HomeMy WebLinkAboutREP PWC 225 02/23/1988 1984-1988 _. REPORT OF THE
C0MMITTEE ON PUBLIC WORKS
DATE: February 23 , 1988
PLACE : Councilroom
TIME: 1 : 30 p.m .
Chairman and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Public Works to which was referred Communication
.No . 1450 and its attached Bill No. 474; Bill No. 474 Draft 2; and
Communication 1450 .1 and its attached Bill No . 474 Draft 3 , reports
as follows:
Bill 474 proposes to amend the following sections of the Hawaii
County Code 1983:
1 . Chapter 5 , Article 1 , Section 5-12. 1 , relating to building
permit fees ;
2. Chapter 9 , Article 5 , Section 9-42, relating to electrical
permit fees; and
3 . Chapter 17 , Article 2, section 17-17 , relating to plumbing
permit fees .
The purpose of Bill 474 is to waive permit fees to rebuild or repair
buildings which have been destroyed or damaged by a natural disaster .
Your Committee on Public Works has reviewed Communication
1450 and Bill 474 and understands that Bill 474 would add provisions
to the building code, electrical code and plumbing code that would
help victims of lava flows and of other natural disasters .
Your Committee understands that Bill 474 specifies that in order to
waive permit fees , a state of emergency must be declared by the Mayor
and the permits must be obtained within one year of the disaster .
The only difference between Bill 474 and Bill 474 Draft 2 is that
Draft 2 specifies that the one year starts after the building is
destroyed or damaged by the disaster . Bill 474 also states that an
applicant for a permit fee waiver may be required to verify that
actual damage has occurred .
Your Committee first considered Bill 474 and Bill 474 Draft 2 during
its January 26 , 1988 meeting. The members asked several questions
regarding the purpose, scope and consequences of Bill 474.
The Chief Engineer testified that [to waive a permit fee] in the
past , after each single disaster the Department had to get a separate
declaration [ from the Mayor] and resolution [ from the Council] . He
stated that Bill 474 would expedite the process by incorporating the
fee waiver into the present ordinances so that after a disaster , only
the Mayor ' s declaration would be needed.
PNC REPORT H , 225
PDOFTED : MAR 2 1986
PWC-225 Page 2 February 23 , 1988
In response to a Committee member ' s question of why a one year time
limit was put on the waiver , the Chief Engineer replied that the
limit would give a reasonable control .
Your Committee members raised the following concerns regarding
Bill 474 :
1 . The possibility that a one year time limit might
discriminate against people whose homes were damaged over
a year ago ;
2. The uncertainity over when the one year period would
start ; and
3 . The question of eligibility for a fee waiver of those
people who didn ' t apply for permits for their homes which
have been damaged by disaster .
Your Committee deferred action on Bill 474 and 474 Draft 2 and
referred them to the Corporation Counsel for redrafting to include a
purpose section and to address concerns of the Committee members .
Your Committee reviewed Bill 474 Draft 3 at its February 23, 1988
meeting .
Your Committee is aware that Bill 474 Draft 3 , Section 1 , Legislative
Findings and Purpose , states that the County Council finds that the
incidental costs related to the restoration or rebuilding of
structures damaged or destroyed by natural disasters should not be
borne by the disaster victims and therefore, certain permit fees may
be waived .
Draft 3 also provides that "Persons whose buildings were destroyed or
damaged prior to the enactment of this ordinance must file a notice
before March 1 , 1989. "
A Committee Member asked if a public information program would be
used so that people would know that they could be reimbursed for the
permit fees they had previously paid. The Chief Engineer testified
that the Department knows who the disaster victims are and will
notify them. He also stated that in the past neither he nor the
Building Division Chief nor the Mayor had the power to waive the
permit fee for disaster victims .
Your Committee understands that the bill would help victims of
natural disasters with reconstruction and is in accord with that
intent .
PWC- 225 Page 3 February 23, 1988
Your Committee on Public Works recommends passage of Bill No. 474
Draft 3 on first reading by the County Co nc' l .
Ti�IIW 4.0
ERLE K. LAI, C.'►• RWOMAN
R SSELL S. KOKUB N, VICE CHR. FRANK DE LUZ III, MEMBER
t IZA 7
TAKASHI DOMINGO MEMBER SHERWOOD R. H. GREENWELL, MEMBER
LA/TW