HomeMy WebLinkAboutCOM 0128.082 2010-2012From: Patricia.T.Ohara @hawaii.gov [ mailto :Patricia.T.Ohara @hawaii.gov]
Sent: Tuesday, November 01, 2011 12:10 PM
To: Dominic Yagong
Cc: Barbara Camarena; Kyle Chang; thiu @honolulu.gov
Subject: Re: Letter to the Hawaii County Council
Good afternoon Chair Yagong,
This is to confirm the position of the State Building Code Council regarding the
extent to which the counties can amend the State Building Code (Code). The Code is
governed by Hawaii Revised Statutes (HRS) chapter 107, part II, and the State Building
Code Council's interpretation of the Code is that the counties are free to amend the Code,
as the Code applies within the respective county, to make the Code, as you put it, "less
stringent." However, any such less stringent county amendment would not apply to
construction projects that are initiated by the State or use state funds.
60 :8 WY Z- AON HOZ
HRS section 107 -25 establishes the Code and states the Code is applicable to all
construction. HRS section 107 -26 then continues to provide that all "state building
construction" must comply with the Code as adopted by the State Building Council. Any
county amendment that is less stringent, or inconsistent with the minimum performance
objectives of the Code, or contrary to the amendment adopted by another county, does
not apply to state building construction. The Code defines "state building construction"
as "any building construction project or program initiated by a state agency or requiring
the use of state funds."
However, HRS section 107 -28 then authorizes the counties to make amendments to
the Code. The Code does not limit the amendments the counties may adopt. The only
prohibition is that the county amendments that are inconsistent, etc. do not apply to state
building construction. Thus, any "less stringent" county amendment would only apply to
non state building construction.
We hope you find this responsive.
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