Hawaii 2022 Regular Session

Hawaii Senate Bill SB2900 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 2900 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII A BILL FOR AN ACT relating to the state building code council. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 2900
4	4	THIRTY-FIRST LEGISLATURE, 2022
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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13	13	THIRTY-FIRST LEGISLATURE, 2022
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to the state building code council.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	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 Hawaii, which is now known as the Hawaii state building codes. The legislature believes that health and safety considerations related to the state building codes are matters of statewide concern. The legislature further finds that the state building code council has struggled with limited funding and insufficient staffing since its creation. It is also a concern that the members of the state building code council may lack the required experience in and knowledge on building codes and the cost impacts of building code revisions. Amendments to the state building codes proposed by the private sector and others that may financially benefit from the adoption of the proposed amendments, 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 Hawaii. The legislature also finds that the state building code council is significantly burdened by its duty to update the state building codes to conform to the International Building Code (IBC), since a new edition of the international code is published by the International Code Council every three years. The frequent updates affect not only the council, but also county building departments that must spend hundreds of workhours revising the county codes to reflect the updates; the construction industry that must spend considerable time and effort in learning the new codes and retraining workers; and consumers that are subject to the resulting increase in 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 Hawaii, 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) Add one voting member to the state building code council representing the Hawaii chapter of the National Association of Industrial and Office Properties; (2) Add one voting member to the state building code council representing the construction trade unions; (3) 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; and (4) 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) [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) 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 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. [(e)] (f) 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)] (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 107-27, 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 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 6. This Act shall take effect on July 1, 2022. INTRODUCED BY: _____________________________
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49	49	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 Hawaii, which is now known as the Hawaii state building codes. The legislature believes that health and safety considerations related to the state building codes are matters of statewide concern.
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51	51	The legislature further finds that the state building code council has struggled with limited funding and insufficient staffing since its creation. It is also a concern that the members of the state building code council may lack the required experience in and knowledge on building codes and the cost impacts of building code revisions. Amendments to the state building codes proposed by the private sector and others that may financially benefit from the adoption of the proposed amendments, 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 Hawaii.
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53	53	The legislature also finds that the state building code council is significantly burdened by its duty to update the state building codes to conform to the International Building Code (IBC), since a new edition of the international code is published by the International Code Council every three years. The frequent updates affect not only the council, but also county building departments that must spend hundreds of workhours revising the county codes to reflect the updates; the construction industry that must spend considerable time and effort in learning the new codes and retraining workers; and consumers that are subject to the resulting increase in building costs and delays in permit processing.
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55	55	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 Hawaii, especially when repeated every three years.
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57	57	Therefore, the purpose of this Act is to amend part II, chapter 107, Hawaii Revised Statutes, titled state building code and design standards, to:
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59	59	(1) Add one voting member to the state building code council representing the Hawaii chapter of the National Association of Industrial and Office Properties;
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61	61	(2) Add one voting member to the state building code council representing the construction trade unions;
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63	63	(3) 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; and
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65	65	(4) 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.
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67	67	SECTION 2. Section 107-22, Hawaii Revised Statutes, is amended to read as follows:
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69	69	"§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:
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71	71	(1) One county building official from each of the four counties appointed by the mayor;
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73	73	(2) One member representing the state fire council;
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75	75	(3) One member representing the department of labor and industrial relations who has significant experience in elevator safety;
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77	77	(4) One member representing the state energy office of the department of business, economic development, and tourism;
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79	79	(5) One member representing the Structural Engineers Association of Hawaii;
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81	81	(6) One member representing the American Institute of Architects, Hawaii State Council;
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83	83	(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]
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85	85	(8) One member representing the Subcontractors' Association of Hawaii who has significant experience with building codes[.];
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87	87	(9) One member representing the Hawaii chapter of the National Association of Industrial and Office Properties; and
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89	89	(10) One member representing the construction trade unions in Hawaii.
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91	91	(b) [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.
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93	93	(c) Members shall serve without compensation, but shall be reimbursed for expenses, including travel expenses necessary for the performance of their duties."
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95	95	SECTION 3. Section 107-24, Hawaii Revised Statutes, is amended to read as follows:
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97	97	"§107-24 Authority and duties of the council. (a) Any law to the contrary notwithstanding, the council shall establish the Hawaii state building codes.
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99	99	(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.
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101	101	(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.
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103	103	[(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.
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105	105	[(d)] (e) The council may appoint other investigative, technical expertise committees, which may include council members.
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107	107	[(e)] (f) 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.
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109	109	[(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.
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111	111	[(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.
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113	113	[(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."
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115	115	SECTION 4. Section 107-27, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
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117	117	"(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:
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119	119	(1) County codes that have not adopted the Hawaii state building codes;
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121	121	(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
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123	123	(3) Any county code amendments that are contrary to code amendments adopted by another county."
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125	125	SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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127	127	SECTION 6. This Act shall take effect on July 1, 2022.
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131	131	INTRODUCED BY: _____________________________
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133	133	INTRODUCED BY:
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141	141	Report Title: State Building Code Council; Member Configuration; International Building Code Adoption Cycle Description: Adds two voting council members, representing the National Association of Industrial and Office Properties and the construction trade unions, respectively. Requires council members and the drafters of recommended state code amendments to disclose potential conflicts of financial interests. Requires the council to adopt the International Building Code every six years starting with the 2018 edition. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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147	147	Report Title:
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149	149	State Building Code Council; Member Configuration; International Building Code Adoption Cycle
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153	153	Description:
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155	155	Adds two voting council members, representing the National Association of Industrial and Office Properties and the construction trade unions, respectively. Requires council members and the drafters of recommended state code amendments to disclose potential conflicts of financial interests. Requires the council to adopt the International Building Code every six years starting with the 2018 edition.
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163	163	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.