HomeMy WebLinkAboutCOM 0376.002 2024-2026Ashley L. Kierkiewicz
Council District 4
District 4 Puna
Phone: (808) 961-8265
ashlev.kierkiewicz@hawaiicountE.gov
James E. Hustace
Council District 9
District 9 North & South Kohala
Phone: (808) 887-6077
-james.hustace@hawaiicouno2.gov
HAWAI`I COUNTY COUNCIL
Hawaii County Building
25 Aupuni Street • Hilo, Hawaii 96720
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DATE:
August 5, 2025
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TO:
Dr. Holeka Goro Inaba, Council Chair
and Members of the Hawaii County Council
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FROM:
Ashley L. Kierkiewicz, Council Member -
4
District
'lam James Hustace, Council Member
District 9
SUBJECT:
Proposed Amendments to Bill No. 68; An Ordinance to Initiate an Amendment
to Article VI of the Charter of the County of Hawaii (2024 Edition), Relating
to the Establishment of a Department of Building.
Transmitted herewith are proposed amendments to Bill No. 68. Except as in the first enumerated
amendment, the amendments are shown below in Ramseyer format with respect to the content of
Bill No. 68; material to be deleted is bracketed and stricken, and material to be added is
underscored.
1. Bill No. 68 is amended by adding a section that amends article VI, chapter 9, section 6-9.2 of
the Charter of the County of Hawaii (2024 edition) to be designated as SECTION 1 and to
read as follows:
"Section 6-9.2 Board of Appeals.
The board of appeals shall consist of seven members who shall be appointed by
the mayor and confirmed by the council in the manner prescribed in Section 13-4. Each
member shall be a legal resident and a registered voter of the county. Board membership
shall be representative of the community, and, whenever possible, persons with
background or expertise in broad areas of planning and construction shall be given
preference, although such knowledge is not a prerequisite for membership. The board of
appeals shall establish its rules of procedure and shall:
(a) Hear and determine appeals from the final decisions of the planning
director [er], the director of public works or the director of building
regarding matters within their respective jurisdictions.
Comm.
Ref. To:-
Hawai `i County is an Equal Opportunity Provider and Employer Ref. Date
(b) Conduct hearings in accordance with Chapter 91, Hawai`i Revised
Statutes, and this charter.
(c) Be part of the planning department for administrative purposes, and said
department shall provide necessary clerical and other assistance."
2. SECTION 1 of Bill No. 68, which amends article VI of the Charter of the County of Hawaii
(2024 edition) by adding a chapter, is renumbered as SECTION 2 and amended by amending
section 6-11.3 thereof to read as follows:
"Section 6-11.3. Powers, Duties and Functions.
The [building dir-eetef] director of building shall be the administrative head of the
department and shall have the power to:
(a) Issue permits for and conduct inspections of building and construction
activities.
(b) Enforce building, electrical, plumbing, fire and other related construction
codes and ordinances.
(c) Collaborate with other county departments and agencies to streamline
development processes.
(d) Perform other such duties and functions as may be necessary or required
pursuant to law and this charter."
3. SECTION 1 of Bill No. 68 is further amended by amending section 6-11.4 thereof to read
as follows:
"Section 6-11.4. Building Codes Commission.
(a) There shall be a building codes commission consisting of nine members
appointed by the mayor and confirmed by the council in the manner prescribed in
Section 13-4. Members shall possess substantial experience or expertise in
construction or a related field including but not limited to architecture,
engineering electrical work, plumbing, fire protection general contracting
building material supply, or trade union representation. The director of building,
the planning director, the director of public works, the fire chief, and the manager -
chief engineer of the department of water supply, or their designated
representatives, shall serve as ex-officio members of the building codes
commission without power to vote.
(b) The building codes commission shall:
(1) Review and evaluate an proposed [affiendmepAs] amendment to building,
electrical, plumbing [and]., fire or other building -related codes [erigixatixg
from iRlemational and state e de eauReils-.],as required under State law.
(2) Recommend amendments to building -related [e-edes] ordinances for
consideration by the administration and council.
(3) Advise the mayor, council and the director of building on building and
construction matters pursuant to law and this chapter.
(4) Review the department's operations for the purpose of recommending
improvements to the director of building.
2
(c) Except for purposes of inquiry, neither the commission nor its members shall
interfere in any way with the administrative affairs of the department."
4. SECTIONS 2, 3, 4, and 5 of Bill No. 68 are renumbered as SECTIONS 3, 4, 5, and 6,
respectively.
Due to the limited scope of these proposed amendments, a copy of the new draft of this bill that
would result if these amendments were adopted is not attached.
AK/JH:kj