Hawaii-2021-SB1407-Introduced

SECTION 1. The legislature finds that the state building code council was established by Act 82, Session Laws of Hawaii 2007, to create and implement a uniform set of statewide building codes applicable to all construction in the State of Hawai‘i, which is now known as the Hawai‘i state building codes. 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 staffing since its creation. With most members being government officials lacking the required knowledge and experience, amendments to the state building codes proposed by the private sector and others, especially amendments to codes that do not pertain to public health or safety, are often adopted without a cost benefit analysis; input from residential, commercial, and industrial builders; or consideration of the resulting increase in the overall cost of construction in Hawai‘i. A recent code amendment recommended by a member, which failed to pass at the legislature and county council, would have increased the construction cost of a dwelling unit by over $24,000. The legislature also finds that some amendment proposals are made by parties that may financially benefit from the adoption of the proposed amendment.

The law requires the Hawai‘i state building codes to be based on various codes, including the International Building Code (IBC), which is published by the International Code Council. The state building code council is significantly burdened by its duty to update the state building codes to conform to the IBC, since a new edition of the international code is published every three years. The burden of this frequent updating affects not only the council, but also county building departments that must spend hundreds of workhours revising the county codes to reflect the updates, and the construction industry that must spend considerable time and effort in learning the new codes and retraining workers. The burden is ultimately passed onto consumers as additional building costs and delays in permit processing.

Despite the work performed by the state building code council, the decision to adopt the state building codes into county building 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 Hawai‘i, especially when repeated every three years.

Therefore, the purpose of this Act is to amend part II, chapter 107, Hawaii Revised Statutes, titled state building code and design standards, to:

(1) Require all members of the state building code council to have significant experience in and knowledge on building codes and the cost impacts of building code revisions;

(2) Add one voting member to the state building code council representing the Hawai‘i chapter of the National Association of Industrial and Office Properties;

(3) Add one voting member to the state building code council representing the construction trade unions;

(4) Require the state building code council and its subcommittee to conduct a cost benefit analysis of any state amendments to the codes prior to recommending the state amendment;

(5) Require voting members of the state building code council and persons drafting recommended state amendments to the codes to disclose all potential financial interests, relating to their recommendations;

(6) Require the state building code council to consult with builders of residential and commercial buildings in addition to general building contractor associations and building trade associations; and

(7) Require the state building code council to adopt every other new edition of the IBC instead of every new edition, starting with the adoption of the 2018 edition. This will enlarge the adoption cycle from three years to six years, which is consistent with past code adoption cycles by the counties and many other building codes and standards referenced in the IBC.

SECTION 2. Section 107-22, Hawaii Revised Statutes, is amended to read as follows:

"§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~~] thirteen 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.~~];

(9) One member representing the Hawaii chapter of the National Association of Industrial and Office Properties; and

(10) One member representing the construction trade unions in Hawaii.

(b) All voting members shall have significant experience and knowledge of building codes and cost-benefit analysis of building code revisions.

[~~(b)~~] (c) [~~Seven~~] Eight 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)~~] (d) Members shall serve without compensation, but shall be reimbursed for expenses, including travel expenses necessary for the performance of their duties."

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 a cost-benefit analysis and the unanimous agreement of the subcommittee.

(c) All voting members, members recommending a state amendment to the codes, and any person drafting the recommendation shall disclose all potential conflicts of financial interests relating to the recommended amendment to the council in writing prior to a member making a recommendation.

[~~(c)~~] (d) 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 the adoption of the International Building Code shall be every six years, starting with the adoption of the 2018 edition; provided further 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)~~] (e) The council may appoint other investigative, technical expertise committees, which may include council members[.] and other building professionals.

[~~(e)~~] (f) The council shall consult with residential, commercial, and industrial builders; general building contractor associations; and building trade associations to gather information and recommendations on construction costs, practices, and training relevant to building codes and standards.

[~~(f)~~] (g) 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)~~] (h) 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)~~] (i) 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 4. Section 107-26, Hawaii Revised Statutes, is amended to read as follows:

"§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[.]; or

(3) Are not based upon a cost-benefit analysis."

SECTION 5. 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),~~] 107-24(d), 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 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2021.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1407
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII