Hawaii County committee forwards bill to create Construction Code Commission

The Policy Committee on Public Works and Mass Transit voted to forward Bill 127 to the full Hawaii County Council with a favorable recommendation after a wide-ranging discussion about local control, cost implications and coordination with state building codes.

Bill 127, introduced by council members Kerkowitz and James Eustace, would amend Chapter 5 of the Hawaii County Code (2016 edition, as amended) to establish a Construction Code Commission to advise the mayor, the council and the director of public works on adoption, updating, amendment and interpretation of county construction codes. The committee voted to send the measure on to the council following a motion by Council member Kerkowitz, seconded by Council member Eustace; the motion carried 8 ayes, 1 excused.

The commission is intended to provide regular, technical input from people who work with building codes, proponents said. Council member Kerkowitz said the panel would give community members with construction experience a formal role to "weigh in on the codes as they come through the county," and she urged that the membership remain open to a range of qualifications so no relevant expertise is excluded.

Supporters framed the proposal as a code-based, practical alternative to earlier charter-level efforts. Council member James Eustace said placing the body in county code — rather than the charter — would create an ongoing advisory function to both the administration and the council.

Several members pressed for clarity about the commission's scope and how it would interact with state requirements. Council member Onishi and others noted past local adaptations to the International Building Code and urged the commission to monitor both state and national developments so county rules reflect local conditions. Corporation Counsel offered to provide a memo clarifying statutory constraints after a request from the sponsor.

Council member Kimball cited Hawaii Revised Statutes provisions authorizing counties to amend, adopt and update state building codes and noted ordinances must be consistent with state statutes; he said that language suggests counties have some flexibility so long as they do not defeat the intent of state law. Kimball recommended the commission consider engaging with national code bodies and added that reviewing variances or denials by the director could be a possible commission duty.

Several members raised affordability concerns. Council member Villegas warned that some code requirements developed for mainland climates can add cost and complexity, creating a "fortress versus a shelter" effect that can push homeownership out of reach for local residents. Members suggested adding expertise on insurance and material selection to the commission and discussed possible needs for administrative support or modest funding to enable the commission to participate in external forums.

Before the vote, Chair Inaba emphasized the importance of department representation on code-related items and asked that Department of Public Works staff attend future hearings on the subject. With those assurances and openness to technical amendments, the committee moved the bill forward to the full council with the favorable recommendation.

The committee meeting convened at 10:30 a.m. in Hilo Chambers and concluded at 10:51 a.m.; the bill will next be considered by the full Hawaii County Council.