SB 1540: 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     (b)  Beginning January 1, 2028, all existing county building codes shall be superseded by the most recent Hawaii state building codes adopted by the council pursuant to section 107-24.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  Section 107-28, Hawaii Revised Statutes, is repealed.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.