STAND. COM. REP. NO. 3071

Honolulu, Hawaii

RE: S.B. No. 2128

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committees on Commerce, Consumer Protection, and Health and Judiciary, to which was referred S.B. No. 2128 entitled:

"A BILL FOR AN ACT RELATING TO FIRE PROTECTION,"

beg leave to report as follows:

The purpose and intent of this measure is to:

(1) Require the builders of new dwellings to provide buyers with information on the benefits and costs associated with installing and maintaining a residential fire sprinkler system; and

(2) Require the Department of Commerce and Consumer Affairs Professional and Vocational Licensing Division to develop a standard form for this purpose.

Your Committees received testimony in support of this measure from the Department of Labor and Industrial Relations, National Ready Mixed Concrete Association, and one individual. Your Committees received testimony in opposition to this measure from the Department of Commerce and Consumer Affairs.

Your Committees find that eight out of ten deaths occur in a residential home regardless if smoke detectors were installed, and studies have shown that installed fire sprinklers reduce deaths by upwards of ninety percent. While it is no secret that automatic fire sprinklers save lives and reduce property damage, there exists a lack of awareness of the real threat of fire to our residences. Newer properties are especially vulnerable given their use of combustible engineered lumber and the plastic composition of modern furnishings. This measure will help better inform homebuyers about their options to protect their homes and families from the threat of fire.

Your Committees have further heard the concerns raised by the Department of Commerce and Consumer Affairs that the Professional and Vocational Licensing Division is not the proper agency to develop a standard form to be used in accordance with this measure. Accordingly, amendments to this measure are necessary to address this concern.

Your Committees have amended this measure by:

(1) Requiring the State Fire Council to prepare a form wherein the buyer shall acknowledge receipt of the written materials from the builder, which shall be filed with the Executive Director of the Office of Consumer Protection;

(2) Requiring the State Fire Council, with assistance from the Executive Director of the Office of Consumer Protection, to research and develop a standard form or forms, similar to those used in other jurisdictions, to be used to confirm the buyer's receipt of the written materials required by this measure;

(3) Authorizing the State Fire Council to amend the form or forms from time to time;

(4) Inserting an effective date of January 2, 2050, to encourage further discussion; and

(5) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the records of votes of the members of your Committees on Commerce, Consumer Protection, and Health and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2128, as amended herein, and recommend that it pass Third Reading in the form attached hereto as S.B. No. 2128, S.D. 1.

Respectfully submitted on behalf of the members of the Committees on Commerce, Consumer Protection, and Health and Judiciary,

________________________________ KARL RHOADS, Chair

________________________________ ROSALYN H. BAKER, Chair