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William P. Kenoi Mayor Lincoln S.T. Ashida Corporation Counsel Katherine A. Garson Assistant Corporation Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 333 Kilauea Avenue, 2nd Floor • Hilo, Hawai'i 96720 • (808) 961 -8251 • Fax (808) 961 -8622 October 17, 2011 Sent via email only; no hard copy will follow Dominic Yagong, Chairperson Hawai`i County Council 25 Aupuni Street Hilo, Hawai`i 96720 Dear Chairperson Yagong: Re: BILL 270 (DRAFT 3), AN ORDINANCE REPEALING CHAPTER 5 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), TO BE REPLACED BY A NEW CHAPTER 5, RELATING TO BUILDING on 'erl rn w W This letter is written in response to your request for the Corporation Counsel's opinion regarding Bill 270 (Draft 3), an Ordinance Repealing Chapter 5 of the Hawai`i County Code 1983 (2005 Edition, As Amended), to be Replaced by a New Chapter 5, Relating to Building, as a result of inquiries by members of the Hawai` i County Council ( "Council "). Council members inquired whether the Council has discretion to amend the State Building Code, codified in Hawai`i Revised Statutes ( "HRS ") Chapter 107, Part II, for purposes of including such amendments in the County of Hawaii's ( "County ") building code ordinance, and, if the Council has such discretion, to what extent may the Council amend the State Building Code. I. QUESTION PRESENTED A. Does HRS Chapter 107, Part II, permit the counties of the State of Hawai`i ( "State ") to amend the State Building Code for purposes of including such amendments in the County's building code ordinance? B. If HRS Chapter 107, Part II, permits the counties of the State to amend the State Building Code, to what extent may the Council amend the State Building Code? Hawaii County is an Equal Opportunity Employer and Provider Comm. No. /2-g. 8 % Ref. To: Presemod Cou n a: L Ref. Date,,, OCT 19 2 O 1�.•..•