HAR §15-215-76. Rules clearance

(a) Applicability. Any uses, structures, and activities identified by section [15-215-77(b)] 15-215-76(b) below [on a lot 40,000 square feet or less shall] may be issued a rules clearance approval when they are in compliance with the setback requirements, height limits, and all other applicable standards of [the Kalaeloa CDD rules.] subchapter 2 (regulating plan, transect zones, and thoroughfare plan), subchapter 3 (general development standards), subchapter 4 (district-wide standards), and, where applicable, those relating to section 15-215-89 (nonconformities); (b) Qualifying land uses, structures and activities. The following are eligible for issuance of a rules clearance[:] when in compliance with section 15-215-76(a) above: (1) Decks, paths and driveways. Decks, platforms, on-site paths, and driveways that are not required to have a building permit or grading permit; (2) Fences and walls in compliance with height and location requirements in section 15-215-43 (architectural standards); (3) Interior alterations. Interior alterations or changes in use that do not increase the gross floor area of the structure[, or change the permitted use of the structure]; (4) Repairs and maintenance: (A) [Single-family dwellings.] Ordinary nonstructural repairs to, and maintenance of, single-family dwellings; or (B) [Multi-family residential and non- residential structures.] Ordinary non-structural repairs to, and 215-87 maintenance of multi-family residential and non-residential structures, if: (i) The work does not change the approved land use of the site or structure, or add to, enlarge or expand the land use [and/or] or structure; and (ii) Any exterior repairs employing the same or similar materials and design as the original construction[;] and; (C) Other land use changes, if: (i) The work does not add to, enlarge or expand the land use and/or structure; and (ii) Any exterior repairs employing the same or similar materials and design as the original construction. (5) Small, portable residential accessory structures. A single portable structure of one hundred twenty square feet or less per lot or unit, including pre-manufactured storage sheds and other small structures that are exempt from having to obtain a building permit from the city and county of Honolulu and in compliance with the applicable building code. Additional structures may be approved in compliance with section 15-215-43 (architectural standards), where allowed by the applicable zone; (6) Spas, hot tubs, and fish ponds. Portable spas, hot tubs, and constructed fish ponds, and similar equipment and structures that do not exceed one hundred twenty square feet in total area including related equipment; contain more than [2,000] two-thousand gallons of water; or exceed two feet in depth; (7) Open space and parks. Any improvement project over, upon, under or across any public open space or park; [and] 215-88 (8) [Any public project.] Private utility improvements or repairs for existing structures; and (9) Any public utility project. (10) Minor site improvements, such as landscaping, reconfiguration of a parking lot or street, or paving to maintain a parking lot or street in a state of good repair. (11) Standalone demolition of structures, including those that have satisfied the requirements of section 106 of the National Historic Preservation Act, as amended, chapter 6E, HRS, or any applicable historic covenants and agreements attached to the property; (c) Initiation. An applicant may apply for a rules clearance permit by filing an application with the executive director and payment of the requisite fee listed in section 15-215-91. (d) Action. In accordance with Figure [1.1] 1 (approval [requirements matrix),] requirements), dated [September 2012,] November 2025, made a part of this chapter, and attached at the end of this chapter, the executive director [shall] may approve all rules clearance applications consistent with this section after receipt of a complete application and payment of the requisite fee. (e) Exceptions. (1) Building permits can be approved without an associated rules clearance permit in the following cases: (A) Standalone interior electrical, plumbing work, and fire system improvements that would otherwise comply with section 15-215-76(a) and that do not involve structural modifications; and (B) Standalone minor grading activities that are not part of a larger project. (2) Emergency work. Emergency repairs to utilities may be started without a permit, provided that the utility notifies the authority no later than the first work day following the emergency. A written permit 215-89 covering the work shall be obtained no later than ten working days following the emergency. (3) Federal, state, city, and utility agencies shall not be required to obtain a permit for routine street maintenance, repair, resurfacing, borings, or sign installation, provided that such work does not require excavation below the sub-base course. [Eff 10/27/12; ren 15-215-77 and am and comp ] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7)