Council advances bill to create construction code commission after heated debate with public‑works officials

The Hawaii County Council on Feb. 18 advanced Bill 127 — to establish a Construction Code Commission to advise the mayor, council and Department of Public Works on county construction codes — after a day‑long debate about the panel’s scope and authority.

Supporters, led by Councilmember Connie Kirkowitz and Councilmember Ron Eustace, argued the advisory body will bring technical expertise to county reviews and help tailor state model codes to Hawai‘i Island conditions. “We need amendments that work for us and don't just automatically adopt codes that are more pertinent for the contiguous 48 states,” Kirkowitz said, urging colleagues to support the amended bill that adds licensure as one consideration for appointments and clarifies administrative support.

Public Works Director Wes Seagawa and Acting Building Chief Aaron Spielman warned the commission as drafted could create delays and duplicate existing processes. Spielman said the building division is “opposed to this bill” as written because a commission could add bureaucratic layers, staffing costs and slow director decisions; he recommended rewriting Section 5, item 4 (the commission’s review of technical guidance) or clarifying its advisory role.

Deputy corporation counsel Sinclair Salisbury Ferguson explained the legal framework: the State Building Code Council adopts model codes and counties have two years to amend them; the county retains authority over administrative permitting and enforcement but cannot adopt amendments inconsistent with the state code’s intent.

Members acknowledged those limits and voted to approve Bill 127 on first reading as amended (voice vote recorded as seven ayes, two excused), and asked the administration and departments to review the amended language before final reading. The council’s amendments added qualification language about experience and licensure, removed certain phrasing about suppliers, and specified clerical support for the commission.

Supporters said the commission aims to depoliticize technical code decisions and bring practitioners into early review. Opponents from the building division urged caution, saying advisory bodies can risk mission creep and unintended consequences on life‑safety regulation and permitting speed.

The council will consider final wording and a second reading at a later meeting. Department staff said they would review the amendment and return comments in advance of final action.