HB3230 HD1

Report Title:

Building Codes; State Building Code

Description:

Establishes a state building code commission that shall adopt a comprehensive state building code by 12/31/07 to be based on codes published by the International Code Council. Makes the state building code the building code in each county, subject to commission approved exemptions for individual counties. Appropriates funds for commission operations (HB3230 HD1).

HOUSE OF REPRESENTATIVES	H.B. NO.	3230
TWENTY-THIRD LEGISLATURE, 2006		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

relating to building codes.

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

SECTION 1. The purpose of this Act is to promote the health, safety, and welfare of the occupants or users of buildings and structures and the general public through the adoption of a uniform statewide model building code.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

STATE BUILDING CODE

§ -1 Definitions. As used in this chapter, unless the context otherwise requires:

"Commission" means the state building code commission.

"State building code" means the uniform statewide model building code.

§ -2 State building code commission. (a) There is hereby established a state building code commission. The commission shall be attached to the department of accounting and general services for administrative purposes only.

(b) The commission shall consist of nine voting members, who, except as provided in paragraph (1), shall be appointed by the governor, and one nonvoting member. The members shall include:

(1) One county building official from each of the four major counties of the State, appointed by the mayor of each county;

(2) One member representing the state fire council;

(3) One member representing the state department of health with significant experience in building mechanical and sewage disposal systems;

(4) One member representing the department of labor and industrial relations with significant experience in fire safety;

(5) One member representing the Structural Engineers Association of Hawaii;

(6) One member representing the American Institute of Architects, Hawaii State Chapter; and

(7) The comptroller or the comptroller's designated representative who shall be the nonvoting member.

(c) Members shall not be compensated, but shall be reimbursed for interisland travel and other expenses directly related to performance of their duties.

(d) The chairperson of the commission shall be elected annually by a majority of its members from among all of its members.

(e) Except as provided in this section, the commission shall be subject to sections 26-34, 26-35, 26-35.5, and 26-36.

§ -3 Executive director and executive assistant; employees. (a) The commission shall select an executive director, who shall serve at the pleasure of the commission and who shall have administrative abilities and expertise in engineering or architecture, and an executive assistant, who shall have experience in statutory and administrative rulemaking processes. The commission may engage employees necessary to perform its duties, including administrative personnel, as provided by section 26-35.

(b) The positions of executive director and executive assistant shall not be subject to chapter 76; provided that the executive director and executive assistant shall be entitled to any rights and benefits accorded to similarly employed state employees.

§ -4 Authority and duties of the commission; state building code. (a) Any law to the contrary notwithstanding, by December 31, 2007, the commission shall adopt a comprehensive, uniform state building code through the rulemaking process set forth in chapter 91.

(b) If the commission does not adopt the state building code by December 31, 2007, then the latest editions of the codes set forth in subsection (c)(1) to (4), together shall be the state building code.

(1) The International Building Code;

(2) The International Residential Code;

(3) The International Mechanical Code;

(4) The International Plumbing Code; and

(5) Code provisions based upon nationally published codes or standards that include but are not limited to fire, elevator, electrical energy conservation standards for building design and construction, private sewage disposal, and hurricane resistive standards for one- and two-family residential construction.

(d) In adopting the state building code, the commission shall appoint a subcommittee comprised solely of each of the commissioners appointed pursuant to section -2(b)(1), whose duty shall be to recommend to the commission any necessary or desirable state amendments to the codes and standards in subsection (c), for inclusion in the state building code. Any recommended state amendments shall require the unanimous agreement of the subcommittee.

(e) The commission may appoint other investigative or technical expertise committees that may include commissioners and other appropriate persons.

(f) In adopting the state building code, the commission shall not adopt provisions that:

(1) Relate to administrative, permitting, or enforcement and inspection procedures of each county; or

(2) Prohibit indigenous, pre-western contact, Hawaiian architecture.

(g) Upon adoption of the state building code, the commission shall review and adopt, for inclusion in the state building code, new model building codes, as appropriate, within eighteen months of their official published date.

(h) The commission shall provide educational and technical training and administrative assistance in the form of services or grants at the state and county levels relating to the implementation and enforcement of the state building code and county building codes adopted pursuant to this chapter.

(i) The commission may make expenditures for technical references, equipment and supplies, and other operating expenses and may contract, pursuant to chapter 103D, for the conduct of research studies and provision of technical services.

§ -5 County building codes; exemptions. (a) Any law, charter provision, ordinance, or rule notwithstanding, upon the adoption of the state building code by the commission or the automatic enactment of the state building code pursuant to section -4(b), the state building code shall be the building code for each county and shall supersede any law, charter provision, ordinance, or rule of any county relating to building codes and standards.

(b) At any time prior to the adoption of the state building code and from time to time after the adoption of the state building code by the commission, any county may petition the commission for an exemption from the state building code as it applies within the petitioning county's jurisdiction. Any county exemption shall be consistent with the minimum performance standards of the state building code, promote the health, safety, and welfare of the occupants or users of buildings and structures and the general public, and shall be subject to the approval of a majority of the members of the commission."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2006-2007 for the operations of the state building code commission and any technical assistance services and technical assistance grants provided by the commission to the city and county of Honolulu, the county of Hawaii, the county of Kauai, and the county of Maui.

The sum appropriated shall be expended by the department of accounting and general services for the purposes of this Act.

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. This Act shall take effect on July 1, 2006.