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THE SENATE |
S.B. NO. |
66 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HOUSING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that some of the largest obstacles for developers to construct more housing in the State are:
(1) A lack of areas having proper zoning for residential dwellings to be constructed;
(2) A lack of infrastructure to support newly developed residential dwellings; and
(3) Delays in the issuance of building permits for single‑family and multi-family projects.
The building permit processing times for single-family and multi-family projects vary tremendously across the United States. However, the counties in Hawaii seem to have some of the longest processing times for residential building permits. A study prepared by the university of Hawaii economic research office in April 2022 found that, on average, Hawaii homebuilders wait three times longer for permits than those in other states, which drives up costs significantly and creates uncertainty, serving as a disincentive to build new projects. Furthermore, the study found that, compared to the most regulated markets in the country, Hawaii's permit delays are almost two times longer, meaning it can take from one year to one year and a half for a permit to be approved.
The lengthy processing times to obtain a building permit begs the question: What information is necessary for counties when processing building permit applications? The basic responsibilities of the county are to ensure compliance with various building codes and ensure adequate infrastructure capacity to support the proposed project or development. Although the counties are responsible to monitor for compliance with various building codes, if the construction plans do not satisfy the code and are not corrected prior to construction, the designer (a licensed professional who stamped the plans) and the contractor are ultimately responsible. The county is also not typically involved in litigation as the building permit process is ministerial, mainly to check for code compliance.
In other municipalities around the country, building plans are not scrutinized to the extent that they are in Hawaii counties. In Hawaii, the plan review is to ensure that the design meets all applicable codes. However, in other municipalities, the plans are used as a guide while code compliance verification is completed upon inspection of the project during construction. Inspectors who find that construction does not satisfy the code either have the correction made in the field or stop construction until proper corrective actions have been taken to ensure that new construction meets the code. Ultimately, the design professional and contractor are responsible to ensure new construction meets all applicable codes.
Accordingly, the purpose of this Act is to establish a permit process that shifts the responsibility for code compliance from the counties to the design professional for all single-family and multi-family residential projects.
SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§46-
Building permit applications;
certification; review time limit. (a) For single-family and multi-family projects
in each county, a building permit shall be issued within sixty days of an
application being filed that is stamped by a duly licensed structural, civil,
electrical, or mechanical engineer and architect certifying that all plans and
specifications are in compliance with the applicable building codes for the
respective county. The certification
shall include a statement that adequate infrastructure capacity is available to
service the project site. During the
sixty-day period after the building permit application has been submitted, the
respective county shall ensure that the project is in compliance with
applicable ordinances regarding land use, set‑back, height, and site
development requirements for the project site; provided that noncompliance with
any of the county's discretionary approvals may delay the county's issuance of
the building permit. If a permit submitted
under this section is not approved by the county within sixty days of a
complete application being filed, it shall be deemed approved; provided that
county approval has not been delayed due to noncompliance of the permit with
applicable state law or county ordinances. Nothing in this section shall be construed to
allow any violation of federal, state, or county laws or rules.
(b) A county shall not consider an application
complete until:
(1) Either:
(A) The county has made a reasonable and
good‑faith determination that the project does not have the potential to
affect historic properties, archeological resources, or burial sites; or
(B) The project has been submitted to the state historic preservation division of the department of land and natural resources and the chapter 6E process has been completed; and
(2) The developer submits documentation evidencing that the proposed development does not encroach in Special Flood Hazard Areas identified as "A" or "V" zones on the Federal Emergency Management Agency's Flood Insurance Rate Maps, or the applicable county official has reviewed the proposed development for floodplain management compliance and has issued a development permit for construction."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Housing; Counties; Building Permits; Review Time Limits; Code Compliance
Description:
Requires counties to grant building permits within 60 days if the application is stamped and certified by a licensed engineer and architect and other certain conditions are met.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.