Bill Text: HI SB905 | 2024 | Regular Session | Introduced
Bill Title: Relating To Building Inspections.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2023-12-11 - Carried over to 2024 Regular Session. [SB905 Detail]
Download: Hawaii-2024-SB905-Introduced.html
|
THE SENATE |
S.B. NO. |
905 |
|
THIRTY-SECOND LEGISLATURE, 2023 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
Relating to building inspections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that Hawai‘i's salty ocean environment can cause building structures to weaken and corrade. 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 to prepare and
file a report on the inspection as required by subsection (c);
(2) For affected buildings, the first
periodic inspection required by this section shall be conducted by December 31,
2027;
(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 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, and 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,
the professional shall take photographs or make drawings 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 department 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 shall 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 of
the affected building 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 on 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 maintenance and repair
program, if applicable, a statement as to whether the 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 the 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 the 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 the time estimated;
(2) A further extension of time which 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 the building of a new wall.
(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 proposed modifications to the professional's findings as the council deems
consistent with the intent of this section. The building official thereafter shall make
the final determination on the appeal.
(h) The council shall adopt rules in
accordance with chapter 91 to implement this section.
(i)
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 of Hawaii licensed professional engineer experienced in the
practice of structural engineering or a State of Hawaii 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 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 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."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Buildings; Inspections; Structural Integrity; State Building Code
Description:
Requires periodic inspections of certain walls and appurtenances of buildings five or more stories in height. Establishes procedures for inspections, preparing inspection reports, and responding to report findings.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
