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<br />REPORT OF THE <br />COMMITTEE ON PUBLIC WORKS AND <br />INTERGOVERNMENTAL RELATIONS <br /> <br />DATE: <br />PLACE: <br /> <br />July 7, 2009 <br />Council Chambers <br />Ben Franklin Bldg, 2nd Floor <br />333 Kilauea Ave. <br />Hilo, Hawai'i 96720 <br /> <br />Re Comm. No.413/8i1lI03 <br /> <br />TIME. <br /> <br />10:00 a.m. <br /> <br />Councll Chair and Members <br />Hawal'l County Council <br />Hllo, Hawai'l 96720 <br /> <br />Your Committee on Public Works and Intergovernmental Relations, to which was referred <br />Communication No 413/8111103, reports as follows: <br /> <br />AN ORDINANCE AMENDING CHAPTER 5, ARTICLE I, SECTION 5-1.0.8, AND <br />CHAPTER 21, ARTICLE 2, SECTION 21-5 OF THE HAWAI'I COUNTY CODE 1983 (2005 <br />EDITION, AS AMENDED), RELATING TO THE USE OF A TENT OR A STRUCTURE OF <br />SIMILAR TYPE AS A TEMPORARY RESIDENCE WHILE CONSTRUCTING A <br />PERMANENT DWELLING UNIT (allows a landowner to live m a temporary structure for two <br />years from the date of Issuance of a building permit, proViding certain conditions are sustained <br />including adequate sanitation, emergency access, fire safety, electrical safety, a buffer zone <br />between the building site and living areas, and protectmg the county from liability for any mJury <br />or property damage that may occur as a result of the temporary living arrangement) <br /> <br />There were seven public teStlfiers, all were m favor, and many mentioned secunty Issues for <br />construction sites was an important consideration in passing thiS bill <br /> <br />ASSistant Corporation Counsel Gerald Takase appeared before your Committee to answer <br />questions, and was later joined by lead Corporation Counsel Lmcoln Ashida. <br /> <br />Dommic Yagong asked Takese who would enforce the restrictions and was there a loophole that <br />would allow rentmg of tent structures. Mr. Takase said County BUlldmg Inspectors and then the <br />Police would be responsible to enforce thiS code. Mr Takase felt renting was an unrealistic <br />optIOn due to the language of the bill. <br /> <br />Brenda Ford asked If the code could be written to only allow the code to be allowed in speCific <br />areas of the County Mr Ashlda said It was possible. Further, she asked if multiple tents could be <br />established for farm laborers, what size tents might be allowed and how many non-owners may <br />reSide is tents. Mr. Ashida emphasized the law must afford equal protection for all and <br />encouraged Ms Ford to present questions such as these to Corporation Counsel in advance of <br />Committee meetings, in the mterest of accuracy an~xpedlency. <br /> <br />Council Members Hoffmann and Yoshimoto praised this third draft, and CounCil Member <br />Greenwell expressed hiS support. <br /> <br />Report No. 26 <br />