Building permits: when you need one and when you don't

105.1 Required. Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit. 105.2 Work exempt from permit. Exemptions from permit requirements of this code will not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Building permits will not be required for the following: 1. One-story detached accessory structures not greater than 120 square feet in gross floor area, not used as a habitable space, storage of motor vehicles or hazardous materials, and does not block egress. 2. One-story detached agricultural buildings 200 square feet or less in gross floor area within the county agricultural and rural districts having a minimum 10 feet clear unobstructed space from other structures. 3. Detached shade cloth structures not exceeding 20,000 square feet for nursery or agricultural purposes within the county agricultural districts having a minimum building separation of 15 feet from other structures, not including service systems. 4. Water tanks supported directly on grade if the capacity does not exceed: a. 5,000 gallons and the ratio of height to diameter or width does not exceed 2:1. b. 30,000 gallons and the ratio of height to diameter or width does not exceed 1:2. 5. Detached unroofed decks 30 inches or less measured from adjacent grade to the deck floor. 6. Underground tanks, utility vaults, individual wastewater systems, and similar structures not below an occupiable building. 7. Prefabricated swimming pools accessory to a Group R-3 occupancy in which the pool walls are entirely above the adjacent grade and do not exceed 5,000 gallons. 8. Reroofing (roof replacement and roof recover) of Group R-3 one- and two-family dwellings and Group U occupancies accessory to these dwellings where the structural components are not adversely affected. 9. Television and radio antennas and solar panels attached to roofs. 10. Window awnings in Group R-3 and Group U occupancies supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support and comply with fire separation distance requirements of this code or the International Residential Code. 11. Painting, papering, tiling, carpeting, cabinets, countertops, installation of shelves, and similar finish work. 12. Nonfixed and movable fixtures, cases, racks, counters, and partitions not over 5 feet 9 inches (1753 mm) in height. 13. Replacement of electrical, plumbing, and mechanical systems, not including commercial kitchen hood and ventilation systems, fire and standpipe systems, and other systems affecting fire resistive elements or assemblies or systems, and equipment requiring structural reinforcement. 14. Fences and walls not over 7 feet (2133.6 mm) high when measured from the lowest grade to the top of the fence or wall; and fences, as defined in section 19.04.040 , not over ten feet high when measured from the lowest grade to the top of the fence, and when used for the purpose of protecting agricultural operations, conservation areas, cultural sites, and public roadways from axis deer. The height of fences and walls must be measured separately from retaining walls when the fence or wall foundation is separate from the retaining wall structure. 15. Retaining walls which do not have more than 3 feet of retainage between the finish grade on each side of the wall and not greater than 7 feet in total height measured from the lowest grade to the top of the wall, unless supporting a slope steeper than 3 (horizontal) to 1 (vertical) or another retaining wall within a distance of twice the height of retainage. 16. Drainage structures. 17. Site work on property, including sidewalks, curbs, parking lots, driveways, planter boxes, and water features less than 24 inches (610 mm) in depth and other landscaping structures as determined by the building official. 18. Recreational and public safety structures, including swings, merry-go-rounds, slides, jungle gyms, goals, lifeguard stands and towers, and other recreational structures as determined by the building official. 19. Street light standards, utility poles, not including wireless telecommunication towers, or television antennas (dishes) over 7 feet in overall height. 20. Temporary construction tool sheds, fences, and jobsite offices on the same property where construction is occurring under a valid building, plumbing, electrical, grading permit, or approved by the building official. These temporary structures must be removed promptly after work has been completed or deemed complete by the building official. 21. Construction equipment used for work authorized by a valid permit or for work exempted from permit requirements. 22. Temporary tents or other coverings for private family parties or camping. 23. Temporary tents or coverings for uses other than private family parties or camping, up to a duration of 10 days. 24. Temporary motion picture, television and theater stage sets and scenery, and temporary exhibits and other related structures as approved by the building official. 25. Repairs which involve only the replacement of component parts of existing permitted work with similar materials for the purpose of maintenance and do not cost over $15,000, per structure in any 12-month period. 26. Work performed for any federal or State of Hawaiʻi governmental agency except where permits are specifically requested by the agency. 27. Work by an electric or telecommunication utility operating under a franchise or charter granted by the State of Hawaiʻi, provided that the work which is not regulated by the public utilities commission of the State of Hawaiʻi will be subject to the provisions of this code. If the utility claims an exemption under this provision, the utility has the burden of demonstrating to the satisfaction of the building official that the work is regulated by the public utilities commission. 28. Motor vehicles and trailers with a valid certificate of registration from the division of motor vehicles and licensing. Land use requirements enforced by the department of planning, and fire and life safety requirements enforced by the fire prevention bureau must be complied with. 29. Shipping containers within the county industrial zoning districts that are unaltered if: a. The shipping containers are used only for storage, except the storage of motor vehicles, hazardous materials, or personal property; b. The shipping containers are not used for habitation; c. A ten-foot minimum clearance is maintained between the shipping containers and other structures, and the shipping containers are not stacked or placed within any lot's setback; and d. Before placing the shipping container on the property, the property owner provides the department with a declaration, in a form prescribed by the department, stating the size, type, and location of the shipping container, along with a diagram showing the container's location on the property. 105.2.1 Emergency work. Emergency work may commence without a permit if there is a distinct life safety or fire safety hazard when approved by the building official. Emergency work shall be limited to shoring and bracing to stabilize the structure, or as otherwise approved by the building official. Appropriate permits shall be applied for as soon as possible. 105.2.2 Emergency alterations, repairs, reconstruction, and new construction of structures in disaster affected areas. A. Applicability. Any existing parcel affected by a disaster or civil defense emergency, recognized by the governor under chapter 127A, Hawaiʻi Revised Statutes, may construct, alter, repair, or reconstruct new and existing structures under this section. The provisions of this section remain in effect for a four-year period, beginning from the day the governor proclaims the state of disaster or emergency, and apply to those areas of the county covered by the governor's proclamation and as declared by the mayor. This four-year period may be modified or extended by the mayor with an emergency proclamation. For the purposes of this section: 1. "Residential structures" means single-family dwelling units or attached or detached accessory dwelling units and their accessory structures. 2. "Commercial struetures" means all other structures that do not meet the definition of residential structures as defined in this section. 3. "Recently built" means any existing dwelling or commercial structure constructed under a permit issued no more than five years prior to the date of a disaster or civil defense emergency, except permits for alterations or modifications. 4. "Reviewing department" means any state or county department referenced in section 16.25.105 (3.1) that the building official may request review a permit application. B. Modified permit application. The building official must make available a modified building permit application specifically prepared for the issuance of permits under this section. Modified applications for residential structures may consolidate the electrical, plumbing, driveway, grading, and other permits that are associated with the work and issued by the department of public works. Permits for commercial structures may not be consolidated into a modified application unless authorized by the building official. C. Review. The building official may review and approve the modified application without sending the application to other reviewing departments, except when the building official determines that review is necessary. The building official must obtain comments and concurrence from appropriate reviewing departments for any modified application that involves a commercial structure or causes a lot to contain more than two dwellings. D. Construction drawings. An applicant for a modified permit must submit construction drawings showing the location and scope of repair work, prepared by a registered design professional. The construction drawings must be reviewed and approved by the building official. The building official may use all available records, including records of the real property tax division of the department of finance, as the basis for establishing the legal shape and size of structures prior to damage. For the reconstruction of recently built residential structures or commercial structures, the previously approved construction plans may be submitted if the owner and the design professional authorize in writing to the building official the use of the previously approved construction plans. E. Permit fees. The building official may defer all plan review and permit fees on written request by the applicant, except that permit fees for commercial structures may not be deferred. The permit fee for the reconstruction of recently built residential structures or commercial structures using previously approved construction plans may be assessed at fifty percent of the permit fee. F. Permit issuance. The building official is authorized to issue building and associated permits that are issued by the department of public works based on the modified application. G. Processing. The building official is authorized to deputize additional staff and inspectors for the purpose of implementing the provisions of this section. All work must be performed in conformance with this code. H. Illegal construction. Permits issued under this section must not be interpreted to be an approval of any violation of federal, State, or County statutes, ordinances, or rules. The issuance of a permit does not relieve the applicant and the property owner from complying with any applicable statutes, ordinances, or rules. Structures or portions of structures that were illegally erected or constructed must not be repaired under this section. I. Time extensions. Building, electrical, and plumbing permits issued under this section may be extended in accordance with the provisions of the applicable code. J. Approval by default. If the building official does not take action by either approving, approving with conditions, or denying the modified application within fifteen calendar days after submittal of all information required by the building official, then the application is approved, and the permit must be issued on request by the owner; except that the building official may withhold issuing a permit if removal of debris generated by the disaster is incomplete, essential services are not restored, concurrence from a reviewing department is required by the building official, public infrastructure improvements immediately adjacent to the property are pending, or state or county land use approvals are not obtained. K. Compliance. The owner is solely responsible for compliance with all laws of the state, county, and federal government under this section, which may include obtaining other permits prior to construction. The owner must submit verification of compliance with all applicable laws when requested by the building official. L. Indemnification. Any owner proposing work under this section agrees to defend, indemnify, and hold harmless the building official and the county for the owner's failure to comply with any laws of the state, county, or federal government. 105.2.2.1 Deferred permit fee collection. Deferred fees must be paid prior to final inspection of the structure. If the deferred plan review and permit fees, including any penalties, are not paid, then the building official may employ the remedies provided by law to recover unpaid fees. 105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the department for that purpose. The application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 3. Indicate the use and occupancy for which the proposed work is intended. 4. Be accompanied by construction documents and other information as required in this code. 5. State the valuation of the proposed work. 6. Be signed by the applicant, or the applicant's authorized agent. 7. Give such other data and information as required by the building official. 105.3.1 Action on application. The application, construction documents and other information filed by an applicant for a permit shall be reviewed by the building official. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefor. Upon receipt of all required construction documents, the building official shall provide such documents to appropriate state and county departments for comments. In addition, the building official shall review such documents for compliance with this code and other codes the building official is responsible for administering. The departments shall provide their concurrence or provide substantive written comments on the construction documents no later than thirty calendar days from the date the building official sends the required documents to the departments. The building official may defer consideration of the building permit pending receipt of additional information from either the applicant or comments from a reviewing department, in which case the running of time is suspended. If reviewing departments do not provide comments within the required time period, the building official shall consider the department as having no comment on the construction documents, unless the building official requires a response from a reviewing agency as specified above. The failure of any reviewing department to comment within the specified time period shall not relieve the applicant of the responsibility to comply with all applicable laws, whether required by the county, state or United States governments, which may include obtaining other required permits prior to construction. Neither the building official in issuing a permit nor the County of Maui shall be responsible for the applicant's failure to comply with any applicable laws. After the time frame for comments has elapsed and the building official has received all required documents, the building official shall review the comments provided and shall approve the permit as submitted, or as it may be modified, or shall disapprove the same and shall express the disapproval and the reasons therefor in writing. 105.3.2 Time limitation of application. Any rejected permit application not corrected within sixty calendar days of the rejection may be deemed expired by the building official. All permit applications automatically expire after five years from the date the permit application is filed with the building official. 105.3.3 Plan review waiver. Pursuant to rules adopted by the department, the building official shall waive plan reviews if requested in writing by the registered design professional. The rules for waiving plan reviews shall include, but not be limited to: 1. The submitted plans, specifications, computations, or other data are developed by the structural engineer or architect, duly registered under the provisions of chapter 464, Hawaiʻi Revised Statutes; 2. The work described in an application for a plan review waiver is not located on property which abuts either the shoreline or a public beach reserve and is limited in scope as follows: single-family residences and accessory structures to single-family residences; and commercial interior and tenant improvements less than $125,000; 3. The work described in an application for a plan review waiver is not located on property within any historic district established by title 19 of the Maui County Code; 4. The architect or structural engineer shall certify that all applicable county, state, and federal requirements necessary for the granting of a building permit have been met prior to the issuance of a building permit. After certification by the architect or structural engineer, if it is determined that all requirements have not been satisfied, that failure shall be reported to the State Board of Professional Engineers, Architects, Surveyors, and Landscape Architects for further action; and 5. An applicant for a building permit shall execute a unilateral agreement providing for non-occupancy that shall prohibit occupancy of the structure until such time that all applicable county requirements are met, including but not limited to: a. Sewer assessments. b. Parks assessment. c. Water assessment. d. Infrastructure certification for accessory dwellings. e. Shoreline setback certification. f. Department of health certification. If the structure is occupied prior to obtaining a release from the non-occupancy agreement, the building permit applicant shall pay a $1,000 fine prior to the building official issuing a release from the agreement. Payment of this amount shall not limit the ability of the department to avail itself of any other remedies available by law. When the building official issues the permit where plans are required, the building official shall endorse in writing or stamp on the plans and specifications "APPROVED." When the building official issues the permit where a plan review is waived, "CONDITIONALLY APPROVED" shall be endorsed in writing or stamped on the plans and specifications. The approved plans and specifications shall not be changed, modified or altered without authorization from the building official, and all work shall be done in accordance with the approved plans. 105.4 Validity of permit. The issuance or granting of a permit or approval of construction documents shall not be construed to be a permit for, or an approval of, violation of any of the provisions of the Maui County Code. Permits presuming to give authority to violate or cancel the provisions of the Maui County Code shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data, or from ordering that the work be stopped when building operations are being carried out thereunder in violation of the Maui County Code. The building official is also authorized to prevent occupancy or use of a structure where in violation of the Maui County Code. Any building permit requiring an architect or structural engineer or a licensed contractor shall be suspended if the required architect or structural engineer or contractor notifies the building official in writing that said architect or structural engineer or contractor is withdrawing from the project. The date of permit suspension shall be the date that the building official acknowledges receipt of the written notification by the architect or structural engineer or contractor. The permit shall be deemed expired if the permit suspension exceeds one hundred eighty calendar days. 105.5 Expiration. Every permit issued by the building official under this code shall expire and be deemed void five years from the date of issuance of the permit. If a permit expires prior to work being completed, a new permit shall be obtained. 105.6 Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code. The registered design professional and owner shall be responsible to make corrections promptly to the satisfaction of the building official. 105.7 Job site construction plans and documents. The approved job site construction plans and documents shall be kept on the site of the work until the completion of the project when requested by the building official. ( Ord. No. 5761 , § 6, 2025; Ord. No. 5686 , § 1, 2024; Ord. No. 5629 , § 1, 2, 2024; Ord. No. 5507 , § 2, 2023) SECTION 106 FLOOR AND ROOF DESIGN LOADS