REQUESTING THE STATE AUDITOR TO CONDUCT A PERFORMANCE AUDIT OF THE HAWAII STATE BUILDING CODE COUNCIL.

HCR174

HOUSE OF REPRESENTATIVES

H.C.R. NO.

174

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

REQUESTING THE STATE AUDITOR TO CONDUCT A PERFORMANCE
AUDIT OF THE HAWAII STATE BUILDING CODE COUNCIL
.

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WHEREAS, the
Hawaii State Building Code Council was established to adopt and maintain a
statewide building code to promote public safety, uniform construction
standards, and consistent county building regulations; and

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WHEREAS, although
the intent of the Hawaii State Building Code Council was to bring consistency to
the county regulations, the practical impact has been the opposite, resulting
in greater inconsistency and unpredictability across jurisdictions; and

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WHEREAS, the Hawaii
State Building Code Council is responsible for reviewing and adopting updated
editions of national model building codes, including the International Building
Code, International Residential Code, and related codes, to ensure that Hawaii's
construction standards remain current and responsive to evolving safety and
engineering practices; and

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WHEREAS, the
current mandate to adopt updated codes every three years is too frequent,
creating an inefficient cycle in which codes are updated before prior code
updates can be fully implemented and causing significant burdens to
stakeholders and major disruptions to the construction industry; and

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WHEREAS, the Hawaii
State Building Code Council is also tasked with providing guidance to and
coordination among the counties and state agencies regarding building code
adoption and implementation; and

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WHEREAS, on
September 15, 2023, the Governor issued an emergency proclamation relating to
affordable housing that suspended certain provisions of law relating to the Hawaii
State Building Code Council as part of emergency efforts to accelerate housing
development in the State; and

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WHEREAS, this
suspension recognized that the Hawaii State Building Code Council was not
operating efficiently and had become a barrier to housing production; and

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WHEREAS, since
the issuance of the proclamation, the Hawaii State Building Code Council has
been effectively inactive; and

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WHEREAS, the Hawaii
State Building Code Council's extended dormancy provides an opportunity to
evaluate whether the Council's functions are necessary, beneficial, or
duplicative of responsibilities already carried out by counties or other
agencies; and

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WHEREAS, given
the State's ongoing housing shortage and the need to streamline regulatory
processes where appropriate, it is prudent for the Legislature to evaluate
whether the structure, authority, and operations of the Hawaii State Building
Code Council continue to serve the public interest; now, therefore,

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BE IT
RESOLVED by the House of Representatives of the Thirty-third Legislature of the
State of Hawaii, Regular Session of 2026, the Senate concurring, that the State
Auditor is requested to conduct a performance audit of the Hawaii State
Building Code Council; and

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BE IT FURTHER
RESOLVED that the performance audit is requested to focus on:

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(1)
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The statutory purpose, duties, and authorities
of the Hawaii State Building Code Council;

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(2)
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The efficiency and practicality of the
three-year code adoption cycle;

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(3)
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The impact of the Council on regulatory
consistency among the counties;

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(4)
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The Council's historical performance in
adopting and updating statewide building codes;

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(5)
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The impacts of statewide code adoption on
construction costs, permitting timelines, and housing production in Hawaii;

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(6)
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The current makeup of the Council;

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(7)
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Whether the Council has provided measurable
benefits to public safety, regulatory consistency, and efficiency in the
construction industry; and

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(8)
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The implications of the Council's inactivity
since September 15, 2023, including the impact on the adoption and
implementation of building codes during that period; and

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BE IT FURTHER
RESOLVED that the State Auditor is requested to include in the audit:

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(1)
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Data collection and analysis on whether the
counties generate sufficient revenue through permitting and related fees to
fully or partially fund the operations of a building code council;

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(2)
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An examination of the historical hesitancy of
the State to fund an executive director position for the Hawaii State Building
Code Council;

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(3)
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An assessment of whether the counties, as the
direct administrators and enforcers of building codes, should be the primary
drivers and funders of the Council;

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(4)
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Potential alternative governance structures
for building code adoption in Hawaii, including whether any modifications to,
restructuring of, or repeal of the Council should be considered; and

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(5)
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The viability of a model in which the counties
manage, fund, and drive the code adoption process rather than the State; and

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BE IT FURTHER
RESOLVED that the State Auditor is requested to consult with the Department of
Accounting and General Services, the Office of the Governor's Housing Team, the
Planning Department of the County of Hawaii, the Planning Department of the
County of Maui, the Planning Department of the County of Kauai, the Department
of Planning and Permitting of the City and County of Honolulu, members of the
construction industry, and other relevant stakeholders in preparing the audit;
and

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BE IT FURTHER
RESOLVED that the State Auditor is requested to submit to the Legislature a
report of its findings and recommendations, including any proposed legislation,
no later than twenty days prior to the convening of the Regular Session of 2027;
and

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BE IT FURTHER
RESOLVED that certified copies of this Concurrent Resolution be transmitted to the
Governor, State Auditor, Comptroller, Director of the Planning Department of
the County of Hawaii, Director of the Planning Department of the County of
Maui, Director of the Planning Department of the County of Kauai, and Director
of the Department of Planning and Permitting of the City and County of Honolulu.

OFFERED BY:

_____________________________

Report Title:
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Auditor;
Performance Audit; Hawaii State Building Code Council; Governor's Housing Team;
Department of Accounting and General Services; Counties