HOUSE OF REPRESENTATIVES	H.B. NO.	763
TWENTY-SEVENTH LEGISLATURE, 2013		H.D. 1
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.  Section 107-22, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(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] eleven 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)] (11).  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 department of business, economic development, and tourism Hawaii state energy office;

    [(5)] (6)  One member representing the Structural Engineers Association of Hawaii; [and]

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

(8) One member representing the Building Industry Association of Hawaii;

(9) One member representing the General Contractors Association of Hawaii;

(10) One member representing the Hawaii Construction Alliance; and

(11) One member representing the Subcontractors' Association of Hawaii."

     SECTION 2.  Section 107-24, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§107-24[]]  Authority and duties of the council.  (a)  Any law to the contrary notwithstanding, the council shall establish a recommended comprehensive model state building code[.] that shall be a part of a loss reduction plan that complies with the development of loss mitigation standards in accordance with section 431P-12.

     (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.] and standards identified in section 107-25, and shall designate the staggering of the adoption of the codes and standards to be adopted, amended, and updated at a frequency of no later than every six years in accordance with section 107-28.

     (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 the codes and standards identified in section 107-25 and adopt[,] recommended state amendments, as appropriate, [new model building codes] pursuant to section 107-24(b), within eighteen months of the official publication date[.] of the respective code or standard.  At least every two years, the council shall disseminate an itemized report of the substantially uniform code amendments adopted by at least three counties.

     (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] may 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.] and loss mitigation standards in accordance with section 431P-12."

     SECTION 3.  Section 107-25, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§107-25[]  State] Hawaii state building code; requirements.  There is established a Hawaii state building code applicable to all construction in the State of Hawaii.  The Hawaii state building code shall include[:] the following codes as amended by the substantially uniform code amendments adopted by at least three counties:

     (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;

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

(4) The National Electrical Code, as published by the National Fire Protection Association;

    [(4)] (5)  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)] (6)  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, and existing buildings [, and energy conservation standards for building design and construction, and onsite sewage disposal]."

     SECTION 4.  Section 107-27, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§107-27[]  Exemptions.] Design of state buildings. (a)  Upon adoption of [rules] substantially uniform code amendments by at least three counties under [this chapter,] section 107-28, and as reported by the council under section 107-24(e), the design of all state building construction shall be in compliance with the Hawaii state building code within one year [of its effective date, and], except that state building construction shall be allowed to be exempted from[:

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

(2) Any] any county code amendments that are

inconsistent with the minimum performance objectives of the Hawaii 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]."

     SECTION 5.  Section 107-28, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§107-28[]]  County building code authority to amend and adopt the [state] model state building [code] codes without state approval.  (a)  The governing body of each county shall amend, adopt, and update the model 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] amend and adopt the model state 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.] each of the model codes by the state building code council pursuant to section 107-24.

     (b)  If a county does not amend the [statewide] model [code] state codes and standards within the two-year time frame, the model state building [code] codes defined in section 107-24(e) shall become applicable as an interim county building code until the county adopts [the] its amendments."

     SECTION 6.  Section 107-29, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§107-29[]]  Rules.  The department shall adopt rules pursuant to chapter 91 as may be necessary for the purposes of defining the Hawaii state building code to consist of the codes and standards identified in section 107-25 and any substantially uniform amendments adopted by at least three counties in accordance with this part."

     SECTION 7.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act, upon its approval, shall take effect on July 1, 2013.

Report Title:

Hawaii State Building Code

Description:

Modifies the composition of the Hawaii State Building Code Council and revises the State Building Code.  Effective July 1, 2013.  (HB763 HD1)

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