SB2883

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 either hit or directly affect Hawaii. Previously, Hawaii had been protected by cooler waters around the State and by wind shear, which mitigated the threat of hurricanes. However, ocean temperatures around the State have grown warmer, reducing the number of days during which the State experiences trade winds from two hundred ninety-one in 1973 to two hundred ten in 2009. This reduction in trade winds has dramatically decreased the protection provided by wind shear, thereby raising the risk of future hurricanes.

The legislature also finds warmer seas have increased the intensity of hurricanes globally. Crucially, Category 5 hurricanes have become increasingly common, with some achieving wind speeds of over two hundred miles per hour. Category 5 hurricanes have caused extensive damage to buildings and residential structures. Notably, when hurricane Melissa hit Jamaica in 2025, over one hundred thousand structures were severely damaged by the storm.

The legislature additionally notes that the number of adequate shelters in the State is limited. In 2022, the city and county of Honolulu had sufficient shelter capacity for only one hundred thousand people, due to the county's lack of shelters that meet the appropriate criteria in the event of a hurricane. This lack of shelter space, combined with the high risk of damage to residential structures, leaves the State vulnerable to hurricanes and other severe storms. If a hurricane of Category 3 or higher were to directly affect the State, many residents could be left without shelter.

The legislature further finds that singly family homes and apartment buildings that are constructed to withstand Category 3, 4, and 5 hurricanes or that have safe rooms that will withstand Category 5 hurricanes could serve as locations for residents and their families and friends to take refuge, thereby reducing the number of individuals needing public shelters.

The legislature finds that people usually need to shelter for twelve to seventy-two hours during a hurricane, and thus a safe room needs to be large enough, at least one hundred twenty‑eight square feet, for people to be comfortable and to lie down, and must have an attached, accessible bathroom, both of which must be able to withstand winds of two hundred miles per hour or more.

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 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 built after January 1, 2027, in the State that are located within:

(1) The one hundred thirty mile per hour wind level be built to withstand at least a Category 3 hurricane and contain a residential safe room that is at least one hundred twenty-eight square feet in size, with attached bathroom, both of which can withstand winds over two hundred miles per hour and meet the International Code Council and National Storm Shelter Association's Standard for the Design and Construction of Storm Shelters; and

(2) The one hundred forty mile per hour wind level be built to withstand at least a Category 5 hurricane and contain a residential safe room that is at least one hundred twenty-eight square feet in size, with attached bathroom, both of which can withstand winds over two hundred miles per hour and meet the International Code Council and National Storm Shelter Association's Standard for the Design and Construction of Storm Shelters.

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; safe room. (a) Notwithstanding any law to the contrary, beginning January 1, 2027, all newly constructed single family residences and apartment buildings shall:

(1) Be built to withstand:

(A) A Category 3 hurricane on the Saffir-Simpson scale when located in an area that is expected to experience sustained wind speeds of one hundred thirty miles per hour during a hurricane or other high wind event; and

(B) A Category 5 hurricane on the Saffir-Simpson scale when located in an area that is expected to experience sustained wind speeds of one hundred forty miles per hour or higher during a hurricane or other high wind event; and

(2) Contain a residential safe room that:

(A) Is at least one hundred twenty-eight square feet;

(B) Includes an attached bathroom;

(D) Meets the International Code Council and National Storm Shelter Association's Standard for the Design and Construction of Storm Shelters.

(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 building codes in a manner that conflicts with this section.

"Apartment building" shall have the same meaning as section 521-8.

"Single family residence" shall have the same meaning as section 521-8."

SECTION 2. 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 3. 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 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:	_____________________________

THE SENATE	S.B. NO.	2883
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII