HB93 HD2

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

STATEWIDE MODEL BUILDING CODE AND DESIGN STANDARDS

§ -1 Purpose. The purpose of this chapter 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 statewide model building code and design standards.

§ -2 Definitions. As used in this chapter, the following terms have the following meanings, unless the context clearly requires otherwise:

"Council" means the state building code council.

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

"State building construction" means any building construction project or program initiated by a state agency or requiring the use of state funds.

§ -3 State building code; establishment. (a) There is established a state building code applicable to all construction in the State of Hawaii.

(b) The state building code shall include the latest edition of:

(1) The International Building Code, published by the International Code Council;

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

(3) Hawaii design standards implementing the criteria developed by the department of defense pursuant to Act 5, Special Session Laws of Hawaii 2005, applicable to 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 standards for essential government facilities requiring continuity of operations; and

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

(c) The department of accounting and general services shall adopt rules pursuant to chapter 91 to establish a temporary building code for state building construction.

(d) The design of all state building construction shall be in compliance with the state building code within one year of its effective date.

§ -4 State building code council. (a) There is established a state building code council. The council shall be placed for administrative purposes in the department of accounting and general services.

(b) The council shall consist of nine voting members and one nonvoting member. The members shall include:

(1) One county building official from each of the four counties;

(2) One member representing the state fire council;

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

(4) One member representing the department of labor and industrial relations who has significant experience in elevator or fire safety;

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

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

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

(c) Members shall serve without compensation but shall be reimbursed for actual expenses, including travel expenses, necessary for the performance of their duties.

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

§ -5 Executive director and executive assistant. (a) The council shall select an executive director, who shall serve at the pleasure of the council, and who shall have administrative abilities and expertise in engineering or architecture.

(b) The council or the executive director shall select an executive assistant, who shall have experience in statutory and administrative rulemaking processes.

(c) The positions of executive director and executive assistant shall not be subject to chapter 76. The compensation of the executive director and executive assistant shall be determined by the council.

§ -6 Duties of the council. Any law to the contrary notwithstanding, the council shall:

(1) Establish a comprehensive state building code;

(2) Appoint a subcommittee comprised solely of each of the council members holding the county building official seats, whose duty shall be to recommend any necessary or desirable State amendments to the model codes. Any recommended State amendments shall require the unanimous agreement of the subcommittee;

(3) The council shall review and adopt, as appropriate, new model building codes within eighteen months of their official published date; and

(4) The council shall provide education 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.

§ -7 General authority. The state building code council may:

(1) Appoint other investigative technical expertise committees that may include council members;

(2) Expend money for technical references, equipment, supplies, and other operating expenses; and

(3) Contract for the conduct of research studies and provision of technical services.

§ -8 Prohibitions. The council shall not adopt state building code provisions that:

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

(2) Conflict with the provisions of chapter 464.

§ -9 Exemptions. (a) Upon adoption of rules under this chapter, the design of all state building construction shall be in compliance with the state building code within one year of its effective date, and state building construction shall be exempt from:

(1) Building codes of counties that have not adopted the state building code;

(2) Any county amendments to the state building code under section -11 that are inconsistent with the minimum performance objectives of the state building code or the objective enumerated in section -1; and

(3) Any county amendments to the state building code under section -11 that are contrary to code amendments adopted by another county.

(b) County ordinances allowing the exercise of indigenous Hawaiian architecture adopted in accordance with section 46-1.55 shall be exempt from the state building code.

§ -10 Annual report. The department of accounting and general services shall submit an annual report to the legislature no less than twenty days prior to the commencement of each regular session. The report shall detail the activities and accomplishments of the council.

§ -11 County authority to amend. (a) The governing body of each county is authorized to amend the state building code as it applies within that jurisdiction, in accordance with section 46‑1.5(13), without approval of the council, no later than two years after the adoption of the state building code. Each county shall use the model codes and standards listed in section ‑3 as the referenced model building codes and standards for its county building code ordinance.

(b) County amendments shall be consistent with the minimum performance standards of the state building code and the objectives enumerated in section -1.

(c) If the counties do not amend the statewide model codes within the two-year timeframe pursuant to subsection (a), the state building code shall become applicable as an interim county building code until the time that the county adopts its amendments."

SECTION 2. 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 2007-2008 for the operations of the state building code council.

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

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 2007-2008 and the same sum or so much thereof as may be necessary for fiscal year 2008-2009 for technical assistance services to the state building code council.

The sums 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, 2020.

HOUSE OF REPRESENTATIVES	H.B. NO.	93
TWENTY-FOURTH LEGISLATURE, 2007		H.D. 2
STATE OF HAWAII