§444-9.1  Issuance of building permits;
owner-builder registration.  (a)  Each county or other local subdivision of
the State which requires the issuance of a permit as a condition precedent to
the construction, alteration, improvement, demolition, or repair of any
building or structure shall also require that each applicant for such a permit
file as a condition to the issuance of a permit a statement that the applicant
and all specialty contractors are licensed under this chapter, giving the
license numbers and stating that the licenses are in full force and effect, or,
if the applicant is exempt from this chapter, the basis for the claimed
exemption; provided that if the applicant claims an exemption under section
444-2(7), the applicant shall also be required to certify that the building or
structure is for the applicant's personal use and not for use or occupancy by
the general public.  Each county or local subdivision of the State shall
maintain an owner-builder registration list which shall contain the following
information:  (1) the name of any owner or lessee who claims an exemption from
this chapter as provided in section 444-2(7); (2) the address of the property
where exempt building or improvement activity is to occur; (3) a description of
the type of building or improvement activity to occur; (4) the approximate
dates of construction activity; and (5) whether any electrical or plumbing work
is to be performed and if so, the name and license number of the person or
entity who will do the work.  The absence of such registration is prima facie
evidence that the exemption in section 444-2(7) does not apply.



(b)  The county shall verify the license
against a list of licensed contractors provided by the state contractors
licensing board, which list shall be updated at least quarterly.  The county
shall also verify that the applicant is in fact the contractor so licensed or
the contractor's duly authorized agent.



(c)  To qualify for the exemption under section
444-2(7), the county shall provide the applicant with a disclosure statement in
substantially the following form:



 



"Disclosure
Statement



State
law requires construction to be done by licensed contractors.  You have applied
for a permit under an exemption to that law.  The exemption provided in section
444-2(7), Hawaii Revised Statutes, allows you, as the owner or lessee of your
property, to act as your own general contractor even though you do not have a
license.  You must supervise the construction yourself.  You must also hire
licensed subcontractors.  The building must be for your own use and occupancy. 
It may not be built for sale or lease.  If you sell or lease a building you
have built yourself within one year after the construction is complete, the law
will presume that you built it for sale or lease, which is a violation of the
exemption, and you may be prosecuted for this.  It is your responsibility to
make sure that subcontractors hired by you have licenses required by state law
and by county licensing ordinances.  Electrical or plumbing work must be
performed by contractors licensed under chapters 448E and 444, Hawaii Revised
Statutes.  Any person working on your building who is not licensed must be your
employee which means that you must deduct F.I.C.A. and withholding taxes and
provide workers' compensation for that employee, all as prescribed by law. 
Your construction must comply with all applicable laws, ordinances, building
codes, and zoning regulations.  If you violate section 444-2(7) you may be
fined $5,000 or forty per cent of the appraised value of the building as
determined by the county tax appraiser, whichever is greater, for the first
offense; and $10,000 or fifty per cent of the appraised value of the building
as determined by the county tax appraiser, whichever is greater for any
subsequent offense."



 



The county shall not issue a building permit to the
owner-applicant until the applicant signs a statement that the applicant has
read and understands the disclosure form.



(d)  A county building inspector or other
building official shall report to the regulated industries complaints office
the name and address of any person, who, in the opinion of the building
inspector or official, has violated this chapter by accepting or contracting to
accomplish work which would classify the person as a contractor under this
chapter. [L 1974, c 112, pt of §1(1); am L 1978, c 147, §1; am L 1985, c 215,
§2; gen ch 1985; am L 1989, c 142, §3; am L 1992, c 258, §2; am L 1996, c 172,
§4]