HB1742

SECTION 1. The legislature finds that the State continues to experience a severe shortage of housing at all income levels, and that high construction costs and long development timelines limit the State's ability to meet demand. The legislature further finds that advances in factory-built housing have created two categories of dwellings that can help address this crisis: self-contained relocatable housing units, which are movable and can operate independently of utilities; and manufactured homes, which are permanently installed and connected to utilities.

The legislature further finds, however, that outdated state law and inconsistent county permitting processes hinder the broader use of these homes, creating uncertainty for builders, landowners, and counties. A clear statewide framework is necessary to support the development of a wide range of housing and ensure that county authority is preserved.

The purpose of this Act is to authorize the construction and occupation of self-contained relocatable housing units in the State, with certain restrictions.

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

"Part . Self-contained relocatable housing

§46- Definitions. As used in this part, unless the context otherwise requires:

"Approved off-site construction inspection or certification agency" means a third-party agency that is accredited or otherwise recognized by the International Code Council, the Modular Building Institute, or a state or local building official to perform plan review and in-plant inspections for off-site construction programs.

"Manufacturer model number" means the unique identifier assigned by a manufacturer to a standardized self-contained relocatable housing unit design or series of designs that are constructed under an off-site construction program.

"Off-site construction program" means a program of design, construction, and quality assurance for factory-built housing conducted in accordance with the International Code Council or Modular Building Institute standards 1200, 1205, and 1210 for off-site construction, or any successor standards, and that:

(1) Provides plans and specifications for each manufacturer model number;

(2) Uses an approved off-site construction inspection or certification agency to perform plan review and in-plant inspections; and

(3) Issues documentation demonstrating that units bearing a given manufacturer model number have been constructed in accordance with the approved plans and applicable building codes.

"Residentially zoned lot" means a zoning lot in a county zoning district that is principally reserved for single-family and two-family detached dwellings. "Residentially zoned lot" does not include a lot in a county zoning district that is intended for rural, low-density residential development, and open space preservation.

"Self-contained relocatable housing unit" means a structure designed for human habitation that:

(1) Is constructed and documented in accordance with at least one of the following compliance pathways:

(A) Constructed in compliance with title 24 Code of Federal Regulations part 3280;

(B) Constructed under an off-site construction program that demonstrates compliance with the Hawaii state building code or an applicable county building code, including but not limited to the International Residential Code, International Building Code, or other model codes as adopted; or

(2) Has a total enclosed floor area of no more than four hundred square feet, excluding porches, decks, and similar appurtenances;

(3) Retains capability for relocation without structural disassembly;

(4) Operates independently of permanent utilities using integrated or portable systems for power, water, and wastewater;

(5) Uses structural wood components that are pressure-treated, otherwise preservative-treated, or constructed of naturally durable materials, in accordance with the Hawaii state building code or an applicable county building code, to provide resistance to decay and termites; and

(6) Is placed on land with the consent of the landowner.

"Transient accommodations" has the same meaning as in section 237D-1.

§46- Self-contained relocatable housing units; ministerial zoning permit; limitations. (a) Notwithstanding any law or ordinance to the contrary, a self-contained relocatable housing unit shall be allowed by right on any parcel of land with the consent of the property owner, subject only to a ministerial zoning permit from the county. Each self‑contained relocatable housing unit, including any accessory dwelling unit, guest house, additional rental unit, or similar residential unit, shall be treated as one dwelling unit for purposes of any county law limiting the number of such units on a lot, and shall be counted toward that limit.

(b) Each county shall issue the ministerial zoning permit within thirty calendar days of a complete application and payment of a reasonable fee not exceeding the actual review cost. If no written denial is issued within thirty days, the permit shall be deemed approved.

(1) A completed form, fee, and simple site plan;

(2) Documentation demonstrating compliance with at least one of the compliance pathways required for a self-contained relocatable housing unit, including:

(A) For a unit constructed in compliance with title 24 Code of Federal Regulations part 3280, a photo of the United States Department of Housing and Urban Development certification label and manufacturer's data plate, or a label‑verification or duplicate data plate from the Institute for Building Technology and Safety, the manufacturer, or an inspection agency approved by the United States Department of Housing and Urban Development;

(B) For a unit constructed under an off-site construction program, a copy of the off-site construction program certification or label for the applicable manufacturer model number, including documentation from an approved off-site construction inspection or certification agency that the unit was constructed under that program and in compliance with the applicable building code; or

(C) For a unit constructed or self-certified pursuant to section 46-90, a copy of the approved self‑certification, building permit, or other documentation submitted to or accepted by the county under section 46-90;

(3) If installed on site, any installation documentation required under paragraph (2), including but not limited to a manufactured home installation certification and verification report, installer declaration, or equivalent documentation accepted by the county;

(4) An affidavit that the unit will not be used as a short-term rental and will remain relocatable and self-contained; and

(5) The property owner's written consent if the applicant is not the owner.

(d) The county may deny an application only if:

(1) The application is incomplete after one request for missing items;

(2) The unit lacks valid documentation required under subsection (c)(2) demonstrating compliance with at least one of the compliance pathways required for a self-contained relocatable housing unit;

(3) The property on which the unit is to be situated lies within a prohibited area under subsection (i); or

(4) The siting of the self-contained relocatable housing unit would create an objective health or safety hazard.

(e) No building, electrical, or plumbing permit shall be required while the unit remains relocatable and self-contained.

(f) A permit may be revoked if the county finds clear and convincing evidence that the:

(1) Unit lacks valid documentation required under subsection (c)(2) demonstrating compliance with at least one of the compliance pathways required for a self-contained relocatable housing unit;

(2) Application contained material misrepresentation; or

(3) Unit has been affixed or connected to utilities; provided that if the unit is built in compliance with title 24 Code of Federal Regulations part 3280, that federal standard shall continue to govern construction and safety, and only local installation and utility-connection standards shall apply. In all other cases, the county building code shall apply.

(g) If the unit is constructed under an off-site construction program, the documentation described in subsection (c)(2)(B) shall be accepted as conclusive evidence that the factory-built portion of the unit complies with the Hawaii state building code or an applicable county building code, and the county may only enforce local standards for foundations, other site-built work, and any utility connections. If the unit is constructed or self-certified pursuant to section 46-90, no county shall require additional inspections of the factory-built portion of the unit beyond those authorized under that section, and may only enforce local standards for foundations, other site-built work, and any utility connections.

(h) Each county may adopt reasonable ordinances on sanitation, access, spacing, and safety of self-contained relocatable housing units; provided that each legal lot of record shall be entitled to at least one self-contained relocatable housing unit, and the counties may authorize additional units per lot by ordinance. Ordinances adopted under this subsection shall be objective, clearly defined, and shall not be applied in a manner that individually or cumulatively precludes the placement of at least one self-contained relocatable housing unit on each legal lot of record on which such a unit is allowed under this section.

(i) A self-contained relocatable housing unit:

(1) Shall not be used as a transient accommodation or short-term rental;

(2) Shall not be sited within the state conservation district established under chapter 205; and

(3) May be restricted or prohibited by county ordinance within special management areas, a special flood hazard area as delineated on flood maps issued by the Federal Emergency Management Agency, or areas designated as high wildfire risk.

(j) Nothing in this section shall be construed to:

(1) Authorize occupation of a unit in violation of public-health rules;

(2) Preempt state or county nuisance laws;

(3) Limit the jurisdiction of the department of land and natural resources over conservation lands;

(4) Preclude the construction or siting of modular or factory-built housing certified under the Hawaii state building code in lieu of homes constructed in compliance with title 24 Code of Federal Regulations part 3280; or

(5) Require a county to allow more units on a lot than are otherwise permitted, except to the extent that a county authorizes additional self-contained relocatable housing units by ordinance.

§46- Homeowners associations; preemption. (a) Notwithstanding any law, declaration, covenant, condition, bylaw, rule, or other governing document to the contrary, no association of apartment owners governed by chapter 514B, cooperative housing corporation governed by chapter 421I, or planned community association governed by chapter 421J shall adopt or enforce any provision that actively or effectively prohibits the placement or lawful occupancy of at least one self-contained relocatable housing unit on a residentially zoned lot on which such a unit is otherwise allowed pursuant to this part.

(b) This section shall not be construed to prohibit reasonable rules and regulations adopted and enforced in good faith by an association, as that term is defined in sections 421J-1 and 514B-3, or corporation, as that term is defined in section 421I-1 that:

(1) Regulate the location of a self-contained relocatable housing unit on a lot for purposes of compliance with objective fire safety, access, and utility easement requirements;

(2) Require compliance with applicable federal, state, and county laws and rules relating to health, safety, and sanitation; or

(3) Regulate colors, materials, and screening of the chassis and undercarriage of a self-contained relocatable housing unit in a manner that is no more restrictive than the association's regulations applicable to accessory dwelling units or detached accessory structures on the same lot.

(c) Any provision of a declaration, covenant, condition, bylaw, rule, or other governing document that conflicts with this section shall be void and unenforceable to the extent of the conflict."

SECTION 3. Section 291C-112, Hawaii Revised Statutes, is amended to read as follows:

"§291C-112 Certain uses of parked vehicles prohibited between 6:00 p.m. and 6:00 a.m.; definition; exceptions. (a) [No] Except as provided in subsection (b), no person shall use any vehicle for purposes of human habitation, whether or not the vehicle is designed or equipped for that purpose, while the vehicle is parked on any roadway, street, or highway or other public property between the hours of 6:00 p.m. and 6:00 a.m. or while the vehicle is parked on private property without authorization of the owner or occupant authorizing both the parking of the vehicle there and its use for purposes of human habitation.

[~~(b) As used in this section "purposes of human habitation" includes use as a dwelling place, living abode, or sleeping place.~~

~~(c)~~] (b) This section [~~does~~] shall not apply to the [~~parking~~]:

(1) Parking of vehicles and their use for purposes of human habitation in parks, camps, and other recreational areas in compliance with law and applicable rules and regulations, or under emergency conditions in the interest of vehicular safety[.]; or

(2) Lawful sitting or occupation of a self-contained relocatable housing unit as authorized pursuant to part of chapter 46.

[~~(d)~~] (c) The department of health shall [~~promulgate~~] adopt rules and regulations[,] pursuant to chapter 91, necessary for the administration of this section.

(d) As used in this section, "purposes of human habitation" includes use as a dwelling place, living abode, or sleeping place."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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HOUSE OF REPRESENTATIVES	H.B. NO.	1742
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII