RELATING TO BUILDING CODES.

HB1725

HOUSE OF REPRESENTATIVES

H.B. NO.

1725

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to building codes
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

PART I

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SECTION 1.
�
The legislature finds that when a county
allows construction to begin before a final building permit is issued, such as
through phased approval, foundation-only permits, or the city and county of
Honolulu's special assignment inspection process, subsequent delays in the
final permit issuance may result in a change to the applicable building code
mid-project.
�
For projects already under
construction, a forced building code change often triggers redesigns,
demolition, and rework that materially increase costs and delay
completion.
�
Freezing the applicable
building code as of the date a complete permit application is accepted or the
date any authorization to proceed is granted protects owners and contractors
from these midstream costs.

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The legislature further finds that
the county permitting backlog occasionally has prolonged approval timelines,
which magnifies the risk that a code may change before a final permit is
issued.
�
A clear statewide rule that
fixes the applicable building code at the outset, while preserving a narrow
safety exception, will provide predictability, reduce rework, and speed
delivery of housing and other needed construction.

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The purpose of this part is to
establish that once a county accepts a complete building
permit application or issues an authorization to proceed with construction, the
applicable building codes, standards, and county amendments shall be fixed for
the life of the permit, subject only to limited life-safety exceptions and
ordinary permit expiration rules
.

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SECTION 2.
�
Chapter 46, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:

����
"
�46-
�
Building
codes; point-in-time applicability; permit application acceptance;
authorization to proceed with construction.
�

(a)
�
The
applicable building codes shall remain in effect for the term of any project at
the time the county
:

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(1)
�
Accepts a complete
building permit application; or

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(2)
�
Issues an authorization
to proceed with construction.

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(b)
�
The applicable code fixed under this section
shall govern plan review, permit issuance, inspections, and issuance of a
certificate of occupancy for the project.

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(c)
�
No county shall require compliance with any
building code, standard, or county amendment adopted after an application has
been accepted or an authorization has been issued pursuant to subsection (a) as
a condition of continuing plan review, permit issuance, inspection, or
certificate of occupancy for a project; provided that a county may require
compliance with amendments if the county building official issues written
findings that:

����
(1)
�
A subsequently
adopted code amendment addresses an imminent threat to life or safety that is
directly implicated by the permitted scope of work for the project; and

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(2)
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The requirement
is narrowly tailored to address that threat without imposing unrelated upgrades
for the project.

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(d)
�
If there is a material change in the project
scope after an application has been accepted or an authorization has been
issued pursuant to subsection (a), then a revised building permit application
shall be submitted.
�
The applicable code
for the revised project shall be the building codes in effect on the date
the county
accepts the revised complete
building permit application or issues an authorization to proceed with
construction on the revised project.

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(e)
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The applicable
code fixed under this section shall remain in effect for the life of the permit
and any extensions granted under the applicable building code's permit expiration
rules; provided that the applicant diligently pursues the permit.

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(f)
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Nothing in this section shall limit a county's
authority to suspend or revoke permits or authorizations for cause or to
enforce stop-work orders.

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(g)
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Each county shall adopt or amend its
ordinances as necessary to implement this section.
�
The ordinances shall include criteria for:

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(1)
�
Administrative
completeness;

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(2)
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Time frames for
applicant responses; and

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(3)
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Methods of
issuing authorizations to proceed with construction, which may include special
assignment inspections under county ordinance.

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(h)
�
As used in this
section:

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"Applicable code" means
the Hawaii state building codes as adopted and amended by the state building
code council pursuant to section 107-24 and as further amended and adopted by a
governing body of each county pursuant to section 107-B.

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"Authorization to proceed
with construction" means any written approval by a county building
official that allows work to begin before or apart from issuance of a final
building permit, including phased approval, foundation-only permits, special
assignment inspections, early-start or partial permits, grading permits that
allow structural site work, and utility permits that authorize trenching or
installation of permanent service equipment.

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"Complete building permit
application" means an application that the county having jurisdiction has
accepted as administratively complete under its published submission
requirements.

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"Diligently pursues"
means the applicant responds to requests for information or corrections within
the time frames established by county rule, requests inspections within the
time periods required to keep a permit active, and otherwise proceeds without
unreasonable delay.

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"Material change" means
a change that alters the occupancy group, increases design occupant load beyond
the thresholds that change code requirements, increases building height or area
beyond tabular limits, or changes the primary structural system.
�
"Material change" does not include corrections
responding to plan review comments, detailing, substitutions of like materials
or equipment, value engineering, field clarifications, and comparable changes
that do not alter code classification.
"

PART II

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SECTION 3.
�
The legislature finds that Hawaii faces a
housing crisis driven in part by how hard and costly it has become to build new
homes.
�
Fragmented local amendments,
frequent code changes, and applying commercial-style requirements to small
residential buildings raise costs and slow delivery.

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The legislature further finds that
shifting from a three-year to a six-year adoption cycle for the state building
codes will reduce churn and design rework and will increase familiarity and
expertise within permitting agencies, with inspection staff, and among
architects and engineers, leading to more consistent interpretations and
faster, more predictable reviews.
�

Mid-cycle statewide amendments should be limited to narrow circumstances
such as federal preemption, error correction, and urgent life-safety needs.

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The legislature also finds that
requiring triplexes and fourplexes to comply with the International Building
Code often makes these small residential projects cost prohibitive.
�
When legal pathways are unaffordable, households
are more likely to live in unpermitted or illegal dwelling units outside modern
safety standards.
�
Applying the
International Residential Code to triplexes and fourplexes, when paired with
authority for the state building code council or counties to require increased
passive fire-safety measures, creates a financially viable path to build and
legalize these homes while improving safety by bringing them under current
codes.

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The legislature additionally finds
that counties should retain a transparent ability to adopt targeted technical
amendments, either more stringent or, when supported by findings, less
stringent than the statewide codes, and that counties should have added
flexibility to adopt more stringent energy provisions when those provisions are
shown to be cost-effective over time for typical buildings.

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The legislature believes that
predictability for builders and homeowners requires clear vesting.
�
The code edition in effect when a complete
building permit application is filed should govern the project for the life of
the permit, with a short, pre-issuance election window at each statewide update
without mixing provisions from different statewide editions.

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Accordingly, the purpose of this part
is to:

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(1)
�
Specify the
applicability of the International Residential Code, as adopted and amended by
the state building code council;

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(2)
�
Authorize a county
to adopt amendments to the Hawaii state building code that are more stringent
or less stringent than a corresponding state-adopted code provision, under
certain circumstances, and repeal the counties' existing authority to amend or
adopt the building codes without council approval; and

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(3)
�
Beginning on the
effective date of the next statewide adoption of the International Code Council
suite of applicable published codes as the Hawaii state building code, change
the adoption of the Hawaii state building code from a two-year cycle to a six-year
cycle.

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SECTION 4
.
�
Chapter 107,
Hawaii Revised Statutes, is amended by adding three new sections to part II to
be appropriately designated and to read as follows:

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"
�107-A
�
International
Residential Code; applicability.
�
(a)
�

Notwithstanding any contrary provision in a model code, the International
Residential Code, as adopted and amended by the council, shall apply to:

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(1)
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Detached one- and two-family dwellings;

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(2)
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Townhouses; and

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(3)
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Multiplex residential buildings containing three or four dwelling units and
no more than three stories above grade plane in height, whether units are
arranged side-by-side or stacked; provided that the total floor area of the
building does not exceed eight thousand square feet;

provided
that dwelling-unit separation, structural fire resistance, protection of
openings, and means of egress shall comply with the International Residential
Code as adopted and amended by the council.

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(b)
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A building shall not be required to comply with the International
Building Code as adopted by the council solely because units are stacked or
share common structural systems if the building meets the scope criteria of
this subsection.

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(c)
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Nothing in this section shall preclude the council or a county by
ordinance from adopting increased passive fire-protection requirements
applicable to buildings described in subsection (a)(3).

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(d)
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For purposes of this section, "total floor area" means the sum
of floor areas of all stories measured to the exterior faces of walls,
including common areas and attached garages or carports.

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�
107-B

�
County
amendments to the Hawaii state building code.
�
(a)
�

The governing body of each county may
adopt an amendment to any code adopted under
section 107-25 that is more stringent or less stringent than the corresponding
state-adopted code provisions, without approval by the council, if the county
amendment:

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(1)
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Is adopted by ordinance;

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(2)
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Includes an economic and housing affordability impact statement that, to
the extent practicable, quantifies construction cost and time impacts;

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(3)
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For a more stringent amendment, includes findings that the amendment
addresses a demonstrable local climatic, geologic, topographic, or cultural
condition not adequately covered by the state-adopted code and is no more
stringent than necessary to address that condition; provided that a county may
adopt an amendment without the findings required by this paragraph if the
ordinance states that the amendment is expected to reduce project cost or
shorten design, permitting, or construction timelines for residential construction
or for the conversion of existing buildings to residential use, without
reducing health or life safety; and

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(4)
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For a less stringent amendment, includes findings that the amendment
maintains an acceptable level of health and life safety, considers local risk
factors, and advances housing affordability or delivery.

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(b)
�

The governing body of each county may adopt more stringent energy
conservation requirements within the scope of the International Energy
Conservation Code or ASHRAE Standard 90.1 (Energy Standard for Sites and Buildings
Except Low-Rise Residential Buildings) without the findings required by
subsection (a)(3) if the county determines, and states in the adopting
ordinance, that the amendment is cost-effective, based on a finding that
utility bill savings over the first ten years will exceed the incremental
installed cost of the amendment for typical buildings in the county.
�
The adopted Energy Conservation Code may be
enforced by the counties on a voluntary basis.

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(c)
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County amendments adopted before the effective date of the next adoption
of the Hawaii state building code shall continue to apply in the respective
county until they are superseded or readopted under section 107-25, unless no
longer applicable.
"

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SECTION 5.
�
Section 107-24, Hawaii Revised Statutes, is
amended to read as follows:

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"
�
107-24
�
Authority and duties of the council.
�
(a)
�

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.
�
Any
recommended state amendments shall require the unanimous agreement of the
subcommittee.

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(c)
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[
The
]
Notwithstanding
any other law to the contrary, beginning on the effective date of the next
statewide adoption of the codes under section 107-25(3), 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.
]

on a six-year cycle by adopting every other published edition of each
code.
�
The council shall complete each
statewide adoption within twenty-four months after publication of the edition
being adopted.
�
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.

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(d)
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Between six-year adoptions, the council may adopt limited statewide
amendments only to:

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(1)
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Implement
federal preemption or state statutory changes;

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(2)
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Correct errors
or internal conflicts;

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(3)
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Address
imminent life-safety or post-disaster resilience issues;

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(4)
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Maintain
eligibility for federal incentives, including but not limited to mitigation,
resilience, or disaster recovery programs of the Federal Emergency Management
Agency, or alignment with recognized national standards; or

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(5)
�
Reduce project
cost or shorten design, permitting, or construction timelines for residential
construction or for the conversion of existing buildings to residential use,
without diminishing health or life safety; provided that the council posts a
brief statement of basis describing expected cost or schedule impacts and
life-safety equivalency.

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[
(d)
]
(e)
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The council may appoint other investigative,
technical expertise committees, which may include council members.

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[
(e)
]
(f)
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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.

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[
(f)
]
(g)
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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)
]
(h)
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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
]
to promote
consistent, non-duplicative
implementation and enforcement of the Hawaii
state building codes adopted pursuant to this part.

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[
(h)
]
(i)
�
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 6.
�
Section 107-28, Hawaii Revised Statutes, is
repealed.

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["
�
107-28
�
County authority to amend and adopt the
Hawaii state building codes without council approval.
�
(a)
�
The governing body of each county shall
amend, adopt, and update the Hawaii state building codes as they apply within
their respective jurisdiction, in accordance with section 46-1.5(13), without
approval of the council.
�
Each county
shall amend and adopt the Hawaii state building codes and standards listed in
section 107-25, as the referenced Hawaii state building codes and standards for
its respective county building code ordinance, no later than two years after
the adoption of the Hawaii state building codes.

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(b)
�
If a county does not amend the Hawaii state
building codes within the two-year time frame, the Hawaii state building codes
shall become applicable as an interim county building code.
"]

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SECTION 7.
�
County
building code provisions in effect on the effective date of this Act shall
remain in effect until superseded by the next statewide adoption pursuant to
section 107-24, Hawaii Revised Statutes, as amended by this Act, or by county
amendments adopted under section 107-25, Hawaii Revised Statutes.

PART III

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SECTION 8.
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The purpose of this part is to appropriate
funds for one staff position and necessary consultant services for the state
building code council to carry out statewide code adoption, economic and hazard
analyses, and administrative support.

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SECTION 9.
�
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 2026-2027 for one full-time
equivalent (1.0 FTE) staff position and necessary consultant services for the
state building code council to carry out statewide code adoption, economic and
hazard analyses, and administrative support.

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The sum appropriated shall be
expended by the department of accounting and general services for the purposes
of this Act.

PART IV

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SECTION 10.
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In codifying the new sections added by
section 4 of this Act, the revisor of statutes shall substitute appropriate
section numbers for the letters used in designating the new sections in this
Act.

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SECTION 11.
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Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

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SECTION 12.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Counties;
Point-in-Time Applicability; Building Permits; State Building Code Council; County
Authority; Hawaii State Building Code; Amendments; Building Permit
Applications; Adoption Cycle; Appropriation

Description:

Part I:
�
Fixes the applicable building codes,
standards, and county amendments for the life of a building permit, subject to
limited life-safety exceptions and ordinary permit expiration rules, as of the
date a
county accepts a complete building permit application or issues
an authorization to proceed with construction
.
�
Part II:
�
Specifies the applicability of the
International Residential Code, as adopted and amended by the State Building
Code Council.
�
Authorizes a county to
adopt amendments to the Hawaii state building code that are more stringent or
less stringent than a corresponding state-adopted code provision, under certain
circumstances, and repeals the counties' existing authority to amend or adopt the
buildings code without council approval.
�

Beginning on the effective date of the next statewide adoption of the
International Code Council suite of applicable codes as the Hawaii state
building code, changes the adoption of the Hawaii state building code from a
two-year cycle to a six-year cycle.
�
Part
III:
�
Appropriates funds for one staff
position and necessary consultant services to carry out statewide code
adoption, economic and hazard analyses, and administrative support.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.