RELATING TO BUILDING CODES.

SB2883

THE SENATE

S.B. NO.

2883

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:

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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 either hit or directly affect
Hawaii.
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Previously, Hawaii had been
protected by cooler waters around the State and by wind shear, which mitigated
the threat of hurricanes.
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However, ocean
temperatures around the State have grown warmer, reducing the number of days during
which the State experiences trade winds from two hundred ninety-one in 1973 to two
hundred ten in 2009.
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This reduction in
trade winds has dramatically decreased the protection provided by wind shear,
thereby raising the risk of future hurricanes.

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The legislature also finds warmer seas have
increased the intensity of hurricanes globally.
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Crucially, Category 5 hurricanes have become increasingly common, with
some achieving wind speeds of over two hundred miles per hour.
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Category 5 hurricanes have caused extensive
damage to buildings and residential structures.
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Notably, when hurricane Melissa hit Jamaica in 2025, over one hundred
thousand structures were severely damaged by the storm.

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The legislature additionally notes that the
number of adequate shelters in the State is limited.
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In 2022, the city and county of Honolulu had
sufficient shelter capacity for only one hundred thousand people, due to the
county's lack of shelters that meet the appropriate criteria in the event of a
hurricane.
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This lack of shelter space,
combined with the high risk of damage to residential structures, leaves the
State vulnerable to hurricanes and other severe storms.
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If a hurricane of Category 3 or higher were
to directly affect the State, many residents could be left without shelter.

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The legislature further finds that singly family
homes and apartment buildings that are constructed to withstand Category 3, 4,
and 5 hurricanes or that have safe rooms that will withstand Category 5
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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The legislature finds that people usually
need to shelter for twelve to seventy-two hours during a hurricane, and thus a
safe room needs to be large enough, at least one hundred twenty‑eight
square feet, for people to be comfortable and to lie down, and must have an
attached, accessible bathroom, both of which must be able to withstand winds of
two hundred miles per hour or more.

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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 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 built after January 1, 2027, in the State that are located
within:

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(1)
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The
one hundred thirty mile per hour wind level be built to withstand at least a Category
3 hurricane and contain a residential safe room that is at least one hundred
twenty-eight square feet in size, with attached bathroom, both of which can
withstand winds over two hundred miles per hour and meet the International Code
Council and National Storm Shelter Association's Standard for the Design and
Construction of Storm Shelters; and

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(2)
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The
one hundred forty mile per hour wind level be built to withstand at least a Category
5 hurricane and contain a residential safe room that is at least one hundred
twenty-eight square feet in size, with attached bathroom, both of which can
withstand winds over two hundred miles per hour and meet the International Code
Council and National Storm Shelter Association's Standard for the Design and
Construction of Storm Shelters.

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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-
�
Hurricane
protection; safe room.
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(a)
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Notwithstanding any law to the contrary, beginning January 1, 2027,

all newly constructed single family residences and apartment buildings
shall:

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(1)
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Be
built to withstand:

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(A)
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A Category 3 hurricane on the Saffir-Simpson scale when located in
an area that is expected to experience sustained wind speeds of one hundred
thirty miles per hour during a hurricane or other high wind event; and

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(B)
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A Category 5 hurricane on the Saffir-Simpson scale when located in
an area that is expected to experience sustained wind speeds of one hundred
forty miles per hour or higher during a hurricane or other high wind event; and

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(2)
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Contain
a residential safe room that:

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(A)
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Is at least one hundred twenty-eight square
feet;

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(B)
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Includes an attached bathroom
;

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(C)
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Can
withstand winds of two hundred miles per hour or higher; and

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(D)
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Meets
the
International Code Council and National Storm Shelter
Association's Standard for the Design and Construction of Storm Shelters.

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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 building codes in a manner that conflicts with
this section.

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(c)
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For the purposes of this section:

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"Apartment building" shall
have the same meaning as section 521-8.

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"Single family residence"
shall have the same meaning as section 521-8.
"

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SECTION
2
.
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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
3
.
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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 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:

Hurricanes;
Category 3; Category 5; Single Family Residences; Apartment Buildings;
Residential Safe Rooms

Description:

Requires
all single family residences and apartment buildings built after 1/1/2027 include
a safe room that can withstand winds of two hundred miles per hour or
higher.
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Requires single‑family
residences and apartment buildings built after 1/1/2027 be built to withstand
Category 3 hurricanes when located in an area with winds of one hundred thirty
miles per hour and a Category 5 hurricane when located in an area with winds of
one hundred forty miles per hour or higher.

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