HomeMy WebLinkAboutBILL 2938 NOTICE OF PUBLICATION/NOTICE OF PUBLIC HEARINGNOTICE OF PUBLICATION AND NOTICE OF PUBLIC HEARING
"24 NOV 14 AlO :,46
Notice is hereby given that the Kaua'i County Council will hold a public
. .hearing on December 18, 2024, at 8:30 a.m., or soon thereafter, at the Council
v{phajll;bers, 4396 Rice Street, Room 201, Historic County Building, Lihu'e, on the
• i(ofliJWting:
Bill No. 2938
A BILL FOR AN ORDINANCE AMENDING CHAPTER 15A, KAUA'I
COUNTY CODE 1987, AS AMENDED, RELATING TO THE KAUA'I
COUNTY FIRE CODE
This Bill proposes to amend Chapter 15A, Kaua'i County Code 1987, as
amended, relating to the Kaua'i County Fire Code, to allow the County's Fire Code
to align with the 2021 State Fire Code. This amendment also reflects the State's
acceptance of the 2021 National Fire Protection Association (NFPA) Fire Code.
Any person may testify at the public hearing, and at any Council
and Committee Meeting (at which time any Bill may be amended).
Meeting notices and full-text Bills are available at least six (6) days in
advance at the Office of the County Clerk, Council Services Division and
kauai.gov/Government/Council/\Nebcast-Meetings. Written testimony may be
submitted via counciltestimony@kauai.gov, mail, or fax. For further information,
please call (808) 241-4188.
CERTIFICATE OF THE COUNTY CLERK
I hereby certify that the Kaua'i County Council passed on first reading and
ordered to print Bill No. 2938 during the November 13, 2024 Council Meeting, by
the following vote:
AYES: Bulosan, Carvalho, Cowden, DeCosta, Kuali'i, Rapozo
NOES: None
EXCUSED & NOT VOTING: Kagawa
RECUSED & NOT VOTING: None
TOTAL-6,
TOTAL-0,
TOTAL-1,
TOTAL-0.
Lihu'e, Hawai'i /s/ Jade K. Fountain-Tanigawa
November 13, 2024 County Clerk, County of Kaua'i
NOTE: IF YOU NEED AN AUXILIARY AID/SERVICE, OTHER
ACCOMMODATION DUE TO A DISABILITY, OR AN INTERPRETER FOR
NON-ENGLISH SPEAKING PERSONS, PLEASE CONTACT THE OFFICE OF
THE COUNTY CLERK, COUNCIL SERVICES DIVISION AT (808) 241-4188 OR
COKCOUNCIL@KAUAI.GOV AS SOON AS POSSIBLE. REQUESTS MADE AS
EARLY AS POSSIBLE WILL ALLOW ADEQUATE TIME TO FULFILL YOUR
REQUEST.
UPON REQUEST, THIS NOTICE IS AVAILABLE IN ALTERNATE FORMATS
SUCH AS LARGE PRINT, BRAILLE, OR ELECTRONIC COPY.
(One publication -The Garden Island-November 19, 2024)
ORDINANCE NO. ___ _ BILL NO. --=2=-=93=8 __
A BILL FOR AN ORDINANCE AMENDING CHAPTER 15A,
KAUA'I COUNTY CODE 1987, AS AMENDED,
RELATING TO THE KAUA'I COUNTY FIRE CODE
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF KAUA'I, STATE
OF HAWAI'I:
SECTION I. Purpose. The purpose of this ordinance is to adopt the
2021 State Fire Code as adopted by the State of Hawai'i on January 20, 2023 ,
subject to certain amendments that shall apply to the County of Kaua'i.
SECTION 2. Chapter 15A, Article 1, Kaua'i County Code 1987, as
amended, is amended as follows:
"ARTICLE 1. GENERAL PROVISIONS
Sec. 15A-1.1 Purpose.
To adopt Chapter [12-45.3] 12-45.4 of the Hawai'i Administrative Rules,
entitled "State Fire Code," as adopted by the State of Hawai'i on [August 15, 2014,
(hereinafter "State Fire Code"),] January 20 . 2023 (State Fire Code ). which adopts,
with modifications, the [NFPA 1, Fire Code, 2012 Edition, (hereinafter "NFPA 1"),]
national model fire code , as copyrighted and published by the National Fire
Protection [Association;] Association (NFP A 1): to provide amendments to the State
Fire Code; and to repeal the previous Fire Code of the County of Kaua'i, adopted on
[December 1, 2011.] Mav 9 , 2016 and amended effective A pril 28 , 2020.
Sec. 15A-1.2 Title.
This Code shall be known as the Fire Code of the County of Kaua'i and may
be cited as the "Fire Code.""
SECTION 3. Chapter 15A, Article 2, Kaua'i County Code 1987, as
amended, is amended as follows:
"ARTICLE 2. ADOPTION OF THE STATE FIRE CODE
Sec. 15A-2.1 Fire Code of The County of Kaua'i.
Chapter [12-45.3] 12-45.4 of the Hawai'i Administrative Rules, entitled "State
Fire Code," as adopted by the State of Hawai'i on [August 15, 2014]
January 20 , 2023 pursuant to Section 132-3 of the Hawai'i Revised [Statutes,
(hereinafter "State Fire Code"),] Statutes (State Fire Code ), which adopts, with
modifications, the NFPA 1, Fire Code, [2012] 2021 Edition, [(hereinafter "NFPA
l"),] as copyrighted and published by the National Fire Protection Association, is by
reference incorporated and made a part of this Chapter, subject to the following
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amendments, which, unless stated otherwise, are stated in the form of amendments
to the NFPA 1. The Fire Code of the County of Kaua'i, adopted on [December 1,
2011,] May 9 , 2016 and amended effective Ap ril 28 , 2020. is hereby repealed.
Sec. 15A-2.2 Amendments.
Amendments are as follows:
(1) Amending Section 1.1.2. Section 1.1.2 of the NFPA 1, as
amended by the State Fire Code, is amended to read:
"1.1.2 Title. This Code shall be known as the Fire Code of the County
of Kaua'i and may be cited as the ['Fire Code'."] "Fire Code.""
(2) Adding Section 1.7.13. Section 1.7.13 of the NFPA 1 is added to
read:
"l. 7 .13 Inspection of Construction and Installation
1.7.13.1 Every re q uest for an inspection shall be filed not less than three
working day s before such insp ection is desired.
1. 7 .13.2 The County shall not be liable for exp enses incurred in the removal
or re p lacement of any material req uired to allow insp ection."
[(2)] .(fil Amending Section 1.10. Section 1.10 of the NFPA 1 is
amended to read:
"1.10 Board of Appeals. Any appeal from the decision of the Fire Chief
in the administration of the Fire Code involving any denial of the use of new
or alternate materials, types of construction, equipment, devices or
appliances, or any petition for varying the application of the Fire Code may
be submitted to the Board for hearing and determination as specified in the
Building Code."
[(3)] ill Adding Section 1.12.8. Section 1.12.8 of the NFPA 1,
which was deleted by the State Fire Code, is added as a new Section 1.12.8 to
read:
"1.12.8 Permits, Licenses, and Fees. A permit or license shall be
obtained from the Fire Prevention Bureau or other agency designated by the
Authority Having Jurisdiction [(hereinafter "AHJ"),] (AHJ), prior to engaging
in the following activities, practices, or functions:
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1. Places of Assembly. The operation of a place of assembly
requires an annual permit. The annual permit fee is $50.00. For
permit requirements see Section 20.1.1.1.
2. Tents and canopies. Permit fee: $30.00. For permit
requirements see Section 25.1.2.
3. Application of Flammable Finishes. Annual permit fee:
$50.00. For permit requirements see Section 43.1.1.4.
4. Flammable and Combustible Liquid Tank Installation.
Permit fee: $50.00 for tank capacities of 61 to 4,999 gallons; $100.00 for
tank capacities of 5,000 or more. For permit requirements see
Section 66.1.5.
5. Liquefied Petroleum Gas Container (Tank) Installation.
Permit fee: $50.00 for a single container or the aggregate of
interconnected containers of 125-gallon water capacity more. For
permit requirements see Section 69.1.2.
6. Certificates of Fitness Licenses. Licenses to ins pect . test .
and maintain the followin g fire p rotection s v stems:
Fire Alarm S y stems . Three-Year License Fee: $100
Portable Fire Extinguishers , Three-Year License Fee: $100
Private Fire H y drants . Three-Year License Fee: $100
Water Based S y stems. Three-Year License Fee: $100
Other Fire Extin guishing S y stems , Three-Year License
Fee: $100
[5. 1) 6.1 Any fees paid and collected pursuant to
Section 1.12.20 1 through 5 shall be deposited into a special
revenue account. The Director of Finance is hereby authorized to
establish and create said special revenue account to be known as
the "Fire Department Permit Fees" within Fund 251. The fees
paid and collected pursuant to Section 1.12.8 1 through 5 are
hereby deemed appropriated upon receipt and may be expended
to fulfill the duties required of Fire Department staff related to
overseeing the permits including the inspection of inventory and
storage facilities, maintenance of required records, and the
training related to overseeing and implementing the permits.
The fees shall not be used for any other purpose and shall not be
transferred to other accounts within the Kaua'i Fire
Department. The fees shall not lapse at the close of the fiscal
year.
[6.] 7. Fireworks permits, as authorized by Chapter 132D,
Hawai'i Revised Statutes, [as amended,] shall be required as follows:
3
[6.1] 7.1 Individual purchase and use of non-aerial
common fireworks for the following designated holidays -New
Year's Eve, Chinese New Year, and the Fourth of July. Permit
fee: $25.00.
[6.2] 7.2 Individual purchase and use of non-aerial
common fireworks for cultural purposes, events, and special
occasions, at times other than designated holidays. Permit fee:
$25.00.
[6.3] 7 .3 Use or purchase of aerial common fireworks,
special fireworks or both for public displays or exhibition.
Permit fee: $110.00.
[6.4] 7.4 To import, store, offer to sell, or sell at
wholesale or retail aerial common fireworks, special fireworks,
or non-aerial common fireworks, unless the person has a valid
license under Chapter 132D, Hawai'i Revised Statutes, as
amended. License fees shall be as follows:
[6.4.1] 7.4.1 Importation. Annual license fee:
$3,000.00.
[6.4.2] 7.4.2 Wholesale. Annual license fee:
$2,000.00.
[6.4.3] 7.4.3 Storage. Annual license fee: $1,000.00.
[6.4.4] 7.4.4 Retail. Annual license fee: $500.00.
[6.5] 7.5 Any fees paid and collected pursuant to
Section 1.12.8 [(6)] ill shall be deposited into a special revenue
account to be known as the "Fire Department Fireworks Permit
Fees" within Fund 251. The Director of Finance is hereby
authorized to establish and create said special revenue account.
The fees paid and collected pursuant to Section 1.12.8 [(6),] ill
are hereby deemed appropriated upon receipt and may be
expended pursuant to Hawai'i Revised Statutes ("HRS")
Section 132D-ll. The fees shall not be used for any other
purpose and shall not be transferred to other accounts within
the Kaua'i Fire Department. The fees shall not lapse at the
close of the fiscal year."
[(4) Adding Section 1.14.6. A new Section 1.14.6 is added to read:]
(5) Amending Section 1.14.6. Section 1.14.6 of the NFPA 1 1s
amended to read:
4
"1.14.6 Plan Review. A plan review fee shall be paid at the time of
submitting plans and specifications for review. There is hereby established
and created an account to be known as the "Fire Department Plan Review,
Processing, and Inspection Revolving Account" within Fund 251. The fees
collected are hereby deemed appropriated upon receipt and shall be expended
for use exclusively by the Fire Prevention Bureau for costs associated with
the training and education of plans review, code enforcement and fire
investigations. This account shall also be used for materials and equipment
related to the Fire Prevention Bureau, and public education. v'There plans are
incomplete or are changed so as to require additional plan review , an
additional plan review fee equivalent to the original plan review fee shall be
charged. The fees shall not lapse at the close of the fiscal year.
The AHJ may authorize the refunding of not more than fifty percent of
the plan review fee paid when any applicant withdraws or cancels the
application before any plan reviewing is done."
[(5)] _{fil Adding Section 1.14.7. A new Section 1.14.7 is added to
read:
"1.14. 7 Fees. The plan review fee shall be 12% of the building permit
fee as shown in the Building Code. Residential plan reviews will be charged a
flat rate of $25.00. A Certificate of Occupancy Inspection fee of $25.00 is
included in the plan review fee. _ Subsequent Certificate of Occupancy
Inspections for the same Building Perm.it will be $25.00. Any fees paid and
collected pursuant to this Section shall be deposited into the "Fire
Department Plan Review, Processing, and Inspection Revolving Account"
within Fund 251."
[(6)] ill Adding Section 1.14.8. A new Section 1.14.8 is added to
read:
"1.14.8 Witness Acceptance Tests. Witness Acceptance Tests for:
Commercial Kitchen Cooking Hood Air Test, Aboveground and Underground
Hydrostatic Tests. Initial fee: $100.00. Retest Fee: $100.00. Subsequent
Retest fee: $200.00. Any fees paid and collected pursuant to this Section shall
be deposited into the "Fire Department Plan Review , Processing, and
Inspection Revolving Account" within Fund 251."
[(7)] {fil Adding Section 1.14.9. A new Section 1.14.9 is added to
read:
"1.14.9 Fire Alarm Systems Acceptance Test. Fees are as follows: 1-100
devices or appliances Initial Fee: $100.00, Retest Fee: $100.00, Subsequent
Retest Fee: $200.00, 101-250 devices or appliances Initial Fee: $250 .00,
Retest Fee: $250.00, Subsequent Retest Fee: $500.00, more than 250 devices
or appliances Initial Fee: $500.00, Retest Fee: $500.00, Subsequent Retest
Fee: $1000.00. Any fees paid and collected pursuant to this Section shall be
5
deposited into the "Fire Department Plan Review, Processing, and Inspection
Revolving Account" within Fund 251."
[(8)] ill)_ Amending Section 1.16.4.1. Section 1.16.4.1 of the
NFP A 1 is amended to read:
"1.16.4.1 Citations. Any person, firm or corporation who fails to comply
with the provisions of this Code or who fails to carry out an order made
pursuant to this Code or violates any condition attached to a permit,
approval, or certificate shall be guilty of a misdemeanor upon conviction."
[(9)] .QQ)_ Amending Section 1.16.4.3. Section 1.16.4.3 of the
NFP A 1 is amended to read:
"1.16.4.3 Failure to Comply. Failure to comply with the time limits of
an order or notice of violation issued by the AHJ shall result in each day that
the violation continues being regarded as a separate offense and subject to a
separate penalty. Upon conviction of any such violation, such person shall be
punished by a fine of not more than $1,000.00 or by imprisonment for not
more than one year, or by both such fine and imprisonment."
[(10)] ill)_ Amending Section [10.11.1.] 10.10.1. Section [10.11.1.]
10.10.1 of the NFPA 1, as amended by the State Fire Code, is amended to
read:
["10.11.1] "10.11.1 Open Burning Fires. Open burning shall be
conducted in accordance with this Section. Open burning may be prohibited
when the AHJ determines such fires are a fire hazard."
[(11)] M Amending Section [10.11.1.1.] 10.10.1.1. Section
[10.11.1.1] 10.10.1.1 of the NFPA 1, as amended by the State Fire Code, is
amended to read:
[ "10.11.1.1.] "10.10.1.1 Open burning shall comply with the following:
1. Fires for Cooking of Food. Persons responsible for such
fires not contained within an appliance, such as an imu, shall
telephone the fire dispatch center on the non-emergency number 15
minutes before lighting the fire.
2. Fires for Recreational, Decorative, or Ceremonial
Purposes. Written permission must be granted from the property
owner. A letter shall be submitted to the AHJ at least 14 days prior to
the event, noting the date, time and location of the fire. Persons
responsible shall also telephone the fire dispatch center on the
non-emergency number 15 minutes before lighting such fires.
3. Fires to Abate a Fire Hazard. Written permission must be
granted from the property owner. A letter shall be submitted to the
6
AHJ for approval at least 14 days prior to the event, noting the date,
time and location of the fire. Persons responsible shall also telephone
the fire dispatch center on the non-emergency number fifteen (15)
minutes before lighting such fires.
Abatement of a fire hazard shall take place on property owned
by the permittee, or with the permission of the owner, on property
two (2) acres or more in size, and shall be subject to the following
conditions:
3.1. The burn pile shall be no more than eight feet (8')
in diameter, and no more than four feet ( 4') high. Combustibles
may be added to a burning pile to maintain the maximum size of
the pile allowed, but the burn pile shall be the only pile burning
at any time.
3.2. All burning shall be done not less than one hundred
feet (100') from any building, structure, grass, brush, or other
combustibles.
3.3. The burn pile shall be arranged to prevent soil and
combustibles overlapping in a manner that may cause burning
underground and flare-up at a later time.
3.4. Permittee shall not transport, or cause to be
brought upon the burn site, any other materials to be burned.
3.5. Permittee shall not use gasoline or any explosive
types of flammables to start or continue the burn.
3.6. All debris hauled from the burn site shall be
completely extinguished before loading for transport.
3. 7. Permittee shall not burn before 9:00 a.m. nor after
6:00 p.m., by which time the fire shall be completely
extinguished.
3.8. Permittee shall burn only during "no wind"
conditions. If during burning the wind picks up, or smoke or
embers become a hazard or a nuisance to neighbors, all fires
shall be extinguished.
3.9. Permittee shall have a constant water supply and
sufficient hose to reach all areas of the fire, and other fire
extinguishing equipment specifically approved by the Fire
Department.
7
3.10. Permittee shall have at least two capable adults
responsible for constantly attending the fire until it is
completely extinguished.
3.11. Permittee shall have a person available on a
24-hour basis to be summoned should there be a flare-up or
rekindling of the fire.
3.12. Permittee shall notify the Fire Prevention Bureau
48 hours in advance of the initial burning for an on-site
inspection. Permittee shall also notify the fire station in
permittee's area before lighting the fire. Permittee shall provide
starting and extinguishing times and weather conditions in
permittee's area.
3.13. Permittee shall notify the police station m
permittee's area of the burning and extinguishing times.
3.14. The issuance of a permit to abate a fire hazard
shall not release permittee from any obligation to obtain a
permit from the State Division of Forestry and Wildlife or an
AHJ pursuant to Chapter 185, Hawai'i Revised Statutes.
3.15. During fire cl.anger periods, as established by the
AHJ, no fires shall be permitted within 500 feet (500') of forest,
pasture, or brush lands unless a permit is first obtained from
the State Division of Forestry and 'Wildlife or an AHJ.
3.16. The issuance of a permit by the State Division of
Forestry and Wildlife or the AHJ shall not release permittee
from the requirement to obtain a permit for a fire to abate a fire
hazard.
3.17. An indemnification provision, which shall be part of
the permit application, shall be signed by the permittee in the
presence of a notary public. The indemnification provision shall
also be signed and notarized by the owner of the burn site if the
permittee is not the owner of the property.
3.18. If smoke and odors become a nuisance to occupants
of the neighboring property, the fire shall be immediately
extinguished.
3.19. The Fire Department, Police Department, or State
Department of Health may cancel any permit for the abatement
of a fire hazard if any condition of this subsection is not followed .
3.20. The permit to abate a fire hazard shall be in effect
for a period not to exceed thirty (30) calendar days.
8
4. Fires for Prevention or Control of Disease or Pests.
·written permission must be granted from the property owner. A letter
shall be submitted to the AHJ for approval at least fourteen (14) days
prior to the event, noting the date, time and location of the fire.
Persons responsible shall also telephone the fire dispatch center on the
non-emergency number fifteen (15) minutes before lighting such fires.
5. Fires for Training of Fire Fighting Personnel. Fires for
the training of fire fighting personnel shall follow the guidelines of the
National Fire Protection Association's Standard 1403, the Fire
Department procedures manual, and shall be conducted only with the
approval of the AHJ. Persons responsible shall also telephone the fire
dispatch center on the non-emergency number fifteen (15) minutes
before lighting such fires.
6. Fires for Disposal of Dangerous Materials. A letter shall
be submitted to the AHJ for approval at least fourteen (14) days prior
to the event, noting the date, time and location of the fire. Persons
responsible shall also telephone the fire dispatch center on the
non-emergency number fifteen (15) minutes before lighting such fires.
7. Fires for Residential Bathing Purposes. Fires for
residential bathing purposes must be approved by the Department of
Health, Clean Air Branch, before lighting of such fires. ·"
8. Fires for Agricultural Purposes. Fires for agricultural
purposes must be approved by the Department of Health, Clean Air
Branch, before lighting of such fires."
[(12)] D..fil Amending Section [10.11.1.2.] 10.10.1.2.
Section [10.11.1.2] 10.10.1.2 of the NFPA 1 is amended to read:
["10.11.1.2] "10.10.1.2 Responsibility. Fires for open burning allowed
by Section 10.11.1 shall be the responsibility of the person igniting and
maintaining the fire."
[(13)] M Amending Section [1O.11.1.3.J 10 .10.1.3.
Section [10 .11.1.3] 10.10.1.3 of the NFPA 1 is amended to read:
["10.11.1.3] "10.10.1.3 Incinerators. Private incineration is prohibited
by State Department of Health laws. Clearance by the State Department of
Health for and notification of all agricultural fires either by telephone or
written notice shall be on file with the AHJ before these fires are permitted.
Exception: Closed incinerators approved by the State Department of
Health shall be in accordance with NFPA Standard 82."
9
[(14)] ilfil Adding Section [10.11.1.3.1.] 10.10.1.3.1. A new
Section [10.11.1.3.1] 10.10.1.3.1 is added to read:
["10.11.1.3.1] "10.10.1.3.1 An "incinerator" is a structure, or portion
thereof, container, device or other appliance designed, or used or intended to
be used, for the disposal of combustible rubbish by burning."
[(15)] ilfil Adding Section [10.11.11.] 10.10.11. A new
Section [10.11.11] 10.10.11 is added to read:
["10.11.11] "10.10.11 Open flame performances before a proximate
audience.
[10.11.11] 10.10.11.1 Open flame performances before a proximate
audience shall comply with the following:
A. Performances that use an open flame, such as but not
limited to 'fire dancing' and 'logo burns,' shall be held outdoors or
within a building protected with an automatic sprinkler system in
accordance with section 20.1.5.3.
B. Performances shall be in an area provided with at least
twenty-five (25) feet of clearance to readily combustible materials.
C. A minimum clearance of twenty (20) feet shall be kept
between the performance and the audience at all times. This distance
may be reduced, provided an AHJ approved, non-combustible safety
net is in place in accordance with section 20.1.5.3.
(1) Gasoline, white-gas, or any Class I flammable
liquid shall not be used as the fuel source.
(2) Fuel storage shall be kept in an approved container
at least twenty-five (25) feet away from the performance and the
audience. The quantity of fuel stored shall only suffice for a
single performance.
(3) Performers shall not throw any open-flame props
over the audience.
(4) A CO2 fire extinguisher with a minimum 20B
rating and an ABC fire extinguisher with a minimum 4A rating
shall be readily available and within thirty (30) feet of the
performance. The fire extinguishers shall be constantly attended
by a competent adult trained in the use of portable fire
extinguishers.
(5) Fire props shall be adequately extinguished
immediately after performances by soaking in a bucket of water .
10
(6) Additional clearances and/or means of fire
extinguishment shall be provided if deemed necessary by the
AHJ."
(17 ) Addin g to Section 10.13.2.1. Section 10.13.2.1 is added to read:
A fire hazard shall be defined as combustible ve getation that can
rap idly transmit fire such as but not limited to Meg ath yrsus maximus or
commonly known as "Guinea Grass" and Leucaena leucoce phala or commonl v
known as "Haole Koa."
[(16) Adding Section 10.14.10.4. A new Section 10.14.10.4 is added to
read:
"10.14.10.4 Clearance of Brush or Vegetative Growth from Structures.
Persons owning, leasing, controlling, operating or maintaining buildings or
structures in, upon or adjoining hazardous fire areas, and persons owning,
leasing or controlling land adjacent to such buildings or structures, shall at
all times:
1. Maintain an effective firebreak by removing and clearing
away flammable ;vegetation and combustible growth from areas within
30 feet (30') of such buildings or structures; and
Exception: Single specimens of trees, ornamental shrubbery or
similar plants used as ground covers, provided that they do not form a
means of rapidly transmitting fire from the native growth to any
structure.
2. Maintain additional fire protection or firebreak by
removing brush, flammable vegetation and combustible growth located
from thirty (30) feet to one hundred (100) feet from such buildings or
structures, when required by the AHJ because of extra-hazardous
conditions causing a firebreak of only thirty (30) feet to be insufficient
to provide reasonable fire safety; and
Exception: Grass and other vegetation located more than thirty
feet (30') from buildings or structures and less than eighteen
inches (18") in height above the ground need not be removed where
necessary to stabilize the soil and prevent erosion.
3. Remove portions of trees which extend within ten
feet (10') of the outlet of a chimney; and
11
4. Maintain trees adjacent to or overhanging a building free
of deadwood; and
5. Maintain the roof of a structure free of leaves, needles or
other dead vegetative growth."]
(18 ) Adding to Section 10.13.2.1 . Section 10.13.2.1 is added to read:
"10.13.2.1.1 Clearance of brush. Persons owning. leasing, controlling,
op erating or maintaining buildings or structures in. u p on. or adjoining hazardous
fire areas. and persons owning. leasing or controlling land adjacent to such
buildings or structures, shall at all times:
1. Maintain an effective clearance as follows:
a. Brush 18 inches to 3 feet in height shall have
30-foot clearance from structures.
b. Brush greater than 3 feet to 6 feet in height shall
have 50-foot clearance from structures.
c. Brush 6 feet to 9 feet in height shall have 75-foot
clearance from structures.
d. Brush greater than 9 feet m height shall have
100-foot clearance from structures.
2. Maintain an effective fuel break near develo p ed lots.
Large vacant land shall maintain an effective fuel break as follows:
a. Brush 18 inches to 6 feet in height shall have
50-foot clearance from structures. Where re q uired. a 50-foot fuel
break shall be measured from the p rop erty line.
b. Brush greater than 6 feet in height shall have 100-
foot clearance from structures. Where re q uired . a 100-foot fuel
break shall be measured from the p ro perty line.
C. Exce p tion:
1. Single sp ecimens of trees . ornamental
shrubbery or similar p lants used as ground covers ,
p rovided that the y do not form a means of rap idlv
transmitting fire from the native growth to any structure.
12
2. Grass and other ve getation located more
than 30 feet from buildings or structures and less than
18 inches in hei ght above the g round need not be removed
where necessar, to stabilize the soil and prevent erosion.
3. Remove p ortions of trees which extend
within 10 feet of the outlet of a chimne ."
[(17)] .{lfil Adding Section 11.5.1.12. A new Section 11.5.1.12 1s
added to read:
"11.5.1.12 Unsafe Heating or Electrical Equipment and Structural
Hazards. When the AHJ deems any chimney, smokestack, stove, oven,
incinerator, furnace or other heating device, electric fixture or any
appurtenance thereto, or anything regulated under a nationally recognized
standard in or upon any building, structure or premises not specifically
mentioned in this code, to be defective or unsafe so as to create a hazard, the
AHJ is authorized to serve upon the owner or the person having control of the
property a written notice to repair or alter as necessary and shall notify any
other authority enforcing codes regulating such fixture, equipment or
appurtenance."
[(18) Amending Section 13.1.2. Section 13.1.2 of the NFPA 1, as
amended by the State Fire Code, which added Section 13.1.2.1, is amended by
adding new Sections 13.1.2.2 and 13.1.2.3 to read:
"13.1.2.2 Condition of acceptance of halon and clean agent systems
shall be satisfactory passage of a final approval of installation test, in
accordance with nationally recognized standards and the manufacturer's
instructions, prior to final acceptance of the system. The test shall be
witnessed by the AHJ.
13.1.2.3. Upon completion of the installation of a non-water based fire
extinguishing system that is required by this code, a satisfactory final
approval of installation test of the system shall be made in accordance with
nationally recognized standards and the manufacturer's instructions.
Non-water based systems include, but are not limited to, dry chemical
and carbon dioxide extinguishing systems. The test shall be witnessed by the
AHJ."]
(20 ) Deleting Section 17 Wildland Urban Interface. Section 17 of the
NFPA 1 is deleted in its entirety.
13
[(19)]@ Amending Section 18.2.3.2.1. Section 18.2.3.2.1 of the
NFP A 1 is amended to read:
"18.2.3.2.1 A Fire Department access road shall extend to within
fifty (50) feet of at least one exterior door that can be opened from the outside
and that provides access to the interior of the building. For one-or two-family
dwellings, this distance shall be increased to three hundred (300) feet."
[(20)] (22) Amending Section 18.2.3.2.1.1. Section 18.2.3.2.1.1 of the
NFP A 1 is amended to read:
"18.2.3.2.1.1 Where a townhouse is protected with an approved
automatic sprinkler system that is installed in accordance with NFP A 13D or
NFPA 13R, as applicable, the distance in 18.2.3.2.1 shall be permitted to be
increased to one hundred fifty (150) feet. For a one-or two-family dwelling,
this distance shall be permitted to be increased to six hundred (600) feet."
[(21) Adding Section 18.2.3.4.1.1.1. A new Section 18.2.3.4.1.1.1 is
added to read:
"18.2.3.4.1.1.1 A Fire Department access road serving less than
twenty (20) residential units shall be a minimum unobstructed width of
sixteen (16) feet with a minimum twelve (12) feet wide driving surface."]
[(22)] {2_fil Amending Section 18.2.3.4.2. Section 18.2.3.4.2 of the
NFP A 1 is amended to read:
"18.2.3.4.2 Surface. As determined by the AHJ, Fire Department
access roads shall be designed and maintained to support the imposed loads
of fire apparatus and shall be provided with an all-weather driving surface."
[(23)] (24) Amending Section 18.2.3.4.4. Section 18.2.3.4.4 of the
NFP A 1 is amended to read:
"18.2.3.4.4 Dead-Ends. Dead-end Fire • Department access roads in
excess of one hundred fifty (150) feet in length shall be provided with
approved provisions for the fire apparatus to turn around. For one-or
two-family dwellings, a dead-end Fire Department access road longer than
three hundred (300) feet is required to provide provisions for the turning
around of fire apparatus within one hundred fifty (150) feet of the end of the
access road."
[(24)] (25) Adding Section 18.2.3.4.4.1. A new Section 18.2.3.4.4.1 is
added to read:
"18.2.3.4.4.1 A Fire Department access road less than twenty (20) feet
wide, exceeding three hundred (300) feet in length, may be required by the
AHJ to make provisions for the passing of fire apparatus by providing
approved pullouts.
14
As determined by the AHJ, pullouts shall be reasonably located, based
on sight distance, road curvature, and grade; and shall be a minimum size of
eight (8) feet wide and thirty (30) feet long with tapered ends."
(26 ) Amendin g Section 18.3 of the NFPA 1, as amended b v the State
Fire Code , is amended to read:
"18.3.1 A water supp l y a pp roved b y the County. cap able of suppl ying
the re q uired fire flow for fire p rotection shall be p rovided to all p remises u pon
which facilities or buildings . or p ortions thereof. are hereafter constructed. or
moved into or within the County . When any p ortion of the facility or buildin g
is in excess of one hundred fift y (150) feet from a water suppl y on a Fire
Dep artment access road , as measured b y an a pp roved route around the
exterior of the facilitv or building, on-site fire h ydrants and mains cap able of
supp l ving the re q uired fire flow shall be p rovided when re q uired b y the AHJ.
For on-site h y drant re q uirements see Section 18.5.1.
a. Exce p tions:
1. ·when facilities or buildings . or p ortions thereof. are
comp letely p rotected with an a pp roved automatic fire s prinkler
s ystem . the p rovisions of Section 18.3.1 may be modified b y the AHJ.
2. ·when water suppl y re quirements cannot be installed due
to to p ograp h y or other conditions . the AHJ may re q uire additional fire
protection as s pecified in Section 18.3.1.1. as amended in this Code.
3. ·when there are not more than two dwellin gs , or two
private garages, carports . sheds . and a gricultural occup ancies , the
re q uirements of Section 18.3.1 may be modified b y the AHJ.
4. For one-or two-family dwellin gs , when a water supp l y to
be used for firefi ghtin g acce p table to the AHJ is farther than six
hundred (600) feet to the structure . an automatic fire sp rinkler svstem
may be re q uired b y the AHJ."
(27 ) Adding Section 18.4.6. Section 18.4.6 of the NFPA 1 as amended
b y the State Fire Code. is amended b y addin g a new subsection to be
desi gnated subsection 18.4.6 to read as follows:
"18.4.6 Fire Flow re q uirements for land use develo p ment
18.4.6.1 Fire flow , h vdrant s p acin g. and dedicated water suppl y for fire
p rotection shall be in accordance with the re q uirements for desi gnated
land-use.
15
A griculture: 250 GPM, Duration 1 Hour. h y drant s p acing 500 feet
Single Family, Dup lex , PUD Townhouses, A p artments: Fire flow ,
Duration, and H v drant S p acing shall be dictated by the followin g
zoning district designations described in the Kauai County Code.
R-2 500 GPM , Duration 1 Hour, h v drant s p acing 500 feet.
R-4 750 GPM , Duration 2 Hours, h ydrant s p acing 50Ofeet.
R-6 1.000 GPM , Duration 2 Hours, h y drant s pacing 500 feet.
R-10 1250 GPM . Duration 2 Hours, h y drant s p acing 350 feet.
R-20 1500 GPM. Duration 2 Hours. h y drant s p acing 350 feet.
RR-10 1500 GPM , Duration 2 Hours. h y drant s p acing 350 feet.
RR-20 2000 GPM , Duration 2 Hours, h y drant sp acing 350 feet.
Schools , Retail Stores, or Shop s , Shopp ing Centers, Hotels , and
Hos pitals: 2 .000 GPM . Duration 2 Hours. h y drant s pacing 350 feet.
Industry : 3.000 GPM, Duration 3 Hours, h ydrant s p acing 350 feet.
18.4.6.1.1 For structures over 1.500 s q uare feet on a gricultural
zoned land use , the AHJ may use 2021 Version of NFPA 1 and
all other referenced 2021 version of NFPA p ublications to
determine minimum fire flow re q uirements.
18.4.6.1.2 Alternative Methodolo gy to satisfy minimum fire flow
re q uirements for both residential and non-residential
structures: The AHJ may use the 2021 NFPA 1 and all
referenced 2021 NFPA p ublications."
[(25)] (28) Amending Section 18.5.4. Section 18.5.4 of the NFPA 1,
as amended by the State Fire Code, is amended by adding the following
sentence to the end of the paragraph:
"Records of the acceptance test shall be made available for inspection
by the AHJ."
[(26)] (29) Amending Section 20.1.1.1. Section 20.1.1.1 of the
NFP Al is amended to read:
"20.1.1.1 Permits. A permit is required for places of assembly with an
occupant load capacity of three hundred (300) or more persons, such as
restaurants, nightclubs, dancing, and drinking establishments. See also
added Section 1.12.8."
16
[(27)1 (30) Amending Section 20.1.5.10.3.1. Section 20.1.5.10.3.1 of
the NFP A 1 is amended to read:
"20.1.5.10.3.1 Every room constituting an assembly occupancy shall
have the occupant load of the room posted in a conspicuous place near the
main exit from the room. The occupant load shall be established per the
current Building Code."
[(28)] fill Amending Section 25.1.2. Section 25.1.2 of the NFPA 1 is
amended to read:
"25.1.2 Permits. A permit is required to erect or operate a tent or
canopy having an area of two thousand one hundred (2,100) square feet or
more. See also added Section 1.12.8."
[(29)] (32) Amending Section 50.4.3.3. Section 50.4.3.3 of the
State Fire Code is amended to read:
"50.4.3.3. Prior to the commencement of initial cooking operations, a
satisfactory air acceptance test of the system shall be made in accordance
with the manufacturer's instructions. The acceptance test shall be of an
approved method and witnessed by the AHJ."
[(30)] .illfil Amending Section 66.1.5. Section.6,6.1.5 of the NFPA 1,
as amended by the State Fire Code, is amended to read:
"66.1.5. Permits · and Plans. Tank installations within the jurisdiction
of the County of [Kauai] Kaua'i shall be approved of by the County of Kaua'i,
Planning Department, prior to the submission of an application for the tank
installation permit to the Fire Chief. For installations on State of [Hawaii]
Hawai'i conservation zoned areas, tank installations shall be reviewed and
approved of by the State of [Hawaii's] Hawai'i's Department of Land and
Natural Resources. See also added Section 1.12.8."
[(31)] (34) Amending Section 69.1.2. Section 69.1.2 of the NFPA 1 is
amended to read:
"69.1.2 Permits. Permits are not transferable and any change in use,
occupancy, operation, ownership, vendor, or capacity shall require a new
permit.
LP-gas installations requiring a permit shall have its permits on site
and available for inspection by the Fire Chief. Additionally, the permit
applicant shall submit to the Fire Chief, concurrently with the permit
application, a copy of the plot and cross-sectional plans for the property
indicating distances from property lines, surrounding buildings, other fuel
tanks located on the premises, dispensers, emergency electrical shutoff, vent
lines and diameters, piping, location of fire extinguishers, and necessary
signage and placarding.
17
Container installations on Kaua'i must have received approval by the
County of Kaua'i Planning Department before submitting an application to
the County of Kaua'i Fire Department for a LP-gas container installation
permit. For installations on State of [Hawaii] Hawai'i conservation zoned
areas, container installations shall be reviewed by the State Department of
Land and Natural Resources. See also added Section 1.12.8."
[(32)] illfil Amending Section 69.3.6.1.2. Section 69.3.6.1.2 of the
NFP A 1 is amended to read:
"69.3.6.1.2 LP-Gas containers or systems of which they are a part shall
be protected from damage from vehicles in accordance with Section 60.5.1.9,
as amended by the State Fire Code."
[(33) Amending Section 12-45.3-86. Section 12-45.3-86 of the NFPA
1, as amended by the State Fire Code, is amended to read:
"12-45. 3-86 Required Water Supply for Fire Protection. Section 18.3.1
is amended to read as follows: 18.3.1 A water supply approved by the County,
capable of supplying the required fire flow for fire protection shall be
provided to all premises upon which facilities or buildings, or portions
thereof, are hereafter constructed, or moved into or within the County. When
any portion of the facility or building is in excess of one hundred fifty (150)
feet from a water supply on a Fire Department access road, as measured by
an approved route around the exterior of the facility or building, on-site fire
hydrants and mains capable of supplying the required fire flow shall be
provided when required by the AHJ. For on-site hydrant requirements see
Section 18.5.1.
Exceptions:
1. When facilities or buildings, or portions thereof, are
completely protected with an approved automatic fire sprinkler
system, the provisions of Section 18.3.1 may be modified by the AHJ.
2. When water supply requirements cannot be installed due
to topography or other conditions, the AHJ may require additional fire
protection as specified in Section 18.3.1.1, as amended in this Code.
3. When there are not more than two dwellings, or two
private garages, carports, sheds, and agricultural occupancies, the
requirements of Section 18.3.1 may be modified by the AHJ.
4. For one-or two-family dwellings, when a water supply to
be used for firefighting acceptable to the AHJ is farther than
six hundred (600) feet to the structure, an automatic fire sprinkler
system may be required by the AHJ."]"
SECTION 4. If any provision of this Ordinance or the application
thereof to any person, persons, or circumstances is held invalid, the invalidity does
not affect the other provisions or applications of this Ordinance that can be given
18
effect without the invalid provision or application, and to this end, the provisions of
this Ordinance are severable.
SECTION 5. Ordinance material to be repealed is bracketed. New
Ordinance material is underscored. When revising, compiling, or printing this
Ordinance for inclusion in the Kaua'i County Code 1987, as amended, the brackets,
bracketed material, and underscoring need not be included.
SECTION 6. This Ordinance shall take effect sixty (60) days after the
date of approval, but nothing in this Ordinance shall be construed to prohibit any
person from complying with the provisions of the new Code and the amendments
thereto adopted hereunder .
DATE OF INTRODUCTION:
November 13, 2024
Lihu'e, Kaua'i, Hawai'i
Introduced by:
uu~Q_l'Q-._ Co wdev,
FELICIA COWDEN
(By Request)
V:\BILLS\2022-2024 TERM\2024-589 PDB relating to the Fire Code -rec from KFD 11-1-24FC
CNT_mdt.doc
19
CERTIFICATE OF THE COUNTY CLERK
I hereby certify that heretofore attached is a true and correct copy of
Bill No. 2938, which was passed on first reading and ordered to print by the Council of
the County of Kaua'i at its meeting held on November 13, 2024, by the following vote:
FOR PASSAGE:
AGAINST PASSAGE:
EXCUSED & NOT VOTING:
RECUSED & NOT VOTING:
Lihu'e, Hawai'i
November 13 , 2024
Bulosan, Carvalho, Cowden, DeCosta,
Kuali'i, Rapozo TOTAL-6,
TOTAL-0,
TOTAL-1,
TOTAL-0.
None
Kagawa
None
ountain-Tanigawa
County Clerk, County of Kaua'i