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HomeMy WebLinkAboutREP PCPLUD 015 2024/10/02 (2022-2024)REPORT OF THE POLICY COMMITTEE ON PLANNING, LAND USE, AND DEVELOPMENT DATE: October 2, 2024 PLACE: Council Chambers Hilo, Hawaii TIME: 9:02 a.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Re: Comm. No. 1057/Bill No. 212 Your Policy Committee on Planning, Land Use, and Development, to which was referred Bill No. 212, reports as follows: Bill No. 212, transmitted by Council Member Ashley Kierkiewicz via Communication No. 1057, dated September 13, 2024, amends Chapter 5, Article 3, Division 2, Section 5-3-22, of the Hawai'i County Code 1983 (2016 Edition, as amended), relating to building permit exemptions. The bill exempts greenhouses and other accessory structures with a floor area of 1,000 square feet or less and located on agriculturally -zoned land from the requirement to obtain a building permit; and increases the maximum cost of repair work for which a building permit is not required from $7,500 to $25,000. As Bill 212 was introduced, Committee Vice Chair Holeka Inaba assumed the role of Acting Chair, with Committee Chair Ashley Kierkiewicz presenting her bill. Ms. Kierkiewicz explained the bill seeks to mitigate unintended consequences of the current Building Code by reducing unnecessary permitting burdens. It reinstates building permit exemptions for accessory structures, provided no electrical and plumbing systems were installed, and includes greenhouses in the exemption. She further explained that the threshold for building maintenance costs was raised to account for increasing material and labor expenses, enabling essential repairs and upkeep maintenance without the need for a building permit. Ms. Kierkiewicz emphasized that the bill is designed to bolster local food security and strengthen housing resilience by reducing regulatory barriers. Public Works Director Steve Pause and Building Division Chief Julann Sonomura were present in Hilo Chambers to address any concerns. Mr. Pause clarified that accessory structures cannot be used as residences, in accordance with the Building Code and confirmed that the building permit exemption only applies if no electrical or plumbing work is performed. Ms. Sonomura added that the bill aligns with the provisions of Hawaii Revised Statutes (HRS) Section 46-88. PCPLUD Report No. 15 PCPLUD-15 Page 2 October 2, 2024 Committee Member Cindy Evans expressed her support and raised questions regarding the safety of accessory structures, particularly their ability to withstand high winds. Ms. Sonomura clarified that these structures are meant for agricultural purposes and are not held to the same safety standards as dwelling units. Committee Member Galimba asked if the bill would retroactively apply to accessory structures such as sheds for storing agricultural equipment. Ms. Sonomura responded that as long as the structures meet the exemption criteria, they would be allowed, but a declaration would need to be filed. Committee Member Lee Loy voiced her support and asked if any additional requirements beyond notifying the Fire Department and Building Division apply to greenhouse construction. Ms. Sonomura confirmed that no additional triggers exist. Committee Member Matt Kaneali`i-Kleinfelder questioned the necessity of the bill given that HRS Section 46-88 already provides exemptions. Mr. Pause explained that the bill grants additional exemptions and raises the maintenance cost, noting that the bill also increases the allowable size for accessory structures, which is not addressed by the HRS. Ms. Kierkiewicz added that HRS Section 46-88 applies to properties over two acres, while this bill applies more broadly. Mr. Inaba expressed his support for the bill and clarified that greenhouses are not subject to real property tax. Your Policy Committee on Planning, Land Use, and Development is in accord with the purpose and intent of Bill No. 212 and recommends its passage on first reading. kj AYES NOES ABS EX EVANS X GALIMBA X INABA X KAGIWADA X KANEALI`I-KLEINFELDER X KIERKIEWICZ X KIMBALL X LEE LOY X VILLEGAS X Respectfully submitted, POLICY COMMITTEE ON PLANNING, LAND USE, AND DEVELOPMENT ASHLEY L. KIERKIEWICZ, CHAIR PCPLUD REPORT NO.: 15 ADOPTED: OCT 1 6 2i124