2024-09-25 Appellant's Request for Subpoena Duces Tecum, Exhibit 1-2

Home

request for"certification of units to IBC 3113" and a"letter from the manufacturer that the design meets the 2018 IBC." • July 22, 2024: After further discussions, DPW again changed their position with new requirements, some of which were brand new. DPW now requested "verification that the electrical systems" and plumbing systems "comply with applicable Codes." For the first time, DPW also required verification that"ventilation" systems complied with"applicable codes." DPW also again required I`o Processing"to obtain electrical and plumbing permits . . . to connect the buildings to the respective systems." Finally, DPW stated that the Facility"will need to have final inspections for the connections to electrical, water, and wastewater per the issued permits." This was obviously very different than the November 27, 2023 criteria offered by DPW for preapproval, which focused on structural plans and seismic/wind calculations, promised to"honor"the existing electrical permit, and did not mention ventilation or additional inspections. In short, DPW constantly moved the goalpost on I`o Processing. Notably, DPW's criterion for an "agricultural exemption" slowly evolved to look almost exactly like the traditional building permit process. DPW initially denied an agricultural exemption outright in January 2023, stating that I`o Processing would "need to pursue traditional permitting (Building/Electrical/Plumbing)." 18 months later, DPW ended up conditioning its agricultural exemption on basically the same submissions that would be required for"traditional permitting" (including ventilation, wastewater, etc.), electrical permits, and plumbing permits. At this point, it is unclear how DPW's interpretation of an "agricultural exemption" at all "eases the financial and administrative burden" of permitting the Facility (as the Legislature intended by enacting HRS § 46-88). D. I`O PROCESSING FILED THIS APPEAL. I`o Processing had no choice but to file this appeal concerning DPW's refusal to issue an agricultural exemption under HRS § 46-88. I`o Processing is requesting that the Board reverse 8 4871-5206-8494.1.071717-00001