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Safer Buildings vs. More Housing: Balancing Building Codes in Hawaii
In the wake of the devastating 2023 Maui wildfires, Hawaii faces a dilemma familiar to many jurisdictions: how to ensure public safety with modern building codes while addressing the challenges of a housing shortage. The balance between these priorities has reignited debates about the pace of building code adoption and the structure of Hawaii’s regulatory process.The Fallout from Delayed Code Adoption
After the Maui fires, Governor Josh Green issued an emergency proclamation to halt the adoption of new building codes, citing concerns about exacerbating Hawaii’s housing shortage. However, the unintended consequence of this action was a halt to the State Building Code Council’s activities, which are critical for tailoring national model codes to Hawaii’s unique environment. Without amendments, the state defaulted to codes that included irrelevant requirements, such as snow load standards, while bypassing key provisions suited to Hawaii's risks, such as wildfire mitigation.The administration has since shifted gears, aiming to fast-track adoption of the 2024 codes, bypassing the 2021 edition entirely. This approach aims to streamline the process for counties, which must amend and implement state codes. However, this decision has sparked concerns from various stakeholders.
Balancing Safety and Housing Needs
Building codes play a critical role in protecting public safety, particularly in disaster-prone areas. However, compliance with updated codes often increases construction costs, potentially worsening Hawaii’s housing crisis. With a shortage of 50,000 housing units, stakeholders remain divided on how to balance these competing priorities.Key concerns include the pace of code adoption. Hawaii follows a three-year code cycle, during which the State Building Code Council updates codes, and counties amend and adopt them. Critics argue that this timeline is unrealistic given the limited staffing and resources at both state and county levels. Some industry representatives have advocated for adopting codes on a six-year cycle, but others warn this could leave communities vulnerable to disasters and technological advancements.
Calls for Reform
Many agree that the current process for adopting and implementing building codes in Hawaii needs reform. The State Building Code Council, created in 2007, was intended to provide uniform standards across the state but has struggled due to a lack of funding and dedicated staff. While legislation included roles for an executive director and assistant, these positions have never been funded, leaving the council reliant on volunteers.Counties, already burdened by the demands of the permitting process, have struggled to keep up. For instance, some counties have only recently adopted the 2018 code, skipping over subsequent updates. This delay hinders efforts to integrate advancements in building technologies, such as solar panels and energy storage systems, which are increasingly vital in disaster resilience and sustainability.
The Path Forward
As Hawaii moves toward adopting the 2024 codes, stakeholders are urging a comprehensive reevaluation of the process. Suggestions include funding staff positions for the State Building Code Council, extending the code adoption cycle, and improving collaboration between state and county agencies.While these changes may alleviate administrative burdens, they must be carefully balanced to ensure public safety is not compromised. As Hawaii rebuilds in the aftermath of the Maui fires, it has an opportunity to not only address immediate housing needs but also set a precedent for resilience in the face of future challenges.