07-07-2009, 11:51 AM
Okay, I'll jump into this. I used to be a Special Inspector which I was licensed to only inspect Concrete, Masonry and PT Concrete. With that said, the building code is written by an international organization of building officials which includes architects and engineers. It plainly states in the code that the purpose of the code is to protect the general public from harm. If the state/county adopts the code they must also adopt the responsibility of enforcing the code. They can also amend the code to a higher level but not the other way around. So they are bound to enforce it at a minimum. The County did not allow people to build without permits. People built without the County knowledge.
So what should the county do now? Kick people out of their homes and tear them down to enforce the rules? Or do what they are doing now and allow people to stay in their homes but not allow attachments to unpermitted bulidings. In the meantime they report the home to the tax agency. The county is in violation of the law as they adopted it by not tearing down unpermitted structures (at the owners expense BTW). As I see it, it is a damned if you do and damned if you don't situation if they don't strictly enforce the code. Remember the County does not write the basic code they only adopt it. And 90% of the world adopts the same code that Hawaii does. The code that the County and States adopt states that a registered architect or engineer must sign off on the design. I am not sure about the Owner/Builder being a General Contractor though.
I think that a part of what is being discussed is an adopted practice written by engineers and architects and another part is certain adoptions by the state and/or county of Hawaii. It may be prudent to determine a certain regulation or law which is part of the building code and which part is passed by a bureaucrat in the government. JMHO
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"Only two things are infinite, the universe and human stupidity, and I'm not sure about the former". --Albert Einstein
So what should the county do now? Kick people out of their homes and tear them down to enforce the rules? Or do what they are doing now and allow people to stay in their homes but not allow attachments to unpermitted bulidings. In the meantime they report the home to the tax agency. The county is in violation of the law as they adopted it by not tearing down unpermitted structures (at the owners expense BTW). As I see it, it is a damned if you do and damned if you don't situation if they don't strictly enforce the code. Remember the County does not write the basic code they only adopt it. And 90% of the world adopts the same code that Hawaii does. The code that the County and States adopt states that a registered architect or engineer must sign off on the design. I am not sure about the Owner/Builder being a General Contractor though.
I think that a part of what is being discussed is an adopted practice written by engineers and architects and another part is certain adoptions by the state and/or county of Hawaii. It may be prudent to determine a certain regulation or law which is part of the building code and which part is passed by a bureaucrat in the government. JMHO
The Kona Forum
http://www.konaforum.com
Da Kine PC Repair Upgrade
http://www.DaKinePC.com
"Only two things are infinite, the universe and human stupidity, and I'm not sure about the former". --Albert Einstein