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107-8 Repealed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)