THE SENATE	S.B. NO.	646
TWENTY-EIGHTH LEGISLATURE, 2015		S.D. 2
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].  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  Statutory material to be repealed is bracketed and stricken.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 on July 1, 2050.

 

 

Report Title:

Household Energy Demand; Clotheslines; Residential Property; 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, or shorelines under certain circumstances.  Effective 07/01/2050.  (SD2)

 

 

 

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