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Hawaii County Council advances local construction code commission after amendment
Summary
The council approved Bill 127 on first reading as amended to create an advisory Construction Code Commission to review proposed county code amendments and provide technical advice. Supporters said local expertise will improve code decisions; Public Works and the building division warned it could add delay. 7‑0 (2 excused) on first reading.
The Hawaii County Council voted on Feb. 18 to advance Bill 127 — creating a Construction Code Commission to advise the mayor, council and the director of public works on adoption, amendment and interpretation of county construction codes — on first reading as amended.
Council member Kerkowitz, who led amendments to the bill, said the commission would provide “a formal, transparent, and technically grounded advisory body to help the county navigate” complex code decisions and to surface unintended consequences before they become systemic. “When we have folks in the community on this commission taking a look at codes that they actually utilize they can surface unintended consequences before they become systematic problems,” she said.
Supporters argued the measure would bring local expertise and reduce political pressure on technical code decisions. “I see it as an opportunity to really depoliticize, especially the technical analysis when it comes to the code,” Council member Eustace said.
Department of Public Works Director Wes Seagawa and Acting Building Chief Aaron Spielman urged caution. Spielman said his division opposed the bill as written because “there will be bureaucratic layers added to the system … that ultimately the commission may slow down decisions being made by the director.” Director Seagawa asked for time to review amendments and flagged the risk that advisory groups sometimes act beyond their authority.
Deputy corporation counsel Sinclair Salisbury Ferguson outlined the legal framework for state and county code adoption, explaining that the State Building Code Council adopts model codes and counties then have statutory windows to amend them. Ferguson said the county retains authority over administrative permitting and enforcement but that counties are limited in changing technical elements that would defeat the state code’s intent.
Council members and department staff debated specific powers in the bill (notably a provision authorizing review of technical guidance and director interpretations). Multiple speakers suggested revising that item to avoid unintended delays in departmental operations; the measure was amended in response to those concerns.
The motion to approve Bill 127 on first reading as amended carried by voice vote (recorded as 7 ayes; two members excused). The measure will return for further readings with the committee amendments in place.
What happens next: the council approved Bill 127 on first reading as amended; any further changes will be considered at second reading and final vote. The administration will have an opportunity to review the amendment language before final action.
