COM 0128.081 2010-2012 - Laserfiche WebLink

Home

Dominic Yagong, Chair Hawai`i County Council October 17, 2011 Page 7 of 9 express or implied intent to be exclusive and uniform throughout the state or (2) it conflicts with state law." Richardson, 76 Hawai`i at 62, 868 P.2d at 1209. Thus, if a county ordinance addresses the same subject matter as a State statute, the State statute will control and, if challenged in court, the county ordinance will be declared void. Id. at 61 -62, 868 P.2d at 1208- 09. Here, Bill 270 addresses the same subject matter as the State Building Code, so preemption applies. If the County were to enact a version of Bill 270 that is less restrictive than the State Building Code, as defined by the HRS, then the State Building Code will prevail over Bill 270, as the State Building Code is established by state statute. Any such version of Bill 270 would be void on the basis of its provisions being less restrictive than the State Building Code because the people of the County are governed by the provisions of the State Building Code when constructing new buildings, irrespective of Bill 270.4 C. Legislative History As discussed above, the language of HRS § 107 -28 is plain and unambiguous and when the statutory language is plain and unambiguous, the courts look no further than the plain and obvious meaning. Assuming for purposes of complete analysis that there is some ambiguity, extrinsic aids such as legislative history may be used to determine legislative intent. State v. Reis, 115 Hawai`i 79, 84, 164 P.3d 980, 985 (2007). The bill that ultimately became HRS Chapter 107, Part II, was Senate Bill ( "S.B. ") No. 795 from the Twenty -Fourth Legislature, in 2007.5 Section 1 of S.B. 795 reads as follows: Section 1. The legislature finds that the State has traditionally allowed the individual counties to establish their own building codes. The counties have adopted various portions of the Uniform Building Code, but the code differs from county to county. The status of fragmented building requirements in Hawaii is of serious concern to those involved in building ownership, design, construction, and insurance. Over forty states have adopted some form of a statewide building code. The adoption of a uniform set of statewide building codes applicable to one and two family dwellings, all other residential uses, and commercial and industrial buildings, and state buildings would make it possible for building owners, designers, contractors, and code enforcers within the State to apply consistent standards. The health and safety considerations related to the codes are of statewide interest, especially relating to emergency disaster preparedness. 4 The Council has the legislative authority to enact all, some, or none of Councilmember Smart's proposed amendments to Bill 270, Draft 3. The issue is whether, if these amendments are challenged in a court of law, that court of law would determine the amendments are preempted by State law and, thus, void. Also known as "Act 82 ".