Bill Text: HI HB367 | 2025 | Regular Session | Introduced
Bill Title: Relating To Building Permits.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-01-21 - Referred to HSG, JHA, referral sheet 1 [HB367 Detail]
Download: Hawaii-2025-HB367-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
367 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO BUILDING PERMITS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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 a county
building permit:
(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 1,000 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)(1) or (a)(2),
an owner or occupier that intends to:
(1) Perform exempt
repairs and maintenance on any dwelling larger than 3,000 square feet or
structure larger than 5,000 square feet that has group A, B, E, F, H, I or M
occupancy under the International Building Code; or
(2) Install a
structure larger than 1,000 square feet with group U occupancy,
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 county, state, or federal floodplain management
development standards, ordinances, codes, statutes, rules, 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 occupant, 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 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
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 and other requirements of county, state, or
federal floodplain management development standards, ordinances, codes,
statutes, rules, 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, 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, 2026.
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INTRODUCED BY: |
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Report Title:
Building Permits; Exemptions
Description:
Allows for building permit exemptions for certain kinds of activities. Effective 1/1/2026.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
