Hawaii County committee forwards bill to create construction code commission

The Hawaii County policy committee on public works and mass transit voted to forward Bill 127 to the full County Council with a favorable recommendation, the committee chair announced after an 8–0 vote with one member excused.

Bill 127 would amend chapter 5 of the Hawaii County Code to establish a construction code commission to advise the mayor, the county council and the director of public works on adoption, updating, amendment and interpretation of county construction codes. The bill was introduced by council members Kurkowitz and James Eustace.

Proponents said the commission would bring practical expertise to code review. “We don't want to be, excluding anyone with any kinds of experience in the construction related fields,” a bill author said, arguing the panel would let builders and trade professionals weigh in on proposed code changes. Council Member Villegas warned that some model-code requirements have pushed building costs up and urged a balance between safety and affordability: “I'm seeing a pattern of this requirement to build a fortress versus a shelter, which further alienates the chance of a lot of people ever getting into a home.”

Council Member Onishi cited past local amendments that reduced costs—for example, allowing one reinforced interior room to serve as a safe room rather than adding a separate space—and said the commission should track state and national developments. Onishi also suggested the commission may need funding for travel and clerical support if members must attend meetings in Honolulu or elsewhere.

Committee members discussed the commission's scope and legal constraints. Council Member Kimball cited Hawaii statutes (HRS 107-28a and HRS 46-1.513), saying counties have authority to amend and update state building codes but must remain consistent with state law; “it doesn't say more restrictive necessarily,” Kimball said, noting the county has previously tailored code requirements to local conditions while preserving safety intent. The committee asked Corporation Counsel for a written memo clarifying whether the county is legally required to adopt more restrictive provisions than state standards; the counsel said she was not familiar with the specific phrasing and would follow up.

Members offered specific drafting suggestions. One committee member recommended broadening proposed membership language to include building materials expertise (selecting, testing and applying materials) rather than narrowly naming suppliers; Kimball recommended adding insurance expertise and explicit language about relevant professional licensure (engineers, architects) to help assess downstream effects on costs and insurance availability.

Chair Inaba said she would send a letter to the administration requesting that Department of Public Works staff be present at the council meeting when the bill is considered so department officials can provide technical input. The chair also asked for clearer language distinguishing the commission's role in reviewing department technical guidance and interpretations from the Board of Appeals' function, which handles appeals to final administrative decisions.

The committee took the procedural vote after discussion. The motion to forward Bill 127 to the full council with a favorable recommendation was moved by Council Member Kurkowitz and seconded by Council Member James Eustace; the chair announced, “Motion carries 8 ayes, 1 excused.” The bill will next be considered by the full Hawaii County Council; Corporation Counsel said she would provide the requested legal memo before further action.