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I bought a land in HPP last year. The previous owner had 2 building permits filed for a manufactured home and an ohana dwelling in 1993. It seems that I "inherited" these 2 permits as it still shows on the Tax Property Office website last time I checked. I'm planning to build a package house recommended by one of our web member but I want to gather more info about what to do with these 2 permits before I start dealing with the home package manufacturer. Of course I will have to start clearing the land, find contractors to put up the package home, electrician/plumbing experts, build water catchments and septic tank. These will be my retirement home in 2-3 years and two of my closest friends are already settled in HPP for years and are willing to assist me when I finally start transitioning to the island. Thank you for taking time to read my first post at Punaweb.
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1. Does the building actually exist today?
2. The following code sections assume County will follow their own rules.
3. Good luck.
Section 17-18: Application for permit
(e) Expiration. Every permit issued by the administrative authority under the provisions of this code shall expire by limitation and become null and void, if the work authorized by such permit is not commenced within one hundred twenty days from the date of issuance, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred twenty days; provided, however, that a permit issued for work on construction having a valid building permit, shall expire only when such building permit expires.
Where a permit expires, before work can be recommenced, a new permit shall be obtained, and the fee shall be one-half the amount required for a new permit, provided no changes have been made or will be made to the original plans and specifications of such work; and provided, further, that the suspension or abandonment has not exceeded one year.
Section 25-4-1: Existing buildings
Any building upon which construction was lawfully begun prior to December 7, 1996, or any subsequent amendments to this chapter may be completed and thereafter shall be considered an existing building at the time of the effective date of this chapter (December 7, 1996) or amendment.
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I'm wondering, how do 'they" know if 120 days have passed without the work commencing. Does anyone come out and check? I can foresee my not getting all my ducks in a row in time but I'd hate to have to reapply and repay for a permit when I'm making every effort to "commence." And I also wonder whether clearing and installing a septic system would count as commencing the work based on a building permit...
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They probably don't know. It's just included in the code for formal reasons. Maybe an inspector would "narc" on you, I don't know. For pragmatic reason, it's probably not a good idea to take forever building. Foundations can crack in the heat and then rain, and I've heard that borate doesn't remain in weathered lumber for very long, not to mention that framing lumber will actually start to crack and rot pretty quickly in the rain and sun. If you take a substantial break, the time to do it would be after the roof is on.
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The Building Department keeps tabs by inspections made to the project. No inspections in the system for 120 days is supposed to kick an "expiration letter" to the applicant and a reminder to the inspector. Perhaps the previous owner "schmoozed" the inspector to keep it open as long as it has. Another reason may be the original owner filed an "extension" for another 120 days when they received the expiration notice. You can do this each time you get the expire notice.
Putting another structure in place of the one approved renders the permit void, and another permit is issued for the correct structure. You may be able to talk them into a "revision" on the existing permit to swap what as approved in the beginning for your design instead.
Septic is inspected by the State Health Department, Which, I believe would make the Building Inspector clueless on your project.
If you do go owner/builder, plan on staying on site until you have a "lockable shell" as weather damage and theft are against you. You can go to mainland then to pick interior finishes to load up in your container with all your worldly goods as there is a very good chance (see theft comment above) when you return you have a place to store them.
Hopefully when you are building you will establish a good relationship with your neighbors so they can monitor things while you are away. A little payola or a good neighborly deed may be necessary to get good security.
Community begins with Aloha
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The permits generally do not expire if you have a "buddy" at the building department.
Assume the best and ask questions.
Punaweb moderator
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[quote]
Originally posted by kalakoa
1. Does the building actually exist today?
2. The following code sections assume County will follow their own rules.
3. Good luck.
Previous owner did not start construction on the lot. My realtor was telling me that the permit was grandfathered and the new ruling does not apply. Of course I have no way to verify her claim. I'm just excited to have a piece of land to build my home. Anyway I will learn the truth if I start on my project. But I probably start looking for a "buddy" at the building department just in case. [
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Previous owner did not start construction on the lot.
Safe to assume the permit is expired.
My realtor was telling me that the permit was grandfathered
Everyone is entitled to their opinion, what really matters is what happens when you file for your permits. If Planning says the old permits are "still open", ask them to reactivate and see what happens.
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On my current residence(old house built in 1972, never finaled) we successfully reactivated the permit. That was 10 years ago - no progress since then. I don't know if it's still open and no one has come around to check. I intend to turn over a new leaf with the new house and keep on it until it's built and finaled - famous last words.
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I bought a lot two 3 acre lots in orchidland. One had a permit already in place and when I went to pull a permit for a small argus home, they told me I had to apply for demo permit first... needlessly to say I sold the lots before the permit expired. But that was 10 years ago. Not sure how they are handling it now. Per usual, it probably depends on who you talk to in the building department.
