HOUSE OF REPRESENTATIVES
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO THE STATE BUILDING CODE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 107-22, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
is established a state building code council. The council shall be placed
within the department of accounting and general services for administrative
purposes only. The council shall consist of [
nine] eleven voting
members and one nonvoting member, who shall be the comptroller or the
comptroller's designee. [ The council members shall serve four-year terms as
defined in paragraphs (1) to (6).] The voting members shall include:
(1) One county building official from each of the four counties appointed by the mayor;
(2) One member representing the state fire council;
(3) One member representing the department
of health who has significant experience in building mechanical and sewage
disposal systems; (4)] (3) One member representing the
department of labor and industrial relations who has significant experience in
elevator or fire safety;
(4) One member representing the department of business, economic development, and tourism Hawaii state energy office;
(5) One member representing the Structural Engineers
Association of Hawaii; [
(6) One member representing the American Institute of
Architects, Hawaii State Council[
(7) One member representing the Building Industry Association of Hawaii or the General Contractors Association of Hawaii who has significant experience with building codes; and
(8) One member representing the Subcontractors Association of Hawaii who has significant experience with building codes.
The council members shall serve four-year terms.
Six] Seven voting members
shall constitute a quorum. The chairperson of the council shall be elected
annually from among its members by a majority vote of the members of the
SECTION 2. Section 107-24, Hawaii Revised Statutes, is amended to read as follows:
Authority and duties of the council. (a) Any law to the contrary
notwithstanding, the council shall establish a recommended comprehensive
model state building code[ .] that shall be a part of a loss
reduction plan that complies with the development of loss mitigation standards
in accordance with section 431P-12.
(b) The council
shall appoint a subcommittee [
comprised of the] comprising four
council members representing county building officials, whose duty shall be to recommend
any necessary or desirable state amendments to the model codes[ .] and
standards identified in section 107-25. Any recommended state amendments
shall require the unanimous agreement of the subcommittee. The council
shall designate the staggering of the adoption of the codes and standards to be
adopted, amended, and updated. The frequency of adoption of any code or
standard shall not exceed every six years. Any recommended staggering of
adoptions shall be based on a review and evaluation of the utility of each
model code identified in section 107-25 when each edition is published.
(c) The council may appoint other investigative, technical expertise committees, which may include council members.
(d) The council
shall consult with [
general] building contractor associations and
building trade associations to gather information and recommendations on
construction practices and training relevant to building codes and standards.
(e) The council
shall review the codes and standards identified in section 107-25 and
,] recommended state amendments, as appropriate, [ new
model building codes] pursuant to subsection (b), within eighteen
months of the official publication date[ .] of the respective code or
standard. At least every two years, the council shall disseminate an itemized
report of the substantially uniform code amendments adopted by at least three counties.
(f) The council may make expenditures for technical references, equipment and supplies, and other operating expenses, and may contract for the conduct of research studies and other technical services.
(g) The council
shall] may provide education and technical training and
administrative assistance in the form of services or grants at the state and
county levels relating to the implementation and enforcement of the state
building code [ adopted pursuant to this part.] and loss mitigation
standards in accordance with section 431P-12."
SECTION 3. Section 107-25, Hawaii Revised Statutes, is amended to read as follows:
State] Hawaii state building code; requirements. There is
established a Hawaii state building code applicable to all construction
in the State of Hawaii. The Hawaii state building code shall include[ :]
the following codes as amended by the substantially uniform code amendments
adopted by at least three counties:
(1) The latest edition of the state fire code as adopted by the state fire council;
(2) The latest edition of the Uniform Plumbing Code, as copyrighted and published by the International Association of Plumbing and Mechanical Officials, including its appendices;
(3) The latest edition of the International Building Code, the International Residential Code, and the International Energy Conservation Code, as published by the International Code Council;
(4) The National Electrical Code, as published by the National Fire Protection Association;
(4)] (5) Hawaii
design standards implementing the criteria pursuant to Act 5, Special Session
Laws of Hawaii, 2005, as applicable to:
(A) Emergency shelters built to comply with hurricane resistant criteria, including enhanced hurricane protection areas capable of withstanding a five hundred-year hurricane event as well as other storms and natural hazards; and
(B) Essential government facilities requiring continuity of operations; and
(5)] (6) Code provisions based on
nationally published codes or standards that
include, but are not limited to, residential and hurricane resistive standards
for residential construction, [ fire,] elevator, [ electrical,
plumbing,] mechanical, flood and tsunami, and existing buildings [ ,
and energy conservation standards for building design and construction, and
onsite sewage disposal]."
SECTION 4. Section 107-27, Hawaii Revised Statutes, is amended to read as follows:
Exemptions.] Design of state buildings. (a) [ Upon] No later than one year after
adoption of [ rules] substantially uniform code amendments by at least
three counties under [ this chapter,] section 107-28, and as
reported by the council under section 107-24(e), the design of all state
building construction shall be in compliance with the Hawaii state
building code [ within one year of its effective date, and], except
that state building construction shall be allowed to be exempted from:
(1) County codes that have not adopted the state building code;
(2) Any county code amendments that are inconsistent with the minimum performance objectives of the Hawaii state building code or the objectives enumerated in this part; or
(3) Any county code amendments that are contrary to code amendments adopted by another county.
(b) Exemptions shall include county ordinances allowing the exercise of indigenous Hawaiian architecture adopted in accordance with section 46-1.55."
SECTION 5. Section 107-28, Hawaii Revised Statutes, is amended to read as follows:
§107-28[ ]] County
building code authority to amend and adopt the [ state] model state
building [ code] codes without state approval. (a) The
governing body of each county shall amend, adopt, and update the model
state building code as it applies within its respective jurisdiction, in
accordance with section 46-1.5(13), without approval of the council. Each
county shall [ use] amend and adopt the model state codes
and standards listed in section 107‑25,
as the referenced model building codes and standards for its respective county
building code ordinance, no later than two years after the adoption of [ the
state building code.] each of the model codes by the state building code
council pursuant to section 107-24.
(b) If a county
does not amend the [
statewide] model [ code] state codes and
standards within the two-year time frame, the model state building [ code]
codes defined in section 107-24(e) shall become applicable as an interim
county building code until the county adopts [ the] its
SECTION 6. Section 107-29, Hawaii Revised Statutes, is amended to read as follows:
Rules. The department shall adopt rules pursuant to chapter 91 as may
be necessary for the purposes of defining the Hawaii state building code
to consist of the codes and standards identified in section 107-25 and any
substantially uniform amendments adopted by at least three counties in
accordance with this part."
SECTION 7. Section 431P-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The Hawaii hurricane relief fund shall have the following general powers:
(1) To sue and be sued;
(2) To make and alter policies for its organization and internal administration;
(3) To adopt rules in accordance with chapter 91 to effectuate the purposes of this chapter;
(4) To borrow moneys, including but not limited to moneys from state or federal sources and to issue notes or other obligations of the fund for the purposes of providing funds for any of its purposes as authorized by the legislature from time to time;
(5) To pledge, assign, or grant a security interest in all or any part of the moneys, rents, charges, assessments, or other revenue and any proceeds thereof derived by the fund; provided that any pledge, assignment, or grant of security interest shall constitute a lien and security interest on such money, rents, charges, assessments, or other revenue, and any proceeds thereof to the extent and with the priority set forth in the document establishing the pledge, assignment, or security interest, without the necessity for physical delivery, recording, or further act; and provided further that in effectuating any pledge, assignment, or grant of security interest, the fund may do either or both of the following:
(A) Transfer possession of collateral to its secured parties; or
(B) Execute and cause to be filed at the
bureau of conveyances of the State of Hawaii, Uniform Commercial Code financing
statements for the purpose of providing notice to third parties of a pledge,
assignment, or grant of security interest; provided that any failure to file a
financing statement or the filing of a financing statement that contains
incomplete or inaccurate information shall not affect the perfected lien and
security interest of the pledge, assignment, or grant of security interest; [
(6) Enter into contracts as necessary to effectuate
the purposes of this chapter[
(7) Provide funding for the state building code council for activities that are a part of a loss reduction plan that complies with the development of loss mitigation standards in accordance with section 431P-12."
SECTION 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 10. This Act shall take effect on July 1, 2013.
Hawaii State Building Code; Appropriation
Modifies the composition and quorum of the Hawaii State Building Code Council and revises the State Building Code. Authorizes the Hawaii Hurricane Relief Fund to provide funding for the State Building Code Council for activities that are a part of a loss reduction plan. Effective July 1, 2013. (HB763 CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.