HomeMy WebLinkAboutCOM 0281.081 2020-2022 PlCouncil
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From: Joe Belisario
Sent: Tuesday, August 17, 2021 11:53 AM
To: Council Testimony
Subject: Written Testimony Hawaii County Council 21st session
Attachments: Written Testimony Bill 44 21st session 8-17-2021.pdf
Aloha COUNTY CLERK
COUNTY OF HAWAIII
Please see the attached written testimony for submittal in opposition of Bill 44 _ D
Time (�; Q.�l.
-de--
Date AUG 1 7 2021
Joe Belisario
Senior Planning Consultant
Senior Draftsman CAD operator
HAWAII DESIGN GROUP
Post Office Box 4112
Kailua-Kona, Hawaii 96745
Tel: (808) 326-7670
Cell: (808) 896-4706
hawaiidesigngroup.com
ioe@,,hawaiidesigngroup.com
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170�Comm. No. • �
Ref. To: V I
Ref. tete AUG 1 8 2021
1
3
Mitchel[D. doth *t sa Steven Tkaika Rodenhursty P.E.
Mayor Director
gra e�•+�av+
)vee E.Lord Stephen M.Pause,P.E.
Managing Director ' ¢c� Deputy Director
itfAnfija
DEPARTMENT OF PUBLIC WORKS
Aupunn;i Center
101 Pauahi Street,Suite 7 Hilo,Hawaii 96720-4224
(808)961-8321 •Fax(808)961-8630 -
public_works@hawaiicounty_gov
May 26, 2021
HONORABLE CHAIRWOMAN MAILE DAVID
AND MEMBERS OF THE HAWAII COUNTY COUNCIL "r
HILO, HAWAII 96720
SUBJECT: New 2018 International Residential Code adaption with County amendments
and New 2018 International Existing Building Code adoption with County amendments.
Transmitted herewith for the Council's consideration and approval is a bill to introduce
and adopt two new chapters into the Hawai'i County Code chapter 5, Construction
Administrative Code, hanter 6B, the 2018 International_Residential Code and Chafer
C, the 2018 International Existin Building Code. Pursuant to Hawai'i-i-ARevised
Statutes, §107-28 the County is required to adopt these codes.
Chapter 5B, the 2018 International Residential Code with County Amendments
incorporates the Hawai'i State residential code and establishes minimum requirements
for one- and two family dwellings and townhouses using prescriptive provisions. The
code is founded on principles intended to establish provisions consistent with the scope
of a residential code that adequately protects public health, safety and welfare;
provisions that do not unnecessarily increase construction costs; provisions that do not
Tes1r "fieuse b new m er[als;prod c s or r--e-Mti o ons ructi5n; an provisions
t`Fa ono give p» even [a ffoafrfienf_c pdffr`fy es or classes o materials;
prodiacfs'or me o s cad coris�ruc [ori.
Chapter 5C, the 2018 International Existing Building Code with County amendments
incorporates the Hawai'i State existing building code and establishes minimum
requirements for existing buildings using prescriptive and performance-related
provisions. Historically, provisions for existing buildings were included in the
International Building Code Chapter 34 "Existing Buildings and Structures"; however1i.
the 2018 edition of the International Building Code had repealed that chapter. Th a ,
International Existing Building Code is founded on broad-based principles rote ed
encourage the use and reuse of existing buildings that adequately protect p lic heaISIlth,
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County of Hawaii is an Equal Opportunity Provider and Employer. Ref.
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safety and welfare, provisions that do not unnecessarily increase construction costs;
w provisions that do not restrict the use of new materials, productsor cometodss o
cbnstri�c ion; an provisions ado ndfgiv6"prime eren iti lr-eaTm eno par icuTar ypesµof
gasses o ma�e��afs; proud s or mne��rc�ds of coe��ss rucTion.�
I.n order to gather public input during the pandemic, the Department of Public Works,
mil Eng division publisedra s o eac c apter for public review and also reached out
to various contractors, business chambers, and members of the architectural,
engineering and real estate sectors. The division received various comments and
proposed amendments to both chapters. The comments received by the division's
deadline were evaluated and incorporated into these proposed amendments.
Thank you for your consideration of this bill.
,"ZA";;
Steven Ikaika Rodenhurst. P.E. Mitchell D. Doth
Director of Public Works Mayor
County of Flawaf i is an Equal Opportunity Provider and Employer,
i
Joaquin Belisario
Post Office Box 4112
Kailua-Kona Hawaii 96745
Phone (808) 326-7670 Cell (808) 896-4706
Hawaii County Council
Public Testimony 21 It session
Aloha
The written following comments are meant to be compare to the language within
Comms: 281, PWMTC dated May 26, 2021 To: The Honorable Chairwoman Maile David
and Members of the Hawaii County Council.
I have redlined comments made from the author numbered by paragraph and
underlined in red.
My comments are born of direct communications with DPW senior personnel with Maui,
Kauai, and the Honolulu
Comments to Comms, 281 dated May 26, 2021:
Paragraph 1:
1. Status of the IBC and HRC code for Maui, Kauai, and Honolulu.
(a) Maui: Maui DPW is currently under the 2006 IBC/IRC. On August 31, 2021
Maui will be switching to the 2012 IBC/IRC
(b) Kauai: Kauai DPW toyed with the idea of an administrative pause to look
at advancing to the 2018 IBC/1RC, Per the DPW official I spoke with, The
Legality of such a course of action was considered and resulted in Kauai
adopting. the 2012 IBC/CRC
(b) Honolulu: Honolulu DPP is currently under the 2012 IBC/IRC
2. All three counties are actively working on their county amendments to both the
2018 IBC and IRC.
3. The red underlined statement in this paragraph is , incorrect as the our sister
Counties have not adopted the 2018 IRC. This statement is not only wrong ,
but misrepresented by its author to this Council via comms 281
_.� CLIENT INITIAL -�-Page 1.
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3
Paragraph 2:
i
1. The Statements made and underlined in red in essence claims that the Bill 44
amendments as of this May 26, 2021. "D4 NOT unnecessarily increase
construction cost" in several areas and methods. See redline
2. As of this date, it has became clear and a matter of much discussion from the
public and this Council itself as to the Increased cost of construction, Planning
and Engineer.
3. The contradiction of the statement in this communication are glaring and part
of the council record.
Paragraph 3:
1. Paragraph 3, In essence is a regurgitation of paragraph 2
2. In both Paragraphs 2 Et 3 the economic impact to the public has never been
Quantified, Studied or determined by an economic impact study.
3. A Current senate Bill specifically proposes to add the requirement for an
economic study be part of the amendment process, `des, its not Law , but is
common sense smart and required to make logical decisions based on factual data
that these codes and amendment will have.
Paragraph 4:
1. Paragraph 4: denote the input from several sources, I see no communications
with Draftsmen or Women.
2. Draftspersons are the backbone of this world of planning and engineering. We
draw side by side with the licensed professional
3. Draftspersons are in most case educated in multiple disciplines of the codes,
A skilled draftsperson will be knowledgeable of the codes. Which in turn
makes them a valuable asset to the licensed professional or themselves.
4. It is common knowledge in the drafting community that, If you are not
licensed "you will never gain the respect" from others in the planning and
engineer community. To not consult the draftsperson is a lack of vision by
the current codes makers
5. There have been several attempt to end the ability for draftspersons to
operate in this county in the 40 years I have been here.
6. Most recent attempt was during bill 171 specifically section FICC 5-4-3, With
5 days to review I came across the draft version of 5-4-3, if it had not been
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CLIENT INITIAL Page 2
revised. Draftsperson would not be able to operate in this county as
independents or those who work for licensed professional.
7. The contributors and consultants to this and other bill of this magnitude need
to be known and qualified.
8. This document references reactors, and chambers (assuming Chamber of '
Commerce Kona and Hito) as providing comments on Bill 44 and in retrospect
the same was done with Bill 179. Frankly, the realtor seeks out
draftspersons to help them with their multiple dilemmas during a sale of
purchase of property and or new or used structure.
9. This communication closes with the statement the received comment from
these outside entities were incorporated into the bill 44. There in no way to
confirm who made what comment and if those comments were actually
incorporated. I have my doubts. Why?
10. During the formation of Bill 179 1 was made aware after the fact that the
Kona Chamber had formed a task force of building managers, realtors,
general contractors. Not one licensed professional was a member of this
task forced. One draftsman that was recognized as an architect.
11. This task force submitted 125 amendments to bit[ 179 NOT ONE OF THEIR
AMMNEDMENTS WERE ADOPTED.
SUMMU RAY:
1. The impression that is being presented to this Council as to the required
adoption of the 2018 IRC as being required in misrepresented. If it was so,
the other Counties would not be in line with the 2012 IBC.IRC and working on
their 2018 IBC/IRC counties amendments with a august 31s' deadline.
2. The Cost impact of Bill 44 is completely unknown. What is known via the most
recent council hearing is that the cost of material, planning, engineering and
construction cost WILL INCREASE.
3. As to contributors to both Bill 179 and Bill 44, They are unknown or severely
unqualified to comment on matters of the building codes. As they do not use
the code.
4. There are a small number of persons and business that will profit from Bill 44.
The building public will not.
CLIENT INITIAL page 3
5. As to Affordable Housing , Tiny modular homes are designed and awaiting
the passage of Bilt 44, to made available for sale by one tocat material supply
house. A 600-sf studio and 1 Bedroom 700 sf , the estimated cost is estimated
at $110.000.00 per sq ft. build cost with the cost of land. That breaks down to
$166.00 per sf. Based on these estimated numbers a Tiny Modular home
would fall into the cost range of $11 OK without land cost.
I cannot see the Homeless or the family living on the beach being a position to
be able to afford these tiny homes. Yes, some will be able to afford it,
Even with government subsidies it would be a stretch for those who really need
housing.
Solution:
1. Kitt Bit[ 44 as it is not inline with the other counties, raises cost, and do not
serve the general public or the homeless
2. Per hrs 107-28 , adopt the 2012 IBC/iRC State amended as I'm sure out county
official in charge of the adoption of the 2012 IBC dad not do their job. And the
true reason for this 2018 rush
3. Yes , it has been touted that adoption of the 2018 would subject this county
would be detrimental which in my opinion is another misrepresentation.
4. In reality If we adopt the 2012 IBC/iRC state amended , the county has already
demonstrated that this county can amend as needed. This mechanism was
demonstrated when this county failed to adopt the 2015 IECC. Making window
AC's in residential a requirement. This SNAFU was amended out in a week or
SO.
5. As to the Hawaii County Building code born of Bill 179, repeat it and put back
into place the previous codes. Until such a time that it can also be re-
reviewed as we only had five day to review a 200 page document
6. A lot of people have made substantial investments and code changes that ride
on bill 44 passing a year and half ahead of the actual deadtine. Using Covid as
a reason for the lack of public review by qualified and definitely more
experienced code users . This has the feet of insider trading
In Closing. Put Bill 44 on a shelf until we all can get a better understanding of this
bill and its amendments. Fix the Core problems before we move forward. Bill 44
if passed will sweep the severe mismanagement of the DPW committee chair, the
DPW previous and current directors and the Mayor Harry Kim's administration
Mahalo
e
CLIENT INITIAL � gage 4