HomeMy WebLinkAboutBIL 068 Draft 02 2024-2026COUNTY OF HAWAI`I
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•' STATE OF HAWAI`I
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BILL NO. 68
(DRAFT 2)
ORDINANCE NO.
AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE VI OF THE
CHARTER OF THE COUNTY OF HAWAI`I (2024 EDITION), RELATING TO THE
ESTABLISHMENT OF A DEPARTMENT OF BUILDING.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Article VI, chapter 9, section 6-9.2, of the Charter of the County of
Hawaii (2024 edition) is amended 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 [of],
the director of public works or the director of building regarding matters within
their respective jurisdictions.
(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."
SECTION 2. Article VI of the Charter of the County of Hawaii (2024 edition) is
amended by adding a chapter to be appropriately inserted and to read as follows:
"CHAPTER 11
DEPARTMENT OF BUILDING
Section 6-11.1. Oreanization.
There shall be a department of building consisting; of a director of building, a deputy .
director, a building codes commission and the necessW staff.
Section 6-11.2. Director.
The director of building shall be appointed by the mayor, confirmed by the council, and
may be removed b the mayor. The director shall have a minimum of five years of experience in
the building and development industries at least three of which shall have been in a supervisory
or administrative capacity.
Section 6-11.3. Powers, Duties and Functions.
The director of buildina 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.
Perform other such duties and functions as may be necessary or required pursuant
to law and this charter.
Section 6-11.4. Building Codes Commission.
Lal 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 -lanning 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.
The building codes commission shall:
Review and evaluate M proposed amendment to building, electrical, plumbing,
fire or other building -related codes, as required under State law.
(22) Recommend amendments to building -related ordinances for consideration by the
administration and council.
M 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.
Lej Except for purposes of inquiry, neither the commission nor its members shall interfere in
M way with the administrative affairs of the department."
SECTION 3. New charter material is underscored. When revising, compiling, or
printing these charter provisions for inclusion in the Charter of the County of Hawaii, the
revisor need not include the underscoring.
SECTION 4. 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 5. Upon adoption of this ordinance, this Council, by appropriate resolution,
shall provide that this amendment be submitted to the electorate of the County of Hawaii for
approval in the 2026 general election.
SECTION 6. The charter amendment proposed in this ordinance shall take effect upon
its approval by a majority of voters voting on this legislation in the 2026 general election, as duly
certified.
INTRODU ED BY:
COUNCIL ME ER, COUNTY OF HAWAI`I
O CIL MEMBER, COUNTY OF HAWAI`I
, Hawai`i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Date of 3rd Reading:
Effective Date:
REFERENCE Comm. 37.6.3