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HB1742
HOUSE OF REPRESENTATIVES
H.B. NO.
1742
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to housing
.
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 the State
continues to experience a severe shortage of housing at all income levels, and
that high construction costs and long development timelines limit the State's
ability to meet demand.
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The legislature
further finds that advances in factory-built housing have created two
categories of dwellings that can help address this crisis:
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self-contained relocatable housing units,
which are movable and can operate independently of utilities; and manufactured
homes, which are permanently installed and connected to utilities.
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The legislature further finds,
however, that outdated state law and inconsistent county permitting processes
hinder the broader use of these homes, creating uncertainty for builders,
landowners, and counties.
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A clear
statewide framework is necessary to support the development of a wide range of
housing and ensure that county authority is preserved.
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The purpose of this Act is to
authorize the construction and occupation of self-contained relocatable housing
units in the State, with certain restrictions.
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SECTION
2
.
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Chapter
46
, Hawaii Revised Statutes,
is amended by adding a new part to be appropriately designated and to read as
follows:
"
Part .
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Self-contained relocatable housing
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46-
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Definitions.
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As used in this part, unless the context
otherwise requires:
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"Approved off-site construction
inspection or certification agency" means a third-party agency that is
accredited or otherwise recognized by the International Code Council, the
Modular Building Institute, or a state or local building official to perform
plan review and in-plant inspections for off-site construction programs.
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"Manufacturer model number" means
the unique identifier assigned by a manufacturer to a standardized
self-contained relocatable housing unit design or series of designs that are
constructed under an off-site construction program.
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"Off-site construction program"
means a program of design, construction, and quality assurance for
factory-built housing conducted in accordance with the International Code
Council or Modular Building Institute standards 1200, 1205, and 1210 for
off-site construction, or any successor standards, and that:
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(1)
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Provides plans and specifications for each
manufacturer model number;
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(2)
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Uses an approved off-site construction
inspection or certification agency to perform plan review and in-plant
inspections; and
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(3)
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Issues documentation demonstrating that units
bearing a given manufacturer model number have been constructed in accordance
with the approved plans and applicable building codes.
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"Residentially zoned lot" means a
zoning lot in a county zoning district that is principally reserved for
single-family and two-family detached dwellings.
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"Residentially zoned lot" does not
include a lot in a county zoning district that is intended for rural,
low-density residential development, and open space preservation.
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"Self-contained relocatable housing
unit" means a structure designed for human habitation that:
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(1)
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Is constructed and documented in accordance
with at least one of the following compliance pathways:
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(A)
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Constructed in compliance with title 24 Code
of Federal Regulations part 3280;
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(B)
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Constructed under an off-site construction
program that demonstrates compliance with the Hawaii state building code or an
applicable county building code, including but not limited to the International
Residential Code, International Building Code, or other model codes as adopted;
or
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(C)
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Constructed or self-certified in compliance
with section 46-90;
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(2)
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Has a total enclosed floor area of no more
than four hundred square feet, excluding porches, decks, and similar
appurtenances;
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(3)
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Retains capability for relocation without
structural disassembly;
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(4)
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Operates independently of permanent utilities
using integrated or portable systems for power, water, and wastewater;
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(5)
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Uses structural wood components that are
pressure-treated, otherwise preservative-treated, or constructed of naturally
durable materials, in accordance with the Hawaii state building code or an
applicable county building code, to provide resistance to decay and termites;
and
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(6)
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Is placed on land with the consent of the
landowner.
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"Transient
accommodations" has the same meaning as in section 237D-1.
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46-
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Self-contained relocatable housing units;
ministerial zoning permit; limitations.
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(a)
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Notwithstanding any law or
ordinance to the contrary, a self-contained relocatable housing unit shall be
allowed by right on any parcel of land with the consent of the property owner,
subject only to a ministerial zoning permit from the county.
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Each self‑contained relocatable housing
unit, including any accessory dwelling unit, guest house, additional rental
unit, or similar residential unit, shall be treated as one dwelling unit for
purposes of any county law limiting the number of such units on a lot, and
shall be counted toward that limit.
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(b)
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Each county shall issue the ministerial zoning permit within thirty
calendar days of a complete application and payment of a reasonable fee not
exceeding the actual review cost.
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If no
written denial is issued within thirty days, the permit shall be deemed approved.
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(c)
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The ministerial zoning permit application shall include:
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(1)
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A completed form,
fee, and simple site plan;
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(2)
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Documentation
demonstrating compliance with at least one of the compliance pathways required
for a self-contained relocatable housing unit, including:
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(A)
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For a unit constructed in compliance with
title 24 Code of Federal Regulations part 3280, a photo of the United States
Department of Housing and Urban Development certification label and
manufacturer's data plate, or a label‑verification or duplicate data
plate from the Institute for Building Technology and Safety, the manufacturer,
or an inspection agency approved by the United States Department of Housing and
Urban Development;
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(B)
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For a unit constructed under an off-site
construction program, a copy of the off-site construction program certification
or label for the applicable manufacturer model number, including documentation
from an approved off-site construction inspection or certification agency that
the unit was constructed under that program and in compliance with the
applicable building code; or
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(C)
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For a unit constructed or self-certified
pursuant to section 46-90, a copy of the approved self‑certification,
building permit, or other documentation submitted to or accepted by the county
under section 46-90;
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(3)
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If installed on
site, any installation documentation required under paragraph (2), including
but not limited to a manufactured home installation certification and
verification report, installer declaration, or equivalent documentation
accepted by the county;
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(4)
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An affidavit that
the unit will not be used as a short-term rental and will remain relocatable
and self-contained; and
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(5)
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The property owner's
written consent if the applicant is not the owner.
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(d)
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The county may deny an application only if:
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(1)
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The application is
incomplete after one request for missing items;
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(2)
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The unit lacks
valid documentation required under subsection (c)(2) demonstrating compliance
with at least one of the compliance pathways required for a self-contained
relocatable housing unit;
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(3)
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The property on
which the unit is to be situated lies within a prohibited area under subsection
(i); or
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(4)
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The siting of the
self-contained relocatable housing unit would create an objective health or
safety hazard.
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(e)
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No building, electrical, or plumbing permit shall be required while the
unit remains relocatable and self-contained.
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(f)
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A permit may be revoked if the county finds clear and convincing
evidence that the:
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(1)
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Unit lacks valid
documentation required under subsection (c)(2) demonstrating compliance with at
least one of the compliance pathways required for a self-contained relocatable
housing unit;
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(2)
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Application
contained material misrepresentation; or
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(3)
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Unit has been
affixed or connected to utilities; provided that if the unit is built in
compliance with title 24 Code of Federal Regulations part 3280, that federal
standard shall continue to govern construction and safety, and only local
installation and utility-connection standards shall apply.
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In all other cases, the county building code
shall apply.
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(g)
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If
the unit is constructed under an off-site construction program, the
documentation described in subsection (c)(2)(B) shall be accepted as conclusive
evidence that the factory-built portion of the unit complies with the Hawaii
state building code or an applicable county building code, and the county may
only enforce local standards for foundations, other site-built work, and any
utility connections.
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If the unit is
constructed or self-certified pursuant to section 46-90, no county shall
require additional inspections of the factory-built portion of the unit beyond
those authorized under that section, and may only enforce local standards for
foundations, other site-built work, and any utility connections.
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(h)
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Each county may adopt reasonable ordinances on sanitation, access,
spacing, and safety of self-contained relocatable housing units; provided that
each legal lot of record shall be entitled to at least one self-contained
relocatable housing unit, and the counties may authorize additional units per
lot by ordinance.
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Ordinances adopted
under this subsection shall be objective, clearly defined, and shall not be
applied in a manner that individually or cumulatively precludes the placement
of at least one self-contained relocatable housing unit on each legal lot of
record on which such a unit is allowed under this section.
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(i)
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A self-contained relocatable housing unit:
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(1)
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Shall not be used
as a transient accommodation or short-term rental;
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(2)
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Shall not be sited
within the state conservation district established under chapter 205; and
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(3)
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May be restricted
or prohibited by county ordinance within special management areas, a special
flood hazard area as delineated on flood maps issued by the Federal Emergency
Management Agency, or areas designated as high wildfire risk.
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(j)
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Nothing in this section shall be construed to:
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(1)
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Authorize
occupation of a unit in violation of public-health rules;
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(2)
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Preempt state or
county nuisance laws;
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(3)
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Limit the
jurisdiction of the department of land and natural resources over conservation
lands;
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(4)
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Preclude the
construction or siting of modular or factory-built housing certified under the
Hawaii state building code in lieu of homes constructed in compliance with
title 24 Code of Federal Regulations part 3280; or
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(5)
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Require a county to allow more units on a lot
than are otherwise permitted, except to the extent that a county authorizes
additional self-contained relocatable housing units by ordinance.
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46-
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Homeowners associations; preemption.
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(a)
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Notwithstanding any law, declaration, covenant, condition, bylaw, rule,
or other governing document to the contrary, no
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association of apartment owners governed by chapter 514B, cooperative
housing corporation governed by chapter 421I, or planned community association
governed by chapter 421J shall adopt or enforce any provision that actively or
effectively prohibits the placement or lawful occupancy of at least one
self-contained relocatable housing unit on a residentially zoned lot on which
such a unit is otherwise allowed pursuant to this part.
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(b)
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This section shall not be construed to
prohibit reasonable rules and regulations adopted and enforced in good faith by
an association, as that term is defined in sections 421J-1 and 514B-3, or
corporation, as that term is defined in section 421I-1 that:
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(1)
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Regulate the location of a self-contained
relocatable housing unit on a lot for purposes of compliance with objective
fire safety, access, and utility easement requirements;
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(2)
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Require compliance with applicable federal,
state, and county laws and rules relating to health, safety, and sanitation; or
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(3)
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Regulate colors, materials, and screening of
the chassis and undercarriage of a self-contained relocatable housing unit in a
manner that is no more restrictive than the association's regulations
applicable to accessory dwelling units or detached accessory structures on the
same lot.
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(c)
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Any provision of a declaration, covenant,
condition, bylaw, rule, or other governing document that conflicts with this
section shall be void and unenforceable to the extent of the conflict."
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SECTION
3
.
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Section
291C-112, Hawaii Revised Statutes, is amended to read as follows:
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"
�291C-112
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Certain uses of parked
vehicles prohibited between 6:00 p.m.
and
6:00 a.m.; definition; exceptions.
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(a)
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[
No
]
Except as
provided in subsection (b), no
person shall use any vehicle for purposes of
human habitation, whether or not the vehicle is designed or equipped for that
purpose, while the vehicle is parked on any roadway, street, or highway or
other public property between the hours of 6:00 p.m. and 6:00 a.m. or while the
vehicle is parked on private property without authorization of the owner or
occupant authorizing both the parking of the vehicle there and its use for
purposes of human habitation.
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[
(b)
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As used in this section "purposes of
human habitation" includes use as a dwelling place, living abode, or
sleeping place.
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(c)
]
(b)
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This section [
does
]
shall
not
apply to the [
parking
]
:
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(1)
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Parking of
vehicles and their use for purposes of human habitation in parks, camps, and
other recreational areas in compliance with law and applicable rules and
regulations, or under emergency conditions in the interest of vehicular safety[
.
]
;
or
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(2)
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Lawful sitting
or occupation of a self-contained relocatable housing unit as authorized
pursuant to part of chapter 46.
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[
(d)
]
(c)
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The department of health shall [
promulgate
]
adopt
rules and regulations[
,
] pursuant to chapter 91, necessary
for the administration of this section.
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(d)
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As used in this section, "purposes of
human habitation" includes use as a dwelling place, living abode, or
sleeping place.
"
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SECTION 4.
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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 5.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Self-Contained
Relocatable Housing
Description:
Authorizes
the construction and occupation of self-contained relocatable housing units,
with certain restrictions.
The summary description
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not legislation or evidence of legislative intent.