SB102

SECTION 1. The legislature finds that there is a recurring problem in that throughout the State's history, the counties have adopted building codes on independent schedules, and counties have on occasion skipped periodic updates of the codes. As a result, it has been common for several archaic building codes to be in simultaneous use in Hawaii. These older code provisions do not utilize lessons learned from recent past disasters, and they do not include improvements made to provide disaster-resistant integrity in building construction. To complicate matters more, several state agencies still use administrative rules to establish building regulations that do not necessarily reflect current national consensus standards, and coordination of these additional requirements has not been explicitly performed by a single lead agency.

The legislature further finds that for reasons of public safety, health, and welfare, buildings should conform to the latest codes to afford sufficient protection against natural hazards. For example, the loss of functionality of island of Hawaii hospitals during the Kiholo Bay earthquake can be traced to archaic building construction practices that did not include adequate bracing of nonstructural elements such as ceilings. Experience shows that communities that have modern, well‑enforced codes and standards have sustained less damage during major disasters and are able to recover more quickly.

The purpose of this Act is to establish a coordinated building code process, developed in accordance with the recommendations of the task force created by Senate Concurrent Resolution 17, 2005, and with the unanimous consensus of county building officials, the state fire council, representatives of the construction industry, the property insurance industry, realtors, the Structural Engineers Association of Hawaii, and the American Institute of Architects Hawaii Chapter.

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

"Part . STATE BUILDING CODE AND DESIGN STANDARDS

§107-A Definitions. As used in this part:

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

§107-B State building code council. (a) There is established a state building code council. The council shall be placed within the department of accounting and general services for administrative purposes only. The council shall consist of nine voting members, appointed by the comptroller, and one ex officio nonvoting member. The voting members shall include:

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

(2) One member representing the state fire council;

(3) One member representing the 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; and

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

The comptroller or the comptroller's designated representative shall serve as the ex officio nonvoting member.

Members shall serve for terms of four years and each member shall hold office until the member's successor is appointed.

(b) Five voting members shall constitute a quorum. The chairperson of the council shall be elected annually by a quorum of its members.

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

§107-C Executive director and executive assistant. The council shall appoint, exempt from chapters 76 and 88, an executive director, who shall serve at the pleasure of the council 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.

§107-D Authority and duties of the council. (a) Any law to the contrary notwithstanding, the council shall establish a comprehensive state building code.

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

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

(2) Hawaii design standards implementing the criteria developed by the department of defense 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; and

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

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

(d) The council shall appoint a subcommittee comprised of the four council members representing county building officials, 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.

(e) The council may appoint other investigative, technical expertise committees, which may include council members.

(f) The council shall review and adopt, as appropriate, new model building codes within eighteen months of the official publication date.

(g) The council may make expenditures for technical references, equipment and supplies, and other operating expenses, and may contract for the conduct of research studies and other technical services.

(h) 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 adopted pursuant to this part.

(i) In adopting a state building code, the council shall not adopt provisions that:

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

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

(j) Upon adoption of rules pursuant to section 107-F, the State shall be exempted from county building codes for state building construction.

§107-E County building code authority to amend the state model building code without state approval. The governing body of each county shall amend the state building code as it applies within its respective jurisdiction, in accordance with section 46-1.5(13), without approval of the council. Each county shall use the model codes and standards listed in section 107-D(c), as the referenced model building codes and standards for its respective county building code ordinance, no later than two years after the adoption of the state building code. County amendments shall be consistent with the minimum performance standards of the state building code. If a county does not amend the statewide model codes within the two-year timeframe, the state building code shall become applicable as an interim county building code until the county adopts the amendments.

§107-F Rules. The department shall adopt rules pursuant to chapter 91, to provide a building code for state building construction.

§107-G Annual report. The department shall report to the legislature no later than twenty days prior to the opening of each regular legislative session on the council's activities and accomplishments."

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. There is appropriated out of the general revenues of the State of Hawaii the sum of $500,000, or so much thereof as may be necessary for fiscal year 2007-2008, for the operations of the state building code council, including technical assistance services as required.

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

SECTION 5. 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 6. This Act shall take effect on July 1, 2007.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	102
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII