Gov. Green steps in where Legislature faltered

by Keli'i Akina, Ph.D., President / CEO, Grassroot Institute of Hawaii

Once again, Gov. Josh Green has stepped in where the Legislature faltered, embracing a reform that will help address Hawaii’s housing crisis.

In his ninth 60-day emergency proclamation relating to affordable housing, issued Oct. 10, Gov. Green suspended a requirement that says Hawaii’s four counties must automatically adopt un-amended state building codes as interim county building codes, which they might not be able to tailor to their own needs by the required state deadlines.

As the proclamation states, this requirement can “slow down ongoing affordable housing projects if, in the middle of the projects, [the counties] have to conform to the un-amended state building codes without prior notice and without amendments to the state building codes that reflect changes needed to adjust the codes to local conditions.”

In other words, suspending this law will provide more certainty and stability for homebuilders.

As I’ve said many times, government barriers, delays and uncertainty contribute significantly to the high cost of housing in Hawaii, and the state’s building code requirements are another example of how well-meaning regulations can come at a cost.

By way of background, Hawaii’s building codes ultimately are based on a model code published every three years by the International Code Council.

Under Hawaii law, the State Building Code Council has two years to adopt the new version of the ICC building code, along with any amendments it deems necessary.

After two years, the model code automatically becomes the state code.  Meanwhile, the counties get an additional two years to modify and adopt the new state code to their needs, or the state code becomes the new county code.

If that seems like a convoluted and lengthy process, that’s because it is.

To make matters worse, the model code issued by the ICC is generic in nature. It isn’t tailored to Hawaii’s climate, geography or other needs. That’s why the state and counties each need the two-year delays, so they can go through the model code and make necessary amendments to address local concerns.

As a result, the counties often end up many years behind the most recent model code. For example, the 2018 ICC model code wasn’t fully adopted by the State Building Code Council until April 2021, and wasn’t adopted by Honolulu County until 2023. That was only a few months before the 2024 model code was released, and the state hadn’t even adopted the 2021 ICC version yet.

The 2024 Legislature considered a bill that would have allowed the state to skip adoption of every other model code. The Grassroot Institute of Hawaii testified in support of the bill, pointing out that the current process is a burden on county permitting and planning departments, as well as on county officials and architects who must constantly re-learn the building code requirements.

Unfortunately, the bill stalled, another casualty of the busy political season. But suspending county adoption of building codes is worthwhile to pursue because it will take pressure off the counties and homebuilders alike. Housing projects in particular will be able to move forward without contractors having to worry that they might have to conform with new building code regulations in the middle of construction.

Gov. Green deserves praise for bringing attention to the madness of the building code cycle. However, as the Grassroot Institute has pointed out, governance by emergency proclamation is not ideal, and like all emergency proclamation measures, this latest edict is only temporary.

In order to see lasting change, the Legislature must build on the governor’s actions and make these reforms permanent.

E hana kākou! (Let's work together!)