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 subsection (a) 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 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 [
business, economic development, and tourism who has significant
experience in building [ mechanical and sewage disposal systems;] codes;
(4) One member representing the department of [
and industrial relations who has significant experience in elevator or
fire safety;] accounting and general services who has significant
experience in building design;
(5) One member representing the Structural Engineers Association of Hawaii; and
(6) One member representing the American Institute of Architects, Hawaii State Council."
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
appoint a subcommittee comprised of the four council members
representing county building officials, whose duty shall be to] recommend
any necessary or desirable state amendments to the model codes[ . Any
recommended state amendments shall require the unanimous agreement of the
subcommittee.] and standards identified in section 107-25, and shall
designate the staggering of the adoption of the codes and standards to be adopted,
amended, and updated at a frequency of no later than every six years in
accordance with section 107-28.
(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 section 107-24(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 utilized 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 amendments utilized 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 [
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
SECTION 4. Section 107-27, Hawaii Revised Statutes, is amended to read as follows:
[ Exemptions.] Design of state buildings. (a) Upon 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]
any county code amendments that are
inconsistent with the minimum performance objectives
of the Hawaii state building code or the objectives enumerated in this
; 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:
County building code authority to amend and adopt the state model
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. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act, upon its approval, shall take effect on July 1, 2013.
Hawaii State Building Code
Modifies the composition of the Hawaii State Building Code Council and revises the State Building Code. Effective July 1, 2013.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.