Building Division's Mission Statement:
Protecting the health and safety of our Big Island ʻOhana with honor and integrity.
This is accomplished by ensuring construction projects are designed and constructed in a safe manner as governed by our Building Code via the permit issuance and inspection process.
By enforcing the Building Code through the issuance of notice of violation(s) when building code violations are discovered.
Building inspectors don't have a "quota" to meet in issuing violations. Instead, Building Division responds to citizen concerns or reports of potential violations/safety hazards of both commercial and private construction projects. A complaint/code investigation is initiated in response to the receipt of an information & complaint form. A code enforcement case may also be initiated when an inspector notices a safety hazard while conducting scheduled inspections.
Appeal Options to a Code Violation
- Special circumstances or conditions apply to the land or building that do not apply generally to lands or buildings in the neighborhood
- Variance is found to be necessary for the reasonable use of the land or building
- Granting of the variance will be consistent with the intent and purpose of the code
- The new or alternative materials, methods of construction, equipment, etc. meet standards established by the building code
- Permitting the requested use will not jeopardize the safety of persons or property
- Requested use will not be contrary to the intent and purpose of the building code
- In violation of the building code or other applicable law
- Clearly erroneous in view of the reliable, probative, and substantial evidence or
- Is deemed to be an abuse or clearly unwarranted exercise of discretion.
If an Appeals Hearing is requested, an Appeals Hearing is then scheduled and conducted regarding the violation.
If during the hearing it is decided that a violation exists, the hearing board will schedule a follow up inspection to ensure the violation has been resolved.
If the violation is still discovered in the scheduled inspection, the code enforcement case then goes to the County's Attorney for Judicial Enforcement of Order (5-60(d)) or Penal Enforcement (5-61). (2012, Ord. No. 12-27, sec. 2.)
For more information, refer to Section 5-53 of Hawaiʻi County Code.
How do I request an Appeal Hearing?
Through the submission of a General Petition for Appeal of Decisions Form.
What is Building's Code Enforcement Process
- Request received for a Complaint/Code Investigation - the public submits a request for a complaint/code investigation or a Building Inspector discovers a potential Building Code violation.
- Initial investigation conducted - Building Division sends inspector(s) to investigate.
- Issuance of Notice of Violation (NOV) If a violation is discovered - Building Division will notify the Property Owner, Lessee, and/or Contractor of the violation with a Notice of Violation (NOV). The NOV will state what violations have been observed, what corrections need to be made, and when these corrections need to occur by to avoid a an administrative enforcement order that also include civil fines. (2012, Ord. No. 12-27, sec. 2) Section 5-59.
- Follow up inspection conducted - A follow up inspection is scheduled and conducted to confirm if the violation has been addressed and resolved.
- Issuance of Notice of Order (NOO) - If violation(s) still exist, an administrative enforcement order is delivered to the Property Owner, Lessee, and/or Contractor advising that fines are being applied for each day the violation is not resolved. With the administrative enforcement order a General Petition For Appeal of Decisions Form is included to provide the recipient means to request an Appeals Hearing regarding the violation. (2012, Ord. No. 12-27 sec. 2) Section 5-60.