any building or structure or portion thereof which has deteriorated or been damaged to an extent greater than 50 percent of the cost of replacement (new) of such building or structure.

When the building official issues the permit, an official stamp of approval shall be affixed to the specifications and each sheet of the plans. Such approved plans and specifications shall not be changed, modified, or altered without authorization from the building official and other agencies granting approval, and all work shall be done in accordance with the approved plans. The building permit shall be posted in a conspicuous place on the site during the progress of work.

A fee of ten dollars ($10.00) shall be imposed and collected for the reproduction of any building, electrical, plumbing, or sign permit cards, for which a permit was issued by the building official.

Solar Permits. The issuance of solar permits shall cover the building, electrical and plumbing code requirements pertinent to the solar energy systems and the scope of work for each specialty classification.

To whom permits may be issued covering the scope of work for each specialty classification:

A homeowner complying with the provisions set forth in Chapter 444, HRS.

A person, firm, partnership, association, or corporation holding a valid unexpired license and complying with the provisions set forth in Chapter 444, HRS for the scope of work covered by the permit.

The applicant shall provide the name of the licensed individual or firm who will perform the incidental specialty work covered by Chapter 448E, HRS.

(37)

Amending Section 107.3.4 Design professional in responsible charge. Section 107.3.4 is amended to read:

107.3.4 Design professional in responsible charge.

Where plans, specifications and documents must be prepared, designed, stamped, and approved by architects or engineers, and/or the architects or engineers act as duly registered professionals of record, the architect or engineer shall comply with and perform their duties according to the following:

Chapter 464, Hawai'i Revised Statutes, Professional Engineers, Architects, Surveyors and Landscape Architects, as amended.

Title 16, Chapter 115, Department of Commerce and Consumer Affairs, Hawai'i Administrative Rules Professional Engineers, Architects, Surveyors, and Landscape Architects, State of Hawai'i, as amended.

If the circumstances require, the owner may designate a substitute design professional in responsible charge who shall perform all or a portion of the duties of the registered design professional in responsible charge. The building official shall be notified in writing by the owner or the owner's authorized agent if the registered design professional in responsible charge is changed or is unable to continue to perform the duties.

The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building.

(38)

Amending Section 107.5 Retention of construction documents. Section 107.5 is amended to read:

107.5 Retention of construction documents. For paper plan submissions, one set of approved construction documents shall be retained by the building official as the official records, and one set of approved construction documents shall be returned to the applicant as the approved Job Site Copy. The Job Site Copy shall be kept on the site of the building or work area at all times during which the work authorized is thereby in progress.

For plans submitted electronically, one set of approved construction documents shall be printed on 24" x 36" paper by the permit holder and kept on the site of the building or work area at all times during which the work authorized is thereby in progress.

The official records under the jurisdiction of the building official shall be maintained as public records for the following:

Building, electrical, and plumbing permit applications for construction of all buildings and structures, which fall under this Code, shall be maintained for a period of seven (7) years.

Residential building plans for all residential buildings and structures within a residential area shall be maintained for a period of seven (7) years.

Commercial building plans for all commercial buildings within a commercial, industrial or resort area shall be maintained for a period of fifteen (15) years.

Records for plans and permits submitted and issued under electronic plan review shall be retained according to County policy.

(39)

Deleting SECTION 108 TEMPORARY STRUCTURES AND USES. Section 108 is deleted in its entirety.

(40)

Amending Section 109.2 Schedule of permit fees. Section 109.2 is amended to read:

109.2 Schedule of permit fees. When permits are required, a fee for each permit shall be paid in accordance with the schedule as established by the building official.

Exceptions:

The County of Kaua'i and its agencies and contractors, except for the Department of Water, thereof shall be exempt from the requirement of paying permit fees.

Housing projects or portions of housing projects that are developed to be affordable to low-income household as determined by the Housing Director or his authorized representative of the County Housing Agency shall be exempt provided such projects conform to applicable provisions of the County's affordable housing program.

Housing projects or portions of housing projects that are developed to be affordable to gap-group households as determined by the Housing Director or his authorized representative of the County Housing Agency shall be exempt from one-half of the Building Permit fee, rounded off to the nearest dollar, provided such projects conform to applicable provisions of the County's affordable housing program.

Additional Rental Units ("ARU") pursuant to Chapter 8, Article 30, Kaua'i County Code 1987, as amended, shall be exempt provided such ARU received certification from the Housing Agency that the ARU qualifies as affordable housing.

(41)

Adding Section 109.2.1 Permit fees. Section 109.2.1 is added to read:

109.2.1 Permit fees. The fee for each permit shall be as set forth in Table 1-A.

(42)

Amending Section 109.3 Building permit valuations. Section 109.3 is amended to read:

109.3 Building permit valuations. The building official shall make the determination of value or valuation under any provision of this code. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems, and any other permanent equipment. Final building permit valuation shall be set by the building official in Policy and Standard Operating Procedure BU006 BUILDING VALUATION POLICY.

(43)

Amending Section 109.4 Work commencing before permit issuance. Section 109.4 is amended to read:

109.4 Work commencing before permit issuance. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation may be made with the approval of the building official.

(44)

Adding Section 109.4.1 Fee. Section 109.4.1 is added to read:

109.4.1 Fee. An investigation fee, in addition to the permit fee, may be collected whether or not a permit is then subsequently issued. The investigation fee shall be equal to the amount of the permit fee fixed by Table 1-A for such work. However, in all such cases, there may be a minimum combined amount for investigation and permit fees of two hundred dollars ($200.00) for any such work commenced without a permit.

The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this Code, nor from any penalty prescribed by law.

(45)

Amending Section 109.5 Related fees. Section 109.5 is amended to read:

109.5 Building plan review fees. When a plan, specification, or other data is required to be submitted by Section 107, a plan review fee shall be paid at the time of submitting the plan, specification, or data for review. The plan review fees shall be fifteen percent (15%) of the building fees established from Table 1-A rounded off to the nearest dollar, based on a preliminary estimated valuation of work. Plan review fees shall be non-refundable.

After a building permit has been issued, if any new or revised plan, specification, or other data is submitted for review, an additional plan review fee, not greater than the original fee paid for the building plan review, may be charged. Additional plan review fees shall be non-refundable.

Pursuant to Hawai'i Revised Statutes Chapter 91, the County Engineer shall adopt rules to establish the fee for an additional plan review. The fee shall be reasonably proportionate to the review required by changes to the original submission of plan, specification, or data.

(A) There is hereby established and created a fund to be known as the "Plan Review, Permit Processing, and Inspection Revolving Fund." When a plan review fee or additional plan review fee is paid, the fee payment shall be deposited to the Fund. The fees collected pursuant to this subsection are hereby deemed appropriated upon receipt. Any balance remaining in the Fund at the end of any fiscal year shall not lapse but shall remain in the Fund accumulating from year to year. Fund moneys may be expended for the hiring of employees, or contracting with contractors, to assist in plan checking, permit processing, inspections, and code enforcement. Fund moneys may also be expended for training, materials, supplies, and equipment that facilitate plan review and code enforcement, and for payment of overtime costs for plan checking, permit processing, inspections and code enforcement. The Building Code Development and Enforcement Manager shall manage how Fund moneys are expended, subject to approval of the County Engineer.

Exceptions:

The County of Kaua'i and its agencies and contractors, except for the Department of Water, thereof shall be exempt from the requirement of paying plan review fees.

(46)

Adding Section 109.5.1 Expiration of building plan review. Section 109.5.1 is added to read:

109.5.1 Expiration of building plan review. Applications for which plan review fees have been paid and for which no permit is issued within 365 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

(47)

Amending Section 109.6 Refunds. Section 109.6 is amended to read:

109.6 Fee refunds. The building official shall refund an amount equal to fifty percent (50%) of the permit fee paid under the provisions of Section 109 where a permittee, due to a material change in circumstances or financial difficulties, is unable to commence work authorized by the permit issued therefore. A request for refund shall be made in writing and reviewed by the building official on a case-by-case basis no later than fifteen (15) days after the expiration date of such permit; and provided further that where the building official has extended the expiration date of the original permit pursuant to Section 105.5, application for refund shall be made not later than fifteen (15) days after the new expiration date.

Where more than one permit has been erroneously procured by the permittee and/or his agent for the same construction of work, the building official shall approve one permit and refund the total amount of fees paid for the other permits upon the surrender thereof; provided that no refund shall be made on any permit which has been surrendered after 180 days from the issuance of such permit, or where the amount to be refunded is less than twenty dollars ($20.00).

Notwithstanding the foregoing provisions, no refund shall be made in any case where a new permit has been obtained under the provisions of Section 105.5, for recommencing the same work, or where the amount to be refunded is less than twenty dollars ($20.00). All permits upon which refunds have been made in accordance with the foregoing shall thereafter be null and void.

(48)

Amending Section 110.1 General. Section 110.1 is amended to read:

110.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain visible and able to be accessed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the owner or the owner's authorized agent to cause the work to remain visible and able to be accessed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.

Any inspections required by the building official shall be solely for the purpose of ascertaining compliance with the plans, specifications and code requirement as they relate to the structural integrity of the building and as they relate to health and safety. The inspections shall not be for the purpose of validating the workmanship of the building; such validation, if desired, shall be the responsibility of the building's owner and shall be done by a special inspector, hired and paid for by the builder, owner or respective party.

A survey of the lot may be required by the building official to verify that the structure is located in accordance with the approved plans.

(49)

Adding Section 110.1.1 Inspection of solar installations. Section 110.1.1 is added to read:

110.1.1 Inspection of solar installations. Work for which a permit is required shall be subject to inspections by the building official. Requests for inspection shall be in accordance with the requirements set forth in this code. All inspection requests for incidental specialty work shall be requested by the licensed individual performing the work and in accordance with the requirements set forth in the Electrical or Plumbing Codes.

(50)

Amending Section 110.3 Required inspections. Section 110.3 is amended to read:

110.3 Required inspections. The building official, upon notification from the holder of the building permit or their duly authorized agent, shall make the following inspections set forth in Sections 110.3.1 through 110.3.11 and shall either approve that portion of the construction as completed or shall notify the holder of the building permit or duly authorized agent if the same fails to comply.

(51)

Amending Section 110.3.3 Lowest floor elevation. Section 110.3.3 is amended to read:

In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in Section 1612.4 shall be submitted to the Flood Engineer in accordance with Chapter 15, Article 1, Floodplain Management, Kaua'i County Code 1987, as amended.

(52)

Adding Section 110.3.3.1 Complete load path and uplift ties inspection. Section 110.3.3.1 is added to read:

110.3.3.1 Complete load path and uplift ties inspection. This inspection is required after tie straps, approved framing anchors or mechanical fasteners are installed and prior to any concealment by sheathing.

(53)

Amending Section 110.3.5 Lath, gypsum board and gypsum panel product inspection. Section 110.3.5 is amended to read:

110.3.5 Lath, gypsum board and gypsum panel product inspection. Lath, gypsum board and gypsum panel product inspections shall be made after lathing, gypsum board and gypsum panel products, interior and exterior, are in place but before any plastering is applied or gypsum board and gypsum panel product joints and fasteners are taped and finished.

(54)

Amending Section 110.3.9 Other inspections. Section 110.3.9 is amended to read:

110.3.9 Other inspections. In addition to the inspections specified in Sections 110.3.1 through 110.3.8, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of the code and other laws that are enforced by the code enforcement agency.

(55)

Amending Section 110.3.11.1 Flood hazard documentation. Section 110.3.11.1 is amended to read:

110.3.11.1 Flood hazard documentation. If located in a flood hazard area, documentation of the elevation of the lowest floor as required in Section 1612.4 shall be submitted to the Flood Engineer in accordance with Chapter 15, Article 1, Floodplain Management prior to the final inspection.

(56)

Amending Section 110.5 Inspection requests. Section 110.5 is amended to read:

110.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code.

The building official may require that every request for inspection be filed at least two (2) working days before the day for which inspection is requested. The request may be communicated in writing, via email or by telephone at the option of the building official.

The permittee may authorize representatives to undertake the management of notification for inspections. Duly authorized representatives shall be authorized in writing by the person granting authorization.

(57)

Adding Section 110.7 Reinspections. Section 110.7 is added to read:

110.7 Reinspections. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made.

This section is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection.

Reinspection fees may be assessed when the building permit card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the building official.

To obtain reinspection, the applicant shall file an application thereof in writing on a form furnished by the building official and pay the reinspection fee of fifty dollars ($50.00) for each additional inspection.

In an instance where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

(58)

Amending Section 111.1 Change of occupancy. Section 111.1 is amended to read:

111.1 Use and occupancy. A building or structure shall not be used or occupied, and a change of occupancy of a building or structure or portion thereof shall not be made, until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.

Exceptions:
1.	Certificates of occupancy are not required for work exempt from permits in accordance with Section 105.2.
2.	Certificates of occupancy are not required for Group U occupancies.
3.	The building official will have the discretion to issue a certificate of inspection in place of a certificate of occupancy.

(59)

Deleting SECTION 112 SERVICE UTILITIES. SECTION 112 is deleted in its entirety.

(60)

Amending SECTION 113 BOARD OF APPEALS. SECTION 113 is amended to read:

SECTION 113

BOARD OF APPEALS

113.1 Creation. There shall be and is hereby created a Board of Appeals, hereinafter called the Board, consisting of seven members who shall be qualified by experience and training to pass upon matters pertaining to building construction and fire safety and who shall be appointed by the Mayor with the approval of the County Council. One member shall be currently registered as an engineer or architect with the State of Hawai'i Board of Registration of Professional Engineers, Architects and Land Surveyors and Landscape Architects. Two members shall be qualified by experience or training to pass upon matters pertaining to fire safety.

One member shall be qualified by experience and training to pass upon matters pertaining to electrical work. One member shall be qualified by experience and training to pass upon matters pertaining to plumbing work. One member shall be qualified by experience and training to pass upon matters pertaining to building construction work. One member shall be from the public at large. The Board shall select a chairperson and vice chairperson annually.

113.2 Term of office. The members of the Board of Appeals shall serve for staggered terms of three (3) years and until their successors are appointed. However, no holdover term shall extend beyond ninety (90) days.

113.3 Limitation on number of terms. No member of the Board of Appeals shall serve for more than two (2) consecutive terms. Any partial term of more than two (2) years shall be considered a term as used herein.

113.4 Quorum. A majority of the entire membership shall constitute a quorum and the affirmative vote of a majority of the entire membership shall be necessary to take any action.

113.5 Powers and duties. The Board shall:

(a)

Hear and determine appeals from the decisions of the building official in the administration of the County of Kaua'i Building Code, Electrical Code, Plumbing Code, and Sign Ordinance involving any denial of the use of new or alternate materials, types of construction, equipment, devices or appliances.

In the case of any denial of the use of new or alternate materials, types of construction, equipment, devices or appliances, an appeal may be sustained if the record shows:

(I)

that such new or alternate materials, types of construction, equipment, devices or appliances meet the required standards established by the Codes being appealed from;

(II)

that permitting the use thereof will not jeopardize life, limb or property; and

(III)

that such use will not be contrary to the intent and purpose of the Code being appealed from. In such appeals, the appellant shall pay all expenses necessary for tests which may be ordered by the Board.

The Board may reverse, affirm or modify, wholly or partly the decision appealed from.

(b)

Hear and determine appeals from the decision of the Fire Official in the administration of the County of Kaua'i Fire Code; and any denial in the use of new or alternate materials, types of construction, equipment, devices, or appliances.

The criteria for the use of new or alternate materials, types of construction, equipment, devices, or appliance shall be the same as for (a) above.

(c)

Hear and determine petitions for varying the application of the Building Code, Electrical Code, Plumbing Code, and Sign Ordinance. A variance may be granted if the Board finds:

(I)

that the strict application, operation or enforcement of the Code being appealed from would result in practical difficulty or unnecessary hardship;

(II)

that safety to life, limb, and property will not be jeopardized; and

(III)

that the granting of variance would not be injurious to any adjoining lot and any building thereon, would not create additional fire hazards, and would not be contrary to the purpose of the Code and the public interest. In making its determination, the Board shall take into account the character, use and type of occupancy and construction of an adjoining lot and any building involved.

113.6 Procedure. The proceedings of the Board shall be subject to the provisions of Chapter 91, Hawai‘i Revised Statutes, as amended. The Board shall adopt rules and regulations for conducting its meetings, hearings, and investigations in conformity therewith and may impose fees to cover the costs of such proceedings.

(61)

Amending SECTION 114 VIOLATIONS. SECTION 114 is amended to read:

SECTION 114

VIOLATIONS AND PENALTIES

114.1 Violations. Whenever any building is being used or constructed contrary to the provisions of this code, the building official shall serve a notice to the party responsible for the violation to make the structure or portions thereof comply with the requirements of this Code.

114.2 Penalties.

(a)

General. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure or cause or permit the same to be done in violation of this code.

(b)

Notice of violation. Whenever any person, firm or corporation violates any provision of this code, the building official shall serve a notice of violation to the party responsible for the violation to make the building or structure or portion thereof comply with the requirements of this code. Such notice of violation shall include:

(1)

The date of the notice;

(2)

The name and address of the person noticed, and the location of the violation;

(3)

The section number of the ordinance, code or rule which has been violated;

(4)

The nature of the violation; and

(5)

The deadline for compliance with this notice.

The notice of violation may be served in person or by registered or certified mail or in any other manner provided by law

(c)

Criminal prosecution.

(1)

Any person, firm, or corporation violating any of the provisions of this code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued, or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than $2,000.00, or by imprisonment for not more than one (1) year, or by both such fine and imprisonment.

It shall be a misdemeanor for any person, firm or corporation as defined herein to knowingly allow or knowingly fail to prevent a violation of this code.

(2)

Any officer, or authorized representative designated by the building official, may issue a summons or citation in accordance with the procedure specified in this Section. Nothing in this Section shall be construed as barring such authorized representative from initiating prosecution by warrant or such other judicial process as is permitted by statute or rule of court.

(3)

Any authorized representative designated by the building official, upon making an arrest for a violation of the building code, may take the name and address of the alleged violator and shall issue to the violator in writing a summons or citation hereinafter described, requiring the violator to answer the complaint at a place and at a time provided in said summons or citation.

(4)

There shall be provided for use by authorized representative, a form of summons or citation for use in citing violators of the building code, which does not mandate the physical arrest of such violators. The form and content of such summons or citation shall be as adopted or prescribed by the administrative judge of the district court and shall be printed on a form commensurate with the form of other summonses or citations used in modern methods of criminal prosecution, so designed to include all necessary information to make the same valid within the laws and regulations of the State of Hawai'i and the County of Kaua'i.

(5)

In every case when a citation is issued, the original of the same shall be given to the violator; if the administrative judge of the district court may prescribe that the violator be given a copy of the citation and provide for the disposition of the original and any other copies.

(d)

Administrative enforcement. In lieu of or in addition to, pursuant to Section 114.2(c), if the building official determines that any person, firm or corporation is not complying with a notice of violation, the building official may have the party responsible for the violation served, by mail or delivery, with an order pursuant to this Section.

(1)

Contents of the order. The order may require the party responsible for the violation to do any or all of the following:

(A)

Correct the violation within the time specified in the order;

(B)

Pay a civil fine not to exceed $1,000.00 in the manner, at the place and before the date specified in the order;

(C)

Pay a civil fine not to exceed $1,000.00 per day for each day in which the violation persists, in the manner and at the time and place specified in the order.

(D)

The fine for each order shall be set forth in Table 1-B.

(2)

The order shall advise the party responsible for the violation that the order shall become final thirty (30) days after the date of the delivery. The order shall also advise that the building official's action may be appealed to the Board of Appeals.

(3)

Effect of order; right to appeal. The provisions of the order issued by the building official under this Section shall become final thirty (30) calendar days after the date of the delivery of the order. The party responsible for the violation may appeal the order to the Board of Appeals as provided by Section 113 of this code. The appeal must be received in writing on or before the date the order becomes final. However, an appeal to the Board of Appeals shall not stay any provision of the order.

(4)

Judicial enforcement of order. The building official may institute a civil action in any court of competent jurisdiction for the enforcement of any order issued pursuant to this Section. Where the civil action has been instituted to enforce the civil fine imposed by said order, the building official need only show that the notice of violation and order were served, that a civil fine was imposed; the amount of the civil fine imposed has not been paid; that either the order has not been appealed or that, if appealed, the order was sustained by the Board of Appeals, and that the order or the Board of Appeals decision, as the case may be, was not clearly erroneous.

(62)

Amending Section 116.1 Conditions. Section 116.1 is amended to read:

116.1 Conditions. All buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, or abandonment, as specified in this code or any other effective ordinance are, for the purpose of this Section, unsafe buildings. All such unsafe buildings are hereby declared public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with this Section.

(63)

Amending Section 116.3 Notice. Section 116.3 is amended to read:

116.3 Notice to owner. The building official shall examine or cause to be examined every structure or equipment or portion thereof reported as dangerous or damaged and, if such is found to be an unsafe structure or equipment as defined in this Section, the building official shall give to the owner, agent or person in control of the structure or equipment a written notice stating the defects thereof. This notice may require the owner or person in charge of the structure or premises, within sixty (60) days to secure all required permits, to commence either the required repairs or improvements or demolition and removal of the structure or equipment or portions thereof, and all such work shall be completed within 180 days from date of permit issuance, unless otherwise required by the building official. If necessary, such notice also shall require the structure, equipment or portion thereof to be vacated forthwith and not reoccupied until the required repairs and improvements are completed, inspected, and approved by the building official.

Any building or structure declared to be an unsafe building and constitute an immediate danger to the life, limb, property or safety of the public or occupants of such building, within 48 hours it shall be vacated, secured and maintained against any entry by the owner or person in charge of such building, structure or premises.

Proper service of such notice shall be by personal service, registered mail or certified mail upon the owner of record, provided, that if such notice is by registered mail or certified mail, the designated period within which said owner or person in charge is required to comply with the order of the building official shall begin as of the date he receives such notice.

(64)

Adding Section 116.3.1 Posting of signs. Section 116.3.1 is added to read:

116.3.1 Posting of signs. The building official shall cause to be posted at each entrance to structures ordered vacated a notice to read: DO NOT ENTER UNSAFE TO OCCUPY, BUILDING DIVISION, DEPARTMENT OF PUBLIC WORKS, COUNTY OF KAUA'I. Such notice shall remain posted until the required repairs, demolition, or removals are completed. Such notice shall not be removed without written permission of the building official and no person shall enter the structure except for the purpose of making the required repairs or of demolishing the structure.

(65)

Adding Section 116.4.1 Action upon noncompliance. Section 116.4.1 is added to read:

116.4.1 Action upon noncompliance. In case the owner shall fail, neglect, or refuse to comply with the notice to repair, rehabilitate, or to demolish and remove said structure or equipment or portion thereof, the building official may order the owner of the structure or equipment prosecuted as a violator of the provisions of this code.

Nothing contained herein shall be construed to limit or restrict the building official 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 said structure or equipment or portion thereof, and to recover the cost of such work from the owner or attach a lien to the property.

(66)

Adding TABLE 1-A BUILDING PERMIT FEES. TABLE 1-A is added to read:

The fees for the issuance of building permits shall be computed in accordance with the following schedule:

Total Estimated Valuation of Work	Fee to Be Charged
$1 to $500	$15.00
$501 to $2,000	$15.00 for the first $500.00 plus $2.00 for each additional $100.00 or fraction thereof, to and including $2,000.00.
$2,001 to $25,000	$45.00 for the first $2,000.00 plus $8.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00.
$25,001 to $50,000	$229.00 for the first $25,000.00 plus $7.00 for each additional $1,000.00 or fraction thereof, to and including $50,000.00.
$50,001 to $100,000	$404.00 for the first $50,000.00 plus $6.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00.
$100,001 to $1,000,000	$704.00 for the first $100,000.00 plus $5.00 for each additional $1,000.00 or fraction thereof to and including $1,000,000.00.
$1,000,001 to $25,000,000	$5,204.00 for the first $1,000,000.00 plus $4.00 for each additional $1,000.00 or fraction thereof to and including $25,000,000.00.
$25,000,001 to $50,000,000	$101,204.00 for the first $25,000,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof to and including $50,000,000.00.
$50,000,000 & up	$176,204 for the first $50,000,000.00 plus $2.00 for each additional $1,000.00 or fraction thereof.

After-the-fact permits. Building permit fees and plan review fees will be double the computed amount for after-the-fact permits.

Solar energy system fees. A building plan review fee of fifteen (15) percent of the established building permit fee, rounded off to the nearest dollar, shall be paid at the time of submittal of plans and specifications for review. The permit fees for the issuance of a solar energy system permit which covers the building, electrical and plumbing code requirements shall be one hundred dollars ($100.00) for one- and two-family dwellings and five hundred dollars ($500.00) for all other buildings and structures.

(67)

Adding TABLE 1-B VIOLATIONS AND PENALTIES. TABLE 1-B is added to read:

VIOLATION	NO. OF DAYS TO CORRECT VIOLATION	AMOUNT OF INITIAL FINE	NO. OF DAYS AFTER NOTICE OR ORDER BEFORE DAILY FINES ARE TO BE ASSESSED	AMOUNT OF DAILY FINES
1.a. Building w/o a building permit	30 30 30 30	Footnote 1 Footnote 1 Footnote 1 Footnote 1	30 0 30 30	Footnote 1 Footnote 1 Footnote 1 Footnote 1
b. Occupying the building w/o a certificate of occupancy
c. Demolition w/o a building permit
d. Relocation of a building w/o a relocation permit
2. Not complying with stop work order	Immediately	Footnote 1	0	Footnote 1
3. Change in use of the building or space w/o a building permit and/or certificate of occupancy	30	100	30	100
4. Construction not following approved plans	30	100	30	100
5. Safety hazards; examples: exits, hazardous occupancies, fire alarm, fire sprinkler, standpipe system, protection of pedestrians during construction or demolition, safety glazing, barb wire, swimming pool enclosure, etc.	Immediately	100	0	100
6. Unsafe structures and equipment IBC Section 116	30 30	50 100	30 30	50 100
a. Minor violation
b. Major violation
7. Building code violations with a building permit	30 30	100 200		100 200
a. Minor violation
b. Major violation
8. Recurring violation	3	Double of previous fees up to $2,000	30	Double of previous fees up to $2,000
Footnote 1. Based on total estimated valuation rounded to the nearest dollar:	100 200 300 500 700 1000 1500 2000			100 200 300 500 700 1000 1500 2000
Up to $99,999
100,000 — 499,999
500,000 — 999,999
1,000,000 — 9,999,999
10,000,000 — 24,999,999
25,000,000 — 49,999,999
50,000,000 — 99,999,999
100,000,000 and over

(68)

Amending SECTION 202 DEFINITIONS. Section 202 is amended to read:

The definition of "AFTER-THE-FACT PERMIT" is added to read:

AFTER THE FACT PERMIT. In instances where work that requires a permit has been completed without such, this type of permit may be used to gain acceptance of the "as-built" or after-the-fact" work.

The definition of "ASSISTANTS" is added to read:

ASSISTANTS. When the term "assistants" is used in this code, it shall be construed to mean the authorized representatives of the building official.

The definition of "ASSISTED LIVING FACILITIES" is added to read:

ASSISTED LIVING FACILITIES. A building or part thereof housing persons, on a 24-hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment which provides personal care services and are licensed by the State of Hawai'i.

The definition of "AUTHORIZED REPRESENTATIVES" is added to read:

AUTHORIZED REPRESENTATIVES. When the term "Authorized Representatives" is used in this code, it means all building plans examiners, building inspectors and their supervisors designated as subordinate officers to the building official in enforcement of this code.

The definition of "BUILDING" is amended to read:

[A] BUILDING. A building is any structure used or intended for supporting 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 moveable and which does not exceed twenty-five (25) square feet in area, nor shall the term include a recreational trailer or trailer or vehicle, used exclusively for the purpose of selling any commercial product there from, which holds a vehicle license and actually travels on public or private streets.

The definition of "BUILDING, EXISTING" is added to read:

BUILDING, EXISTING is a building for which legal building permits have been issued, or one which complied with the Building Code in effect at the time the building was erected.

The definition of "BUILDING CODE DEVELOPMENT AND ENFORCEMENT MANAGER" is added to read:

BUILDING CODE DEVELOPMENT AND ENFORCEMENT MANAGER means the personnel who plans, organizes, implements, monitors, measures, improves, and administers the building code enforcement program for the Department of Public Works, County of Kaua'i, under the general direction of the County Engineer.

The definition of "BUILDING OFFICIAL" is amended to read:

BUILDING OFFICIAL means the County Engineer or his authorized representative.

The definition of "CARPORT" is added to read:

CARPORT. Carport is a private garage, which is at least one hundred percent (100%) open on one side and with fifty percent (50%) 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 one hundred percent (100%) open on one side and twenty-five percent (25%) 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.

The definition of "COUNTY" is added to read:

COUNTY means the County of Kaua'i.

The definition of "COUNTY COUNCIL" is added to read:

COUNTY COUNCIL means the Council of the County of Kaua'i.

The definition of "DANGEROUS" is amended to read:

DANGEROUS. Any building, structure or portion thereof that meets any of the conditions described below shall be deemed dangerous:
1.	The building or structure has collapsed, has partially collapsed, has moved off its foundation, or lacks the necessary support of the ground.
2.	There exists a significant risk of collapse, detachment, or dislodgement of any portion of the building or structure under service loads, or under snow, wind, rain, flood, earthquake, or other environmental loads.

The definition of "FAMILY" is added to read:

FAMILY. Family shall be defined in the Comprehensive Zoning Ordinance of the County except than an adult residential care home, a special treatment facility, or other similar facility shall be limited to five persons in order to be considered under this code.

The definitions of "FIRE CHIEF" and "FIRE OFFICIAL" are added to read:

FIRE CHIEF and FIRE OFFICIAL may be used synonymously and means the Chief of the Fire Department of this County or their regularly authorized representative.

The definition of "FIRE CODE" is added to read:

FIRE CODE means the Fire Code of the County of Kaua'i.

The definition of "HISTORIC BUILDINGS" is amended to read:

HISTORIC BUILDINGS are buildings or structures officially listed on the State of Hawai'i or National Register of Historic Places.

The definition of "IBC" is added to read:

IBC means the International Building Code, 2018 edition as published by the International Code Council and adopted by the County of Kaua'i.

The definition of "ICC" is added to read:

ICC means the International Code Council.

The definition of "IEBC" is added to read:

IEBC means the International Existing Building Code, 2018 edition as published by the International Code Council and adopted by the County of Kaua'i.

The definition of "IECC" is added to read:

IECC means the International Energy Conservation Code, 2018 edition as published by the International Code Council and adopted by the County of Kaua'i.

The definition of "IRC" is added to read:

IRC means the International Residential Code, 2018 edition as published by the International Code Council and adopted by the County of Kaua'i.

The definition of "PERSON" is amended to read:

PERSON. Any individual, firm, partnership, association, corporation, or utility company shall include each and every owner of any whole or fractional interest in the property concerned, whether in fee, any lesser freehold or tenancy at will.

The definition of "PERSONAL CARE SERVICE" is amended to read:

PERSONAL CARE SERVICE. The care of residents who do not require chronic or convalescent, health, medical, or nursing care. Personal care involves responsibility for the safety of the resident while inside the building. The types of facilities providing personal care services shall include, but not be limited to the following: assisted living facilities, residential care facilities, halfway houses, group homes, congregate care facilities, social rehabilitation facilities, alcohol and drug abuse centers, and convalescent facilities.

The definition of "SOLAR ENERGY COLLECTORS" is added to read:

SOLAR ENERGY COLLECTORS. A collecting device or array panel used to absorb energy from the sun.

The definition of "SOLAR ENERGY SYSTEM" is added to read:

SOLAR ENERGY SYSTEM. Any configuration of equipment and components used to collect, convey, store, and convert the sun's energy for a purpose.

The definition of "SOLAR PHOTOVOLTAIC POWER SYSTEM" is added to read:

SOLAR PHOTOVOLTAIC POWER SYSTEM. All components and subsystems that, in combination, collect, convey, store, and convert the sun's energy into electrical energy suitable for connection to a utilization load.

The definition of "SOLAR WATER HEATING SYSTEM" is added to read:

SOLAR WATER HEATING SYSTEM. Any configuration of equipment and components assembled to collect, convey, store, and convert the sun's energy primarily to supply hot water.

The definition of "STATE" is added to read:

STATE means the State of Hawai'i.

The definition of "STRUCTURAL OBSERVATION" is amended to read:

[BS] STRUCTURAL OBSERVATION. The visual observation of the structural system by a registered design professional for general conformance to the approved construction documents. Structural observation is equivalent to "observation of construction" of the structural system, as defined in Hawai'i Administrative Rules Chapter 16-115, implementing Hawa'i Revised Statutes Chapter 464. Structural observation does not include or waive the responsibility for the inspection required by Section 1705 or other sections of this code.

The definition of "WINDBORNE DEBRIS REGION" is amended to read:

WINDBORNE DEBRIS REGION. Areas in Hawai'i where the basic design wind speed is 130 mph (63 m/s) or greater. For Risk Category II buildings and structures, the windborne debris region shall be based on Figure 26.5-2B of ASCE 7. For Risk Category III buildings and structures, the windborne debris region shall be based on Figure 26.5-2C of ASCE 7. For Risk Category IV buildings, the windborne debris region shall be based on Figure 26.5-2D of ASCE 7.

(Ord. 1163, October 10, 2024)