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Home My WebLink AboutBIL 385 Draft 01 2006-2008COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. ss5 AN ORDINANCE AMENDING CHAPTER 5, ARTICLE 2 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO BUILDING ENERGY ' EFFICIENCY STANDARDS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this ordinance is to repeal divisions 1-14 of chapter 5, article 2 of the Hawaii County Code and replace those provisions with the contents of the 2006 International Energy Conservation Code, March 2007 Edition, as amended. This action will enable the County to meet national and international energy standards, ensure that our residential and commercial buildings are not only safe but also energy efficient, and move the county towards the energy-efficiency goals established by the Sustainability 2050 Task Force. Division 15 of article 2, chapter 5, relates to indigenous architecture as adopted by Ordinance No. 07-164, and shall be retained as a separate article, as set out in Section 4 of this ordinance. SECTION 2. Chapter 5, article 2, Hawaii County Code 1983 (2005 Edition, as amended), is hereby repealed in its entirety. SECTION 3. Chapter 5, article 2, Hawaii County Code 1983 (2005 Edition, as amended), is hereby replaced with the contents of the "2006 International Energy Conservation Code", March 2007 Edition, published by the INTERNATIONAL CODE COiJNCIL, INC., Publications, 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795, and further amended to read as follows: ' "Article 2. Adoption of the International Enerey Conservation Code, 2006 Edition. Section 5-2.1.1. Adoption of the International Enerev Conservation Code. (a) The "2006 International Ener~y Conservation Code", March 2007 Edition, published by the INTERNATIONAL CODE COUNCIL, INC., Publications, 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795 and amendments as set out in section 3(a~ is adopted by reference and made a part of this chapter, subject to the amendments in this article. (b) Copies of the 2006 International Energy Conservation Code, March 2007 Edition, and amendments thereto shall be available at the department of public works and the office of the county clerk. Section 5-2.1.2. Amendine section 101.1. Section 101.1 is amended by amending the first paragraph to read as follows: Section 101.1 Title. This code shall be known as the International Energy Conservation Code of the County of Hawaii, and shall be cited as such. It is referred to herein as "this code"." SECTION 4. Chapter 5, Hawaii County Code 1983 (2005 Edition, as amended) is amended by adding an article to read as follows: "Article 3. Indieenous Architecture. Section 5-3.1 Policy. This code shall be administered with due consideration given to the Count policy that indigenous Hawaiian architecture furthers the Coun 's compelling interests in cultural, environmental, and historic preservation; energy efficiency; economic development; aesthetic beauty; and public safety. For purnoses of this section, indigenous Hawaiian architecture includes.anv 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 5-3.2 Rules. The building official shall adopt rules to further the County policy on indi eg nous Hawaiian architecture. Section 5-3.3 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 purpose of more equitably and efficiently furthering the Count~policv on indigenous Hawaiian architecture. The proposed bill shall contain rules that specifically identifypredominant 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 5-3.4. Alternate materials, alternate design and methods of construction. (a) 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 byprinciples 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 ma~pprove any such alternate, provided the building official has previouslygranted 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, durabilit~~and sanitation. the building official, if used for the construction or renovation of a structure that is based on or inspired b~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 layers); 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 leafl; 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 re arding 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 a enc~ Section 5-3.5. 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 housin cg ode. Section 5-3.6. Indemnification and resnonsibili 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 Hermit issued for an indigenous Hawaiian architecture structure." SECTION 5. Nothing in this ordinance or in the Energy Conservation Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance. SECTION 6. New material is underscored. In printing this ordinance, underscoring need not be included. SECTION 7. 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 that can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 8. This ordinance shall take effect one year after its approval. Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCFa Gorton. 1514