SB795

SECTION 1. The legislature finds that the State has traditionally allowed the individual counties to establish their own building codes. The counties have adopted various portions of the Uniform Building Code, but the code differs from county to county. The status of fragmented building requirements in Hawaii is of serious concern to those involved in building ownership and design. Over forty states have adopted some form of a statewide building code.

The adoption of a uniform set of statewide building codes applicable to one and two family dwellings, all other residential uses, and commercial and industrial buildings would make it possible for building owners, designers, contractors, and code enforcers within the State to apply one set of standards. International building codes are currently being considered for adoption by several counties. The health and safety considerations related to these codes are of statewide interest, especially relating to emergency disaster preparedness.

The purpose of this Act is to require the department of accounting and general services to establish and implement a state building code that integrates building code plans from each county.

SECTION 2. Chapter 107, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . integrated state building code

§107-A Establishment of an integrated state building code. (a) By January 1, 2009, each county shall submit to the department of accounting and general services a county integrated building code plan that has been formally adopted by each county and that is consistent with the requirements of this part. The department shall combine all plans formally adopted by the counties and the building code plan for the design and construction of state-owned buildings to establish an integrated state building code. Upon adoption of the integrated state building code, all buildings and residential homes constructed after the date of adoption shall be exempt from county building codes.

(b) The department shall adopt rules pursuant to chapter 91 to establish an integrated state building code.

"Department" means the department of accounting and general services.

"Hurricane resistive criteria" means the design criteria for enhanced hurricane protection areas that is capable of withstanding a five hundred-year hurricane event, as developed by the state department of defense for public shelter and residential safe room design criteria.

§107-B Building code plan for state-owned buildings. The department shall adopt rules pursuant to chapter 91 to provide a building code plan for state-owned buildings. The plan shall be based on the latest editions, as published by the International Code Council, of:

(1) The International Building Code;

(2) The International Residential Code;

(3) The International Mechanical Code; and

(4) The International Plumbing Code.

The plan shall also be based on code provisions based on nationally published codes of standards that include but are not limited to fire, elevator, and electrical energy conservation standards for building design and construction; private sewage disposal; hurricane resistive criteria for shelter construction; and one- and two-family residential construction.

The plan shall adopt the recommendation from the International Building Code and limit the construction of single wall constructed residential homes. The plan shall allow repairs and additions to existing single wall constructed residential homes.

§107-C Development of county integrated building code plans. (a) Prior to preparing a county integrated building code plan, each county shall form an advisory committee appointed by the mayor. The county advisory committee may be composed of representatives from citizen organizations, various trade and professional building and construction industries, the county coordinator, and any other individuals deemed appropriate by the mayor. The county advisory committee shall review the plan during its preparation, make suggestions, and propose changes it believes are appropriate.

(b) The plan shall be based on the latest editions, as published by the International Code Council, of:

(1) The International Building Code;

(2) The International Residential Code;

(3) The International Mechanical Code; and

(4) The International Plumbing Code.

The plan shall also be based on code provisions based on nationally published codes or standards that include but are not limited to fire, elevator, and electrical energy conservation standards for building design and construction; private sewage disposal; hurricane resistive criteria for shelter construction; and one- and two-family residential construction.

(c) Prior to formal adoption by the county, the county shall submit the plan to the department for review and comment. The department shall provide its comments to the county within ninety days of receiving the proposed plan. Following the department's review, the county shall make the proposed plan available for public review and comment for a period of not less than sixty days. The county shall hold at least one public hearing on the proposed plan during this period.

(d) Following formal adoption of the plan by the county, the county shall submit the adopted plan to the department for review. The adopted plan shall be accompanied by the a document that contains for each comment received from the State or the public, a response detailing how the comment has been addressed in the plan or, if it has not been addressed, the reason for not doing so.

§107-D State review of county integrated building code plan. (a) Prior to submitting to the department a plan that has been formally adopted by a county, the county and the department may negotiate plan components the county finds infeasible. The public shall be notified of all plan components that are determined to be infeasible.

(b) The department shall review the county-adopted plan and approve, conditionally approve, approve specific elements or components, or disapprove the plan. The department shall have sixty days to render a decision, unless the department gives written notice to the county that additional time is necessary to complete the review.

(1) The plan is reasonably complete and accurate, and consistent with this part and rules adopted under this part;

(2) The plan is reasonably based on the latest editions of the International Building Codes and reasonably related to any county-specific building design or construction requirements;

(3) The plan incorporates hurricane resistive criteria for shelter construction, and one- and two-family residential construction; and

(4) The plan accomplishes all of the above in a consistent manner.

(d) To expedite and facilitate the plan development, review, and adoption process, the department, at the request of a county, may participate directly in the county adoption process by attending public hearings and county council sessions.

(e) The department shall notify the public of the approval, conditional approval, approval of specific elements or components, or disapproval of the plan. The comptroller may hold a public hearing on the plan if the comptroller determines that a public hearing is in the public interest.

§107-E Submission schedule for revised county integrated building code plan. (a) Each state-approved county plan shall be revised and submitted to the office every two years to correspond to the each new edition of the International Building Codes, and to address any new county-specific building code problems that have developed since the date of the last revision.

(b) Not less than one hundred twenty days prior to the submission of a revised plan to the department, the county shall submit a copy of the proposed revision to its county advisory committee for review and comment. All revisions determined by the county advisory committee or the department to be substantial revisions shall be subject to:

(1) At least one county public hearing prior to final submission of the revised plan to the department for review;

(2) Reconsideration and approval by the county advisory committee; and

(3) Review by the department, where the department shall approve, conditionally approve, approve specific elements or components, or disapprove the plan.

In general, any significant changes in policy, implementation, or funding mechanisms, shall be considered substantial revisions. Deadlines for the submittal of substantial revisions shall be pursuant to the schedule outlined in this section.

(c) If neither the county advisory committee nor the department deems any changes to be substantial, then those changes shall be incorporated immediately into the plan. If any member of the public contests a determination of "lack of substantial revision," that person may appeal the determination to the comptroller. The decision of the comptroller shall be final.

§107-F Revisions to the integrated state building code. The department shall be responsible for preparing revisions to the integrated state building code. The first revision shall be completed within six months of the date that all four initial county plans have been approved by the department. The department shall complete each additional state revised plan within six months of the date that all four county revised plans have been approved by the department."

SECTION 3. Chapter 107, Hawaii Revised Statutes, is amended by designating sections 107-1 to 107-11 as part I, entitled:

"PART I. GENERAL PROVISIONS"

SECTION 4. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	795
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII