Bill Text: HI HB1871 | 2012 | Regular Session | Introduced


Bill Title: DHHL Lessees; Building Codes and Building-permitting Requirements; Exemption

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-02-07 - (H) The committee(s) on EEP recommend(s) that the measure be deferred. [HB1871 Detail]

Download: Hawaii-2012-HB1871-Introduced.html

HOUSE OF REPRESENTATIVES

H.B. NO.

1871

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to the hawaiian homes commission act, 1920, as amended.

 

 

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

 


     SECTION 1.  Title 2, Hawaiian Homes Commission Act, 1920, as amended, is amended by adding a new section to be appropriately designated and to read as follows:

     "§   .    Building code and building-permitting requirements.  (a)  By rules adopted pursuant to chapter 91, Hawaii Revised Statutes, no later than        , the department of Hawaiian home lands shall adopt building codes and building-permitting requirements for:

     (1)  The development and construction of residential developments as set forth in section 204.5, including housing units for native Hawaiians under section 207.5; and

     (2)  The construction, reconstruction, improvement, alteration, or repair of public facilities as set forth in section 204.5.

     (b)  In adopting building codes and building-permitting requirements, the following shall be appropriately and adequately addressed:

     (1)  Basic public health and safety issues and concerns;

     (2)  Interconnection with county and state public facilities, including without limitation, streets, storm drainage systems, water facilities and systems, utility and service corridors, and utility lines, where applicable, to ensure adequate service to the department's residential developments and public facilities; and

     (3)  The necessity of giving timely notice to the applicable county of effects that the department's residential development and public facility activities under this section will have on county public facilities, including water and sewer use and traffic and transportation.

     (c)  Upon the adoption of rules as set forth in subsection (a), the department, with respect to residential development and public facility activities as described in this section, shall be exempt from:

     (1) State and county building codes and building-permitting requirements;

     (2) The requirements of section 132-9, Hawaii Revised Statutes, relating to the submission of building plans to the county fire chief for approval; and

     (3) Section 321-11, Hawaii Revised Statutes, relating to certain department of health requirements."

     SECTION 2.  Section 207.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§207.5.[]]  Housing development.  The department is authorized to develop and construct single-family and multifamily units for housing native Hawaiians.  The method of disposition, including rentals, as well as the terms, conditions, covenants, and restrictions as to the use and occupancy of such single-family and multifamily units shall be prescribed by rules adopted by the department pursuant to chapter 91[.] and shall be exempt from department of health occupancy requirements."

     SECTION 3.  The provisions of the amendments made by this Act to the Hawaiian Homes Commission Act, 1920, as amended, are declared to be severable, and if any section, sentence, clause, or phrase, or the application thereof to any person or circumstances is held ineffective because there is a requirement of having the consent of the United States to take effect, then that portion only shall take effect upon the granting of consent by the United States and effectiveness of the remainder of these amendments or the application thereof shall not be affected.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on           .

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

DHHL Lessees; Building Codes and Building-permitting Requirements; Exemption

 

Description:

Exempts Department of Hawaiian Home Lands lessees from building codes and building-permitting requirements.  Requires the Department of Hawaiian Home Lands to establish its own building code and building-permitting requirements.  Requires the Department of Hawaiian Home Lands to provide notice of water, sewer, and traffic effects.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

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