Report Title:

Home Occupation; Counties

Description:

Regulates home occupations.  (HB1443 HD2)

HOUSE OF REPRESENTATIVES	H.B. NO.	1443
TWENTY-FIFTH LEGISLATURE, 2009		H.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO HOME OCCUPATIONS.

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

     SECTION 1.  Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§46-  Home occupation. (a) Notwithstanding any law to the contrary, the owner of a home occupation may:

(1) Employ up to two non-occupant, non-family member employees;

(2) Receive one courier visit per day, excluding deliveries by the United States Postal Service; and

(3) Service up to five customers per day.

(b)  A county may regulate activities of owners of home occupations that are disruptive to the surrounding neighborhood, are a source of unreasonable noise or noxious fumes, or violate county ordinances relating to the parking of commercial vehicles.

(c)  As used in this section, "home occupation" means a business operated from a residential dwelling by the owner-occupant of the residential dwelling.  "Home occupation" shall not include:

(1) Bed and breakfasts, transient vacation rentals, or other tourist accommodation businesses;

(2) Trade activities, including carpentry; or

(3) Halfway houses."

SECTION 2.  If a county ordinance for halfway houses conflicts with any provision of this Act, the county ordinance shall prevail; provided that nothing in this Act shall be deemed to prevent the department of health from imposing any noise permit requirements on the owner of any home occupation.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2025.