HomeMy WebLinkAboutCOM 0128.012 2010-2012Murashige, Laura
From:
Sent:
To:
Dominic Yagong [dyagong @co.hawaii.hi.us]
Wednesday, July 20, 2011 1:15 PM
counciltestimony @co.hawaii.hi.us
Subject: FW: Bill 270
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From: Caleb Yamanaka [mailto:lubs2003 @gmail.com]
Sent: Wednesday, July 20, 2011 11:18 AM
To: Yagong, Dominic; Ikeda, Donald; Yoshimoto, J; Onishi, Dennis; Blas, Fred; Smart, Brittany; Ford, Brenda;
Pilago, Angel; Hoffmann, Pete
Cc: Lee, Warren
Subject: Bill 270
Aloha Council Members,
I am writing this letter in regards to Bill 270, and to request that you consider postponing a vote on the Bill for at
least a month so that Stakeholders in Hawaii County affected by this Bill can work with Public Works and craft a
Building code that takes into account the unique nature of our Island.
Below please find the letter as written by my fellow Stakeholder group that has met and discussed in detail the
proposed Bill. From my perspective they raise many valid points that should be considered, but my first and
foremost issue is "what is the cost "? We live on an Island which is and will continue to suffer due to the economic
chaos throughout the world. We have another Bill that is proposing Impact Fee that is and will be considered by
the Council, and in this Bill we find that there are further impact fees proposed. "What is the cost ?"
Hurricane safe rooms and insulation. Are these really necessary? We have a variety of climate zones on this
Island and while some areas would need insulation, other areas may not, but to include in the code that they are
necessary can only raise the cost to build. "What is that cost ?"
Finally, as an aggregate there have been many Bills that are coming forward this session which raises the cost of
doing business and living on this Island (i.e. Plastic Bag ban, Impact Fees, etc.). While they all arguably have
their own merits and sound reasoning for moving forward, I humbly ask that the Council consider as a whole the
decisions being made today which affect the affordability of living and working on our Island home. Adopting a
Building Code which raises the cost of building and then includes impact fees on top of that cost directly affects
that affordability.
Thank you for your time and consideration, as mentioned, below is the letter submitted by a
group of Stakeholders that have been working on coming up with both question, concerns and
suggestion for change in the current code.
Sincerely,
Caleb Yamanaka (R), BIC
Yamanaka Enterprises Inc.
The stakeholders are committed to work with the County Council,
collectively and or individually, The Public Works Committee, The
Public Works director and staff, and the inhabitants of Hawaii Island,
to create a common sense building code with clear and precise
language, written for Hawaii Island, on Hawaii Island, that will
provide for: an affordable building cost, an efficient building
process - permit application to certificate of occupancy, design
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Comm. Alo. /
Ref. To:P evati 1 Cpwe 441
Ref. Date JUL 2 2 21111
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standards for a safe structure, and the lowest energy consumption
possible. That is our criteria.
Why adopt these codes ( these codes are expensive to buy and ship )
written on the mainland ( page 1, Section 5 -3. International Building
Code, 2006 Edition adopted. (IBC), and page 80, Article 5. Adoption of
the International Energy Conservation Code (IECC). and then try to
amend them to apply to Hawaii Island? ( Zone 1 assigned to Hawaii
Island is written for Miami, Florida. Be assured, the climate zone of
Miami has nothing to do with the 13 climate zones on Hawaii Island. )
Page 1, Section 5 -3., (a) and page 2 (b), (c) and pages 21 - 40,
Article 3 and page 40 Article 4 ARE ALL AMENDMENTS TO THE IBC.
Why not write a Hawaii Island Building Code, on Hawaii Island, by the
inhabitants of Hawaii Island, for the inhabitants of Hawaii Island?
An overriding concern of the stakeholders' review was the additional
cost for the building of affordable housing. We humbly request that
before you vote on this Bill 270 that you and all Hawaii Island
inhabitants know specifically by regulation and cumulatively what
that cost will be. A cost analysis and cost benefit analysis must be
done!
The stakeholders have fast tracked a review of Bill 270 following the
first reading on July 7, 2011, with numerous meetings and varied
inputs. Our questions and comments follow and we thank you for the
opportunity to bring this information to you.
STAKEHOLDER QUESTIONS:
1. Why does Bill 270 not have an index? It made review difficult
without an index so we created our own major topic index. The State
of Hawaii "State Building Code" is very similar in length and content
as Bill 270 and it has a 2 page complete index. The other adopted
codes in the Bill also have complete indexes. This is a major
deficiency of Bill 270.
2. Page 1, Section 5 -3. What is the bonafide demonstrated need to
adopt The International Building Code 2006 Edition ( IBC) ? Single
wall and frame homes originated on this Island with the arrival of the
missionaries in the early 1800s. The Lyman house was built in 1839 and
was one of the first wood frame structures built on the Island, and
wood frame homes have been built on the Island to date. And this
building was all done without the 1738 page, $179.00 plus shipping
IBC, that was written with little or no knowledge of the needs of
Hawaii Island. Another option rather than outright adoption of the
IBC, is to adopt it with the language on page 4, Section 5 -12 (3),
(5), ( "shall be deemed only guidelines and not mandatory" ). What
regulations in this IBC code affect building costs and are they
absolutely necessary?
3. Page 12, Section 5 -35. IMPACT FEES. WHY ARE IMPACT FEES IN BILL
270? We were astonished to find Impact Fees included in Bill 270. We
understood that Impact Fees would be properly publicly vetted in Bill
304 to be heard at a future time and date. Section 5 -35. allows
Impact Fees to be promulgated and imposed administratively without
public input or County Counsel review. How much will the impact fee
add to the building costs? Are you going to vote for Bill 270 not
knowing how much it will increase the cost of housing on Hawaii
Island?
4. Pages 46 -62, Appendix U, Hawaii Hurricane Sheltering Provisions
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for New Construction, and Appendix W, Hawaii Wind Design Provisions
for New Constructions. This is a very troubling and building cost
adding section of Bill 270. Is there any bonafide documentation that
these Appendixes should apply to Hawaii Island? For known history,
the past 150 years, no hurricane has struck this island, not one
person has been injured by a hurricane, there has not been one fatal
injury from a hurricane, and there has not been one cent of property
damage from a hurricane. Furthermore the design standards for seismic
design requirements may in fact provide a more wind resistant
structure than the above Appendixes do. Seismic design standards do
not include protection of openings but is there a bonafide
demonstrated need for this? Design standards for seismic ( earthquake
) are justifiably included for a real, bonafide threat exists. What
will be the increase of building costs for these two Appendixes?
5. Pages 80 -86, Article 5. Adoption of the International Energy
Conservation Code. ( IECC) Why are we adopting an energy code
written in Chicago for Climate Zone 1, Miami, Florida and then
devoting 7 pages to amending it? In that space or less we can write
our own HIECC ( Hawaii Island Energy Conservation Code) that would
be specific to the 13 climate zones of Hawaii Island. Where
specifically is the Non - conditioned building exemption? No matter how
much you insulate and provide thermal windows to a non - conditioned
building it will not provide one cent of energy saving, and in fact
may make it less energy efficient, and make it a less desirable
building to live in. That is because Non - conditioned buildings use no
energy for HVAC, Heat, Ventilation, and /or Air Conditioning! If this
is really about energy conservation, a prohibition of all HVAC in
buildings on Hawaii Island would be the ultimate energy conservation.
Importing oil- derived Owens - Corning fiberglass insulation to Hawaii
Island is not energy efficient or sustainable, in fact it is an energy
hog. And most of Hawaii Island inhabitants would not be affected
because they do not have HVAC installed in their homes. What will be
the increase in building costs if the IECC is adopted?
STAKEHOLDER COMMENTS AND RECOMMENDATIONS:
1. Provide a cost analysis and a cost/benefit analysis specifically
by regulation and cumulatively to document the increase of building
cost Bill 270 will cause.
2. Provide a comprehensive index for Bill 270 fashioned after the
State Building Code.
3. Page 1, Section 5 -3. International Building Code adopted. Do not
adopt IBC. See question above. See alternative to outright adoption
above.
4. Page 2, Section 5 -6. Existing structures. How does this section
affect restoring our historic culture plantation single wall homes?
5. Page 8, Section 5 -22. Expiration. Delete 120 day permit
expiration provision. In these tough economic times a family building
a home may need more time. The three year time limit remains.
6. Page 8, Section 5 -25. Construction documents required. Add a
provision; For all plans that meet Hawaii Island Design Standards (
HIDS) an architect/engineer stamp is not required. For plans that
do not meet HIDS the stamp is required.
7. Page 12, Section 5 -35. IMPACT FEES. DELETE this section. See
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discussion in stakeholder questions.
8. Page 13. section 5 -41. Inspection requests. Add; Inspection
requests received by 3:00 pm will be inspected the next day. (
Between 3:OOpm and office closing office staff makes a inspection
route for inspectors) If no time for next day inspection
permittee /requester will be notified inspection will be the next day.
9. Page 19. Section 5 -61. Criminal prosecution. Is this really
necessary? When Section 5 -60, Administrative enforcement., and
section. 5 -62 Injunctive action., are available. Where is the ALOHA?
10. Page 21 -41. Article 3. Installation Requirements. Sections
5- 71,77,78. Amendments to adopted International Building Code. These
sections on pages 21 -41 can be deleted if IBC is not adopted. See
discussion in Stakeholder Questions above.
11. Page 40. Section 5 -76. Amendments to Appendix C; Group U -
Agricultural Buildings.
C101.2. Horticulture buildings. Add; Nonresidential farm /ranch
buildings are exempt from this code. Nonresidential farm /ranch
building means any building that is used for agricultural purposes, is
located on a farm /ranch and is not used as a residential dwelling, and
is located on land that is an integral part of a farm /ranch operation
and is classified as agricultural land.
12. Page 41 -43. Appendix L. Factory-Built Housing. Stakeholders did
not review this Appendix since we did not know if was applicable.
13. Pages 46 -62. Appendix U, HAWAII HURRICANE SHELTERING PROVISIONS
FOR NEW CONSTRUCTION, Appendix W, HAWAII WIND DESIGN PROVISIONS FOR
NEW CONSTRUCTIONS, See discussion under Stakeholder questions. Until
an analysis is done to document a bonafide need for these appendixes,
both should be deleted.
14. Page 63. Appendix X. Indigenous Hawaiian Architecture
Structures. This appendix seems to be well done. Especially pages
68 -79, Section X 401, Design Standards. Good references are listed on
page 63, Section X 101.2. Publications incorporated by reference.
15. Add; Hawaii Island Design Standards for double wall and single
wall R -3 building.
16. Add; Permittee shall be allowed to transfer building permit.
Caleb Yamanaka (R), BIC
Yamanaka Enterprises Inc.
1266 Kamehameha Ave.
Hilo, HI96720
(808) 935 -9766 office
7/20/2011
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(808) 969 -1783 fax
(808)938 -2926 cell
7/20/2011