REP PWIRC 048 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. 976Bi11 No. 312 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. 312, reports as follows: Bill No. 312, transmitted by Hawaii County Council Vice Chair Virginia Isbell, via Communication No. 976, dated July 3, 2006, creates amnesty permits to the Building Code.. The purpose of this bill is to amend Chapter 17, Article 2, Hawaii County Code 1983, (2005 Edition, as amended), by adding a new section 17-17.1. 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 Plumbing 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 17, the County Plumbing Code. Owners who secure a permit, pursuant to this amnesty program, who otherwise comply with all provisions of the County Plumbing Code, will be exempt from all civil and criminal penalties pursuant to Section 17-9 that might otherwise be imposed for constructing a structure without a plumbing permit. All amnesty permits must satisfy the requirements of the Plumbing Code, including permit fees. Your Committee heard testimony from one member of the public regarding the proposed bill. This 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. Comments, suggestion sand discussion from your Committee members, Bruce McClure, Director of the Department of Public Works and by Brian Kajiwaka from the Department of Public Works -Buildings Division were made during the discussion phase for Bi11311, and were meant to blanket Bills 311, 312, and 313.