HOUSE OF REPRESENTATIVES
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO AGRICULTURAL BUILDING PERMITS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that compliance with existing building codes and permitting processes adversely affects the State's commercial agriculture and aquaculture industries by adding significant time and costs to farming and ranching enterprises for such fundamental activities as constructing or installing greenhouses, shade houses, storage containers, and many other agricultural and aquacultural buildings and structures, which, by their nature or location, pose little risk to life or property. In contrast to building codes in many other states, county building codes in Hawaii generally do not distinguish between low-risk agricultural structures and residential or commercial buildings. Ultimately, this situation results in excessive costs to attain code compliance. Act 114, Session Laws of Hawaii 2012, may help to reduce the cost and time spent applying for building permits for specified nonresidential agricultural and aquacultural buildings and structures and their appurtenances, but Act 114 does not offer relief from county building code requirements.
The purpose of this Act is to encourage and support diversified agriculture and agricultural self-sufficiency in the State by providing, under certain circumstances, an exemption from building code and permit requirements for nonresidential buildings or structures on commercial farms and ranches located outside the urban district.
SECTION 2. Section 46-88, Hawaii Revised Statutes, is amended to read as follows:
§46-88[ ]] Agricultural and aquacultural
buildings and structures; no building permit required. (a) [ Each] Notwithstanding any law to the
contrary, each county shall establish an agricultural buildings and
structures exemption list consisting of buildings and structures that
are exempt from existing building permit requirements. The list shall be
established by each county no later than January 1, 2013. Agricultural
buildings, structures, or appurtenances thereto, which are not used as dwelling
or lodging units, may be exempted from existing building permit and building
code requirements where they are no more than [ 1,000] one
thousand square feet in floor area[ ;] or, if greater than one
thousand square feet in floor area and compliant with building code
requirements or prescriptive construction standards, may be exempted from
building permit requirements pursuant to subsection (d); provided that [ the]:
(1) The aggregate floor area of the
exempted agricultural building[
, structure, or appurtenance thereto]
shall not exceed [ 5,000]:
(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) Ten per cent of the acreage per
zoning lot for lots greater than five acres; [
(2) The minimum horizontal separation
between each agricultural building, structure, or appurtenance thereto is
, and the];
(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; [
provided further that: (1)] (4) The agricultural building,
structure, or appurtenance thereto is 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;
Upon completion 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 thirty days of the completion of the
building, structure, or appurtenance thereto. Failure to provide such written
notice may void the building permit exemption, which voidance for such failure
is subject to the sole discretion of the appropriate county building permitting
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[ ; and] 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;
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.
purposes of subsection (a), the following buildings [
structures, and appurtenances thereto shall be included in each county's
agricultural [ building] buildings and structures exemption list[ :]
and shall be exempt from county building permit and code requirements:
manufactured pre-engineered commercial buildings and structures consisting of
no more than [
1,000] one thousand square feet [ that have no
electrical power and have no potable water, sewage, or other plumbing related
services, or have such electrical or plumbing related services installed and
inspected in accordance with subsection (a)(3) and (4)];
(2) Single [
alone] stand-alone recycled ocean shipping or cargo containers that are
used as nonresidential commercial buildings;
1,000] one thousand square foot floor area restriction in
subsection (a), agricultural shade cloth structures, cold frames, or
greenhouses not exceeding [ 20,000] twenty thousand square feet in
area per structure; provided that where multiple structures are erected, the
minimum horizontal separation between each shade cloth structure, cold frame,
or greenhouse is fifteen feet;
(4) Aquacultural or aquaponics structures, including above-ground water storage or production tanks, troughs, and raceways with a maximum height of six feet above grade, and in-ground ponds and raceways, and piping systems for aeration, carbon dioxide, or fertilizer or crop protection chemical supplies within agricultural or aquacultural production facilities;
(5) Livestock watering tanks, water piping and plumbing not connected to a source of potable water, or separated by an air gap from such a source;
(6) Non-masonry fences not exceeding ten feet in height and masonry fences not exceeding six feet in height;
(7) One-story masonry
or wood-framed buildings or structures with a structural span of less than
twenty-five feet and a total square footage of no more than [
thousand square feet, including farm buildings used as:
(C) Farm production buildings including aquaculture hatcheries and plant nurseries;
(D) Storage buildings for farm equipment or plant or animal supplies or feed; or
(E) Storage or processing buildings for crops; provided that the height of any stored items shall not collectively exceed twelve feet in height and the storage of any hazardous materials shall comply with any and all applicable statutes, regulations, and codes;
(8) Raised beds containing soil, gravel, cinders, or other growing media or substrates with wood, metal, or masonry walls or supports with a maximum height of four feet; and
(9) Horticultural tables or benches no more than four feet in height supporting potted plants or other crops;
provided that the
buildings, structures, and appurtenances thereto comply with all applicable
state and county [
codes, including but not limited to applicable building,
fire, health, safety, and] zoning codes and are properly anchored.
event that] If a county fails to establish the agricultural
buildings and structures exemption list within the time period as required
under subsection (a), the buildings and structures specified in subsection (b)
shall constitute that county's agricultural [ building] buildings and
structures exemption list.
(d) For purposes of subsection (a), and notwithstanding the one thousand square foot floor area restriction in subsection (a), the following buildings, structures, and appurtenances thereto shall be exempt from building permit requirements when compliant with relevant building codes or county, national, or international prescriptive construction standards:
(1) Nonresidential manufactured pre-engineered and county pre-approved commercial buildings and structures consisting of a total square footage greater than one thousand square feet but no more than eight thousand square feet; and
(2) One-story wood-framed or masonry buildings or structures with a structural span of less than twenty-five feet and a total square footage greater than one thousand square feet but no more than eight thousand square feet constructed in accordance with county, national, or international prescriptive construction standards, including buildings used as:
(C) Farm production buildings, including aquaculture hatcheries and plant nurseries;
(E) Storage or processing buildings for crops; provided that the height of any stored items shall not collectively exceed twelve feet in height and the storage of any hazardous materials shall comply with all applicable statutes, regulations, and codes.
As used in this section:
"Agricultural building or aquacultural building" means a nonresidential building or structure located on a commercial farm or ranch constructed or installed to house farm or ranch implements, agricultural or aquacultural feeds or supplies, livestock, poultry, or other agricultural or aquacultural products, used in or necessary for the operation of the farm or ranch, or for the processing and selling of farm or ranch products.
"Agricultural operation" means the planting, cultivating, harvesting, processing, or storage of crops, including those planted, cultivated, harvested, and processed for food, ornamental, grazing, feed, or forestry purposes, as well as the feeding, breeding, management, and sale of animals including livestock, poultry, honeybees, and their products.
"Appurtenance" means an object or device in, on, or accessory to a building or structure, and which enhances or is essential to the usefulness of the building or structure, including but not limited to work benches, horticultural and floricultural growing benches, aquacultural, aquaponic, and hydroponic tanks, raceways, troughs, growbeds, and filterbeds, when situated within a structure.
"Aquacultural operation" means the propagation, cultivation, farming, harvesting, processing, and storage of aquatic plants and animals in controlled or selected environments for research, commercial, or stocking purposes and includes aquaponics or any growing of plants or animals in or with aquaculture effluents.
"Manufactured pre-engineered commercial building or structure" means a building or structure whose specifications comply with appropriate county codes, and have been pre-approved by a county or building official.
"Nonresidential building or structure" means a building or structure that is used only for agricultural or aquacultural operations, including an agricultural building or aquacultural building, and is not intended for use as, or used as, a dwelling.
This section shall not apply to buildings or structures otherwise exempted from
building permitting or building code requirements by applicable county
This section shall not be construed to supersede public or private lease
This section shall not apply to the construction or installation of any
building or structure on land in an urban district."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2013; provided that the amendments to section 46-88(a)(1), Hawaii Revised Statutes, in section 2 of this Act shall be repealed on July 1, 2016, and section 46-88(a)(1), Hawaii Revised Statutes, shall be reenacted in the form in which it read on June 30, 2013.
Agricultural Building Permits; Exemptions
Provides, under certain circumstances, an exemption from building code and permit requirements for nonresidential buildings or structures on farms. Effective July 1, 2013. (HB489 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.