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Dominic Yagong, Chair
<br />Hawai`i County Council
<br />October 17, 2011
<br />Page 4 of 9
<br />See, HAW. REV. STAT. § 107 -26 (2007). If enacted, it should not be preempted by the State
<br />Building Code.
<br />5. Section 5 -61. Amendments to this section should NOT BE VOID.
<br />This section addresses the administration, permitting, and /or enforcement and inspection
<br />procedures of the County building code and is, accordingly, within the purview of the Council.
<br />See, HAw. REV. STAT. § 107 -26 (2007). If enacted, it should not be preempted by the State
<br />Building Code.
<br />6. Section 5 -76. Amendments to this section will likely BE VOID.
<br />This section is from Article 4 of Bill 270, Draft 3, which addresses County -made amendments to
<br />the IBC. As such, it does not address the administration, permitting, and /or enforcement and
<br />inspection procedures of the County building code. See, HAw. REV. STAT. § 107 -26 (2007).
<br />Accordingly, if enacted, this amendment will likely be preempted by the State Building Code
<br />and declared void.
<br />7. W101.4, Section 1609.1.2. Amendments to this section will likely BE VOID.
<br />This section is from Appendix W, added to Bill 270, Draft 3, as discussed in Article 4, which
<br />addresses County -made amendments to the IBC. As such, it does not address the administration,
<br />permitting, and /or enforcement and inspection procedures of the County building code. See,
<br />HAw. REV. STAT. § 107 -26 (2007). Accordingly, if enacted, this amendment will likely be
<br />preempted by the State Building Code and declared void.
<br />8. Section 5 -85. Amendments to this section should NOT BE VOID. However, this
<br />amendment is NOT NECESSARY, as similar language that directly corresponds to the State
<br />Building Code is already found in Bill 270, Draft 3.
<br />This section addresses the administration, permitting, and /or enforcement and inspection
<br />procedures of the County building code and is, accordingly, within the purview of the Council.
<br />See, HAW. REV. STAT. § 107 -26 (2007). However, the State has adopted the International
<br />Energy Conservation Code ( "IECC ") as part of the State Building Code, so any Bill 270
<br />amendment inconsistent or in conflict with the IECC will be preempted by the State Building
<br />Code and declared void. This amendment, as drafted, is not inconsistent with the State Building
<br />Code. However, this amendment is not needed, as similar language that is consistent with the
<br />State Building Code is found in Article 5, Section 5- 84(8), of Bill 270. See, HAR § 3- 181 -15.
<br />B. Statutory Interpretation
<br />Statutory interpretation begins with the language of the statute itself. Consumer Prod.
<br />Safety Comm'n v. GTW Sylvania, Inc., 447 U.S. 102, 108, 100 S.Ct. 2051, 2056 (1980); see
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