HB1725

PART I

SECTION 1. The legislature finds that when a county allows construction to begin before a final building permit is issued, such as through phased approval, foundation-only permits, or the city and county of Honolulu's special assignment inspection process, subsequent delays in the final permit issuance may result in a change to the applicable building code mid-project. For projects already under construction, a forced building code change often triggers redesigns, demolition, and rework that materially increase costs and delay completion. Freezing the applicable building code as of the date a complete permit application is accepted or the date any authorization to proceed is granted protects owners and contractors from these midstream costs.

The legislature further finds that the county permitting backlog occasionally has prolonged approval timelines, which magnifies the risk that a code may change before a final permit is issued. A clear statewide rule that fixes the applicable building code at the outset, while preserving a narrow safety exception, will provide predictability, reduce rework, and speed delivery of housing and other needed construction.

The purpose of this part is to establish that once a county accepts a complete building permit application or issues an authorization to proceed with construction, the applicable building codes, standards, and county amendments shall be fixed for the life of the permit, subject only to limited life-safety exceptions and ordinary permit expiration rules.

SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§46- Building codes; point-in-time applicability; permit application acceptance; authorization to proceed with construction. (a) The applicable building codes shall remain in effect for the term of any project at the time the county:

(1) Accepts a complete building permit application; or

(2) Issues an authorization to proceed with construction.

(b) The applicable code fixed under this section shall govern plan review, permit issuance, inspections, and issuance of a certificate of occupancy for the project.

(c) No county shall require compliance with any building code, standard, or county amendment adopted after an application has been accepted or an authorization has been issued pursuant to subsection (a) as a condition of continuing plan review, permit issuance, inspection, or certificate of occupancy for a project; provided that a county may require compliance with amendments if the county building official issues written findings that:

(1) A subsequently adopted code amendment addresses an imminent threat to life or safety that is directly implicated by the permitted scope of work for the project; and

(2) The requirement is narrowly tailored to address that threat without imposing unrelated upgrades for the project.

(d) If there is a material change in the project scope after an application has been accepted or an authorization has been issued pursuant to subsection (a), then a revised building permit application shall be submitted. The applicable code for the revised project shall be the building codes in effect on the date the county accepts the revised complete building permit application or issues an authorization to proceed with construction on the revised project.

(e) The applicable code fixed under this section shall remain in effect for the life of the permit and any extensions granted under the applicable building code's permit expiration rules; provided that the applicant diligently pursues the permit.

(f) Nothing in this section shall limit a county's authority to suspend or revoke permits or authorizations for cause or to enforce stop-work orders.

(g) Each county shall adopt or amend its ordinances as necessary to implement this section. The ordinances shall include criteria for:

(1) Administrative completeness;

(2) Time frames for applicant responses; and

(3) Methods of issuing authorizations to proceed with construction, which may include special assignment inspections under county ordinance.

(h) As used in this section:

"Applicable code" means the Hawaii state building codes as adopted and amended by the state building code council pursuant to section 107-24 and as further amended and adopted by a governing body of each county pursuant to section 107-B.

"Authorization to proceed with construction" means any written approval by a county building official that allows work to begin before or apart from issuance of a final building permit, including phased approval, foundation-only permits, special assignment inspections, early-start or partial permits, grading permits that allow structural site work, and utility permits that authorize trenching or installation of permanent service equipment.

"Complete building permit application" means an application that the county having jurisdiction has accepted as administratively complete under its published submission requirements.

"Diligently pursues" means the applicant responds to requests for information or corrections within the time frames established by county rule, requests inspections within the time periods required to keep a permit active, and otherwise proceeds without unreasonable delay.

"Material change" means a change that alters the occupancy group, increases design occupant load beyond the thresholds that change code requirements, increases building height or area beyond tabular limits, or changes the primary structural system. "Material change" does not include corrections responding to plan review comments, detailing, substitutions of like materials or equipment, value engineering, field clarifications, and comparable changes that do not alter code classification."

PART II

SECTION 3. The legislature finds that Hawaii faces a housing crisis driven in part by how hard and costly it has become to build new homes. Fragmented local amendments, frequent code changes, and applying commercial-style requirements to small residential buildings raise costs and slow delivery.

The legislature further finds that shifting from a three-year to a six-year adoption cycle for the state building codes will reduce churn and design rework and will increase familiarity and expertise within permitting agencies, with inspection staff, and among architects and engineers, leading to more consistent interpretations and faster, more predictable reviews. Mid-cycle statewide amendments should be limited to narrow circumstances such as federal preemption, error correction, and urgent life-safety needs.

The legislature also finds that requiring triplexes and fourplexes to comply with the International Building Code often makes these small residential projects cost prohibitive. When legal pathways are unaffordable, households are more likely to live in unpermitted or illegal dwelling units outside modern safety standards. Applying the International Residential Code to triplexes and fourplexes, when paired with authority for the state building code council or counties to require increased passive fire-safety measures, creates a financially viable path to build and legalize these homes while improving safety by bringing them under current codes.

The legislature additionally finds that counties should retain a transparent ability to adopt targeted technical amendments, either more stringent or, when supported by findings, less stringent than the statewide codes, and that counties should have added flexibility to adopt more stringent energy provisions when those provisions are shown to be cost-effective over time for typical buildings.

The legislature believes that predictability for builders and homeowners requires clear vesting. The code edition in effect when a complete building permit application is filed should govern the project for the life of the permit, with a short, pre-issuance election window at each statewide update without mixing provisions from different statewide editions.

Accordingly, the purpose of this part is to:

(1) Specify the applicability of the International Residential Code, as adopted and amended by the state building code council;

(2) Authorize a county to adopt amendments to the Hawaii state building code that are more stringent or less stringent than a corresponding state-adopted code provision, under certain circumstances, and repeal the counties' existing authority to amend or adopt the building codes without council approval; and

(3) Beginning on the effective date of the next statewide adoption of the International Code Council suite of applicable published codes as the Hawaii state building code, change the adoption of the Hawaii state building code from a two-year cycle to a six-year cycle.

SECTION 4. Chapter 107, Hawaii Revised Statutes, is amended by adding three new sections to part II to be appropriately designated and to read as follows:

"§107-A International Residential Code; applicability. (a) Notwithstanding any contrary provision in a model code, the International Residential Code, as adopted and amended by the council, shall apply to:

(1) Detached one- and two-family dwellings;

(2) Townhouses; and

(3) Multiplex residential buildings containing three or four dwelling units and no more than three stories above grade plane in height, whether units are arranged side-by-side or stacked; provided that the total floor area of the building does not exceed eight thousand square feet;

provided that dwelling-unit separation, structural fire resistance, protection of openings, and means of egress shall comply with the International Residential Code as adopted and amended by the council.

(b) A building shall not be required to comply with the International Building Code as adopted by the council solely because units are stacked or share common structural systems if the building meets the scope criteria of this subsection.

(c) Nothing in this section shall preclude the council or a county by ordinance from adopting increased passive fire-protection requirements applicable to buildings described in subsection (a)(3).

(d) For purposes of this section, "total floor area" means the sum of floor areas of all stories measured to the exterior faces of walls, including common areas and attached garages or carports.

§107-B County amendments to the Hawaii state building code. (a) The governing body of each county may adopt an amendment to any code adopted under section 107-25 that is more stringent or less stringent than the corresponding state-adopted code provisions, without approval by the council, if the county amendment:

(1) Is adopted by ordinance;

(2) Includes an economic and housing affordability impact statement that, to the extent practicable, quantifies construction cost and time impacts;

(3) For a more stringent amendment, includes findings that the amendment addresses a demonstrable local climatic, geologic, topographic, or cultural condition not adequately covered by the state-adopted code and is no more stringent than necessary to address that condition; provided that a county may adopt an amendment without the findings required by this paragraph if the ordinance states that the amendment is expected to reduce project cost or shorten design, permitting, or construction timelines for residential construction or for the conversion of existing buildings to residential use, without reducing health or life safety; and

(4) For a less stringent amendment, includes findings that the amendment maintains an acceptable level of health and life safety, considers local risk factors, and advances housing affordability or delivery.

(b) The governing body of each county may adopt more stringent energy conservation requirements within the scope of the International Energy Conservation Code or ASHRAE Standard 90.1 (Energy Standard for Sites and Buildings Except Low-Rise Residential Buildings) without the findings required by subsection (a)(3) if the county determines, and states in the adopting ordinance, that the amendment is cost-effective, based on a finding that utility bill savings over the first ten years will exceed the incremental installed cost of the amendment for typical buildings in the county. The adopted Energy Conservation Code may be enforced by the counties on a voluntary basis.

(c) County amendments adopted before the effective date of the next adoption of the Hawaii state building code shall continue to apply in the respective county until they are superseded or readopted under section 107-25, unless no longer applicable."

SECTION 5. 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) [~~The~~] Notwithstanding any other law to the contrary, beginning on the effective date of the next statewide adoption of the codes under section 107-25(3), 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.~~] on a six-year cycle by adopting every other published edition of each code. The council shall complete each statewide adoption within twenty-four months after publication of the edition being adopted. 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) Between six-year adoptions, the council may adopt limited statewide amendments only to:

(1) Implement federal preemption or state statutory changes;

(2) Correct errors or internal conflicts;

(3) Address imminent life-safety or post-disaster resilience issues;

(4) Maintain eligibility for federal incentives, including but not limited to mitigation, resilience, or disaster recovery programs of the Federal Emergency Management Agency, or alignment with recognized national standards; or

(5) Reduce project cost or shorten design, permitting, or construction timelines for residential construction or for the conversion of existing buildings to residential use, without diminishing health or life safety; provided that the council posts a brief statement of basis describing expected cost or schedule impacts and life-safety equivalency.

[~~(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~~] to promote consistent, non-duplicative 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 6. Section 107-28, Hawaii Revised Statutes, is repealed.

["~~§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.~~"]

SECTION 7. County building code provisions in effect on the effective date of this Act shall remain in effect until superseded by the next statewide adoption pursuant to section 107-24, Hawaii Revised Statutes, as amended by this Act, or by county amendments adopted under section 107-25, Hawaii Revised Statutes.

PART III

SECTION 8. The purpose of this part is to appropriate funds for one staff position and necessary consultant services for the state building code council to carry out statewide code adoption, economic and hazard analyses, and administrative support.

SECTION 9. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2026-2027 for one full-time equivalent (1.0 FTE) staff position and necessary consultant services for the state building code council to carry out statewide code adoption, economic and hazard analyses, and administrative support.

The sum appropriated shall be expended by the department of accounting and general services for the purposes of this Act.

PART IV

SECTION 10. In codifying the new sections added by section 4 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 12. This Act shall take effect upon its approval.

INTRODUCED BY:

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HOUSE OF REPRESENTATIVES	H.B. NO.	1725
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII