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Dominic Yagong, Chair Hawai` i County Council October 17, 2011 Page 3 of 9 However, Communication 128.74 will be discussed at the upcoming October 19, 2011, Council meeting. Accordingly, the proposed amendments to Bill 270, Draft 3, as contained in Communication 128.74, will be discussed below. 1. Section 5 -11. Amendments to this section should NOT BE VOID. However, insomuch as this proposed amendment contemplates additional /other ordinances enacted by the Council, it is important to note that any such additional /other ordinances that may be adopted by the Council will be preempted by State law and BE VOID to the extent that they conflict with State law. This section addresses the administration, permitting, and /or enforcement and inspection procedures of the County building code and is, accordingly, within the purview of the Council. See, HAW. REV. STAT. § 107 -26 (2007). If enacted, it should not be preempted by the State Building Code. However, the proposed amendment discusses the Council enacting additional /other ordinances relating to the County building code.1 Accordingly, any such additional /other ordinances that the Council may adopt will be preempted by State law in the same way that State law preempts Bill 270, Draft 3. 2. Section 5 -19. Amendments to this section should NOT BE VOID. This section addresses the administration, permitting, and /or enforcement and inspection procedures of the County building code and is, accordingly, within the purview of the Council. See, HAw. REV. STAT. § 107 -26 (2007). If enacted, it should not be preempted by the State Building Code. 3. Section 5 -22. Amendments to this section should NOT BE VOID. This section addresses the administration, permitting, and /or enforcement and inspection procedures of the County building code and is, accordingly, within the purview of the Council. See, HAw. REV. STAT. § 107 -26 (2007). If enacted, it should not be preempted by the State Building Code. 4. Section 5 -41. Amendments to this section should NOT BE VOID. This section addresses the administration, permitting, and/or enforcement and inspection procedures of the County building code and is, accordingly, within the purview of the Council. Councilmember Smart's proposed amendment to Section 5 -11 reads that "[t]he administrative authority shall ... enforce the provisions of [the County building] code and shall interpret[ the] code ... [and that such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code and any other(s) relating to this building code that may be adopted by Hawai `i County." (Councilmember Smart's added language in bold italics.)