|
THE SENATE |
S.B. NO. |
2178 |
|
TWENTY-SEVENTH LEGISLATURE, 2014 |
S.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO ENERGY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 196-8.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§196-8.5[]] Placement
of clotheslines. (a) Notwithstanding any law to the contrary, no person
shall be prevented by any covenant, declaration, bylaws, restriction, deed,
lease, term, provision, condition, codicil, contract, or similar binding
agreement, however worded, from installing a clothesline on any [single-family]
residential dwelling, apartment, condominium, or townhouse that the
person owns. Any provision in any lease, instrument, or contract contrary to
the intent of this section shall be void and unenforceable.
(b) Every private entity may adopt rules that
reasonably restrict the placement and use of clotheslines for the purpose of
drying clothes on the premises of any [single-family] residential
dwelling, apartment, condominium, or townhouse; provided that those
restrictions do not prohibit the use of clotheslines [altogether.];
provided further that, for a multi-story apartment or condominium structure,
the private entity may restrict the placement and use of clotheslines on a
balcony or lanai to no higher than the height of the exterior wall or railing
of the balcony or lanai. A reasonable restriction is any restriction that is
necessary to protect:
(1) Public health and safety, including but not limited to ensuring safe access to and rapid evacuation of buildings;
(2) Buildings from damage;
(3) Historic or aesthetic values, when an alternative of reasonably comparable cost and convenience is available; or
(4) Shorelines under shoreline setback provisions pursuant to section 205A-43.
No private entity shall assess or charge any homeowner any fees for the placement of any clothesline."
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 Statutory material to be repealed is bracketed and stricken.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.
Report Title:
Household Energy Demand; Clotheslines; Reasonable Restrictions
Description:
Permits the installation of clotheslines in any residential dwelling, apartment, condominium, or townhouse. Defines a reasonable restriction on the placement and use of clotheslines as any restriction that is necessary to protect public health and safety, buildings from damage, historic or aesthetic values, and shorelines under certain circumstances. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.