Bill Text: HI SB2001 | 2016 | Regular Session | Introduced
Bill Title: Adult Residential Care Homes; Agriculturally Designated Districts
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2016-02-02 - The committee(s) on WLA deleted the measure from the public hearing scheduled on 02-03-16 2:45PM in conference room 224. [SB2001 Detail]
Download: Hawaii-2016-SB2001-Introduced.html
|
THE SENATE |
S.B. NO. |
2001 |
|
TWENTY-EIGHTH LEGISLATURE, 2016 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to adult residential care homes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 46-15.3, Hawaii Revised Statutes, is amended to read as follows:
"§46-15.3 Regulation of adult [family
boarding home and] residential care home[.]; permitted use
of care homes in agriculturally designated districts. (a) For the
purpose of regulation under a county's life safety code, building code, fire
code, or any other ordinance of similar purpose, a [licensed adult family
boarding home or] licensed care home that provides living accommodations
for:
(1) The operator of the home and operator's family; and
(2) Up to six other persons, not more than three of whom are incapable of self-preservation because of age or physical or mental limitations,
shall be deemed a single-family dwelling occupied by a family.
(b) For the purposes of zoning, a licensed care home shall be considered a permitted use in all agriculturally designated districts; provided that the licensed care home is located in a farm dwelling, notwithstanding sections 205-2 and 205-4.5. No conditional use permit, variance, or special exception shall be required for residences used as licensed care homes.
[(b)] (c) For the purpose of
this section:
"Building code" means an ordinance the purpose of which is to provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location, and maintenance of all buildings and structures within the county's jurisdiction and certain equipment specifically regulated by the ordinance.
"Fire code" means an ordinance adopted under section 132-3 or an ordinance intended to prescribe regulations consistent with recognized good practice for the safeguarding to a reasonable degree of life and property from the hazards of fire and explosion arising from the storage, handling, and use of hazardous substances, materials, and devices and from conditions hazardous to life or property in the use or occupancy of buildings or premises.
["Licensed adult family boarding
home" means an adult family boarding home licensed under chapter 346, part
IV.]
"Licensed care home" means a care home licensed under section 321-15.6.
"Life safety code" means an ordinance the purpose of which is to establish minimum requirements that will provide a reasonable degree of safety from fire in buildings and structures."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Adult Residential Care Homes; Agriculturally Designated Districts
Description:
Permits adult residential care homes in agriculturally designated districts if located in a farm dwelling.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
