HOUSE OF REPRESENTATIVES	H.B. NO.	1117
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO HOME OCCUPATIONS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that allowing home occupations would solve many problems for struggling young families, small business owners, and commuters.  Parents would be able to stay home with young children, strengthening the family and saving money on childcare if they were able to care for children and elderly parents while working at home.  It would be easier for entrepreneurs to start up small businesses if they were not first required to rent expensive office space.  Commuter traffic would thin out if a percentage of drivers were able to stay at home instead of adding to traffic congestion.

     The purpose of this Act is to establish regulations for home occupations.

     SECTION 2.  Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§46-     Home occupation.  (a)  Notwithstanding any law to the contrary, the owner of a home occupation may:

     (1)  Employ up to two non-occupant, non-family member employees;

     (2)  Receive one courier visit per day, excluding deliveries by the United States Postal Service; and

     (3)  Service up to five customers per day.

     (b)  A county may regulate activities of owners of home occupations that are disruptive to the surrounding neighborhood, are a source of unreasonable noise or noxious fumes, or violate county ordinances relating to the parking of commercial vehicles.

     (c)  As used in this section, "home occupation" means a business operated from a residential dwelling by the owner-occupant of the residential dwelling.  "Home occupation" shall not include:

     (1)  Bed and breakfasts, transient vacation rentals, or other tourist accommodation businesses;

     (2)  Trade activities, including carpentry; or

     (3)  Halfway houses."

     SECTION 3.  If a county ordinance for halfway houses conflicts with any provision of this Act, the county ordinance shall prevail; provided that nothing in this Act shall be deemed to prevent the department of health from imposing any noise permit requirements on the owner of any home occupation.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Home Occupation; Counties

 

Description:

Regulates home occupations.

 

 

 

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