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Home My WebLink AboutORD 2007-164 2006-2008 ~tV O~ y COUNTY OF HAWAII STATE OF HAWAII ~~O~~M~~ BILL NO. 173 ORDINANCE NO. 164 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 HAWAII: SECTION 1. Findings and purpose. The Council finds that architecture is one of the most important means of cultural expression for people. Traditional Hawaiian azchitecture, which may be accurately described as "indigenous architecture" 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, particulazly in the Southwest, have amended their building codes to support their native peoples' architectural 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, environmental and historic preservation• enerev efficiency' economic development; aesthetic beauty' and public safety For purposes of this section indigenous Hawaiian architecture includes any of the predominant architectural practices, customs, styles, and techniques historically employed by the native residents of the Hawaiian Islands, includine structures comprised of either rock walls or wood frames for the bottom portion of structures and thatch of different native Brasses 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 buildine 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 specificall~dentifv 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 pumoses. Section Alternate materials alternate design and methods of construction. ia) 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, mcludmg 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 buildine 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 types 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 (roof)' 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 leaf)' and lau ko lau'o lako, and la'o (sugarcane 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 grantingapproval of an alternate shall be recorded and entered in the files of the code enforcement a eg ncy. 2 Section Housing Code exclusion. All indigenous Hawaiian architecture 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 a¢ents from all claims demands suits actions or proceedings of every name, chazacter 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: y,~:_ COUNCIL MBER, COUNTY OF HAWAII Kona , Hawaii Date of Introduction: October 3, 2007 Date of 1st Reading: October 3, 2007 Date of 2nd Reading: October 17, 2007 Effective Date: November 2, 2007 REFERENCE: Comm. 657 3 OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii Introduced By: Emily Naeole ROLL CALL VQTE Date Introduced: October 3, 2007 .i i ~ A1~ES ~ 'NOES ABS EX First Reading: October 3, 2007 Ford X Published: N/A Higa X Hoffrnann X REMARKS: Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 8 0 1 0 Second Reading: October 17, 2007 To Mayor: October 25, 2007 ROLL CALL VOTE Returned: November 2 2007 AYES NOES ABS EX Effective: Nnvamhar 2. 2007 Ford X Published: November 13, 2007 Higa X Hoffmann X REMARKS: Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: COUNTY 0~~~ COUNC N" ATION COUNSEL WAIT COUNT CL.~/RK Date ~ ~ 173 Bill No.: C-657/PWIRC-35 ar~- drry Reference: pprov Disapproved[his SS^ Ord No.: '2 of rJ t,/ , 20 ~ ~ OR, COU TY FHAGVAI`I