Posts: 1,066
Threads: 51
Joined: Jan 2014
"...driving the thread back into the usual ditch."
And each time I see a new post, I come here hoping for some info on my original request...
Posts: 14,113
Threads: 424
Joined: Aug 2012
I believe the certification is State, so the plans needn't come from the Big Island, maybe someone on Oahu not "too busy" to draw them.
Posts: 31
Threads: 6
Joined: Nov 2021
That is correct, the phrase used in the code is
"a duly licensed architect or professional engineer in the State of Hawai‘i"
So can be anyone in licensed in the State of Hawaii..
I found this company in Oahu,, ( have not talked to him yet) but he has a lot of good info in his You Tube Videos.
Prowork Pacific Inc
https://www.proworkpacifichi.com/
seems to do a lot of high end work,, but he is also a third party permit reviewer for the Oahu building dept. So he should know the process well.
I also found stuff in the code that says if the estimated cost of the building is less thna $40,000, then you do not need stamped plans....
in that case a draftman could do them becasue they are not licensed..
a garage should cost less thna that...
here is one of the videos that explans difference form architect and draftsman.
https://www.youtube.com/watch?v=ozJA8CbCtcs&ab_channel=ProworkPacificInc.
Posts: 409
Threads: 36
Joined: Aug 2010
(12-17-2022, 12:32 AM)tikicarver Wrote: I also found stuff in the code that says if the estimated cost of the building is less thna $40,000, then you do not need stamped plans....
in that case a draftman could do them becasue they are not licensed..
Please reference this section. I'm interested in building cheap, simple, durable tiny homes, with estimated cost of building less than $40k. Not needing an engineered stamp on every one would be nice.
Posts: 4,904
Threads: 83
Joined: Feb 2009
Posts: 31
Threads: 6
Joined: Nov 2021
01-08-2023, 08:00 AM
(This post was last modified: 01-08-2023, 08:55 AM by tikicarver.)
that last reference is talking about exemptions for Agricultural buildings. building a tiny house or garage do not qualify as an Ag Building.
to answer the above reply
this is from the State Code, says do not need architect stamp if cost less thna $40,000
google - Hawaii Revised Statutes Chapter 464-EASLA
§464-13 Structures exempted from provisions of chapter. (a) The provisions of this
chapter shall not apply to work in respect to any privately owned or privately controlled
one-storied building, dwelling, or structure, the estimated cost of which does not exceed $40,000,
nor to any privately controlled two-storied building, dwelling, or structure, the estimated cost of
which does not exceed $35,000. However, no structure, dwelling, or building in which the
principal structural members consist of reinforced concrete or structural steel having riveted,
bolted, or welded connections shall be exempted from this chapter.
(b) The provisions of this chapter shall not apply to work in respect to any privately
owned or privately controlled one-storied structure, which is used primarily as a residence, the
estimated cost of which does not exceed $50,000, nor to any privately owned or privately
controlled two-storied structure, which is used primarily as a residence, the cost of which does not
exceed $45,000.
© Whenever the exemption provided for in subsection (b) is applied to the
construction of a new building, it shall be noted and recorded with the bureau of conveyances.
Posts: 14,113
Threads: 424
Joined: Aug 2012
building a tiny house or garage do not qualify as an Ag Building
Permits not required for structures smaller than a specified square footage (per zoning; 120sf in R, 600sf in A) provided they are without plumbing or electrical, not used for habitation, and correctly situated (outside of setbacks, and far enough apart from other structures).
HRS 215 carves out additional exemptions for ag structures on ag-zoned lots that are 1 acre or larger, especially where these are "pre-engineered" (shipping containers, greenhouse from a kit). Permits required from County for any plumbing/electrical, the mayors lobbied for this requirement out of fear that people would use the State-level exemptions to end-run the County permitting process.
Reality on the ground is that County will make it up as they go along, but only if you attract their attention somehow (eg, neighbors complain).
Latest building code includes extensive regulations for "tiny homes", these may be relevant.
Posts: 409
Threads: 36
Joined: Aug 2010
01-25-2023, 04:01 PM
(This post was last modified: 01-25-2023, 06:41 PM by dobanion.)
kalakoa, I do remember that letter from the county that "officially" stated the sq/ft limitation for structures (600 for A, 120 for R) based on zoning. That came out before they then "reclassified" all the Ag lots under 1 acre to R, but not really. It was weird, and hard to explain. If I recall it was just for some specific purpose, and that underneath they were still Ag as before. Sorry if I'm not explaining well, hopefully someone here can do it better. All I know is my tax statement says R now, not Ag, and my taxes have tripled.
So, did they manage to make the 300 sq/ft shed I had go from legal to illegal after the fact?
EDIT:
Answered (most) of my own question with a google search:
https://www.hawaiipropertytax.com/docs/C...EB-19).pdf
Still doesn't make it 100% clear if the 600 sq/ft limitation still applies or if I got bumped down to 120 sq/ft when this happened.
Posts: 14,113
Threads: 424
Joined: Aug 2012
The tax change "does not affect the zoning and permissible uses" (quoting the underlined section near the top).
The statement "consistent with State law which permits single-family residential use on properties less than 1 Acre" is inaccurate; "primary dwelling by right" applies to all ag-zoned lots created before 1973, prior to which this zoning "loophole" was used to create all the substandard private subdivisions we know and love. In theory, the owner of a post-1973 Ag lot could petition County to revert their tax class to Ag, and would have grounds to sue, the State Supremes touched on this issue recently, very amusing in its way.
A pre-1973 Ag property would lose its "primary dwelling by right" entitlement if it were subdivided again after 1973. Whether there can be an "original part" that retains that right is a question for legal scholars; I believe all newly-created lots are assigned new TMKs and would therefore be considered new lots.
Absent a "primary dwelling by right", any dwelling is a "farm dwelling" subject to the rules and regulations thereof (eg, must be attached to a working farm). This creates a different loophole which is also being "abused".
Generally, if you're away from pavement and uptight neighbors, it's "do as thou wilt shall be the whole of the zoning".
Posts: 1
Threads: 0
Joined: May 2023
05-09-2023, 06:42 AM
(This post was last modified: 05-09-2023, 06:43 AM by Mharris.)
(12-10-2022, 08:52 PM)tikicarver Wrote: (11-21-2022, 08:26 PM)Chas Wrote: I look at like this. Follow ALL the rules, then the pesky neighbors are frustrated and wasting THEIR time when they try to object.
Proving you are following someone else's rules frustrates me and wastes MY time.
Aloha Chas
I am inthe same situation. Need to build a workshop/garage.
From my research it needs to be permited . County webite specifically says a garage needs a permit, I can post the reference later,
Do you have any luck finding someone to draft plans?
ron Hey there Tikicarver. If you need someone to draft for you I can be of service. If interested get back to me. My name is Michael Harris (michael.joe.harris.3D@gmail.com)
(11-19-2022, 01:50 AM)Chas Wrote: Looking to build a garage and can't find anyone to draw plans to submit to county. HPM too busy, Hilo Drafting too busy. Seems like everyone is too busy.
Anyone have any past experience they can share? Thanks. Hey there Chas. If you need someone to draft for you I can be of service. If interested get back to me. My name is Michael Harris (michael.joe.harris.3D@gmail.com)
|