HomeMy WebLinkAbout2023-02-10 Ex. 01 - DPW's Final Decision and Order Katherine Y. Luga
From: Wilson, Kelly <Kelly.Wilson@hawaiicounty.gov>
Sent: Friday,January 13, 2023 4:41 PM
To: Steven S.C. Lim
Cc: Katherine Y. Luga; Fitzgerald, Joel; ioprocessinginc@gmail.com; SalasFerguson, Sinclair;
Pause, Stephen (Steve); Kekai, Malia; Ian R. Wesley-Smith
Subject: RE: I'o Processing -declaration of compliance for ag structures
CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Yes,the definition is per HCC section 5-1-5 .
Application for building Permit is required.
ALOHA,
KELLY WILSON - DEPUTY BUILDING CHIEF
COUNTY OF DEPARTMENT OF PUBLIC WORKS
HAWAII BUILDING DIVISION
From: Steven S.C. Lim <slim@carlsmith.com>
Sent: Friday,January 13, 2023 2:16 PM
To: Wilson, Kelly<Kelly.Wilson@hawaiicounty.gov>
Cc: Katherine Y. Luga <kluga@carlsmith.com>; Fitzgerald,Joel<Joel.Fitzgerald@ hawaiicounty.gov>;
ioprocessinginc@gmail.com; SalasFerguson, Sinclair<Sinclair.Salas Ferguson@hawaiicounty.gov>; Pause, Stephen (Steve)
<Steve.Pause@hawaiicounty.gov>; Kekai, Malia <malia.kekai@hawaiicounty.gov>; Ian R. Wesley-Smith <iwesley-
smith@carlsmith.com>
Subject: Re: I'o Processing-declaration of compliance for ag structures
Kelly: Should we consider your response below the DPW's "final decision and order"for purposes of our client's
appeal?
Sent from my iPhone
On Jan 13, 2023, at 12:25, Wilson, Kelly<Kelly.Wi[son@hawaiicounty.gov>wrote:
CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
"Building" means any structure used or intended for supporting or sheltering any use or occupancy.The
term shall include but not be limited to, any structure mounted on wheels such as a trailer, wagon, or
1
EXHIBIT 1
vehicle which is parked and stationary for any 24- hour period, and is used for business or living
purposes; provided, however,that the term shall not include a push cart or push wagon which is readily
movable and which does not exceed 25 square feet in area, nor shall the term include a trailer or
vehicle, used exclusively for the purpose of selling any commercial product therefrom, which hold a
vehicle license and actually travels on public or private streets.
They meet the definition of a Building.
ALOHA,
KELLY WILSON—DEPUTY BUILDING CHIEF
COUNTY OF DEPARTMENT OF PUBLIC WORKS
HAWAII BUILDING DIVISION
From: Katherine Y. Luga <kluga@carlsmith.com>
Sent: Friday,January 13, 2023 12:04 PM
To: Fitzgerald,Joel <Joel.Fitzgerald@hawaiicounty.gov>; ioprocessinginc@gmail.com
Cc:Steven S.C. Lim <slim@carlsmith.com>; SalasFerguson, Sinclair
<Sinclair.Salas Ferguson@hawaiicounty.gov>; Pause, Stephen (Steve) <Steve.Pause@hawaiicounty.gov>;
Kekai, Malia<malia.kekai@hawaiicounty.gov>; Wilson, Kelly<Kelly.Wilson@hawaiicounty.gov>; Ian R.
Wesley-Smith <iwesley-smith@carlsmith.com>
Subject: RE: I'o Processing- declaration of compliance for ag structures
Hi Joel,
Please send us a formal denial letter or letters for all 6 Declarations,to include an explanation of the
Director's rationale for denial for each Declaration.
From: Fitzgerald, Joel [mailto:Joel.Fitzgerald@hawaiicounty.gov]
Sent: Friday, January 13, 2023 10:43 AM
To: ioprocessinginc@gmail.com; Katherine Y. Luga
Cc: Steven S.C. Lim; SalasFerguson, Sinclair; Pause, Stephen (Steve); Kekai, Malia; Wilson, Kelly
Subject: RE: I'o Processing - declaration of compliance for ag structures
CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Aloha Ms. Kanda & Ms. Luga:
I was able to have a discussion with my supervisors and unfortunately these structures do not qualify to
utilize the HRS 46-88 exemption. You will need to pursue traditional permitting
(Building/Electrical/Plumbing)for these Non-Residential structure(s), all structures identified. At this
time I would also like to inform you that we do not currently permit mobile structures; I was unable to
determine from the provided Declaration applications if these modules in fact do have permanent/fixed
foundations as would be required for permitting.
2
Due to the nature of the work,there are a number of County and State departments, such as Planning,
Wastewater and Sanitation/Food Safety among others,that are only available to us for review purposes
through the traditional permitting path.
For those structures with permanent/fixed foundations, the permit type you will need through our EPIC
application system:
<image001.jpg>
Link: https://hawaiicountyhi-
energovpub.tylerhost.net/Apps/SelfService#/applicationAssistant?sectionName=All&moduleld=2&categ
oryName=Building%20(Non-Residential)&showTemplates=faIse
Mahalo!
Joel Fitzgerald
Building Plans Examiner
County of Hawaii
Department of Public Works-Building
Ph: (808)961-8488
ATTN APPLICANTS AND DESIGN PROFESSIONALS:WHILE EXCHANGING EMAIL COMMUNICATIONS WITH REVIEWERS,PLEASE DO NOT
ATTACH PLAN SHEETS OR SETS TO EMAILS;ALL REVIEWS ARE TO BE PERFORMED EXCLUSIVELY THROUGH THE ONLINE EPIC
APPLICATION/PERMITTING SYSTEM.
<IMAGE002.JPG>
From: Katherine Y. Luga <kluga@carlsmith.com>
Sent:Thursday,January 12, 2023 9:42 AM
To: Fitzgerald,Joel <Joel.Fitzgerald@hawaiicountV.gov>
Cc: Steven S.C. Lim <slim@carlsmith.com>; SalasFerguson, Sinclair
<Sinclair.SalasFerguson@hawaiicountV.gov>; Pause, Stephen (Steve) <Steve.Pause@hawaiicountV.gov>;
Kekai, Malia <malia.kekai@hawaiicountV.gov>
Subject: RE: I'o Processing-declaration of compliance for ag structures
Hi Joel,
We are following up on our request below. Thank you.
From: Katherine Y. Luga
Sent: Wednesday, January 11, 2023 1:20 PM
To: 'joel.fitzgerald@hawaiicounty.gov'
Cc: Steven S.C. Lim; SalasFerguson, Sinclair; Pause, Stephen (Steve); Kekai, Malia
Subject: FW: I'o Processing - declaration of compliance for ag structures
Hi Joel,
We filed the attached 5 Declarations on 12/30/22, which DPW Engineering signed-off on the same day
(12/30/22) and transmitted to you for DPW Building review/approval. In addition, DPW Engineering
signed off on 12/22/22, the attached Declaration for the mobile modular cut and wrap unit.
We understand that Declarations are reviewed and approved by DPW Engineering and Building within a
one-day turn-around.
Therefore, we do not understand why the 6 pending Declarations for I'o Processing are not afforded the
same one-day review period. Please explain the reason why I'o Processing is waiting 20 days and 12
days, respectively, when other Declarations (as were the case with the attached Kona Kai and Horn
3
Declarations) have been approved after I'o Processing submitted its Declarations on 12/22/22 and
12/30/22.
In addition, we do not see how DPW's current "revising policies and procedures regarding the
declarations and I have a few issues I require department acknowledgement/clarification", is halting
DPW's review of the I'o Processing 6 Declarations when HRS Section 46-88 has not been amended.
This will respectfully request that DPW Building review and act on the attached 6 pending Declarations
by the close of business today. Thank you for your assistance.
From: Fitzgerald, Joel [ma ilto:Joel.Fitzgerald @hawaiicounty.gov]
Sent: Monday, January 9, 2023 1:18 PM
To: Katherine Y. Luga
Cc: Steven S.C. Lim; DeMello, Melanie; Harada, Bryce
Subject: RE: I'o Processing - declaration of compliance for ag structures
CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Aloha Ms. Luga:
Please allow I to 2 months for response. We are currently revising policies and procedures regarding
the declarations and I have a few issues I require department acknowledgement/clarification.
Mahalo!
Joel Fitzgerald
Building Plans Examiner
County of Hawaii
Department of Public Works-Building
Ph: (808)961-8488
ATTN APPLICANTS AND DESIGN PROFESSIONALS:WHILE EXCHANGING EMAIL COMMUNICATIONS WITH REVIEWERS,PLEASE DO NOT
ATTACH PLAN SHEETS OR SETS TO EMAILS;ALL REVIEWS ARE TO BE PERFORMED EXCLUSIVELY THROUGH THE ONLINE EPIC
APPLICATION/PERMITTING SYSTEM.
<IMAGE002.JPG>
From: Katherine Y. Luga <kluga@carlsmith.com>
Sent: Monday,January 09, 2023 12:16 PM
To: Fitzgerald,Joel <Joel.Fitzgerald@hawaiicounty.gov>
Cc: Steven S.C. Lim <slim@carlsmith.com>; DeMello, Melanie<Melanie.DeMello@hawaiicounty.gov>;
Harada, Bryce <Bryce.Harada@hawaiicounty.gov>
Subject: FW: I'o Processing- declaration of compliance for ag structures
Hi Joel,
I am following up on status of DPW Building's execution of the attached Declarations signed off by DPW
Engineering. Please provide ETA on completion of review. Thank you.
From: Harada, Bryce [ma iIto:Bryce.Harada(a)hawaiicounty.gov]
Sent: Friday, December 30, 2022 1:13 PM
To: Katherine Y. Luga; Fitzgerald, Joel
4
Cc: DeMello, Melanie
Subject: RE: I'o Processing - declaration of compliance for ag structures
CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Hi Joel, Kat,
Attached are copies of the ENG approved Declaration of Compliance for Ag Structures forms.
Thank you,
Bryce
Bryce Harada, P.E.
County of Hawai'i-Department of Public Works
Engineering Division, Regulatory Section
Aupuni Center, 101 Pauahi Street, Suite 7
Hilo, HI 96720
Tel: (808)961-8042
E-Mail: Bryce.Harada@hawaiicounty.gov
From: Katherine Y. Lug@ <kluga@carlsmith.com>
Sent: Friday, December 30, 2022 8:22 AM
To: DeMello, Melanie<Melanie.DeMello@hawaiicounty.gov>; Harada, Bryce
<Bryce.Harada@hawaiicounty.gov>
Cc: Fitzgerald,Joel<Joel.Fitzgerald@hawaiicounty.gov>
Subject: FW: I'o Processing-declaration of compliance for ag structures
Resending for DPW engineering sign off. Thank you.
From: Katherine Y. Luga
Sent: Friday, December 30, 2022 7:27 AM
To: 'joel.fitzgerald@hawaiicounty.gov'
Cc: Steven S.C. Lim; 'Nichole Kanda'
Subject: I'o Processing - declaration of compliance for ag structures
Hi Joel,
I spoke to Erin who informed me that you review and approve the declarations. Please call me 808-938-
5962 should you have any questions.
Please acknowledge receipt of the email communication. Thank you.
KATHERINE Y. LUGA
Paralegal I Carlsmith Ball LLP
<image003 Jpg>
5
121 Waianuenue Avenue
Hilo, HI 96720
Tel: 808.935.6644 Fax: 808.935.7975
Honolulu • Hilo • Kona • Maui
www.carlsmith.com
IMPORTANT/CONFIDENTIAL:
This message from the law firm of Carlsmith Ball LLP,A Limited Liability
Law Partnership, contains information which may be confidential,
privileged, and/or exempt from disclosure under applicable law. If you are
not the addressee(or authorized to receive for the addressee), you are
hereby notified that the copying, use or distribution of any information or
materials transmitted in or with this message is strictly prohibited. If you
received this message in error, please immediately notify me(the sender)
by replying to this email,then promptly destroy the original message.
Thank you
6
Katherine Y. Luga
From: Wilson, Kelly <Kelly.Wilson@hawaiicounty.gov>
Sent: Friday,January 13, 2023 4:41 PM
To: Steven S.C. Lim
Cc: Katherine Y. Luga; Fitzgerald,Joel; ioprocessinginc@gmail.com; SalasFerguson, Sinclair;
Pause, Stephen (Steve); Kekai, Malia; Ian R. Wesley-Smith
Subject: RE: I'o Processing - declaration of compliance for ag structures
CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Yes, the definition is per HCC section 5-1-5 .
Application for building Permit is required.
ALOHA,
KELLY WILSON — DEPUTY BUILDING CHIEF
COUNTY OF DEPARTMENT OF PUBLIC WORKS
HAWAII BUILDING DIVISION
From: Steven S.C. Lim <slim@carlsmith.com>
Sent: Friday, January 13, 2023 2:16 PM
To: Wilson, Kelly<Kelly.Wilson@hawaiicounty.gov>
Cc: Katherine Y. Luga <kluga@carlsmith.com>; Fitzgerald,Joel<Joel.Fitzgerald@ hawaiicounty.gov>;
ioprocessinginc@gmail.com; SalasFerguson, Sinclair<Sinclair.SalasFerguson@hawaiicounty.gov>; Pause, Stephen (Steve)
<Steve.Pause@hawaiicounty.gov>; Kekai, Malia<malia.kekai@hawaiicounty.gov>; Ian R. Wesley-Smith <iwesley-
smith@carlsmith.com>
Subject: Re: I'o Processing-declaration of compliance for ag structures
Kelly: Should we consider your response below the DPW's "final decision and order"for purposes of our client's
appeal?
Sent from my iPhone
On Jan 13, 2023, at 12:25, Wilson, Kelly<Kelly.Wilson@hawaiicounty.gov>wrote:
CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
"Building" means any structure used or intended for supporting or sheltering any use or occupancy.The
term shall include but not be limited to, any structure mounted on wheels such as a trailer, wagon, or
1
vehicle which is parked and stationary for any 24- hour period, and is used for business or living
purposes; provided, however,that the term shall not include a push cart or push wagon which is readily
movable and which does not exceed 25 square feet in area, nor shall the term include a trailer or
vehicle, used exclusively for the purpose of selling any commercial product therefrom, which hold a
vehicle license and actually travels on public or private streets.
They meet the definition of a Building.
ALOHA,
KELLY WILSON--DEPUTY BUILDING CHIEF
COUNTY OF DEPARTMENT OF PUBLIC WORKS
HAwA[1 BUILDING DIVISION
From: Katherine Y. Luga <kluga@carlsmith.com>
Sent: Friday,January 13, 2023 12:04 PM
To: Fitzgerald,Joel <Joel.Fitzgerald@hawaiicounty.gov>; ioprocessinginc@gmail.com
Cc: Steven S.C. Lim <slim@carlsmith.com>; SalasFerguson, Sinclair
<Sinclair.SalasFerguson@hawaiicounty.gov>; Pause, Stephen (Steve) <Steve.Pause@hawaiicounty.eov>;
Kekai, Malia <malia.kekai@hawaiicounty.gov>; Wilson, Kelly<Kelly.Wilson@hawaiicounty.gov>; Ian R.
Wesley-Smith <iwesley-smith@carlsmith.com>
Subject: RE: I'o Processing- declaration of compliance for ag structures
Hi Joel,
Please send us a formal denial letter or letters for all 6 Declarations,to include an explanation of the
Director's rationale for denial for each Declaration.
From: Fitzgerald, Joel [mailto:Joel.Fitzgerald @hawaiicounty.gov]
Sent: Friday, January 13, 2023 10:43 AM
To: ioprocessinginc(a)gmail.com; Katherine Y. Luga
Cc: Steven S.C. Lim; SalasFerguson, Sinclair; Pause, Stephen (Steve); Kekai, Malia; Wilson, Kelly
Subject: RE: I'o Processing - declaration of compliance for ag structures
CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Aloha Ms. Kanda & Ms. Luga:
I was able to have a discussion with my supervisors and unfortunately these structures do not qualify to
utilize the HRS 46-88 exemption. You will need to pursue traditional permitting
(Building/Electrical/Plumbing) for these Non-Residential structure(s), all structures identified. At this
time I would also like to inform you that we do not currently permit mobile structures; I was unable to
determine from the provided Declaration applications if these modules in fact do have permanent/fixed
foundations as would be required for permitting.
2
Due to the nature of the work,there are a number of County and State departments, such as Planning,
Wastewater and Sanitation/Food Safety among others,that are only available to us for review purposes
through the traditional permitting path.
For those structures with permanent/fixed foundations,the permit type you will need through our EPIC
application system:
<image001.jpg>
Link: https://hawaiicountyhi-
energovpub.tylerhost.net/Apps/SelfService#/applicationAssistant?sectionName=All&moduleld=2&categ
oryName=Building%20(Non-Residential)&showTemplates=faIse
Mahalo!
Joel Fitzgerald
Building Plans Examiner
County of Hawaii
Department of Public Works-Building
Ph: (808)961-8488
ATTN APPLICANTS AND DESIGN PROFESSIONALS:WHILE EXCHANGING EMAIL COMMUNICATIONS WITH REVIEWERS,PLEASE DO NOT
ATTACH PLAN SHEETS OR SETS TO EMAILS;ALL REVIEWS ARE TO BE PERFORMED EXCLUSIVELY THROUGH THE ONLINE EPIC
APPLICATION/PERMITTING SYSTEM.
<IMAGE002.JPG>
From: Katherine Y. Luga <kluga@carlsmith.com>
Sent:Thursday,January 12, 2023 9:42 AM
To: Fitzgerald,Joel <Joel.Fitzgerald @hawaiicounty.gov>
Cc: Steven S.C. Lim <slim@carlsmith.com>; SalasFerguson, Sinclair
<Sinclair.SalasFerguson hawaiicounty.gov>; Pause, Stephen (Steve) <Steve.Pause@hawaiicounty.gov>;
Kekai, Malia <malia.kekai@hawaiicounty.gov>
Subject: RE: I'o Processing- declaration of compliance for ag structures
Hi Joel,
We are following up on our request below, Thank you.
From: Katherine Y. Luga
Sent: Wednesday, January 11, 2023 1:20 PM
To: 'joel.fitzgerald@hawaiicounty.gov'
Cc: Steven S.C. Lim; SalasFerguson, Sinclair; Pause, Stephen (Steve); Kekai, Malia
Subject: FW: I'o Processing - declaration of compliance for ag structures
Hi Joel,
We filed the attached 5 Declarations on 12/30/22, which DPW Engineering signed-off on the same day
(12/30/22) and transmitted to you for DPW Building review/approval. In addition, DPW Engineering
signed off on 12/22/22, the attached Declaration for the mobile modular cut and wrap unit.
We understand that Declarations are reviewed and approved by DPW Engineering and Building within a
one-day turn-around.
Therefore, we do not understand why the 6 pending Declarations for I'o Processing are not afforded the
same one-day review period. Please explain the reason why I'o Processing is waiting 20 days and 12
days, respectively, when other Declarations (as were the case with the attached Kona Kai and Horn
3
Declarations) have been approved after I'o Processing submitted its Declarations on 12/22/22 and
12/30/22.
In addition, we do not see how DPW's current "revising policies and procedures regarding the
declarations and I have a few issues I require department acknowledgement/clarification", is halting
DPW's review of the I'o Processing 6 Declarations when HRS Section 46-88 has not been amended.
This will respectfully request that DPW Building review and act on the attached 6 pending Declarations
by the close of business today. Thank you for your assistance.
From: Fitzgerald, Joel [mailto:Joel.Fitzaerald@hawaiicounty4ov]
Sent: Monday, January 9, 2023 1:18 PM
To: Katherine Y. Luga
Cc: Steven S.C. Lim; DeMello, Melanie; Harada, Bryce
Subject: RE: I'o Processing - declaration of compliance for ag structures
CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Aloha Ms. Luga:
Please allow 1 to 2 months for response. We are currently revising policies and procedures regarding
the declarations and I have a few issues I require department acknowledgement/clarification.
Mahalo!
Joel Fitzgerald
Building Plans Examiner
County of Hawaii
Department of Public Works-Building
Ph: (808)961-8488
ATTN APPLICANTS AND DESIGN PROFESSIONALS:WHILE EXCHANGING EMAIL COMMUNICATIONS WITH REVIEWERS,PLEASE DO NOT
ATTACH PLAN SHEETS OR SETS TO EMAILS;ALL REVIEWS ARE TO BE PERFORMED EXCLUSIVELY THROUGH THE ONLINE EPIC
APPLICATION/PERMITTING SYSTEM.
<IMAGE002.JPG>
From: Katherine Y. Luga <kluga@carlsmith.com>
Sent: Monday,January 09, 2023 12:16 PM
To: Fitzgerald,Joel <Joel.Fitzgerald@hawaiicounty.gov>
Cc: Steven S.C. Lim <slim@carlsmith.com>; DeMello, Melanie<Melanie.DeMello@hawaiicounty.gov>;
Harada, Bryce <Bryce.Harada@hawaiicounty.gov>
Subject: FW: Vo Processing-declaration of compliance for ag structures
Hi Joel,
I am following up on status of DPW Building's execution of the attached Declarations signed off by DPW
Engineering. Please provide ETA on completion of review. Thank you.
From: Harada, Bryce [mailto:Bryce.Harada@hawaiicounty.gov]
Sent: Friday, December 30, 2022 1:13 PM
To: Katherine Y. Luga; Fitzgerald, Joel
4
Cc: DeMello, Melanie
Subject: RE: I'o Processing - declaration of compliance for ag structures
CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Hi Joel, Kat,
Attached are copies of the ENG approved Declaration of Compliance for Ag Structures forms.
Thank you,
Bryce
Bryce Harada, P.E.
County of Hawaii-Department of Public Works
Engineering Division, Regulatory Section
Aupuni Center, 101 Pauahi Street, Suite 7
Hilo, HI 96720
Tel: (808)961-8042
E-Mail: Bryce.Harada@hawaiicounty.gov
From: Katherine Y. Luga <kluga@carlsmith.com>
Sent: Friday, December 30, 2022 8:22 AM
To: DeMello, Melanie <Melanie.DeMello@hawaiicounty.gov>; Harada, Bryce
<Bryce.Harada@hawaiicounty.Bov>
Cc: Fitzgerald,Joel <Joel.Fitzgerald @hawaiicounty.Bov>
Subject: FW: I'o Processing-declaration of compliance for ag structures
Resending for DPW engineering sign off. Thank you.
From: Katherine Y. Luga
Sent: Friday, December 30, 2022 7:27 AM
To: 'joel.fitzgerald@hawaiicounty.gov'
Cc: Steven S.C. Lim; 'Nichole Kanda'
Subject: I'o Processing - declaration of compliance for ag structures
Hi Joel,
I spoke to Erin who informed me that you review and approve the declarations. Please call me 808-938-
5962 should you have any questions.
Please acknowledge receipt of the email communication. Thank you.
KATHERINE Y. LUGA
Paralegal I Carlsmith Ball LLP
<image003 Jpg>
5
121 Waianuenue Avenue
Hilo, HI 96720
Tel: 808.935.6644 Fax: 808.935.7975
Honolulu • Hilo • Kona • Maui
www.carismith.com
I M PORTANT/CONFIDENTIAL:
This message from the law firm of Carlsmith Sall LLP,A Limited Liability
Law Partnership, contains information which may be confidential,
privileged, and/or exempt from disclosure under applicable law. If you are
not the addressee (or authorized to receive for the addressee), you are
hereby notified that the copying, use or distribution of any information or
materials transmitted in or with this message is strictly prohibited. If you
received this message in error, please immediately notify me(the sender)
by replying to this email,then promptly destroy the original message.
Thank you
6
Katherine Y. Luga
From: Wilson, Kelly <Kelly.Wilson@hawaiicounty.gov>
Sent: Friday, January 13, 2023 4:41 PM
To: Steven S.C. Lim
Cc: Katherine Y. Luga; Fitzgerald,Joel; ioprocessinginc@gmail.com; SalasFerguson, Sinclair;
Pause, Stephen (Steve); Kekai, Malia; Ian R.Wesley-Smith
Subject: RE: I'o Processing - declaration of compliance for ag structures
CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Yes, the definition is per HCC section 5-1-5 .
Application for building Permit is required.
ALOHA,
KELLY WILSON- DEPUTY BUILDING CHIEF
COUNTY OF DEPARTMENT OF PUBLIC WORKS
HAWAII BUILDING DIVISION
From:Steven S.C. Lim<slim@carlsmith.com>
Sent: Friday,January 13, 2023 2:16 PM
To: Wilson, Kelly<Kelly.Wilson@hawaiicounty.gov>
Cc: Katherine Y. Luga<kluga@carlsmith.com>; Fitzgerald,Joel <Joel.Fitzgerald@hawaiicounty.gov>;
ioprocessinginc@gmail.com; SalasFerguson, Sinclair<Sinclair.Salas Ferguson@ hawaiicounty.gov>; Pause, Stephen (Steve)
<Steve.Pause@hawaiicounty.gov>; Kekai, Malia<malia.kekai@hawaiicounty.gov>; Ian R. Wesley-Smith <iwesley-
smith@carlsmith.com>
Subject: Re: I'o Processing-declaration of compliance for ag structures
Kelly: Should we consider your response below the DPW's "final decision and order" for purposes of our client's
appeal?
Sent from my iPhone
On Jan 13, 2023, at 12:25, Wilson, Kelly<Kelly.Wilson@hawaiicounty.gov>wrote:
CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
"Building" means any structure used or intended for supporting or sheltering any use or occupancy.The
term shall include but not be limited to, any structure mounted on wheels such as a trailer, wagon, or
1
vehicle which is parked and stationary for any 24- hour period, and is used for business or living
purposes; provided, however, that the term shall not include a push cart or push wagon which is readily
movable and which does not exceed 25 square feet in area, nor shall the term include a trailer or
vehicle, used exclusively for the purpose of selling any commercial product therefrom, which hold a
vehicle license and actually travels on public or private streets.
They meet the definition of a Building.
ALOHA,
KELLY WILSON—DEPUTY BUILDING CHIEF
COUNTY OF DEPARTMENT OF PUBLIC WORKS
HAwA11 BUILDING DIVISION
From: Katherine Y. Luga <kluga@carlsmith.com>
Sent: Friday,January 13, 2023 12:04 PM
To: Fitzgerald,Joel <Joel.Fitzgerald@hawaiicounty.gov>; ioprocessinginc@gmail.com
Cc:Steven S.C. Lim <slim@carlsmith.com>; SalasFerguson, Sinclair
<Sinclair.Salas Ferguson@hawaiicounty.gov>; Pause, Stephen (Steve)<Steve.Pause@hawaiicounty.gov>;
Kekai, Malia <malia.kekai@hawaiicounty.gov>; Wilson, Kelly<Kelly.Wilson@hawaiicounty.gov>; Ian R.
Wesley-Smith <iwesley-smith@carlsmith.com>
Subject: RE: I'o Processing- declaration of compliance for ag structures
Hi Joel,
Please send us a formal denial letter or letters for all 6 Declarations,to include an explanation of the
Director's rationale for denial for each Declaration.
From: Fitzgerald, Joel [mailto:Joel.Fitzgerald@hawaiicounty.gov]
Sent: Friday, January 13, 2023 10:43 AM
To: ioprocessingincOgmail.com; Katherine Y. Luga
Cc: Steven S.C. Lim; SalasFerguson, Sinclair; Pause, Stephen (Steve); Kekai, Malia; Wilson, Kelly
Subject: RE: I'o Processing - declaration of compliance for ag structures
CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Aloha Ms. Kanda & Ms. Luga:
I was able to have a discussion with my supervisors and unfortunately these structures do not qualify to
utilize the HRS 46-88 exemption. You will need to pursue traditional permitting
(Building/Electrical/Plumbing) for these Non-Residential structure(s), all structures identified. At this
time I would also like to inform you that we do not currently permit mobile structures; I was unable to
determine from the provided Declaration applications if these modules in fact do have permanent/fixed
foundations as would be required for permitting.
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Due to the nature of the work,there are a number of County and State departments, such as Planning,
Wastewater and Sanitation/Food Safety among others,that are only available to us for review purposes
through the traditional permitting path.
For those structures with permanent/fixed foundations,the permit type you will need through our EPIC
application system:
<image001.jpg>
Link: https://hawaiicountvhi-
energovpub.tylerhost.net/Apps/SeIfService#/appIicationAssistant?sectionName=All&moduleId=2&categ
oryName=Building%20(Non-Residential)&showTemplates=faIse
Mahalo!
Joel Fitzgerald
Building Plans Examiner
County of Hawaii
Department of Public Works-Building
Ph: (808)961-8488
ATTN APPLICANTS AND DESIGN PROFESSIONALS:WHILE EXCHANGING EMAIL COMMUNICATIONS WITH REVIEWERS,PLEASE DO NOT
ATTACH PLAN SHEETS OR SETS TO EMAILS;ALL REVIEWS ARE TO BE PERFORMED EXCLUSIVELY THROUGH THE ONLINE EPIC
APPLICATION/PERMITTING SYSTEM.
<IMAGE002.JPG>
From: Katherine Y. Luga<kluga@carlsmith.com>
Sent:Thursday,January 12, 2023 9:42 AM
To: Fitzgerald,Joel <Joel.Fitzgerald @hawaiicounty.gov>
Cc:Steven S.C. Lim<slim@carlsmith.com>; SalasFerguson, Sinclair
<Sinclair.SalasFerguson@hawaiicounty.gov>; Pause, Stephen (Steve) <Steve.Pause@hawaiicounty.gov>;
Kekai, Malia <malia.kekai@hawaiicounty.gov>
Subject: RE: I'o Processing- declaration of compliance for ag structures
Hi Joel,
We are following up on our request below. Thank you.
From: Katherine Y. Luga
Sent: Wednesday, January 11, 2023 1:20 PM
To: 'joel.fitzgerald@hawaiicounty.gov'
Cc: Steven S.C. Lim; SalasFerguson, Sinclair; Pause, Stephen (Steve); Kekai, Malia
Subject: FW: I'o Processing - declaration of compliance for ag structures
Hi Joel,
We filed the attached S Declarations on 12/30/22, which DPW Engineering signed-off on the same day
(12/30/22) and transmitted to you for DPW Building review/approval. In addition, DPW Engineering
signed off on 12/22/22,the attached Declaration for the mobile modular cut and wrap unit.
We understand that Declarations are reviewed and approved by DPW Engineering and Building within a
one-day turn-around.
Therefore, we do not understand why the 6 pending Declarations for I'o Processing are not afforded the
same one-day review period. Please explain the reason why I'o Processing is waiting 20 days and 12
days, respectively,when other Declarations (as were the case with the attached Kona Kai and Horn
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Declarations) have been approved after I'o Processing submitted its Declarations on 12/22/22 and
12/30/22.
In addition, we do not see how DPW's current"revising policies and procedures regarding the
declarations and I have a few issues I require department acknowledgement/clarification", is halting
DPW's review of the I'o Processing 6 Declarations when HRS Section 46-88 has not been amended.
This will respectfully request that DPW Building review and act on the attached 6 pending Declarations
by the close of business today. Thank you for your assistance.
From: Fitzgerald, Joel [mailto:Joel.Fitzgerald@hawaiicounty.gov]
Sent: Monday, January 9, 2023 1:18 PM
To: Katherine Y. Luga
Cc: Steven S.C. Lim; DeMello, Melanie; Harada, Bryce
Subject: RE: I'o Processing - declaration of compliance for ag structures
CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Aloha Ms. Luga:
Please allow 1 to 2 months for response. We are currently revising policies and procedures regarding
the declarations and I have a few issues I require department acknowledgement/clarification.
Mahalo!
Joel Fitzgerald
Building Plans Examiner
County of Hawaii
Department of Public Works-Building
Ph: (808)961-8488
ATTN APPLICANTS AND DESIGN PROFESSIONALS:WHILE EXCHANGING EMAIL COMMUNICATIONS WITH REVIEWERS,PLEASE DO NOT
ATTACH PLAN SHEETS OR SETS TO EMAILS;ALL REVIEWS ARE TO BE PERFORMED EXCLUSIVELY THROUGH THE ONLINE EPIC
APPLICATION/PERMITTING SYSTEM.
<IMAGE002.JPG>
From: Katherine Y. Luga <kluga@carlsmith.com>
Sent: Monday,January 09, 2023 12:16 PM
To: Fitzgerald,Joel <Joel.Fitzgerald @hawaiicounty.gov>
Cc: Steven S.C. Lim <slim@carlsmith.com>; DeMello, Melanie<Melanie.DeMello@ hawaiicounty.gov>;
Harada, Bryce <Bryce.Harada@hawaiicounty.gov>
Subject: FW: I'o Processing-declaration of compliance for ag structures
Hi Joel,
I am following up on status of DPW Building's execution of the attached Declarations signed off by DPW
Engineering. Please provide ETA on completion of review. Thank you.
From: Harada, Bryce [mailto:Bryce.Harada@hawaiicounty.gov]
Sent: Friday, December 30, 2022 1:13 PM
To: Katherine Y. Luga; Fitzgerald, Joel
4
Cc: DeMello, Melanie
Subject: RE: I'o Processing - declaration of compliance for ag structures
CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Hi Joel, Kat,
Attached are copies of the ENG approved Declaration of Compliance for Ag Structures forms.
Thank you,
Bryce
Bryce Harada, P.E.
County of Hawai'i-Department of Public Works
Engineering Division, Regulatory Section
Aupuni Center, 101 Pauahi Street, Suite 7
Hilo, HI 96720
Tel: (808) 961-8042
E-Mail: Bryce.Harada@hawaiicounty.gov
From: Katherine Y. Luga <kluga@carlsmith.com>
Sent: Friday, December 30, 2022 8:22 AM
To: DeMello, Melanie<Melanie.DeMello@hawaiicounty.gov>; Harada, Bryce
<Bryce.Harada@hawaiicounty.gov>
Cc: Fitzgerald,Joel<Joel.Fitzgerald @hawaiicounty.gov>
Subject: FW: I'o Processing- declaration of compliance for ag structures
Resending for DPW engineering sign off. Thank you.
From: Katherine Y. Luga
Sent: Friday, December 30, 2022 7:27 AM
To: 'joel.fitzgerald@hawaiicounty.gov'
Cc: Steven S.C. Lim; 'Nichole Kanda'
Subject: I'o Processing - declaration of compliance for ag structures
Hi Joel,
I spoke to Erin who informed me that you review and approve the declarations. Please call me 808-938-
5962 should you have any questions.
Please acknowledge receipt of the email communication. Thank you.
KATHERINE Y. LUGA
Paralegal I Carlsmith Ball LLP
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