Enforceability Status
Hawaii requires compliance with building codes adopted by each county under Haw. Rev. Stat. Section 107-24 et seq. All four Hawaii counties (Honolulu, Maui, Hawaii, and Kauai) require certificates of occupancy before buildings may be occupied. A contract clause making the CO irrelevant likely conflicts with these county code requirements, which are mandated by state law.
Legal Analysis
Hawaii's building code framework is established at the county level under the authority of Haw. Rev. Stat. Section 107-24 et seq., which requires each county to adopt building codes. All four Hawaii counties -- the City and County of Honolulu, the County of Maui, the County of Hawaii, and the County of Kauai -- have adopted building codes based on the International Building Code, and all require certificates of occupancy before buildings may be occupied.
Because all Hawaii counties require COs and the state mandates building code adoption by counties, the CO requirement is effectively universal across the state. The county building departments conduct inspections throughout the construction process and issue the CO upon verification that the structure complies with all applicable code requirements, including structural standards designed for Hawaii's seismic and hurricane exposure.
A contract clause making the CO irrelevant to the buyer's closing obligations likely conflicts with the county building code requirements that are mandated by state law. Hawaii courts may find such a clause unenforceable as contrary to the public policy reflected in the state's building code framework. Hawaii's building codes address critical life-safety concerns including hurricane resistance, seismic design, and flood zone construction.
Buyers in Hawaii should understand that the CO requirement applies in all four counties. Hawaii's building codes address unique geographic and climate challenges, and the CO process verifies compliance with these critical safety standards. The cost and complexity of construction in Hawaii makes the CO process especially important as a quality assurance checkpoint.
Relevant Hawaii Law
Requires each Hawaii county to adopt building codes and establish building permit and inspection processes, including certificate of occupancy requirements.
Establishes the building code for the City and County of Honolulu, including requirements for building permits, inspections, and certificates of occupancy.
Builders in Hawaii Using This Clause
What Hawaii Buyers Should Know
- Confirm CO issuance before closing All Hawaii counties require a CO before occupancy. Verify with the county building department that the CO has been issued before your closing date.
- Understand county code requirements Hawaii's building codes are adopted at the county level but are required by state law. The CO requirement applies universally across all four counties.
- Verify hurricane and seismic compliance Hawaii's building codes include critical requirements for hurricane resistance and seismic design. The CO confirms compliance with these essential safety standards.
- Consult a Hawaii real estate attorney If your contract contains a clause making the CO irrelevant, seek legal advice to understand your rights under Hawaii law and county building codes.