HOUSE OF REPRESENTATIVES

H.B. NO.

2434

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE STATE BUILDING CODE.

 

 

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

 

     SECTION 1.  Chapter 107, part II, Hawaii Revised Statutes, is amended by amending part II to read as follows:

"PART II.  STATE BUILDING CODE AND DESIGN STANDARDS

     [[§107-21]  Definitions.  As used in this part:

     "Council" means the state building code council.

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

     "Hurricane resistive criteria" means the design criteria for enhanced hurricane protection areas that are 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.

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

     [§107-22]  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 and one nonvoting member, who shall be the comptroller or the comptroller's designee.  The council members shall serve four-year terms as defined in paragraphs (1) to (6).  The voting members shall include:

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

     (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; and

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

     (b)  Six voting members shall constitute a quorum.  The chairperson of the council shall be elected annually from among its members by a majority vote of the members of the council.

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

     [§107-23]  Executive director and executive assistant.  The council shall appoint, exempt from chapters 76 and 89, an executive director, who shall serve at the pleasure of the council, and who shall have administrative abilities and expertise in engineering or architecture.  The council shall also appoint, exempt from chapters 76 and 89, an executive assistant, who shall have experience in statutory and administrative rulemaking processes.

     [§107-24]  Authority and duties of the council.  (a)  Any law to the contrary notwithstanding, the council shall establish a comprehensive state building code.

     (b)  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.

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

     (d)  The council shall consult with general building contractor associations and building trade associations to gather information and recommendations on construction practices and training relevant to building codes and standards.

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

     (f)  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.

     (g)  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.]

     [[]§107-25[]]  State building code; requirements.  There is established a state building code applicable to all construction in the State of Hawaii.  The state building code shall include:

     (1)  The latest edition of the state fire code as adopted by the state fire 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; and

     (3)  The latest edition of the International Building Code, International Residential Code, and the International Energy Conservation Code as published by the International Code Council[;

     (4)  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

     (5)  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, flood and tsunami, existing buildings, and energy conservation standards for building design and construction, and onsite sewage disposal].

     [[§107-26]  State building code; prohibitions.  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; or

     (2)  Conflict with chapter 464.

     [§107-27]  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 allowed to be exempted from:

     (1)  County codes that have not adopted the state building code;

     (2)  Any county code amendments that are inconsistent with the minimum performance objectives of the state building code or the objectives enumerated in this part; or

     (3)  Any county code amendments that are contrary to code amendments adopted by another county.

     (b)  Exemptions shall include county ordinances allowing the exercise of indigenous Hawaiian architecture adopted in accordance with section 46-1.55.]

     [[]§107-28[]]  County building code authority to amend the state model building code without state approval.  (a)  For any state building code adopted by the state building code council prior to July 1, 2012:

     (1)  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 107-25, 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.

 [b] (2)  If a county does not amend the statewide model code within the two-year timeframe, the state building code shall become applicable as an interim county building code until the county adopts the amendments.

     (b)  For any state building code adopted by the state building code council on or subsequent to July 1, 2012:

     (1)  The governing body of each county shall amend or opt out of the adoption of the state building code as it applies within its respective jurisdiction.  Each county shall use the model codes and standards listed in section 107-25, as the referenced model building codes and standards for its respective county building code ordinance, no later than two years after the  publication date of the latest versions of the national building codes identified in section 107-25 unless the county opts out of adopting the state building code.

     (2)  If a county does not amend the statewide model code within the two-year timeframe, the state building code shall become applicable as an interim county building code until the county adopts the state building code or opts out of adoption.

     [[§107-29]  Rules.  The department shall adopt rules pursuant to chapter 91 necessary for the purposes of this part.

     [§107-30]  Annual report.  The department shall report to the legislature, no later than twenty days prior to the convening of each regular legislative session, on the council's activities and accomplishments.]

     [[]§107-31[]]  State building code; compliance.  The design of all state building construction shall be in compliance with the state building code within one year of its [effective date.] publication date."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2012.

 

INTRODUCED BY:

_____________________________

 

BY REQUEST

 

 

Report Title:

State Building Code

 

Description:

Abolishes the State Building Code Council, provides for a transition from the current to the new proposed law, and requires the counties to adopt building codes with their revisions or opt out of adoption.

 

 

 

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