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Dominic Yagong, Chair Hawai`i County Council October 17, 2011 Page 9 of 9 IV. CONCLUSION The statutory language of HRS § 107 -28 is plain and unambiguous, and the plain and obvious meaning of the statute supports the conclusion that, while the Council may amend the State Building Code, the Council may not enact a building code ordinance that is less stringent than the State Building Code, vis -a -vis, the IBC. Alternatively, even if the statutory language was considered ambiguous, placing the language of HRS § 107 -28 in context with other pertinent provisions of HRS Chapter 107, Part II, the legislative history of HRS Chapter 107, Part II, and HAR sections relating to the State Building Code, yields the same conclusion. As noted above, any provisions of Bill 270 that that are less restrictive than the State Building Code will be preempted by the State Building Code and found to be void if challenged in a court of law. As discussed above, the Council will act within its legislative authority if it enacts Councilmember Smart's proposed amendments to Bill 270, Draft 3. See, n.4. However, it is important to note that the ultimate answer as to whether these proposed amendments are void lies with a court of law. Id. This office can only offer its opinion as to how a court of law might view Councilmember Smart's proposed amendments if they were to be challenged in court, and is so doing through this letter. 8251. If you have any questions, please do not hesitate to contact the undersigned at (808) 961- Respectfully submitted, Chang, Kyle J 1 _ Oct 17 2011 9:39 AM KYLE K. CHANG Deputy Corporation Counsel KKC:ec cc: County Council Members County Clerk Lincoln S.T. Ashida, Corporation Counsel Katherine A. Garson, Assistant Corporation Counsel Warren H.W. Lee, DPW Director Brandon A.K. Gonzalez, DPW Deputy Director Jai Ho Cheng, DPW Acting Building Division Chief Neil C. Erickson, DPW Building Division Plans Examiner