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Chapter I: Water and Water System Requirements for Developments

Sec. 1-101 Availability of Water

  1. General Requirements
    1. Extensions from and connections to the public water system will be approved by the Department where pressure conditions permit; provided, that the water meters are within the service limit except as provided for in Sec. 2-217, Elevation Agreement, and the Department has sufficient pressure and water supply available for domestic use and fire protection and can assume new or additional service without detriment to those presently being served.
    2. The developer will be required to pay for and install, in accordance with these Rules and Regulations and the Standards of the Department, adequate water system facilities for the development.
  2. Main Extension. If the Department's facilities in the area are inadequate, or where facilities are not readily available to serve a development, the developer must extend a water main from the nearest adequate facility. The water main so constructed, connecting the project water system to the nearest adequate public water system, is termed a main extension.
  3. Water Supply to Areas Where No Public Water Supply Exists. In areas where there is no public water supply available to serve the development, plans and specifications for providing water sources, including wells, tunnels, shafts, pumps, buildings, mains and other appurtenant structures and devices, shall be in conformance with the Standards of the Department, and shall be approved by the Manager in their entirety prior to construction.
  4. Availability of Water for Subdivision Applications. The Department will inform the Director as to the availability of water for subdivision applications referred to the Department.
  5. Availability of Water for Proposed Developments. The Department may issue water commitments to proposed developments as follows:
    1. Areas with Adequate Water Supply. The Department may issue advance water commitments to proposed developments in areas where the water system has adequate supplies to assume new or additional services.
    2. Areas with Limited Additional Water Supply. The Department may restrict the issuance of advance water commitments to proposed developments in areas where the water system has limited additional supplies to assume new or additional services.
    3. Areas with No Additional Water Supply. The Department shall not issue water commitments to proposed developments in areas where the water system has no additional supplies to assume new or additional services. The only exception shall be the issuance of a single 5/8-inch meter to proposed developments on existing single vacant lots.

    The Department may establish guidelines for issuance of water commitments as indicated in Section 1-101, 5. a. and b.

  6. Availability of water for large landscaped areas such as golf courses, parks, schools, cemeteries, and highways. If a suitable nonpotable water supply is available, the Department shall require the use of nonpotable water for irrigation of large landscaped areas.

[Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976; am BWS Res. No. 468, 1979; am BWS Res. No. 472, 1979; am BWS Res. No. 485, 1981; am BWS Res. No. 530, 1985; am BWS Res. No. 598, 1991; am BWS Res. No. 610, 1992]

Sec. 1-102: Water System Facilities Charges

Water system facilities charges shall be levied against all new developments requiring water supplies from the Department's system or additional water supplies from the existing services. Developers shall pay the water system facilities charges before water services are made available to the developments. A schedule of such charges is included in the Department's Schedule of Rates and Charges for the Furnishing of Water and Water Service.

The Department may negotiate water system facilities charges other than those in the schedule when it is determined that the schedule is inappropriate. The Department may also negotiate agreements with developers for payment of the actual costs of the installation of the necessary water system facilities or require the installation of the facilities by the developer in lieu of payment of water system facilities charges.

Water system facilities charges will not be levied on developments where the developer installs at his cost, a complete water system including source and transmission and daily storage facilities.

[Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976; am and renum BWS Res. No. 468, 1979; am BWS Res. No. 472, 1979; am BWS Res. No. 528, 1985]

Sec. 1-103: Increase in Size of Water Mains

  1. Increase in Size of Water Main Extensions for Service to Other Areas. Whenever the Department finds it is necessary that the water mains proposed to deliver water to a development should be of a greater capacity, in order to supply water and fire protection to other property, the Department will require the installation of a larger size main.
  2. Increase in Size of Water Mains Within Developments for Benefit of Other Areas. Whenever, in order to provide for existing or future services beyond the boundaries of a development, the Department finds that the mains to be installed within the development should be of greater capacity than would otherwise be required, the Department will require the installations of larger size mains.
  3. Reimbursement of Additional Costs of Mains. When the developer is required to install a larger size main, for the reasons set forth in the preceding paragraphs, the department will reimburse the developer as soon as practicable after acceptance by the Department of the completed work for the additional cost of the installation over and above the cost of the mains that would have been required; provided, however, that in no case shall reimbursement be made of any portion of the cost of an 8-inch or lesser size main; provided that reimbursement will not be made where such larger main or mains will serve only those areas under the same ownership as the development under consideration.

After the installation has been completed and accepted by the Department, the developer shall furnish the Department with itemized costs incurred by him in the installation of the said larger mains. The eligibility for reimbursement of each item shall be left to the discretion of the Department.

[Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976]

Sec. 1-104: Sizes of Mains, Hydrant Spacing, Fire Protection

  1. Sizes of Mains. Any development within the City and County of Honolulu shall provide water mains designed to deliver water in adequate quantities and pressures for domestic use and fire fighting.
  2. Hydrant Spacing. The Department will determine the spacing and location of all hydrants. All fire hydrants required for adequate fire protection will normally be located within the development.
  3. Fire Protection. The standards for fire protection, insofar as water supply is concerned, will be determined by the Department.

[Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976]

Sec. 1-105: Laterals, Dead-Ends, Alterations to Public Water System Contours

  1. Laterals. Where water main construction is necessary, the developer shall provide each lot in a subdivision with a service lateral. As an alternate, one service lateral may be installed for each two lots.
  2. Dead-Ends. Where water mains would result in dead-ends, interconnections may be required by the Department.
  3. Alterations to Public Water System. All work and materials in connection with the change in location or grade of any part of the existing public water system made necessary by the development shall be at the expense of the developer.
  4. Contours. When required by the Department, contours or elevations shall be furnished by the developer, based upon City and County datum.

[Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976]

Sec. 1-106: Construction Plans

  1. Preparation of Plans. All construction plans shall be prepared by a registered engineer. Preliminary and final maps of developments to be reviewed by the Department shall fully conform to the definitions and requirements of the Rules and Regulations of the Planning Commission of the City.
  2. Information to be shown on Construction Plans. The construction plans, insofar as the water system is concerned, shall show the following on standard size sheets measuring 22" x 36":
    1. Name of development, name of developer, name of engineer, and location of development.
    2. Date, North arrow, scale, tax key.
    3. The proposed water system, complete in both plan and profile, reflecting the inter-relationship with street lines, lot lines, curb grades, sewers and drains, both existing and proposed, as well as any other features, natural or artificial.
    4. Plan views drawn to a scale of one inch equals 40 feet or one inch equals 20 feet. Profile views drawn to a vertical scale of one inch equals 4 feet or larger. Manhole, fire hydrant, lateral and other details drawn to a scale of one half inch equals one foot or larger.
    5. The designation, including alignment and width, of all easements for parts of the water system which will not be in street areas to be dedicated to the public.
    6. A general layout map showing the entire development on one sheet with locations of lots and streets within the development and its vicinity, together with existing and proposed water systems.
    7. A small key location inset or vicinity map showing the proposed development in relationship to streets and water mains in the area.
    8. In cases in which the owner or developer also owns areas contiguous to the proposed development, or separated therefrom by a street, a sketch of the future street and lot pattern and the water system proposed to serve such contiguous areas shall be furnished for study with the construction plans.
    9. All plans shall have the approval block at the lower right hand corner of the drawings except when the approval signature is on the title sheet.
  3. Service Limit. Whenever a lot or lots within a development are at or near the service limit, the contour line of the service limit shall be shown on the construction drawings and subdivision map. A reasonable buildable area below the service limit shall be provided for the lot or lots in the development.
  4. Approval of Plans. No construction of a water system, or any portions thereof, shall be undertaken prior to approval of the final construction plans by the Manager, the Director, the Chief Engineer, and the State Department of Health. After said approval, the developer shall transmit three sets of all final construction plans to the Department.
  5. Delays in Construction. If any period exceeding two years, or such extension as may be granted, passes without substantial progress in the construction of the water facilities, after approval of plans by the Department, the plans thereof shall be resubmitted to the Department for review and for making such changes as of Standards or amendments to these Rules and Regulations.
  6. Filing of Tracings. Upon completion of the construction of a development, the developer must submit to the Department for filing, as-built construction plan tracings of the water system.

[Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976; am BWS Res. No. 562, 1988]

Sec. 1-107: Materials and Construction Standards, Installation of Water Service, Inspection of Work

  1. Materials and Construction Standards. All materials, design and construction procedures, and workmanship, with respect to any project water system, or any portion thereof, shall be in accordance with the requirements and standards of the department and with the requirements of the State Department of Health and all other applicable legal authority. The Manager shall determine the capacity and location of any of the component parts of the water system.
  2. Installation of Water Service. No water service will be approved, except a service for construction purposes, until the project water system has been completed and accepted by the Department. Private water systems installed above the service limit will not be accepted by the Department.
  3. Inspection of Work. The Manager, or any employee representing him, shall have free access at all times to all installations made for the development and shall be given any assistance requested as well as every facility, information, and means of thoroughly inspecting the work to be done and the materials used or to be used.

[Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976; am BWS Res. No. 610, 1992]

Sec. 1-108: Ownership of Installed Water System

As a condition precedent to connecting the project water system to the public water system, the developer shall convey the water system, except when a private water system is proposed, to the Department and said system thereafter will be maintained and operated as a part of the public water system; provided, however, that the Department may refuse to operate and maintain facilities installed without the Department's prior approval. Prior to the commencement of water service, and as a prerequisite to such service, the developer shall deliver to the Department perpetual easements for all portions of the water system installed in other than publicly owned property. The developer shall also convey, without cost to the Department, fee simple title to all sites on which are located tanks, reservoirs, sources of supply, and pumps constructed by the developer and connected to the public water system together with easements for access, water pipeline, and other necessary utility purposes.

[Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976; am BWS Res. No. 472, 1979; am BWS Res. No. 610, 1992]

Sec. 1-109: Modification of Requirements

When conditions pertaining to any development are such that the public may be properly served with water and fire protection without full and strict compliance with these Rules and Regulations, or where the development site or layout is such that the public interest will be adequately protected, such modification thereof as is reasonably necessary or expedient, and not contrary to law or the intent and purpose of these Rules and Regulations, may be made by the Department.

[Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976]

Sec. 1-110: Construction Agreement and Bond

To secure approval prior to construction of the required improvements, insofar as the construction of the project water system is concerned, and excepting private water systems, the developer shall enter into an agreement with the City and the Department to make, install and complete all of the required improvements within a specified time and file with the Director a surety bond or other security, as hereinafter specified, to assure the City and the Department the actual construction and installation of the improvements and utilities shown on the approved construction plans.

The agreement shall specify, insofar as the project water system is concerned, and excepting private water systems, that the developer will complete the same to the satisfaction of the Manager, and shall provide that if the developer shall fail to so complete such work within the time specified, or such extension as may be mutually agreed upon, the Department may complete the same and recover the full cost and expense thereof from the developer.

The bond or other security to be filed with the Director with the aforesaid agreement shall be one of the following (provided, that in all instances where a surety bond is filed, it shall be executed by the developer, as principal, and by a surety company authorized to transact a surety business in the State, as surety):

  1. A surety bond in a sum equal to the cost of the work required to be done as estimated by the Manager; payable to the City and the Department, and conditioned upon the faithful performance of all work required to be done by the developer, and upon the further condition that should the developer fail to complete all work required to be done within a specified time, the Department may cause all work which is not finished to be completed, and the parties executing the bond shall be firmly bound for the payment of all costs therefor; or
  2. Where the developer has entered into a contract with a reputable contractor, and has filed with the Director all three of the following: (a) a certified copy of his said contract and specifications, (b) a certified copy of the performance bond of his contractor, and (c) a surety bond in a sum equal to at least 50 percent of the cost of all work required to be done by the developer as estimated by the Manager and payable and conditioned as above set forth; or
  3. The developer shall make a deposit of money with the Director, or a responsible escrow agent designated by the Director as agent of the city and the Department, in an amount equal to the cost of the construction of said improvements as estimated by the Manager. Under this arrangement, the agreement may provide for approved progress payments to be made to the contractor for materials used and services and labor performed out of said deposit as the work progresses; provided, that said progress payments shall at no time exceed the value of the completed portion of said improvements; or
  4. In lieu of said surety bond or deposit in escrow mentioned in paragraphs numbered 1, 2 and 3 above, the developer may deposit with the Director bonds or other negotiable securities acceptable to the Manager in the amount provided by paragraphs numbered 1, 2, or 3 respectively, of this Section.

[Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976; am BWS Res. No. 610, 1992]

Sec. 1-111: Repair and Replacement of Improvements

The developer shall enter into an agreement with the City and the Department and shall file with the Director, a surety bond to insure the repair and replacement of subdivision improvements excluding private water systems, for a period of one year from the date of acceptance by the City of the dedication. The amount of the surety bond shall be ten percent of the cost of construction as estimated by the Chief Engineer, Director of Recreation and Manager.

[Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976; am BWS Res. No. 610, 1992]

Sec. 1-112: Use of Nonpotable Water Required for Large Landscaped Areas

  1. If the Department determines that a suitable nonpotable water supply is available, the Department shall require existing services to use nonpotable water for irrigation of large landscaped areas such as golf courses, parks, schools, cemeteries, and highways.
  2. Upon such notification by the Department, the existing service holder(s) has no more than five (5) years to complete the conversion to nonpotable irrigation as may be required by the Department unless otherwise approved by the Manager. Failure to comply with these requirements may result in discontinuation of water service and/or penalties as authorized in Section 2-205, 2b, and Section 5-501 of these Rules and Regulations.

[Eff 12/1/1991; BWS Res. No. 598, 1991]

Sec. 1-113: Review of Construction Plans and Building Permit Applications

If plans are determined to be incomplete, they will be returned without further review.

Notwithstanding approval, the applicant or the Owner (in situations where the applicant is not the owner) is responsible for all costs incurred during the construction of the project to comply with current Water System Standards or costs caused by a defect of reason, error, omission or negligence on part of the architect/engineer.

  1. General Requirements. The applicant, the Owner[1] (in situations where the applicant is not the owner), and the architect and/or engineer shall ultimately be responsible for producing complete plans and specifications which comply with the following requirements as applicable: Section 1-106: Construction Plans of the Department's Rules & Regulations, Water System Standards; the latest checklist for construction plans and building permit application submittals to meet fire protection requirements and water service for domestic use; water allocation requirements; and approved master plans.
  2. Maximum Time Limits. First reviews of building permit applications and plans and plan review of construction drawings and specifications for non-City projects submitted to the Department for approval shall be completed within the maximum time limits specified below.
  3.  
    PERMITS MAXIMUM TIME LIMIT*
    Category I
    - Excavation clearance
    - Test boring
    - Driveway construction
    - Swimming pool/spas    		 1 full working day
    Category II
    - One (1) single-family dwelling on a vacant lot    		 2 full working days
    Category III
    - Non-residential development
    - Second single-family dwelling
    - Ohana dwelling
    - Multi-family high/low-rise development
    - Addition/renovation to all existing residential development
    - Variance for surface encroachment    		 6 full working days
    *All projects shall be evaluated for complexity upon submission of the building permit applications and plans and maximum time limits may not apply under conditions noted below.
     
    PLANS REVIEW FOR NON-CITY PROJECTS MAXIMUM TIME LIMIT*
    Category I
    - On-site fire hydrants, offsite utility and water system improvements for one-lot developments
    - New 3" and larger meters for one-lot developments
    - Projects under ordinance 2412 requirements    		 8 working days*
    Category II
    - New utility lines or other improvements that require water system adjustments
    - Subdivision water system improvements for two to 50-lot developments,
    including on-site and off-site fire hydrants
    - Any other projects with valuation for water system improvements below $49,999    		 10 working days
    Category III
    - Water system improvements for 51 to 500 lots
    - Transmission mains (up to one mile/5,280 linear feet)
    - Exploratory wells
    - And any projects with valuation for water system improvements between $50,000 to $999,999    		 16 working days
    Category IV
    - Water system improvements for more than 500 lots
    - Reservoirs and other Infrastructure improvements
    - Booster & pump Stations
    - New wells
    - Transmission mains (more than one mile long)
    - And any other projects with valuation for water system improvements between $1,000,000 to $9,999,999    		 20 working days

    *Applications affecting property that is subject to a zoning variance, or that fall within a potential slide area, special district or shoreline setback area shall be evaluated for complexity upon submission of construction plans and may be placed within a higher category. The applicant shall verify with the Department of Planning and Permitting if the project is subject to these requirements.

    The maximum time limits shall begin upon receipt of the application and shall stop when the applicant is called for pick-up except under the following conditions:

    Additional Plans. The Department may request the submission of additional sets of plans in order to accommodate the maximum time limit requirements. The Maximum Time Limit requirement starts on the day when the Department receives the required number of plans for review. Maximum time limits shall be extended by one day for each day the additional sets are due for up to three (3) working days.

    If additional plan sets are not received within this period, all plan submittals then in receipt by the Department shall be returned without review.

    Extensions. Extensions from the maximum time limit may be granted in the event of a national disaster, state emergency, or union strike, which would prevent the Department from reviewing permits or plans, or when adequately justified by the Department and mutually acceptable to the Department, the applicant, and/or owner.

    Inapplicability. Maximum time limits shall not apply:

    Where submittals fail to meet basic adequacy requirements noted in Section 1-113.1 above; or

    Where the project is required to install/improve off-site facilities that are determined to be non-existent/inadequate, respectively, to accommodate the project; or

    Where plans need to be coordinated with other City agencies; or

    Where submittals are withdrawn by the applicant prior to completion of the review; or

    Where the scope of work on subsequent submittals differs from the first submittal of plans; or

    Where the area of the development is under moratorium by the Board; or

    Where the applicant failed to obtain necessary discretionary permits or approvals (water allocations, and approved water master plans.

    Second Review. Maximum time limits for a second review shall be one-half of the maximum time limits specified above. Plans that are not approved after the second submittal shall be subject to the provisions of Section 1-113.

  4. Automatic Approval. Failure to complete review within the maximum time limits and applicable conditions as specified above shall result in automatic approval in accordance with the requirements of Chapter 91, Hawaii Revised Statutes. Automatic approval shall not be construed to be an approval of any violation of applicable codes, regulations, ordinances, standards, or waiver/inapplicability of any applicable charges.
  5. Resubmittal of Plans. For plans that require more than one review, subsequent plan reviews shall be limited to revisions unless the scope of work is revised in which case plans will be subject to first plan review. Applicants with plans not approved after a second plan review, may either:

    Submit an Automatic Approval Form. A licensed architect or engineer may, on behalf of the applicant, submit an Automatic Approval form (provided by the Department) attesting that the remaining revisions have been addressed along with revised plans (not applicable only to Category IV, Plan Review projects). If it is found that plans are given the automatic approval without the necessary corrections in compliance with comments on second plan review, the Department will notify the applicant to take appropriate corrective measures at no cost to the Department. The Department may restrict the type of projects eligible for Automatic Approval based on the complexity of the scope of work; or

    Request a Plan Approval by Appointment. The applicant may schedule an appointment with the plan reviewer(s) to discuss remaining comments. The applicant, the Owner (in situations where the applicant is not the owner), and the architect and/or engineer (for stamped plans) shall attend the appointment to discuss comments and resolve issues on the plans. Subsequent to the appointment, revised plans may be submitted and will be subject to the maximum time limits established for the first plan review, as established in Section 1-113.2.

[Eff 1/1/2000; BWS Res. No. 699, 2000]

[1] Owner is defined as: (1) the fee simple owner; or (2) buyer of a property if a letter or authorization from the seller is submitted; or (3) lessee/tenant if a letter of authorization from the fee owner is submitted.

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