Unreasonable Construction Laws in Hawaii

[Wao nahele kane]

I’ve noticed a vast number of homes that are built without permits in the state of Hawaii.
When considering this situation I recently realized that the problem may have to do with what we in the greater part of the United States take for granted. The majority of people in this nation have the right to draft/design, build, plumb and wire their own new homes.
How is it; the State of Hawaii has circumnavigated these basic rights through a series of takings laws pertaining to the requirements for Architects to handle all plan aspects and requirements to only allow licensed electricians and plumbers to perform such tasks on new private homes? Certainly the state has not shown due cause to prove community endangerment when private home owners exercise such rights to build their own homes inclusive of electrical and plumbing. Sure… specific safety codes have always been accepted forms of legislation but the outright removal of property owners rights to completely build their own private home has never been acceptable judicially. No matter who builds a house, it has to meet the same level of inspection and is subject to the same applicable codes.
What’s the scoop on these building laws anyhow? Have any ever been subjected to challenge?

E ho'a'o no i pau kuhihewa.

[nanasohana]

Aw, you have hit a sore spot with me. And I also ask "WHY?". I think the rule of not selling an owner built home for one year should be enough of a safety net for problems. I use a computer program to design houses and I have wired 2 homes we have built and so I know if you educate yourself, an owner builder sure can do it. My husband did the plumbing on one and all you have to do is follow the rules and codes.

[Rob Tucker]

You have my wholehearted agreement. I see it as a constitutional issue. The State of Hawaii makes an assumption of incompetence on the part of the citizenry. Funny that the law assumes you and I to be competent of defending ourselves in a court of law but assumes us to be incompetent in gluing two pieces of ABS together.

This is a result of union activity and clout at the legislature. I have respect for unions in some regards but in Hawaii it has long been out of hand.

[Wao nahele kane]

Nancy,
I’ve been in Construction for over 30 years and Architectural design. I started out plumbing and have dug more ditches, built more risers than I care to recall and run miles and miles of Romex. I’ve watched building codes come and go and observed and practiced seismic regulations since their introduction. I’ve been contracting for 20 of those years and with all that… I find it down right insulting to be subject to such stupid ignorant laws as those I see in Hawaii. There’s no way in ____ I should have to go get an architectural license or any other license for that matter to do my own home. I’ve worked with many homeowners who have wired their houses better than electricians and I’ve watched electricians and plumbers massacre house structures and do such terrible jobs I had to toss them off the site, which includes HVAC people too.

I settled in with carpentry as my greater career within the industry and have always enjoyed it with the exception of one aspect. What I have found with regard to dissatisfaction in my career all has to deal with irresponsible legislative acts and the current craze to allow the IBC and its ban of merry manufacturing thieves to dictate what will be the building codes we follow by. To further aggravate this dilemma one can’t even see the “laws”/private published codes without buying the damn books. What sort of joke is that? The “law” for sale? This industry has become so dirty I decided not to return after this slump is gone. I have no interest to be in this dirty business anymore, it sickens me to no end. From the bankers, manufacturers and legislators… the general public has been tarred and feathered by all the con men and they weren’t contractors. All the while… the good contractors who really care about and love what they do… get the brunt of all the bull. I don’t sound like I’m whining do I?

Anyhow… it really ticks me off too. I as a carpenter and former contractor find it down right insulting to see that the Hawaii state legislature made licensed architects and contractors necessary for plumbing and electrical when it comes to the DIY aspect in privately owned single family homes. I have no intentions of getting a license and I sure as hell shouldn’t be required to, not just to do these things on my own home.

Anyhow back to the subject… now there exists so many non-permitted homes and this is most likely a result of the irresponsible legislation that serves as nothing but legislative lip-service to the protection of people in homes. The legislation is destructive towards its own end. Not to mention the lost property tax revenues, etc of those who never pulled permits. What in the ___ was going through these peoples minds when they approved such irresponsible, disrespectful, stupid laws? I’ve half a mind to rake them through the damn courts and sue the States ____ off. This is the topic above all else that burns my backside about the state of Hawaii; it actually enrages me to think about it.

I really want to know how these codes became existent. What was the real motive behind them and who if anyone lobbied for these stupid laws? I can see the validity of these codes when applied to business, but not with respect to the perspective private home owner.


E ho'a'o no i pau kuhihewa.

[Rob Tucker]

I think the State would lose in court. No one has had the where-with-all or intent to take it all the way. If someone was to take it on and win they would be a hero in my book.

[Wao nahele kane]

Hello Rob,

How about we go pass a law that says one cannot cut their own hair or their children’s nor shave without hiring a licensed scissor and razor operator? It's possible to cut ones ear off or their kids ear off and or cut ones own face when using scissors and razors... right?
Unions… hmmm well then, we have a culprit perhaps. Maybe the state ignorantly thought they could collect more taxes via the labor income tax on the Union workers vs… the years and years of possible property taxes they would lose in the long haul from all those who would build without pulling a permit.

I would say just about now… a person has a valid legal argument not to have obtained a building permit. Seeing as how it’s a constitutional right to build your own home and how the Hawaii codes require it to have plumbing etc to be considered a home… in that fell swoop of code they tied themselves into violating the right to build ones own home rights. I would also imagine that the electrical and plumbing has to be finalized and signed off on before the building permit is finalized and occupancy granted on the structural permit. There again they undermine the owner builder right through that link too.



E ho'a'o no i pau kuhihewa.

[Rob Tucker]

Wao nahele kane, I am in agreement with you. But here's part of the formula that is missing. You find a solution for it and you will have found a solution to the overall problem.

The unions deliver votes. The public, by and large, fails to vote. Look at voter turnout and look at who's getting elected and who's getting the laws they want passed.

Any questions?

[Wao nahele kane]

Is the Union truly involved in Single family construction over there?
I was working in North Kona on several projects inclusive of Hualalai resort zoned homes and I never saw any union people on those jobs.





E ho'a'o no i pau kuhihewa.

[Rob Tucker]

Wao nahele kane, You are looking for logic in the situation and will not find it. These laws are not intended to benefit the individual.

[JWFITZ]

Indeed. It makes one prone to screaming fits. This is why I expect 50 percent of the structures in Hawaii to be un/semi permitted. Let alone building on the beach or in tidelands or whatever. . .

Be aware, however, of the next big thing coming down. Solar PV and hot water-the later soon to be required. This is going to be rammed down everyone's throat in spite of the fact it's not very practical here, and there are a couple of large mainland electrical contractors setting up to run the island in a "vinyl siding" sort of way. They're going so far as to systematically run through all solar "installers" in the phone book and turning them in for anything they can possibly find. If you're doing such a thing, expect a call. To install a solar panel you'd need several licenses, and few do. To install a solar panel it's a structural engineering issue(safety, wind) on and on. They're well equipped to take this on, except in terms of knowledge. Be careful.

Just the way it works.