SB905

SECTION 1. The legislature finds that the state building code council is charged with safeguarding life, property, and the general welfare by establishing and overseeing the state building codes. However, the codes do not specifically require that the structural integrity of buildings be regularly inspected. As evidenced by the shocking building collapse of the Surfside, Florida condominium building in June 2021, structural concerns may not always be apparent or addressed by general maintenance.

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.

(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:	_____________________________

THE SENATE	S.B. NO.	905
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII