11-13-2014, 04:10 AM
Much of the building code needs to be tossed out the window for Puna. This wont happen in this County as it currently exists. Another aspect to this is the state requirements for building permits. The state allows each county to decide for themselves if they wish to implement building permits but muddied the issue by also making it mandatory that such permits must also apply to private owner builders. Then went on further to insult the authority by mandating owners builders be also considered contractors. There's a fundamental legal flaw in both of these added burdens regarding owner builders. The challenge has yet to be brought before the federal courts. Hawaii is not alone in making this mistake.
The state has made the fundamental mistake in exercising it's constitutional power to regulate commerce and extended it to the private home owner building their own home. This would be like assuming a mother at home making clothes for her family to be engaging in the business of manufacturing clothing and therefore allowing the state to surmise their police power extends into the fabrication of clothing for oneself and their family members.
No state has yet to provide a compelling argument that community safety is at stake with regard to the owner builder building a home for themselves, that it threatens the safety of the community. Thus the non-enumerated right has been trampled on with no challenge brought forth yet.
The state has made the fundamental mistake in exercising it's constitutional power to regulate commerce and extended it to the private home owner building their own home. This would be like assuming a mother at home making clothes for her family to be engaging in the business of manufacturing clothing and therefore allowing the state to surmise their police power extends into the fabrication of clothing for oneself and their family members.
No state has yet to provide a compelling argument that community safety is at stake with regard to the owner builder building a home for themselves, that it threatens the safety of the community. Thus the non-enumerated right has been trampled on with no challenge brought forth yet.