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Hawaii Building Code & Construction Permit Law

Hawaii Code · 8 sections

The following is the full text of Hawaii’s building code & construction permit law statutes as published in the Hawaii Code. For the official version, see the Hawaii Legislature.


Haw. Rev. Stat. § 107-1

Section

107-1 Management of internal improvements

107-1.5 Public works project assessment fund

107-2 Surveys, maps, etc., lands, harbors, etc.

107-3 Powers and duties of the department of accounting and

general services

107-4 Duties of counties relating to maps, surveyors,

reports

107-5 Costs, fees and charges

107-6 Standards prescribed by department

107-7 Assistance of private employees authorized

107-8 Repealed

107-9 Appraisers of property, number

107-10 Acquiring of real property; prior approval

107-11 Parking; control by comptroller

Part II. State Building Code and Design Standards

107-21 Definitions

107-22 State building code council

107-23 Executive director and executive assistant; council

budget

107-24 Authority and duties of the council

107-25 Hawaii state building codes; requirements

107-26 Hawaii state building codes; prohibitions

107-27 Design of state buildings

107-28 County authority to amend and adopt the Hawaii state

building codes without council approval

107-29 Rules

107-30 Annual report

107-31 State building code; compliance

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Haw. Rev. Stat. § 141-1

Section

141-1 Duties in general

141-2 Rules

141-2.5 Aquaculture program

141-2.6 Fees for aquaculture services

141-2.7 Aquaculture development special fund

141-3 Designation of pests; control or eradication of pests;

emergency power

141-3.5 Control or eradication programs

141-3.6 Entry of private property to control or eradicate any

pests

141-4 Weights of coffee; rules

141-5 Charges for inspection, etc.

141-6 Appeal from inspector’s decision

141-7 General penalty

141-8 Crop damage; civil liability

141-9 Energy feedstock program

141-10 Agricultural development and food security special

fund; establishment

141-11 Hawaii farm to school program; farm to school

Coordinator

141-12 Agricultural food safety certification program

Part II. Industrial Hemp Pilot Program

141-31 Definitions

141-32 Industrial hemp pilot program; established

141-33 Licensing

141-34 Reports

141-35 Approved seed cultivars

141-36 Growing of industrial hemp; licensee responsibilities

141-37 Inspections; fees

141-38 Violations

141-39 Profits

141-40 Rulemaking

Note

Pesticide subsidy program for coffee growers; report to 2019 legislature (repealed June 30, 2019). L 2014, c 105, §3; L 2015, c 152, §1.

Swine farm survey for porcine respiratory and reproductive syndrome. L 2000, c 207.

Cross References

Agricultural and aquacultural building permit exemptions, see §46-88.

Hawaii agriculture workforce advisory board, see §371-19.

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Haw. Rev. Stat. § 46-1

Section

46-1 Meeting place of council

46-1.5 General powers and limitation of the counties

46-1.55 Indigenous Hawaiian architecture

46-1.6 Repealed

46-1.7 Retention of emergency 911 recordings

46-1.8 Reciprocal supplying of tax information

46-2 Publication or advertising of ordinances, amendments,

resolutions, and bills

46-2.1 Comprehensive ordinance codes

46-2.2 Publication of supplements

46-3 Repealed

46-3.5 Repealed

46-4 County zoning

46-4.1 Repealed

46-4.2 Nonsignificant zoning changes

46-4.5 Ordinances establishing historical, cultural, and

scenic districts

46-5 Planning and traffic commissions; creation

46-6 Parks and playgrounds for subdivisions

46-6.5 Public access

46-7 Agreements with federal government; use of funds

46-8 State and county co-sponsorship of programs

46-9 Expenditures of money for sister-city relationships

46-10 County bands; travel

46-11 Federal flood insurance

46-11.5 Maintenance of channels, streambeds, streambanks, and

drainageways

46-12 Cleaning shores and beaches of seaweed, limu, and

debris

46-12.5 State beach park lifeguard services

46-13 Each county to determine its own number of fire

stations

46-13.1 Volunteer fire stations

46-14 Repealed

46-14.5 Land use density and infrastructure; low-income

rental units

46-15 Experimental and demonstration housing projects

46-15.01 Limitation of application

46-15.1 Housing; county powers

46-15.2 Housing; additional county powers

46-15.25 Infrastructure dedication; affordable housing

46-15.3 Regulation of adult family boarding home and care home

46-15.35 Family child care homes; permitted use in residential

areas and agriculturally designated districts

46-15.36 Hospice homes; permitted use in residential areas

46-15.39 Repealed

46-15.4 Administrative inspections and warrants

46-15.5 Cooperation by state departments

46-15.6 Definitions

46-15.7 Concurrent processing

46-15.9 Traffic regulation; repair and maintenance; public

right to use public streets, roads, or highways whose

ownership is in dispute

46-16 Traffic regulation and control over private streets

46-16.2 Commuter benefits program

46-16.3 Regulation of commercial bicycle tours

46-16.5 Public passenger vehicle regulation

46-16.7 Repealed

46-16.8 County surcharge on state tax

46-17 Regulation of certain public nuisances

46-18 Central coordinating agency

46-19 Development of alternative energy resources

46-19.1 Facilities for solid waste processing and disposal and

electric generation; financing; sale

46-19.4 Priority permitting process for renewable energy

projects

46-19.5 Energy conservation standards for building design and

construction

46-19.6 County building permits; incorporation of energy and

environmental design building standards in project

design; priority processing

46-19.7 Individual shower control valves required

46-19.8 Fire sprinklers; residences

46-20 Regulation of sewerage and wastewater treatment

systems

46-20.1 County ownership of sewer transmission lines and

facilities servicing Hawaiian home lands

46-20.5 Regulation of towing operations

Part II. Officers and Employees

46-21, 21.5 Repealed

46-22 Compensation of certain county officials

46-22.1 Salaries of members of council

46-23 Salaries of department heads, deputies, assistants;

fixed how

46-24 Limitation on salary of first deputy or assistant

46-25 Salaries of county officers and employees; moneys

payable into treasury

46-25.5 Expenses

46-26 Bonds of county officers; form

46-27 Approval of bonds

46-28 Extent of liability

46-29 Certain notarial powers conferred upon county officers

46-30 Transfer of civil service personnel on reorganization

46-31 Transfer of noncivil service personnel on

reorganization

46-32 Employees of council

46-33 Exemption of certain county positions

46-34 Civil service exemptions

46-35 Firefighters, counsel for

46-36 Authority of counties to engage in the process of

managed competition; established

Part III. Fiscal Administration

46-41 Budgets; financial records on fiscal year basis

46-42 Reports by fiscal officers

46-43 County records

46-44 Repealed

46-44.5 Lapsed warrant

46-45 Excessive expenditures; penalty

46-46 Excess expenditures; when permitted

46-47 Franchise fees, disposition of

46-48 Deposit of funds in banks

46-49 Interest on deposits

46-50 Short term investment of county moneys

46-51 Deposit of securities with mainland depositories

46-52 Deposit of securities

46-53 Loans to the State

46-54 Collection of delinquent license fees, taxes, and

other amounts

46-55 Schedule of council anticipated expenditures

46-56 Purchasing

Part IV. Real and Personal Property

46-61 Eminent domain; purposes for taking property

46-62 Eminent domain; proceedings according to chapter 101

46-63 Gift or sale of county property for care of aged

persons

46-64 Disposition of surplus property

46-65 Parks in the charge of council

46-65.5 Exchange of park property

46-65.6 Thomas Square; to be maintained

46-65.7 Ala Wai golf course

46-66 Disposition of real property

Part V. Miscellaneous

46-71 Service of process upon county

46-71.5 Indemnification of county agencies

46-72 Liability for injuries or damages; notice

46-72.5 Counties’ limited liability for skateboard activities

at public skateboard parks

46-73 Claims for legislative relief; conditions

46-74 Waiver of exemption from assessment for improvements

46-74.1 Exemption from improvement assessments

46-74.2 Public land or land exempt from taxation, etc.; cost

otherwise assessable against borne by city and county

46-75 Improvement bonds exempt from taxation

46-76 Location of utility facilities in improvement

districts

46-77 Underground utility facilities in improvement

districts

46-78 Improvement districts, initiation by the State

46-79 CUSIP numbers for district improvement bonds or

improvement district bonds of counties

46-80 Improvement by assessment; financing

46-80.1 Community facilities district

46-80.5 Special improvement district

46-81 Reserve funds for payment of improvements

46-85 Contracts for solid waste disposal

46-86 Transactions for utility services

46-87 Liquidated damages

46-88 Agricultural buildings and structures; exemptions from

building permit and building code requirements

46-89 Broadband-related permits; automatic approval

Part VI. Tax Increment Financing

46-101 Short title

46-102 Definitions

46-103 Establishment of tax increment district

46-104 County powers

46-105 Collection of tax increments

46-106 Tax increment bonds

46-107 Tax increment bond anticipation notes

46-108 Annual report

46-109 Termination of a tax increment district

46-110 Tax increment fund

46-111 Computation of tax increment

46-112 Tax on leased redevelopment property

46-113 Cumulative effect

Part VII. Development Agreements

46-121 Findings and purpose

46-122 Definitions

46-123 General authorization

46-124 Negotiating development agreements

46-125 Periodic review; termination of agreement

46-126 Development agreement; provisions

46-127 Enforceability; applicability

46-128 Public hearing

46-129 County general plan and development plans

46-130 Amendment or cancellation

46-131 Administrative act

46-132 Filing or recordation

Part VIII. Impact Fees

46-141 Definitions

46-142 Authority to impose impact fees; enactment of

ordinances required

46-142.5 School impact districts; new building permit

requirements

46-143 Impact fee calculation

46-144 Collection and expenditure of impact fees

46-145 Refund of impact fees

46-146 Time of assessment and collection of impact fees

46-147 Effect on existing ordinances

46-148 Transitions

Part IX. Transfer of Development Rights

46-161 Findings and purpose

46-162 Definitions

46-163 Conditions for the transfer of development rights

46-164 Procedures

46-165 Other rights not affected

Part X. Qui Tam Actions or Recovery of

False Claims to the Counties

46-171 Actions for false claims to the counties; qui tam

actions

46-172 Civil actions for false claims

46-173 Evidentiary determination; burden of proof

46-174 Statute of limitations

46-175 Action by private persons

46-176 Rights of parties to qui tam actions

46-177 Awards to qui tam plaintiffs

46-178 Repealed

46-179 Fees and costs of litigation

46-180 Relief from retaliatory actions

46-181 Certain actions barred

Note

Broadband services; exemption from certain permitting processes. L 2011, c 151; L 2013, c 264; L 2016, c 193, §§1, 2.

City and county of Honolulu to take ownership of specified road or parcel upon acceptance of funds. L 2016, c 194, §4.

Non-school hour programs for children and youth, annual report by state office of youth services. L 2006, c 281.

Public land trust information system. L 2011, c 54; L 2013, c 110.

Roads commission; private roads disputes; reports to 2018-2019 legislature (ceases to exist June 30, 2018). L 2016, c 194, §2.

Cross References

Access Hawaii committee (management of State’s internet portal), see chapter 27G.

Acquisition of resource value lands, see chapter 173A.

Complete streets, see §264-20.5.

Conclusive presumptions relating to duty of public entities to warn of dangers at public beach parks, see §663-1.56.

Emergency management, see chapter 127A.

Employment of retirants, see §88-9.

Exception to liability for county lifeguard services, see §663-1.52.

Important agricultural lands, see §§205-41 to 52.

Information privacy and security council; personal information security, see §§487N-5 to 7.

Legacy land conservation commission, see §173A-2.4.

Neighborhood board, see §§92-81 to 83.

Parental preference in government contract and services, see §577-7.5.

Personal information policy and oversight responsibilities for government agencies, see §487J-5.

Small business regulatory flexibility act, see chapter 201M.

Uniform electronic transactions act, see chapter 489E.

Case Notes

Chapter did not preempt ordinance relating to residential condominium leasehold conversion. 76 H. 46, 868 P.2d 1193.

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HRS §444-2

§444-2  Exemptions.  This chapter shall not apply to:

(1)  Officers and employees of the United States, the State, or any county while in the performance of their governmental duties;

(2)  Any person acting as a receiver, trustee in bankruptcy, personal representative, or any other person acting under any order or authorization of any court;

(3)  A person who sells or installs any finished products, materials, or articles of merchandise that are not actually fabricated into and do not become a permanent fixed part of the structure, or to the construction, alteration, improvement, or repair of personal property;

(4)  Any project or operation for which the aggregate contract price for labor and materials is not more than $1,500.  This exemption shall not apply in any case where a building permit is required regardless of the aggregate contract price, nor where the undertaking is only a part of a larger or major project or operation, whether undertaken by the same or a different contractor or in which a division of the project or operation is made in contracts of amounts not more than $1,500 for the purpose of evading this chapter or otherwise;

(5)  A registered architect or professional engineer acting solely in the person's professional capacity;

(6)  Any person who engages in the activities regulated in this chapter as an employee with wages as the person's sole compensation;

(7)  Owner-builders exempted under section 444-2.5;

(8)  Any joint venture if all members thereof hold licenses issued under this chapter;

(9)  Any project or operation where it is determined by the board that less than ten persons are qualified to perform the work in question and that the work does not pose a potential danger to public health, safety, and welfare; or

(10)  Any public works project that requires additional qualifications beyond those established by the licensing law and which is deemed necessary and in the public interest by the contracting agency. [L 1957, c 305, §1(s 2); Supp, §166A-2; HRS §444-2; am L 1969, c 163, §1; am L 1974, c 112, §1(3); am L 1975, c 128, §1; am L 1976, c 200, pt of §1; am L 1985, c 215, §1; gen ch 1985; am L 1986, c 182, §1; am L 1989, c 142, §2; am L 1992, c 258, §1 and c 269, §2; am L 1996, c 172, §3; am L 2010, c 44, §3; am L 2019, c 283, §2]

Case Notes

Defendant's motion to dismiss denied; because it was feasible that plaintiff's actions constituted that of a "professional engineer acting solely in [its] professional capacity", it was not apparent that [this chapter] barred plaintiff from bringing lawsuit.  216 F. Supp. 2d 1133 (2001).

Promise by defendant to pay plaintiff for work performed and moneys expended established an employment relationship and took matter outside of chapter under paragraph (7).  58 H. 257, 567 P.2d 824 (1977).

While a member of the public who violates the owner-builder exemption under paragraph (7) (1993) by selling or leasing the subject property within one year of completion is subject to the sanctions imposed under paragraph (7), that party is not precluded from enforcing the underlying contract with an unlicensed contractor.  92 H. 117 (App.), 987 P.2d 1015 (1999).

Pursuant to paragraph (7), homeowners did not have the benefit of, and, as to homeowners, contractor was not obligated to comply with, the disclosure provisions of §444-25.5.  109 H. 96 (App.), 123 P.3d 691 (2005).


HRS §444-2.5

§444-2.5  Owner-builder exemption.  (a)  This chapter shall not apply to owners or lessees of property who build or improve residential or farm buildings or structures on property for their own use, or for use by their grandparents, parents, siblings, or children, and who do not offer the buildings or structures for sale or lease; provided that:

(1)  To qualify for an exemption under this section, the owner or lessee shall register for the exemption as provided in section 444-9.1;

(2)  The exemption under this section shall not apply to electrical or plumbing work that must be performed only by persons or entities licensed in accordance with this chapter, unless the owner or lessee of the property is licensed for such work under chapter 448E;

(3)  An owner or lessee exempted under this section shall:

(A)  Supervise the construction activity on the exempt buildings or structures;

(B)  Hire subcontractors appropriately licensed under this chapter to perform any part of the construction activity for which a license is required;

(C)  Ensure that any electrical or plumbing work is performed by persons and entities appropriately licensed under this chapter or chapter 448E;

(D)  Deduct Federal Insurance Contributions Act and withholding taxes and provide workers' compensation insurance for persons working on the construction activity who are not licensed under this chapter or chapter 448E and who shall be considered employees of the owner or lessee; and

(E)  Ensure that the construction activity complies with all applicable laws, ordinances, building codes, and zoning regulations;

(4)  Until completion of the construction activity, an owner or lessee exempted under this section shall make available the following records for immediate inspection upon request by the department:

(A)  A copy of the building permit application;

(B)  A copy of the issued building permit;

(C)  Copies of all contracts with the names of all persons who performed or are performing work on the exempt buildings and structures; and

(D)  Proof of payment to all persons contracted to work on the exempt buildings and structures; and

(5)  Upon completion of the construction activity, an owner or lessee exempted under this section shall keep and maintain the records identified in paragraph (4) for a period of three years from completion of the construction activity and shall make the records available for inspection within seven business days upon request by the department.

(b)  Proof of the sale or lease, or offering for sale or lease, of the structure within one year after completion shall be prima facie evidence that the construction or improvement of the structure was undertaken for the purpose of sale or lease; provided that this subsection shall not apply to:

(1)  Residential properties sold or leased to employees of the owner or lessee;

(2)  Construction or improvements performed pursuant to an approved building permit where the estimated valuation of work to be performed, as reflected in the building permit, is less than $10,000; or

(3)  Any sale or lease caused by an eligible unforeseen hardship as determined by the board pursuant to subsection (c).

(c)  The board shall determine the eligibility of an unforeseen hardship claimed by an owner under subsection (b); provided that an alleged unforeseen hardship shall not be deemed eligible if the board determines that the construction or improvement of the structure was undertaken for the purpose of sale or lease.  An exemption for an unforeseen hardship shall not be denied solely because of lack of completion, as the term is defined in subsection (e).  An owner seeking a determination of eligibility of an unforeseen hardship shall:

(1)  Be in compliance with the requirements set forth in the disclosure statement required to be provided under section 444-9.1; and

(2)  Submit a written application to the board at any time prior to selling, leasing, or offering to sell or lease the property describing the nature of the applicant's unforeseen hardship.  The application shall include supporting documentation detailing the hardship, such as:

(A)  Evidence of receipt of unemployment compensation;

(B)  Tax returns;

(C)  Medical records;

(D)  Bank statements;

(E)  Divorce decrees ordering sale of property;

(F)  Mortgage default letters; or

(G)  Bankruptcy filings.

The board shall communicate its determination to the owner in writing within ninety days of receiving a completed application under this subsection.

(d)  Any owner or lessee of property found to have violated this section shall not be permitted to engage in any activities pursuant to this section or to register under section 444-9.1 for a period of three years.  There is a rebuttable presumption that an owner or lessee has violated this section when the owner or lessee obtains an exemption from the licensing requirements of section 444-9 more than once in two years.

(e)  For the purposes of this section, "completion" means the date of final inspection approval by the county.

(f)  An owner or lessee exempted under this section shall not be eligible to recover from the contractors recovery fund.

(g)  This section shall not apply to agricultural buildings, structures, or appurtenances thereto that do not require a building permit or are exempt from the building code. [L 2010, c 44, §2; am L 2011, c 115, §1; am L 2013, c 176, §2]


HRS §444-23

§444-23  Violation; penalties.  (a)  Any licensee who contracts outside the appropriate scope of classification for which the licensee is licensed shall be fined $500 for the first offense, $1,000 for the second offense, and not less than $1,500 or more than $2,000 for any subsequent offense.

(b)  Any licensee who violates section 444-9.3 or 444-17(17) shall be fined up to $25,000 or up to the full amount of the contract price for each offense, whichever is greater.

(c)  Except as provided in subsections (a), (b), (d), and (e), any person who violates or fails to comply with this chapter shall be fined not less than $100 or more than $5,000 for each violation; provided that any person who violates section 444-9 shall be fined:

(1)  $2,500 or forty per cent of the total contract price, whichever is greater, for the first offense;

(2)  $3,500 or forty per cent of the total contract price, whichever is greater, for the second offense; and

(3)  $5,000 or forty per cent of the total contract price, whichever is greater, for any subsequent offense,

and when the person is or was a defendant or respondent in a separate citation or lawsuit filed with or by the department, all tools, implements, documents, materials, or any other property used by the person in activities violating section 444-9 shall be subject to forfeiture as provided by section 444-23.5 and shall be turned over to the department for disposition under that section.

(d)  Any licensee who violates, or whose employee violates, section 444-17(18), 444-17(19), or 444-17(20), shall be fined $75 for the first offense, $150 for the second offense, and not less than $300 or more than $1,000 for each subsequent offense; provided that each unit serviced in violation of section 444-17(18) or 444-17(19) and each instance of releasing CFCs in violation of section 444-17(20) shall constitute a separate offense.

(e)  Any person who violates section 444-2.5 shall be fined:

(1)  Up to $5,000 or fifty per cent of the value of the construction or improvement as indicated on the building permit application, whichever is greater, and as determined based on a review of the circumstances of each case, for the first offense; and

(2)  $10,000 or sixty per cent of the value of the construction or improvement as indicated on the building permit application, whichever is greater, for any subsequent offenses. [L 1957, c 305, §1(s 22); Supp, §166A-22; HRS §444-23; am L 1975, c 127, §1; am L 1980, c 102, §1; am L 1984, c 216, §1; am L 1986, c 23, §1; am L 1989, c 77, §12; am L 1990, c 244, §1; am L 1992, c 264, §10 and c 269, §5; am L 1996, c 172, §5; am L 2000, c 291, §3; am L 2009, c 195, §1; am L 2010, c 44, §5 ; am L 2013, c 176, §3]


HRS §444-9.1

§444-9.1  Issuance of building permits; owner-builder registration.  (a)  Each county or other local subdivision of the State which requires the issuance of a permit as a condition precedent to the construction, alteration, improvement, demolition, or repair of any building or structure shall also require that each applicant for such a permit file as a condition to the issuance of a permit a statement that the applicant and all specialty contractors are licensed in accordance with this chapter, giving the license numbers and stating that the licenses are in full force and effect, or, if the applicant is exempt from this chapter, the basis for the claimed exemption; provided that if the applicant claims an exemption under section 444-2.5, the applicant shall certify that the building or structure is for the applicant's personal use and not for use or occupancy by the general public.  Each county or local subdivision of the State shall maintain an owner-builder registration list which shall contain the following information:

(1)  The name of any owner or lessee who claims an exemption from this chapter as provided in section 444-2.5;

(2)  The address of the property where exempt building or improvement activity is to occur;

(3)  A description of the type of building or improvement activity to occur;

(4)  The approximate dates of construction activity; and

(5)  Whether any electrical or plumbing work is to be performed and if so, the name and license number of the person or entity who will do the work.

The absence of such registration is prima facie evidence that the exemption in section 444-2.5 does not apply.

(b)  The county shall verify the license against a list of licensed contractors provided by the state contractors licensing board, which list shall be updated at least quarterly.  The county shall also verify that the applicant is in fact the contractor so licensed or the contractor's duly authorized agent.

(c)  The county shall provide applicants for the exemption under section 444-2.5 with a disclosure statement in substantially the following form:

"Disclosure Statement

State law requires construction to be done by licensed contractors.  You have applied for a permit under an exemption to that law.  The exemption provided in section 444-2.5, Hawaii Revised Statutes, allows you, as the owner or lessee of your property, to act as your own general contractor even though you do not have a license.  You must supervise the construction yourself.  You must also hire licensed subcontractors.  The building must be for your own use and occupancy.  It may not be built for sale or lease.  If you sell or lease a building you have built yourself within one year after the construction is complete, the law will presume that you built it for sale or lease, which is a violation of the exemption, and you may be prosecuted for this.  It is your responsibility to make sure that subcontractors hired by you have licenses required by state law and by county licensing ordinances.  Electrical or plumbing work must be performed by contractors licensed under chapters 448E and 444, Hawaii Revised Statutes.  Any person working on your building who is not licensed must be your employee which means that you must deduct F.I.C.A. and withholding taxes and provide workers' compensation for that employee, all as prescribed by law.  Your construction must comply with all applicable laws, ordinances, building codes, and zoning regulations.  If you violate section 444-2.5 or fail to comply with the requirements set forth in this disclosure statement, you may be fined $5,000 or forty per cent of the appraised value of the building as determined by the county tax appraiser, whichever is greater, for the first offense; and $10,000 or fifty per cent of the appraised value of the building as determined by the county tax appraiser, whichever is greater, for any subsequent offense."

The county shall not issue a building permit to the owner-applicant until the applicant signs a statement that the applicant has read and understands the disclosure form.

(d)  A county building inspector or other building official shall report to the regulated industries complaints office the name and address of any person, who, in the opinion of the building inspector or official, has violated this chapter by accepting or contracting to accomplish work which would classify the person as a contractor under this chapter. [L 1974, c 112, pt of §1(1); am L 1978, c 147, §1; am L 1985, c 215, §2; gen ch 1985; am L 1989, c 142, §3; am L 1992, c 258, §2; am L 1996, c 172, §4; am L 2010, c 44, §4]


HRS §464-13

§464-13  Structures exempted from provisions of chapter.  (a)  The provisions of this chapter shall not apply to work in respect to any privately owned or privately controlled one-storied building or structure, the estimated cost of which does not exceed $40,000, nor to any privately controlled two-storied building or structure, the estimated cost of which does not exceed $35,000.

(b)  The provisions of this chapter shall not apply to work in respect to any privately owned or privately controlled one-storied residence, the estimated cost of which does not exceed $180,000, nor to any privately owned or privately controlled two-storied residence, the cost of which does not exceed $162,000.

(c)  Whenever the exemption provided for in subsection (b) is applied to the construction of a new residence, it shall be noted and recorded with the bureau of conveyances.

(d)  Notwithstanding subsections (a) and (b), the following work shall not be exempt from the requirements of this chapter:

(1)  Any building, structure, or residence in which the principal structural members consist of reinforced concrete or structural steel having riveted, bolted, or welded connections;

(2)  Any structure or improvement for which the State, a county, or political subdivision requires the use of an appropriately licensed design professional, including but not limited to:

(A)  Structures within special management areas, flood hazard areas, and special design districts; or

(B)  Improvements resulting from conditional use or other discretionary zoning permits, code compliances or variances, and building permit expediting procedures; and

(3)  Any improvement resulting from rules established by a landowner or an association of owners for private property owned by the landowner or association of owners. [L 1931, c 165, §9; RL 1935, §7041; RL 1945, §7613; RL 1955, §166-13; am L 1961, c 151, §1; HRS §464-13; am L 1969, c 146, §2; am L 1979, c 113, §1; am L 2023, c 177, §2]


The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)