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HomeMy WebLinkAboutBIL 173 Draft 01 2006-2008 COUNTY OF HAWAII STATE OF HAWAII , tl O~~M~~' BILL NO. 173 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO INDIGENOUS ARCHITECTURE. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L• SECTION 1. Findings and purpose. The Council finds that azchitecture is one of the most important means of cultural expression for people. Traditional Hawaiian architecture, which may be accurately described as "indigenous azchitecture" for the Hawaiian Islands, has great aesthetic appeal and economic potential, in addition to its cultural significance. The Council further finds that there is a growing interest in, and appreciation for, indigenous architecture among architects, developers, planners, Hawaiian cultural experts, visitors, and residents of Hawaii, both Hawaiian and non-Hawaiian. Thus, individual and family homeowners should be granted the express authority to genuinely utilize indigenous architecture in their structures as a matter of cultural preservation and respect, as well as economic development. The Council further finds that other jurisdictions throughout the United States, particularly in the Southwest, have amended their building codes to support their native peoples' azchitectural heritage. In summary, the Council finds and declares as County policy that indigenous architecture furthers the County's compelling interests in cultural, environmental, and historic preservation; energy efficiency; economic development; aesthetic beauty; and public safety. Thus, it is the purpose of this ordinance to: (1) establish respect for the principles of indigenous architecture in the Building Code; (2) encourage the preservation of existing structures that exhibit the principles of indigenous architecture; and (3)encourage the development of new structures that incorporate indigenous architecture. SECTION 2. Chapter 5 of Hawaii County Code, 1983 (2005 Edition, as amended), is amended by adding thereto a new division, to be appropriately designated and to read as follows: "Division INDIGENOUS ARCHITECTURE Section Policy. This code shall be administered with due consideration given to the County policy that indigenous Hawaiian architecture furthers the County's compelling interests in cultural, envirorunental and historic preservation energy efficiency' economic development; aesthetic beauty' and public safety For purposes of this section indigenous Hawaiian azchitecture includes any of the predominant architectural practices, customs, styles, and techniques historically employed by the native residents of the Hawaiian Islands, including structures comprised of either rock walls or wood frames for the bottom portion of structures and thatch of different native grasses and leaves for the roof. Section Rules. The building official shall adopt rules to further the County policy on indigenous Hawaiian architecture. Section Bill. Within twenty-four months of this division's effective date, the building, official shall submit a proposed bill to the Council to revise this chapter with the pumose of more equitably and efficiently furthering the County policy on indigenous Hawaiian architecture. The proposed bill shall contain rules that specifically identify predominant architectural practices customs, styles and techniques historically employed by the native residents of the Hawaiian Islands and their descendants The rules shall express general approval of such practices customs styles and techniques to the extent that they do not conflict with the Building Code's overall purposes. Section Alternate materials, alternate design and methods of construction. (al The provisions of this code are not intended to prevent the use of any material, alternate design or method of construction not specifically prescribed in this code, including elements based on or inspired by principles of indigenous architecture such as those associated with structures comprised of either rock walls or wood frames for the bottom portion of structures and thatch of different native grasses and leaves for the roof, provided any alternate has been approved and its use authorized by the building official. (b) The building official may approve any such alternate provided the building official has previously granted an exception and the building official finds that the proposed design is satisfactory and complies with the provisions of this code and that the material, method or work offered is for the purpose intended at least the equivalent of that prescribed in this code in suitability strength effectiveness, fire resistance, durability, safety, and sanitation. (c) The following materials are examples of the tv~es of materials that may be considered by the building official if used for the construction or renovation of a structure that is based on or inspired by principles of indigenous architecture: (1) Wood for house timbers (walls): hamau, kauila, lama, nioi, and `ohi'a; and ~2) House thatch and lining material (root): lala`ama`u (fern fronds); lauhulu and lau mai`a (banana leaves) pa`a`a mai`a (banana trunk lavers); pili, maoli, pu`upu`u pueo, kawelu kiolohia `aka `akai uki and lele (grasses and leaves, sedges, bulrushes); lauhala ko'o i'o k'o mu'o hala, pu'awa, pukani, pilila'ele, la'ele, Pala lauhala, pa'ilau'ula and ki (pandanus leatl~ and lau ko lau'o lako and la'o (su arg cane leaves . (d) The building official shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding the use of the alternate. The details of any action granting approval of an alternate shall be recorded and entered in the files of the code enforcement agency. 2 Section HousinE Code exclusion. All indigenous Hawaiian azchitecture structures constructed in accordance with this chapter are not required to comply with requirements in chapter 11, Hawaii County Code, pertaining to the Housing Code. Section Indemnification and responsibility. The property owner shall defend, indemnify and hold harmless the County, its officers and agents, from all claims, demands, suits, actions or proceedings of every name, character and description which may be brought against the County for or on account of any iniuries or damages to any person or property as a consequence of any work done under a permit issued for an indigenous Hawaiian architecture structure." SECTION 3. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material and underscoring need not be included. SECTION 4. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall 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 aze declared to be severable. SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: ~j~~._ COUNCIL MBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm. 657 3