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chapter-132•Hawaii Revised Statutes, Chapter 132 — Fire Protection
chapter-132Haw. Rev. Stat. ch. 132CodeJan 1, 1917
Division 1. Government — Title 10. Public Safety and Internal Security
Hawaii Revised Statutes as published by the Hawaii State Legislature (files updated 1/5/2026 7:14 PM).
(a) Records. The fire chief of each county shall keep in the county fire chief's office a record of all fires occurring in the county and of all facts concerning the same, and shall make compilations and statistical investigations on an annual basis, all of which shall be kept as permanent records in the fire chief's office. All records shall be public, except that any evidence in any investigation may, in the discretion of the county fire chief, be withheld from the public.
(b) Investigations, generally. The fire chief of each county shall:
(1) Investigate the cause, origin, and circumstances of fires;
(2) Supervise and make or cause to be made, on a biennial basis, a thorough inspection record of all property that might constitute a fire hazard within the county pursuant to subsection (c);
(3) Summon and compel the attendance of witnesses and production of evidence and hold hearings and make orders in any matter under the fire chief's jurisdiction; and
(4) Cooperate with all other governmental officers or agencies having jurisdiction in the matters.
(c) On January 1 of each year, the fire chief of each county shall transmit the records and statistical investigations compiled pursuant to subsection (a) to the office of the state fire marshal. On January 1 of each alternating year, the fire chief of each county shall transmit the inspection record of property that may constitute a fire hazard within their county compiled pursuant to subsection (b)(2) to the office of the state fire marshal.
[L 1917, c 115, pt of §49; RL 1925, pt of §3463; RL 1935, pt of §6839; am L 1939, c 239, §1(1, 3, 9); RL 1945, §8525; RL 1955, §184-1; am L Sp 1959 2d, c 1, §15; am L 1963, c 114, §3; HRS §132-1; am L 1978, c 241, §2(1); gen ch 1985; am L 2025, c 302, §6]
Subject to chapter 91, the fire chief of each county may adopt rules which shall not be inconsistent with the provisions of any ordinance relating to the protection of persons and property against fire. Such rules may relate to:
(1) Prevention of fires, and the inspection of property, periodically or otherwise, or for the prevention of or reduction of loss by fire, or to promote the safety of persons in case of fire;
(2) Manufacture, storage, sale, and use of combustibles and explosives;
(3) Installation and maintenance of automatic, or other fire alarm systems, and fire extinguishing equipment;
(4) Fire escape and other means of exits from or access to buildings or parts of buildings or other property in case of fire including the exterior approaches to exits of places of assembly.
[L 1917, c 115, pt of §49; RL 1925, pt of §3463; RL 1935, pt of §6839; am L 1939, c 239, §1(2); RL 1945, §8526; am L 1949, c 364, §1; RL 1955, §184-2; am L 1965, c 96, §125; HRS §132-2; am L 1978, c 241, §2(2)]
The state fire council shall, pursuant to chapter 92 and exempt from the requirements of chapter 91, adopt a state fire code setting forth minimum requirements relative to the protection of persons and property from fire loss, including without limitation:
(1) The storage, handling, and use of hazardous substances, materials, and devices; and
(2) The control of conditions hazardous to life or property in the design, use, or occupancy of buildings and premises.
The state fire code shall become part of the Hawaii state building codes as provided in section 107-25. The state fire council shall meet annually to review and amend the state fire code.
[L 1941, c 176, §§1, 4; RL 1945, §8527; RL 1955, §184-3; am L 1965, c 96, §126; HRS §132-3; am L 1978, c 241, §2(3); am L 2001, c 55, §6; am L 2008, c 18, §1; am L 2014, c 164, §10; am L 2020, c 49, §2]
L 1978, c 241, §2(4).
(a) The fire chief of each county or the state fire marshal may require any insurer in writing to release information relating to any investigation the insurer has made concerning a loss or potential loss due to fire of suspicious or incendiary origin which information shall include but not be limited to:
(1) An insurance policy relating to the loss;
(2) Policy premium records;
(3) History of previous claims; and
(4) Other relevant material relating to the loss or potential loss.
(b) If any insurer has reason to suspect that a fire loss to its insured's real or personal property was caused by incendiary means, the insurer shall furnish the county fire chief or state fire marshal with all relevant material acquired during its investigation of the fire loss, cooperate with and take action as may be required of it by the county fire chief or state fire marshal, and permit any person ordered by the court to inspect any of its records pertaining to the policy and the loss. The insurer may request the county fire chief or state fire marshal to release information relating to any investigation the fire chief or state fire marshal has made concerning any fire loss of suspicious or incendiary origin.
(c) In the absence of fraud, malice, or criminal act, no insurer or person who furnishes information on its behalf, shall be liable for damages in a civil action or be subject to criminal prosecution for any oral or written statement made that is necessary to supply information required pursuant to this section.
(d) The county fire chief or state fire marshal receiving any information furnished pursuant to this section shall hold the information in confidence until its release is required in furtherance of a criminal or civil proceeding.
(e) The county fire chief, in person or by officers or members of the fire chief's fire department, or the state fire marshal, in person or by deputies or employees of the office of the state fire marshal, may be required to testify as to any information in the fire chief's or state fire marshal's possession regarding the fire loss of real or personal property in any civil action in which any person seeks recovery under a policy against any insurance company for the fire loss.
[L 1979, c 215, §1; gen ch 1985; am L 2025, c 302, §8]
The county fire chief, the chief's designees, the state fire marshal, or the state fire marshal's designees, at all reasonable hours may enter any buildings, structures, or premises within the fire chief's or state fire marshal's jurisdiction, respectively, except the interior of private dwellings, to make any inspection, investigation, or examination that is authorized to be made under this chapter. The county fire chief, the chief's designees, the state fire marshal, or the state fire marshal's designees may enter any private dwelling whenever the fire chief, the chief's designees, the state fire marshal, or the state fire marshal's designees have reason to believe that dangerous conditions creating a fire hazard exist in the dwelling. The county fire chief, the chief's designees, the state fire marshal, or the state fire marshal's designees may enter any private dwelling when a fire has occurred in the dwelling. It shall be unlawful to obstruct, hinder, or delay any person having the right to make the inspection, investigation, or examination in the performance of duty.
The county fire chief, the chief's designees, the state fire marshal, or the state fire marshal's designees may inspect all buildings and facilities, except state-owned airport facilities, the frequency of which shall be made in accordance with section 132-6, and shall make a report to the authorities responsible for the maintenance of any building or facility when it is found that a building or facility does not meet minimum standards of fire and safety protection.
[L 1917, c 115, pt of §49; RL 1925, pt of §3463; RL 1935, pt of §6839; am L 1939, c 239, §1(13); RL 1945, §8530; RL 1955, §184-6; am L 1959, c 114, §1; HRS §132-6; ren and am L 1978, c 241, §2(6); gen ch 1985; am L 2001, c 6, §1; am L 2007, c 10, §2; am L 2009, c 105, §1; am L 2025, c 302, §9]
(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 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 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 office of the state fire marshal shall conduct fire and safety inspections at all state 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 shall be 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 that any other county official may have over the 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 that 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).
(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) 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 the 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 action and make any 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; ren and am 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; am L 2025, c 302, §10]
If the owner or occupant, to whom the order is directed, fails to comply with the order, or with the order as modified on appeal, and within the time therein fixed, then the county fire chief may cause the buildings, structures, or premises to be repaired, torn down, demolished, materials removed, and all dangerous conditions remedied, as the case may be, at the expense of the owner or occupant, and, if the owner or occupant within thirty days thereafter fails, neglects, or refuses to pay the county fire chief the expense incurred thereby by the fire chief, the county shall have a prior lien for the expense on the real estate on which the buildings or structures were located, or on the premises involved, by the filing of a notice of lien in the bureau of conveyances or in the office of the assistant registrar of the land court, or both, as appropriate.
[L 1917, c 115, pt of §49; RL 1925, pt of §3463; RL 1935, pt of §6839; am L 1939, c 239, §1(12); RL 1945, §8532; RL 1955, §184-8; HRS §132-8; ren and am L 1978, c 241, §2(8); gen ch 1985; am L 1998, c 219, §3]
(a) Every owner or other person having charge of or control over any building, structure, or other premises, in this chapter designated "owner", shall construct, keep, and make the building, structure, or other premises, in this chapter designated "building", reasonably safe from loss of life or injury to persons or property by fire, in this chapter designated "fire loss", in view of the type of construction, the use of the building, and all other pertinent circumstances.
(b) No owner shall permit the occupancy or use of any building which is not reasonably safe from fire loss and no owner shall fail to furnish, provide, and use reasonably adequate protection and safeguards against fire, or fail to adopt and use processes and methods reasonably adequate to render the building safe from fire loss; and no owner or other person shall fail or neglect to do every other thing reasonably necessary to prevent a fire loss in any building under the owner's or person's charge or control.
[L 1917, c 115, pt of §49; RL 1925, pt of §3463; RL 1935, pt of §6839; am L 1939, c 239, §1(14); RL 1945, §8533; RL 1955, §184-9; HRS §132-9; ren and am L 1978, c 241, §2(9); gen ch 1985]
(a) Every owner, as defined in section 132-8, of a building in a county with more than five floors above or below ground, in which there is an elevator having automatic operation, shall provide that one or more elevators in such building shall be arranged for use by firefighters as follows:
(1) A key-operated switch with light jewel shall be provided adjacent to the elevator at the street floor landing and may be provided at other landings subject to the discretion of the county fire chief. The key-operated switch shall remove the elevator from normal service and place it on firefighters' service.
(2) The key-operated switch shall, when operated, cancel existing car calls, prevent registration of further car calls, prevent the opening of the elevator doors except at the landing at which the switch is located, and cause the car to travel to that landing bypassing other landing calls. The light jewel shall be illuminated when the car is returning to the firefighters' landing in response to the operation of the key-operated switch.
(3) When the car arrives at the firefighters' landing, the doors shall open and remain open until closed by the operation of the elevator from the car.
(4) A key-operated switch shall be provided in the car which can be operated only by the key which operates the firefighters' landing switch and which, when operated, shall permit operation of the elevator only from the car-operating buttons and cause the elevator to bypass landing calls.
(b) In any case where a contract for the installation of an elevator in a building with more than five floors above or below ground, has been entered on or after July 1, 1974, the elevator shall meet all requirements of the American National Standard Safety Code for Elevators, A17.1-1971, and supplements A17.1a-1972 and A17.1b-1973, as amended from time to time.
(c) The installation, operation, and maintenance of the safety feature prescribed in subsection (a) shall comply with Appendix E of the American National Standard Safety Code for Elevators A17.1-1971, as amended from time to time, and with rules promulgated in conformity with chapter 91 by each county fire chief.
(d) Each county fire chief shall, after consultation with the director of labor and industrial relations as administrator of the Hawaii Occupational Safety and Health Law under chapter 396, promulgate rules in conformity with chapter 91 necessary for the purposes of this section as it applies to all elevators contracted for, before July 1, 1974.
(e) Any person who violates this section shall be subject to the penalties provided in section 132-13.
[L 1972, c 24, §2; am L 1974, c 67, §1; HRS §132-9.5; am L 1977, c 191, §2; ren and am L 1978, c 241, §2(10)]
The county fire chief shall be authorized by each respective county to require plans or documentation, or both, to show compliance with the county's adopted fire code for the following:
(1) Construction, alteration, rehabilitation, or addition to any building, structure, or facility;
(2) Changes in the use of a building or structure, or a change in occupancy; and
(3) Installation or alteration of any procedures, equipment, property, or structure for any life safety or fire protection systems.
No work shall commence without the necessary permits issued by the jurisdiction having authority.
This section shall be applicable to the State and the counties, and other municipal subdivisions, and their officers, as well as to private persons.
[L 1945, c 166, §1; RL 1955, §184-10; am L 1963, c 3, §1; HRS §132-10; ren and am L 1978, c 241, §2(11); gen ch 1985; am L 2013, c 179, §1]
The county fire appeals board, the county fire chief, or the state fire marshal shall in all proceedings have the same powers respecting administering oaths, compelling the attendance of witnesses and the production of documentary evidence, and examining witnesses as are possessed by circuit courts. In case of disobedience by any person of any order of the county fire appeals board, the county fire chief, or the state fire marshal or of any subpoena issued by any of them or of the refusal of any witness to testify to any matter regarding which the witness may be questioned lawfully, any circuit judge, on application by the county corporation counsel, shall compel obedience as in case of disobedience of all requirements of a subpoena issued from a circuit court or a refusal to testify therein. The fees and traveling expenses of witnesses shall be the same as are allowed witnesses in the circuit courts and shall be paid by the appropriate county out of any appropriation or funds available for the expenses of the county fire chief or, in the case of a summons by the state fire marshal, shall be paid out of any appropriation or funds available for the expenses of the state fire marshal.
[L 1917, c 115, pt of §49; RL 1925, pt of §3463; RL 1935, pt of §6839; am L 1939, c 239, §1(19); RL 1945, §8535; RL 1955, §184-12; HRS §132-12; am L 1973, c 31, pt of §21; ren and am L 1978, c 241, §2(13); gen ch 1985; am L 2025, c 302, §11]
L 1978, c 241, §2(12).
Each county fire chief or the state fire marshal may invoke the aid of any court of competent jurisdiction to enforce any order or action made or taken by the fire chief or state fire marshal in pursuance of law.
[L 1917, c 115, pt of §49; RL 1925, pt of §3463; RL 1935, pt of §6839; am L 1939, c 239, §1(20); RL 1945, §8537; RL 1955, §184-14; am L 1965, c 96, §127; HRS §132-14; ren and am L 1978, c 241, §2(15); gen ch 1985; am L 1993, c 6, §7; am L 2025, c 302, §13]
Any owner, occupant, or other person having control over or charge of any building, structure, or other premises who violates any provision of this chapter or any law, ordinance, or rule relating to protection from fire loss or who fails or refuses to comply with any order of the county fire chief or any order of the state fire marshal shall be fined no more than $2,500 or imprisoned no more than thirty days, or both. Each day that a violation exists or continues to exist shall constitute a distinct and separate offense for which the violator may be punished. Penalties for continuing violations shall be assessed from the earliest known date of the violation. In addition to the penalty imposed under this section, counties may assess and collect civil penalties based on the penalty structure set forth by the state fire marshal pursuant to section 132-46.
[L 1917, c 115, pt of §49; RL 1925, pt of §3463; am L 1929, c 24, §1; am imp L 1932 1st, c 13; am L 1933-4, c 28, §1; RL 1935, pt of §6839; am L 1939, c 239, §1(21); RL 1945, §8538; RL 1955, §184-15; HRS §132-15; ren and am L 1978, c 241, §2(16); am L 2024, c 201, §2; am L 2025, c 302, §14]
The fire chiefs of each county may:
(1) Appoint advisers, promote and secure the appointment and service of committees of commercial, industrial, labor, civic, and other organizations, who shall, without compensation, assist the county fire chief in establishing standards of safety;
(2) Establish and maintain museums and exhibits of safety and fire prevention in which shall be exhibited equipment, safeguards, and other means and methods for protection against fire loss, and publish and distribute bulletins on any phase of this general subject;
(3) Cause lectures to be delivered, illustrated by stereopticon or other views, diagrams, or pictures, for the information of owners or other persons and the general public, in regard to the causes and prevention of fires and related subjects.
[L 1917, c 115, pt of §49; RL 1925, pt of §3463; RL 1935, pt of §6839; am L 1939, c 239, §1(15); RL 1945, §8539; RL 1955, §184-16; HRS §132-16; ren and am L 1978, c 241, §2(17)]
Nothing contained in this chapter shall be construed to deprive the director of labor and industrial relations of any power or jurisdiction over or relative to the storage of explosives.
[L 1917, c 115, pt of §49; RL 1925, pt of §3463; RL 1935, pt of §6839; am L 1939, c 239, §1(17); RL 1945, §8540; RL 1955, §184-17; HRS §132-17; ren and am L 1978, c 241, §2(18)]
(a) There shall be established a state fire council, which shall be placed within the department of law enforcement for administrative purposes. The state fire council shall consist of the state fire marshal, the fire chiefs of the counties, the fire chief of the Hawaii state aircraft rescue fire fighting unit, and a representative of the division of forestry and wildlife of the department of land and natural resources. The state fire council may appoint an advisory committee to assist it in carrying out its functions under this chapter. The advisory committee may include the heads of the various county building departments, a licensed architect recommended by the Hawaii Society of the American Institute of Architects, a licensed electrical engineer and a licensed mechanical engineer recommended by the Consulting Engineers Council of Hawaii, a representative of the Hawaii Rating Bureau, a representative of the Hawaii Fire Fighters Association, representatives of the county fire departments, a representative of the Hawaii state aircraft rescue fire fighting unit, a representative of the division of forestry and wildlife of the department of land and natural resources, and other members of the public as the state fire council may determine can best assist it. The state fire council shall elect a chairperson from among its members.
(b) In addition to adopting a state fire code pursuant to section 132-3, the state fire council shall:
(1) Administer the requirements for reduced ignition propensity cigarettes, in accordance with chapter 132C;
(2) Serve as a focal point through which all applications to the federal government for federal grant assistance for fire-related projects shall be made. Upon the receipt of any federal grants, the state fire council shall administer those federal grants;
(3) Advise the governor and state fire marshal on fire policy issues and serve in an advisory capacity to the state fire marshal on strategies for the implementation of fire and life safety issues; and
(4) Coordinate with the state building code council on matters pertaining to fire safety.
(c) The state fire council may also:
(1) Appoint advisory committees comprising representatives from each county fire department, a representative of the Hawaii state aircraft rescue fire fighting unit, and a representative of the division of forestry and wildlife of the department of land and natural resources to assist in drafting the state fire code and coordinating statewide training, data collection, and contingency planning needs for firefighters;
(2) Advise and assist the county and state fire departments where appropriate; may prescribe standard procedures and forms relating to inspections, investigations, and reporting of fires; may approve plans for cooperation among the county and state fire departments; and may advise the governor and the legislature with respect to fire prevention and protection, life safety, and any other functions or activities for which the various county and state fire departments are generally responsible;
(3) Establish, in conformance with the adopted state fire code and nationally recognized standards, statewide qualifications and procedures, to be administered by the county fire departments, for testing, certifying, and credentialing individuals who perform maintenance and testing of portable fire extinguishers, water-based fire protection systems, other fire protection systems, private fire hydrants, and fire alarm systems; provided that the county fire departments may establish and charge reasonable certification fees;
(4) Review any conflicts that may arise in the adoption, amendment, or implementation of the state fire codes at the state and county levels or in the adoption, amendment, or implementation of rules proposed or adopted by the office or the counties pursuant to this chapter; and
(5) The state fire council may adopt rules pursuant to chapter 91 for purposes of this section.
(d) The state fire council may adopt rules pursuant to chapter 91 for purposes of this section.
[L 1978, c 241, §2(19); am L 1985, c 103, §1; am L 1987, c 271, §1; gen ch 1992; am L 2000, c 12, §1; am L 2005, c 190, §2; am L 2008, c 218, §2; am L 2014, c 165, §2; am L 2019, c 4, §2; am L 2023, c 142, §2; am L 2024, c 209, §4; am L 2025, c 302, §15]
[Repealed]
[L 2025, c 302, §17]
(a) No person shall sell, offer for sale, or otherwise distribute any novelty lighter within the State.
(b) As used in this section, "novelty lighter" means a handheld device that is designed to use fuel to produce flame for the ignition of cigarettes, cigars, or pipes, and has a design that would make it particularly attractive to children ten years of age or younger.
"Novelty lighter" includes but is not limited to lighters that:
(1) Depict or resemble cartoon characters, toys, guns, watches, games, musical instruments, vehicles, animals, food, or beverages;
(2) Produce sounds or music;
(3) Have flashing lights or illumination; or
(4) Any combination of the above.
(c) This section shall not apply to the following:
(1) Novelty lighters that are manufactured in the State or transported through the State, exclusively for sale, offer for sale, or distribution outside the State;
(2) Any lighter manufactured prior to 1980 or any lighter that lacks fuel or a component necessary to produce flame or combustion; and
(3) Standard disposable and refillable lighters that are printed or decorated with logos, labels, decals, or artwork, or heat shrinkable sleeves.
(d) Any person who violates this section shall be guilty of a misdemeanor and shall be imprisoned for not more than one year or fined not more than $1,000, or both.
[L 2011, c 224, §2]
(a)The state fire council may employ on a full-time basis an administrator and administrative assistant, without regard to chapters 76 and 89. The administrator shall administer the affairs of the state fire council at the direction of the council. The state fire council shall determine the compensation for the administrator and the administrative assistant.
(b) The administrator and administrative assistant shall assist the state fire council in carrying out the duties of the council under section 132-16, including:
(1) Administration of the daily operations of the state fire council;
(2) Administration of the adoption process of the state fire code by the counties;
(3) Submission of applications for and expending of federal grants and assistance for fire-related projects;
(4) Administration of the reduced ignition propensity cigarette program;
(5) Coordination of the statewide fire and life safety training, education, and data collection programs; and
(6) Implementation of other related duties as directed by the state fire council.
(c) The budgetary requirements for conducting meetings and other related functions of the state fire council, including the salaries of the administrator and administrative assistant, shall be included in the budget of the department of labor and industrial relations.
[L 2011, c 188, §2]
(a) It shall be unlawful to sell, offer for sale, distribute, possess, ignite, or otherwise use aerial luminaries, commonly known as sky lanterns, Hawaii lanterns, and flying luminaries.
(b) Any person who violates this section shall be guilty of a misdemeanor and shall be imprisoned for not more than one year or fined not more than $1,000, or both, for each violation.
(c) As used in this section, "aerial luminary" means an airborne paper lantern containing a small candle, or other device for fuel, that heats air from inside the lantern causing the lantern to rise into the air and remain airborne until the candle or other device extinguishes.
[L 2012, c 319, §2]
As used in this part:
"Defensible space" means a natural or human-made area in which material capable of supporting the spread of fire has been treated, cleared, or modified to slow the rate and intensity of advancing wildfires and allowing space for fire suppression operations to occur.
"Office" means the office of the state fire marshal.
"Structure hardening" means the installation, replacement, or retrofitting of building materials, systems, or assemblies used in the exterior design and construction of existing structures with the primary purpose of reducing risk to structures from wildfire and in compliance with the provisions of the state fire code relating to structure or home hardening.
[L 2025, c 302, pt of §3]
(a) The office of the state fire marshal shall be established within the department of law enforcement for administrative purposes. The office shall be headed by the state fire marshal.
(b) The state fire marshal may organize and reorganize the administrative structure of the office as the state fire marshal considers appropriate to properly conduct the work of the office.
(c) The state fire marshal may divide the functions of the office into administrative divisions. The state fire marshal may appoint an individual to administer each division. Each individual appointed under this subsection shall be well-qualified by technical training and experience in the functions to be performed by the individual.
[L 2025, c 302, pt of §3]
(a) The office shall:
(1) Review and assess the fire risk of the State;
(2) Coordinate fire protection efforts among local agencies for the State;
(3) Review and propose amendments to the state fire code, in consultation with and in consideration of recommendations provided by the state fire council for the state fire council's consideration in its adoption of or amendments to the state fire code;
(4) Review the emergency resources that are available in the State to be deployed to address fires;
(5) Work with state and county law enforcement agencies for enforcement of the state fire code; provided that law enforcement agencies shall have primary law enforcement jurisdiction;
(6) Upon request of a county official having enforcement responsibility and a showing of unusual fire hazard or other special circumstances, investigate and make appropriate recommendations. The state fire marshal may investigate or cause an investigation to be made to determine the probable cause, origin, and circumstances of any fire and shall classify the findings as the state fire marshal may find appropriate to promote fire protection and prevention. The state fire marshal shall coordinate and consult with county authorities in the event that the state fire marshal needs to summon witnesses related to a fire investigation;
(7) Conduct inspections of state buildings and facilities to ensure fire safety compliance;
(8) Oversee the training and certification of fire inspectors and investigators in the State; and
(9) Maintain records of all fires in the State, including the causes and circumstances.
(b) The office shall adopt rules pursuant to chapter 91 necessary to implement this part.
[L 2025, c 302, pt of §3]
The office may:
(1) Establish headquarters and county offices of the office at places the office of the governor considers advisable for the protection of the State;
(2) Allow the state fire marshal and deputy state fire marshals to operate authorized emergency vehicles as defined by section 291C-1;
(3) Use land and buildings for the accommodation of office employees and office vehicles and equipment;
(4) Contract or otherwise cooperate with any person or public agency for the procurement of necessary services or property, subject to chapter 103D where applicable, including by entering into lease agreements and taking title to real property as necessary for the performance of the duties of the office;
(5) As an emergency services agency, control and regulate the acquisition, operation, use, maintenance, and disposal of, and access to, motor vehicles and equipment for official state fire business;
(6) Accept and transfer gifts, grants, donations, and funds from any source, including services and property, to carry out the duties of the office;
(7) Provide training, or enter into contracts to obtain training services, in fire suppression and fire safety inspection, to departments and agencies that issue licenses;
(8) Explore additional opportunities to reduce wildfire risk, including engaging with:
(A) The insurance commissioner, as defined in section 431:2-102, regarding insurance policy coverage provisions, underwriting standards, insurance rates, and any other insurance-related topic relevant to enhancing the protection of property from wildfire at a reasonable cost;
(B) Electric utilities regarding further actions to protect public safety, reduce risk to electric company customers, and promote electrical system resilience to wildfire damage; and
(C) Federal agencies to expand opportunities for cost-share partnerships for wildfire mitigation and develop strategies for improvements to federal fire management policies applicable to the State;
(9) Oversee the development and maintenance of a comprehensive statewide wildfire hazard map that displays wildfire hazard zones; and
(10) Perform any other duties necessary to discharge its duties under this part.
[L 2025, c 302, pt of §3]
Every two years, the state fire marshal shall prepare statistical reports on the history and condition of state fire defenses and an analysis of contributing factors of fire causes for the period of the report. The reports shall be posted on the office's website and publicly available upon request, subject to a fee not to exceed the cost of printing and distribution. The reports compiled under this section shall include a compilation or summary of the county fire chiefs' records prepared pursuant to section 132-1(a), in addition to any other sources the state fire marshal deems appropriate.
[L 2025, c 302, pt of §3]
The office shall increase the State's wildfire readiness capacity to the extent that the office of the governor receives funding for the increase, by means including:
(1) Increasing the number of fire prevention personnel and fire administrative support personnel to address planning, communications, training, deployment, and safety;
(2) Implementing innovative technologies and modernizing systems to expedite fire resource deployment in an efficient and safe manner;
(3) Entering into contracts or agreements with federal or state agencies, counties, other states, corporations, and authorities, having jurisdiction for fire prevention, suppression, coordination, and response; and
(4) Coordinating with the Hawaii emergency management agency.
[L 2025, c 302, pt of §3]
The state fire marshal, in consultation with the Hawaii emergency management agency, shall provide advice and counsel to the governor on the most practical utilization of the firefighting resources of the State.
[L 2025, c 302, pt of §3]
(a) The state fire marshal shall be the administrator of the office. If a state fire marshal has not already been appointed by the state fire council by June 30, 2025, as set forth in Act 209, Session Laws of Hawaii 2024, the state fire marshal shall be appointed by the governor from a list of three names submitted by the state fire council. The state fire marshal shall serve for a term of five years. The appointment of the state fire marshal shall be made without regard to chapters 76 and 89, and shall not be subject to the advice and consent of the senate. If a vacancy occurs, the state fire council shall meet expeditiously to submit a list of three names to the governor for a new state fire marshal to serve the remainder of the unexpired term.
(b) The state fire marshal shall be qualified to direct the technical and executive work of the office and shall have education or training related to the programs of the office and significant experience in managing fire protection or related programs.
[L 2025, c 302, pt of §3]
(a) Beginning January 1, 2026, there is established the state fire marshal selection commission, which shall be placed within the department of law enforcement for administrative purposes.
(b) The state fire marshal selection commission:
(1) Shall have the authority to appoint and may remove the state fire marshal;
(2) May receive complaints from citizens on the office of the fire marshal and the state fire marshal;
(3) Shall evaluate and conduct an annual performance review of the state fire marshal;
(4) Shall post its agenda and minutes on a website;
(5) Shall be subjected to the state sunshine laws under chapter 92; and
(6) May adopt rules pursuant to chapter 91.
(c) The state fire marshal selection commission shall consist of the following seven members:
(1) Three members who shall be appointed by the governor subject to advice and consent of the senate and shall be voting members; provided that for the initial year, one member shall serve a one-year term, one member shall serve a two-year term, and one member shall serve a three-year term; provided further that after the initial term, each of the members may serve up to two consecutive terms for up to eight years with each term being four years;
(2) One member who shall be appointed by the speaker of the house and shall be a voting member; provided that the member shall serve an initial term of four years and may serve up to two consecutive terms for up to eight years with each term being four years;
(3) One member who shall be appointed by the president of the senate and shall be a voting member; provided that the member shall serve an initial term of four years; provided further that the member may serve up to two consecutive terms for up to eight years with each term being four years;
(4) The chair of the Hawaii state fire council or the chair's designee, who shall be an ex officio, nonvoting member; and
(5) The adjutant general of the Hawaii national guard or the adjutant general's designee, who shall be an ex officio, nonvoting member.
(d) All members of the state fire marshal selection commission, both voting and nonvoting, shall elect a chairperson and a vice chairperson of the commission; provided that the chairperson is not an ex officio member.
(e) Any action taken by the state fire marshal selection commission shall be approved by a simple majority of its members; provided that a majority of the members of the commission shall constitute a quorum to do business.
(f) The members of the state fire marshal selection commission shall serve without compensation but shall be reimbursed for necessary expenses, including travel expenses, reasonably incurred in the performance of their duties.
(g) Notwithstanding this section, if a state fire marshal has already been appointed by the state fire council by June 30, 2025, as set forth in Act 209, Session Laws of Hawaii 2024, the state fire marshal selection commission's authority to appoint the state fire marshal shall begin upon the expiration of the incumbent state fire marshal's term.
[L 2025, c 302, §4]
The state fire marshal shall appoint two deputy state fire marshals, exempt from chapters 76 and 89, whose duties shall be to assist in implementing this chapter. The office may also employ other assistants and employees, subject to chapter 76, and incur other expenses as the state fire marshal may deem necessary to effectively administer the office. Each deputy state fire marshal shall be well-qualified by technical training and experience in the functions to be performed by the individual. The state fire marshal may remove any deputy state fire marshal for cause.
[L 2025, c 302, pt of §3]
The salary of the state fire marshal and deputy state fire marshal shall be equal to the salary of the director and deputy director of human resources development, respectively.
[L 2025, c 302, pt of §3]
The office shall keep a record of all fires occurring in the State and of all facts concerning the same, including statistics as to the extent of the fires and the damage caused, whether the losses were covered by insurance, and if so, in what amount. All the records shall be public, except information protected from disclosure pursuant to chapter 92F. The records compiled under this section shall be a compilation of the county fire chiefs' records prepared pursuant to section 132-1(a).
[L 2025, c 302, pt of §3]
(a) The office may develop and administer a community risk reduction program that:
(1) Emphasizes education and methods for the prevention of wildfire risk;
(2) Encourages cost-effective hardening and retrofitting of structures that creates fire-resistant homes, businesses, and public buildings; and
(3) Facilitates vegetation management, the creation and maintenance of defensible space, and other fuel modification activities that provide neighborhood or community-wide benefits against wildfire.
(b) The counties may opt into the community risk reduction program to provide resources and localized knowledge of the community.
(c) The office or counties may contract with educational or other nonprofit entities to assist with the administration of the community risk reduction program.
[L 2025, c 302, pt of §3]
(a) Beginning with the regular session of 2027, no later than twenty days before the convening in each odd-numbered year of a regular session, the office shall submit to the legislature a report regarding the activities of the state fire marshal and the counties in implementing this chapter.
(b) The report shall include, at a minimum:
(1) A status report concerning:
(A) Community risk reduction; and
(B) The establishment, administration, and enforcement of defensible space requirements;
(2) The amount of moneys expended during the previous fiscal biennium for:
(A) Community risk reduction;
(B) The establishment, administration, and enforcement of defensible space requirements; and
(C) Fire suppression; and
(3) Any recommendations for the state fire marshal for legislative action, including but not limited to current or future resource and funding needs for:
(A) Community risk reduction; and
(B) The establishment, administration, and enforcement of defensible space requirements.
[L 2025, c 302, pt of §3]
(a) The office shall provide office employees with standard uniforms, response apparatus, motor vehicles, and all other emergency supplies and equipment necessary to carry out the duties of the office.
(b) The state fire marshal shall specify a pattern and distinctive design for the uniforms described in subsection (a).
(c) The state fire marshal may enter into agreements with other governmental agencies for the purpose of resource sharing of response apparatus, motor vehicles, and all other emergency supplies and equipment necessary to carry out the fire safety and prevention laws of the State.
[L 2025, c 302, pt of §3]
(a) With regard to minimum defensible space requirements, the state fire marshal:
(1) Shall consult with the state fire council to establish minimum defensible space requirements;
(2) Shall establish requirements that are consistent with and do not exceed the standards pertaining to defensible space in generally accepted evidence-based codes and standards;
(3) May consider best practices specific to the State and traditional and customary practices relating to defensible space to establish the requirements;
(4) Shall periodically reexamine generally accepted evidence-based codes and standards and update the requirements to reflect the current best practices, which may be conducted in consultation with the state fire council;
(5) Shall enforce the requirements that are applicable to state lands within the jurisdiction of a county;
(6) Shall adopt rules governing administration of the requirements;
(7) May develop, in consultation with the state fire council, a graduated fine structure for the counties' use in assessing civil penalties on property owners for noncompliance with the requirements;
(8) Shall consult with stakeholders, such as the counties, on implementation of the requirements; and
(9) May adopt rules concerning requirements by the counties as described in subsection (b).
(b) Each county fire chief may adopt and enforce local requirements for defensible space that are greater than the minimum defensible space requirements established by the state fire marshal. Any local requirements that a county fire chief adopts for defensible space shall be defensible space standards selected from the framework set forth in generally accepted evidence-based codes or standards or other best practices suited to the State.
(c) The office may provide financial, administrative, technical, or other assistance to a county to facilitate the administration and enforcement of the minimum defensible space requirements within the jurisdiction of the county. The county shall expend financial assistance provided by the state fire marshal under this subsection to give priority to the creation of defensible space:
(1) On lands where members of socially and economically vulnerable communities, persons with limited proficiency in English, and persons of lower income reside;
(2) For critical or emergency infrastructure; and
(3) For schools, hospitals, and facilities that serve seniors.
[L 2025, c 302, pt of §3]
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