BILL4 (2021) Testimony

MISC. COM. 170

PIT From: CLKCouncil Info Sent: Monday, March 1, 2021 3:44 PM Subject: Public Infrastructure and Technology Testimony

Written Testimony

Name Ted Sakai Phone 808-722-3111 Email theodoresakaigmail.corn

Meeting Date 03-03-202 1 Council/PH Committee Public Infrastructure and Technology Agenda Item Bill 4 Fire Safety Your position on the matter Support Representing Organization Organization Safety Committee, AOAO 999 Wilder Avenue Written Testimony This is amended from testimony previous submitted. Testimony Attachment

Accept Terms and Agreement I

IP: 192.168.200.67 March 1, 2021

To: The Honorable Carol Fukunaga, Chair Committee on Public Infrastructure and Technology CityCouncil From: Ted Sakai, Chair Safety Committee, 999 Wilder Avenue Subject: Bill4 (2021) Relating to Fire Safety

The Safety Committee of the Association of Apartment Owners (AOAO)of 999 Wilder Avenue supports Bill4 (2021). We especially appreciate the provisions that restore the deadlines previously established in Ordinance 20-48. We will face a daunting challenge, whether we decide to install sprinklers or “opt out”. Either route will be a very complex undertaking that requires careful planning. As such we welcomed the extensions restored in Ordinance 20-48. The additional time is the very minimum we will need to adequately plan, design and finance the expensive improvements we will have to make as a result of Ordinances.

999 Wilder understands the importance of fire safety, not only for our residents, staff and visitors, but also for firefighters should we ever have a fire in our building. We are committed to making our homes as fire safe as possible. However, whether we install sprinklers or opt out, compliance will not be easy, and it will be very costly. • Either route will be disruptive for the residents because we will need to retro-fit new infrastructure in an existing residential building. Either route will entail construction in almost every livingspace in every apartment, as well as in well-trafficked common areas. We will need to obtain the services of professional planners, designers, and construction managers in order to ensure that any installations are done properly, and to minimize the disruption that will occur to residents. This will add a significant sum to the projected costs. • The projected costs will require that we obtain financing. This is not something we can implement through routine increases in our maintenance fees. Therefore, we will have to work with financial institutions to develop potential scenarios to obtain the loan necessary to comply with the Ordinance, This will be on top of another substantial loan we secured prior to 2017 to refurbish our plumbing system. We have years to go before that loan is paid off. It will be difficult for us to obtain financing in the near future without creating an undue burden on our owners. Therefore, the timing of any improvements will be crucial for us. • Likemost other older apartment buildings in Honolulu, we are facing other major capital improvements that will have to be addressed in the next five to ten years. This includes such basic matters as replacing our sewer connections and repainting to assure the integrity of the structure. To this end, we have developed capital reserves to assure that we will be able to maintain our building properly in the future. However, given the timelines that would be imposed by the ordinance, we may have to defer these projects. Moreover, this means that we will not be able to consider upgrades that simply make

1 sense, such as install alternate power sources or providing for charging stations for owners who prefer electric powered vehicles.

Apartments will need time to install fire safety improvements properly. This is a major undertaking that will be costly and disruptive. We need to properly plan and to obtain necessary financing. Bill4 (2021) gives us some relief.

Thank you very much.

Ted Sakai, Chair, Safety Committee, 999 Wilder Avenue

2 From: CLKCouncil Info Sent: Monday, March 1, 2021 5:23 PM Subject: Public Infrastructure and Technology Testimony Attachments: 2021 03011 72249_Fire_Sprinkler_Testimony.pdf

Written Testimony

Name Richard S. Ekimoto Phone 808-523-7021 Email [email protected]

Meeting Date 03-03-202 1 Council/PH Committee Public Infrastructure and Technology Agenda Item 4 Your position on the matter Support Representing Self Organization Ekimoto & Morris, LLC Written Testimony Testimony Attachment 20210301172249 Fire Sprinkler Testimony.pdf

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IP: 192.168.200.67

1 Richard S. Ekimoto John A. Morris — Gwenaelle Bratton Russell H. Ando ----i Dan C. Oyasato Jill M. Tsuchitori JamieL.DeMeHo EiqmDL) &

Al .,,,. 1 l.,o6tt, Of Counsel: Arlette S. Harada

March 1,2021

Honorable Carol Fukunaga, Chair Committee On Public Infrastructure and Technology City & County of Honolulu Council Honolulu Hale Honolulu, HI 96813

Re: Bill 4 (2021) Relating to Fire Safety Hearing on Wednesday, March 3, 2021 at 1:00 p.m. in Council Chambers

Dear Chair Fukunaga and Members of the Committee:

I am Richard Ekimoto and we are strongly in favor of Bill 4. CDI . Our law firm represents hundreds of high rise condominium associations in Honolulu and have been helping our clients with compliance with their compliance with the Life Safety’Evaluation requirements in the City Fire Code.

Ordinance 20-48 [Bill 75 (2020)] amended Section 13.3.2.26.2 of the Fire Code to increase by a year the deadline to conduct a life safely evaluation (“LSE”) and an additional year to pass the LSE. These changes were implemented because of the COVID- 19 issues faced by building management including condominium associations. Since then, Ordinance 21-3 [Bill 84 (2020)] amended the same section of the Fire Code, but inadvertently omitted the expanded time periods provided by Ordinance 20-48. Bill 4 (202 1),CDI will correct this error and reinstates the extensions that were in Ordinance 20-48. We strongly support the correction and adoption of Bill 4(2021). CDI.

Thank you for the opportunity to testify on this bill. If you have any questions, please feel free to contact me at 808-599-7236.

Very truly yours, /e%24 5’. (M RICHARD S. EKIMOTO FOR EKIMOTO & MORRIS, LLLC

RS L .iirtsr :6 .-\D\ IIN Fire Sprinkler Fire Sprinkler Testimonvrs pd

888 Mililani Street, Floor • Honolulu, 96813-2918 Telephone: (808) 523-0702 • Fax: (808) 538-1927 • www.hawaiicondolaw.com From: CLKCouncil Info Sent: Monday, March 1, 2021 10:30 PM Subject: Public Infrastructure and Technology Testimony Attachments: 2021 0301 22301 8_CCBiII4_TSY_in_Support.pdf

Written Testimony

Name Jane Sugimura Phone (808) 271-7447 Email jsugimurapac1awteam.com

Meeting Date 03-03-202 1 Council/PH Committee Public Infrastructure and Technology Agenda Item Bill 4 Your position on the matter Support Representing Organization Organization Hawaii Council of Associations of Apt. Owners OUncil of Written Testimony Testimony Attachment 2021030122301 8CCBill4TSYinSupport.pdf

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IP: 192.168.200.67 Hawaii Council of Associations of Apartment Owners DBA: HawaiiCouncil of Comrnuniy Associations 1050 Bishop Street, #366, Honolulu, Hawaii 96813

March 2, 2021

Hon. Carol Fukunaga, Chair Hon. Andria Tupola, Vice-Chair Committee on Public Infrastructure and Technology

Re: Testimony in Strong Support of Bill 4 Relating to Fire Safety Hearing: Wednesday, March 3, 2021. 1 p.m. in City Council Chambers

Chair Fukunaga, Vice-Chair Tupola and Members of the City Council:

I am Jane Sugimura, President of the Hawaii Council of Associations of Apartment Owners (HCAAO dba HCCA). HCCA urges passage of Bill 4. HCCA has been a strong supporter of the fire safety ordinances adopted in recent years relating to the establishment of the Life Safety Evaluation required by high-rise residential buildings in Honolulu. Last year as a result of the pandemic and emergency government orders, HCCA supported Bill 75(2020) which extended by 1 year certain deadlines established in ROH Sections 13.3.2.26.2 and 13.3.2.26.2.6 to (i) extend the date by which a life safety evaluation had to be conducted from May 3, 2021 to May 3, 2022; (ii) extend the deadline to get a passing score in a life safety evaluation from May 3, 2024 to May 3, 2025; (iii) extend the deadline for a high-rise building to apply for a permit to install a fire sprinkler system from 2 to 3 years after they that notify the of their decision to do so and (iv) extend the deadline for total protection of the building from May 3, 2030 to May 3, 2031. Bill 75 (2020) was approved by Mayor Caldwell on December 23, 2020.

Bill 84 (2021), which further amended Sections 13.3.2.26.2 and 13.3.2.26.2.6, to inter alia require the life safety evaluations to be submitted to the Honolulu Fire Department and to amend the “opt-out” provision to allow buildings to use written consent in lieu of a vote taken at an association meeting, was recently approved by Mayor Blangiardi; however, the deadline extensions that were approved in Bill 75(2020) were inadvertently omitted in Bill 84. Bill 4 corrects those errors and reinstates the deadline extensions that were in Bill 75(2020) and which should have been included in Bill 84(202 1).

Thank you for the opportunity to testify on this bill. S, Jru Sugimur N Presfrient 1 From: CLKCouncil Info Sent: Tuesday, March 2, 2021 1:58 PM Subject: Public Infrastructure and Technology Testimony Attachments: 202103021 35746_CC_BiIl_4.pdf

Written Testimony

Name PHILIP NERNEY Phone 8085371777 Email [email protected]

Meeting Date 03-03-202 1 Council/PH Committee Public Infrastructure and Technology Agenda Item Bill 4 Your position on the matter Support Representing Organization Organization Community Associations Institute Written Testimony Testimony Attachment 202 10302135746 CC Bill 4.pdf

Accept Terms and Agreement 1

IP: 192.168.200.67 HAWAII LEGISLATIVE .% communityACTION COMMITTEE ASSOCIATIONS INSTITUTE P.O. Box 976 Honolulu, Hawaii 96808

March 2, 2021 Chair Carol Fukunaga Vice Chair Andria Tupola Committee on Public Infrastructure and Technology 530 South King Street, Suite 100 Honolulu, Hawaii 96813

Re: Bill 4 (Proposed CD1) Dear Chair Fukunaga, Vice-Chair Tupola and Committee Members: The Community Associations Institute (“CAl”) supports the purpose and intent of Bill 4, in the form of the proposed CD1. It is appropriate to provide additional time for compliance, in light of pandemic-related impacts on condominium associations. Condominiums should not be penalized due to circumstances beyond their control.

It is also appropriate to address a technical defect in Ordinance 21-3. Applicable deadlines should be consistent.

Very truly yours,

Philip Nerney