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Home My WebLink AboutORD 2018-015 2016-2018 :� COUNTY OF HAWAII ;_ ,_,Y , STATE OF HAWAII BILL NO. 91 (DRAFT 2) ORDINANCE NO. 18 15 AN ORDINANCE AMENDING CHAPTER 26, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION,AS AMENDED), RELATING TO THE FIRE BOARD OF APPEALS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of the ordinance is to reestablish the fire board of appeals as required by subsection 132-6(f), Hawai`i Revised Statutes. SECTION 2. Chapter 26, of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended by adding a new article 3 to read as follows: "Article 3. Fire board of appeals. Section 26-3-1. Definitions. Whenever used in this article, unless the context otherwise requires: "Board"means the fire board of appeals. "County fire code"means chapter 26, article 1, of this Code. "Fire chief'means the chief of the Hawai`i fire department or the chief's designated representative. "Fireworks code"means chapter 26, article 2, of this Code. Section 26-3-2. Fire board of appeals established; appointment; qualifications. (a) There shall be a fire board of appeals consisting of five members who shall be appointed by the mayor and confirmed by the council in the manner prescribed by section 13-4 of the Charter. Three voting members of the board shall constitute a quorum. (b) Upon the initial appointment of members pursuant to this division, one shall be appointed for a term of one year, two for terms of two years, and two for terms of three years. Thereafter, board members shall serve three year terms pursuant to this section. (c) Members shall be residents of the County of Hawai`i who possess education, experience, and knowledge in one or more of the following fields or professions: I (1) Engineering or architectural design; (2) General contracting; (3) Fire protection contracting; (4) Fire department operations or fire code enforcement; (5) Building code enforcement; or (6) Legal. (d) Members shall not be employees, agents, or officers of the County. Section 26-3-3. Powers; duties; functions. (a) The fire board of appeals shall hear and issue rulings on appeals from final decisions of the fire chief relating to article 1, the County fire code and article 2, the fireworks code. (b) Rulings of the board shall interpret and be consistent with the County fire code and the fireworks code. In the event that any provision of the code is found to be ambiguous, the board shall interpret the intent of the code in a manner that affords due consideration for the safety of the public and firefighters. (c) The board may grant alternatives or modifications to the provisions or requirements of the County fire code and the fireworks code,provided the following requirements are met: (1) Equivalencies. Systems, methods, or devices of equivalent or superior quality, strength, fire resistance, effectiveness, durability, and safety to those prescribed by the County fire code and the fireworks code, may be allowed, provided technical documentation is submitted to the fire chief that demonstrates equivalency and that the system, method, or device is approved for the intended purpose. (2) Alternatives. The requirements of the County fire code and fireworks code may be altered by the fire chief to allow alternative methods that secure equivalent fire safety. In no case shall the alternative afford less fire safety than, in the judgement of the fire chief, would be provided by compliance with the provisions contained in the County fire code and fireworks code. (3) Modifications. The requirements of the County fire code and fireworks code may be modified by the fire chief upon application in writing by the owner, a lessee, or a duly authorized representative where there are practical difficulties in carrying out the provisions of the County fire code or fireworks code, provided that the intent of the Code is complied with, public safety secured, and substantial justice done. (d) The board may not waive the requirements of the County fire code or the fireworks code. (e) Board decisions shall not be precedent setting. (f) The board may adopt rules for the conduct of its business that are consistent with the County fire code and the fireworks code. Section 26-3-4. Appeals. (a) Any person directly affected by a decision of the fire chief relating to the administration of the County fire code or the fireworks code shall have standing to file an appeal of such 2 decision with the fire board of appeals when it is asserted that one or more of the following conditions exists: (1) The true intent of the County fire code or fireworks code has been incorrectly interpreted; (2) The provisions of the County fire code or fireworks code do not fully apply; or (3) A decision was unreasonable or arbitrary when applied to alternatives or new materials. (b) An appeal shall be submitted to the fire chief in writing within thirty calendar days of the notification of violation. The appeal shall outline all of the following: (1) The County fire code or fireworks code provision or provisions from which relief is sought; (2) A statement indicating which provisions of subsection (a) apply; (3) Justification indicating why the provision of subsection (a) applies; (4) A requested remedy; and (5) Justification stating specifically how the requested remedy complies with the County fire code or fireworks code, secures public safety, and secures fire fighter safety. (c) Documentation supporting an appeal shall be submitted to the fire chief at least seven calendar days prior to the fire board of appeals hearing on the matter. Section 26-3-5. Meetings. (a) The board shall select one of its members to serve as chairperson and one member to serve as vice chairperson. (b) Meetings of the board shall be held at the call of the chairperson, at other times the board determines necessary, and within thirty calendar days of the filing of a notice of appeal. (c) All hearings before the board shall be conducted pursuant to chapter 92, Hawai`i Revised Statutes, relating to public agency meetings and records. Section 26-3-6. Records. (a) The board shall keep minutes of its proceedings. These minutes shall include every decision of the board and the vote of each member. A member's absence or failure to vote on a question shall also be recorded in the minutes. (b) The board shall keep records of its examinations and other official actions. (c) Minutes and records of the board shall be public records, pursuant to chapter 92, Hawai`i Revised Statutes. Section 26-3-7. Decisions. (a) To vary the application of any provision of the County fire code or fireworks code, or modify an order of the fire chief made pursuant to these codes, at least three affirmative votes shall be required. 3 (b) Decisions of the board to modify an order of the fire chief shall: (1) Be in writing; and (2) Specify the manner in which such modification is made, the conditions upon which it is made, the reasons therefore, and justification for the modification linked to specific code sections. (c) Every decision of the board shall be timely filed in the fire chief's office and be open to public inspection,pursuant to chapter 92, Hawai`i Revised Statutes. (d) A certified copy of a decision of the board shall be sent by mail or delivered in person to the appellant and a copy shall be publicly posted in the office of the fire chief for two weeks after filing. (e) A decision of the fire board of appeals shall be final. A party may obtain judicial review of the fire board of appeals final decision in the manner set forth in section 91-14, Hawai`i Revised Statutes. (f) If a decision of the board reverses or modifies a refusal, order, or disallowance of the fire chief, or varies the application of any provision of the County fire code or fireworks code, the fire chief shall take action promptly in accordance with such decision. (g) No member of the board shall sit in judgment on any case in which the member holds a direct or indirect property or financial interest in the case." SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 4. This ordinance shall take effect upon approval. INTRODUCED BY: IPAr COUNCIL MEMBER, COUNTY OF HAWAI`I Kona , Hawai`i Date of Introduction: February 7, 2018 Date of 1st Reading: February 7, 2018 Date of 2nd Reading: February 21, 2018 Effective Date: March 6, 2018 REFERENCE Comm. 684.2 4 COUr TY Rii OFFICE OF THE COUNTY CLERK COUNTY OF County of Hawai`i Kona,.Hawai`i 20I8 j4 -6 PM 17: 2 3 (Draft 2) Introduced By: Valerie T. Poindexter (B/R) ROLL CALL VOTE Date Introduced: February 7, 2018 AYES NOES ABS EX First Reading: February 7, 2018 Chung X Published: February 17, 2018 David X Eoff X REMARKS. Kanuha X Lee Loy X O'Hara X Poindexter X Richards X' Ruggles X Second Reading: February 21, 2018 9 0 0 0 To Mayor: March 1, 2018 Returned: March 6, 2018 ROLL CALL VOTE Effective: March 6, 2018 AYES NOES ABS EX Published: March 17, 2018 Chung X David X REMARKS' Eoff X Kanuha X Lee Loy X O'Hara X Poindexter X Richards X Ruggles X 8 0 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. COUP. CHAP 'E'SON 4 prove)isapproved this day of March , 20 tt IOU Y CLE' Bill No.: 91 (Draft 2) MAYOR, COUNTY FHAWAI`I C-684 . 2/PSMTC-3 Reference: Ord No.: 18 15