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HomeMy WebLinkAboutCOM 0128.132 2010-2012William P. Kenoi Mayor William T. Takaba Managing Director January 20, 2012 count of Patuail DEPARTMENT OF PUBLIC WORKS Aupuni Center 101 Pauahi Street, Suite 7 • Hilo, Hawaii 96720 -4224 (808) 961 -8321 • Fax (808) 961 -8630 www.co.hawaii.hi.us Honorable Dominic Yagong, Chairman And Members of the County Council Hawai'i County Council 25 Aupuni Street Hilo, Hawai'i 96720 RE: Bill 270, Draft 6 - Comments from the Department of Public Works Warren H. W. Lee Director Brandon A. K. Gonzalez Deputy Director c N.) CD N wo The Department of Public Works respectfully submits the following comments and input regarding Bill 270, Draft 6. Building Codes Exist for the Protection of the Public Health, Safety, and Welfare The primary purpose of the building code is to safeguard the life, limb, health, property and welfare of the public. To achieve that primary purpose, building codes: 1) establish a minimum acceptable standard of construction and design; and also regulate 2) the use of structures; 3) how many people may safely occupy the space within a structure; 4) whether adequate spacing between structures (on the same or adjacent properties) exist. Therefore, the building code is generally comprised of administrative provisions and technical provisions. II. Administrative Provisions Provide a General Framework and Address Concerns /Issues Regulated by the Government The administrative provisions describe the process for building within the County. The building permit is the tool utilized to ensure that the minimum acceptable standard of construction and design is being followed. Additionally, the building permit is not just a permit for a structure but is really a permit to build. Our building code incorporates the requirements of additional departments into the building permit approval process (i.e. Fire or Planning, which do not have their own permit review process). Requiring a building permit is the preferred approach to identify potential issues early in the process of "building" to minimize conflict/non- compliance enforcement at the back end of the process. For example, building permit review may mitigate neighbor disputes regarding building within a setback or changing the drainage pattern within a subdivision. Building permit review may also identify inadequate space or fire separation that may affect fire service response or the safety of an entire neighborhood. The building code and building permit ensures that issues regarding setback, zoning, soil erosion, flooding, constructing on abandoned cesspools or septic tanks, are addressed before more costly adjustments County of Hawaii is an Equal Opportunity Provider and Employer. Comm. No. /2--g• �3Y Ref. To: Pri"eOP* 2012 Ref. Date JAN 2 9 / January 20, 2012 PAGE 2 after construction commences are needed. Exceptions to the building permit requirement need to be based on well articulated, reasonable, and rational necessity. If contemplated, exceptions should be carefully crafted to avoid undermining the purpose of the building code. III. Technical Provisions Establish Minimum Acceptable Construction and Design Standards and are Based Upon Extensive Technical Studies and Analysis by Industry Professionals The data used to establish the wind speed standards for Hawai'i are based on independent research commissioned by the Hawaii Hurricane Relief Fund Board (Applied Research Associates, 2001) and by the NASA Office of Earth Science (Peterka & Banks, 2002).1 The wind speed standards were developed by technical committees that had a balanced participation of practicing engineers, building officials, construction industry representatives, and researchers. As explained by the Structural Engineers Association of Hawaii, the national model codes (such as the IBC) adopted accredited national standards like ASCE7 because the "detailed technical provisions [were] developed in a non - political environment and subject to peer review by those with nationally recognized expertise." Amending technical provisions or sections that are relevant to technical provisions of the building code is not recommended. For example, deleting the words "or Hawaii" from the definition of Wind - Borne Debris Region not only undermines the purpose of the code but is also a deductive fallacy.2 The entire State of Hawai'i is a chain of islands, that lacks adequate land mass to dissipate the energy of a hurricane like the continental United States. Due to the lack of land mass the island of Hawaii does not have to suffer a direct hit to be affected by high winds. Hawaii's inclusion within the definition is in the best interests of the public health, safety, and welfare. IV. Conclusion Lowering the standard for construction and design below the acceptable minimum standard poses a risk to the public. Additionally, the building code ensures that one person's use of their property does not infringe upon the rights of another person's enjoyment. Any amendments or revisions contemplated should not be inconsistent with the purpose of the building code. Thank you for your time and consideration. If you have any questions, please feel free to contact me at (808) 961 -8321. Sincerely, L8u Warren H.W. Lee, P.E. Director 1 , These Hawai'i hazard curves for wind speeds and their directional probabilities due to tropical cyclones were established by state of the art simulations using techniques accepted by the American Society of Civil Engineers Wind Load Committee for tropical regions. The analysis parameters also included the historical frequency of El Nino and La Nina episodes of ocean temperatures. Subsequently, research commissioned by FEMA, NOAA, and the State of Hawai'i Office of Planning, conducted by Martin & Chock, analyzed the topographic effects of mountainous terrain on wind speed and incorporated these effects into peer- reviewed wind maps that were then adopted into the Hawai'i State Building Code. This work was recognized as a primary reference for Hawaii wind speeds by the American Society of Civil Engineers Standard for Minimum Design Loads for Buildings and Other Structures, and it was awarded the ASCE Hawai'i Chapter Outstanding Civil Engineering Achievement of 2010 and well as the 2010 Civil Engineering Achievement Honor Award from ASCE Region 8 (representing the western USA). These maps are also utilized in the FEMA- approved multi- hazard mitigation plans for the counties and the state. 2 Bill 270 (Draft 6, page 56), Appendix W, section W101.4.1 amending section 1609.2. County of Hawai' i is an Equal Opportunity Provider and Employer.