RELATING TO THE STATE BUILDING CODES.

HB356

HOUSE OF REPRESENTATIVES

H.B. NO.

356

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to the state 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 with warmer ocean temperatures
caused by climate change, the development zone for hurricanes in the eastern
and central Pacific has moved northward, significantly increasing the potential
for stronger storms and hurricanes crossing the Pacific ocean to affect Hawaii
with extreme winds and precipitation.
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Previously, Hawaii had been protected by cooler waters and by the effect
of southwest-headed tradewinds beneath northeast-headed winds in the opposite direction,
also known as wind shear, which would tear hurricanes apart.

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The legislature
further finds that ocean temperatures around the State have increased and,
having lost two days of tradewinds each year for the past fifty years, Hawaii
now experiences the protection provided by wind shear during only about half the
year.
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Because of these climate changes,
the grim reality is that there is great potential for the development of more category
three, four, and five hurricanes that will impact Hawaii.
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Currently, the world experiences a category five
hurricane, with winds over two hundred miles per hour, every eight years.
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However, by 2080, experts predict that the
world will experience one category five hurricane each year, and the majority
of these hurricanes are expected to occur in the northern Pacific, which includes
Hawaii.

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The legislature
also finds that the State's investments in hurricane safety measures have not
improved and that its vulnerability to hurricane damage continues to worsen
each year with aging infrastructure, buildings, and facilities.
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Hawaii contains approximately one hundred
eighty-seven thousand wooden homes, and most will be damaged or destroyed during
even a category one hurricane.

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The legislature
additionally notes that a very limited number of refuge sites exists on each
island.
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For instance, Oahu has merely thirty-two
refuge areas that will accommodate only one hundred thousand individuals.
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The department of emergency management of the
city and county of Honolulu estimates that two hundred thousand individuals
will seek shelter during even a category one hurricane.
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Hawaii island has only one shelter that can
withstand a category four hurricane.
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Besides that facility, the State has no shelters that are able to
withstand a category three, four, or five hurricane.

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Furthermore,
the legislature notes that when such a powerful hurricane strikes, there will
be very few, if any, safe places for anyone to take shelter.
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Single-family homes and apartment buildings
that are constructed to withstand category three, four, or five hurricanes could
serve as locations for residents and their families and friends to take refuge,
thereby reducing the number of individuals needing public shelters.

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Moreover, the
legislature finds that during a hurricane or other high-wind incident, winds become
stronger at higher elevations.
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Most
homes in Hawaii are located within what is commonly referred to as the "one
hundred thirty miles per hour wind level".
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At higher elevations, homes could be located
within the "one hundred forty miles per hour wind level" or "the
"one hundred fifty miles per hour wind level".

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The legislature
further finds that the current generation has a deep moral obligation to itself
and to future generations to begin now to build all structures, including
homes, to withstand the highest category of hurricane that owners can afford.

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Therefore, the
purpose of this Act is to amend the state building codes to require that all new
single-family homes and apartment buildings in the State that are located:

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(1)
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Within the "one hundred thirty miles
per hour wind level" be built to withstand at least a category three
hurricane and contain a residential safe room with attached bathroom; and

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(2)
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Within the "one hundred forty miles
per hour wind level" or above be built to withstand at least a category five
hurricane and contain a residential safe room with attached bathroom.

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SECTION 2.
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Chapter 107, Hawaii Revised Statutes, is
amended by adding a new section to part II to be appropriately designated and
to read as follows:

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"
�107-
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Hurricane
protection.
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(a)
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Notwithstanding any law to the contrary, beginning on January 1, 2026:

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(1)
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All newly
constructed single-family residences and apartment buildings located within the
one hundred thirty miles per hour wind level shall be built to withstand at
least a category three hurricane and contain a residential safe room with
attached bathroom; and

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(2)
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All newly
constructed single-family residences and apartment buildings located within the
one hundred forty miles per hour wind level or above shall be built to
withstand at least a category five hurricane and contain a residential safe room
with attached bathroom.

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(b)
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This section shall apply to all newly
constructed single-family residences and apartment buildings in the State.
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Notwithstanding section 107-28, no county
shall amend, adopt, or update the Hawaii state building codes in a manner that
conflicts with this section.

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(c)
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As used in this section:

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"Apartment building"
means a structure containing one or more dwelling units, except:

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(1)
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A
single-family residence; or

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(2)
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A
structure in which all tenants are roomers or boarders.

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"Category five
hurricane" means a category five hurricane according to the Saffir-Simpson
Hurricane Scale.

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"Category three
hurricane" means a category three hurricane according to the
Saffir-Simpson Hurricane Scale.

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"One hundred forty miles per
hour wind level or above" means a geographical area that is expected to
experience sustained wind speeds of one hundred forty miles per hour or more during
a hurricane or other high-wind event.

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"One hundred thirty miles
per hour wind level" means a geographical area that is expected to experience
sustained wind speeds of up to one hundred thirty miles per hour during a
hurricane or other high-wind event.
"

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SECTION
3
.
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Section 107-25,
Hawaii Revised Statutes, is amended to read as follows:

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"
�107-25
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Hawaii state building
codes; requirements.
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There is
established the Hawaii state building codes applicable to all construction in
the State of Hawaii.
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The Hawaii state
building codes shall be based upon:

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(1)
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The state fire
code as adopted by the state fire council;

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(2)
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The Uniform
Plumbing Code, as copyrighted and published by the International Association of
Plumbing and Mechanical Officials, including its appendices;

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(3)
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The International
Building Code, the International Residential Code, and the International Energy
Conservation Code, as published by the International Code Council;

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(4)
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The National
Electrical Code, as published by the National Fire Protection Association;

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(5)
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Hawaii design
standards implementing the criteria pursuant to Act 5, Special Session Laws of
Hawaii, 2005, as applicable to:

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(A)
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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

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(B)
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Essential
government facilities requiring continuity of operations; [
and
]

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(6)
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Code provisions
based on nationally published codes or standards that include but are not
limited to residential and hurricane resistant standards related to loss
mitigation standards in accordance with section 431P-12, elevator, mechanical,
flood and tsunami, existing buildings, and onsite sewage disposal[.]
; and

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(7)
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The
requirements of section 107- .
"

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SECTION
4
.
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Section 107-28,
Hawaii Revised Statutes, is amended by amending subsection (a) to read as
follows:

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"(a)
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[
The
]
Except as provided in section
107- , 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.
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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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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 on January 1,
2026.

INTRODUCED BY:

_____________________________

Report Title:

State Building
Codes; Hurricane Protection

Description:

Requires all newly constructed single-family residences
and apartment buildings located within specified geographic areas to be built
to withstand certain categories of hurricanes and to contain residential safe
rooms with attached bathrooms.
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Effective
1/1/2026.

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