Wildfire safety rules for the Plantation Camp area

General Provisions.Lands Included.All lands within the Plantation Camp Zoning District.For resilient vegetation purposes, all lands adjacent to the Plantation Camp Zoning District.Other Laws and Regulations. All improvements, clearing, and maintenance subject to this Article shall comply with other applicable laws and regulations, including but not limited to the State and County Fire Codes, Building Code, Subdivision Ordinance, Special Management Area regulations, and Sediment and Erosion Control Ordinance. In case of a conflict between this Article and the requirements of any other Federal, State, or County law, such as the State Fire Code or the County Fire Code, the more restrictive requirements shall apply.The County shall not be liable for expenses incurred in the removal or replacement of any material required for the landowner to comply with this Article or to allow inspection.Interpretation. In the interpretation and application of this Article, all provisions shall be:Considered as minimum requirements:Liberally construed in favor of the County; andDeemed to neither limit nor repeal any other requirement, power, or duty prescribed under Federal, State, or County law.Warning and Disclaimer of Liability. The degree of wildfire and wildland urban interface required by this Article is considered reasonable for regulatory purposes and is based on wildfire hazard assessment considerations. Wildfires can and will occur on occasion. This Article does not imply that land outside the area of the Plantation Camp WUI will be free from wildfire risk. This Article shall not create liability on the part of the County of Kaua'i or any officer or employee for any damages that result from reliance on this Article or any administrative decision lawfully made based on this Article.Definitions.means the organization (formerly referred to as the American Society for Testing and Materials) that develops standards and publishes voluntary consensus technical international standards for a wide range of materials, products, systems, and services.means the area identified by the Plantation Camp WUI Viewer that is within the Plantation Camp District boundaries and is vacant or undeveloped on September 8, 2025 (the effective date of Ordinance No. PM-2025-425).means the area identified by the Plantation Camp WUI Viewer that is within the Plantation Camp District boundaries and was previously developed and is an existing built environment on September 8, 2025 (the effective date of Ordinance No. PM. 2025-425).means the County of Kaua'i.means an area either natural or manmade, where material capable of allowing a fire to spread unchecked has been treated, cleared, or modified to slow the rate and intensity of an advancing wildfire through a wildland area and to create an area for structure defense operations to occur.means material that in its natural state can readily ignite, burn, and rapidly transmit fire. For the purposes of this Article this definition is limited solely to the three following plant species: 1) Megathyrsus maximus or commonly known as "Guinea Grass," 2) Leucaena leucocephala or commonly known as "Haole Koa." and 3) Cenchrus ciliaris or commonly known as "Buffel Grass."means the process of filling openings and joints between walls, floors, and roofing material to inhibit the spread of fire between compartments within a structure.means any kindling, logs, timber, or other portions of a tree of any species four (4) feet or less in length, cut or split, or intended to be cut or split. into a form and size appropriate for use as fuel for fires in an open pit, imu, grill, fireplace, stove, or other wood burning furnace or device.as applied to building construction material means a material treated or manufactured to delay ignition and tested to conform to ASTM E84 or ASTM E2768. Examples include but are not limited to fire-treated wood, dense hardwoods like ipe, and fiber-cement boards.as applied to building construction material means a material of which no part will ignite and burn when subjected to fire and tested to conform to ASTM E136. Examples include but are not limited to concrete, metal, glass, and stone.means a roof covering consisting of any of the following: (1) cement (or fiber-cement) shingles or sheets. (2) ferrous shingles or sheets, or (3) slate shingles.means the area of land that extends 5 feet measured perpendicularly from the edge of the exterior walls of a structure and any unenclosed appendages or projections (including but not limited to lanais, porches, and stoops).means an online atlas in effect on September 8, 2025 (the effective date of Ordinance No. PM-2025-425) and generated through an analysis of the Kaua'i Community Wildfire Protection Plan. 2024, additional consultation with the Kaua'i Fire Department, Kaua'i Emergency Management Agency, and the Hawai'i Wildfire Management Organization. The Viewer indicates the Plantation Camp WUI district boundaries.means an area that applies to the primary structure itself, and it includes requirements for ember ignition mitigation and fire-resistant construction to reduce the risk of structure ignition.means a system designed to provide weather protection and resistance to design loads. The system consists of a roof covering and roof deck or a single component serving as both the roof covering and the roof deck. A roof assembly can include an underlayment, thermal barrier (i.e., insulation), ignition (fire) barrier, insulation, or a vapor retarder.means the covering applied to the roof deck for weather resistance or appearance. The roof covering and underlying components are part of the fire rating for the roof assembly.means that flat or sloped surface of a roof not including its supporting members or vertical supports.means a structure that is subordinate to, and the use of which is incidental to that of the primary structure or use on the same lot or parcel and not used for human occupancy of habitation. An accessory structure is not a primary structure.means a structure that is used for the principal use permitted in the zoning district. In the Plantation Camp, primary structures include but are not limited to residential dwelling units, commercial buildings, and schools. A primary structure is not an accessory structure.means any cumulative series of repairs, reconstruction, improvements, or additions to a structure over a 10-year period, where the cumulative cost equals or exceeds 50% of the market value of the structure before the start of construction of the first improvement during that 10-year period. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The value of any substantial improvement shall be determined by the Planning Director or his/her authorized representative. The term does not, however, include any project for improvement of a structure to correct existing violations of a State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.means an accessory structure without a complete exterior wall system enclosing the area under roof or floor above.means an uncontrolled fire spreading through vegetative fuels, exposing and possibly consuming structures.means an area in which development is essentially nonexistent, except for roads, railroads, power lines, and similar facilities.means the zone of transition between unoccupied land and human development. It is the line, area, or zone where structures and other human development meet or intermingle with undeveloped wildland or vegetative fuels.means an area that extends five feet horizontally from the exterior of a primary structure and any attached appendages and projections. It shall consist of noncombustible hardscape and materials. The purpose of this zone is to prevent direct flame contact and reduce the risk of ember ignition at the structure's base.means an area that extends from the edge of Zone 0 to 30 feet away from the structure or to the property line, whichever is closer. It requires vegetation management such as pruning lower limbs, spacing trees and shrubs, and removing combustible materials to reduce fuel loads and slow fire spread toward the structure. Fire-prone vegetation is prohibited.means an area that extends from the edge of Zone 1 to 100 feet away from the structure or to the property line, whichever is closer. It requires vegetation management such as pruning lower limbs, spacing trees and shrubs, and removing combustible materials to reduce fuel loads and slow fire spread toward the structure.Primary Structure Zone.Construction Requirements. For any newly proposed primary structures, or substantial improvements of existing structures, the following construction requirements shall be met:Roofs. Roofs shall have a roof assembly that complies with a Class A rating when tested in accordance with ASTM E108. For roof assemblies where the profile allows a space between the roof covering and roof deck, the space shall be fire-stopped to prevent entry of flames or embers.Gutters and Downspouts. Gutters and downspouts shall be constructed of metal material. Gutters shall be covered with a noncombustible material to prevent the accumulation of debris within the gutter.Exterior walls. A minimum of 6 inches of noncombustible material vertically on the exterior of the wall shall be installed at the ground, decking, and roof intersections.Post and pier. If any primary structure is elevated, the post and pier material shall be noncombustible.Underfloor Enclosure. Primary structures elevated on post and pier and any attached appendages and projections such as decks, lanais, porches, and stoops elevated on post and pier shall have underfloor areas enclosed to the ground with noncombustible corrosion-resistant mesh screen size not to exceed 1/8 inch (3.2 mm). The mesh shall meet the following additional requirements:Extended down to be flush with grade and abut against the adjacent 5-foot concrete hardscape groundcover required under Section 8-8A.5(d)(1); and.Any associated material including but not limited to framing material or covering material (such as lattice) shall be noncombustible; and.At least one area of the underfloor area mesh screening shall be constructed and framed in a manner to allow a minimum 16" x 24" of the mesh screen to be removed for access and maintenance purposes of the underfloor area. The framing and any other associated material for this access section of the mesh screening shall be made of noncombustible material.Appendages and projections. Unenclosed appendages and projections attached to buildings such as decks, lanais, porches, and stoops elevated on post and pier shall have underfloor areas enclosed to the ground with noncombustible corrosion-resistant mesh screen size not to exceed 1/8 inch (3.2 mm) pursuant to Subsection 8-8A.5(c)(1)(E). Construction of appendages and projections shall meet the following additional requirements:When elevated, to prevent any ember intrusion beneath the underfloor area, all floorboards shall be flush with each other without any parallel space apart from each other.Noncombustible or ignition-resistant material is required for all flooring material.Exception: if the flooring material, such as floorboards, are comprised of combustible material, at a minimum all floorboards perpendicular to a wall or a post shall be ignition resistant within 6 inches of the deck-to-wall or deck-to-post intersection.Noncombustible or ignition-resistant material is required for all walls and posts that are perpendicular to the deck.Exception: if the wall or post is comprised of combustible material, at a minimum the wall or post shall have 6 inches of noncombustible flashing installed at the wall-to-deck or post-to-deck intersection.Vents. Ventilation openings for enclosed attics (e.g., gable ends, ridge ends, and enclosed eave soffit spaces), enclosed rafter spaces formed where ceilings are applied directly to the underside of roof rafters, underfloor ventilation, foundations, and crawl spaces; under eaves and cornices; or for any other opening intended to permit ventilation, either in a horizontal or vertical surface, shall resist the intrusion of burning embers and flames by meeting one of the following requirements:Performance-based requirements: Corrosion-resistant ember and flame-resistant vents tested to conform to ASTM E2886.Prescriptive-based requirements: Vents shall be made of a noncombustible material and covered on the exterior with noncombustible corrosion-resistant mesh with openings not to exceed 1/16 inch (1.6 mm).Exceptions: Dryer vents shall have a properly functioning solid louver or flap in lieu of mesh. Plumbing vents are excluded from these requirements.Exterior glazing. Each primary structure's exterior windows, window walls, glazed doors, and windows within exterior doors shall be dual pane tempered glass or have a fire protection rating of not less than 20 minutes and tested to conform to ASTM E119.Addressing. Each primary structure shall have its address marked on its exterior thoroughfare facing wall, and it shall be clearly visible from the thoroughfare.Maintenance Requirements. For all primary structures, the following maintenance requirements shall be met:The roof shall be kept clear of debris, paying particular attention to roof intersection area (e.g., roof-to-wall, at entry to through-roof vents, and at the roof edge, if a gutter is installed).Gutters and downspouts shall be kept clear of debris such as leaves and pine needles.Unenclosed appendages and projections attached to buildings such as decks, lanais, porches, carports, and stoops shall meet the following requirement:Only noncombustible items or materials are allowed to be stored or placed within the attached unenclosed appendages and projections. Any combustible materials in this area shall be enclosed entirely within a noncombustible storage unit sealed in a manner that prohibits any fire ember intrusion into the unit.The requirements of Subsection 8-8A.5(c)(2) may be waived for Area B identified in the Plantation Camp WUI Viewer if an alternative maintenance management plan is accepted and approved by the Fire Department.Zone 0: 5-Foot Noncombustible Zone (NCZ) Requirements.Construction Requirements. For any newly proposed primary structures, or substantial improvements of existing primary structures, a 5-foot groundcover comprised of concrete hardscape with a depth of at least 4 inches shall be constructed in the NCZ. This is not required for accessory structures.In Area B, alternative hardscape commensurate to concrete approved by the Planning Director may be substituted for concrete when the respective slope of the NCZ exceeds 10 percent.Maintenance Requirements. This zone is the most critical zone of defensible space and requires the most stringent fuel reduction and regular maintenance to protect against wildfire. In the NCZ the following regulations shall apply:Ground cover within the NCZ shall be noncombustible and free of debris such as leaves and pine needles.Fire-prone vegetation overhanging the roof is prohibited within the NCZ.Only noncombustible items or materials are allowed. Any combustible materials in this area shall be enclosed entirely within a noncombustible storage unit sealed in a manner that prohibits any fire ember intrusion into the unit.The requirements of Subsection 8-8A.5(d)(2) may be waived for Area B identified in the Plantation Camp WUI Viewer if an alternative vegetation management plan is accepted and approved by the Fire Department.Zone 1: 30-Foot Defensible Space Requirements.Construction Requirements. In Area A, all primary structures shall be setback at least 30 feet from any other primary structures measured from the edge of each primary structure's exterior walls or its unenclosed appendages or projections (including but not limited to lanais, porches, and stoops).Maintenance Requirements. The area beyond the primary structure shall have a regularly maintained defensible space of 30 feet measured from the edge of the exterior walls of the primary structure and its unenclosed appendages and projections (including but not limited to lanais, porches, and stoops). This includes:Routine removal of accumulated vegetative debris, which may include but not be limited to fallen pine needles, leaves, twigs, and any dead vegetation, including piles from pruning.Vegetation with canopies within 30 feet of a primary structure shall be maintained as follows:Vegetation with a trunk of 4 inches in diameter or greater when measured at a height of 4.5 feet above the ground:Shall have limbs and branches pruned to a minimum height of 6 feet off the ground.Shall have a minimum of 10 horizontal feet of spacing between the tree canopy and the next closest tree, shrub, or bush canopy, but may be clustered in small groupings with a combined canopy not larger than 10 feet in horizontal diameter.Shall have a minimum of 5 horizontal feet between a tree canopy and the primary structure.Vegetation with a trunk less than 4 inches in diameter when measured at a height of 4.5 feet above the ground or less than 4.5 feet tall:Are prohibited under larger trees.Are prohibited from having a canopy larger than 10 feet in horizontal diameter, but may be clustered in small groupings with a combined canopy not larger than 10 feet in horizontal diameter.Shall have a minimum horizontal space between canopies of at least 10 feet.Firewood is prohibited in this 30-foot defensible space area from the primary structure. Firewood is only allowed in this area if it is enclosed entirely within a noncombustible storage unit sealed in a manner that prohibits any ember intrusion into the unit during a wildfire event.Fire-prone vegetation is prohibited 30 feet from any primary structure, measured from the edge of the exterior walls of the primary structure and its unenclosed appendages, and projections (including but not limited to lanais, porches, and stoops).The following plant species are exempt from the requirements of Subsection 8-8A.5(e)(2):Colocasia esculenta, also known as kalo or taro.Musa, also known as banana.The requirements of Subsections 8A.5(e)(2) may be waived for Area B identified in the Plantation Camp WUI Viewer if an alternative vegetation management plan is accepted and approved by the Fire Department.Zone 2: 30-Foot to 100-Foot Resilient Landscape Requirements.Maintenance Requirements: Zone 2 shall be managed as follows:Fire-prone vegetation shall not exceed eighteen (18) inches in height when located between thirty (30) feet and one hundred (100) feet from any primary structure, measured from the edge of the exterior walls of the primary structure or unenclosed appendages and projections (including but not limited to lanais, porches, and stoops).Fire-prone vegetation greater than eighteen (18) inches in height shall have a one hundred (100) foot setback from all primary structures, measured from the edge of the exterior walls of the primary structure or unenclosed appendages and projections (including but not limited to lanais, porches, and stoops).Routine removal of accumulated vegetative debris, which may include but not be limited to fallen pine needles, leaves, twigs, and any dead vegetation, including piles from pruning.Excluding fire-prone vegetation, vegetation with canopies shall be maintained as follows:Vegetation with a trunk of 4 inches in diameter or greater when measured at a height of 4.5 feet above the ground:Shall have limbs and branches pruned to a minimum height of 6 feet off the ground.amShall have a minimum of 10 horizontal feet of spacing between the tree canopy and the next closest tree, shrub, or bush canopy, but may be clustered in small groupings with a combined canopy not larger than 10 feet in horizontal diameter.Vegetation with a trunk less than 4 inches in diameter when measured at a height of 4.5 feet above the ground or less than 4.5 feet tall:Are prohibited under larger trees.Are prohibited from having a canopy larger than 10 feet in horizontal diameter, but may be clustered in small groupings with a combined canopy not larger than 10 feet in horizontal diameter.Shall have a minimum horizontal space between canopies of at least 10 feet.The following plant species are exempt from the requirements of Subsection 8-8A.5(f):Colocasia esculenta, also known as kalo or taro.Musa, also known as banana.Any species planted for cultivation and sales that is part of an agricultural operation larger than one (1) acre as determined by the Planning Director, and the species are maintained in a manner reviewed and approved by the Fire Chief.The requirements of Subsection 8A.5(f) may be waived for Area B identified in the Plantation Camp WUI Viewer if an alternative vegetation management plan is accepted and approved by the Fire Department.Other Requirements for Accessory Structures.Construction Requirements. For any newly proposed unattached accessory structures or substantial improvements to unattached accessory structures that are within 30 feet of the primary structure and that have a footprint greater than or equal to 15 square feet (including but not limited to sheds, gazebos, poultry cages, open-covered structures with a solid roof, dog houses, and playhouses), the following construction requirements shall be met:Not counting noncombustible storage units sealed in a manner that prohibit any ember intrusion into the unit, no more than 3 total accessory structures are allowed within 30 feet of the primary structure.Fences. All fences within 30 feet of any other structure (accessory or primary) shall be constructed with noncombustible materials.Maintenance Requirements. Each accessory structure shall have its own 5 feet of NCZ (as prescribed under Subsection 8A.5(d)(2)) that does not overlap the 5-foot NCZ required for a primary structure, appendages and projections (including but not limited to lanais, porches, and stoops), or other accessory structures.The requirements of Subsection 8A.5(g)(2) may be waived for Area B identified in the Plantation Camp WUI Viewer if an alternative vegetation management plan is accepted and approved by the Fire Department.Fire Prevention Outreach and Education Requirements.Conduct a workshop titled "How to Have a Fire Adapted Home and Community." At least once per year, the landowner shall coordinate with the Fire Department, Kaua'i Emergency Management Agency, and Planning Department to set up and conduct at least one workshop for camp tenants that teach the principles of fire prevention and evacuation. Topics for discussion shall include but need not be limited to defensible space, landscaping, and home hardening. The landowner shall demonstrate good faith efforts to ensure that at least one member or representative of each household attends each workshop. Workshops shall be scheduled for evenings or weekends when most homeowners are available. Material shall be available at the workshops that promote fire risk reduction practices and strategies.A report on the workshop format and participation shall be provided to the Fire Department and Planning Department no later than June 30 of every calendar year.Defensible Space Clean-Up Event. At least once per year, and in coordination with the Fire Department and Planning Department, the landowner shall hold a defensible space clean-up of the camp with camp tenants. Clean-up activities shall include but need not be limited to the following:Remove combustible material from the NCZ.Remove flammable vegetative material from roofs and gutters.Trim shrubs and vines to 30 feet away from primary structures.Trim overhanging limbs.Remove hazardous or flammable debris from properties.A report on the clean-up event format and participation shall be provided to the Fire Department and Planning Department no later than June 30 of every calendar year.Additional Access Roadway Requirements.Prior to building permit approval within any of the plantation camps, the landowner shall execute an emergency access plan for each of the respective camps approved by the Fire Department, Kaua'i Emergency Management Agency, and State Department of Transportation.Prior to any final subdivision map approval in Special Planning Area P (SPA-P), the Numila Plantation Camp Walkable Mixed-Use District for Numila Camp, and subject to the approval of the Department of Public Works, Fire Department, Planning Department, and State Department of Transportation, the landowner shall establish at least two publicly available multimodal vehicular access roads and easements to SPA-P. These additional access roads and easements shall connect SPA-P Numila Camp to Kaumuali'i Highway and provide a right-of-way of sufficient width to accommodate two-way vehicular traffic, as required by the Department of Public Works. The access roads and easements shall be unobstructed and maintained for multimodal and vehicular use. The access roads and easements shall be clearly defined through metes and bounds descriptions, depicted on a map prepared by a Licensed Professional Land Surveyor, and recorded with the Bureau of Conveyances.Prior to any final subdivision map approval in Special Planning Area O (SPA-O), the Kaumakani Plantation Camp Walkable Mixed-Use District for Kaumakani Camp, and subject to the approval of the Department of Public Works, Fire Department. Planning Department, and State Department of Transportation, the landowner shall establish at least two publicly available multimodal vehicular access roads and easements to SPA-O. These additional access roads and easements shall connect SPA-Q Kaumakani Camp to Kaumuali'i Highway and provide a right-of-way of sufficient width to accommodate two-way vehicular traffic, as required by the Department of Public Works. The access roads and easements shall be unobstructed and maintained for multimodal and vehicular use. The access roads and easements shall be clearly defined through metes and bounds descriptions, depicted on a map prepared by a Licensed Professional Land Surveyor, and recorded with the Bureau of Conveyances.Prior to final subdivision map approval in Special Planning Area Q (SPA-Q), the Ka'awanui Plantation Camp Walkable Mixed-Use District for Ka'awanui Camp (Camp 6), and subject to the approval of the Department of Public Works, Fire Department, Planning Department, and State Department of Transportation, the landowner shall establish at least two publicly available multimodal vehicular access roads and easements to SPA-Q. These additional access roads and easements shall connect SPA-Q Ka'awanui Camp (Camp 6) to Kaumuali'i Highway and provide a right-of-way of sufficient width to accommodate two-way vehicular traffic, as required by the Department of Public Works. The access roads and easements shall be unobstructed and maintained for multimodal and vehicular use. The access roads and easements shall be clearly defined through metes and bounds descriptions, depicted on a map prepared by a Licensed Professional Land Surveyor, and recorded with the Bureau of Conveyances.Enforcement, Legal Procedures, and Penalties.The provisions herein shall be enforced in accordance with Section 10-7.2 and Section 8-3.5, Kaua'i County Code 1987, as amended. The Planning Director or the Director's designee shall only commence an enforcement investigation into violations of this Article when a formal complaint is by the Fire Chief or the Fire Chief's designee.