WAI-16 Reso 23-237 RESOLUTION 23-237, REFERRING TO THE L?NA?I, MAUI, AND MOLOKAI PLANNING COMMISSION A PROPOSED BILL ON THE USE OF SHIPPING CONTAINERS AS INCIDENTAL STORAGE (WAI-16)
There is an existing section of code in Maui County Code that addresses emergency permitting. I am attaching and quoting it here. What is required by the building department is a modified application. WHY, after almost 6 months is this application not available?
https://library.municode.com/hi/county_of_maui/codes/code_of_ordinances?nodeId=TIT16BUCO_CH16.26BBUCO
QUOTEED FROM THE CODE:
105.2.1 Emergency reconstruction of dwellings and accessory structures.
A. Applicability. Any existing dwelling and its accessory structures that were legally erected and that have been damaged in a disaster or civil defense emergency, recognized by the governor pursuant to chapters 127 or 128, Hawaii Revised Statutes, can be repaired pursuant to this section. The provisions of this section shall remain in effect for a two-year period beginning from the day the governor proclaims the state of disaster or emergency, and shall apply to those areas of the county covered by the governor's proclamation.
B. Building permit application. The building official shall make available a modified building permit application specifically prepared for the issuance of permits under this section. The modified application may be approved without review from other county agencies or any state agency, except that repair of a non-conforming dwelling or structure shall be reviewed by the planning department. All other state and county agencies that regulate the repair of structures shall be responsible for enforcing their regulations independently upon issuance of the building permit.
C. Electrical and plumbing permits. The modified application may also be used for permits for electrical and plumbing work related to the repair work.
D. Construction drawings. An applicant for a modified permit shall submit construction drawings showing the location and scope of repair work, prepared by a registered design professional. The construction drawings shall be reviewed and approved by the building official. The records of the real property tax division of the department of finance shall be the basis for establishing the shape and size of structures prior to damage, provided that the structures were legally constructed.
E. Permit fees. The building official may defer all plan review and building permit fees upon written request by the applicant.
F. Permit issuance. The building official shall be authorized to issue building permits based upon the modified application. A copy of the approved modified application and construction drawing(s) shall be distributed to appropriate agencies immediately after the permit is issued.
G. Building inspections. The building official shall be authorized to deputize additional inspectors for the purpose of conducting the inspections required by permits issued under this section. Repair work shall be performed in conformance with this code.
H. Illegal construction. Permits issued under this section shall not be interpreted to be an approval of any violation of federal, state, or county statutes, ordinances, or rules. The issuance of a permit shall not relieve the applicant and the property owner from complying with any applicable statutes, ordinances, or rules. Structures or portions thereof that were illegally erected or constructed shall not be repaired under this section.
I. Time extensions. Building, electrical and plumbing permits issued under this section may be extended in accordance with the provisions of the applicable code.
J. Approval by default. If the building official does not take action by either approving, approving with conditions, or denying the modified application within seven calendar days after submittal of all information required by the building official, then the application shall be deemed approved; provided that the time period for the modified application for repair of a nonconforming building or structure that is subject to section 19.500.110, Maui County Code, shall be ten calendar days.
With regards to water permitting, Will there be NEW fire sprinkler code requirements that might cause meter size upgrades and how will this be addressed and paid for? If there are 2 Ohana's and a main home, then fire sprinklers are required? (3 dwellings).
As stated, a water catchment tank for irrigation or "grey water" use would require a backflow preventer? (seems punitive and cost prohibitive).
Regarding an Archeological permit requirement, will our existing water laterals be able to be reused, or are we ALL going to need an archeological permit??! :-O
If new laterals are required, and we place new laterals in the existing locations of the old ones, NO archeological should be required, imo.
Waste Water; Can existing waste lines be used? If 2Ohanas are proposed this is 720 gallons per day. Will that require a larger than 4" waste line lateral?
Public Works; He is saying they will rely on the existing on island agencies to find ways to expedite. This will not likely work well. Was there not a discussion of using a 3rd party reviewer to expedite this process??
Section 105.2.1 has provisions for expedited permitting. What is required from building dept is a modified application, then there is 7 days for approval or comments to correct or the permit is deemed approved. Why is this not being discussed here?
I was told via email that there is an expedited SMA process. Why was this not discussed?
There is an existing section of code in Maui County Code that addresses emergency permitting. I am attaching and quoting it here. What is required by the building department is a modified application. WHY, after almost 6 months is this application not available?
https://library.municode.com/hi/county_of_maui/codes/code_of_ordinances?nodeId=TIT16BUCO_CH16.26BBUCO
QUOTEED FROM THE CODE:
105.2.1 Emergency reconstruction of dwellings and accessory structures.
A. Applicability. Any existing dwelling and its accessory structures that were legally erected and that have been damaged in a disaster or civil defense emergency, recognized by the governor pursuant to chapters 127 or 128, Hawaii Revised Statutes, can be repaired pursuant to this section. The provisions of this section shall remain in effect for a two-year period beginning from the day the governor proclaims the state of disaster or emergency, and shall apply to those areas of the county covered by the governor's proclamation.
B. Building permit application. The building official shall make available a modified building permit application specifically prepared for the issuance of permits under this section. The modified application may be approved without review from other county agencies or any state agency, except that repair of a non-conforming dwelling or structure shall be reviewed by the planning department. All other state and county agencies that regulate the repair of structures shall be responsible for enforcing their regulations independently upon issuance of the building permit.
C. Electrical and plumbing permits. The modified application may also be used for permits for electrical and plumbing work related to the repair work.
D. Construction drawings. An applicant for a modified permit shall submit construction drawings showing the location and scope of repair work, prepared by a registered design professional. The construction drawings shall be reviewed and approved by the building official. The records of the real property tax division of the department of finance shall be the basis for establishing the shape and size of structures prior to damage, provided that the structures were legally constructed.
E. Permit fees. The building official may defer all plan review and building permit fees upon written request by the applicant.
F. Permit issuance. The building official shall be authorized to issue building permits based upon the modified application. A copy of the approved modified application and construction drawing(s) shall be distributed to appropriate agencies immediately after the permit is issued.
G. Building inspections. The building official shall be authorized to deputize additional inspectors for the purpose of conducting the inspections required by permits issued under this section. Repair work shall be performed in conformance with this code.
H. Illegal construction. Permits issued under this section shall not be interpreted to be an approval of any violation of federal, state, or county statutes, ordinances, or rules. The issuance of a permit shall not relieve the applicant and the property owner from complying with any applicable statutes, ordinances, or rules. Structures or portions thereof that were illegally erected or constructed shall not be repaired under this section.
I. Time extensions. Building, electrical and plumbing permits issued under this section may be extended in accordance with the provisions of the applicable code.
J. Approval by default. If the building official does not take action by either approving, approving with conditions, or denying the modified application within seven calendar days after submittal of all information required by the building official, then the application shall be deemed approved; provided that the time period for the modified application for repair of a nonconforming building or structure that is subject to section 19.500.110, Maui County Code, shall be ten calendar days.
With regards to water permitting, Will there be NEW fire sprinkler code requirements that might cause meter size upgrades and how will this be addressed and paid for? If there are 2 Ohana's and a main home, then fire sprinklers are required? (3 dwellings).
As stated, a water catchment tank for irrigation or "grey water" use would require a backflow preventer? (seems punitive and cost prohibitive).
Regarding an Archeological permit requirement, will our existing water laterals be able to be reused, or are we ALL going to need an archeological permit??! :-O
If new laterals are required, and we place new laterals in the existing locations of the old ones, NO archeological should be required, imo.
Waste Water; Can existing waste lines be used? If 2Ohanas are proposed this is 720 gallons per day. Will that require a larger than 4" waste line lateral?
Public Works; He is saying they will rely on the existing on island agencies to find ways to expedite. This will not likely work well. Was there not a discussion of using a 3rd party reviewer to expedite this process??
Section 105.2.1 has provisions for expedited permitting. What is required from building dept is a modified application, then there is 7 days for approval or comments to correct or the permit is deemed approved. Why is this not being discussed here?
I was told via email that there is an expedited SMA process. Why was this not discussed?