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HomeMy WebLinkAboutCOM 0281.049 2020-2022 From: Heidi Teraoka Sent: Tuesday, July 20, 2021 12:28 PM COUNTY CLERK To: Council Testimony COUNTY OF HAWAI'I Subject: Supporting Bill 44 RECEIVED Attachments: Attachment to Testimony - Support Bill 44.docx Time Date. JUL2 0 2021 . Dear Council Chair David, I am requesting that you please postpone amending any provisions on factory built housing pending the SBCC investigative committee's review. I would like to submit this letter and written testimony on behalf of the Hawaii Island Housing Coalition in support of Bill 44 Amending the Hawaii County Code as it relates to the Construction Codes. I have also attached for your reference the specific chapters of the Hawaii Revised Statutes that I feel are relevant and provide the enabling language for the Building Code Adoption processes. The passage of Bill 44 will provide an opportunity for the County of Hawaii to establish stability with respect to Building Codes that will remain in effect until such time that the State Building Code Council adopts the next State Building Code. During this code life cycle, the County of Hawaii may continue to amend and modify the adopted code to address matters relevant and possibly unique to our community. The passage of Bill 44 does not set in place a permanent set of regulations but rather establishes the fundamental and base code provisions from which to build and improve upon if deemed necessary. As you may be aware,the State Building Code Council (SBCC) is by statute(HRS§107-22 attached),the body that is delegated with the authority and responsibility of adopting the State Building Code. Upon adoption of the State Building Code,each of the four Counties has two years to amend and adopt the State Code for its respective jurisdiction(HRS§ 107-28 attached). Should the County not complete its amendment and adoption process by the end of that two-year period,the State Building Code is by default,adopted by the County. Given that Hawaii County had not adopted the 2012 State Building Code(statutory deadline of November 2020),that unamended State Building Code should have been adopted by default and be in place at this time. However,through an Administrative Policy,the County of Hawaii extended its adoption deadline until August 31,2021. Concurrently,on April 20, 2021 the SBCC adopted the 2018 State Building Code and thereby starting the clock on the two-year deadline to adopt the 2018 State Building Code with County amendments. The 2018 reflects the most recent set of codes and standards developed by the International Code Council and amended by the SBCC. In addition,the County of Hawaii Department of Public Works Building Division had established the framework for Chapters 5 and 5A of the County Code(Ord 20-61) and has since developed amendments to the 2018 State Building Code,some of which was based on solicited community input. To the best of my knowledge,the County has not developed amendments to the 2012 State Building Code. Therefore,the most prudent action would be to adopt the most current and County amended code. Finally, in considering any amendment of the State Building Code,the actions of the County are limited or regulated by the language contained in HRS§ 107-28 and HRS§46-1.5 (attached)and prohibit the adoption of County provisions that may conflict with or "defeat"the intent of the State Code. This statutory limitation is of essential relevance to the development of possible County amendments now,and in the future. In closing I would like to thank you for the opportunity to provide testimony in support of Bill 44 and strongly encourage its passage. Thank you, Heidi Teraoka Executive Director Neighborhood Place of Kona 75-166 Kalani St., #104 Kailua-Kona, HI 96740 The information in this e-mail is confidential and is legally privileged. It is intended solely for the addressee. Access to this e- mail by anyone else is unauthorized and may lead to civil and/or criminal penalties. If you have received this message an error, please delete all electronic copies of this message (and the documents attached to it, if any); destroy any hard copies you may have created; and notify Neighborhood Place of Kona immediately at 808-331-8777. Comm.No Ref.To: t fief.Date Attachment to Testimony Bill 44 HRS§107-22 State building code council. (a) There is established a state building code council. The council shall be placed within the department of accounting and general services for administrative purposes only. The council shall consist of eleven voting members and one nonvoting member, who shall be the comptroller or the comptroller's designee. The council members shall serve four-year terms. The voting members shall include: I (1) One county building official from each of the four counties appointed by the mayor; I (2) One member representing the stote fire council; (3) One member representing the department of labor and industrial relations who has significant experience in elevator safety, (4) One member representing the state energy office of the department of business, economic development, and tourism; (5) One member representing the Structural Engineers Association of Hawaii; (6) One member representing the American Institute of Architects, Hawaii State Council; (7) One member representing the Building Industry Association of Hawaii or the General Contractors Association of Hawaii, who has significant experience with building codes, with alternating four-year terms between the two organizations and the first four-year term to be served by the Building industry Association of Hawaii;and I (8) One member representing the Subcontroctors'Association of Hawaii who has significant experience with building codes. (b) Seven voting members shall constitute a quorum. The chairperson of the council shall be elected annually from among its members by a majority vote of the members of the council. (c) Members shall serve without compensation, but shall be reimbursed for expenses, including travel expenses necessary for the performance of their duties. [L 2007, c 82,pt of§2; am L 2014, c 164, §3] HRS§107-24 Authority and duties of the council. (a) Any law to the contrary notwithstanding, the council shall establish the Hawaii state building codes. I I I a I i I i i I I I I I HRS§107-28 County authority to amend and adopt the Hawaii state building codes without council approval. (a) The governing body of each county shall amend, adopt, and update the Hawaii state building codes as they apply within their respective jurisdiction, in accordance with section 46-1.5(13), without approval of the council. Each county shall amend and adopt the Hawaii state building codes and standards listed in section 107-25, as the referenced Hawaii state building codes and standards for its respective county building code ordinance, no later than two years after the adoption of the Hawaii state building codes. (b) If a county does not amend the Hawaii state building codes within the two-year time frame, the Hawaii state building codes shall become applicable as an interim county building code. [L 2007, c 82, pt of§2;am L 2014, c 164, §9] §46-1.5 General powers and limitation of the counties. (13) Each county shall hove the power to enact ordinances deemed necessary to protect health, life, and property, and to preserve the order and security of the county and its inhabitants on any subject or matter not inconsistent with, or tending to defeat, the intent of any state statute where the statute does not disclose on express or implied intent that the statute shall be exclusive or uniform throughout the State; The language in HRS§46-1.5 General powers and limitation of the counties, is interpreted to mean the Counties cannot adopt amendments to the State Code that would be less restrictive or tending to defeat, the intent of any state statute".