HB 2358, HD3

HB 2358, HD3RELATING TO THE BUILDING CODE,Description:Establishes the Hawaii State Building Code, Hawaii State BuildingCode Council, and Natural Disaster Preparedness Commission.Effective July 1, 2030 (HB2358 HD3)

NEIL ABERCROMBIEDean H. SekIGOVERNORActing ComptrollerJan S. GouveIaDeputy ComptrollerSTATE OF HAWAIIDEPARTMENT OF ACCOUNTINGAND GENERAL SERVICESP.o. BOX 119HONOLULU. HAWAII 96810-0119WRITTEN TESTIMONYOFDEAN H. SEKI, ACTING COMPTROLLERDEPARTMENT OF ACCOUNTING AND GENERAL SERVICESTO THESENATE COMMITTEEONPUBLIC SAFETY, GOVERNMENT OPERATIONS, AND MILITARY AFFAIRSONMarch 20, 2012H.B. 2358, H.D. 3RELATING TO THE BUILDING CODEChair Espero and members of the Committee, thank you for the opportunity to submitwritten testimony on H.B. 2358, H.D. 3.The Department of Accounting and General Services (DAGS) opposes H.B. 2358,H.D.3.DAGS opposes this bill as it restructures the state Building Code Council (the Council)and creates the Natural Disaster Preparedness Commission (Commission). Our opposition isbased on the following concerns:1. There will be an increase in effort as two agencies, the Council and theCommission, will be reviewing building codes for adoption;2. The length of time to adopt codes will not be decreased and may in fact increase;

3. The challenges with adoption of new building codes by the respective countycouncils will remain; and4. Taxpayer funding will be required to operate these two agencies which have noadministrative responsibilities (i.e., permitting and inspection) over the buildingcodes as this is a county function.As an alternative, we would suggest that the language in H.B. 2434 be revisited as thatbill would reduce bureaucracy (by eliminating the Council) and reduce the time required forbuilding code adoption as the State model building codes would be adopted as published,eliminating the need for review by the Council. H.B. 2434 provides that the latest version of thefour basic building codes (i.e., the International Building Code, International EnergyConservation Code, the Uniform Plumbing Code and the National Electrical Code) will be theState codes at time of publication, eliminating the 18 month adoption period by the Council andstarting the clock for county adoption at publication date. H.B. 2434 also provides for a broaderset of codes than just the International Building Code which is reflected in H.B. 2358, H.D. 3.Additionally, the counties, which have the administrative functions, would have authority toamend the State codes to address geographical and cultural differences without the Council'sapproval which is required in H.B. 2358, H.D. 3.Thank you for the opportunity to submit written testimony on this matter.

NEIL ABERCROMBIEGOVERNORRICHARD C. LIMDEPARTMENT OF BUSINESS,ECONOMIC DEVELOPMENT & TOURISMNo.1 Capitol District Building, 250 South Hotel Street, 5th Floor, Honolulu, Hawaii 96813Mailing Address: P.O. Box 2359, Honolulu, Hawaii 96804Web site: WVJIN.hawail.gov/dbedtDIRECTORMARY ALICE EVANSDEPUTY DIRECTORTelephone:Fax:(808) 586·2355(808) 586-2377Statement ofRICHARD C. LIMDirectorDepartment of Business, Economic Development, and Tourismbefore theSENATE COMMITTEEonPUBLIC SAFETY, GOVERNMENT OPERATIONS, AND MILITARYTuesday, March 20,20123:20pmState Capitol, Conference Room 224in consideration ofHB2358,HD3RELATING TO THE BUILDING CODE.Chair Espero, Vice Chair Kidani, and members of the committee.The Department of Business, Economic Development, and Tourism (DBEDT) stronglyopposes HB2358, HD3 which dramatically amends the State Building Code Council (Council)and detrimentally strips the building code specialists of their responsibilities.The bill would remove code-making authority of the four county building divisionmanagers.DBEDT recommends continuing the Council and providing funding support, providedthat funding support does not adversely impact priorities indicated in our Executive Budget.Thank you for the opportunity to testify on this bill.HB2358 HD3 - BED- 03-20-12- PGM

NEIL ABERCROMBIEGOVERNORRICHARD C. UMDIRECTORMARY AUCE EVANSDEPARTM ENT OF BUSINESS,ECONOM IC DEVELOPM ENT & TOURISMOFFICE OF PLANNING235 South Beretania Street, 6th Floor, Honolulu. Hawaii 96813Mailing Address: P.O. Box 2359, Honolulu, Hawaii 96804DEPUTY DIRECTORJESSE K. SOUKIDIRECTOROFACE OF PlANNINGTelephone: (808) 587-2846Fax: (808) 587-2824Statement ofJESSE K. SOUIaDirector, Office of PlanningDepartment of Business, Economic Development, and Tourismbefore theSENATE COMMITTEE ON PUBLIC SAFETY, GOVERNMENT OPERATIONS,AND MILITARY AFFAIRSTuesday, March 20, 20123:20PMState Capitol, Conference Room 224in consideration ofHB 2358, HD3RELATING TO THE BUILDING CODE.Chair Espero, Vice Chair Kidani, and Members of the Senate Committee on PublicSafety, Government Operations, and Military Affairs.The Office of Planning (OP) strongly opposes this bill which seeks to amend HawaiiRevised Statutes (HRS) ch. 107, pt. II (Supp. 2007) on State Building Code and DesignStandards and related laws.OP administers HRS ch. 205A, the Coastal Zone Management (CZM) law. An objectiveof the CZM law is to reduce the loss oflife and property from coastal hazards. The purpose ofbuilding codes is to establish minimum acceptable standards necessary for preserving the publichealth, safety, and welfare, and to protect property. Thus, building codes and the quality ofdesign and construction of structures playa direct role in protection of life and property in anatural disaster.Such mitigation also plays a pivotal role in the financial costs of a disaster. In 2005, theMultihazard Mitigation Council conducted a congressionally mandated study, Natural HazardMitigation Saves: An Independent Study to Assess the Future Savings from Mitigation Activities,

which documented how every 1 spent on mitigation saves society an average of 4. The studyis widely known and cited, and remains relevant today.To address the coastal hazard mitigation objective of the CZM laws, OP applied for andreceived a federal Section 309 Enhancement Area Grant for fiscal years 2006-2010, focused onthe building of resilient communities statewide throug new building codes with hurricanedesign standards customized for the unique terrain of the islands of Hawaii. The work under thegrant consisted of adoption of state-of-the-art building codes with customized coastal hazardmitigation standards throughout the State of Hawaii; provision of high quality training oninterpretation and application of the building codes; and public outreach and education on naturalhazard mitigation.Development of the project proposal included detailed analyses of statewide hazardmitigation priorities. It was determined that completion of the wind speed assessments and winddesign standards was a state priority. The Federal Emergency Management Agency (FEMA) approved State Multi-Hazard Mitigation Plan, the County of Hawaii Multi-Hazard MitigationPlan, and the Hawaii Geographic Information Coordination Council's I-Plan all recognized theneed importance of upgrading the building codes.Customized wind design standards and maps were developed for the State of Hawaiiutilizing funding from the National Oceanic and Atmospheric Administration (NOAA) andFEMA with the concurrence of each county, during the period spanning 2005-2008. In 2008, theAmerican Society of Civil Engineers (ASCE) 7 Standards Committee revised the 2005 Editionof ASCE 7 by designating the State of Hawaii as a Special Wind Region. This designation issignificant as it represents a national acceptance of the technical accuracy of the Hawaii winddesign standards and it recognizes that for Hawaii, those standards supersede the moregeneralized national wind standards.OP initiated training of design professionals and building officials in the private andpublic sectors in the International Codes in May 2007. In doing so, OP has worked inpartnership with the building divisions of each of the four counties, the state agencies withdesign, building, and management responsibilities, the local chapters of the American Institute ofArchitects and the Construction Specifications Institute, the Structural Engineers Association of-2-

Hawaii, and the Hawaii Association of County Building Officials. Training has been heldconsistently since its inception in May 2007. Professional trainers in the International Codes, aswell as local experts, have provided training in all four counties of the State.The bill repeals the structure of a comprehensive building code under HRS ch. 107, byrepealing the requirements for plumbing, electrical, and health-related codes. Of great concern isthe repeal of residential and hurricane resistive standards for residential construction. Thesestandards would cover one- and two-family detached dwellings and multiple single-familydwellings. In effect, the wind design standards would no longer be required on a uniform basisthroughout the State, which will negate hurricane resistance, leading to great human loss, healthand social costs, property damage, business interruption, and state liability in the event of ahurricane.Of equally great concern is the bill's diminishment of the basic role of government insafeguarding health, safety, property, and public welfare. In so doing, the statewide communityis subject to greater loss of life and property from natural disasters. Post-disaster assistance fromFEMA will be severely limited as FEMA grants aid based on the building codes in place prior tothe disaster. OP therefore strongly recommends that this bill be held in Committee.Please note that House Standing Committee Report No. 936-12 is in error in its statementnaming a large number of organizations and individuals as testitying in support of this bill. Infact, those testimonies were in strong opposition to this bill.Thank you for the opportunity to provide testimony on this measure.-3-

srAlECFHAWAIlIFAAfMENTCF CEFENS::lESllMONY ON HOlEE BIll. 2358 HD3A BIll. RELATING TO ll-E BUILDING CClI:Effi :ENTATION TO THEOOMMITTEE ON PUBlX: SlIfEIYAND MILITJIRY AFFAIR: BYMAJCRC?EN3 II.DAARY1l.D. M. WONGADJUTANT GEf\ERALMarch 20, 2012Chair Espero, Vice Chair Kidani, Committee Members:I am Major General Darryll Wong, Adjutant General for the State of Hawaii and Director of CivilDefense, and I am testifying in CH'a ITION to HB 2358 HD3.HB 2358 HD3 proposes many changes to the Hawaii state building code that will threatens thelife and safety of the people of Hawaii. The most dangerous proposition in this measure is theexemption of State construction from Hawaii State building code requirements. This exemptionwould result in a severe shortage of suitable facilities for the State Public Shelter Program andwill contribute to loss of life or injury to Hawaii residents or visitors seeking shelter in anemergency.The State Public Shelter Program relies on state Department of Education facilities. Theelimination of wind resistive criteria from the state building code will result in fewer buildingsmeeting shelter criteria. Currently, we are 74,619 shelter spaoes short based on a planningestimate of 35% of the popUlation evacuating and needing shelter. This shortage will furtherincrease if HB 2358 HD3 is passed.HB 2358 HD3 also seeks to amend the Hawaii State building code to exclude the State Fire Code,the Uniform Building Code, Design Standards pursuant to Act 5, 2005, and code provisions thatare based on nationally published codes or standards.The current bill language proposes to establish a single code that will supersede all existingcodes, which will eliminate existing County and State building codes. As the bill also removesthe requirement that the State Building Code be updated within specific periods to the mostcurrent model code, the effective building code will be more than two decades old.