Hawaii 2025 Regular Session

Hawaii House Bill HB356 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. 356 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT relating to the state building codeS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 356
4	4	THIRTY-THIRD LEGISLATURE, 2025
5	5	STATE OF HAWAII
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9	9	H.B. NO.
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13	13	THIRTY-THIRD LEGISLATURE, 2025
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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 codeS.
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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 with warmer ocean temperatures caused by climate change, the development zone for hurricanes in the eastern and central Pacific has moved northward, significantly increasing the potential for stronger storms and hurricanes crossing the Pacific ocean to affect Hawaii with extreme winds and precipitation. Previously, Hawaii had been protected by cooler waters and by the effect of southwest-headed tradewinds beneath northeast-headed winds in the opposite direction, also known as wind shear, which would tear hurricanes apart. The legislature further finds that ocean temperatures around the State have increased and, having lost two days of tradewinds each year for the past fifty years, Hawaii now experiences the protection provided by wind shear during only about half the year. Because of these climate changes, the grim reality is that there is great potential for the development of more category three, four, and five hurricanes that will impact Hawaii. Currently, the world experiences a category five hurricane, with winds over two hundred miles per hour, every eight years. However, by 2080, experts predict that the world will experience one category five hurricane each year, and the majority of these hurricanes are expected to occur in the northern Pacific, which includes Hawaii. The legislature also finds that the State's investments in hurricane safety measures have not improved and that its vulnerability to hurricane damage continues to worsen each year with aging infrastructure, buildings, and facilities. Hawaii contains approximately one hundred eighty-seven thousand wooden homes, and most will be damaged or destroyed during even a category one hurricane. The legislature additionally notes that a very limited number of refuge sites exists on each island. For instance, Oahu has merely thirty-two refuge areas that will accommodate only one hundred thousand individuals. The department of emergency management of the city and county of Honolulu estimates that two hundred thousand individuals will seek shelter during even a category one hurricane. Hawaii island has only one shelter that can withstand a category four hurricane. Besides that facility, the State has no shelters that are able to withstand a category three, four, or five hurricane. Furthermore, the legislature notes that when such a powerful hurricane strikes, there will be very few, if any, safe places for anyone to take shelter. Single-family homes and apartment buildings that are constructed to withstand category three, four, or five hurricanes could serve as locations for residents and their families and friends to take refuge, thereby reducing the number of individuals needing public shelters. Moreover, the legislature finds that during a hurricane or other high-wind incident, winds become stronger at higher elevations. Most homes in Hawaii are located within what is commonly referred to as the "one hundred thirty miles per hour wind level". At higher elevations, homes could be located within the "one hundred forty miles per hour wind level" or "the "one hundred fifty miles per hour wind level". The legislature further finds that the current generation has a deep moral obligation to itself and to future generations to begin now to build all structures, including homes, to withstand the highest category of hurricane that owners can afford. Therefore, the purpose of this Act is to amend the state building codes to require that all new single-family homes and apartment buildings in the State that are located: (1) Within the "one hundred thirty miles per hour wind level" be built to withstand at least a category three hurricane and contain a residential safe room with attached bathroom; and (2) Within the "one hundred forty miles per hour wind level" or above be built to withstand at least a category five hurricane and contain a residential safe room with attached bathroom. 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- Hurricane protection. (a) Notwithstanding any law to the contrary, beginning on January 1, 2026: (1) All newly constructed single-family residences and apartment buildings located within the one hundred thirty miles per hour wind level shall be built to withstand at least a category three hurricane and contain a residential safe room with attached bathroom; and (2) All newly constructed single-family residences and apartment buildings located within the one hundred forty miles per hour wind level or above shall be built to withstand at least a category five hurricane and contain a residential safe room with attached bathroom. (b) This section shall apply to all newly constructed single-family residences and apartment buildings in the State. Notwithstanding section 107-28, no county shall amend, adopt, or update the Hawaii state building codes in a manner that conflicts with this section. (c) As used in this section: "Apartment building" means a structure containing one or more dwelling units, except: (1) A single-family residence; or (2) A structure in which all tenants are roomers or boarders. "Category five hurricane" means a category five hurricane according to the Saffir-Simpson Hurricane Scale. "Category three hurricane" means a category three hurricane according to the Saffir-Simpson Hurricane Scale. "One hundred forty miles per hour wind level or above" means a geographical area that is expected to experience sustained wind speeds of one hundred forty miles per hour or more during a hurricane or other high-wind event. "One hundred thirty miles per hour wind level" means a geographical area that is expected to experience sustained wind speeds of up to one hundred thirty miles per hour during a hurricane or other high-wind event." SECTION 3. Section 107-25, Hawaii Revised Statutes, is amended to read as follows: "§107-25 Hawaii state building codes; requirements. There is established the Hawaii state building codes applicable to all construction in the State of Hawaii. The Hawaii state building codes shall be based upon: (1) The state fire code as adopted by the state fire council; (2) The Uniform Plumbing Code, as copyrighted and published by the International Association of Plumbing and Mechanical Officials, including its appendices; (3) The International Building Code, the International Residential Code, and the International Energy Conservation Code, as published by the International Code Council; (4) The National Electrical Code, as published by the National Fire Protection Association; (5) Hawaii design standards implementing the criteria pursuant to Act 5, Special Session Laws of Hawaii, 2005, as applicable to: (A) Emergency shelters built to comply with hurricane resistant criteria, including enhanced hurricane protection areas capable of withstanding a five hundred-year hurricane event as well as other storms and natural hazards; and (B) Essential government facilities requiring continuity of operations; [and] (6) Code provisions based on nationally published codes or standards that include but are not limited to residential and hurricane resistant standards related to loss mitigation standards in accordance with section 431P-12, elevator, mechanical, flood and tsunami, existing buildings, and onsite sewage disposal[.]; and (7) The requirements of section 107- ." SECTION 4. Section 107-28, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) [The] Except as provided in section 107- , the governing body of each county shall amend, adopt, and update the Hawaii state building codes as they apply within their respective jurisdiction, in accordance with section 46-1.5(13), without approval of the council. Each county shall amend and adopt the Hawaii state building codes and standards listed in section 107-25, as the referenced Hawaii state building codes and standards for its respective county building code ordinance, no later than two years after the adoption of the Hawaii state building codes." SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 6. This Act shall take effect on January 1, 2026. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that with warmer ocean temperatures caused by climate change, the development zone for hurricanes in the eastern and central Pacific has moved northward, significantly increasing the potential for stronger storms and hurricanes crossing the Pacific ocean to affect Hawaii with extreme winds and precipitation. Previously, Hawaii had been protected by cooler waters and by the effect of southwest-headed tradewinds beneath northeast-headed winds in the opposite direction, also known as wind shear, which would tear hurricanes apart.
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51	51	The legislature further finds that ocean temperatures around the State have increased and, having lost two days of tradewinds each year for the past fifty years, Hawaii now experiences the protection provided by wind shear during only about half the year. Because of these climate changes, the grim reality is that there is great potential for the development of more category three, four, and five hurricanes that will impact Hawaii. Currently, the world experiences a category five hurricane, with winds over two hundred miles per hour, every eight years. However, by 2080, experts predict that the world will experience one category five hurricane each year, and the majority of these hurricanes are expected to occur in the northern Pacific, which includes Hawaii.
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53	53	The legislature also finds that the State's investments in hurricane safety measures have not improved and that its vulnerability to hurricane damage continues to worsen each year with aging infrastructure, buildings, and facilities. Hawaii contains approximately one hundred eighty-seven thousand wooden homes, and most will be damaged or destroyed during even a category one hurricane.
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55	55	The legislature additionally notes that a very limited number of refuge sites exists on each island. For instance, Oahu has merely thirty-two refuge areas that will accommodate only one hundred thousand individuals. The department of emergency management of the city and county of Honolulu estimates that two hundred thousand individuals will seek shelter during even a category one hurricane. Hawaii island has only one shelter that can withstand a category four hurricane. Besides that facility, the State has no shelters that are able to withstand a category three, four, or five hurricane.
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57	57	Furthermore, the legislature notes that when such a powerful hurricane strikes, there will be very few, if any, safe places for anyone to take shelter. Single-family homes and apartment buildings that are constructed to withstand category three, four, or five hurricanes could serve as locations for residents and their families and friends to take refuge, thereby reducing the number of individuals needing public shelters.
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59	59	Moreover, the legislature finds that during a hurricane or other high-wind incident, winds become stronger at higher elevations. Most homes in Hawaii are located within what is commonly referred to as the "one hundred thirty miles per hour wind level". At higher elevations, homes could be located within the "one hundred forty miles per hour wind level" or "the "one hundred fifty miles per hour wind level".
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61	61	The legislature further finds that the current generation has a deep moral obligation to itself and to future generations to begin now to build all structures, including homes, to withstand the highest category of hurricane that owners can afford.
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63	63	Therefore, the purpose of this Act is to amend the state building codes to require that all new single-family homes and apartment buildings in the State that are located:
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65	65	(1) Within the "one hundred thirty miles per hour wind level" be built to withstand at least a category three hurricane and contain a residential safe room with attached bathroom; and
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67	67	(2) Within the "one hundred forty miles per hour wind level" or above be built to withstand at least a category five hurricane and contain a residential safe room with attached bathroom.
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69	69	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:
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71	71	"§107- Hurricane protection. (a) Notwithstanding any law to the contrary, beginning on January 1, 2026:
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73	73	(1) All newly constructed single-family residences and apartment buildings located within the one hundred thirty miles per hour wind level shall be built to withstand at least a category three hurricane and contain a residential safe room with attached bathroom; and
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75	75	(2) All newly constructed single-family residences and apartment buildings located within the one hundred forty miles per hour wind level or above shall be built to withstand at least a category five hurricane and contain a residential safe room with attached bathroom.
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77	77	(b) This section shall apply to all newly constructed single-family residences and apartment buildings in the State. Notwithstanding section 107-28, no county shall amend, adopt, or update the Hawaii state building codes in a manner that conflicts with this section.
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79	79	(c) As used in this section:
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81	81	"Apartment building" means a structure containing one or more dwelling units, except:
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83	83	(1) A single-family residence; or
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85	85	(2) A structure in which all tenants are roomers or boarders.
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87	87	"Category five hurricane" means a category five hurricane according to the Saffir-Simpson Hurricane Scale.
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89	89	"Category three hurricane" means a category three hurricane according to the Saffir-Simpson Hurricane Scale.
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91	91	"One hundred forty miles per hour wind level or above" means a geographical area that is expected to experience sustained wind speeds of one hundred forty miles per hour or more during a hurricane or other high-wind event.
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93	93	"One hundred thirty miles per hour wind level" means a geographical area that is expected to experience sustained wind speeds of up to one hundred thirty miles per hour during a hurricane or other high-wind event."
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95	95	SECTION 3. Section 107-25, Hawaii Revised Statutes, is amended to read as follows:
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97	97	"§107-25 Hawaii state building codes; requirements. There is established the Hawaii state building codes applicable to all construction in the State of Hawaii. The Hawaii state building codes shall be based upon:
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99	99	(1) The state fire code as adopted by the state fire council;
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101	101	(2) The Uniform Plumbing Code, as copyrighted and published by the International Association of Plumbing and Mechanical Officials, including its appendices;
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103	103	(3) The International Building Code, the International Residential Code, and the International Energy Conservation Code, as published by the International Code Council;
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105	105	(4) The National Electrical Code, as published by the National Fire Protection Association;
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107	107	(5) Hawaii design standards implementing the criteria pursuant to Act 5, Special Session Laws of Hawaii, 2005, as applicable to:
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109	109	(A) Emergency shelters built to comply with hurricane resistant criteria, including enhanced hurricane protection areas capable of withstanding a five hundred-year hurricane event as well as other storms and natural hazards; and
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111	111	(B) Essential government facilities requiring continuity of operations; [and]
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113	113	(6) Code provisions based on nationally published codes or standards that include but are not limited to residential and hurricane resistant standards related to loss mitigation standards in accordance with section 431P-12, elevator, mechanical, flood and tsunami, existing buildings, and onsite sewage disposal[.]; and
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115	115	(7) The requirements of section 107- ."
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117	117	SECTION 4. Section 107-28, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
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119	119	"(a) [The] Except as provided in section 107- , the governing body of each county shall amend, adopt, and update the Hawaii state building codes as they apply within their respective jurisdiction, in accordance with section 46-1.5(13), without approval of the council. Each county shall amend and adopt the Hawaii state building codes and standards listed in section 107-25, as the referenced Hawaii state building codes and standards for its respective county building code ordinance, no later than two years after the adoption of the Hawaii state building codes."
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121	121	SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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123	123	SECTION 6. This Act shall take effect on January 1, 2026.
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127	127	INTRODUCED BY: _____________________________
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129	129	INTRODUCED BY:
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131	131	_____________________________
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137	137	Report Title: State Building Codes; Hurricane Protection Description: Requires all newly constructed single-family residences and apartment buildings located within specified geographic areas to be built to withstand certain categories of hurricanes and to contain residential safe rooms with attached bathrooms. Effective 1/1/2026. 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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143	143	Report Title:
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145	145	State Building Codes; Hurricane Protection
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149	149	Description:
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151	151	Requires all newly constructed single-family residences and apartment buildings located within specified geographic areas to be built to withstand certain categories of hurricanes and to contain residential safe rooms with attached bathrooms. Effective 1/1/2026.
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159	159	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.