Laserfiche WebLink
Dominic Yagong, Chair <br />Hawai`i County Council <br />October 17, 2011 <br />Page 8 of 9 <br />The purpose of this Act is to require the department of <br />accounting and general services to establish and implement a state <br />building code. <br />S.B. 795, 24th Leg., Reg. Sess. (Haw. 2007). The plain language of S.B. 795 is unambiguous <br />that the State, in the interests of public health and safety, desired to make building requirements <br />uniform across the state because the State was concerned about the counties' various building <br />codes, which varied greatly from county to county. Accordingly, the language of S.B. 795 <br />strongly indicates that the State enacted S.B. 795 to set the minimum standard for buildings <br />statewide. <br />D. Hawai`i Administrative Rules <br />As discussed above, where ambiguities may exist in statutory language, extrinsic aids <br />may be used to assist in the determination of legislative intent. In addition to the legislative <br />history of the subject statute, as discussed above, HARs governing the administration of the <br />statute are another such extrinsic aid that may be used. <br />HAR §§ 3- 108 -1, 3- 108 -2, and 3 -108 -4 are among the rules adopted by the State <br />Department of Accounting and General Services to provide guidance in the administration of the <br />State Building Code. HAR § 3 -108 -1 states that, "The purpose of this chapter is to adopt the <br />state building code as required by section 107 -25, HRS ", while HAR § 3 -108 -2 reads as follows: <br />This chapter sets forth the minimum requirements for the <br />construction, alteration, movement, enlargement, replacement, <br />repair, equipment, use and occupancy, location, maintenance, <br />removal, and demolition of every building or structure or any <br />appurtenances connected or attached to buildings or structures. <br />These HAR provisions are unambiguous that they set forth the minimum requirements allowed <br />by the State. Pursuant to HAR § 3- 108 -4, these minimum requirements include the <br />" "International Building Code, 2006 Edition" as copyrighted and published in 2006 by <br />International Code Council, Incorporated, 500 New Jersey Avenue, 6th Floor, Washington DC <br />20001, [which was] adopted by reference and made a part of this chapter." Notably, these three <br />HAR sections are consistent with HRS § 107 -25, discussed above.6 As such, when read <br />together, the relevant HRS and HAR provisions indicate the conclusion that the State established <br />the IBC as the minimum standard for buildings statewide. <br />6 Specifically, that the State Building Code "shall include ... [t]he latest edition of the International Building Code, <br />as published by the International Code Council ". HAw. REV. STAT. § 107 -25 (2007). <br />