THE SENATE	S.B. NO.	213
TWENTY-SEVENTH LEGISLATURE, 2013		S.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE STATE BUILDING CODE COUNCIL.

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

     SECTION 1.  The legislature finds that Act 82, Session Laws of Hawaii 2007, established the adoption of a uniform set of statewide building codes to apply consistent standards.  Act 82 also established a state building code council.

     The legislature finds, however, that unlike more than half of the states that have a building code council, Hawaii's building code council does not have any representatives from the construction industry and building trades.  In the state of Washington, for example, out of a total of fifteen voting members, four council members represent commercial and residential builders, suppliers, and the construction trades.  The International Code Council states that at least twenty-five state building code councils include a home builder representative.

     The purpose of this Act is to reconfigure the membership of the state building code council to increase construction industry and building trade representation on the state building code council and make an appropriation for the state building code council.

     SECTION 2.  Section 107-22, Hawaii Revised Statutes, is amended by amending the title and subsections (a) and (b) to read as follows:

"[[]§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] sixteen voting members and one nonvoting member, who shall be the comptroller or the comptroller's designee.  The following council members shall be voting members and 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)] (3)  One member representing the department of labor and industrial relations who has significant experience in elevator or fire safety;

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

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

    [(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 Hawaii Construction Alliance;

(9) One member representing the Subcontractors' Association of Hawaii;

(10) One member representing the department of business, economic development, and tourism;

(11) One member representing the department of accounting and general services;

(12) One member representing the Hawaii Building and Construction Trades Council; and

(13) One member representing the American Council of Engineering Companies.

     (b)  [Six] Nine 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."

     SECTION 3.  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 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)] (d)  The council shall review and adopt, as appropriate, new model building codes within eighteen months of the official publication date.

     [(f)] (e)  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)] (f)  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."

     SECTION 4.  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 2013-2014 to support the state building code council's efforts to adopt a uniform set of statewide building codes and consistent standards.

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

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2050.

Report Title:

State Building Code Council; Membership; Authority and Duties; Appropriation

Description:

Reconfigures the membership of the state building code council by eliminating the member from the department of health and adding members from the Building Industry Association; General Contractors Association; Hawaii Construction Alliance; Subcontractors' Association of Hawaii; department of business, economic development, and tourism; department of accounting and general services; Hawaii Building and Construction Trades Council; and American Council of Engineering Companies.  Changes the requirements for a quorum from six to nine.  Eliminates the council's obligation to consult with private sector representatives regarding construction practices and training.  Makes an appropriation.  Effective 7/1/2050.  (SD2)

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