Bill Text: HI SB873 | 2017 | Regular Session | Introduced


Bill Title: Relating To Agricultural Buildings.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2017-02-08 - The committee on AEN deferred the measure. [SB873 Detail]

Download: Hawaii-2017-SB873-Introduced.html

THE SENATE

S.B. NO.

873

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING to agricultural buildings.

 

 

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

 


     SECTION 1.  Section 46-88, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  The exemptions in subsections (a) and (b) shall apply; provided that:

     (1)  The aggregate floor area of the exempted agricultural buildings shall not exceed:

         (A)  Five thousand square feet per zoning lot for lots of two acres or less;

         (B)  Eight thousand square feet per zoning lot for lots greater than two acres but not more than five acres; and

         (C)  Eight thousand square feet plus two per cent of the acreage per zoning lot for lots greater than five acres; provided that each exempted agricultural building is compliant with the square foot area restrictions in subsection (a) or subsection (b);

     (2)  The minimum horizontal separation between each agricultural building, structure, or appurtenance thereto is fifteen feet;

     (3)  The agricultural buildings, structures, or appurtenances thereto are located on a commercial farm or ranch and are used for general agricultural or aquacultural operations, or for purposes incidental to such operations;

     (4)  The agricultural buildings, structures, or appurtenances thereto are constructed or installed on property that is used primarily for agricultural or aquacultural operations, and is two or more contiguous acres in area or one or more contiguous acres in area if located in a nonresidential agricultural or aquacultural park;

     (5)  [Upon completion] Prior to commencement of construction or installation, the owner or occupier shall provide written notice to the appropriate county fire department and county building permitting agency of the size, type, and locations of the building, structure, or appurtenance thereto.  Such written notification shall be provided to the county agencies [within] not less than thirty days [of the completion] prior to commencement of construction or installation of the building, structure, or appurtenance thereto.  Failure to provide such written notice may void the building permit or building code exemption, or both, which voidance for such failure is subject to the sole discretion of the appropriate county building permitting agency[;].  An owner or occupier who commences construction or installation less than thirty days after providing written notice shall be in violation of this paragraph and shall be assessed a civil fine of $100 for each day of violation;

     (6)  No electrical power and no plumbing systems shall be connected to the building or structure without first obtaining the appropriate county electrical or plumbing permit, and all such installations shall be installed under the supervision of a licensed electrician or plumber, as appropriate, and inspected and approved by an appropriate county or licensed inspector or, if a county building agency is unable to issue an electrical permit because the building or structure is permit-exempt, an electrical permit shall be issued for an electrical connection to a meter on a pole beyond the permit-exempt structure in accordance with the installation, inspection, and approval requirements in this paragraph;

     (7)  Disposal of wastewater from any building or structure constructed or installed pursuant to this section shall comply with chapter 342D; and

     (8)  Permit-exempt structures shall be exempt from any certificate of occupancy requirements."

     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:

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Report Title:

Agricultural Buildings and Structures; Building Permit Requirements; Building Code Requirements; Exemption; Notice

 

Description:

Requires notice be given to certain county agencies at least 30 days prior to construction or installation of certain agricultural buildings and structures that are exempt from building permit and code requirements.  Imposes a fine of $100 per day of violation if construction or installation begins within 30 days of notice.

 

 

 

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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