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Melanie Curtis From: Mike Gaffron Sent: Wednesday, September 15, 2010 10:42 AM To: Melanie Curtis Subject: Toilet Building Analysis -630 Big Island 1) The existing 1000 sf building with 4 bedrooms but without a bathroom would be defined as a seasonal detached dwelling(not a guest cabin, not an accessory building)that was required to have a conforming ISTS installed by January 1, 1988 because it exceeds 800 sf in area {per 78-574(4c) and (4f)} 2) The proposed 12'x24' (288 sf)toilet building does not qualify as a guest cabin nor as a seasonal detached dwelling because it does not meet the minimum si2e requirements for each (400 sf) nor the minimum narrowest dimension of 20',to be considered as a habitable dwelling, and cannot be used as a sleeping quarters. 3) I would conclude that per 78-573(5) if the 1000 sf building is remodeled it must be retrofitted with toilet facilities. If nothing is done with the 1000 sf building it remains as a nonconforming building with respect to its sanitary facilities. 4) Per 78-564(2e)one toilet building is a permitted use only when there is no principal structure on the property. The property has a principal structure (the 1000 sf building) so the toilet building is not defined as a permitted use. However, it is defined as an allowed accessory use per 78-564(2e). 78-574(4)On-Site Sewage Treatment Systems On-site sewage treatments systems required. A complete on-site sewage treatment system, including plumbing fixtures,two sealed septic tanks and underground drainfield designed, constructed and mair�tained in full conformance with the on-site sewage treatment code, is required on all properties in the RS district as fol lows: a. Serving all structures containing a principal dwelling. b. Serving all properties containing two or more dwellings pursuant to a private guest�.tiin conditional use permit. c. Serving all seasonal dwellings over 800 square feet in floor area. d. Serving all dwellings, buildings or structures containing a water-activated toilet regardless of the type or duration of use or occupancy. e. Any dwelling, building or structure having running water plumbed inside to any sink, lavatory, tub, shower, or any other plumbing fixture, but not a toilet, shall have a conforming grey-water disposal system, including a septic tank and drainfield connected to such fixture drains. f. Any existing dwelling, building or structure required by one or more of subsections (4)a—(4)e of this section to be connected to an on-site sewage treatment system, but which is not so connected as of the effective date of the ordinance from which this division is derived, or which has an existing system that does not conform to minimum setbacks or other requirements of this division,shall have a new conforming on-site sewage treatment system installed on or before January 1, 1988. g. All other provisions of chapter 58, article II, shall apply to on-site sewage treatment in the RS district, including without limitation the requirement for construction permits,construction inspection, and regular maintenance inspections, including payment of the standard annual service charge. 78-573(5) Building Construction Standards Within any RS seasonal recreational district, all new buildings or structures and all additions, repairs, alterations or improvements to existing buildings or structures shall be built in strict conformance with the current edition of the state building code as adopted and amended by the city, and with the following regulations: (5) Minimum plumbing requirements. All new or remodeled seasonal dwellings over 800 square feet in floor area, all guest cabins over 600 square feet in floor area, and all principal dwellings shall be provided with i