2017 Hawaii Revised Statutes
TITLE 10. PUBLIC SAFETY AND INTERNAL SECURITY
132. Fire Protection
132-6 Duties of county fire chiefs; periodic inspections; orders to remove fire hazards; appeals.
§132-6 Duties of county fire chiefs; periodic inspections; orders to remove fire hazards; appeals. (a) Each county fire chief, in person or by officers or members of the fire chief's fire department designated by the fire chief for that purpose, shall inspect all buildings, premises, and public thoroughfares, except the interiors of private dwellings and state-owned airport facilities, for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire or any violation of any law, ordinance, rule, or order relating to fire hazard or to the prevention of fires.
(b) The inspection shall be made:
(1) At least once each year at all public schools; and
(2) At least once every five years, or as often as deemed practicable or necessary by the county fire chief at all other buildings and premises to provide fire prevention and pre-fire planning within the jurisdiction of the county fire chief.
The State shall conduct fire and safety inspections at all state-owned airport facilities at least once a year.
(c) A written report of each inspection shall be kept on file in the office of the county fire chief.
(d) A copy of any report showing a change in the hazard or any violation of law, ordinance, rule or order relating to the fire hazard upon any risk, shall be given by the county fire chief to any rating bureau making written request of the fire chief therefor.
(e) Each county fire chief is vested with the power and jurisdiction over, and shall have supervision of, every building and premises in the county as may be necessary to enforce any law, ordinances, rule, and order relating to protection from fire loss; provided that this provision shall not in any manner limit the jurisdiction or authority which any other county official may have over such building or premises under any other law or ordinance. Whenever as a result of inspection or upon complaint or otherwise the county fire chief determines that a law, ordinance, rule or order relating to protection from fire loss has been violated or that a condition exists which creates an unreasonable risk of fire loss, the fire chief shall prepare and serve upon the owner, occupant or other person responsible for the building or premises a written order setting forth the nature of the alleged violation or condition, the law, ordinance, rule or order violated, and the protections, safeguards, or other means or methods required to render the building or premises safe as required by law, ordinance, or rule. The order shall be complied with by the owner or occupant or person responsible for the building or premises within the time therein specified unless a timely appeal is taken pursuant to subsection (f) of this section.
(f) Owner's appeal to county fire appeals board. The owner or occupant may, within five days, appeal from any order made by the county fire chief to the county fire appeals board, which shall, within thirty days, and after a hearing pursuant to chapter 91, review the order and file its decision thereon, modifying, affirming, or revoking the order. Each county shall by ordinance establish a county fire appeals board and shall provide for its composition.
(g) Notwithstanding the provisions of subsection (e) of this section where the county fire chief determines that a clear and immediate risk of fire loss exists, the fire chief may after notice to the owner or occupant or other person responsible for the building or premises, and after a hearing pursuant to chapter 91, order such person to take all actions reasonably necessary to render the building or premises safe from fire loss; provided that no notice or hearing shall be required where the county fire chief determines that the risk of fire loss is sufficiently immediate that delay would be dangerous to the public safety and welfare. If any owner, occupant or other person responsible for the building or premises fails to comply with the order of the county fire chief, the county fire chief may take such action and make such expenditure as may be necessary and if the owner, occupant, or other person responsible neglects or refuses to pay to the county fire chief the expense incurred by the fire chief, the county shall have a prior lien on the real property as provided for in section 132-7. [L 1917, c 115, pt of §49; RL 1925, pt of §3463; RL 1935, pt of §6839; am L 1939, c 239, §1(10, 11); RL 1945, §8531; RL 1955, §184-7; HRS §132-7; am and ren L 1978, c 241, §2(7); gen ch 1985; am L 1998, c 282, §1; am L 2007, c 10, §3; am L 2009, c 105, §2]