Building permit deadlines, extensions, and suspension or revocation rules

(a) Definitions. For the purposes of this section, the following definitions apply unless the context clearly indicates or requires a different meaning. Causes Beyond the Control of the Building Contractor or Owner. Includes but is not limited to: (1) Pending litigation where the validity of the building permit is itself at issue; (2) Public insurrection or devastating physical calamity such as tsunami or earthquake; (3) Unavailability of materials or equipment necessary for work to progress, where all reasonable efforts have been made to secure the materials or equipment; (4) Unusually severe weather or muddy ground conditions requiring cessation of all work on the building or structure. However, no extension of time shall be granted unless a written application therefor stating in detail the causes, the effect on the performance of work, the time during which the performance of work was actually suspended, and the portion or portions of the project affected, is filed by the contractor or owner with the building official within seven calendar days after the commencement of the delay; or (5) Lack of financing shall qualify under this definition only where an existing agreement for financing is unilaterally revoked by the lender because of the lending agency’s financial insolvency. Where the lack of financing prevents accomplishment of work, the building official may extend the permit deadline for a period not to exceed six months. Nonwork. Any of the following: (1) Clearing and grubbing after the initial clearing, or movement of equipment where nothing of substance is added to the building or structure; (2) Excavation and backfilling without putting any parts or components of the intended structure into place; (3) Financing activities of any kind; (4) Soil or other testing that does not meet the requirements of paragraph (8) under the definition of “work”; and (5) Preparation of environmental impact statements, applications for other permits, and reports submitted thereto. Suspension or Abandonment. A slowdown or cessation of the activity of putting construction into place to the extent that construction of the building or structure cannot be completed within the time specified in § 18-5.3 . Work. Any of the following: (1) Demolition of buildings and structures and the removal of material from the area where the building or structure authorized by the building permit is to be located; (2) Initial clearing and grubbing; (3) Fencing job site; (4) Construction of pedestrian protection; (5) Surveying to locate construction; (6) Surcharging and load testing of foundations; (7) Construction, installation, or fabrication of parts or components that are or will become part of the completed structure, such as driving piles or pouring concrete. This paragraph shall also include off-site activity, such as prefabrication of building components where the product of the activity will constitute at least 1 percent of the total cost of the contemplated project, or $10,000, whichever is less; (8) Soil or other testing, where: (A) Ordered in writing by any agency of the government of the United States, the State of Hawaii, or the City and County of Honolulu, after the issuance of the building permit; or (B) Unforeseen geological or physical conditions require additional testing to assure compliance with existing safety requirements; or (9) Any other substantial overt act that has taken place on the premises material to the effectuation of the project and that clearly indicates upon inspection that the project is going forward. (b) Deadlines for construction. (1) After a building permit has been issued under this chapter, work thereof shall commence within 180 days after the date of issuance of the building permit. (2) After the building or work authorized by a building permit has commenced, such building or work shall not be suspended or abandoned for a period of 120 days. (3) Foundation. At the end of two years after a building permit is issued, all foundation and structural work for the building or structure up to the ground floor level shall be completed. (4) In any case, all work shall be completed within three years, as prescribed in § 18-5.3 , subject to the exceptions mentioned therein. (c) Extension of time. When there is a strike or other causes beyond the control of the contractor or the owner, the building official may in writing extend the deadlines for construction specified in subsection (b) for such periods of time as the building official deems necessary, subject to the following conditions: (1) Under no circumstances may an extension of time exceed the amount of time work has been halted by strikes or other causes beyond the control of the owner or contractor. The building official shall maintain accurate records of all requests for extension and their subsequent disposition. The records must contain the name of the applicant, location of the project, and a detailed explanation of the reasons for granting or denying the request for extension. Any denial of extension may be appealed to the building board of appeals; (2) The findings of the building official must be conclusive with any facts that were the basis of the extension of time granted or denied by the building official, except where the building official’s findings are determined by the building board of appeals to be clearly erroneous and not supported by the evidence of facts, arbitrary, or capricious; (3) No extension of time may be granted by the building official or the building board of appeals, unless application for extension has been made to the building official before the deadlines specified in subsection (b) or of any such deadlines previously extended in accordance with this section; and (4) Any extension of time granted on the 180-day or 120-day period by the building official or the building board of appeals will also effect a corresponding extension of deadlines imposed by § 18-5.3 and subsection (b)(3). (d) Suspension or revocation of a permit. (1) The building official may issue a notice to suspend or revoke a permit pursuant to the requirements of subsection (e) whenever a permit is issued under this chapter: (A) In error; (B) On the basis of incorrect information supplied; (C) In violation of the building, electrical, or plumbing codes, or any other code, ordinance, or regulation; or (D) For a property cited for a code violation related to a gambling-related public nuisance. (2) No suspension imposed pursuant to this section will constitute a cause beyond the control of the building contractor or owner, as defined in this section, for which extensions may be received under subsection (c), unless the suspension is found by the appellate authority to be arbitrary, capricious, characterized by an abuse of discretion, or based upon a clearly erroneous finding of a material fact. (3) The building official may issue a notice to revoke a permit pursuant to subsection (e) if the building or work authorized by the permit is not commenced within 180 days after the date the permit was issued, or if the building or work authorized by the permit is suspended or abandoned for a period of at least 120 consecutive days after the work has commenced. (4) The building official may issue a notice to revoke a permit pursuant to the requirements of subsection (e) when a building or structure is not completed within the time specified in subsection (b)(3) and (b)(4). (e) Notice of suspension or revocation of a permit. (1) The building official shall serve to the permittee, pursuant to § 18-7.1 (c), a written notice of the suspension or revocation of a permit that sets forth the specific grounds for the suspension or revocation of the permit. The notice must state that the permittee may apply in writing for a hearing before the building board of appeals, and that such application must be submitted within 10 working days of receipt after the notice of suspension or revocation of a permit. (2) In computing the 10 working day deadline specified in subdivision (1) for the permittee to file an appeal, the day on which the permittee receives the building official’s notice will be omitted and the 10 working days will be calculated from the next working day. The last day of the period so computed will be included, unless it is a Saturday, Sunday, or holiday, in which case the period will end on the next day that is not a Saturday, Sunday, or holiday. As used in this subdivision, “holiday” means any day designated as such pursuant to HRS § 8-1. (3) If a notice of suspension is served to the permittee pursuant to § 18-7.1 (c), the permittee shall comply with the physical posting requirements of § 18-5.1 (d)(1). If a notice of revocation is served to the permittee pursuant to § 18-7.1 (c), the permittee shall remove the building permit in compliance with § 18-5.1 (d)(2). (f) Hearing by the building board of appeals. (1) Upon receipt of a written notice indicating that the permittee desires a hearing before the building board of appeals, the building official shall notify the permittee in writing of the date of such hearing. (2) Upon service of the notice by the building official as prescribed herein, any work in progress shall be suspended and stayed until a favorable written decision of the building board of appeals is served upon the permittee. If an unfavorable written decision is served upon the permittee, any work under the permit shall be stayed until the judge of the court in which an appeal has been filed pursuant to HRS Chapter 91 rules otherwise. (3) Every hearing held pursuant to this section shall be conducted in conformity with HRS Chapter 91. (g) Waiver. If the permittee indicates that such person does not desire a hearing before the building board of appeals or fails to apply for a hearing within the time specified in subsection (e)(1), the suspension or the revocation shall become effective from the date of service of such notice or the date noted on the return receipt for the certified or registered mail. (h) Permit revocation not appealed—compliance. (1) Where a permit has been revoked in accordance with this section and the permittee does not appeal the revocation to the circuit court as provided in HRS § 91-14, the permittee shall: (A) Remove or demolish the building or structure within 180 days from the date of such written notice; or (B) Obtain a new building permit to complete the required work in compliance with current laws and regulations and diligently pursue the work to completion. The fee for the new permit to complete construction of a project after revocation of a permit under this subsection shall be as provided in § 18-6.2 (c). (2) Where changes in applicable laws and regulations preclude obtaining a new permit under subsection (h)(1)(B), the owner may: (A) Finish the building up to the highest point of construction having a completed roof or floor slab. All structural walls, frames, and exterior walls below such roof or floor slab level shall be completed. Elevator machinery rooms, mechanical equipment rooms, other similar rooms and stairshafts located above the roof in the original plans and specifications may be installed above such completed roof or floor slab and finished together with the building. Other portions of the structure above the completed roof or floor slab shall be removed; or (B) Continue work according to approved plans and specifications upon payment of a “deadline extension” fee to the city that shall be 0.0005 times the original building valuation for each day of work estimated beyond the project completion deadline, up to a maximum of $1,000 per day to complete the structural walls and frames, exterior walls, and slabs. Where the structural walls, frames, exterior walls, and slabs are not completed within the estimated number of days covered by the deadline extension fee, an additional deadline extension fee shall be paid to the city based on an estimate of additional number of days to complete such work before work can again proceed. No refund shall be made where such work is completed in less than the number of days for which a deadline extension fee has been paid. Paragraphs (A) and (B) shall not apply to foundation and structural work for a building or structure up to the ground floor level. (i) This section shall not be construed to affect in any manner the authority of the building official to issue a stop work order pursuant to Chapter 16 . )