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~®~~r~~ ~~~~®~P A~c~o~~c~, a.a.~. IY'.C). [o`~)~ ~X~~ V~EJII9,~~I~f~c~~1rfi,. Ir1DD1~lG~JOD. • ~P~. Q~D~D.'D~~~~~? Q~D~sC 'b7i~. ^I%D1( 7/10/07 Re: Testimony opposing Bill 51 ~ Good morning Council members, My name is Robert Nespor. I am the President of the American Institute of ArC~itects, Hawaii Island Section. I am testifying in opposition to Bill 51 in it's current form. The professional review the of drafts for this bill can only reach one conclusion... this bill is flawed. I support the recommendations of the AIA as previously testified before you this morning. As a Hawaii architect, I am familiar with the manner and process of our Building Code. First, the building code (Uniform Building Code) is amended every 3 years on a national level. Issues of concern are brought to the attention of an organization known as the International Conference of Building Officials. These issues are largely based on catastrophic events contributing to failure . The failures are analyzed by a multitude of professional experts in their field. Code amendments are not adopted over a period of days, weeks or even months. They are adopted only when a consensus of professional experts concur after extensive study and analysis that the recommended mitigating measures are in the best interest of the public, efficient, cost effective and consistent with the technology of the building industry. The AIA 4 point recommendation for adopting change is consistent with the National process for building code amendments that affect the health, safety and welfare of the public. On the other hand, Bill 51 is required to include updated FEMA requirements in order for our community to be compliant with the National Flood Insurance Program. The updated requirements do not materially change the intent or principals of National Flood Insurance Program. Proposed Bill 51 appears to confuse the requirements for Stormwater Management with Flood Plain Management and appears to be brought forth hastily. Complex issues being proposed by this bill cannot be analyzed within hours. A good example how draft 4 is flawed....... Detention and containment of the 100 year/24 hour flood event would require each property owner to fully contained every ~ g drop of flood water that enters the property. A 5 acre farm would have to construct ~ a one acre lined detention basin, 15 feet deep, at a estimated cost of $500,000. Is 1'' this practical or cost effective? Initial analysis by professional engineers agree that this measure would not necessarily be cost effective, nor increase public safety, nor ~ o reduce the potential for flooding. Rather, it may have the opposite results. E ~ o v o