(a) 
These provisions are applicable to the design, construction, installation and transportation of factory-built housing, structure or trailer home within the County of Kaua'i. Unless otherwise specified in this Article, these provisions shall be applicable only to factory-built housing, structure and trailer home which is sold or offered for sale.
(b) 
All provisions of the Building, Electrical, and Plumbing Codes shall be applicable unless indicated otherwise in this Article.
(Ord. 1163, October 10, 2024)
The following terms are for specialized use within this Article:
"CERTIFICATE OF APPROVAL"
means a tag, stamp, label, or other device issued or approved by the Building Official to indicate compliance with the statutes and these rules.
"FACTORY-BUILT HOUSING"
means any structure or portion thereof which is designed for use as a building or dwelling; prefabricated or assembled at a place other than the building site; and capable of complying with the standards and requirements contained in Section 12-4.5.
"FACTORY-BUILT STRUCTURE"
means any structure or portion thereof which is: designed for use as a building other than a dwelling; prefabricated or assembled at a place other than the building site.
"INSTALLATION"
means the assembly of factory-built housing on site and the process of affixing factory built housing to land, a foundation, or an existing building.
"MANUFACTURE"
means the process of making, fabricating, constructing, forming, or assembling a product from raw, unfinished, or semi-finished materials to produce factory-built housing.
"RECREATIONAL TRAILER"
means a portable structure, used or designed for human habitation or occupancy and built on a chassis with wheels, which is capable of being licensed as a motor vehicle, a vehicle or a trailer pursuant to Hawai'i Revised Statutes Chapter 249 and transported on a highway, but which is unable, due to its size, design, construction, or other attributes, or portions thereof, to comply with the minimum standards and requirements applicable to dwellings or buildings, or portions thereof, contained in Section 12-4.5.
"SITE"
means the parcel of land on which factory-built housing is installed.
"TRAILER HOMES"
means factory-built housing which is capable of being licensed as a vehicle or trailer pursuant to Hawai'i Revised Statutes Chapter 249 and transported upon a highway.
(Ord. 1163, October 10, 2024)
No person shall install or relocate any factory-built housing, structure, or trailer home on any land within the County, or cause the foregoing to be done, without first obtaining a separate building permit from the Building Official for each such factory-built housing, structure, or trailer home.
(Ord. 1163, October 10, 2024)
A fee for each building permit shall be paid to the Building Official as provided in this code. The fee will be based on valuation of the factory-built house, structure, or trailer home in place and the value of all additions or alterations to be made, including the value of carports, fences, retaining walls, et cetera.
(Ord. 1163, October 10, 2024)
All factory-built housing, structures, and trailer homes for which a building permit is sought shall be subject to the following requirements:
(1) 
All provisions of Chapter 8 (Comprehensive Zoning Ordinance), Chapter 9 (Subdivision Ordinance), Chapter 12 (Building Code), Chapter 13 (Electrical Code), Chapter 14 (Plumbing Code), Chapter 15 (Building and Construction Regulations) and Chapter 15A (Fire Code) shall apply to the construction, installation and use of factory-built housing, structure, and trailer homes unless specifically excluded or amended by this Article.
(2) 
All factory-built housing, structure and trailer home shall be permanently affixed to the ground and shall have their wheels and axles, if any, removed.
(3) 
All factory-built housing, structure and trailer home shall conform to: the applicable standards and requirements of the Department of Health, State of Hawai'i, including Chapter 11 (Sanitation), Title 11, Administrative Rules of the Department of Health, as updated and amended; Chapter 62, Title 11, Administrative Rules of the Department of Health, as updated and amended, relating to individual wastewater systems and wastewater treatment works; the standards and specifications contained in the International Mechanical Code as updated and amended, published by the International Code Council, Incorporated; and the requirements of Chapter 464 of the Hawai'i Revised Statutes.
(4) 
All factory-built housing, structures, and trailer homes must have a certificate of approval as provided in this Article.
(5) 
Plans and specifications submitted for permitting shall follow the requirements as specified in Section 107 SUBMITTAL DOCUMENTS of the International Building Code as amended.
(Ord. 1163, October 10, 2024)
(a) 
No factory-built housing, structure and trailer home shall be used, or shall be sold or offered for sale for the purpose of installation or use, within this County as a dwelling, building or structure, unless it has received and bears a certificate of approval issued or approved by the Building Official.
(b) 
A certificate of approval shall be issued pursuant to Section 12-4.9 and shall be granted to all factory-built housing, structure and trailer home that meet the applicable requirements contained in Section 12-4.5.
(c) 
No factory-built housing, structure, or trailer home that has received a certificate of approval pursuant to Section 12-4.10 shall be modified in any way prior to or during installation or relocation unless approval of such modification is first made by the Building Official.
(1) 
Modifications made during the term of a pending building permit, prior to the final completion of all required construction, shall be subject to the requirements of Sections 105, 106, 107 and 109 of the International Building Code, as amended by this Chapter, including the payment of additional fees. Except as otherwise provided in this Chapter, such modifications shall not of themselves require the issuance of a new certificate of approval, pursuant to Section 12-4.10; provided, however, that the Building Official may charge for all costs resulting from the inspection and approval of such modifications.
(2) 
Modifications made after the expiration of a building permit, or after final completion of all required construction, shall require the issuance of a new building permit subject to the requirements of Sections 105, 106, 107 and 109 of the International Building Code, as amended by this Chapter. Except as otherwise provided in this Chapter, such modifications shall not of themselves require the issuance of a new certificate of approval pursuant to Section 12-4.10; provided, however, that the Building Official may charge for all costs resulting from the inspection and approval of such modifications.
(Ord. 1163, October 10, 2024)
(a) 
A certificate of approval fee is required and will be part of the building permit fee pursuant to Section 12-4.4. Fees shall be paid to the Building Official as follows:
(1) 
Certificate of approval fee is required for all models of factory-built housing, structure and trailer home constructed in accordance with plans and specifications and complying with the standards and requirements contained in this Article.
(2) 
In addition to the certificate of approval fee, the Building Official shall require, in accordance with Section 12-4.8 (2), that the person applying for the certificate of approval pay all costs incurred by the Building Official in making the inspection and determination required by Section 12-4.8(1).
(Ord. 1163, October 10, 2024)
(a) 
The Building Official shall issue no certificate of approval, pursuant to Section 12-4.10, unless the factory-built housing, structure or trailer home has first been inspected and determined to be in compliance with the requirements of Section 12-4.6(2). The Building Official may make such a determination by any of the following means:
(1) 
By making an actual inspection of the individual unit or trailer home;
(2) 
By accepting a similar inspection and determination from another jurisdiction. In such a case, the Building Official must first find that the standards for construction and inspection of factory-built housing, structure and trailer homes prescribed by the statutes, rules and regulations or ordinances of another jurisdiction are at least equal to the standards and requirements prescribed in this Article and that such standards and requirements are actually enforced by such other jurisdiction;
(3) 
By accepting a similar inspection and determination by the International Code Council or any other such professional organization approved by the Building Official. In such a case, the Building Official must first find that the standards for construction and inspection of the factory-built housing and trailer homes followed by the professional organization are at least equal to the standards and requirements prescribed in this Article.
(b) 
All costs incurred by the Building Official in making the inspection and determination required by Subsection (1) of this Section shall be paid by the person applying for the certificate of approval. Such payment shall be made to the Building Official prior to the issuance of any certificate of approval.
(Ord. 1163, October 10, 2024)
(a) 
No factory-built housing, structure and trailer home which exceeds the weight, width, height or length restrictions contained in Chapter 16 Kaua'i Traffic Code or Hawai'i Revised Statutes 291-34 and 291-35 shall be transported on any street or highway within this County unless permits have been obtained in accordance with Article 3 (Relocation of Buildings), Chapter 16 Kaua'i Traffic Code and Hawai'i Revised Statutes Section 291-36.
(b) 
No trailer home shall be transported on its wheels on any street or highway within this County unless it is licensed in accordance with Hawai'i Revised Statutes Chapter 249 and complies with all applicable provisions of Article 2, Chapter 5 (Motor Vehicle Weight Tax) Taxation and Financial Administration, Chapter 16 Kaua'i Traffic Code, Hawai'i Revised Statutes Chapters 286, 291, 291C and all other applicable County or State laws regulating the operation and licensing of vehicles and trailers.
(Ord. 1163, October 10, 2024)
(a) 
No factory-built housing, structure and trailer home which has been initially located on a lot in accordance with the provisions of this Article shall be relocated to another lot unless permits have been obtained in accordance with Section 12-4.3 and Article 3 (Relocation of Buildings).
(b) 
No factory-built housing, structure and trailer home shall be relocated pursuant to Subsection (1) of this Section unless found by the Building Official to be in conformance with the standards and requirements of Section 12-4.6 existing at the time of the requested relocation. If the factory-built housing, structure and trailer home no longer conforms to the then existing standards and requirements, then it shall not be relocated unless it is modified to meet such new standards and requirements.
(Ord. 1163, October 10, 2024)
For violations and penalties see Section 114 VIOLATIONS AND PENALTIES, Chapter 1, Administration, International Building Code as amended.
(Ord. 1163, October 10, 2024)