A month after devastating wildfires swept through Maui in August 2023, Governor Josh Green announced an emergency proclamation aimed at delaying the adoption of new building codes, a move intended to alleviate an already worsening housing shortage. However, the governor’s office has recently shifted its approach and is now working to expedite the adoption of new building codes, ensuring that Hawaii aligns with the latest national standards, as both the state and local authorities grapple with the fast pace of changes required.

This new initiative comes in light of Hawaii’s ongoing challenges related to both frequent natural disasters, which stricter building codes can help mitigate, and a significant housing deficit of about 50,000 units, a lack that could be worsened by the costs involved in adhering to complex building regulations. An important and unexpected result of Green’s 2023 proclamation was the suspension of the State Building Code Council, the body responsible for updating regulations that govern construction practices. This pause accidentally led to the state adopting unmodified regulations set forth by the International Code Council, which may include provisions irrelevant to Hawaii’s climate, such as those concerning snowfall.

Now confronted with building codes that are not well-suited to Hawaii’s modern construction needs, Green’s administration is moving quickly to embrace modifications based on standards developed for 2024. Currently, the latest proclamation from Green indicates that counties will not be required to comply with the 2021 building codes, allowing them some flexibility during this transition. To facilitate the upcoming changes, the governor’s office plans to bring in two technical advisors to aid the State Code Council in revising the building codes.

By preparing drafts for code amendments in advance, the administration hopes to streamline the process for both the counties and the State Building Code Council once it resumes operations. Scott Glenn, a senior housing advisor to Governor Green, expressed hope that this approach would allow localities to better focus on their specific priorities regarding building requirements.

The decision to skip the 2021 code has garnered support from some advocates within the development and construction sectors, who have long criticized the existing code cycle. This cycle mandates that the state update its building codes every three years, which then must be amended and adopted by counties within a two-year timeframe. According to Geena Thielen of the Building Industry Association of Hawaii, this rapid cycle is unrealistic and leads to disorganization. “Our building code process, from top to bottom, is broken,” she declared.

Building codes play a vital role in establishing standards for various aspects of construction, encompassing everything from wall materials and electrical systems to safety regulations related to natural disasters, such as the installation of hurricane clips for securing roofs during storms. Yet, the process of adopting these codes has been a contentious issue, as stakeholders attempt to balance public safety and the need for updated codes with the desire to expedite housing development.

There is widespread agreement on the necessity for reforming the building code process, with suggestions that the state ought to hire additional staff for the State Building Code Council or slow down the adoption cycle altogether. In 2024, Representative Luke Evslin proposed a bill to allow every other International Code Council code to be adopted on a six-year cycle; however, he has since termed it a temporary solution to a more systemic issue after the bill failed to pass.

Concerns linger among architects and other professionals regarding the potential introduction of similar legislation in the upcoming 2025 session. Reid Mizue, president of AIA Hawaii, expressed that bypassing the 2021 codes could have severe repercussions for the state, especially in light of the catastrophic fires in Maui that took 102 lives and destroyed over 2,200 structures. “We do not like the idea that they have skipped over 2021, and that shouldn’t happen as we move forward,” he stated.

The Building Industry Association, along with other construction and development organizations, has endorsed changing the code cycle due to the challenges counties face in keeping up with changes. Thielen lamented that the State Building Code Council had failed to fulfill its intended mission of establishing a uniform construction code across Hawaii. Some counties, like Kauai, have only just recently adopted the 2018 State Building Code, while others have missed several iterations.

Dawn Takeuchi Apuna, the director of the Honolulu Department of Planning and Permitting, believes revising the adoption cycle could create a more manageable and efficient procedure for both public and private sectors. The governor’s moratorium on developing codes has allowed her staff to redirect their focus toward processing applications effectively.

Building codes are continuously evolving and are meant to adapt based on research, recent events like hurricanes and wildfires, and new technological innovations, such as energy storage systems and solar panels, which now hold dedicated sections in the updated codes. Karl Fippinger from the International Code Council remarked that previous codes were inadequate when addressing modern technologies, and a six-year cycle could deny communities the opportunity to embrace these advances safely.

Nevertheless, it seems a three-year cycle may be too brief for a voluntary council with limited members coming from various sectors. Established in 2007, the State Building Code Council included provisions for an executive director and assistant roles, but funding for these positions has yet to be secured. Mizue advocates for securing funding for these roles in the next legislative session, while Thielen proposes that if these positions are funded, the state code should be abolished, allowing the council to advise counties more effectively.