2019-02-27 Meeting Minutes (EMC)

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hundreds of government entities who figured out what makes sense for a plumbing code. The latest versions authorize water conservation devices and also has language that allows for in-home use of reclaimed water. At the conclusion of his comments before the committee, a member of the Department of Public Works told the councilmembers they could not adopt the new code until the state approves it. This was misinformation. He researched the Hawaiʻi Revised Statutes, and Section 107-28 gives the county authority to amend and adopt the Hawaiʻistate building codes without council approval. “The governing body of each county shall amend, adopt, and update the Hawaiʻi state building codes as they apply within their respective jurisdiction.” The county is therefore free to adopt the more modern UPCs and green supplements if it chooses. He takes great exception to someone from the county telling councilmembers they could not do so, and he would like the EMC to authorize him to send a letter to the County Council indicating that in their view, they are free to adopt. He will cite the state law in the letter. Motion: Vice Chair Olson so moved. Director Kucharski commented that his understanding of what was stated is that the County Code cannot be less restrictive than whatever the state code is. He felt the comment made was that administratively, DPW did not have the staff to show that every new adopted section is more or less restrictive than what is in the current code. This is his understanding of the hesitation by county DPW staff to adopt the new standards in toto. Chair Bennett said that conversation did not occur in front of the council. Director Kucharski suggested the EMC request the DPW make a presentation on the plumbing code and how it is applied, so that people who actually work with it can address the issues. Mr. Holmes said the Council should adopt the more aggressive code, and let the state bureaucrats show what isn’t right. Also, when there is a new code adopted, staff training is needed. The EPA in San Francisco has a sustainable water office, and their funding could be used to do the training. The UPC is a consensus document, and all the industry groups and lobbyists have been working on it a long time. A county bureaucrat should not be allowed to hold them up over a notion that it might be in violation of some state requirement. The savings to the county could be very handsome if a more aggressive code is adopted. Director Kucharski interjected that with all due respect, DEM has no responsibility for the plumbing code. It is not in their purview. Chair Bennett said he wanted a motion to say that the EMC wishes to advise the County Council on their freedom to adopt the later UPC codes if they choose, according to HRS Section 107-28. Vice Chair Olson suggested they send a letter to Councilmember Richards, since he chairs the relevant committee. Director Kucharski said that as a matter of courtesy, it should also be sent to Dave Yamamoto, the Director of the Public Works Department, since the plumbing code is his purview and responsibility, and DPW would be the recipient of the work involved.