HB 745: RELATING TO BUILDING CODES.

A BILL FOR AN ACT

RELATING TO BUILDING CODES.

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

     SECTION 1.  Section 107-25, Hawaii Revised Statutes, is amended to read as follows:

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

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

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

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

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

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

          (A)  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

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

     (6)  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.

     (b)  Beginning on the date that the International Code Council 2024 suite of published codes pursuant to subsection (a)(3) is adopted as the Hawaii state building code, all existing county building codes shall be superseded by the most recent Hawaii state building codes adopted by the council pursuant to section 107-24.  Thereafter, each county may amend the Hawaii state building codes as they apply within its own jurisdiction."

     SECTION 2.  Section 107-28, Hawaii Revised Statutes, is repealed.

     ["§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.

     (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."]

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on January 1, 3000.

Report Title:

Hawaii State Building Code; Counties; Amendments

Description:

Beginning on the date the International Code Council 2024 suite of published codes is adopted as the Hawaii state building code, makes the most recent Hawaii state building codes adopted by the state building code council supersede all existing county building codes and thereafter allows counties to amend the Hawaii state building code as it applies within their jurisdiction.  Repeals the counties' authority to adopt, amend, and update the Hawaii state building codes for their respective county building codes.  Effective 1/1/3000.  (HD1)

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

A BILL FOR AN ACT

relating to building codes.

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

     SECTION 1.  Section 107-25, Hawaii Revised Statutes, is amended to read as follows:

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

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

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

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

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

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

          (A)  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

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

     (6)  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.

     (b)  Beginning January 1, 2028, all existing county building codes shall be superseded by the most recent Hawaii state building codes adopted by the council pursuant to section 107-24.  Thereafter, each county may amend the Hawaii state building codes as they apply within its own jurisdiction by:

     (1)  Removing requirements set by the Hawaii state building codes; or

     (2)  Only after receiving approval by an affirmative vote of the majority of its council, adding requirements to the Hawaii state building codes."

     SECTION 2.  Section 107-28, Hawaii Revised Statutes, is repealed.

     ["§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.

     (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."]

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on January 1, 2028.

Report Title:

Hawaii State Building Code; Counties; Amendments

Description:

Beginning 1/1/2028, makes the most recent Hawaii state building codes adopted by the state building code council supersede all existing county building codes and thereafter allows counties to remove requirements of the state building codes or add requirements to the state building codes only with prior council approval.  Repeals the counties' authority to adopt, amend, and update the Hawaii state building codes for their respective county building codes.

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

STAND. COM. REP. NO.  740

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 745

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 745, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO BUILDING CODES,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Beginning on the date the International Code Council 2024 suite of published codes is adopted as the Hawaii State Building Code, makes the most recent Hawaii state building codes adopted by the State Building Code Council supersede all existing county building codes and thereafter allows counties to amend the Hawaii State Building Code as it applies within their jurisdiction; and

     (2)  Repeals the counties' authority to adopt, amend, and update the Hawaii state building codes for their respective county building codes.

     Your Committee received testimony in support of this measure from the Hawaii Fire Department; Grassroot Institute of Hawaii; Hawaiʻi YIMBY; Hawaii State Council and Legislative Advocacy Committee of the American Institute of Architects; and one individual.  Your Committee received testimony in opposition to this measure from the International Brotherhood of Electrical Workers Local Union 1260 and Plumbing & Mechanical Contractors Association of Hawaii.  Your Committee received comments on this measure from the Department of Accounting and General Services; Department of Public Works of the County of Hawai‘i; and Department of Planning and Permitting of the City and County of Honolulu.

     Your Committee finds that under the existing staggered system, counties must adopt and amend building codes independently, creating inconsistencies, administrative delays, and higher costs for builders and emergency responders.  These inefficiencies can lead to permitting backlogs, increased construction costs, and a lack of uniform safety standards.  This measure streamlines the code adoption process, which should eliminate inefficiencies.

     Your Committee notes that the written testimony of the Department of Accounting and General Services was submitted at the hearing.  As such, your Committee was not able to give it proper consideration prior to decision making.  Your Committee respectfully requests your Committee on Finance, should it deliberate on this measure, to consider the late testimony submitted by the Department of Accounting and General Services.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 745, H.D. 1, and recommends that it be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  219

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 745

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Housing, to which was referred H.B. No. 745 entitled:

"A BILL FOR AN ACT RELATING TO BUILDING CODES,"

begs leave to report as follows:

     The purpose of this measure is to streamline building codes by:

     (1)  Beginning January 1, 2028, superseding all existing county building codes by the most recent Hawaii state building code adopted by the State Building Code Council and thereafter allowing the counties to remove requirements set by the state building codes or add requirements to the state building codes only with prior council approval; and

     (2)  Repeal the counties' authority to adopt, amend, and update the state building codes for their respective county building codes.

     Your Committee received testimony in support of this measure from the Grassroot Institute of Hawaii; Hawaiʻi YIMBY; Legislative Advocacy Committee, American Institute of Architects, Hawaii State Council; and one individual.

     Your Committee finds that under existing law, the State Building Code Council is required to adopt every iteration of the International Building Code and related codes within two years of their release; the counties have an additional two years to adopt and make their amendments to the state code.  Your Committee further finds that the staggered adoption process means county building officials, builders, and architects must constantly re‑learn the build code requirements.  This takes time and training, which can result in higher administrative costs, and can exacerbate permitting delays, which in turn can affect the price of housing.  This measure removes this two-step process and ensures that a swift adoption of the state building code will be consistent statewide.

     Your Committee has amended this measure by:

     (1)  Clarifying the date on which all existing county building codes are superseded by the Hawaii State Building Code;

     (2)  Deleting specifications for how each county may amend the Hawaii State Building Code after the county building codes are superseded;

     (3)  Changing the effective date to January 1, 3000, to encourage further discussion; and

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 745, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 745, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Housing,