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Home My WebLink About02 Paik Nicely Appeal DPW re ceiling height_v1.pdfARC:HITECTS,LLC Koa Architects LLC • 65-1285C Kawaihae Road Kamuela, HI 96743 • tel 808-217-6707 • fax 866-507-1638 • www. koaarchitects.com Appeal of Decision by Director of Public Works County of Hawai'i Planning Department 101 Pauahi Street, Suite 3 Hilo, HI 96720 Owners: T. C. & M. L. Paik-Nicely 2009 Trust Project: Existing Ceiling Height for Lower Level Alterations Address: 325 Haili Street, Hilo, 96720 TM K: 230160110000 September 21, 2026 To the Members of the Board of Appeals: We are appealing the Department of Public Works / Building Division Supervising Plan Reviewer's denial of an Administrative Code Modification to allow an existing 6'8" lower -level basement ceiling height to remain as part of a residential alteration and safety upgrade. This petition is accompanied by: 1. A filing fee of two hundred fifty dollars ($250) payable to the County Director of Finance. An original and ten (10) copies of this petition along with: o A description of the property — See attached Site and Floor Plans. o A statement explaining the nature of the appeal and relief requested — See Nature of Appeal below. o A statement of relevant facts — See Statement of Relevant Facts below. o Statutory grounds for appeal under Item (c) — See Summary & Statutory Grounds below. o Proof of Service to the Director and affected landowners — See attached Proof of Service. o Mailing List of Property Owners within 300 feet — See attached Mailing List. NATURE OF APPEAL & STATEMENT OF RELEVANT FACTS Agent William McCowatt manages plan preparation and the EPIC permit application PW.B2026-001136 on behalf of Koa Architects Inc. and the T.C. & M.L. Paik-Nicely 2009 Trust. (Owners) 1. Core Summary of the Project & Issue a) The Goal: Permitting necessary life -safety and functional upgrades to an existing 802 sq. ft. basement inside a 1934 single-family home continuously owned and inhabited by the same family for nearly a century. b) The Existing Condition: The basement framing (1930s rough -sawn joists, original CMU walls, pre -WWII hardware) was constructed with a 6'8" clear ceiling height. c) The Initial Administrative Misstep: Koa Architects initially cited IRC Appendix J (J102.1) to support maintaining the 6'8" height. Plan Reviewer Neil Erickson correctly noted that Hawai'i County did not adopt Appendix J, invalidating that specific citation. d) The Reviewer's Refusal: Upon removing Appendix J, the reviewer maintained that because 1934 County building records only show a "112 sq. ft. unfinished area," the remaining basement must be treated as a new "Change of Occupancy," triggering full modern code requirements for TO" ceilings —and refused to grant an Administrative Modification. 2. Historical Facts & Secondary Evidence e) Tax Field Book Records: Because pre -WWII County paper building permits frequently decayed or were lost prior to electronic record migration (Lotus/Magnet/EPIC), Hawai'i County Tax Field Cards serve as standard secondary proof. Tax Field Books consistently record an 839 sq. ft. basement across multiple historical tax years (matching the measured 802 sq. ft. usable area). f) Physical & Family Continuity: The space was built in 1934 and used as living space for generations. It is not new construction, nor is the footprint being expanded. 3. The Code -Compliant Solution (2018 IEBC & 2018 IRC) g) 2018 IEBC Section 805.2 (Level 2 Alterations): Explicitly permits existing ceiling heights in altered spaces to remain provided they are not further reduced and egress is maintained. h) 2018 IRC Section R305.1, Exception 1: Explicitly permits basements containing habitable space to have a reduced ceiling height of 6'8" (with beams/girders allowed down to 64"). The subject 6'8" ceiling complies with the express exception of the residential code. 4. Life -Safety Reality: Denial Makes the Home LESS Safe and Healthy The owners are seeking a permit to upgrade a 90-year-old living space by adding: • An Emergency Escape and Rescue Opening (EERO) basement window. • A direct second exterior exit door. • Hardwired, interconnected smoke and carbon monoxide alarms. • Code -compliant natural and mechanical ventilation. The family will continue living in this space regardless of this procedural denial. Refusing an administrative modification does not alter the physical height of a 1934 concrete foundation —it simply forces the family to inhabit a pre -code space without fire egress, smoke alarms, or proper ventilation. Adhering strictly to a TO" ceiling benchmark actively harms public health and safety. AUTHORITY FOR ADMINISTRATIVE MODIFICATION Under 2018 IRC Section R104.10 and 2018 IEBC Section 104.10 (Modifications): "Wherever there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases... provided the building official shall first find that special individual reason makes the strict letter of this code impractical, that the modification is in compliance with the intent and purpose of this code, and that such modification does not lessen health, accessibility, life and fire safety or structural requirements. " The subject project satisfies every requirement for a modification: 1. Practical Difficulty: Lowering a 1934 slab or raising a historic 1934 home to gain 4 inches is structurally unfeasible and financially prohibitive. 2. Intent & Safety: The 6'8" height is explicitly recognized as safe under IRC R305.1 Exception 1 and I EBC 805.2. as well as the un-adopted Appendix J. 3. Health & Life Safety: Granting the modification dramatically improves life safety, whereas denying it lessens health and safety by maintaining a pre -code status quo. STATUTORY GROUNDS FOR APPEAL (Application Item c) Pursuant to County Appeal Application Item (c), the decision by the Supervising Plan Reviewer to deny an administrative code modification should be overturned on the following grounds: (i) How the Decision Appeal Violates the Law / Applicable Code The decision misapplies the governing codes by evaluating an existing 1934 residential alteration under new -construction rules while ignoring controlling provisions of the 2018 International Existing Building Code (IEBC Section 805.2) and 2018 International Residential Code (IRC Section R305.1, Exception 1), both of which legally authorize a 6'8" basement ceiling height. (ii) How the Decision Appealed From is Clearly Erroneous The reviewer's determination that the space constitutes an unpermitted "Change of Occupancy" relies exclusively on incomplete 1934 permit records, while disregarding historic Tax Field Book entries documenting an 839 sq. ft. basement across multiple decades. In Hawai'i County, where pre-war DPW files are incomplete, rejecting established tax records in favor of a rigid 112 sq. ft. assumption is clearly erroneous. (iii) How the Decision Was Arbitrary, Capricious, and an abuse of discretion The building official's refusal to exercise administrative modification authority under IRC/IEBC Section 104.10 is arbitrary, capricious, and an unwarranted exercise of discretion because: 1. It Defeats the Purpose of the Building Code: The overarching purpose of the code is to safeguard life and health. Rigidly demanding a TO" ceiling in a 1934 basement prevents the installation of code -mandated emergency egress windows, smoke alarms, and mechanical ventilation. 2. It Creates a Net -Negative Safety Outcome: By refusing a reasonable modification for 4 inches of ceiling height —a height explicitly sanctioned for basements under IRC R305.1 Exception 1—the reviewer forces the family to continue occupying an un-upgraded space, making the dwelling demonstrably less safe and healthy than if the permit were approved. 3. It Ignores Practical Difficulty: Denying administrative relief where structural lowering of a 90-year-old foundation is impossible constitutes an abuse of administrative discretion. RELIEF REQUESTED We respectfully request that the Board of Appeals overturn the Plan Reviewer's denial and order the approval of an Administrative Code Modification under 2018 IEBC Chapter 8 / 2018 IRC Section R305.1 to allow the existing 6'8" lower -level ceiling height to remain, enabling the immediate completion of essential life -safety upgrades. Mahalo William MQCowatt, Ag66t For the T. C. & M. L. Paik-Nicely 2009 Trust William McCowatt / Koa Architects Inc. acts solely as an authorized planning and permitting agent for the applicant in this administrative matter. The agent is not an attorney and does not provide legal advice or legal representation. All materials, code interpretations, and submittals are provided strictly for administrative building and planning code review purposes.