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Hawaii County Rural Sustainable Habitat Ordinance
#1
Regarding an alternative building code for Hawaii County:

I'm a board member of the Hawaii Sustainable Community Alliance a newly formed non profit.
We've been meeting weekly for some time and have developed the following draft of a Resolution to be presented soon to our County Council with the intention of following up with an Ordinance to add a new, more sustainable friendly building code. I'd appreciate input from forum participants.
Check out our website at http://hawaiisustainablecommunity.org/ and become members if you support us. There's power in numbers.

Key provisions of Hawaii County Sustainable Rural Habitat Ordinance.

1. owner-built (owner builder): including no sell, rent, or lease for at least 5 years.

2. only on agricultural land zoned A2 or larger.

3. recorded on deed

4. temporary occupancy allowed (provided adequate sanitation exists)

5. materials allowed: owner-produced, previously used/salvaged, local, minimally processed

6. Misc structures, referred to as 'accessory dwelling units' in one source and as 'appurtenant structures' in another. Including with or without 'amenities', e.g., sleeping accommodation without a kitchen attached.

7. building regulations providing application of reasonable judgment in determining that health and safety is being protected

Sustainable Rural Habitat Resolution (a step toward the Ordinance.)

Whereas, there is a shortage of affordable housing on Hawaii Island; and

Whereas, there are many unpermitted occupied residences on Hawaii Island, especially in rural areas; and

Whereas, the costs of building houses to the Uniform Building Code are prohibitive for many of Hawaii Island's rural families; and

Whereas, in rural areas of Hawaii Island there are many locally available, underutilized, renewable building materials, such as bamboo and tropical hardwoods; and

Whereas, the use of locally-available and minimally processed building materials reduces overall construction costs and results in a smaller ecological footprint; and

Whereas, Hawaii Island's rural areas are sometimes remote and often serviced by substandard roads, creating extra cost in transporting building materials; and

Whereas, substantial rural areas of Hawaii Island have been zoned with agricultural parcels not serviced by HELCO, County water or County sewage systems; and

Whereas, Hawaii Island is blessed with a mild climate that can obviate the need for expensive artificial heating and cooling; and

Whereas, resource sharing and cooperation are an important part of economic livelihood, including building construction, in Hawaii Island's rural areas; and

Whereas, establishment of owner-built residences on agricultural land will contribute to increasing agricultural production on that land; and

Whereas, according to the Hawaii County Integrated Resource and Solid Waste Management Plan, lumber accounts for 10% or more of materials disposed of in Hawaii County's landfills; andWhereas, the Hawaii County Integrated Resource and Solid Waste Management Plan commits Hawaii County is to diverting resources from it's two landfills; and

Whereas, in providing sustainable habitat, protection of public health and safety can be realized as long as structural integrity and necessary standards for electrical, mechanical, and sanitation are maintained; and

Be it resolved, that Hawaii County Council is committed to enacting alternative building regulations that maintain protection of public health and safety while permitting owner-built rural habitat, appropriate to rural Hawaii Island's unique site conditions and circumstances at a cost that is affordable and has a relatively lower ecological footprint.


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#2
I support your goals. Really. The most difficult part of your proposal to win approval for will be #7. Building codes throughout the world evolved over time often as a result of specific disasters which killed people. Very specific structural, electrical, plumbing, health and fire safety codes have been engineered to avoid repeats of these disasters to protect lives of the current occupants of homes and any future occupants. While every specific little code doesn't always seem to meet a common sense requirement, they have been tested either in the field over time or have been specifically engineered to be improved over older standards. By asking for a standard of "reasonable judgement," you slam the door on centuries of experience and wisdom. With this "standard," there is no possible way for anyone to know what is permissible or safe.
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#3
I signed up on your site. I agree with the intelligent or reasonable codes too. They will, as hotinhawaii alluded to, have to be quantified as some are in place because of past situations like natural disasters. BUT our natural disaster fall out may be incredibly different than say Haiti where their concrete standards were different or even non-existent. We also dont have the high live loads that places that have ft and ft of snow have. We dont need frost footings either.

Some of the other issues I see are the dual glaze windows although because of the IBC many manufactures have stopped making single glaze so it may be a non-issue simply because you wont be able to get single glaze eventually.



Catherine Dumond
Blue Water Project Management 808 965-9261

Dakineworkers.com
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#4
Key provisions of Hawaii County Sustainable Rural Habitat Ordinance.

1. owner-built (owner builder): including no sell, rent, or lease for at least 5 years.
As long as property taxes are not increased for the SAME period

2. only on agricultural land zoned A2 or larger.
What about utilities to these widely dispersed houses?

3. recorded on deed
What is to be recorded on the deed?

4. temporary occupancy allowed (provided adequate sanitation exists)
How long is "temporary"?

5. materials allowed: owner-produced, previously used/salvaged, local, minimally processed
Needs to be clearly defined

6. Misc structures, referred to as 'accessory dwelling units' in one source and as 'appurtenant structures' in another. Including with or without 'amenities', e.g., sleeping accommodation without a kitchen attached.
Isn't this already an ordinance?

7. building regulations providing application of reasonable judgment in determining that health and safety is being protected
Sustainable Rural Habitat Resolution (a step toward the Ordinance.)

Who's going to be exercising this "reasonable judgement"?


Am I totally off-base here? If so please educate me, cause I'm going to need to know for sure in about a year.
Puna: Our roosters crow first
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#5
Why should Owner/builders be restricted from building and selling? Sounds like some sort of protectionism aimed at protecting local builders from free market competition. If the buildings are up to code, what is the issue?

Dan
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#6


I am completely with you on this one!!!
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#7
[quote]Originally posted by EightFingers

Key provisions of Hawaii County Sustainable Rural Habitat Ordinance.

1. owner-built (owner builder): including no sell, rent, or lease for at least 5 years.
As long as property taxes are not increased for the SAME period
Property tax changes are a different matter, happening for unrelated reasons. The point of the 'no sell/rent/lease' requirement is to ensure that only owner/builders are doing this type of building and that it is not being used for spec-houses and 'flips'.

2. only on agricultural land zoned A2 or larger.
What about utilities to these widely dispersed houses?
These dispersed A2 and larger lots ALREADY exist and many without utilities, thus, as pointed out in the Resolution, there is a need for alternative approaches to building on these A2 or larger lots in rural areas not serviced by utilities.

3. recorded on deed
What is to be recorded on the deed?
The type of housing that has been approved for the parcel -- this, unlike the current 'unpermitted' status of dwellings, provides full information to any prospective buyer years down the road

4. temporary occupancy allowed (provided adequate sanitation exists)
How long is "temporary"?
as yet undetermined

5. materials allowed: owner-produced, previously used/salvaged, local, minimally processed
Needs to be clearly defined
[red]A lot of these 7 points are yet to be fully delineated. Examples of "local" and "minimally processed" would include bamboo, tropical hardwoods and softwoods, and "salvaged" would be sound materials taken from deconstruction of older buildings. Since most local materials are not in the UBC, being too specific, like the UBC is, prohibits use of what is readily available in rural areas of this island and at the same time the UBC requires materials that are not readily available in rural areas of this island.


6. Misc structures, referred to as 'accessory dwelling units' in one source and as 'appurtenant structures' in another. Including with or without 'amenities', e.g., sleeping accommodation without a kitchen attached.
Isn't this already an ordinance?
[red]No, the current code does not allow separate sleeping quarters. The current code requires a kitchen in every residential building where people sleep.


7. building regulations providing application of reasonable judgment in determining that health and safety is being protected


Who's going to be exercising this "reasonable judgement"?

[red]The building division. This same provision has been implemented elsewhere, so it is not untried.


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#8
quote:
Originally posted by james weatherford...
6. Misc structures, referred to as 'accessory dwelling units' in one source and as 'appurtenant structures' in another. Including with or without 'amenities', e.g., sleeping accommodation without a kitchen attached.
Isn't this already an ordinance?
No, the current code does not allow separate sleeping quarters. The current code requires a kitchen in every residential building where people sleep.




I am under the impression with the change to this issue a couple of years ago that a bedroom could in fact be separate as long as it wasnt 50 ft from house or more, and did NOT contain kitchen facilities. (This was from PD rep.)

Catherine Dumond
Blue Water Project Management 808 965-9261

Dakineworkers.com
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#9
Interesting, 'cat. Thanks for the clarification. The 50' requirement is noted.
How about a kitchen separate from other living accommodation?
The context is: in reality, in rural areas of Hawaii Island, for the not-so-few people living in what is sometimes affectionately referred to as 'the jungle', with little or no cinder, gravel or anything but dust and mud on their road, the UBC is largely irrelevant. The County government approved zoning and subdividing of these vast areas and collects property taxes from the parcels and the County government can find a way to accommodate these property owners with building regulations appropriate to the conditions in 'the jungle' and the UBC does not do that.
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#10
1. owner-built (owner builder): including no sell, rent, or lease for at least 5 years.
As long as property taxes are not increased for the SAME period
Property tax changes are a different matter, happening for unrelated reasons. The point of the 'no sell/rent/lease' requirement is to ensure that only owner/builders are doing this type of building and that it is not being used for spec-houses and 'flips'.

They might be, but if taxes are increased beyond what the owner can bear, what happens? A lot can happen in five years.
I'd be more in favor of something like two years.

James, Thanks for taking the time to respond.
Puna: Our roosters crow first
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