A bill that makes it a misdemeanor to lie to a government investigator or inspector during a building inspection won approval from both houses of the state Legislature last week and is now awaiting action from Gov. David Ige.
Tyler Dos Santos-Tam of HI Good Neighbor, which was formed to combat large-scale, or “monster,” houses, hailed House Bill 807 as another “key enforcement tool” against unscrupulous owners and contractors seeking to hide the intent of their structures.
Outsize structures have been proliferating in older, more traditional Oahu neighborhoods where, critics say, they are often used as unpermitted apartments, boardinghouses, vacation rentals or other illegal businesses.
The language in the bill makes it a misdemeanor to “knowingly make a false statement in written, printed, electronic, or oral form, to a state investigator or a county inspector during an investigation into compliance with any state law, rule, or regulation or any county ordinance, rule, or regulation.”
A person convicted of criminal misdemeanor could spend up to a year in jail and be hit with a fine of up to $2,000.
Officials with the city Department of Planning and Permitting, who have been criticized for not doing more to enforce regulations and stop violators, have often complained that property owners or builders can and have lied about reasons for putting up an outsize structure, how many unrelated people live in such homes, the purpose of a wet bar and other facts to skirt land use or building laws. They have also reported instances where more bedrooms or additions were installed after final inspection.
City Council Bill 91 (2018), which was proposed by DPP, would similarly make it a misdemeanor to lie to a city official during an investigation. The bill has been stalled at the Council Planning Committee since January.
City Council Chairwoman Ann Kobayashi was among those submitting testimony in support of the state bill.
Kobayashi said her constituents in Palolo, Manoa and Kaimuki have complained about dwellings that are modified beyond what’s allowed in building permits.
The constituents worry about the impact monster houses have on on-street parking, water and sewer capacity, storm drainage and other infrastructure, she said.
The Chamber of Commerce of Hawaii also endorsed the bill.
On April 17 the Honolulu City Council unanimously passed Bill 79 (2018), which limits the maximum density of a single-family dwelling to a floor area greater than 70% of a lot’s size, or what’s known as a floor area ratio (FAR) of 0.7.
Any house with an FAR greater than 0.6, however, would need to be owner-occupied and be subject to additional rules. Specifically, they would have to have 8-foot side and rear yards and be able to obtain a temporary certificate of occupancy for only up to a year, during which time DPP could inspect the house.
The bill, introduced by former Councilman Trevor Ozawa, also requires a large-scale house to have a minimum number of parking stalls based on the size of a house and imposes a limit on the number of bathrooms. It also makes it illegal to convert or alter a wet bar, laundry room or bathroom without a building permit and limits the amount of property that can be covered with concrete, asphalt or other impervious surface to no more than 75%.
Mayor Kirk Caldwell has until Friday to sign the bill, veto it or let it become law without his signature. Because DPP came up with the original language of the bill and has raised issue with only portions of the final product, Caldwell is expected to sign it.