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THE SENATE |
S.R. NO. |
64 |
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THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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SENATE RESOLUTION
REQUESTING THE STATE AUDITOR TO CONDUCT A PERFORMANCE AUDIT OF THE HAWAII STATE BUILDING CODE COUNCIL.
WHEREAS, the Hawaii State Building Code Council was established to adopt and maintain a statewide building code to promote public safety, uniform construction standards, and consistent county building regulations; and
WHEREAS, although the intent of the Hawaii State Building Code Council was to bring consistency to the county regulations, the practical impact has been the opposite, resulting in greater inconsistency and unpredictability across jurisdictions; and
WHEREAS, the Hawaii State Building Code Council is responsible for reviewing and adopting updated editions of national model building codes, including the International Building Code, International Residential Code, and related codes, to ensure that Hawaii's construction standards remain current and responsive to evolving safety and engineering practices; and
WHEREAS, the current mandate to adopt updated codes every three years is too frequent, creating an inefficient cycle in which codes are updated before prior code updates can be fully implemented and causing significant burdens to stakeholders and major disruptions to the construction industry; and
WHEREAS, the Hawaii State Building Code Council is also tasked with providing guidance to and coordination among the counties and state agencies regarding building code adoption and implementation; and
WHEREAS, on September 15, 2023, the Governor issued an emergency proclamation relating to affordable housing that suspended certain provisions of law relating to the Hawaii State Building Code Council as part of emergency efforts to accelerate housing development in the State; and
WHEREAS, this suspension recognized that the Hawaii State Building Code Council was not operating efficiently and had become a barrier to housing production; and
WHEREAS, since the issuance of the proclamation, the Hawaii State Building Code Council has been effectively inactive; and
WHEREAS, the Hawaii State Building Code Council's extended dormancy provides an opportunity to evaluate whether the Council's functions are necessary, beneficial, or duplicative of responsibilities already carried out by counties or other agencies; and
WHEREAS, given the State's ongoing housing shortage and the need to streamline regulatory processes where appropriate, it is prudent for the Legislature to evaluate whether the structure, authority, and operations of the Hawaii State Building Code Council continue to serve the public interest; now, therefore,
BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2026, that the State Auditor is requested to conduct a performance audit of the Hawaii State Building Code Council; and
BE IT FURTHER RESOLVED that the performance audit is requested to focus on:
(1) The statutory purpose, duties, and authorities of the Hawaii State Building Code Council;
(2) The efficiency and practicality of the three-year code adoption cycle;
(3) The impact of the Council on regulatory consistency among the counties;
(4) The Council's historical performance in adopting and updating statewide building codes;
(5) The impacts of statewide code adoption on construction costs, permitting timelines, and housing production in Hawaii;
(6) The current makeup of the Council;
(7) Whether the Council has provided measurable benefits to public safety, regulatory consistency, and efficiency in the construction industry; and
(8) The implications of the Council's inactivity since September 15, 2023, including the impact on the adoption and implementation of building codes during that period; and
BE IT FURTHER RESOLVED that the State Auditor is requested to include in the audit:
(1) Data collection and analysis on whether the counties generate sufficient revenue through permitting and related fees to fully or partially fund the operations of a building code council;
(2) An examination of the historical hesitancy of the State to fund an executive director position for the Hawaii State Building Code Council;
(3) An assessment of whether the counties, as the direct administrators and enforcers of building codes, should be the primary drivers and funders of the Council;
(4) Potential alternative governance structures for building code adoption in Hawaii, including whether any modifications to, restructuring of, or repeal of the Council should be considered; and
(5) The viability of a model in which the counties manage, fund, and drive the code adoption process rather than the State; and
BE IT FURTHER RESOLVED that the State Auditor is requested to consult with the Department of Accounting and General Services, the Office of the Governor's Housing Team, the Planning Department of the County of Hawaii, the Planning Department of the County of Maui, the Planning Department of the County of Kauai, the Department of Planning and Permitting of the City and County of Honolulu, members of the construction industry, and other relevant stakeholders in preparing the audit; and
BE IT FURTHER RESOLVED that the State Auditor is requested to submit to the Legislature a report of its findings and recommendations, including any proposed legislation, no later than twenty days prior to the convening of the Regular Session of 2027; and
BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Governor, State Auditor, Comptroller, Director of the Planning Department of the County of Hawaii, Director of the Planning Department of the County of Maui, Director of the Planning Department of the County of Kauai, and Director of the Department of Planning and Permitting of the City and County of Honolulu.
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OFFERED BY: |
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Auditor; Performance Audit; Hawaii State Building Code Council; Governor's Housing Team; Department of Accounting and General Services; Counties