HOUSE OF REPRESENTATIVES

H.B. NO.

1933

THIRTIETH LEGISLATURE, 2020

H.D. 1

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 the state building code council was established by Act 82, Session Laws of Hawaii 2007, to adopt a uniform set of statewide building codes to apply consistent standards across Hawaii.  The International Building Code is currently being considered for adoption by all of the counties.  The legislature further finds that health and safety considerations related to the state building codes are matters of statewide concern.

     The legislature also finds that the state building code council has struggled with limited funding and insufficient staff since its creation.  With a majority of members of the state building code council composed of government officials, proposals raised by the private sector, especially those that do not pertain to public health or safety, are often adopted with little or no consideration for any resulting increase to the overall cost of construction in Hawaii.

     Although the state building code council plays a role in the adoption of the state building codes, adoption of the codes ultimately rests with each individual county.  The legislature finds that this two-step process results in delays to the adoption of building codes and increases to the cost of construction in Hawaii.  Therefore, the purpose of this Act is to repeal the state building code council.

     SECTION 2.  Section 107-21, Hawaii Revised Statutes, is amended as follows:

     1.   By amending the definition of "Hawaii state building codes" to read:

     ""Hawaii state building codes" means the building codes and standards [that the state building code council adopts under section 107-24.] contained in this part."

     2.   By deleting the definition of "council".

     [""Council" means the state building code council."]

     SECTION 3.  Section 107-27, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  [No later than one year after the adoption of codes or standards pursuant to section 107-24(c), the] The design of all state building construction shall be in compliance with the Hawaii state building codes, except state building construction shall be allowed to be exempted from:

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

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

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

     SECTION 4.  Section 107-28, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:

     "§107-28  County authority to amend and adopt the Hawaii state building codes [without council approval].  (a)  The governing body of each county shall amend, adopt, and update the Hawaii state building codes as they apply within their respective jurisdiction, in accordance with section 46-1.5(13)[, without approval of the council].  Each county shall amend and adopt the Hawaii state building codes and standards listed in section 107-25, as the referenced Hawaii state building codes and standards for its respective county building code ordinance, no later than two years after the adoption of the Hawaii state building codes."

     SECTION 5.  Section 201-12.8, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Subject to legislative appropriation, moneys from the fund may be expended by the Hawaii state energy office for the following purposes and used for no other purposes, except for those set forth in this section:

     (1)  To support the Hawaii clean energy initiative program and projects that promote and advance dependable and affordable energy, renewable energy, energy efficiency, energy self-sufficiency, and greater energy security and resiliency for the State and public facilities;

     (2)  To fund, to the extent possible, the climate change mitigation and adaptation commission and the greenhouse gas sequestration task force;

     (3)  To support achieving the zero emissions clean economy target set forth in section 225P-5;

     (4)  To fund the building energy efficiency revolving loan fund established in section 201-20; and

     (5)  To fund projects and incentives to promote the adoption of clean transportation technologies, develop clean vehicle charging infrastructure, and upgrade infrastructure to support the development of clean vehicle charging infrastructure[; and

     (6)  To fund, to the extent possible, the duties of the state building code council in section 107-24, as they relate to the development of energy conservation codes]."

     SECTION 6.  Section 107-22, Hawaii Revised Statutes, is repealed.

     ["§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 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.  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 labor and industrial relations who has significant experience in elevator safety;

     (4)  One member representing the state energy office of the department of business, economic development, and tourism;

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

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

     (7)  One member representing the Building Industry Association of Hawaii or the General Contractors Association of Hawaii, who has significant experience with building codes, with alternating four-year terms between the two organizations and the first four-year term to be served by the Building Industry Association of Hawaii; and

     (8)  One member representing the Subcontractors' Association of Hawaii who has significant experience with building codes.

     (b)  Seven 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."]

     SECTION 7.  Section 107-23, Hawaii Revised Statutes, is repealed.

     ["§107-23  Executive director and executive assistant; council budget.  (a)  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 experience with the building industry.  The council shall also appoint, exempt from chapters 76 and 89, an executive assistant, who shall have experience in statutory and administrative rulemaking processes to assist in carrying out the duties of the council under section 107-24.  The council may appoint other staff who shall be subject to chapters 76 and 89.

     (b)  The budgetary requirements for conducting meetings, training, travel, and other related responsibilities of the council, including salaries of the executive director, executive assistant, and other staff, shall be included in the budget of the department of accounting and general services."]

     SECTION 8.  Section 107-24, Hawaii Revised Statutes, is repealed.

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

     (b)  The council shall appoint a subcommittee comprising the four council members representing county building officials, whose duty shall be to recommend any necessary or desirable state amendments to the codes and standards identified in section 107-25.  Any recommended state amendments shall require the unanimous agreement of the subcommittee.

     (c)  The council shall adopt, amend, or update codes and standards identified in section 107-25 on a staggered basis as established by the council; provided that adoption of a code or standard shall be within two years of the official publication date of the code or standard, pursuant to chapter 92, and exempt from the requirements of chapter 91.  If the council does not adopt a code or standard identified in section 107-25 within the two-year time period, that code or standard shall automatically become part of the Hawaii state building code until superseded by the adoption of an amended version of the code or standard by the council pursuant to this subsection.

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

     (e)  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.

     (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 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 Hawaii state building codes adopted pursuant to this part.

     (h)  At the end of each fiscal year, the council shall submit a written report to the governor on the council's activities, including the codes and standards adopted, amended, or updated by the council."]

     SECTION 9.  Section 107-26, Hawaii Revised Statutes, is repealed.

     ["§107-26  Hawaii state building codes; prohibitions.  In adopting the Hawaii state building codes, the council shall not adopt provisions that:

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

     (2)  Conflict with chapters 444 and 464."]

     SECTION 10.  Section 107-30, Hawaii Revised Statutes, is repealed.

     ["[§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."]

     SECTION 11.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 12.  This Act shall take effect on July 1, 2025.

 

Report Title:

State Building Code Council; Repeal

 

Description:

Repeals the state building code council.  Takes effect on 7/1/2025.  (HD1)

 

 

 

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