Category Archives: Alternative Building Methods

Advocating recycled and naturally renewable building materials such as bamboo and Strawberry Guava that are excellent for construction but are currently not “legal”.

Please sign, share, forward…

A draft of an Alternative Building Code is stalled in the Dept of Public Works…

help ask Mayor Kenoi to move it forward!

http://www.thepetitionsite.com/653/323/248/move-forward-on-alternative-building-codes/

It is common knowledge, since the controversy over Bill 270, that alternative building legislation has broad support island wide and is long overdue. It has the potential to offer great relief to the occupants of over 7,000 non-compliant homes and to County staff that have the impossible task of enforcing the current building codes.

Councilman Zendo Kern has researched and written a draft for an alternative building code bill and submitted it to DPW for their review and comments, but nothing has happened for a long time.

 

The Department of Public Works has sidelined this initiative and has effectively stalled the process.

 

In Hawaii, the building codes are hugely complex and create big extra expenses for small owner/builders.  They require buildings to be overbuilt for this mild climate, mandating construction techniques that are not needed here and materials that must be shipped in from far away.  We want to be able to build with local and recycled materials, using innovative techniques.

Thousands of people have simply chosen to quietly build their own homes with no permits or codes.  These people live in fear that they will be reported.  The county policy is to ignore the many people living this way until there is a complaint, and then the laws are selectively enforced.

Help us ask Hawaii Mayor Kenoi to get this moving!

Thanks so much!

Graham Ellis,

Chairperson, Hawaii Sustainable Community Alliance

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Open Letter to Mayor Kenoi- Support Sustainable Building code

Open letter to Mayor Kenoi regarding ALTERNATIVE BUILDING CODE LEGISLATION

Dear Mayor Billy Kenoi

The Hawaii Sustainable Community Alliance requests that you give your support to the introduction of ALTERNATIVE BUILDING CODE LEGISLATION that has been drafted by Councilman Zendo Kern and stalled by your Department of Public Works.

Our Alliance (see <http://www.hawaiisustainablecommunity.org/>www.hawaiisustainablecommunity.org) represents 32 local organizations and over 600 members statewide.

We wrote and introduced the alternative building code resolution that was unanimously adopted by the County Council in October 2011. This resolution called upon the DPW to “establish an alternative building code.” Our members are significant stakeholders in this process and have been patiently waiting for some action to occur since this resolution.

As a result of our extensive research on alternative building codes used in other U.S. Counties we wrote and submitted a draft to DPW in March 2012. Despite meetings and requests for more meetings the process was totally stalled by DPW.

During the 2012 election many local residents actively campaigned in support of Council Member Zendo Kern because his primary platform was for an alternative building code. Councilman Kern has also researched and written a draft for an alternative building code bill and submitted it to DPW for their review and comments.

Once again your Department of Public Works has sidelined this initiative and has effectively stalled the process again. It is common knowledge, since the controversy over Bill 270, that alternative building legislation has broad support island wide and is long overdue. It has the potential to offer great relief to the occupants of over 7,000 non-compliant homes and to County staff that have the impossible task of enforcing the current building codes.

We ask that you step in to move this draft out of the DPW  so that it can be formally introduced to the County Council in the very near future. Please inform us of any action you take in this matter.

Sustainably yours, Graham Ellis ,

Chairperson, Hawaii Sustainable Community Alliance.

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What happened to HB111? in 2013

On March 21, the Senate Water and Land and Public Safety Committees held a joint hearing on the Sustainable Living Research Act bill. They voted to defer it. This means the bill is no longer alive this session. Senator Malama Solomon, the Water and Land Committee Chair acknowledged the substantial amount of written testimony in support of the bill. Elizabeth Dunne, an environmental attorney who has been helping the Alliance with the bill’s language and lobbying efforts, provided live testimony in support and answered committee members’ questions.

While the legislators supported the concept, they were ultimately concerned about a number of issues raised by the counties who testified in opposition. County of Hawaii’s Planning Director, who testified in person against the bill, cited concerns about enforcement and liability and questioned whether the planning department was the best entity to administer the permit process.

The great news is that we got pretty far this year — through all the House committees!!

This means that the bill will start in the Senate next year. Moving forward, we need to: (1) further engage the planning departments of all counties to address their concerns about the sustainable living research site act permit process; (2) continue to educate the legislators on this important issue; (3) build a network of supporters on all islands; and (4) work on the language of the bill to best achieve our objectives while accounting for the concerns raised by interested parties.

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What is the status of HB111

Dear Ones,

Thanks all for your work with this site.  I was just newly directed to it today by Terra of the Hawaiian Sanctuary.

I have a large parcel of land, 84 acres, near Leilani yet under current laws and because of county water regulations it can have only one home on it.

Will someone(s) please post the status of HB111 since public comment ended on 3/21/2013?

I can find nothing on this site or on the government linked web site?

From over an hour reading articles and posts on your site and the government HB111 pages, it sounds like if HB111 is approved then the 84 acres could be parceled into 15 acre sections to meet the requirement of this Bill.  If this bill has passed the house does it have to go through the senate?  Regulations be written and signed it to law?  How long might this process take?  I know next to nothing of government processes.

Mahalo Nui,

Uncle Chucka

 

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Sustainable Living Resolution, October 2nd

The Hawaii Sustainable Community Alliance is working towards amending current laws to allow more eco-friendly practices, communities and buildings.

This resolution (302-12) urges the Hawaii State Legislature enact legislation to establish Sustainable Living Research Sites on parcels less than 15 acres that are designated “agricultural” under state law in Hawaii. It would allow applicants to request exemptions from County Codes for approved sustainable living research activities.

This would provide a way for people to come into compliance, and be able to learn about new ways of living that are ecological. They could work on how to: conserve and harvest fresh water; conserve and improve topsoil without expensive or toxic inputs; increase local food quality and security using organic methods and local materials; increase biodiversity and protect wildlife; provide onsite waste treatment and recycling with minimal or zero air and surface or ground water pollution, and many other techniques.

Why did the Hawaii Sustainable Community Alliance propose the Sustainable Living test sites on parcels up to 15 acres? A number of you have asked us this. We put that in our resolution because the County council only has jurisdiction over parcels of up to 15 acres. Over that size, the State Land Use Bureau in Oahu has to make the decisions. So our resolution is only for the county level. Please email or come and testify that you like this proposal, but you would rather have it apply to larger parcels. We would like to change the wording to be “parcels more than one acre”. We need your help to ask for that change. Thanks ! Amara

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Sustainable Living Research Resolution proposal

PROPOSAL FOR A RESOLUTION

BY THE HAWAII COUNTY COUNCIL

Concerning Sustainable Living Research Sites in the State of Hawaii

7/1/12

 

The purpose of this Resolution is to support the worldwide transition to a livable, just, and sustainable civilization, by requesting and urging the Government of the State of Hawaii to enact legislation that would allow Hawaii’s County governments to permit the establishment and operation of “Sustainable Living Research Sites” on lands designated “agricultural” under state law [when the land involved is less than fifteen acres in size?].

 

A Sustainable Living Research Site is an area of land on which the legal owners and/or occupants are permitted to engage in activities and erect structures that might not otherwise be permitted under state and/or county law.

 

THE RESOLUTION

 

WHEREAS it is widely recognized that increases in human population, declining natural resources (topsoil, forests, fisheries, minerals, and fuels), rising levels of air and water pollution, climate change, unemployment, poverty, and other dangerously disruptive trends require immediate and creative responses by private and governmental entities of all sizes, at all levels; and

 

WHEREAS the “Hawaii 2050” plan calls upon all sectors and individuals to take action for the sustainability of the state’s economy, resources, environment, and quality of life; and

 

WHEREAS the County of Hawaii Resolution 249-09 adopted the “Sustainability Primer” which recognizes that there are “structural barriers that actually prevent people from being able to meet their own needs;” and

 

WHEREAS many citizens, families, organizations, and communities of Hawaii are ready, willing, and able to develop, test, refine, and implement a wide range of innovative methods, technologies, and holistic systems that increase the productivity, resilience, health, and sustainability of Hawaii’s economy, ecosystems, people, and culture; and

 

WHEREAS truly sustainable living frequently involves new and innovative methods, technologies, and holistic systems that conserve, harvest, and produce energy; increase net-negative CO2 output (“forests versus fires”); conserve and harvest fresh water; conserve and improve topsoil without expensive or toxic inputs; increase local food quality and security using organic methods and local materials; increase biodiversity and protect wildlife; provide onsite waste treatment and recycling with minimal or zero air and surface or ground water pollution; increase the supply of affordable housing by using on-site timber and re-using/recycling discarded/”waste” lumber, windows, plumbing supplies, and other manufactured goods; reduce the need for and use of imports from distant places while increasing the use and employment of local materials, labor, skills, and products; enrich neighborhood educational, vocational, and cultural opportunities for all ages while enhancing their experience of place and community; reduce the need for expensive public infrastructure and services; stimulate private investments in sustainable development; and

 

WHEREAS the development, testing, and refining of the aforesaid methods, technologies, and holistic systems for sustainable living frequently requires activities and structures that Hawaii’s County Governments might not be authorized to permit on lands designated “agricultural” under state law; and

 

WHEREAS a Sustainable Living Research Site is an area of land on which the legal owners and/or occupants are permitted to engage in activities and erect structures that might otherwise be prohibited or unduly constrained by state and/or county law;

 

NOW, THEREFORE, BE IT RESOLVED that the Hawaii County Council supports the establishment of Sustainable Living Research Sites in Hawaii and hereby requests and urges the Government of the State of Hawaii to enact legislation which authorizes Hawaii’s County Governments to permit Sustainable Living Research Sites [on areas of less than fifteen acres?] on land designated “agricultural” under state law; and

 

BE IT FURTHER RESOLVED that the Hawaii County Council will work with state officials to prepare and promote such legislation.

 

 

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Have you broken these rules for contractors?

As usual most anything can be done legally (though not necessarily well) if one pays a lot of money to engineers and contractors.
Here is a relevant HAR DCCA chapter (77) regarding contractors:

http://hawaii.gov/dcca/pvl/har/har_77-c.pdf

Sixty (60!) pages. Starting on page 42 of the PDF is Exhibit A, specialty contractor classifications.

I haven’t tried to look up similar docs for engineer licensing. Too depressing.

In any case it’s obvious that in the alleged state of Hawai’i mere mortals who happen to know how cannot do anything “sustainable” in these domains. Only licensed engineers and contractors can. Legally, that is.

I wonder what percentage of Puna residents have *not* broken at least one of these rules?

JOhn

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Oregon Ecovillage links

In Oregon in general, Recode Oregon is a great resource, with relevant activities re code issues in diverse parts of the state:
http://www.recodeoregon.org/

Portland is buzzing with related activity. At least seven Cohousing groups listed in the CohoUS directory, find them here by scrolling down to Oregon:
https://www.cohousing.org/directory

The FIC site has a directory of intentional communities, here’s Oregon’s listing:
http://directory.ic.org/intentional_communities_in_Oregon

Some particular ones I know of include Tryon Community:
http://tryonfarm-org.cftvgy.org/share/

Columbia Ecovillage:
http://columbiaecovillage.org/

Kailash Ecovillage in SE:
http://www.kailashecovillage.com/

City repair (founded and still headquartered in Portland) may have info on ecovillage activities as well, plus being a live example of reclaiming the commons and asking for forgiveness rather than permission:
http://cityrepair.org/

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Planning and Zoning for Ecovillages

The best article l’ve found on Planning and Zoning for Ecovillages is

<http://www.smartcommunities.ncat.org/articles/ecoville.shtml>

and be sure to check out our sister organization on Maui and their excellent power point presentation on ecovillage zoning
<http://mauisustainablecommunities.wikispaces.com/>

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Legality of the Complaint Driven Process of Building and Land Usage Inspections

The Complaint Driven Process of Building and Land Usage Inspections

Are these processes or action themselves illegal (under County, State or Federal constitution and/or other applicable laws relating to due process and similar)?

Points are:

* No criteria or process at county level for determining validity of complaint. Might the county be setting itself up for liability/legal action by prosecuting a fraudulent or otherwise invalid “complaint”?

* Anonymity of accuser. Is this permissible in civil or criminal court? That the accused not be allowed to know who the accuser is? If not, then how can it be allowable in this context?

* Accused is presumed guilty. This is in direct contradiction to our civil and criminal legal systems where accused is presumed innocent pending attempts to prove guilt.

* No formal procedure to respond to complaints. Again this is not allowed in our civil or criminal legal system. Could this be grounds for a civil lawsuit against the county?

I’m NOT advocating lawsuits against the county pre-emptively.
I’m suggesting that IF such lawsuits would have firm legal ground, the county needs to be aware of this and be aware that by doing what they’re doing WRT their current complaint process, they are putting themselves at risk of such lawsuits.

cheers,
John S.

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