(a) The city, all agencies thereof, and contractors therewith will be exempt from the requirement of paying plan review and permit fees.
(b) The building official may grant an exemption from the requirement of paying plan review and permit fees for any person seeking to restore or reconstruct a structure damaged or destroyed as a result of a major disaster.
For the purposes of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
(1) Major Disaster. Any hurricane, tornado, storm, flood, high water, tsunami, earthquake, volcanic eruption, landslide, mud slide, fire, explosion or other catastrophe occurring in any part of the city that causes damage, suffering, and loss to such a degree that:
(A) The President of the United States has declared, pursuant to the Disaster Relief Act of 1974, P.L. 93-288, that a major disaster exists such that the city or any part thereof is eligible for federal disaster assistance programs;
(B) The governor of the State of Hawaii has declared pursuant to HRS Chapter 209 that a major disaster has occurred;
(C) The mayor has issued a proclamation declaring the existence of a major disaster; or
(D) The council has adopted a resolution declaring the existence of a major disaster.
(2) Restore and Reconstruct. Any repair or other work performed to return a structure to its former condition that does not increase the floor area of the structure beyond that of the structure prior to the major disaster,
is in conformance with the building code, flood hazard regulations, land use ordinance, and other applicable laws, and is started within two years of the major disaster.
The burden of proof that work to be performed qualifies for an exemption from the payment of building permit fees due to a major disaster will be on the owner of the structure. An applicant filing for such exemption must certify in writing that the work to be performed will be in conformance with the requirements of this section.
(c) All owners and their contractors will be exempt from paying that portion of any building permit fee for permits issued after September 15, 1994, attributable to the installation of ultra-low flush toilets that they install on their properties to replace existing non-ultra-low flush toilets.
(d) The building official shall waive the collection of any building permit fee for a period of three years where the business has been certified to be a qualified business pursuant to § 35-1.3.
(e) The building official shall waive the collection of any building permit fee for any person seeking to replace a dilapidated dwelling unit located on homestead land leased under the Hawaiian Homes Commission Act of 1920. For the purposes of this section:
(1) Dilapidated Dwelling Unit. Any residential home that has significantly deteriorated because of age, termites, or other causes, which make the home unsafe, uninhabitable, or unhealthy;
(2) The burden of proof that a dwelling unit is dilapidated and qualifies for an exemption from the payment of building permit fees will be on the owner of the unit. An applicant filing for such exemption shall attach acceptable proof that the dwelling unit is dilapidated to the building permit application; and
(3) The replacement home may increase the floor area of the originally demolished or removed structure.
(f) The building official shall waive the collection of any plan review and building permit fees exclusively for the creation of an “accessory dwelling unit,” as defined in § 21-10.1. The plan review and building permit fees that were collected for the creation of “accessory dwelling units” after September 14, 2015, will be reimbursed if requested by the permittee. Building permit fees and plan review fees will not be waived where a permit was required and work started or proceeded without obtaining a permit. In these cases, fees will be required pursuant to § 18-6.2(d).
(g) The building official shall waive the collection of the plan review and building permit fees for the residential portion of a project equal to:
(1) The percentage of affordable dwelling units as defined in and as provided within the project pursuant to Chapter 29; or
(2) The percentage of affordable dwelling units provided pursuant to a planned development-transit permit pursuant to § 21-9.100-10, or an interim planned development-transit permit pursuant to § 21-9.100-5.
(h) The building official shall waive the collection of the plan review and building permit fees for the residential portion of a project that is in compliance with HRS § 201H-36(a)(5).
(i) The building official shall waive the collection of the plan review and building permit fees for the portion of an affordable rental housing project equal to the percentage of affordable rental housing units that:
(1) Are rented to households earning 100 percent and below of the AMI; and
(2) For a period of at least 15 years after a certificate of occupancy is issued for the affordable rental housing project, the affordable units are rented at or below the rental rate limits established by the United States Department of Housing and Urban Development for households earning 100 percent of the AMI for the applicable household size;
pursuant to Chapter 32.
(j) The building official shall waive the collection of that portion of any plan review and building permit fee attributable to the installation of automatic fire sprinkler systems for the suppression of fire in existing high-rise residential buildings. For the purposes of this section, “existing high-rise residential building” means any building that has floors used for human occupancy located more than 75 feet above the highest grade, contains dwelling units, and was erected prior to 1993.
(Sec. 18-6.5, R.O. 1978 (1987 Supp. to 1983 Ed.)) (1990 Code, Ch. 18, Art. 6, § 18-6.5) (Am. Ords. 88-41, 93-59, 94-28, 94-67, 96-58, 98-54, 06-16, 08-1, 13-1, 16-19, 18-1, 18-8, 19-8, 20-11, 20-13)
Editor’s note:
* Amendments made to Section 18-6.5 in Ord. 16-19, as amended by Ord. 17-30, as amended by Ord. 20- 20, including Section 18-6.5(f) will be repealed on June 30, 2025, in accordance with Ord. 16-19, as amended by Ord. 17-30, as amended by Ord. 20-20. Section 18-6.5(g) and Section 18-6.5(h) will be repealed on June 30, 2027, in accordance with Ord. 18-1. Section 18-6.5(i) will be repealed on May 21, 2024, in accordance with Ords. 18-1 and 19-8.