Bill would exempt some farm structures from building code

BY ERIN MILLER | WEST HAWAII TODAY

The House Water, Land and Ocean Resources Committee ran out of time Tuesday morning before its members could vote on a bill exempting farm buildings from building permit requirements.

The bill, House Bill 2424, proposed allowing so-called “low-risk” structures on commercial farms or ranches. Rep. Denny Coffman, D-Keauhou, Kailua-Kona, Honokohau, said testimony was mostly supportive. The City and County of Honolulu opposed the measure, he said.

“My sense is, it’s something we’ll probably do,” he said.

The measure was deferred, but can be brought back up for a vote within a week, Coffman said.

Rep. Cindy Evans, D-North Kona, South Kohala, said Monday she supported the measure, because she believes it will encourage more people to farm. Removing the permit requirements streamlines one procedure farmers must follow, she said.

Reporting the building’s existence to the county is incumbent on the farmer, the measure said. Counties’ primary revenue source is from property tax collections, and adding a building to a property generally increases the property value. What if someone didn’t report the building?

Counties “are the ones that take care of buildings when there are violations,” Evans said. “They can fine them or something. I’m sure it’s already in law.”

Mayor Billy Kenoi said county officials have some concerns about the bill in its current form.

“We are in support of the intent of the bill, with regard to supporting our farmers,” Kenoi said. “We do have questions as to compliance, as to ensuring buildings are safe.”

He noted a lack of height and size restrictions as another area of concern. Legislators are aware of those questions, he said, and are looking at how to address them.

The measure would eliminate the need for building permits to construct or install such buildings as manufactured or pre-engineered structures, recycled cargo containers, greenhouses or other shade-cloth-covered structures, an aquaculture or aquaponics water storage or production tank, fences and one-story buildings with structural spans of 25 feet or less. Buildings with a span larger than 25 feet would also be exempted, if designed and engineered according to state building code.

Once constructed, it would be incumbent upon the owner to report the building’s existence to the fire department and county building permitting agency.

“We’re going to trust you, as long as you play by the rules,” Evans said, describing the philosophy behind the exemptions.

The exemption would apply only to commercial farms on 2 or more acres. That’s to prevent people growing a few plants for their own consumption from building unpermitted structures, she said.

The bill’s introduction notes that building codes historically “are the result of national efforts in the early 1900s to prevent large urban fires and mitigate large-scale fire losses.” The introduction also notes Hawaii’s lack of agricultural building exemption, something an unidentified number of states do have.

emiller@westhawaiitoday.com