The URL can be used to link to this page

Home My WebLink AboutBIL 238 Draft 01 2020-2022 PWMTC-29 November 15,2022 RECOMMENDED ADOPTION: Ayes: Committee Members Chung, David, Kierkiewicz, Kimball, and Acting Chair KAneali`i-Kleinfelder—5. Noes: None. Absent: Committee Members Inaba, Lee Loy, and Villegas—3. Excused: None. BILLS FOR ORDINANCES Bill 221: AMENDS CHAPTERS 17 AND 26 OF THE HAWAI`I COUNTY CODE 1983 (Draft 2) (2016 EDITION, AS AMENDED), RELATING TO FIRE Updates and revises the Hawai`i County Fire Code to incorporate the 2018 National Fire Protection Association standards and adopt the 2018 Hawai`i State Fire Code. Reference: Comm. 1029.4 Intr. by: Ms. Kierkiewicz(B/R) Postponed: October 19, 2022 (Note: There is a motion by Ms. Kierkiewicz, seconded by Mr. Richards, to recommend passage of Bill 221, as amended to Draft 2, on first reading.) AMENDED TO DRAFT 3 AND RECOMMENDED PASSAGE ON FIRST READING: Ayes: Committee Members Chung, David, Kierkiewicz, Kimball, and Acting Chair Kaneali`i-Kleinfelder—5. Noes: None. Absent: Committee Members Inaba, Lee Loy, and Villegas—3. Excused: None. Bill 238: AMENDS CHAPTER 5, ARTICLE 4, SECTION 5-4-5 OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REVIEW OF APPLICATIONS FOR PERMITS AUTHORIZED BY THE CONSTRUCTION CODE Adds provisions to allow for plans and specifications prepared, designed, and stamped by a licensed architect or professional engineer to be approved by the County without customary reviews by the Department of Public Works. This provision would be in effect for 180 days from its effective date and repealed thereafter unless extended by ordinance. Reference: Comm. 1082 Intr. by: Mr. Chung (Vote on Bill 238 is on the next page.) Page 3 PWMTC-29 November 15,2022 POSTPONED TO THE CALL OF THE CHAIR: Ayes: Committee Members Chung, David, Kierkiewicz, Kimball, and Acting Chair KAneali`i-Kleinfelder—5. Noes: None. Absent: Committee Members Inaba, Lee Loy, and Villegas—3. Excused: None. Bill 244: INITIATES AN AMENDMENT TO ARTICLE VI, CHAPTER 2, SECTION 6-2.2 OF THE HAWAII COUNTY CHARTER (2020 EDITION), RELATING TO THE DEPARTMENT OF PUBLIC WORKS Replaces the requirement that the Director of Public Works must be a registered professional engineer with the requirement that the Director have a bachelor's degree in engineering, architecture, public administration or a related discipline, or a degree in law. Adds the requirement that at least two of the five years of required administrative or managerial experience must be in public works or construction, or a related field. Reference: Comm. 1103 Intr. by: Mr. Chung POSTPONED TO JANUARY 4, 2023: Ayes: Committee Members Chung, David, Kierkiewicz, Kimball, and Acting Chair Kaneali`i-Kleinfelder—5. Noes: None. Absent: Committee Members Inaba, Lee Loy, and Villegas—3. Excused: None. ADJOURNMENT—4:00 p.m. Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation "By Request" on behalf of the requesting party. It does not necessarily signify support of or opposition to the proposal. Live stream of County Council Committee Meetings: To view the live stream of this meeting, at the scheduled meeting start time, type the following into the address bar of the browser: http://hawaiicounty.granicus.com/ViewPublisher.php?view_id=1. Please call 961-8255 if the Council's streaming location is not functioning. If the Council's stream is deemed inoperable, the following address will be provided for the live stream and should be typed into the browser: https://www.youtube.com/channel/UCJNalwg4OoK7a_7nGnEtGPA. If you need an auxiliary aid/service or other accommodation due to a disability, call 961-8255 as soon as possible, preferably by November 10, 2022. If a response is received after this date, every effort will be made to obtain the auxiliary aid/service or accommodation, but there is no guarantee the request can Page 4 COUNTY OF HAWAIJ STATE OF HAWAIJ �TEOFNF'� BILI NO. 238 ORDI INANCE NO. I i AN ORDINANCE AMENDING CHAPTER 5,ARTICLE 4, SECTION 5-4-5 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED),RELATING TO REVIEW OF APPLICATIONS FOR PERMITS AUTHORIZED BY THE CONSTRUCTION CODE. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 5, article 4, section 5-4-5, of the Hawaii County Code 1983 (2016, as amended), is amended to read as follows: "Section 5-4-5. Review of application. (a) The application,plans, specifications, and other data filed by an applicant for a permit shall be reviewed by the authority having jurisdiction. Plans shall also be reviewed by other appropriate departments and divisions of the County and the State to verify compliance with laws under their jurisdiction. (b) Nothing contained in the construction code shall be construed to require the authority having jurisdiction to accept or reject any permit application before completion of reviews required pursuant to the construction code and other applicable laws. (c) Notwithstanding qny_provision of chapter 5 to the contrary, an_y application for a permit under this chapter that complies with the requirements of sections 5-4-1, 5-4-2, and 5-4-3 shall be approved by the authori . having jurisdiction without further review by the authori1y having jurisdiction of any plans and specifications prepared, designed, and stamped by licensed architect or professional engineer of the State of Hawaii pursuant to section 5-4-3. In that regard,the provisions of this section which relate to the review of plans, specifications, and other data by the authority having jurisdiction are hereby specifically superseded by the terms of this ordinance during its effective period. All plans and specifications submitted with any application, in addition to beingstamped tamped b duly licensed architect or professional engineer, shall include a certification signedy the duly licensed architect or professional engineer that such plans and specifications are in conformity with the requirements of the construction code and all applicable laws. Nothing contained herein shall preclude the authori _ having_jurisdiction from promulgating rules and regulations establishing training criteria for duly licensed architects or professional engineers to promote the effective implementation of this subsection, so long as such training is not stricter than that currently required of County plan review staff. This subsection shall be repealed one hundred eighty days from its effective date, unless otherwise extended by ordinance." SECTION 2. New material is underscored. In printing this ordinance,the underscoring need not be included. SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid,the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 4. This ordinance shall take effect upon its approval and shall be repealed one hundred eighty days after approval;provided that section 5-4-5 shall be reenacted in the form in which it read prior to the effective date of this ordinance. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 1082 2