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Home My WebLink AboutCOM 1413.000 1980-1984r' HERBERT T. MATAYOSHI MAYOR STEPHEN J. MENEZES CORPORATION COUNSEL TELEPHONE NO (808) 961-8251 9TF•OF•HP�. COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 25 AUPUNI STREET HILO, HAWAII 96720 June 28, 1983 Honorable Merle K. Lai Chairwoman, County Council County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Ms. Lai: Re: Ordinance Requiring Handicapped - Accessible Restrooms You have asked two questions regarding a proposed ordinance that would require existing shopping centers of 50,000 square feet or more to provide handicapped -accessible restrooms: (1) whether there are precedents for this kind of retroactive building requirement, and (2) whether the government must assist landowners in making these changes. In answer to your question (1), many municipal ordinances requiring existing buildings to be upgraded to meet new health or safety standards have been enacted and have been upheld by the courts. The most common examples of such ordinances are ordinances requiring minimum plumbing facilities in existing dwellings and, more recently, ordinances requiring the installation of sprinkler systems and improved fire control facilities in existing buildings. Such laws are valid so long as (1) they reasonably tend to promote public health or safety, and (2) the cost of compliance is reasonable compared to the public benefit. Chicago v. Miller, 27 Ill.2d 211, 188 N.E.2d 694, app. dism., 375 U.S. 11 (1963). Honorable Merle K. Lai Page 2 June 28, 1983 To require toilets accessible to the public in public places has been found to promote public health and safety. Greyhound Lines, Inc. -v. City of Chicago, 321 N.E.2d 293, 24 Ill.App.3d F1974). Whether the cost of compliance is reasonable compared to the public benefit gained as a result of the proposed ordinance will depend on the particular facts involved. A general legal answer cannot be given. Hopefully, in the course of your consideration of this bill, affected persons will testify on the benefits and costs associated with imposing this requirement. If the ordinance is enacted, the party challenging its validity will have the burden of proving it unreasonable. A court will usually defer to the judgment of the legislative body that the legislation was a reasonable means of achieving the goal sought. Under Ordinance 728, a shopping center owner would be able to seek a variance from the handicapped -accessible restroom requirement if the requirement would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the building. Hawaii County Code, chapter 15, article 2, section 5. In answer to your question (2), if the ordinance is valid according to the criteria discussed above, then the government need not give compensation or assistance to the private landowner for the cost of compliance. In a related matter, may I suggest that the sentence in the bill reading "All doorways leading to such toilet facilities shall have not less than a 32 -inch door" be changed to "All doorways leading to such toilet facilities have a minimum clear opening of 32 inches." Please contact me if you have any further questions. Very truly yours, CHRISTOPHER J. YJJEN Deputy Corporation Counsel CJY:sw V1 RI I K LAI t, ,d c.,Irr June 7, 1983 COUNTY COUNCIL Count} of Hawaii Hawaii County Building Hilo, Hawaii 96720 TO: Stephen Menezes, Corporation Counsel FROM: Merle K. Lai, Chairwoman Public Works Committee SUBJECT: Ordinance Requiring Handicapped -Accessible Restrooms Councilman Kawahara has submitted the attached bill drafted by your office which establishes a retroactive requirement for handicapped -accessible restrooms in all shopping malls and shopping centers with a total floor space of 50,000 square feet or more. In order to study this bill further, it is requested that your office provide opinions to the following concerns: 1. Is there a precedence in this type of retroactive building requirement? 2. Is government participation required to affect these changes? Att. JajY OF h91y .. it ill ll \ h' 1.A \1A !ilk( I'r��d�rr� cr�t. �l'i VTR KALANI MIT T1 ; Il r (7iairrnan °r'•'_�..�: 'r'. �'� l ; . � C(X1,\TY (1( )1 INN SII, ,I of 11IL-11; C,rim, December 5, 1983 Mr. Harry Weinberg Kaiko'o & Naalehu Shopping Centers The Gutman Realty 373 North Nimitz Highway Honolulu, HI 96817 Attached is a copy of Bill No. 1038, Draft 2, for your review and comment. The Bill proposes to amend the Hawaii County Building Code to require all existing shopping malls and shopping centers with 50,000 square feet or more retail space to provide for toilet facilities for handicapped persons in shopping malls and shopping centers. The County Council is studying this proposal and should this proposal affect your development, please submit your comments on or before January 10, 1984. Stephen K. Yamashiro, Chairman HAWAII COUNTY COUNCIL Att. Merle K. Lai, Chairwoman COMMITTEE ON PUBLIC WORKS Mr. Harry Weinberg Kaiko'o & Naalehu Shopping Centers The Gutman Realty 373 North Nimitz Highway Honolulu, HI 96817 Mr. Tony Taniguchi KTA Super Stores 50E Puainako Street Hilo, HI 96720 Mr. Eijiro Kaneshiro Kinoole Shopping Plaza 1990 Kinoole Street Hilo, HI 96720 General Manager Waiakea Square 136 Kanoelehua Avenue Hilo, HI 96720 Ann Tanaka Waiakea Kai Partnership 932 Ward Avenue Honolulu, HI 96814 McDonald's of Hawaii Development Co. Puainako Shopping Center 1060 Young Street - Suite 308 Honolulu, HI 96814 A. Kekeaula World Square P. O. Box 1446 Kailua-Kona, HI 96740 Mr. Richard Mitchell Parker Ranch Shopping Center P. O. Box 458 Kamuela, HI 96743 Mr. Bill Gipson Kona Coast Shopping Center P. O. Box 2669 Kailua-Kona, HI 96740 Hawaii Management Corporation Keaau Shopping Center 1221 Kapiolani Blvd - Suite 700 Honolulu, HI 96814 Mr. Sherwood R. Kealakekua Ranch P. O. Box 399 Captain Cook, HI H. Greenwell Shopping Center 96704 Mr. Richard Henderson Hilo Shopping Center Realty Investment Co., Ltd. 72 Kekuanaoa Street Hilo, HI 96720 Lanihau Corporation 2828 Paa Street - Room 3170 Honolulu, HI 96819 Mr. Ernest Medeiros Waiakea Plaza Ala Kai Realty 688 Kinoole Street Hilo, Hawaii 96720 HSC, Inc. a wholly-owned subsidiary of P. O. BOX 747 / HILO, HAWAII 96720 / TELEPHONE 961-5255 THE REALTY INVESTMENT COMPANY, LIMITED December 12, 1983 County Council County of Hawaii Hawaii County Building Hilo, HI 96720 Dear Council Members: As Owners of the Hilo Shopping Center, we object to the passage of Bill No. 1038,Draft 2 regarding providing toilet facilities for handicapped persons for the following reason: It is physically impossible for us to comply with. The Hilo Shopping Center was built after the 1960 Tidal Wave and the first increment which houses the public restrooms was corer pleted in 1963. The restrooms are located at the Puna end of the Shopping Center within about 8 feet of the property line. The total electrical system for that increment of the center is located just outside of the restrooms. It is a physical impossibility to remodel the restrooms to conform to the physically disabled facility requirements. If this bill is passed, the Hilo Shopping Center will have one of two options. 1. Erect an 'outhouse" in the middle of our parking lot or 2. Suffer the consequences of a continual violation of the law which consequences are not spelled out in your infor- mation sent to us. If they are too onerous, we would have to close the center. Neither of the above options are satisfactory to us nor do we feel to the people of Hilo. We urge you to amend this bill to make it not retroactive on existing centers. Very truly yours, R. Gregg Hall Manager & Treasurer RGH/dk J/k,vw- rrii�C/ �g� INVESTMENT MANAGEMENT January 10, 1984 Mr. Stephen K. Yamashiro Chairman and Presiding Officer County Council County of Hawaii Hawaii County Building Hilo, Hawaii 96720 Dear Mr. Yamashiro: FOUR EMBARCADERO CENTER SAN FRANCISCO, CALIFORNIA 94111 TELEPHONE (415) 980-1040 I am the manager of the Kona Coast Shopping Center in Kailua-Kona. Thank you for the opportunity to respond to Bill No. 1038, Draft 2, which proposes to amend the Hawaii County Building Code to require all existing shopping malls with excess of 50,000 square feet of retail space to provide for toilet facilities for the handicapped. Because I sincerely agree with the spirit of this proposed amendment, I find it difficult to register objections, but I must. At our shopping center we have restrooms available to the public at our service station. Additionally, there are restrooms available a at Sizzler and at Paniolo Pizza. In my two year tenure at the shopping center, I have not been aware of a single instance in which any person, handicapped or otherwise, has had any difficulty with regard to access to the restrooms. Just a few months ago, on my own initiative, I asked the building inspector to come to our center to see how we could make our existing restrooms conform to the current code regarding handicapped facilities. Unfortunately, I was informed that the existing rooms were too small to conform, thus my current problem. We do not have any existing available space at the shopping center to provide for additional restrooms. So, should this bill become law, we will have to construct such restrooms. In additionn to the considerable cost, our shopping center is built to capacity as is. To build these units, we would be forced to utilize some existing parking space and I'm sure you are aware of how strained our parking situation is currently. Should the inclination of the board be to pass this bill, I wonder if an alternative idea might be considered. If the bill were to require at least one handicapped toilet facility which would be locked and controlled by key, it would be much easier for both of us to achieve our goals with the least amount of difficulty. As there are already segregated restrooms, this idea seems to adequately satisfy the intent of the bill--- providing ease of access for the handicapped. Again, thank you for the opportunity to respond and comment. I respectfully hope you will consider this alternative. Sincerely, Bill : G ips on,_