Hawaii Statewide Rule

Hawaii Blocks New Single-Family Home Permits Without Solar Water Heaters

Some RestrictionsApplies statewide across Hawaii (2026)

Key Facts

Statute: HRS §196-6.5(a)
Effective: January 1, 2010
Applies to: New single-family dwellings
Variance filer: Licensed architect or mechanical engineer
Variance ruling: 30 working days; silence approves

Last verified: July 31, 2026

Summary

Hawaii bars county building departments from issuing a permit for any new single-family home unless it includes a solar water heater system meeting state standards. Only a licensed architect or mechanical engineer may seek a variance, granted by the Hawaii State Energy Office coordinator.

§196-6.5 Solar water heater system required for new single-family residential construction. (a) On or after January 1, 2010, no building permit shall be issued for a new single-family dwelling that does not include a solar water heater system that meets the standards established pursuant to section 269-44, unless the coordinator approves a variance. A variance application shall only be accepted if submitted by an architect or mechanical engineer licensed under chapter 464, who attests that: (1) Installation is impracticable due to poor solar resource;

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Full Breakdown

Under Hawaii Revised Statutes §196-6.5(a), no building permit may be issued on or after January 1, 2010 for a new single-family dwelling that lacks a solar water heater system meeting the standards set in HRS §269-44, unless the coordinator approves a variance. Variances are narrow: only an architect or mechanical engineer licensed under chapter 464 may apply, attesting the site has a poor solar resource, the system is cost-prohibitive over a fifteen-year life cycle, another renewable energy technology heats the water as the primary source, or a gas demand water heater is installed alongside another gas appliance. The coordinator rules within thirty working days; silence is deemed approval.

Violations & Penalties

A noncompliant application gets no building permit: counties cannot lawfully issue one. Building without the required permit exposes owners to county stop-work orders, fines, and a mandated retrofit before occupancy.

Frequently Asked Questions

Does this apply to condos or apartment buildings?

No. HRS §196-6.5 covers new single-family dwellings only. Duplexes, multi-family buildings, and existing homes fall outside the permit mandate, though accessory dwelling units are generally treated as single-family.

Can I install rooftop PV panels instead of a solar water heater?

Only through a variance. A qualifying renewable energy technology system substituted as the primary water-heating source is one of four grounds the coordinator may approve under subsection (a).

Who grants the variance?

The Hawaii State Energy Office coordinator. A variance is deemed approved if not denied within thirty working days of a complete application filed by a licensed architect or mechanical engineer.

Sources

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