THE SENATE	S.B. NO.	94
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

Relating to building approvals.

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

     SECTION 1.  The legislature finds that section 132-9, Hawaii Revised Statutes, which authorizes the county fire chief to approve plans and specifications of any building before work may commence, has not been updated for many years.  The legislature also finds that the county building plan approval process differs from county to county and the State may also be involved in the approval process for buildings, equipment, materials, installations, or procedures.  Accordingly, the purpose of this Act is to ensure that the appropriate department or office is authorized to approve building plans for all new construction, alterations, or additions to any building or structure located within the State, and to approve equipment, materials, installations, or procedures associated with the plans.

     SECTION 2.  Section 132-9, Hawaii Revised Statutes, is amended to read as follows:

     "§132-9  Submission of building plans for approval.  Before work commences upon the construction of any [building of the types hereinafter enumerated,] new structure, or upon [an] a new alteration or new addition to any [building,] property or structure, or before any associated equipment, materials, installations, or procedures are expended, the plans and specifications for the work shall be submitted to the [county fire chief.] proper jurisdictional authority.  The proper jurisdictional authority shall mean the department, office, agency, or individual responsible for enforcing the requirements of the applicable code or standard at issue, and for approving equipment, materials, installations, or procedures associated with the proposed plans.  Neither the person causing the new construction, new alteration, or new addition [to be made, nor the person's architect or agent], or proposing equipment, materials, installations, or procedures shall authorize, order, or permit the work thereon to start and no contractor, builder, or other person may start the work, before approval of the plans and specifications by the [county fire chief.] proper jurisdictional authority.

     [The foregoing provisions shall be applicable to buildings, the whole or any part of which are being, or intended to be, used as:

(1) Hospitals, sanitariums, asylums, children's nurseries, and other such institutions;

(2) Hotels, apartment houses, rooming houses, and tenement houses; provided that when any such building to be constructed or upon which alterations or additions are to be made, is only one story high, with living accommodations permanently designated and intended for less than twenty-five persons, this section shall not apply;

(3) Schools, churches, auditoriums, halls, gymnasiums, dance halls, nightclubs, factories, office buildings, stores, and all other such buildings where persons work, congregate, or assemble; provided that when any such building to be constructed, or upon which alterations or additions are to be made, is only one story high, and is permanently designated and intended for a total accommodation at any one time of less than one hundred persons, this section shall not apply.]

     This section shall be applicable to the State and the counties, and other municipal subdivisions, and their officers, as well as to private persons."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Building Plans; Approvals; Jurisdictional Authority

Description:

Requires new building plans to be submitted to the proper jurisdictional authority for approval prior to the commencement of work.

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