NEOBIOME

REG_029: Hawaii Revised Statutes Chapter 107, Part II — State Building Code and Design Standards (§§107-21 to 107-32)…

Properties5
typesource
source_typeregulatory
authorState of Hawaii — Hawaii State Legislature
year2007
topicsbuilding_habitat, regulation_policy

14 min read

REG_029: Hawaii Revised Statutes Chapter 107, Part II — State Building Code and Design Standards (§§107-21 to 107-32)…

Source

https://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0107/ — original source (opens in a new tab; the file is not redistributed)

HRS Chapter 107, Part II — State Building Code and Design Standards (REG_029)

The enabling statute behind Hawaii's hale accommodation — the RT_058 legislative-history residual, now held verbatim

This is the Hawaii Revised Statutes text (Chapter 107, Part II, §§107-21 to 107-32) that stands above the code-level hale accommodation in REG_027 (which is a code appendix, not a statute). It establishes the State Building Code Council (§107-22), gives it authority to establish the Hawaii state building codes (§107-24, the authority under which Appendix X was adopted), and — most relevant to the ER118 Māori-Building-Code precedent — provides the statute-level recognition of indigenous Hawaiian architecture at §107-27(b): state building design must comply with the code, but “Exemptions shall include county ordinances allowing the exercise of indigenous Hawaiian architecture adopted in accordance with section 46-1.55.” Legislative history: enacted Act 82, Session Laws of Hawaii 2007 (not the “2006” of OT_006’s pointer), amended 2014/2017/2018/2022/2023/2024. Read verbatim → data_quality: verified.

Summary

HRS Chapter 107, Part II (“State Building Code and Design Standards”) is the enabling statute for the Hawaii state building codes — the legislative authority that sits above the code-level accommodation for traditional indigenous (hale) architecture held in REG_027. It is the document that RT_058 sought to complete the picture: REG_027 delivered the substantive accommodation (Appendix X) but expressly did not reproduce the enabling statute or confirm the “enacted 2006 / amended 2018 / HRS §107” legislative history that OT_006 attributes to the precedent. This statute closes that limb.

Part II creates the State Building Code Council (twelve voting + one nonvoting member, four-year terms, quorum of seven — §107-22) and gives it authority, “any law to the contrary notwithstanding,” to establish the Hawaii state building codes (§107-24) based on the ICC International Building / Residential / Energy Conservation Codes, the Uniform Plumbing Code, the National Electrical Code, the state fire code, and Hawaii hurricane-resistant design standards (§107-25). This is the authority under which Appendix X (REG_027) was adopted. The provision that most directly grounds the ER118 Māori-Building-Code aspiration is §107-27(b): while all state building construction must comply with the Hawaii state building codes, the statute mandates that “Exemptions shall include county ordinances allowing the exercise of indigenous Hawaiian architecture adopted in accordance with section 46-1.55.” So the indigenous-architecture authority in Hawaii is layered — enabling statute (HRS §107-27(b) → §46-1.55, county ordinances) plus council-adopted code appendix (Appendix X) plus an indigenous-controlled builder credential (the University of Hawaii “Certified Hale Builder” course, in REG_027). §107-27(d) additionally carries an in-force energy/water/carbon design mandate for new state buildings from 1 July 2023 (maximise energy and water efficiency; maximise energy generation potential; use low-carbon materials). The legislative history resolves RT_058’s date question: the core provisions were enacted by Act 82, Session Laws of Hawaii 2007 (not 2006) and amended across 2014, 2017, 2018, 2022, 2023 and 2024. It feeds the NI framework at I03 (local wisdom & cultural heritage) and D04 (sustainable habitat & building) as regulatory-precedent evidence, and underpins the thesis “building sovereignty” argument — mirroring parent REG_027.

Key claims

- claim: "STATUTE IDENTITY + LEGISLATIVE HISTORY (the RT_058 answer). HRS Chapter 107, Part II 'State Building Code and Design Standards' (§§107-21 through 107-32) is the enabling authority for the Hawaii state building codes. The source-law citation on every foundational section reads '[L 2007, c 82, pt of §2; …]' — i.e. the core statute was ENACTED by Act 82, Session Laws of Hawaii 2007, and substantially amended by Act 164, Session Laws of Hawaii 2014. Full amendment chain across the Part: am L 2014, c 164; am L 2017, c 141; am L 2018, c 84; am L 2022, c 239; am L 2023, c 184; am L 2024, c 37; and §107-32 newly enacted L 2024, c 57. This CORRECTS the 'enacted 2006, amended 2018' pointer OT_006 attributes to the precedent: the enactment year is 2007 (Act 82), and 2018 is one of several amendment years (Act 84 amended §107-27)."
  source_location: "Source-law citations at the end of §§107-21 ([L 2007, c 82, pt of §2; am L 2014, c 164, §2]), 107-22, 107-24 through 107-31, and §107-32 ([L 2024, c 57, §2])"
- claim: "STATE BUILDING CODE COUNCIL (§107-22). 'There is established a state building code council. The council shall be placed within the department of accounting and general services for administrative purposes only. The council shall consist of twelve voting members and one nonvoting member, who shall be the comptroller or the comptroller's designee. The council members shall serve four-year terms.' Seven voting members constitute a quorum. Voting members include one county building official from each of the four counties, and representatives of the state fire council; the department of labor and industrial relations (elevator safety); the Hawaii state energy office (DBEDT); the Hawaii emergency management agency; the Structural Engineers Association of Hawaii; the American Institute of Architects, Hawaii State Council; the Building Industry Association of Hawaii or the General Contractors Association of Hawaii; and the Subcontractors' Association of Hawaii."
  source_location: "§107-22(a) (list) and §107-22(b) (quorum); source law [L 2007, c 82, pt of §2; am L 2014, c 164, §3; am L 2023, c 184, §1]"
- claim: "COUNCIL AUTHORITY TO ESTABLISH THE CODES (§107-24) — the authority under which Appendix X (REG_027) was adopted. '(a) Any law to the contrary notwithstanding, the council shall establish the Hawaii state building codes.' (c) The council adopts, amends, or updates codes and standards 'on a staggered basis'; adoption 'shall be within two years of the official publication date of the code or standard, pursuant to chapter 92, and exempt from the requirements of chapter 91' [administrative rulemaking]; if the council does not adopt a code within the two-year period, 'that code or standard shall automatically become part of the Hawaii state building code until superseded by the adoption of an amended version.'"
  source_location: "§107-24(a), §107-24(c); source law [L 2007, c 82, pt of §2; am L 2014, c 164, §5; am L 2017, c 141, §2]"
- claim: "WHAT THE HAWAII STATE BUILDING CODES ARE BASED ON (§107-25) — including the ICC IBC that Appendix X amends. 'There is established the Hawaii state building codes applicable to all construction in the State of Hawaii.' The codes shall be based upon: (1) the state fire code (state fire council); (2) the Uniform Plumbing Code (IAPMO); (3) the International Building Code, the International Residential Code, and the International Energy Conservation Code (International Code Council); (4) the National Electrical Code (NFPA); (5) Hawaii design standards implementing Act 5, Special Session Laws of Hawaii 2005 — emergency shelters built to hurricane resistant criteria (enhanced hurricane protection areas 'capable of withstanding a five hundred-year hurricane event') and essential government facilities requiring continuity of operations; and (6) code provisions including residential and hurricane resistant loss-mitigation standards (per §431P-12), elevator, mechanical, flood and tsunami, existing buildings, and onsite sewage disposal. ('Hurricane resistant criteria' is defined in §107-21 as the design criteria for enhanced hurricane protection areas 'capable of withstanding a five hundred-year hurricane event.')"
  source_location: "§107-25(1)–(6); §107-21 definition of 'Hurricane resistant criteria'; source law [L 2007, c 82, pt of §2; am L 2014, c 164, §6]"
- claim: "STATUTE-LEVEL RECOGNITION OF INDIGENOUS HAWAIIAN ARCHITECTURE (§107-27(b)) — the key RT_058 / ER118 finding. §107-27 requires that 'the design of all state building construction shall be in compliance with the Hawaii state building codes' (within one year of code adoption), with stated exemptions. §107-27(b): 'Exemptions shall include county ordinances allowing the exercise of indigenous Hawaiian architecture adopted in accordance with section 46-1.55.' This is the state-statute recognition of indigenous Hawaiian architecture that sits above the code-level accommodation (Appendix X, REG_027); the operative indigenous-architecture ordinance authority is HRS §46-1.55 (county ordinances) — NOT reproduced in this document."
  source_location: "§107-27(a) (compliance requirement) and §107-27(b) (indigenous-architecture exemption); source law [L 2007, c 82, pt of §2; am L 2014, c 164, §8; am L 2017, c 141, §3; am L 2018, c 84, §1; am L 2022, c 239, §3]"
- claim: "ENERGY / WATER / CARBON DESIGN MANDATE (§107-27(d)) + the 2018 provision struck down. §107-27(d): 'Beginning July 1, 2023, where feasible and cost-effective, the design of all new state building construction shall: (1) Maximize energy and water efficiency measures; (2) Maximize energy generation potential; and (3) Use building materials that reduce the carbon footprint of the project.' [added am L 2022, c 239, §3]. A statutory Note records that §107-27(c) — the public-school hurricane-shelter provision added by Act 84, Session Laws of Hawaii 2018 ('The State shall consider hurricane resistant criteria when designing and constructing new public schools for the capability of providing shelter refuge') — was 'held unconstitutional by the Supreme Court of Hawaii on November 4, 2021. 150 H. 182, 499 P.3d 382.'"
  source_location: "§107-27(d); §107-27 Note (following subsection (d))"
- claim: "CODE-FRAMEWORK GUARDRAILS (§§107-26, 107-28, 107-32). §107-26: in adopting the codes the council 'shall not adopt provisions that: (1) Relate to administrative, permitting, or enforcement and inspection procedures of each county; or (2) Conflict with: (A) Chapters 444 and 464; or (B) Section 46-4.7.' §107-28(a): each county 'shall amend, adopt, and update the Hawaii state building codes as they apply within their respective jurisdiction, in accordance with section 46-1.5(13), without approval of the council' no later than two years after adoption; (b) if a county does not, 'the Hawaii state building codes shall become applicable as an interim county building code.' §107-32 (Refrigerant use, new L 2024, c 57): no provision of the Hawaii state building codes or any county building code 'shall prohibit or otherwise limit the use of a refrigerant designated as acceptable for use pursuant to title 42 United States Code section 7671k' (subject to listing/installation safety standards)."
  source_location: "§107-26(1)–(2); §107-28(a)–(b); §107-32; source law incl. am L 2024, c 37, §3 (§107-26) and L 2024, c 57, §2 (§107-32)"

Neobiome Intelligence relevance

This is the enabling statute behind REG_027 and feeds the same two NI framework pages — I03 (local wisdom & cultural heritage) and D04 (sustainable habitat & building) — as regulatory-precedent evidence, not as a quantitative calibration input. Its value is completing the ER118 Māori-Building-Code precedent with its full legislative architecture.

  • I03 — a layered legislative model for legalising indigenous construction. REG_027 (Appendix X) is a code appendix; this statute shows the layer above it. The mechanism the ER118 wānanga want mirrored for Māori whare turns out to be three-tiered: (1) an enabling statute — HRS Chapter 107 Part II — that creates the State Building Code Council and, at §107-27(b), mandates that state-building-design exemptions “shall include county ordinances allowing the exercise of indigenous Hawaiian architecture” (→ HRS §46-1.55); (2) a council-adopted code appendix (Appendix X) giving hale a self-contained pathway; and (3) an indigenous-controlled builder credential (Certified Hale Builder). For a NZ Mātauranga Māori Building Framework, this is the concrete legislative-plumbing precedent: statute → council-adopted code → indigenous competence system. It also corrects the OT_006 pointer (enacted 2007 by Act 82, not 2006), which matters for anyone citing the precedent’s provenance.
  • D04 — a governance comparator with an in-force efficiency/generation/low-carbon mandate. §107-25 shows the Hawaii state building codes are built on the ICC IBC/IRC/IECC that Appendix X amends — the mainstream engineering baseline the hale pathway carves an exception from. And §107-27(d) is a genuinely relevant D04 governance comparator: a statutory requirement that all new state building construction (from 1 July 2023, where feasible and cost-effective) maximise energy and water efficiency, maximise energy generation potential, and use lower-carbon materials — i.e. the same efficiency/on-site-generation/embodied-carbon levers D04 models, encoded as a legal design duty for public buildings. Sits alongside REG_010 / REG_011 as an overseas regulatory comparator.
  • No NI calculation cell draws a number from this page. The quantitative content here (twelve-member council, quorum of seven, four-year terms, two-year adoption windows, 500-year hurricane event, act/section numbers, the 2021 court citation) is statutory/administrative detail specific to Hawaii’s building-code governance, not transferable NZ engineering or cost constants. Cited verbatim as evidence of how a jurisdiction legislatively structures an indigenous-architecture accommodation, not as inputs.

Thesis relevance (context: both). This statute strengthens the thesis “building sovereignty” strand by showing the precedent is not merely an administrative code appendix but is anchored in primary legislation — a legislature (Act 82, 2007) directing that building-code exemptions must accommodate indigenous architecture, and a standing State Building Code Council structured to include (among its twelve voting members) county building officials and the state energy office. It converts the ER118 aspiration from “a code appendix exists” to “a statute mandates the accommodation and a governance body administers it,” a stronger comparator against the NZ Building Code’s “alternative solution” pathway.

Retrieval provenance

  • upstream_source: Hawaii State Legislature — official current HRS, Chapter 107 (capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0107/). The authoritative origin is the Hawaii Legislature’s official consolidated statutes.
  • retrieved_via: Internet Archive Wayback Machine — per-section snapshots dated Feb–Jun 2025, because the live official host is Cloudflare-gated to automated fetch. A retrieval pass assembled the per-section snapshots into a single HTML compilation, preserving each section’s full verbatim text and its bracketed source-law citation.
  • retrieved_date: 2026-07-19.
  • Values status: the raw is verbatim primary statutory text (not an AI synthesis or paraphrase) — every key_claim is a direct quotation or close transcription with its statutory location and source-law citation retained. The one residual integrity caveat is that this is a Wayback-archive compilation rather than a direct download from the live official page, and it was not independently cross-checked against the live HRS (Cloudflare-gated at fetch time). The source-law citation chain (L 2007 c 82 → L 2024 c 57) is internally consistent and current, which corroborates the capture. data_quality: verified on the basis that every figure traces to the raw and the text is self-authenticating primary law; a reviewer preferring live-source confirmation could downgrade to high.

Research targets

Documents to retrieve

  • None as new RTs. This resolves RT_058 (the open limb: locate the enabling statute HRS §107 + confirm the legislative history). The statute is HRS Chapter 107 Part II, enacted L 2007, c 82 (Act 82, SLH 2007), amended 2014/2017/2018/2022/2023/2024 — held verbatim here. Combined with REG_027’s substantive Appendix X, RT_058 is fully served.

Documents noted (not raised as RTs)

  • HRS §46-1.55 (county ordinances allowing the exercise of indigenous Hawaiian architecture) and HRS §46-1.5(13) (county building-code adoption authority) are referenced by §107-27(b) and §107-28(a) respectively but are not reproduced here. §46-1.55 is the operative county-ordinance authority for indigenous Hawaiian architecture — the one further statutory limb — but it is Hawaii-county-specific and out of NZ scope; noted for completeness, not raised as an RT.
  • The finally-adopted effective date of the SBCC’s Appendix-X-bearing code (REG_027’s placeholder “2020”) remains a REG_027 document_status matter — a code/administrative-rules date (see the §107-31 Note: “State building code, see chapter 3-180, Hawaii Administrative Rules”), not a statute date. This statute does not fix it; it is not part of RT_058’s statute-location ask.

Notes

Primary statutory instrument (State of Hawaii, Hawaii State Legislature), read verbatim from the raw HTML compilation → data_quality: verified; every provision in the Key claims is traceable to a numbered section and carries its bracketed source-law citation.

The one real correction. OT_006 recorded the precedent as “enacted 2006, amended 2018.” The statute’s source-law citations show enactment by Act 82, Session Laws of Hawaii 2007 (not 2006); “2018” is Act 84 (which amended §107-27 to add the public-school shelter provision, later held unconstitutional). The OT_006-attributed bullets on I03/D04 are not rewritten (they record what OT_006 said); the correction is carried in the new evidence bullets this source contributes, citing REG_029 + REG_027.

Provenance / Wayback caveat. Retrieved via the Internet Archive because the official capitol.hawaii.gov host is Cloudflare-gated to automated fetch; ## Retrieval provenance block records the upstream official source, the archive route, and the not-cross-checked-against-live caveat. Because the raw is a web capture (archive intermediary), upstream_source: / retrieved_via: / retrieved_date: frontmatter is recorded — but the content is verbatim primary law, so verified (with the flagged caveat) rather than the medium default for AI-synthesised captures.

Connections

Links to

Sources (4): OT_006 · REG_010 · REG_011 · REG_027

Referenced by

EDT domains (1): D04: Sustainable Habitat & Building Technology

SSI indicators (1): I03: Local Wisdom & Cultural Heritage

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