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Home My WebLink AboutCOM 0128.104 2010-2012From Shaun Roth Fax: (809) 324 -60 78 To Hawaii County Council Fax: +1 (808) 961 -8912 Page 1 of 7 10/14/2011 11 :45 P(CO� UPI FAX To: Hawaii County Council Phone Fax Number +1 (808) 961 -8912 NOTE: I �I LL 7C, DZ. 3 Date: 10/14/2011 Pages including cover sheet: 7 From: Shaun Roth Roth Kimura LLP Po Box 624 Holualoa HI 96725 Phone (808) 324 -6078 Fax Number (808) 324 -6078 Comm. No. /Z $• /0 Si Ref. To: Pree *441(4./ Ref. Dote„ t)CT 19 _ __ From Shaun Roth Fax: (808) 324 -6078 To: Hawaii County Council Fax: +1 (808) 961 -8912 Page 2 of 7 10/14/2011 11:45 AlA I-la\vaii Island Section A section of The American Institute of Architects Honolulu Chapter h October 14, 2011 n =a —4 74 I Iawaii County Council -- -,‹ --a 25 Aupuni Street, Suite 209 '=��1t-"(j Hilo, HI %720 w~ m FAX: 808 -961 -8912 to - RE: County of Hawaii Bill 270, Draft #3 — strongly support 000 Bill 270, Comm. 128.40 --- strongly opposed Dear Horn wable Chairman and Council Members; We stranr :lt- urge the Hawaii County Council to reject the amendments to Bill 270 draft 3 contains, ! in Communication 128.40, dated September 21, 2011. Instead, We urge the Council to support Bill 270, Draft #3. The amendments contained in Communication 128.40 will have a detrimental effect on the health safety and welfare of our island's residents and visitors. Our island is in a remote location. In the event of a major natural disaster, help will be slower to arrive than in other jurisdictions. Our island is also subject to greater natural risks than many other jurisdictions. It is not a matter of if an earthquake, tsunami, or hurricane is going to strike but a matter of how often. It would be ill - advised to weaken our code t.vith the language contained in Communication 128.40. Comnutnication 128.40 seeks to remove all criminal penalties from the building code. Criminal penalties are currently part of the County Building Code, and they serve as critical affirmation of the important role that building codes serve to protect the health, safety and welfare of the public. While there may be merit in reducing the penalties imposed ii ,r violations of the code, it would be a disservice to public safety to eliminate 0. Box 624 Holualoa, HI 96725 808 -324 -6073 shaunrothdalum.nut.edu From Shaun Roth Fax: (808) 324 -6078 October 14, 2011 To: Hawaii County Council Fax: +1 (808) 961 -8912 Page 3 of 7 10/14/2011 11:45 County of Hawaii — Bill 270 Page 2 of 2 all penalties as this Communication is suggesting. The penalties are important because there are lives at stake. The development of Bill 270 has taken place over many years with many meetings and reviews at the State and County level, including several public meetings well in advance of the July 22. 20112n1 reading. I Jnderstanding the International Building Code(s) and how to use them, and being conversant in all the variety of building codes, including our currently adopted Codes, requires extensive training and experience. Architects and engineers are licensed by the state of Hawaii as a matter of public safety, and their training and education is extensive. Similarly, the County trains and certifies their building officials because their understanding is a matter of public safety. Arguments have been made that Bill 270, draft #3 is a "Mainland" code. Where matters of health. safety and welfare are concerned, this couldn't be further from the truth. The new code contains more specific wind and earthquake charts than we have ever had before. There is also an extensive appendix to allow the construction of indigenous I Iawaiian structures. Attached to this letter is a line by line summary and comment of Communication 128.40. Please support Bill 270, Draft #3 and reject Communication 128.40. Sincerely, American Institute of Architects, Hawaii Island Section, Executive Committee Shaun Roth. AIA President Terrance Cisco. AIA Treasurer Kari Kimura. ALA Secretary C�' Mayor Keno', Warren Lee - Director DPW, County Clerk P CD Box 624 Holualoa- HI 96725 808 -324 -6073 shaunroth clalum.m't.eclu From: Shaun Roth Fax: (808) 324 -6078 To: Hawaii County Council Fax: +1 (808) 961 -8912 Page 4 of 7 10/14/2011 11:45 AIA Hawaii Island Section - October 14, 2011 Summary and review of amendments proposed in Communication 128.40, September 21, 2011 follows: % ` meindttnettt8 �IlmCommunrcaton }iftt ft t417F +Skt'Sh f£}�fN351 St)1 /S(li... 7)��t i4� {l�trf�tt Nyiir i t r Sttrf�l7i Ftfi fr 7t is ;>�1g1F# �'f� 71) � f{i it f��y! 1 ssi ss 7 ��sibk �Ss (t c fl f t�nF d ,ar9ir i$ ;1 {kya i} yj7( y4i �t � . �h, yf liyi.',,,,. or a ?- S /Jf ' 5 -19. (b) (4) Water tanks or catchments less than 5,000 gallons or with a ratio less than 2:1 would not require a permit. 4,999 gallons of water weighs over 7 tons. If placed on an improper foundation a mass of this magnitude poses a significant safety hazard. Tanks of any size have plumbing and health issues that should not be excluded from review. Against 5 -19. Exceptions: (5) Television and radio equipment of any height accessory to R -1 and R- 3 occupancies does not require a building permit. Zoning, which is in a different chapter of the code regulates height and location of this type of equipment. The building code must regulate the structural integrity of the installation. This amendment allows for the unsafe installation of structurally unsound equipment. Against 5 -19. Exceptions: (14) Above grade prefabricated pools less than 5,000 gallons in R- 3 occupancies would not require a permit. 4,999 gallons of water weighs over 7 tons. If placed on an improper foundation a mass of this magnitude poses a significant safety hazard. In addition to structural considerations the unamended building code requires a barrier around pools to protect children from drowning and includes energy conservation provisions. These are well accepted health safety and welfare safeguards. Against Page 1 of 4 From Shaun Roth Fax: (808) 324 -6078 AIA Hawaii Island Section - October 14, 2011 To: Hawaii County Council Fax: +1 (808) 961 -8912 Page 5 of 7 10/14/2011 11:45 F1 r {i''rM i�it , • ki do } 7� itat,��rY �a 11�."1 s4'Pf10,• rfr ;'Fps t{(t� - yf JQ`4S 11 a f t {a tz ((! 71 yfg Sh }S4 t S! 1 �i c {N S� � £'�. ��5' y,tf�4 f. £ f� fh 4'�'Fk � >S� /SS }fli�tl✓�SY�4 �"ih�.�d {�S55 4 €S E f 5 � 5 "} }� i'. }3}SSjS {'}1k f a1l {tl 5 -19. Exceptions: (17) 600 square foot, 14 foot high accessory buildings in agricultural land and 200 square foot, 14 foot high accessory buildings in all other zones will not require a building permit. In the unamended code language height of unpermitted detached accessory buildings is 6' -0 ". This low height discourages future habitation of the structures and poses less risk than taller structures. The exception for detached decks or platforms less than 30" in height has been moved to this section. Against 5 -19. Exceptions: (18) Type U agricultural buildings up to 1000 square feet will not require a building permit. Eliminates other exceptions. This amendment eliminates the exception for equipment or tool storage, animal shelters, playhouses, etc. while granting an exception to agricultural buildings with an allowable size that could pose a significant safety hazard if built incorrectly. Against 5 -19. Exceptions: (21) Water tanks supported directly on grade less than 5,000 gallons or with a ratio less than 2:1 would not require a permit. 4,999 gallons of water weighs over 7 tons. If placed on an improper foundation a mass of this magnitude poses a significant safety hazard. Tanks of any size have plumbing and health issues that should not be excluded from review. Against 5 -19. Exceptions: (23) Site work, including but not limited to, sidewalks, curbs, parking lots, planter boxes will not require a building permit. Is this in conflict with Section 5 -19 (b) (3) ? Against Page 2 of 4 From Shaun Roth Fax: (808) 324 -6078 AIA Hawaii Island Section - October 14, 2011 To: Hawaii County Council Fax: +1 (808) 961 -8912 Page 6 of 7 10/14/2011 11:45 Page 3 of 4 - s Summary cif .. Amendments in Communication 128.40 j,t rl,tsrsi�}ru,Vgt,� f5 "j) ,+rhrsp��fi, S !� t faret`z t{f �'� int 7k �tf'��9�ii �" 1 kUf ��4"S`��$nt i4 �Jt�7 �4 �17�7�! )f Sit( �'{ }{5 <i (h/ �t` Txkfiru £ thtj 1 fr i7rf a{ c�tt r{ 'r w�Js'1,a =tit{ s, ',, f) /, x`n" ,r r �r �s�, t) /i r: Or or +!iainst ✓ 5 -19. Exceptions: (24) A building permit is not required for electrical, plumbing and mechanical equipment. There are many cases where they County should review the proposed equipment installation both for installation safety and energy code compliance. Against 5 -19. Exceptions: (25) Platforms, walks, and driveways not more than 30 inches above grade and not over any basement or story below will not require a building permit. Is this in conflict with Section 5 -19 (b) (3) ? It is also redundant with Section 5 -19 Exceptions (18) in Bill 70 draft 3 or Section 5 -19 Exceptions (17) in Communication 128.40 but allows these items to be attached and unpermitted. This is potentially an earthquake safety issue. Against Section 5 -22. (c) Owner- builder permits expire after 5 years and may be suspended and recommenced indefinitely. This is loophole to allow an owner - builder to never finish a project. Against Section 5 -61. Criminal prosecution section is eliminated in it's entirety. The current county code has a criminal prosecution section which is nearly identical to the section proposed in Bill 270, draft 3. Bill 270 draft 3 has some updated language and changes the one year max. imprisonment time to 30 days. A law without penalty for violation might as well not exist. Against Section 5 -76. C101.2 All nonresidential farm /ranch buildings on agricultural land will e> empt from the code. Bill 270 draft 3 is very specific about what type of horticulture buildings are to be exempted. They are typically shade structures which are very light weight and pose a minimal hazard during an earthquake or high wind event. The proposed amendment would include all buildings regardless of size or construction. This would allow for extremely unsafe structures. Against Page 3 of 4 From Shaun Roth Fax: (808) 324 -6078 AIA Hawaii Island Section - October 14, 2011 To: Hawaii County Council Fax: +1 (808) 961 -8912 Page 7 of 7 10/14/2011 11:45 Tt{ 1. 1 �M;yl tk., t {f 4 hh r{ is : {h)�1� l jfr 4f +/d e�11�Yyth rS,tif7 y {N Ali U 1 h1i1E /§ i a.. f6 i'tgitff* fir' +`: �+iTt'.1 }ti�if 7pZt�,t�+ttQi: r i s E 'f�t gt 6� rrt ` t /1Kt� ff ld ttx tsbt g _ � � jy)�� }� � ��} i,�t e Section 1609.1.2 Section 1609.1.2.1 Open and enclosed buildings shall be permitted to be unprotected. R -3 buildings may include a residential safe room. This amendment substantially weakens health safety and welfare provisions. Against Section 5 -84 Non - conditioned R -3 structures are exempted from the IECC 2006. Non - conditioned structures are already exempted from the thermal envelope provisions of the IECC in Bill 270 draft 3. This amendment unnecessarily exempts R -3 structures from the Certificate and Systems sections of the IECC. Homebuyers need to know that they may be getting an uninsulated building. The systems section addresses required insulation on hot water recirculation systems. Against Page 4 of 4