REP PWIRC 047 07/18/2006 2004-2006

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REPORT OF THE COMMITTEE ON PUBLIC WORKS AND INTERGOVERNMENTAL RELATIONS DATE: July 18, 2006 RE: Comm. No. 975Bi11 No. 311 PLACE: Council Chambers TIME: 9:00 a.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Public Works and Intergovernmental Relations, to which was referred Bill No. 311, reports as follows: Bill No. 311, transmitted by Hawaii County Council Vice Chair Virginia Isbell, via Communication No. 975, dated July 3, 2006, creates amnesty permits to the Building Code. The purpose of this bill is to amend Chapter 5, Article 1, Hawaii County Code 1983, (2005 Edition, as amended), by adding a new section 5-1.0.12(a). The County Council finds that residents with unpermitted construction work within the County of Hawaii may want to legalize their buildings. Consequently, this bill would create an amnesty period beginning October 1, 2006 through September 30, 2007, during which time, owners of unpermitted buildings may bring their structures into compliance with the County Building Code without penalty. During this amnesty period, owners of unpermitted buildings completed prior to January 1, 2006 may apply for a permit to bring their buildings in compliance with Chapter 5, the County Building Code. Owners who secure a permit, pursuant to this amnesty program, who otherwise comply with all provisions of the County Building Code, will be exempt from all civil and criminal penalties pursuant to Sections 5-1.0.6 and 5-1.0.12 that might otherwise be imposed for constructing a structure without a building permit. All amnesty permits must satisfy the requirements of the Building Code, including permit fees. Your Committee heazd testimony from two members of the public regarding the proposed bill. One member of the public, speaking in favor of the bill, stated that the bill provides an opportunity to allow otherwise law-abiding people to correct a problem. This member of the public also encouraged your Committee members and members of the Department of Public Works to think outside the box and allow permitting for creative, non-traditional structures. The other member of the public spoke in blanket opposition to Bills 311, 312, and 313, stating that violators should not be given a break. This member of the public also urged your Committee members to include a deadline for completion of permitted projects, rather that anopen-ended completion date. This member of the public also suggested forming a citizen committee to oversee the amnesty program. Your Committee also heard testimony from Bruce C. McClure, Director of the Department of Public Works. Mr. McClure stated that he was in accord with the proposed amnesty program. He stated that new staffing, expected to be on board by October would alleviate any potential staffing problems. He said that a previous amnesty program did not "open the flood gates" for permits. Mr. McClure stated that the program would be a benefit to home owners.