Section 13-5-35 - Emergency permit(a) In the event of an emergency, repair and reconstruction shall be expedited via the issuance of an emergency permit.(b) The following actions shall be processed as a departmental permit: (1) Repair or reconstruction of a structure to the same condition as existed prior to the damage. Permits under this clause shall be expedited by the department;(2) Reconstruction involving minor deviations (no more than twenty per cent increase in footprint) of the damaged structure, such as enlargements of a dwelling or additions to the structure; and(3) The chairperson may designate a time frame during which authorization shall not be required for activities exempt from the building permit requirements as set forth in the applicable county building code, provided that repairs exempt from the building code requirements shall not include any addition, change, or modification in construction or land use.(c) The department may elect to route certain applications as board permits. This may occur when an application involves one or more of the following situations: (1) Substantial enlargement of a structure (twenty per cent or more);(3) Substantial change in the height of the structure (for example, second floor additions); or(4) Where the department determines that a potential for substantial adverse environmental impact exists.(d) The repair, reconstruction, or modification under this chapter are only for land uses that have been established or are legally nonconforming. If there is a question regarding legality, the burden of proof shall be upon the applicant. For nonconforming structures, this section shall not supersede the provisions contained in section 13-5-37.(e) Repair and replacement of any structure being investigated for possible violation of this chapter, or in situations in which fines for a violation have not been collected, shall not be processed until the violation is resolved.(f) This section shall be effective for the period of time specified by the chairperson.(g) The application fee for an emergency permit shall be waived.[Eff DEC 12 1994] (Auth: HRS § 183C-3) (Imp: HRS § 183C-3, 183C-5, 183C-6)