HOUSE OF REPRESENTATIVES

H.B. NO.

1230

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to building permits.

 

 

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-     Agricultural and aquacultural structures; no building permit required.  (a)  Notwithstanding any law to the contrary, no county shall require a building permit for the construction of low risk nonresidential temporary or permanent structures used for agricultural or aquacultural operations; provided that:

(1) The tenant agrees to defend, indemnify, and hold harmless, the State and any of its agencies, officers, and employees, from and against all liability, loss, damage, cost and expense, including attorneys' fees and costs, and all claims, suits, and demands therefore, arising out of or resulting from the failure to obtain building permits, and waive any statutory or other immunity from liability that may be asserted by the tenant to limit the tenant's obligation to so defend, indemnify, and hold harmless, the State and any of its agencies, officers, and employees; and

(2) Any permanent structure constructed pursuant to this section shall be designed and engineered according to the latest version of the International Building Code, as published by the International Code Council.

(b)  As used in this section:

"Agricultural" means relating to the planting, cultivating, harvesting, and processing of crops, including those planted, cultivated, harvested, and processed for food, ornamental, grazing, or forestry purposes.

"Aquacultural" means relating to the propagation, cultivation, or farming of aquatic plants and animals in controlled or selected environments for research purposes, commercial purposes, or stocking purposes.

"Low risk" means any structure 1,500 square feet or smaller.

"Temporary structure" means a building that is ancillary to the agricultural or aquacultural operation and is not designed to remain permanently in place, such as recycled ocean shipping and cargo containers, modular structures, agricultural cold frames, and storage sheds."

SECTION 2.  New statutory material is underscored.

SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Building Permits; Agricultural and Aquacultural Structures

 

Description:

Exempts from county building permit requirements construction of low risk nonresidential and aquacultural structures, under certain conditions.

 

 

 

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