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HB1
HOUSE OF REPRESENTATIVES
H.B. NO.
1
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO BUILDING CODES
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The
legislature finds that Hawaii is in a major housing crisis that continues to
worsen.
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State residents face the highest
housing costs in the nation.
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Median
housing costs are 2.7 times as high as the national level.
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Over the past year, the median price of a single-family
home sold in Hawaii was $825,000, and the median condominium price was
$600,000.
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Median single-family home and
condominium prices have more than tripled since the 1990s.
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These costs have further increased due to the
impact of the coronavirus disease 2019 (COVID-19) pandemic on building
materials and supply chains.
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Hawaii's
geographic location also adds to the cost of housing due to shipping costs and
high labor costs.
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The legislature also finds that over the
past two years, the share of households in the State that can afford mortgage
payments on a median single-family home has fallen from forty‑four per
cent to thirty per cent, which means that fewer than one in three households
can afford a typical single‑family home.
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Fewer than half of households can afford a
median condominium.
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The legislature further finds that high
housing costs lower the standard of living for residents and hinder the State's
ability to attract workers.
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Some
households are forced to live in crowded conditions, while others leave the
State to find housing elsewhere or are forced to survive without housing at
all.
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The legislature further finds that Act 82,
Session Laws of Hawaii 2007 (Act 82), established the state building code
council.
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In enacting Act 82, the
legislature found that adopting a uniform set of statewide building codes
applicable to one and two family dwellings, all other residential uses, and
commercial and industrial buildings, and state buildings would make it possible
for building owners, designers, contractors, and code inspectors within the
State to apply consistent standards.
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The
legislature also noted that at the time, the International Building Code was
being considered for adoption by all counties.
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The legislature also found that health and
safety considerations related to the codes are of statewide concern, especially
relating to emergency disaster preparedness.
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The legislature notes that pursuant to
section 107-22, Hawaii Revised Statutes, the state building code council currently
comprises four county building officials, four other government officials, and
four individuals from the private sector, one of whom is required to be an
individual representing the Building Industry Association of Hawaii or the
General Contractors Association of Hawaii.
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The legislature finds that since its
creation, the state building code council has struggled with limited funding
and staffing support.
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Also, as a
majority of the council consists of government officials, the private sector
has voiced concerns, particularly with respect to codes, that the council has
adopted changes to address public health and safety with little or no
consideration of increasing overall construction costs in Hawaii.
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The legislature recognizes that pursuant to
section 107-28, Hawaii Revised Statutes, the governing bodies of the counties
have a duty to amend, adopt, and update the Hawaii state building codes as they
apply within their respective jurisdiction, without approval of the state
building code council.
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As the
recommended commercial and residential codes are updated and adopted every
three years at the national level, the two-step process in Hawaii, which
requires the state building code council to first adopt the state building
codes, results in a delay of the adoption of those codes.
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This is contrary to the intent of Act 82,
which was the adoption of a uniform set of statewide building codes.
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Accordingly, the purpose of this Act is to
amend the process for the adoption of state building codes by streamlining the duties
of the state building code council.
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SECTION
2
.
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Section 107-24, Hawaii Revised Statutes, is
amended to read as follows:
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"
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107-24
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Authority
and duties of the council.
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(a)
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Any law to the contrary notwithstanding, the
council shall establish the Hawaii state building codes.
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(b)
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The council shall [
appoint a subcommittee
comprising the four council members representing county building officials,
whose duty shall be to recommend any necessary or desirable state amendments to
the codes and standards identified in section 107-25.
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Any recommended state amendments shall
require the unanimous agreement of the subcommittee.
]
conduct a
financial analysis of all proposed new codes and standards.
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(c)
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The council shall [
adopt, amend, or update codes and standards
identified in section 107-25 on a staggered basis as established by the
council; provided that adoption of a code or standard shall be
within two years of the official publication date of the code
or standard, pursuant to chapter 92, and exempt from the requirements of
chapter 91.
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If the council does not
adopt a code or standard identified in section 107-25 within the two-year time
period, that code or standard shall automatically become part of the Hawaii
state building code until superseded by the adoption of an amended version of
the code or standard by the council pursuant to this subsection.
]
determine which codes and standards are for the
protection of public safety and which are not.
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(d)
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The council may
hire or
appoint [
other
investigative, technical expertise committees, which may include council members.
]
persons who are not members of the council to conduct any financial analysis
required by subsection (b).
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(e)
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The council shall consult with general
building contractor associations [
and
]
,
building trade
associations
, and developers of commercial and residential projects
to
gather information and recommendations on construction practices [
and
]
,
training
, and cost implications
relevant to building codes and
standards.
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(f)
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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.
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(g)
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The council 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 Hawaii state building codes adopted pursuant to this part.
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(h)
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The council shall submit to the governing body of each county, on a
staggered basis as established by the council, recommendations on which codes
and standards identified in section 107-25 should be adopted, amended, or
updated by the county; provided that each recommendation for the adoption of a
code or standard shall be made within two years of the official publication
date of the code or standard, and shall be accompanied by the financial
analysis required by subsection (b).
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The
governing body shall adopt the code or standard pursuant to chapter 92, but
shall be exempt from the requirements of chapter 91.
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If the council does not make a recommendation
regarding a code or standard identified in section 107-25 within the two-year
time period, the governing body of each county may consider that the council
recommended the adoption of the code or standard.
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[
(h)
]
(i)
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At the end of each fiscal
year, the council shall submit a written report to the governor on the
council's activities, including the codes and standards adopted, amended, or
updated by the council."
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SECTION 3.
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If any provision of this Act, or the application thereof to any person
or circumstance, is held invalid, the invalidity does not affect other
provisions or applications of the Act that can be given effect without the
invalid provision or application, and to this end the provisions of this Act
are severable.
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SECTION 4.
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This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.
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SECTION 5.
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Statutory material to be repealed is bracketed and stricken.
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New statutory material is underscored.
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SECTION 6.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
State
Building Code Council; Duties; Recommendations; Analysis
Description:
Amends
responsibilities of the State Building Code Council.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.