HomeMy WebLinkAboutCOM 0128.105 2010-2012Page 1 of 3
PI Comm
Murashige, Laura
From: EH [electronicrmarme @hotmail.com]
Sent: Tuesday, October 18, 2011 12:05 PM
To: counciltestimony @co.hawaii.hi.us
Subject: Please submit this testimony for 10_19 Council Meeting THANKS !
Attachments: 10_18270WritttenTestimony.pdf
HAWAIIAN'S FOR AFFORDABLE HOUSING
www.hawaiiansforaffordablehousing.org
Box 1113 Mountain View, Hi. 96771
808 - 968 -1203
10 -18 -2011
PLEASE VOTE :
NO on 270 the building code bill in it's current form
YES on communication 128.74 proposed amendments to bill 270
YES on Resolution 167 -11 the sustainable / alternative building code proposal.
Dear Council Members,
Since brevity is the sole of wit and time is short in this testimony I will not go into exhaustive detail in
outlining the shortcomings of bill 270 - they are many. I will only highlight one or two for each of the
main points, but there are dozens of them and that list is available on our website for download should
you desire more detail.
http:// hawaiiansforaffordablehousing.org/hfah/9_29/AmendL angD_10_2_ 1 430.pdf
THE BILL 270 IN ITS CURRENT FORM IS :
WAY OVERDONE AND NOT REFLECTIVE OF LOCAL ENIVIRONMENT AND SITUATION
Do we need an "space- heating systems capable of maintaining a minimum indoor temperature of 68 °F (20 °C) " IBC 2006
reg. 1204.1 Do we need to have a tank of any size - could be an animals water tank needing a permit ? Bill 270 p6 5 -19 -4
Comm. No. / 2.167./17-C
Ref. To Pial CivAiia: 1.
Ref. Dote OCT 1 9 2011
10/18/2011
Page 2 of 3
STRICTER AND MUCH MORE EXPENSIVE THAN NECESSARY
There are at least half a dozen regulations in the code that are stricter than NATIONAL STANDARDS
from the same referenced code. Example the wind -borne debris region is all of Hawaii regardless of
wind speed even if the wind speed is lower than the national level that determines a wind borne debris
region.
GIVES WAY TOO MUCH DISCETION AND UNDEFINED SPECIFIC IMPLEMENTATION
TO THE DEPARTMENT OF PUBLIC WORKS / BUILDING DEPARTMENT
A criminal penalty may be given immediately and directly ( bypassing administrative and civil
remedies) for ANY violation of the building code. P19 5 -61a This could be due to the undefined and
vague "improper maintenance" e.g. chipped paint Bill 270 P16 5- 48 -1 -L.
I have heard from building officials that they want to issue criminal tickets along the model of speeding
tickets. THERE IS A HUGE DIFFERENCE. A speeding ticket is an annoyance, fine, and at worse
usually a loss of a driving privilege; A ticket/ fine/ trial WITHOUT A JURY as allowed on petty
misdemeanors could cause not only huge fines and jail time, but liens and loss of house. THIS IS VERY
SERIOUS especially to our retirees, young people with their starter houses built via the sweat equity and
homestead method, and others of limited resources who can not comply with the EXTREMELY
EXPENSIVE requirements of bill 270. Triple thick, triple expensive glass anyone ?
The criminal provision is excessive and need to be struck.
In addition there is much interpretative room given to the department that allows vague and unclear
interpretation or certainly at the layperson's level trying to comply. Example Wind -borne debris and
hurricane regions and requirements are still far from clear. Want to use Ohia cut from your own lot
instead of importing new wood and wasting what was cut ? I have been told it is possible, but nowhere
in the code for non "indigenous" buildings. How will the layperson know that when planning and trying
to comply ?
HURTS OUR LOCAL AQUA, AGRI, AND HORITICULTURE
The bill is overly strict on permitting and requirements for type U (agriculture and low hazard
buildings). Requiring permitting for any structure over 6' (net about 5'2) in any zoned area. This takes at
least an additional $600 (drawn stamped plans) and 6 weeks ( before the 6 week average permit time) to
even build a 4 x4 x 8 shack to store agricultural tools or feed. That shack will probably end up being
$2,000 more than necessary to build and take 5- 6 months before it is done. Bill 270 p7 #17
10/18/2011
Page 3 of 3
CEDES LOCAL LEGISLATIVE AUTHORITY AND POLICY TO NON ELECTED STATE
COUNCILS ( composed of private parties) AND NON ELECTED BUREACRATS
We all know this bill was dropped on us like something else we can think of — it's primary purpose ( I
strongly believe reading the whole history through of the bill ) was to make it easier and more uniform
to build STATE buildings ( from Oahu — those there used to their codes ) and STATE emergency
structures. The bill itself clearly allows changes to be made at the local level ( more will be detailed at
the meeting). It would make sense as we do not have the same conditions on the Big Island as they do in
Honolulu.
Please keep in mind also that most of the actual regulations and policies have been developed by non
elected councils and departments taking away the right and responsibility of allowing our legislators
ESPECIALLY LOCAL to develop policy and regulations that best server their constituents.
THANK YOU FOR YOUR TIME AND CONSIDERTION.
Ross Armetta
Hawaiians For Affordable Housing and Agriculture
10/18/2011