Bill Text: HI HB1784 | 2022 | Regular Session | Amended
Bill Title: Relating To Building Inspections.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed - Dead) 2022-03-11 - Referred to PSM, WAM. [HB1784 Detail]
Download: Hawaii-2022-HB1784-Amended.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1784 |
THIRTY-FIRST LEGISLATURE, 2022 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO BUILDING INSPECTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the state building code council is charged with safeguarding life, property, and the general welfare by establishing and overseeing the state building codes. However, the codes do not specifically require that the structural integrity of buildings be regularly inspected. As evidenced by the shocking building collapse of the Surfside, Florida condominium building in June 2021, structural concerns may not always be apparent or addressed by general maintenance.
The legislature further finds that Hawaii's salty ocean environment can cause building structures to weaken and corrode. The anticipated increase in hurricanes caused by global warming makes ensuring building safety even more essential. The legislature recognizes that some buildings may be planning to undergo renovation and consequently has included the option for a building owner to apply to the state building code council for a waiver where the exterior walls of the building have been substantially restored during the seven years immediately preceding the date of the required inspection.
The purpose of this Act is to require that buildings five or more stories in height be periodically inspected to identify issues with their structural integrity.
SECTION 2. Chapter 107, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:
"§107- Periodic
inspection of buildings; requirements. (a) Building inspections shall be required as
follows:
(1) The owner of
each affected building shall be responsible for retaining a professional to
conduct periodic inspections of exterior walls and any appurtenances thereto
and prepare and file a report on the inspection as required by subsection (c);
(2) For affected
buildings in existence on the effective date of this Act, the first periodic
inspection required by this section shall be conducted by December 31,
2026;
(3) Following the
initial periodic inspection, an affected building shall be periodically
inspected and a corresponding report shall be filed on a seven-year cycle; and
(4) If all exterior
walls of an affected building have been substantially restored during the seven
years immediately preceding the date of any required inspection, the owner may
apply to the council for a waiver of the required inspection. The owner shall submit with the waiver
application any information that the council determines is necessary to enable
it to evaluate the request. The council
may grant the waiver if it determines that the recent exterior wall restoration
obviates the need for an inspection until the next inspection cycle.
(b) Procedures for inspections shall be as
follows:
(1) Before
inspecting an affected building, the retained professional shall review
previous reports, inspections, and evidence of repairs made during the seven-year
period being reported on including confirmation that all areas previously
determined to require remediation to be completed during the period being
reported on have been addressed;
(2) The inspection
shall be conducted by or under the supervision of the professional, and
performed in accordance with procedures based on ASTM E2270, Standard Practice
for Periodic Inspection of Building Facades for Unsafe Conditions. The professional shall determine the scope of
the required inspection based on the known history of the affected building,
nature of the materials used, and conditions observed;
(3) The
professional shall determine methods employed in the inspection; provided that
the methods shall include a physical, hands-on inspection of the affected
building. The professional may use
additional methods of inspection as deemed appropriate; provided that a
physical inspection from a scaffold or other observation platform shall be
required for a representative sample of the exterior wall. The professional shall determine what
constitutes a representative sample;
(4) The
professional shall employ the appropriate professional standard of care to detect
distressed conditions including delaminating, separating, spalling, corrosion,
splitting or fracturing of material or components, as well as movement or
displacement indicative of unsound facade materials or loss of structural support.
If a distressed condition is identified,
the professional shall order any other inspections and tests that may be
required to determine the significance and probable cause of the observed
distress;
(5) During the
course of the inspection, photographs shall be taken or drawings made to
properly document the location of all conditions observed that are either unsafe
or safe with a repair and maintenance program; and
(6) Upon discovery of any unsafe condition the professional shall immediately notify the owner of the affected building by electronic mail, and shall, within twelve hours of discovery, notify the respective county agency with responsibility over planning in writing and in an electronic format determined by the council.
(c) Reports shall be prepared as follows:
(1) The
professional shall submit to the owner of the affected building a written
report as to the result of each inspection, certifying that the inspection was
performed and completed in accordance with this section, and detailing all
conditions not classified as safe. The
professional shall also submit a summary of the written report to the council
in a form determined by the council. The
council may by rule impose a processing fee to cover the cost of report review
and evaluation that must be paid upon submission of the summary of the written
report. If the report identifies an
unsafe condition, the professional shall file the full report with the council
in writing and in an electronic format determined by the council within twenty-four
hours of completion of the report. The
owner or its agent shall retain all written reports submitted pursuant to this
subsection and keep them readily available for inspection by the council;
(2) The report shall
include, on its front page, the name and license number of the professional and
be signed, sealed, and dated by the professional in accordance with the
professional licensing and registration laws of the State, and shall include
the following:
(A) The
affected building's address and the location from the nearest intersection;
(B) The
name, mailing address, and telephone number of the owner of the affected building
and of the owner's agent or person in charge, possession, or control of the affected
building, if any;
(C) A
description of the affected building, including number of stories, height, plan
dimensions, usage, age and type of exterior wall construction, and system of
water management;
(D) A
brief history of any settlements, repairs, and revisions to exterior
enclosures, if available;
(E) The
date of the start and completion of the inspection, a detailed description of
the procedures used in making the inspection, and the extent and location of
all physical inspections performed;
(F) A
report of all conditions including but not limited to significant deterioration
and movement observed, a statement concerning the apparent water-tightness of
the exterior surfaces, and the deleterious effects of exterior
appurtenances. The report shall classify
each condition as safe, unsafe, or safe with a repair and maintenance program;
(G) The
probable causes of the reported conditions, to the extent they can be
determined;
(H) The
status of the exterior maintenance;
(I) For
any conditions listed in the previously filed report as unsafe or as safe with
a repair and maintenance program, if applicable, a statement as to whether such
conditions have been repaired or maintained as recommended in that report;
(J) Recommendations
for repairs or maintenance, if appropriate, including the recommended time
frame for the repairs or maintenance to be performed;
(K) The
classification of the affected building as "unsafe", "safe with
a repair and maintenance program", or "safe";
(L) Photographs
or drawings documenting the locations of any conditions that are either unsafe
or safe with a repair and maintenance program;
(M) A
statement by the professional indicating which repairs or maintenance require
the obtaining of work permits prior to their commencement;
(N) A
statement signed by the owner or agent of the affected building, acknowledging receipt
of a copy of the report and acknowledging all required repairs or maintenance,
if any, and the recommended time frame for performing those repairs or
maintenance;
(O) The
professional's certification that the physical inspection was performed in
accordance with procedures based on ASTM E2270, with applicable rules and
regulations, and within the appropriate professional standard of care;
(P) The
professional's seal and signature; and
(Q) Other
matters as the council may require; and
(3) The
professional may submit an amended report within thirty days of the initial
submission. The amended report shall
clearly indicate any changes from the initial report and all reasons for such
changes.
(d) Within twenty-four hours of being notified of
an unsafe condition by a professional, the owner of the affected building shall
take any actions necessary to protect public safety, including but not limited
to erecting temporary secure safety railings or barriers, protective sidewalk
walk-throughs, fences, and safety netting. These actions shall be considered as an effort
to remedy an emergency situation and appropriate permit applications shall be
submitted to the council within three days of their commencement. Within ten days of the receipt or filing of a
report identifying an unsafe condition, the owner of the affected building
shall commence work to correct the condition, and work shall continue without
interruption until the unsafe condition has been corrected, unless there has
been an unforeseen delay including but not limited to inclement weather or a
labor strike. Within two weeks after remediation
of the unsafe condition, the professional shall inspect the building again and
file a detailed amended report stating the updated condition of the building with
the council.
(e) The owner of the affected building shall be
responsible for ensuring that the conditions described in the report as "safe
with a repair and maintenance program" are repaired and the actions
identified by the professional are completed within the time frame designated
by the professional or by such time as is necessary to prevent a condition from
becoming an unsafe condition, whichever is earlier.
(f) The council may grant:
(1) An extension of
time of up to ninety days to begin the repairs required to remove an unsafe
condition or to repair a safe with a repair and maintenance program condition
after receipt and review of an initial extension application submitted by the
professional that includes:
(A) Proof
that the relevant premises of the affected building have been made safe by
means of a temporary secure safety railing or barrier, walk-through, fence, or
other appropriate measures;
(B) A
copy of the contract to perform the work necessary to remedy the unsafe
condition; and
(C) The
professional's estimate of the length of time required for repairs, and a
notarized affidavit by the owner of the affected building or its agent that the
required repairs will be completed within such time; and
(2) A further
extension of time shall be considered only upon receipt and review of a further
extension application that details that one of the following is met:
(A) The
work has been substantially completed, but there has been an unforeseen delay
in final completion, including but not limited to inclement weather or a labor
strike;
(B) Unforeseen
circumstances relating to the affected building including but not limited to
fire or collapse; or
(C) The nature of a hazard requires more than ninety days to remediate including but not limited to when building a new wall is required.
(g) The owner of the affected building may appeal
the findings set forth in the professional's initial report or amended report
to the council. The appeal shall be filed
within thirty days of the receipt or filing of the report, and shall include a second
professional's report. The filing and
pendency of the appeal shall stay the requirement for making repairs as set
forth in subsection (d), but shall not stay the requirement for taking actions
necessary to protect public safety.
Upon consideration of any appeal,
the council shall issue a recommendation to the building official either to
grant the appeal, deny the appeal, or grant the appeal with such proposed
modifications to the professional's findings as the board deems consistent with
the intent of this section. The building
official thereafter shall make the final determination on the appeal.
(h) As used in this section:
"Affected building" means
any building five or more stories in height.
"Appurtenance" means an
accessory to a building that includes but is not limited to exterior fixtures,
flagpoles, signs, parapets, copings, guard rails, window frames (including
hardware and lights), window guards, window air conditioners, flower boxes, and
similar items.
"Professional" means a state
licensed professional engineer experienced in the practice of structural
engineering or a state licensed architect knowledgeable in the design,
construction, and inspection of building exteriors.
"Safe" means a
condition of an exterior building wall or any appurtenance thereto that is
neither unsafe nor safe with a repair and maintenance program.
"Safe with a repair and
maintenance program" means that the professional does not consider the
condition of the affected building's exterior wall or any appurtenance thereto
to be unsafe at the time of inspection but requires repairs or maintenance
within a time period designated by the professional in order to prevent its
deterioration into an unsafe condition.
"Unsafe" means a
condition of the affected building's exterior wall or any appurtenance thereto
or part thereof that is dangerous to persons or property and requires prompt remedial
action.
(i) The council shall adopt pursuant to chapter 91 to implement this section."
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 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.
(i) The council may conduct reviews of periodic inspection reports of certain buildings pursuant to section 107- ."
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on January 1, 2050.
Report Title:
Buildings; Inspections; Structural Integrity; State Building Code; State Building Code Council
Description:
Requires periodic inspections of certain walls and appurtenances of buildings five or more stories in height. Requires the state building code council to review the periodic inspection reports. Effective 1/1/2050. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.