Bill Text: HI SB646 | 2015 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Household Energy Demand; Clotheslines; Residential Property; Reasonable Restrictions

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2015-03-25 - Passed Second Reading and referred to the committee(s) on CPC with Representative(s) Cullen, Fukumoto Chang voting aye with reservations; none voting no (0) and Representative(s) Ing, Luke excused (2). [SB646 Detail]

Download: Hawaii-2015-SB646-Introduced.html

THE SENATE

S.B. NO.

646

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to energy.

 

 

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

 


     SECTION 1.  Section 196-8.5, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

     "(a)  Notwithstanding any law to the contrary, no person shall be prevented by any covenant, declaration, bylaws, restriction, deed, lease, term, provision, condition, codicil, contract, or similar binding agreement, however worded, from installing a clothesline on any [single-family] residential dwelling, apartment, condominium, or townhouse that the person owns.  Any provision in any lease, instrument, or contract contrary to the intent of this section shall be void and unenforceable.

     (b)  Every private entity may adopt rules that reasonably restrict the placement and use of clotheslines for the purpose of drying clothes on the premises of any [single-family] residential dwelling, apartment, condominium, or townhouse; provided that those restrictions do not prohibit the use of clotheslines [altogether.]; provided further that, for a multi-story apartment or condominium structure, the private entity may restrict the placement and use of clotheslines on a balcony or lanai to no higher than the height of the exterior wall or railing of the balcony or lanai.  A reasonable restriction is any restriction that is necessary to protect:

     (1)  Public health and safety, including but not limited to ensuring safe access to and rapid evacuation of buildings;

     (2)  Buildings from damage;

     (3)  Historic or aesthetic values, when an alternative of reasonably comparable cost and convenience is available; or

     (4)  Shorelines under shoreline setback provisions pursuant to section 205A-43.

No private entity shall assess or charge any homeowner any fees for the placement of any clothesline."

     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:

Household Energy Demand; Clotheslines; Reasonable Restrictions

 

Description:

Permits the installation of clotheslines in any residential dwelling, apartment, condominium, or townhouse, under certain conditions.  Defines a reasonable restriction on the placement and use of clotheslines as any restriction that is necessary to protect public health and safety, buildings from damage, historic or aesthetic values, and shorelines under certain circumstances.

 

 

 

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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