STAND. COM. REP. NO. 3344

Honolulu, Hawaii

RE: H.B. No. 1478

H.D. 2

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Commerce and Consumer Protection, to which was referred H.B. No. 1478, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC SAFETY,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Require property owners of residential real property to disclose, as part of the mandatory seller disclosures in real estate transactions, whether the installed smoke alarm is in accordance with existing building or residential codes based on information provided by the State Fire Council; and

(2) Require the State Fire Council to create and maintain an informational guide on approved smoke alarms that are in accordance with existing building or residential codes and post the guide on specified websites.

Your Committee received testimony in support of this measure from the State Fire Council, Maui Fire Department, Honolulu Fire Department, Community Associations Institute, and one individual. Your Committee received testimony in opposition to this measure from Associa and Hawai‘i Association of REALTORS.

Your Committee finds that smoke alarms, if properly installed and maintained, can help save the lives of persons in residential structures in the event of a fire. Existing building codes require new or renovated homes to have smoke alarms in and outside of every bedroom and on every level. This measure will help ensure buyers are informed as to the safety aspects of their potential purchase and may increase the likelihood that smoke alarms will be updated prior to a sale and purchase, without imposing substantial burdens on the transaction process.

Your Committee notes the operative provisions of this measure, as currently written, provide that the State Fire Council may create and maintain an informational guide on approved smoke alarms that are in accordance with existing state or county building or residential codes. Accordingly, amendments to this measure are necessary to require the State Fire Council to create and maintain the informational guide.

Your Committee has amended this measure by:

(1) Clarifying that the State Fire Council shall create and maintain an informational guide on approved smoke alarms that are in accordance with existing state or county building or residential codes; and

(2) Inserting an effective date of November 1, 2022.

As affirmed by the record of votes of the members of your Committee on Commerce and Consumer Protection that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1478, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1478, H.D. 2, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Commerce and Consumer Protection,

________________________________

ROSALYN H. BAKER, Chair