In general a permit is required for all building, electrical, and plumbing work on or to a building or structure. This is includes the following:

• New Constructions
• Additions or Alterations
• Repairs and Renovations
• Demolitions
• Moving a building or structure from one location to another (even if it is on the same property)

For more information, please refer to Sections 5-3-1 through 5 of Chapter 5 Construction Administrative Code.

• Section 5-3-1. Permit required; generally.
• Section 5-3-2. Factory-built housing.
• Section 5-3-3. Relocation of buildings.
• Section 5-3-4. Temporary permits; required.
• Section 5-3-5. Separate permit; required.

Section 5-3-1. Permit required; generally.

1. Except as provided in division 2, no person shall perform any of the following work or cause or permit the same to be done on any building or structure in the County, without first obtaining a permit for this work from the authority having jurisdiction:
   1. Erect, construct, enlarge, alter, repair, relocate, improve, remove, convert, or demolish any building or structure;
   2. Erect, install, enlarge, alter, repair, remove, convert, or replace any electrical work; or
   3. Erect, install, enlarge, alter, repair, remove, convert, or replace any plumbing, fire sprinkler, gas, or drainage piping work, or any fixture, gas appliance, water heating, or water treating equipment.
2. A permit shall be required for, but not limited to, the following:
   1. Gas tanks and piping. Installation, removal, alteration, repair, or replacement of all gas tanks and piping on private property.
   2. Handicap accessible routes. Construction or renovation of handicap accessible routes from parking lot to building or from building to building on a lot.
   3. Retaining walls. Erection, construction, enlargement, alteration, repair, moving, conversion, or demolition of retaining walls four feet and higher. Stepped or terraced retaining walls within eight feet of each other are considered to be one wall when determining wall height.
   4. Solar photovoltaic systems. Complete new installations of all solar photovoltaic residential and nonresidential systems, or the replacement of an existing system with all new components, or relocation of panels from roof to ground or vice versa.
   5. Solar water heating systems or components. Complete new installations of all solar water heating systems, the complete replacement of existing system with all new components, or relocation of panels from roof to ground or vice versa.
   6. Television or radio communication towers. Erect, construct, enlarge, alter, repair, relocate, convert, or demolish any television or radio communication tower that is not regulated by the public utilities commission.
   7. Water tanks or catchments. Installation, removal, alteration, repair, or replacement of water tanks or catchments intended for potable use, household use, or fire protection, regardless of height or size. For additional requirements where water tank or catchment systems are used as means of fire protection, see chapter 26, Hawai`i County Code.
   8. Air conditioning systems. Installation, removal, alteration, repair, or conversion of any heating, ventilation, or air conditioning system.

(2020, ord 20-61, sec 2.)

Section 5-3-2. Factory-built housing.

1. No person shall perform any of the following work or cause or permit the same to be done on any factory-built housing in the County, without first obtaining a permit for this work from the authority having jurisdiction:
   1. Manufacture, install, erect, construct, enlarge, alter, repair, relocate, improve, remove, convert, or demolish any factory-built housing;
   2. Manufacture, erect, install, enlarge, alter, repair, remove, convert, or replace any electrical work; or
   3. Manufacture, erect, install, enlarge, alter, repair, remove, convert, or replace any plumbing, fire sprinkler, gas, or drainage piping work, or any
2. To obtain a permit, an applicant shall comply with sections: 5- 4- 1; 5- 4- 2, 5- 4- 31 5- 4- 41 5- 4- 51 5- 4- 61 5- 4- 7, and 5- 4- 8.
3. For the purposes of this section, " manufacture" means the process of making, fabricating, constructing, forming, or assembling a FBH at a place other than the building site

(2020, ord 20-61, sec 2.)

Section 5-3-3. Relocation of buildings.

1. A permit is required to relocate a building pursuant to section 5- 3- 1.
2. Buildings moved into or within the jurisdiction shall comply with the provisions of the construction code for new structures. Exception: R3 dwellings are exempted from this subsection but existing plumbing and electrical systems contained within R3 dwellings shall be brought up to current code.
3. No permit shall be issued to relocate any dwelling, accessory to a dwelling, or portion thereof, that has sustained substantial damage. As used in this section, " substantial damage" means damage of any origin sustained by a structure, whereby the cost of restoring the structure to its undamaged condition would equal or exceed fifty percent of the market value of the structure before damage occurred.
4. Except as otherwise provided in subsection (b), the foundation, plumbing, and electrical work at the final destination of the relocated building shall comply with the provisions of the construction code for new structures and shall comply with flood hazard regulations, land use ordinances and all other applicable laws.

(2020, ord 20-61, sec 2.)

Section 5-3-4. Temporary permits; required.

1. The authority having jurisdiction may authorize a permit for temporary structures and temporary uses. A temporary permit for tents and similar structures shall be limited to a period of not more than one hundred eighty consecutive days unless regulated by the fire code. The authority having jurisdiction may grant one or more extensions of time for additional periods not exceeding ninety consecutive days each. Prior to the deadline, requests for extension shall be filed in writing with the authority having jurisdiction, and demonstrate that circumstances beyond the applicant' s control justify granting the extension request. A $50 fee is required for a temporary permit.
2. A temporary permit shall be required for, but not limited to, installation or construction of the following structures for a period of not more than one hundred eighty consecutive days:
   1. A tent or similar structure which is to be used for commercial or religious purposes, such as rallies, festivals, amusements and sideshows;
   2. Props for films, television, or live plays and performances; or
   3. Structures, buildings, platforms, construction trailers, water tanks, or fences used during the construction of a permitted structure.
3. Tents of canvas, plastic or similar material shall not be used as a residence.
4. The grant of a temporary permit pursuant to this section shall not be deemed to grant authorization for any electrical or plumbing work to be done in a manner that violates the provisions of the construction code or any other applicable laws.
5. The permit may be canceled for cause by the authority having jurisdiction or the fire department at any time before expiration of the time stated in the permit. Upon such cancellation or upon the expiration of the time stated therein, the structure or structures shall be promptly removed.

(2020, ord 20-61, sec 2.)

Section 5-3-5. Separate permit; required.

A separate permit shall be required for each building or structure, provided that one permit may be obtained for:

1. Building or constructing a dwelling and its accessories, such as a fence, wall, pool, and a garage;
2. Electrical work for a dwelling and a private garage, shed, or accessory building located on the same premises as the main building, and supplied electrical power by a feeder or circuit from the main building; and
3. Plumbing work for a dwelling and a private garage, shed, or accessory building located on the same premises as the main building and served by the same building water supply and building sewer as that serving the main building.

(2020, ord 20-61, sec 2.)

Sections 5-3-21 through 25 of Chapter 5 Construction Administrative Code detail when a permit is not required.

• Section 5-3-21 Permit exemptions
• Section 5-3-22 Building work; exempt
• Section 5-3-23 Electrical work; exempt
• Section 5-3-24 Plumbing work; exempt
• Section 5-3-25 Emergency work; exempt

Section 5-3-21 Permit exemptions

1. Any person who is undertaking an action that is exempted from the requirement for a permit may be required to obtain a declaration from the authority having jurisdiction that the proposed action:
   1. Is exempt from the requirement to obtain a permit;
   2. Complies with chapter 27, relating to flood control; and
   3. Complies with chapter 205A, Hawaii Revised Statutes, relating to special management areas.
2. Exemption from the permit requirements of the construction code shall not be deemed to authorize violation of other provisions of this code or other applicable laws.

(2020, ord 20-61, sec 2.)

Section 5-3-22 Building work; exempt

1. A permit shall not be required for any of the following building work, provided no electrical work or plumbing work is proposed:
   1. Installation and/or construction of:
      1. Awnings projecting up to four feet and attached to the exterior walls of buildings of Group R-3 or U Occupancy; provided that the awnings do not violate the provisions for" yards" in chapter 25 ( zoning), Hawaii County Code; or
      2. Cabinets or wall mounted shelving not affecting fire resistance or structural members of walls for R-3 Occupancy and individual units of R- 1, R-2, and U Occupancies which are not regulated under cooking unit clearances of the construction code. Cooking unit clearances refers to clearances between cooking surfaces and combustible materials, including but not limited to cabinets; or
      3. Detached decks or platforms that are less than thirty inches in height above grade. Buildings cannot violate the provisions for" yards" in chapter 25 zoning). Verify setback requirements with the planning department; or
      4. Detached one- story accessory structures of U occupancy, used as a tool shed, storage shed, gazebo, playhouse, animal shed, or for a similar use, provided:
         1. The structures are located on residential zoned land;
         2. The total floor area of the accessory structures does not exceed two hundred square feet and is not greater than fifteen feet above finish grade; and
         3. The building is not located less than ten feet from the property line or other structures; and does not violate the provisions for" yards" in chapter 25 ( zoning). Structures shall be limited as defined per chapter 25; or
      5. Standard electroliers not over thirty-five feet in height above finish grade; or
      6. Fences six feet or less in height; or
      7. Floor covering; or
      8. Playground equipment, excluding assembly or similar waiting areas; or
      9. Re-roofing work with like material and installation of siding to existing exterior walls which will not affect the structural components of the walls for Groups R-3 and U Occupancies; or
      10. Wallpaper or wall coverings which are exempted under the provisions of section 801. 1, Interior Finishes, chapter 8, IBC; or
      11. Water features and swimming pools less than twenty-four inches in depth, for one and two-family dwelling units; or
      12. Wells and reservoirs pursuant to chapter 178, Hawaii Revised Statutes; or
      13. Television and radio equipment( i.e. antenna, dishes) accessory to R-3 Occupancies. Supports or towers for television and radio equipment six feet or less in height; or
      14. Air conditioners that are: in Residential R-3 Occupancy, window-mounted, and do not impair emergency egress; or portable air conditioning systems; or
   2. Installation and/or construction of temporary tents or other coverings used for private family parties or for camping on approved campgrounds, in accordance with article 4 ( camping), and article 5 ( picnics) of chapter 5; or
   3. Painting and decorating; or
   4. Repairs, excluding any installation or construction work otherwise exempted in subsection (a), that involve only the replacement of component parts or existing work with similar materials for the purpose of maintenance and do not cost over 7, 500 per structure in any twelve-month period, and do not affect or modify any existing electrical or mechanical installations. Repairs that cost over$ 7, 500 per structure in any twelve-month period or that include additions, changes, or modifications to construction or structures, exit facilities, permanent fixtures, or equipment shall not be exempted from this section; or
   5. Replacement of solar water heating components (i.e. panels, tanks) in the same location and of the same type; or
   6. Agricultural buildings, structures, and appurtenances exempt from building permit and building code requirements pursuant to section 46- 88, Hawai`i Revised Statutes; or
   7. Work located primarily in a public way, public utility towers, bridges, poles, mechanical equipment not specifically regulated in the construction code, and hydraulic flood control structures; or
   8. Work performed under the jurisdiction or control of the:
      1. State department of transportation at state harbors, pursuant to section 266- 2, Hawai`i Revised Statutes; or
      2. State department of accounting and general services.
2. The foregoing exemptions from permit requirements shall not be deemed to:
   1. Allow any building work to be done in a manner contrary to other provisions of the construction code; or
   2. Authorize violation of article 3, pertaining to other work, or of other applicable laws.

(2020, ord 20-61, sec 2.)

Section 5-3-23 Electrical work; exempt

1. A permit shall not be required for the following electrical work:
   1. Electrical work and installations to which the provisions of this chapter and chapter 5D, the electrical code, are expressly declared to be not applicable.
   2. Existing electrical installations which complied with the applicable laws in effect when the electrical work thereon was performed, provided that such installations shall be subject to the provisions of section 5D- 2- 3.
   3. Installation of any portable motor or other portable appliance energized by means of a cord or cable, having an attachment plug, if such cord or cable is permitted by chapter 5D, the electrical code.
   4. Repair of any fixed motor, water heater, air conditioning controls, or other appliance, or replacement of any fixed motor with another having the same horsepower rating and situated at the same location.
   5. Replacement of receptacles and switches to tamper-resistant receptacles and switches.
   6. Maintenance work by a licensed electrician pursuant to chapter 448E, Hawai`i Revised Statutes, provided, that maintenance work that involves or requires the repair, replacement, or rearrangement of wiring does require a permit as it is not included in this exemption.
2. The provisions of the foregoing exemptions shall not apply to any repairs or replacement of electrical devices, apparatus, or appliances which were originally installed without a permit, when such permit is required for the original installation, or when energized by or a part of any hazardous or illegal wiring system.
3. The foregoing exemptions from permit requirements shall not be deemed to:
   1. Allow any electrical work to be done in a manner contrary to other provisions of the construction code; or
   2. Authorize violation of chapter 5D, the electrical code, or other applicable laws.

(2020, ord 20-61, sec 2.)

Section 5-3-24 Plumbing work; exempt

1. A permit shall not be required for the following plumbing work:
   1. Plumbing work and installations to which the provisions of this chapter and chapter 5F, the plumbing code, are expressly declared to be not applicable.
   2. Clearing stoppages or repairing leaks in pipes, valves, or fixtures, when such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures.
   3. Replacement or repair of disposals, faucets, and fixtures, to include sinks and water closets, for non-commercial residential and County of Hawai`i government occupancies only. Repairs that involve or require the replacement or rearrangement of valves or pipes do require a permit as they are not included in this exemption. All repair or replacement work shall be done by licensed plumbers in accordance with section 444, Hawai`i Revised Statutes.
   4. Maintenance work by a licensed plumber pursuant to chapter 448E, Hawai`i Revised Statutes, provided, maintenance work that involves or requires the repair, replacement, or rearrangement of valves or pipes requires a permit as it is not included in this exemption.
2. The foregoing exemptions from permit requirements shall not be deemed to:
   1. Allow any plumbing work to be done in a manner contrary to other provisions of the construction code; or
   2. Authorize violation of chapter 5F, the plumbing code, or other applicable laws.

(2020, ord 20-61, sec 2.)

Section 5-3-25 Emergency work

1. Emergency work may commence in compliance with section 5- 4- 2, without a permit. However, the applicant shall notify the authority having jurisdiction of such emergency work on the workday immediately following the day the emergency work is commenced. This notification shall be made in writing. An application for a permit for the emergency work shall be filed with and appropriate fees, pursuant to 5- 7- 3, paid to the authority having jurisdiction within fourteen days of the commencement of the emergency work. The authority having jurisdiction may grant one or more extensions of time for additional periods not exceeding fourteen consecutive days each. Prior to the deadline, requests for extension shall be filed in writing with the authority having jurisdiction, and demonstrate that circumstances beyond the applicant' s control justify granting the extension request. This provision shall pertain to the following types of work:
   1. Emergency building work including the repair of any legally erected existing structure that was damaged during an emergency. The damage resulting from the emergency must be to an extent that it requires immediate action to prevent substantial physical harm to persons or property. As used in this section, "repair" means any restoration, reconstruction, 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, and is in conformance with the construction code, flood hazard regulations, land use ordinances, and other applicable laws.
   2. Emergency electrical work, including work on electrical wiring to restore electrical service to a building following a fire, to remedy a power failure, and to protect persons and property against short circuiting and open circuits.
   3. Emergency plumbing work, including work to remedy leaks in drains, soil, waste, vent pipes, or conditions that are otherwise dangerous to human health or public welfare.
2. A one-time emergency inspection may be conducted to verify that the immediate threat to public health, life and safety has been remedied. Upon issuance of the emergency work permit pursuant to subsection( a), regular inspections shall be conducted pursuant to sections 5- 8- 4 and 5- 8- 5.
3. This section shall not be interpreted to authorize violation of other provisions of the construction code or other applicable laws. Structures or portions thereof that were illegally erected or constructed shall not be repaired under this section.

(2020, ord 20-61, sec 2.)

A permit to do building work regulated by the construction code may be issued only to a contractor or an "owner-builder" as defined by section 444-2.5, Hawaiʻi Revised Statutes

A permit to do Electrical work may be issued only to and completed by a licensed electrical contractor.

A permit to do Plumbing work may be issued only to and completed by a licensed plumbing contractor.

For more information please see Section 5-6-1 and Section 5-6-2 of Chapter 5 Construction Administrative Code.

Section 5-6-1. Persons to whom a permit may be issued.

1. A permit to do building work regulated by the construction code may be issued only to:
   1. A contractor or specialty contractor who is licensed pursuant to chapter 444, Hawai`i Revised Statutes; or
   2. An" owner-builder" pursuant to the owner-builder exemption as defined by section 444-2. 5, Hawaii Revised Statutes.
2. A permit to do electrical work regulated by the construction code, may be issued only to:
   1. An electrical contractor licensed pursuant to chapter 444, Hawaii Revised Statutes;
   2. A homeowner for electrical work on a single-family dwelling which the homeowner will personally occupy and use exclusively for living purposes, provided the homeowner is a journey worker electrician, journey worker specialty electrician, supervising electrician, or supervising specialty electrician licensed pursuant to chapter 448E, Hawaii Revised Statutes. Only one such permit may be issued to such homeowner unless the authority having jurisdiction finds that strict application of this provision would result in practical difficulty and hardship and that the granting of a second permit would not be contrary to the purpose of the construction code. This does not preclude the homeowner from obtaining additional permits for the same building or accessory building on the same lot;
   3. A supervising electrician or supervising specialty electrician licensed pursuant to chapter 448E, Hawaii Revised Statutes: A) Who is employed as a maintenance electrician by someone other than a contractor described above; B) Who is employed by the County or State; or C) Who is applying for electrical work for such person' s own dwelling; or
   4. A journey worker electrician licensed pursuant to chapter 448E, Hawai`i Revised Statutes, and employed by the County of Hawai`i.
3. A permit to do plumbing work regulated by the construction code may be issued only to:
   1. A plumbing contractor licensed pursuant to chapter 444, Hawai`i Revised Statutes;
   2. A homeowner for plumbing work on a single-family dwelling which the homeowner will personally occupy and use exclusively for living purposes, provided the homeowner is licensed pursuant to chapter 448E, Hawai`i Revised Statutes. Only one such permit may be issued to such a homeowner, unless the authority having jurisdiction finds that strict application would result in practical difficulty and hardship and that the granting of a second permit would not be contrary to the purposes of the code. This does not preclude the homeowner from obtaining additional permits for the same building or accessory building on the same lot;
   3. A master plumber licensed pursuant to chapter 448E, Hawaii Revised Statutes:
      1. Who is employed as a maintenance plumber by someone other than a contractor described above;
      2. Who is employed by the County or State; or
      3. Who is applying for plumbing work for such person' s own dwelling; or
   4. A journey worker plumber licensed pursuant to chapter 448E, Hawai`i Revised Statutes, and employed by the County of Hawai`i or by a gas utility.

(2020, ord 20-61, sec 2.)

Section 5-6-2. Eligibility to perform work.

1. Except as otherwise provided in this section, work regulated by the construction code shall be performed only by:
   1. A contractor licensed pursuant to chapter 444, Hawai`i Revised Statutes; or
   2. An" owner-builder" pursuant to section 444-2. 5, Hawaii Revised Statutes.
2. Electrical work regulated by the construction code, and specifically chapter 5D, the electrical code, shall be performed only by:
   1. A journey worker electrician, journey worker specialty electrician, supervising electrician, or supervising specialty electrician license licensed pursuant to chapter 448E, Hawaii Revised Statutes; or
   2. A homeowner for electrical work on a single-family dwelling which the homeowner will personally occupy and use exclusively for living purposes, provided the homeowner is a journey worker electrician, journey worker specialty electrician, supervising electrician, or supervising specialty electrician licensed pursuant to chapter 448E, Hawaii Revised Statutes.
3. Plumbing work regulated by the construction code, and specifically chapter 5F, the plumbing code, shall be performed only by:
   1. A master plumber or journey worker plumber licensed pursuant to chapter 448E, Hawai`i Revised Statutes; or
   2. A home owner for plumbing work on a single-family dwelling which the homeowner will personally occupy and use exclusively for living purposes, provided the homeowner is a master plumber or journey worker plumber licensed pursuant to chapter 448E, Hawaii Revised Statutes.
4. No person shall allow any other person to do or cause to be done any work under a permit except individuals employed by the permit holder.

(2020, ord 20-61, sec 2.)

So you want to build your new home.

The following are some suggested steps.

1. Plan your budget.
2. Know your property.
3. Obtain your house plans.
4. Apply for your construction loan.
5. Assemble your construction team.
6. Apply for a Building Permit.
7. Build.
8. Inspect.
9. Completion.

1. Plan your budget.

How much can you afford to spend on the project? This generally requires finding out how much you may be prequalified for  in terms of a construction loan.

2. Know your property.

Find out from Planning Department what is allowed. What land use is allowed based on your zoning restrictions? Verify what your site setbacks are. Contact the Engineering Division to determine if there are specific construction flood requirements for your specific property.

3. Obtain your house plans.

Select your plans or design and develop them based on your property limitations. Generally this requires working with an architect and/or engineer(s) (structural, civil, electrical, and/or mechanical) depending on your scope of work. Determine what your costs for materials, labor, and permit fees will be.

4. Apply for your construction loan.

5. Assemble your construction team.

Hire a general contractor or if you plan on managing the project yourself (i.e. Owner/Builder) hire your sub-contractors (Building, Electrical, Plumbing).

Be sure you know your risks of being an Owner/Builder and be certain to hire contractors with valid licenses.

Resource: Risk Responsibilities of Being an Owner-Builder
Brochure from State of Hawaii - Department of Commerce and Consumer Affairs (DCCA)

6. Apply for a Building Permit.

Work with your construction team in completing the building permit application(s). This may also require gathering additional required documents that will need to be submitted with your permit application(s). Examples include: Solar water heater variance, Individual Wastewater System (IWS) Approval Letter, IECC Certificate, etc...

To ensure your permit application will be accepted by the Building Division, ensure that all items on the Building Permit Applicant Checklist has been completed and/or included.

The County Building Division as well as other building permit reviewing agencies (i.e. Planning Department, Engineering, State Dept of Health, etc..) will review the application(s) and plans to ensure the construction design is according to the current building code and other applicable codes of the reviewing agencies.

The approval process can take anywhere between 3 weeks to a year depending on how complete your application(s) and plans are, the requirements from the various approving agencies, and the volume of applications already in the approval queue. Current average for residential permit approval is 3 months.

7. Build.

Once your permit is approved and issued, you can begin construction.

8. Inspect.

During the construction process, inspections conducted by Building Division inspectors will need to be completed to ensure construction is proceeding as planned and in a safe way.

Inspections for Electrical and Plumbing work will need to be requested by the contractor performing the work.

9. Completion.

Once all construction is completed, a Final Inspection by the County is required to confirm your permitted work is complete.

Note: Residence, structure, and/or tenant improvement is not to be occupied until the project passes the final inspection.

1. 1.  Register for an EPIC Account at our EPIC website.
2. 2.  Watch our video on how to apply for a Permit/Plan Application.
3. 3.  Click on Apply from EPIC Menu then click on the apply button next to the permit application you wish to apply for.
4. 4.  Then complete each step of the application wizard.

Take a look at your EPIC Dashboard

Manage your permit application review

My permit application is approved! :) But I need to pay my permit fees

Section 5-7-8 Refunds.

Plan review fees are non-refundable. Permit fees may be partially refunded in accordance with section 2-12, Hawai`i County Code.

(2020, ord 20-61, sec 2.)

Section 2-12. Refund of permit fees.

1. The director of finance is authorized to grant the refund of permit fees according to and in compliance with the following provisions in any case not covered specifically by any other law or ordinance:
   1. Any person who has paid a fee established by the County for the issuance of any permit shall be entitled to a refund of that fee, provided that the person first submits a written request to the head of the issuing department or agency identifying the issue date, amount, and nature of the permit and the request is received by the head of the issuing department or agency within ninety days from the issue date of the permit.
   2. The issuing department or agency shall record the date of receipt thereupon, and shall confirm or deny the information contained in the request pertaining to the issue date, amount and type of permit. If the applicant is entitled to a refund after the verification of the information contained in the request, and the request was received within ninety days from the issue date of the permit, the issuing department or agency shall prepare a request for payment and forward it to the director of finance for processing.
   3. If the director of finance is satisfied that the request was received within the ninety day time limit specified in subsection (a)(1), the director of finance shall refund to the applicant the applicant’s permit fee less the greater of the amount of ten percent of the fee or $50.
2. No refund shall be granted for any fee of $50 or less.
3. Notwithstanding the ninety day time limitation for requests and the amount of refund, the director of finance may refund the full amount of a permit that was inadvertently issued in duplicate.
4. The director of finance may refund the full amount of any monies paid as security deposits, bid bonds and performance bonds after all stipulations of a contract have been completed.

(1983 CC, c 2, art 4, sec 2-12; am 1994, ord 94-19, sec 2.)

Section 5-4-7 Withdrawal of application.

1. An applicant shall have one hundred eighty days from the date of submission to obtain a permit.
2. The application will be determined to be abandoned and therefore withdrawn by the applicant if after the one hundred eighty days:
   1. The applicant fails to submit, dispute, or otherwise act on errors or deficiencies noted on the application; or
   2. The applicant fails to pay the permit fee.
3. The authority having jurisdiction may grant one or more extensions of time for additional periods not exceeding ninety consecutive days each, either at the request of the applicant or at the discretion of the authority having jurisdiction. Requests by the applicant for extension shall be filed in writing with the authority having jurisdiction prior to one hundred eighty days after the date of submission.
4. Restarting permit application.
   If a permit application is abandoned and therefore withdrawn, the application process must be restarted. In order to restart an application after it is abandoned and therefore withdrawn, the applicant shall resubmit plans with alterations to meet provisions of this code in effect at the time of resubmittal and pay a new plan review fee.
5. If an application is abandoned and therefore withdrawn, plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the authority having jurisdiction.

(2020, Ord 23-87, sec 2.)

Section 5-5-4 Expiration

1. All permits issued after August 17, 2020, shall expire and become null and void six years after the date of issuance of the permit.
2. Upon expiration of a permit, all work shall cease and shall not be recommenced until a new permit is obtained.
3. If a permit expires prior to work being completed, an application for a new permit shall be submitted.

(2020, Ord 23-87, sec 3.)

Section 5-5-5 Extension

1. An extension of a permit may be granted if the authority having jurisdiction finds that circumstances beyond the permit holder's control have significantly impeded the progress of the construction project, that construction is substantially complete, and that an extension is justified.
2. Requests for permit deadline extensions shall be submitted in writing to the authority having jurisdiction at least thirty days prior to the permit expiration date and an acknowledgement by the authority having jurisdiction will be sent upon receipt. The written request shall include:
   1. A written statement explaining how unforeseen circumstances have affected the progress of the construction project;
   2. Supporting documentation demonstrating a legitimate need for the extension; and
   3. The duration of time during which work was suspended, and the proposed timeline to complete the project.
3. A decision on the request for a permit deadline extension will be sent within thirty days of receipt of the request. If the authority having jurisdiction fails to render a decision within thirty days of the request, the permit shall not expire until such time as a decision is rendered.
4. Permit extensions shall not exceed one extension of one hundred eighty days.
5. A permit holder whose request for a permit extension is denied may appeal the decision to the board of appeals within thirty days of receiving notice of the denial pursuant to section 5-11-3.

(2020, Ord 23-87, sec 4.)

Permit Extension Request Procedure

The requestor shall be the permit applicant and/or the property owner or owner's representative.

• Requestor shall submit their request by submitting a letter to the Building Chief; sent via:
  • Mail to DPW: 101 Pauahi St. Suite 7, Hilo, HI 96720; and/or
  • Email to DPW Building: cohbuild@hawaiicounty.gov

• The letter shall include at minimum:
  1. 1. Permit number
  2. 2. Applicant name
  3. 3. Project address and TMK
  4. 4. Explanation of how unforeseen circumstances have affected the progress of the construction project;
  5. 5. Provide supporting documentation demonstrating a legitimate need for the extension;
  6. 6. State the duration of time during which work was suspended, and the proposed timeline to complete the project.

Section 5-5-3. Designation of person, contractor, or subcontractor who will do work.

If subsequent to the issuance of a permit, a homeowner either ceases to employ the owner-builder exemption and engages a contractor for any phase of work, or there is a change in the designation of any contractor for any phase of work, the permit holder shall file a written request to the authority having jurisdiction for approval of these changes. The request shall include: the change in designation; a revised declaration form for each contractor or subcontractor engaged to do electrical or plumbing work upon the building, structure, or project; and anon-refundable fee of $100.
(2020, ord 20-61, sec 2.)

The Building Permit Transfer Request Form has been prepared to capture this information.

For more information, please refer to our Permit Transfer Guidelines.