Title 6, County Organization And Administration

[§46-15.21] Housing choice voucher program. No county shall disqualify a legal nonconforming dwelling unit from the housing choice voucher program if the unit meets zoning and building code requirements and other program standards such as health and safety standards. [L 2017, c 1…

§46-15.25 Infrastructure dedication; affordable housing. (a) Infrastructure for affordable housing shall be deemed dedicated to the county if the county does not accept or reject the request for dedication of infrastructure within sixty days of the receipt by the appropriate coun…

§46-15.3 Regulation of adult family boarding home and care home. (a) For the purpose of regulation under a county's life safety code, building code, fire code, or any other ordinance of similar purpose, a licensed adult family boarding home or licensed care home that provides liv…

§46-15.35 Family child care homes; permitted use in residential areas and agriculturally designated districts. (a) For the purposes of zoning, family child care homes shall be: (1) Considered a residential use of property and shall be a permitted use in all residentially designat…

[§46-15.36] Hospice homes; permitted use in residential areas. For purposes of section 46-4, a hospice home shall be considered a residential use of property and shall be a permitted use in residentially designated zones including but not limited to zones for single-family dwelli…

§46-15.4 Administrative inspections and warrants. (a) The respective counties may conduct inspections to enforce sections 445-94 to 445-96. Each county may conduct its inspections without a warrant if the conditions enumerated in subsection (c) exist. A county shall conduct its i…

§46-15.5 Cooperation by state departments. All state departments, including the departments of human services and health, shall cooperate with the counties with respect to administrative inspections conducted under section 46-15.4, by providing information: (1) Regarding probable…

§46-15.6 Definitions. When used in this chapter, unless the context requires otherwise: "Premises" shall include but not be limited to a lodging or tenement house, group residence, group living arrangement, hotel, boardinghouse, or restaurant as further defined in section 445-90,…

[§46-15.7] Concurrent processing. When amendments to a county community or development plan, a county zoning map, or any combination of the two, are necessary to permit the development of a housing project, requests for amendments to these plans and zoning maps shall be allowed, …

§46-15.9 Traffic regulation; repair and maintenance; public right to use public streets, roads, or highways whose ownership is in dispute. (a) Any provision of law to the contrary notwithstanding, any county and its authorized personnel may impose and enforce traffic laws and sha…

§46-16 Traffic regulation and control over private streets. Any provision of law to the contrary notwithstanding, any county and its authorized personnel may impose and enforce traffic regulations and place appropriate traffic control devices, and may enforce chapters 249; 286; 2…

[§46-16.1] Prohibitions or restrictions on stopping, standing, or parking of vehicles on county highways. Each county, by ordinance, may prohibit or restrict the stopping, standing, or parking of vehicles by designating specific sections of county highways that shall be subject t…

[§46-16.2] Commuter benefits program. (a) The counties may adopt an ordinance establishing a commuter benefits program that consists of one or more of the following commuter benefits options: (1) A program, consistent with section 132(f) of the Internal Revenue Code of 1986, as a…

[§46-16.3] Regulation of commercial bicycle tours. Any law to the contrary notwithstanding, the council of any county may adopt and provide for the enforcement of ordinances regulating commercial bicycle tours on state and county highways, including but not limited to ordinances …

§46-16.5 Public passenger vehicle regulation. (a) The legislature finds and declares the following: (1) The orderly regulation of vehicular traffic on the streets and highways of Hawaii is essential to the welfare of the State and its people; (2) Privately-operated public passeng…

§46-16.8 County surcharge on state tax. [Section repealed December 31, 2030. L Sp 2017, c 1, §6.] (a) Each county may establish a surcharge on state tax at the rates enumerated in sections 237-8.6 and 238-2.6. A county electing to establish this surcharge shall do so by ordinance…

[PART IX.] TRANSFER OF DEVELOPMENT RIGHTS §46-161 Findings and purpose. The legislature finds that there is a need to clarify the authority of the counties to exercise the power to transfer development rights within a comprehensive planning program to: (1) Protect the natural, sc…

[§46-162] Definitions. As used in this part, unless the context clearly requires otherwise: "Council" means the county council. "Development rights" means the rights permitted for a lot, parcel, or area of land under a zoning ordinance or local law respecting permissible use, are…

§46-163 Conditions for the transfer of development rights. In addition to any existing power, duty, and authority of the counties to regulate land uses by planning or zoning, the counties are hereby authorized to transfer and regulate the transfer of development rights, subject t…

[§46-164] Procedures. Any county modifying its zoning ordinance or enacting a local law pursuant to this part shall follow the procedure for adopting and amending its ordinances. [L 1998, c 296, pt of §1]

[§46-165] Other rights not affected. Nothing in this part shall be construed to invalidate any provision relating to the transference or purchase of development rights heretofore or hereafter adopted by any county. [L 1998, c 296, pt of §1]

§46-17 Regulation of certain public nuisances. Any provision of law to the contrary notwithstanding, the council of any county may adopt and provide for the enforcement of ordinances regulating or prohibiting noise, smoke, dust, vibration, or odors which constitute a public nuisa…

[PART X.] QUI TAM ACTIONS OR RECOVERY OF FALSE CLAIMS TO THE COUNTIES §46-171 Actions for false claims to the counties; qui tam actions. (a) Any person who: (1) Knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval; (2) Knowingly makes…

[§46-172] Civil actions for false claims. The county corporation counsel or county attorney shall investigate any violation under section 46-171. If the corporation counsel or county attorney finds that a person has violated or is violating section 46-171, the corporation counsel…

[§46-173] Evidentiary determination; burden of proof. A determination that a person has violated this part shall be based on a preponderance of the evidence. [L 2001, c 227, pt of §1]

[§46-174] Statute of limitations. An action for false claims to a county pursuant to this part shall be brought within six years after the false claim is discovered or by exercise of reasonable diligence should have been discovered and, in any event, no more than ten years after …

[§46-175] Action by private persons. (a) A person may bring a civil action for a violation of section 46-171 for the person and for a county. The action shall be brought in the name of the county. The action may be dismissed only with the written consent of the court, taking into…

[§46-176] Rights of parties to qui tam actions. (a) If a county proceeds with an action under section 46-175, the county shall have the primary responsibility for prosecuting the action and shall not be bound by an act of the person bringing the action. The person shall have the …

§46-177 Awards to qui tam plaintiffs. (a) If a county proceeds with an action brought by a person under section 46-175, the person shall receive at least fifteen per cent but not more than twenty-five per cent of the proceeds of the action or settlement of the claim, depending up…

[§46-179] Fees and costs of litigation. A county shall not be liable for expenses or fees, including attorney fees, that a person incurs in bringing an action under this part and shall not elect to pay those expenses or fees. [L 2001, c 227, pt of §1]

§46-18 Central coordinating agency. (a) Each county shall, by ordinance, designate an existing agency within each county which shall be designated as the central coordinating agency and in addition to its existing functions shall: (1) Maintain and continuously update a repository…

[§46-180] Relief from retaliatory actions. (a) Notwithstanding any law to the contrary, any employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, s…

[§46-181] Certain actions barred. (a) In no event may a person bring an action under this part that is based upon allegations or transactions which are the subject of a civil suit or an administrative civil money penalty proceeding in which a county is already a party. (b) The co…

[§46-19] Development of alternative energy resources. Each of the counties may participate in the development of alternative energy resources defined as geothermal, solar, wind, ocean power, biomass and solid wastes in joint venture with an end user or public utility pursuant to …

§46-19.1 Facilities for solid waste processing and disposal and electric generation; financing; sale. (a) In addition to any other powers provided by law, any county may issue general obligation bonds to finance a facility for the processing and disposal of solid waste, or genera…

[§46-19.4 Priority permitting process for renewable energy projects.] All agencies shall provide priority handling and processing for all county permits required for renewable energy projects. For purposes of this section, "agencies" means any executive department, independent co…

§46-19.5 Energy conservation standards for building design and construction. (a) Energy efficiency building standards based on the design requirements for improvements of energy utilization in buildings developed and approved by the American Society of Heating, Refrigerating and …

[§46-19.6] County building permits; incorporation of energy and environmental design building standards in project design; priority processing. (a) Each county agency that issues building, construction, or development-related permits shall establish a procedure for the priority p…

[§46-19.7] Individual shower control valves required. Every county building code shall require that all showers in new dwelling units shall be equipped with individual shower control valves of the pressure balance or the thermostatic mixing valve type unless the temperature of th…

[§46-19.8] Fire sprinklers; residences. [Section repealed June 30, 2027. L 2017, c 53, §1.] No county shall require the installation or retrofitting of automatic fire sprinklers or an automatic fire sprinkler system in: (1) Any new or existing detached one- or two-family dwelling…

[Part XI.] COUNTY EMERGENCY MEDICAL SERVICES SYSTEM [§46-191] Definitions. As used in this part, unless the context clearly requires otherwise: "Advanced life support" shall have the same meaning as defined in section 321-222. "Basic life support" means initiating noninvasive eme…

[§46-192] County emergency medical services system; establishment. Each county shall establish, administer, and maintain a county emergency medical services system to serve the emergency health needs of the people in the county. The county, in the implementation of this part, sha…

[§46-193] County, functions; duties. In addition to other functions and duties assigned under this part, the county shall: (1) Establish emergency medical services throughout the county that may include emergency aeromedical services, which shall meet the requirements of this par…

[§46-194] Emergency medical services; fees. (a) The county may establish reasonable fees to be collected from individuals who are: (1) Transported by emergency ground ambulance services to a health care facility within the county designated by the county for the care of the indiv…

[§46-195] Community paramedicine program; established. (a) The county may establish and administer the community paramedicine program. (b) The county may: (1) Develop community paramedicine guidelines consistent with those adopted by the department of health; (2) Explore and deve…

[§46-196] Emergency medical services; levels of service; contracts. The county shall determine the levels of emergency medical services that shall be implemented throughout the county; provided that the county shall provide no fewer than twenty-one ground ambulance units. The cou…