State Building Code and Design Standards

HRS div. 1, tit. 9, ch. 107, pt. II

in effect

HRS §107-21 Definitions

107-21. Definitions As used in this part: "Codes and standards" means nationally recognized minimum requirements that shall be met for design and construction to safeguard life, property, and the general welfare. "Council" means the state building code council. "Department" means the department of accounting and general services. "Hawaii state building codes" means the building codes and standards that the state building code council adopts under section 107-24. "Hurricane resistant criteria" means the design criteria for enhanced hurricane protection areas that are capable of withstanding a five hundred-year hurricane event, as developed by the state department of defense for public shelter and residential safe room design criteria. "State building construction" means any building construction project or program initiated by a state agency or requiring the use of state funds. [L 2007, c 82, pt of §2; am L 2014, c 164, §2]

HRS §107-22 State building code council

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 twelve 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 Hawaii state energy office of the department of business, economic development, and tourism; (5) One member representing the Hawaii emergency management agency, appointed by the director of Hawaii emergency management; (6) One member representing the Structural Engineers Association of Hawaii; (7) One member representing the American Institute of Architects, Hawaii State Council; (8) 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 (9) One member representing the Subcontractors' Association of Hawaii, who has significant experience with building codes. (b) Seven 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. [L 2007, c 82, pt of §2; am L 2014, c 164, §3; am L 2023, c 184, §1]

HRS §107-23 Executive director and executive assistant; council budget

107-23. Executive director and executive assistant; council budget (a) The council shall appoint, exempt from chapters 76 and 89, an executive director, who shall serve at the pleasure of the council, and who shall have administrative abilities and experience with the building industry. The council shall also appoint, exempt from chapters 76 and 89, an executive assistant, who shall have experience in statutory and administrative rulemaking processes to assist in carrying out the duties of the council under section 107-24. The council may appoint other staff who shall be subject to chapters 76 and 89. (b) The budgetary requirements for conducting meetings, training, travel, and other related responsibilities of the council, including salaries of the executive director, executive assistant, and other staff, shall be included in the budget of the department of accounting and general services. [L 2007, c 82, pt of §2; am L 2014, c 164, §4]

HRS §107-24 Authority and duties of the council

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) 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 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) The council may appoint other investigative, technical expertise committees, which may include council members. (e) 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) 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) 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) 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. [L 2007, c 82, pt of §2; am L 2014, c 164, §5; am L 2017, c 141, §2]

HRS §107-25 Hawaii state building codes; requirements

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. [L 2007, c 82, pt of §2; am L 2014, c 164, §6]

HRS §107-26 Hawaii state building codes; prohibitions

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: (A) Chapters 444 and 464; or (B) Section 46-4.7. [L 2007, c 82, pt of §2; am L 2014, c 164, §7; am L 2024, c 37, §3]

HRS §107-27 Design of state buildings

107-27. Design of state buildings (a) No later than one year after the adoption of codes or standards pursuant to section 107-24(c), 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. (b) Exemptions shall include county ordinances allowing the exercise of indigenous Hawaiian architecture adopted in accordance with section 46-1.55. (c) The State shall consider hurricane resistant criteria when designing and constructing new public schools for the capability of providing shelter refuge. (d) Beginning July 1, 2023, where feasible and cost-effective, the design of all new state building construction shall: (1) Maximize energy and water efficiency measures; (2) Maximize energy generation potential; and (3) Use building materials that reduce the carbon footprint of the project. [L 2007, c 82, pt of §2; am L 2014, c 164, §8; am L 2017, c 141, §3; am L 2018, c 84, §1; am L 2022, c 239, §3]

HRS §107-28 County authority to amend and adopt the Hawaii state building codes without council approval

107-28. County authority to amend and adopt the Hawaii state building codes without council approval (a) 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. (b) If a county does not amend the Hawaii state building codes within the two-year time frame, the Hawaii state building codes shall become applicable as an interim county building code. [L 2007, c 82, pt of §2; am L 2014, c 164, §9]

HRS §107-29 Rules

107-29. Rules The department shall adopt rules pursuant to chapter 91 necessary for the purposes of this part. L 2007, c 82, pt of §2

HRS §107-30 Annual report

107-30. Annual report The department shall report to the legislature, no later than twenty days prior to the convening of each regular legislative session, on the council's activities and accomplishments. L 2007, c 82, pt of §2

HRS §107-31 State building code; compliance

107-31. State building code; compliance The design of all state building construction shall be in compliance with the state building code within one year of its effective date. Note State building code, see chapter 3-180, Hawaii Administrative Rules. L 2007, c 82, pt of §2

HRS §107-32 Refrigerant use

107-32. Refrigerant use No provision of the Hawaii state building codes or any county building code shall prohibit or otherwise limit the use of a refrigerant designated as acceptable for use pursuant to title 42 United States Code section 7671k; provided that any equipment containing the refrigerant shall be listed and installed in accordance with any applicable safety standards and use conditions imposed for that equipment or refrigerant. [L 2024, c 57, §2]

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0107/HRS_0107-.htmFetched: 11/10/2026