HOUSE OF REPRESENTATIVES
TWENTY-SEVENTH LEGISLATURE, 2014
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. The state building code council was created in 2007 to review and adopt a comprehensive suite of the latest editions of nationally recognized building codes and standards for the State of Hawaii. The staff and operating expenses of the council have never been funded, thereby limiting the effectiveness of the work of the nine voting members, who are state and county government regulators and private stakeholders. This Act adds building industry and trade representatives to the council membership, allows for the staggering of the code adoption time frame, defines and clarifies terminology, ensures that the laws governing building contractors do not conflict with the Hawaii state building codes, and makes an appropriation to fund the operations of the council.
SECTION 2. Section 107-21, Hawaii Revised Statutes, is amended as follows:
1. By adding two new definitions to be appropriately inserted and to read:
""Codes and standards" means nationally recognized minimum requirements for design and construction to safeguard life, property, and the general welfare.
"Hawaii state building codes" means the building codes and standards that the state building code council adopts under section 107-24."
2. By amending the definition of "hurricane resistive criteria" to read:
criteria" means the design criteria for enhanced hurricane protection
areas that are capable of withstanding a five hundred-year hurricane event, as
developed by the state department of defense for public shelter and residential
safe room design criteria."
SECTION 3. Section 107-22, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) There 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).]
(8). 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 Hawaii state energy office of the department of business, economic development, and tourism;
(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.
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 4. Section 107-23, Hawaii Revised Statutes, is amended to read as follows:
Executive director and executive assistant. (a) The council
shall appoint, exempt from chapters 76 and 89, an executive director, who shall
serve at the pleasure of the council, and who shall have administrative
abilities and [ expertise in engineering or architecture.] experience with the building industry. The
council shall also appoint, exempt from chapters 76 and 89, an executive
assistant, who shall have experience in statutory and administrative rulemaking
processes[ .] to assist in carrying out
the duties of the council under section 107-24. Other staff personnel may be
appointed, but shall not be exempt from chapters 76 and 89.
(b) The budgetary requirements for conducting meetings, training, travel, and other related functions of the council, including salaries of the executive director, executive assistant, and other staff personnel, shall be included in the budget of the department of accounting and general services."
SECTION 5. 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 comprehensive] the Hawaii state
building [ code.] codes.
(b) The council shall appoint a subcommittee [
composed 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[ .] and standards identified in section 107-25. Any recommended
state amendments shall require the unanimous agreement of the subcommittee. The council shall designate a staggered schedule for the
codes and standards to be adopted, amended, and updated. The frequency of the
adoption of any code or standard shall not exceed every three years. Any
recommended staggering of adoptions shall be based on a review and evaluation
of the utility of each code and standard 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 [
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 and adopt, as appropriate, new model building codes within eighteen months of the official publication date.
(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 [
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 Hawaii state building [ code]
codes adopted pursuant to this part.
(h) At the close of each fiscal year, the council shall make a written report to the governor on its activities, including the codes and standards established by the council."
SECTION 6. Section 107-25, Hawaii Revised Statutes, is amended to read as follows:
§107-25[ ] State] Hawaii state building [ code;] codes;
requirements. There [ is] are established [ a] the Hawaii state building [ code] codes applicable to all construction in the
State of Hawaii. The Hawaii state building [ code] codes
shall [ include:] be based upon the
(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] resistant
standards related to loss
mitigation standards in accordance with section 431P-12, [ for
residential construction, fire,] and elevator, [ electrical,
plumbing,] mechanical, flood and tsunami, existing buildings, [ and
energy conservation standards for building design and construction,] and
onsite sewage disposal standards."
SECTION 7. Section 107-26, Hawaii Revised Statutes, is amended to read as follows:
§107-26[ ] State] Hawaii
state building [ code;] codes; prohibitions. In adopting
[ a] the Hawaii state
building [ code,] codes, the
council shall not adopt provisions that:
(1) Relate to administrative, permitting, or enforcement and inspection procedures of each county; or
(2) Conflict with [
chapter] chapters 444 and 464."
SECTION 8. Section 107-27, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:
Exemptions.] Design of state
buildings; exemptions. (a) [ Upon] No later than one year after adoption of rules under this chapter, 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] codes, except that state building
construction [ shall be allowed to] may be exempted from:
(1) County codes that have not
adopted the Hawaii state building [
(2) Any county code amendments that
are inconsistent with the minimum performance objectives of the Hawaii
state building [
code] codes or the objectives enumerated in this
(3) Any county code amendments that are contrary to code amendments adopted by another county."
SECTION 9. Section 107-28, Hawaii Revised Statutes, is amended to read as follows:
County [ building code] authority to amend and adopt the Hawaii
state [ model] building [ code] codes without [ state]
council approval. (a) The governing body of each county shall
amend, adopt, and update the Hawaii
state building [ code] codes as [ it applies] applicable
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] Hawaii state
building codes and standards
listed in section 107-25, as the referenced [ model] Hawaii state
building codes and standards for its respective county building code ordinance,
no later than two years after the adoption of [ the] each Hawaii
state building code.
(b) If a county does not amend the [
model code] Hawaii state building codes
within the two-year time frame, the Hawaii state building [ code] codes
shall become applicable as an interim county building code [ until the county
adopts the amendments]."
SECTION 10. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2014-2015 for the operations of the state building code council, including salaries for staff personnel, training, travel, and technical assistance services.
The sum appropriated shall be expended by the department of accounting and general services for the purposes of this Act.
SECTION 11. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 13. This Act shall take effect on July 1, 2014.
State Fire Council Package; Hawaii State Building Code Council; Appropriation
Modifies the composition of the State Building Code Council and adds annual reporting requirements. Allows for the staggering of code adoptions and amends code requirements. Appropriates funds. Effective July 1, 2014. (HB1633 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.