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ORDINANCE NO. 2887 BILL NO. (2000) a BILL for an ORDINANCE to AMEND CHAPTER 16.26 of the 'MAUI '. County CODE R.ELATING TO. INDI

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ORDINANCE NO. 2887 BILL NO. (2000) a BILL for an ORDINANCE to AMEND CHAPTER 16.26 of the 'MAUI '. County CODE R.ELATING TO. INDI ORDINANCE NO. 2887 BILL NO. 68 (2000) A BILL FOR AN ORDINANCE TO AMEND CHAPTER 16.26 OF THE 'MAUI '. COuNTY CODE R.ELATING TO. INDIGENOUS ARCHITECTURE BE -::fT~:ORDAlNED BY THE PEOPLE OF THE COUNTY OF MAUl: SECTION 1. Findings~ The Council f.inds that, architecture is one of the most important means of. cllitural expression for all peoples. Traditional Hawaiian archltecture, which may be aqcurateJ,y describ.ed as "indigenou~ archi tectu:tre" for the Hawaiian Islands, has g:r:eat aesthetic appeal and eG;onomic potential, in addition to its obvious cultural significance. The Council further f.inds that there is a growing interest in, and appreciation for,. indigenous architect1,lre among architects, developers, planners, Hawaiian cultural experts, visitors, and residents of Hawai .... i, including Hawaiians and non-Hawaiians. By -providing a tangible -link to Hawai ..... i of the past I as' well aE;! providing a way to nurtur.e Hawaiian values. in the present and future I indigenous architecture has immense cultural and historical significance .. Individual and,family homeowners.should be granted the express authority to genuinely utilize irtdiget:lous arc};J.itecture in their structures as a matter of cultural preservation and respect, as well as economic development . According to "The Architecture of Charles w. Dickey" (University of Hawaii Press, 1994), "architecture as existed in the Hawai·ian Islands prior t.o 1800 consisted primarily of huts of pili grass buiJ,t on . wooden pile supports." "Under A Maui Roof" (The Maui Publishing Company, 1994) states: Ancient Hawaiians had many forms of architecture, including some thirty-two kinds or classes of houses in the pre-European period.. Since the climate was mild, construction of these dwellings was relatively simple and consisted of either rock walls or wood frames for the bottom portion and thatch of different native grasses for the roof..roof .. They were sturdy and waterproof, and, with proper care and maintenance, could weather even the most severe storms. The entire framework was covered with th~tch, usually pili, lauhala, or sugar cane. A stone platform raised the entire floor above the ground. This was covered with small, smooth pebbles and covered with dry grass and layers of sturdy lauhala mats. Toward the latter part of the nineteenth-century,nineteenth-century I wooden framework was replaced with stone wall. As noted in "The Hawaiian Thatched House" (United States Department of the Interior, 1971), "thatched Hawaiian houses and temples reflected ancient Hawaii's structural needs in terms of climateclimate, I available materials, and social-religious conditions." The Council further finds that indigenous architecture can promote energy efficiency because some of its common features such as low-peaked roofs with large lanais and broad overhangs can lessen the need for air conditioning. In addition, one of the primary principles in traditional Hawaiian architecture is that development shall be in harmony with the natural environment. Indigenous architecture, therefore, helps to perpetuate an 2 appropriate Hawaiian sense of place and fosters culturally and ecologically sensitive development. By adhering to principles based on the judicious use of limited natural resources, indigenous architecture also decreases Hawai 'i' s reliance on external economic factors and engenders sustainable development. Moreover, unlike much Western residential development, the construction of homes based on the principles of indigenous architecture does not require the use of wood from old-growth forests. The Council further finds that, contrary to what may be one's initial perception, structures developed in accordance with traditional Hawaiian and similar Polynesian architectural concepts exhibit well-thought-out, time-tested design standards. Indeed, according to "The Hawaiian Thatched House": "Hawaiian thatched buildings found in the late 1700s and early 1800s were probably products of centuries of modifications. [T]hatched Hawaiian houses and temples reflected ancient Hawai'i's structural needs in terms of climate, available materials, and social-religious conditions. " History has shown that such structures are often sturdy enough to substantially survive tropical storms that destroy Western-style buildings. Consequently, indigenous architecture is consistent with public safety. The Council further finds that indigenous architecture carried great practical and religious significance in ancient Hawai .... i, as reported in "The Hawaiian Thatched House": Hawaiians used their houses for storage, shelter and security. The windowless, thatched structure, usually with only one door, satisfied these functions. To its owner, such a house was an integral part of his life; a 3 component in the interrelated patterned organization of his activities. It was part of an integrated whole. * * * If a chief's house was built with the proper observances and prohibitions, it was believed that the Hawaiian gods favored the owner; but if these were neglected the gods punished him. It was believed that a kingdom could be won or lost if the royal architect built improperly; or won if he was right. Temple and chiefs' house building activities were religious acts to Hawaiians. The Council further finds that other jurisdictions throughout the United States, particularly in the Southwest, have amended their building codes to support their native peoples' architectural heritage. Such amendments have exhibited cultural and environmental awareness. The Council further finds that the Building Code (currently, Chapter 16. 26A of the Maui Courity Code; to be redesignated as Chapter 16.26 with the Council's adoption of the 1997 Uniform Building Code, with amendments) should exhibit respect for the values. embodied in indigenous architecture. The Building Code should also encourage the preservation of existing structures that . exhibit. the principles of indigenous architecture, while also encouraging the development of new structures that incorporate indigenous architecture. In summary, the Council finds and declares as County policy that indigenous architecture furthers the County's compelling interests in cultural, environmental, and historic preservationi 4 energy efficiency; economic development; aesthetic beauty; and public safety. SECTION 2. Purposes. This ordinance's purposes are: 1. To· establish respect. for the principles of indigenous architecture in the Building Code; 2. To encourage the preservation of existing IPtructures that exhibit the principles of indigenous architecture; and 3. To encourage the development of new structures that incorporate indigenous architecture. SECTION 3. Chapter 16.26 of the Maui County Code is amended by adding thereto a new section, to be designated and to read as follows: "16.26A.3600 Chapter 3 6 added. The Uniform building code is amended by adding thereto a new chapter '. to be designated and to read ~s follows: Chapter 36 INDIGENOUS ARCHITECTURE Sec. 3601. Policy. This code .shall be administered with due consideration given·to the County policy that indigenous architecture furthe-rs the County's -compelling interests in cultural, environmental, and historic preservationj· energy efficiencYj economic development j aesthetic beauty: arid public· safety. For purposes of this section, indigenous architecture includes any of the predomi:nant architectural practices I customs, styles, and technigues historically employed by the native residents of the Hawaiian Islands, including st.ructures comprised of either rock. walls or wood frames for the bottom portion· of structures· and thatch of: different· native grasses and leaves for the roof. Sec. 3602. Rules. The Board of Code Appeals may enact rules to further the County policy on indigenous architecture.- Sec. 3603. Bill. Within twelve months of this section I s effective date, the building official shall submit a. proposed· bill to· the Council to revise this 5 chapter with thepumose of more equitably and efficiently furthering the county policy on indigenous architecture. The proposed bill shall specifically identify predominant architectural. practices, cus:toms, styles, and techniques historically employed by the native residents of the Hawaiian Islands· and their descendilmts. The proposed bill shall express general approval of such practlces, customs, styles, and technigues; to the extent that they do not conflict with the building cOde's overall. pu:r:poses. Prior to submi tting the proposed bill to the Council, the building official shall seek formal comments and recommendations on possible . means of furthering the County policy on indigenous architecture from the the Cultural Resources Commission, the Public safety Commission, the Subdivision -Engineering Standards Committee; . the Urban Design Review Board, the Maui chapter. of the American Institut.eof Architects, and the Dean~of the.School of Architecture, Universlty of Hawai 'i·at Manoa .. A report on any received comments and recommendations shail be transmitted to the Council wi ththe proposed bill. Prior to its submission to the Council,· the propos·ed ·bill -may be revised by the building offici~l in response to the received official comments and recommendations." ' SECTION 4. Chapter 16.26 of the Maui County Code is hereby amended by amending Section 16.26.104.2.8 to read as follows: "16.26;.104.2.8 Subsection. 104.2.8 amend$d. Section 104 of the Uniform Building Code is amended by amending subsection 104.2.8 to read as follows. 2.8. Alternate materials,
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