Hawaii 2023 Regular Session

Hawaii House Bill HB144 Compare Versions

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

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 144 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT relating to public safety. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 144
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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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 public safety.
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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 Act 53, Session Laws of Hawaii 2017, extended the prohibition on the counties' adoption of any codes or regulations requiring the installation of residential fire sprinklers in new one- and two-family dwellings, except to meet road access or fire fighting water supply requirements. Because of their reliability and effectiveness in suppressing a fire in its initial stages, national residential building codes have required residential fire sprinklers since 2009. Residential fire sprinklers have also been required since 2018 by the state residential code adopted by the state building code council. Residential fire sprinklers greatly reduce the spread of fire, lessening property damage by up to eighty per cent. The legislature recognizes that the respective counties face unique challenges and issues relating to fire protection. Population density, proximity of structures, infrastructure, access, and fire protection resources are all considerations when determining an area's fire protection needs. The intensity, severity, and spread of fire in a residential building are also greatly related to each building's materials. Although improvements have been made in building construction and design, the volatility and toxicity of the synthetic materials used in some new buildings allow untenable conditions to be reached more rapidly when a fire occurs. The National Fire Protection Association's Fire Sprinkler Initiative recognizes that each area faces unique challenges and therefore supports local control over residential fire sprinkler requirements. The initiative's legislative adoption report notes that only two states, California and Maryland, have statewide requirements for residential fire sprinklers in new one- and two-family dwellings, while eighteen states allow requirements to be determined by local jurisdictions. The legislature believes that it is not in the best interest of public health and safety to prohibit any measure that may be considered and adopted at the local level to improve fire survivability and reduce fire losses. Accordingly, the purpose of this Act is to allow each county to determine the proper requirements for residential fire sprinkler systems. SECTION 2. Section 46-19.8, Hawaii Revised Statutes, is repealed. ["[§46‑19.8] Fire sprinklers; residences. No county shall require the installation or retrofitting of automatic fire sprinklers or an automatic fire sprinkler system in: (1) Any new or existing detached one- or two-family dwelling unit in a structure used only for residential purposes; and (2) Nonresidential agricultural and aquacultural buildings and structures located outside an urban area; provided that this section shall not apply to new homes that require a variance from access road or firefighting water supply requirements."] SECTION 3. Statutory material to be repealed is bracketed and stricken. SECTION 4. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ By Request
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49	49	SECTION 1. The legislature finds that Act 53, Session Laws of Hawaii 2017, extended the prohibition on the counties' adoption of any codes or regulations requiring the installation of residential fire sprinklers in new one- and two-family dwellings, except to meet road access or fire fighting water supply requirements. Because of their reliability and effectiveness in suppressing a fire in its initial stages, national residential building codes have required residential fire sprinklers since 2009. Residential fire sprinklers have also been required since 2018 by the state residential code adopted by the state building code council. Residential fire sprinklers greatly reduce the spread of fire, lessening property damage by up to eighty per cent.
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51	51	The legislature recognizes that the respective counties face unique challenges and issues relating to fire protection. Population density, proximity of structures, infrastructure, access, and fire protection resources are all considerations when determining an area's fire protection needs. The intensity, severity, and spread of fire in a residential building are also greatly related to each building's materials. Although improvements have been made in building construction and design, the volatility and toxicity of the synthetic materials used in some new buildings allow untenable conditions to be reached more rapidly when a fire occurs.
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53	53	The National Fire Protection Association's Fire Sprinkler Initiative recognizes that each area faces unique challenges and therefore supports local control over residential fire sprinkler requirements. The initiative's legislative adoption report notes that only two states, California and Maryland, have statewide requirements for residential fire sprinklers in new one- and two-family dwellings, while eighteen states allow requirements to be determined by local jurisdictions. The legislature believes that it is not in the best interest of public health and safety to prohibit any measure that may be considered and adopted at the local level to improve fire survivability and reduce fire losses.
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55	55	Accordingly, the purpose of this Act is to allow each county to determine the proper requirements for residential fire sprinkler systems.
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57	57	SECTION 2. Section 46-19.8, Hawaii Revised Statutes, is repealed.
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59	59	["[§46‑19.8] Fire sprinklers; residences. No county shall require the installation or retrofitting of automatic fire sprinklers or an automatic fire sprinkler system in:
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61	61	(1) Any new or existing detached one- or two-family dwelling unit in a structure used only for residential purposes; and
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63	63	(2) Nonresidential agricultural and aquacultural buildings and structures located outside an urban area;
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65	65	provided that this section shall not apply to new homes that require a variance from access road or firefighting water supply requirements."]
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67	67	SECTION 3. Statutory material to be repealed is bracketed and stricken.
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69	69	SECTION 4. This Act shall take effect upon its approval.
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73	73	INTRODUCED BY: _____________________________
74	74	By Request
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76	76	INTRODUCED BY:
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78	78	_____________________________
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82	82	By Request
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84	84	Report Title: State Fire Council Package; Residential Fire Sprinkler Systems Description: Repeals section 46-19.8, Hawaii Revised Statutes, to allow the counties to determine the proper requirements for residential fire sprinkler systems. 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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90	90	Report Title:
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92	92	State Fire Council Package; Residential Fire Sprinkler Systems
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96	96	Description:
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98	98	Repeals section 46-19.8, Hawaii Revised Statutes, to allow the counties to determine the proper requirements for residential fire sprinkler systems.
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106	106	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.