HB1064 HD1

SECTION 1. The legislature finds that in the aftermath of the August 2023 Lahaina wildfires, the department of the attorney general initiated an investigation and retained the independent, third-party Fire Safety Research Institute, part of UL Research Institutes, to assess the performance of state and county agencies in preparing for and responding to the August 2023 Lahaina wildfires. The investigation led to three reports -- a "Phase 1" comprehensive timeline report, a "Phase 2" incident analysis report, and a "Phase 3" forward-looking report.

The "Phase 3" forward-looking report organized these findings and provided a prioritized list of action items of changes to be made to improve Hawaii's response to wildfires for the State and all counties. The report calls for changes and improvements to the office of the state fire marshal, which was established by Act 209, Session Laws of Hawaii 2024 — among them, bolstering statutory authority of the office of the state fire marshal to address the wide spectrum of fire safety issues, delineating responsibilities and reporting structures between the state fire marshal and the state fire council, and creating an organizational structure to immediately address the State's fire-safety priorities effectively.

Accordingly, the purpose of this Act is to effectuate the recommendations of the "Phase 3" forward-looking report.

SECTION 2. Chapter 132, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . OFFICE OF THE STATE FIRE MARSHAL

§132-A Definitions. As used in this part, unless the context otherwise requires:

"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.

"Department" means the department of defense.

"Fire protection equipment" means any apparatus, machinery, or appliance intended for use by a fire service unit in fire prevention or suppression activities.

"Office" means the office of the state fire marshal.

§132-B Office of the state fire marshal; established. (a) The office of the state fire marshal is established within the department 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.

§132-C Office of the state fire marshal; powers and duties generally. (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.

§132-D Office of the state fire marshal; discretionary powers. The office may:

(1) Establish headquarters and county offices of the office at places the department 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) Insurance companies regarding insurance policy coverage provisions, underwriting standards, insurance rates, and any other 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; and

(9) Perform any other duties necessary to discharge its duties under this part.

§132-E Preparation of statistical reports. 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.

§132-F Powers and duties relating to wildfire readiness. The office shall increase the State's wildfire readiness capacity to the extent that the department 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.

§132-G Preparation of emergency plans by the state fire marshal. 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.

§132-H State fire marshal; terms of employment. (a) The state fire marshal shall be the administrator of the office and shall be appointed by the state fire council to 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. In the event of a vacancy, the state fire council shall meet expeditiously to select and appoint 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.

§132-I Deputies and assistants. 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.

§132-J Salaries and expenses. Salaries and other expenses of the office necessary in the performance of its duties and of the state fire marshal shall be paid in the same manner as the expenses of other offices of the department.

§132-K Recordkeeping. 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).

§132-L Community risk reduction program. (a) The office shall 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 communitywide 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.

§132-M Community risk reduction special fund. (a) There is established within the state treasury the community risk reduction special fund, separate and distinct from the general fund.

(b) The special fund shall consist of all moneys appropriated to the fund as provided by law and any gifts, grants, donations, endowments, or bequests from any public or private source, including individuals and private organizations.

(c) The moneys in the special fund shall be continuously appropriated to the office to carry out community risk reduction, including financial assistance for the hardening of structures in zones designated as at high risk of wildfires on the statewide wildfire hazard map, and the county financial assistance identified in section 132-L(b).

§132-N State fire marshal; biennial report; deadline; contents. (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; and

(B) The establishment, administration, and enforcement of defensible space requirements;

(3) The amount of moneys expended during the previous fiscal biennium for fire suppression; and

(4) 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.

§132-O Provision of uniforms, response apparatus, motor vehicles, and all emergency supplies and equipment; uniform design. (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.

§132-P Minimum defensible space requirements; duties of the state fire marshal; enforcement powers of the counties; assistance to the counties. (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 reports 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.

§132-Q Office of the state marshal; advisory board. (a) There is established within the office an advisory board.

(b) The advisory board shall consist of the following members:

(1) Each of the county fire chiefs, or their respective designees;

(2) The chairperson of the board of agriculture, or the chairperson's designee;

(3) The chairperson of the public utilities commission, or the chairperson's designee;

(4) The insurance commissioner, or the commissioner's designee;

(5) The deputy director of the airports division of the department of transportation, or the deputy director's designee;

(6) The director of the office of planning and sustainable development, or the director's designee;

(7) The administrator of the Hawaii emergency management agency, or the administrator's designee;

(8) The administrator of the division of forestry and wildlife of the department of land and natural resources, or the administrator's designee;

(9) A representative of the state building code council;

(10) A representative of each of the county water supply agencies;

(11) A representative of each of the State's electric utilities, to be invited by the state fire marshal;

(12) A representative of each of the State's other private utilities, to be invited by the state fire marshal;

(13) A representative of the private-sector building industry in the State, to be invited by the state fire marshal;

(14) A representative of the Hawaii Wildfire Management Organization, to be invited by the state fire marshal;

(15) A representative of a state agency whose primary focus is serving elderly and other vulnerable populations;

(16) An individual with subject-matter expertise in serving elderly and other vulnerable populations, to be invited by the state fire marshal; and

(17) Any other member that the state fire marshal deems appropriate.

(1) Guide the vision and strategic priorities of the office;

(2) Collaborate with other state agencies and the counties to define roles, avoid conflicts, and ensure seamless implementation of this chapter; and

(3) Provide broad, systemwide considerations to ensure that the office incorporates perspectives and priorities from across sectors, industries, and subject-matter experts and to equip the office with the necessary contextual information to make informed, well-balanced decisions."

SECTION 3. Section 26-21, Hawaii Revised Statutes, is amended to read as follows:

"§26-21 Department of defense. (a) The department of defense shall be headed by a single executive to be known as the adjutant general. The adjutant general shall also be the director of the Hawaii emergency management agency as established in section 127A-3.

The department shall be responsible for the defense of the State and its people from mass violence, originating from either human or natural causes.

The devolution of command of the military forces in the absence of the adjutant general shall be within the military establishment. The devolution of command of the Hawaii emergency management agency in the absence of the adjutant general, as director of the agency, shall be within the agency.

(b) The office of veterans' affairs and the advisory board on veterans' services as constituted by chapter 363 are placed within the department of defense for administrative purposes.

SECTION 4. Section 76-16, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The civil service to which this chapter applies shall comprise all positions in the State now existing or hereafter established and embrace all personal services performed for the State, except the following:

(1) Commissioned and enlisted personnel of the Hawaii National Guard and positions in the Hawaii National Guard that are required by state or federal laws or regulations or orders of the National Guard to be filled from those commissioned or enlisted personnel;

(2) Positions filled by persons employed by contract where the director of human resources development has certified that the service is special or unique or is essential to the public interest and that, because of circumstances surrounding its fulfillment, personnel to perform the service cannot be obtained through normal civil service recruitment procedures. Any contract may be for any period not exceeding one year;

(3) Positions that must be filled without delay to comply with a court order or decree if the director determines that recruitment through normal recruitment civil service procedures would result in delay or noncompliance, such as the Felix-Cayetano consent decree;

(4) Positions filled by the legislature or by either house or any committee thereof;

(5) Employees in the office of the governor and office of the lieutenant governor, and household employees at Washington Place;

(6) Positions filled by popular vote;

(7) Department heads, officers, and members of any board, commission, or other state agency whose appointments are made by the governor or are required by law to be confirmed by the senate;

(8) Judges, referees, receivers, masters, jurors, notaries public, land court examiners, court commissioners, and attorneys appointed by a state court for a special temporary service;

(9) One bailiff for the chief justice of the supreme court who shall have the powers and duties of a court officer and bailiff under section 606-14; one secretary or clerk for each justice of the supreme court, each judge of the intermediate appellate court, and each judge of the circuit court; one secretary for the judicial council; one deputy administrative director of the courts; three law clerks for the chief justice of the supreme court, two law clerks for each associate justice of the supreme court and each judge of the intermediate appellate court, one law clerk for each judge of the circuit court, two additional law clerks for the civil administrative judge of the circuit court of the first circuit, two additional law clerks for the criminal administrative judge of the circuit court of the first circuit, one additional law clerk for the senior judge of the family court of the first circuit, two additional law clerks for the civil motions judge of the circuit court of the first circuit, two additional law clerks for the criminal motions judge of the circuit court of the first circuit, and two law clerks for the administrative judge of the district court of the first circuit; and one private secretary for the administrative director of the courts, the deputy administrative director of the courts, each department head, each deputy or first assistant, and each additional deputy, or assistant deputy, or assistant defined in paragraph (16);

(10) First deputy and deputy attorneys general, the administrative services manager of the department of the attorney general, one secretary for the administrative services manager, an administrator and any support staff for the criminal and juvenile justice resources coordination functions, and law clerks;

(11) (A) Teachers, principals, vice-principals, complex area superintendents, deputy and assistant superintendents, other certificated personnel, and no more than twenty noncertificated administrative, professional, and technical personnel not engaged in instructional work;

(B) Effective July 1, 2003, teaching assistants, educational assistants, bilingual or bicultural school-home assistants, school psychologists, psychological examiners, speech pathologists, athletic health care trainers, alternative school work study assistants, alternative school educational or supportive services specialists, alternative school project coordinators, and communications aides in the department of education;

(D) Members of the faculty of the [~~University~~] university of Hawaii, including research workers, extension agents, personnel engaged in instructional work, and administrative, professional, and technical personnel of the university;

(12) Employees engaged in special, research, or demonstration projects approved by the governor;

(13) (A) Positions filled by inmates, patients of state institutions, and persons with severe physical or mental disabilities participating in the work experience training programs;

(B) Positions filled with students in accordance with guidelines for established state employment programs; and

(C) Positions that provide work experience training or temporary public service employment that are filled by persons entering the workforce or persons transitioning into other careers under programs such as the federal Workforce Investment Act of 1998, as amended, or the Senior Community Service Employment Program of the Employment and Training Administration of the United States Department of Labor, or under other similar state programs;

(14) A custodian or guide at Iolani Palace, the Royal Mausoleum, and Hulihee Palace;

(15) Positions filled by persons employed on a fee, contract, or piecework basis, who may lawfully perform their duties concurrently with their private business or profession or other private employment and whose duties require only a portion of their time, if it is impracticable to ascertain or anticipate the portion of time to be devoted to the service of the State;

(16) Positions of first deputies or first assistants of each department head appointed under or in the manner provided in section 6, article V, of the Hawaii State Constitution; three additional deputies or assistants either in charge of the highways, harbors, and airports divisions or other functions within the department of transportation as may be assigned by the director of transportation, with the approval of the governor; one additional deputy in the department of human services either in charge of welfare or other functions within the department as may be assigned by the director of human services; four additional deputies in the department of health, each in charge of one of the following: behavioral health, environmental health, hospitals, and health resources administration, including other functions within the department as may be assigned by the director of health, with the approval of the governor; two additional deputies in charge of the law enforcement programs, administration, or other functions within the department of law enforcement as may be assigned by the director of law enforcement, with the approval of the governor; three additional deputies each in charge of the correctional institutions, rehabilitation services and programs, and administration or other functions within the department of corrections and rehabilitation as may be assigned by the director of corrections and rehabilitation, with the approval of the governor; two administrative assistants to the state librarian; and an administrative assistant to the superintendent of education;

(17) Positions specifically exempted from this part by any other law; provided that:

(A) Any exemption created after July 1, 2014, shall expire three years after its enactment unless affirmatively extended by an act of the legislature; and

(B) All of the positions defined by paragraph (9) shall be included in the position classification plan;

(18) Positions in the state foster grandparent program and positions for temporary employment of senior citizens in occupations in which there is a severe personnel shortage or in special projects;

(19) Household employees at the official residence of the president of the [~~University~~] university of Hawaii;

(20) Employees in the department of education engaged in the supervision of students during meal periods in the distribution, collection, and counting of meal tickets, and in the cleaning of classrooms after school hours on a less than half-time basis;

(21) Employees hired under the tenant hire program of the Hawaii public housing authority; provided that no more than twenty-six per cent of the authority's workforce in any housing project maintained or operated by the authority shall be hired under the tenant hire program;

(22) Positions of the federally funded expanded food and nutrition program of the [~~University~~] university of Hawaii that require the hiring of nutrition program assistants who live in the areas they serve;

(23) Positions filled by persons with severe disabilities who are certified by the state vocational rehabilitation office that they are able to perform safely the duties of the positions;

(24) The sheriff;

(25) A gender and other fairness coordinator hired by the judiciary;

(26) Positions in the Hawaii National Guard youth and adult education programs;

(27) In the Hawaii state energy office in the department of business, economic development, and tourism, all energy program managers, energy program specialists, energy program assistants, and energy analysts;

(28) Administrative appeals hearing officers in the department of human services;

(29) In the Med-QUEST division of the department of human services, the division administrator, finance officer, health care services branch administrator, medical director, and clinical standards administrator;

(30) In the director's office of the department of human services, the enterprise officer, information security and privacy compliance officer, security and privacy compliance engineer, security and privacy compliance analyst, information technology implementation manager, assistant information technology implementation manager, resource manager, community or project development director, policy director, special assistant to the director, and limited English proficiency project manager or coordinator;

(31) The Alzheimer's disease and related dementia services coordinator in the executive office on aging;

(32) In the Hawaii emergency management agency, the executive officer, public information officer, civil defense administrative officer, branch chiefs, and emergency operations center state warning point personnel; provided that for state warning point personnel, the director shall determine that recruitment through normal civil service recruitment procedures would result in delay or noncompliance;

(33) The executive director and seven full-time administrative positions of the school facilities authority;

(34) Positions in the Mauna Kea stewardship and oversight authority;

(35) In the office of homeland security of the department of law enforcement, the statewide interoperable communications coordinator;

(36) In the social services division of the department of human services, the business technology analyst;

[[](37)[]] The executive director and staff of the 911 board;

[[](38)[]] Senior software developers in the department of taxation;

[[](39)[]] In the department of law enforcement, five Commission on Accreditation for Law Enforcement Agencies, Inc., coordinator positions;

[[](40)[] ~~The~~] In the office of the state fire marshal[;], the state fire marshal and deputy state fire marshals; and

[[](41)[]] The administrator for the law enforcement standards board.

The director shall determine the applicability of this section to specific positions.

Nothing in this section shall be deemed to affect the civil service status of any incumbent as it existed on July 1, 1955."

SECTION 5. Section 132-4, Hawaii Revised Statutes, is amended to read as follows:

"§132-4 Investigation of fires; criminal prosecutions. The fire chief of the county in which any fire occurs shall immediately investigate the cause, origin, and circumstances of fire by which property has been destroyed or damaged and so far as possible determine whether the fire was the result of carelessness or design. A county fire chief may request the office to assist with the investigation of a fire as provided in section 132-C.

If after any investigation the county fire chief is of the opinion that the evidence in relation to the fire indicates that a crime has been committed, the fire chief shall present the evidence to the [~~officer~~] attorney of the county in which the supposed offense was committed, with the request that the prosecuting [~~officer~~] attorney institute [~~such~~] criminal proceedings as the evidence may warrant.

In the event that the office is of the opinion that the evidence in relation to a fire indicates that a crime has been committed, the office or state fire marshal shall coordinate with the relevant county fire chief to present the evidence to the prosecuting attorney of the county in which the supposed offense was committed."

SECTION 6. Section 132-4.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§132-4.5[]] Investigation of fires; immunity for information received from insurers. (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 [~~such~~] the loss;

(2) Policy premium records;

(3) History of previous claims; and

(4) Other relevant material relating to [~~such~~] 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 [~~such~~] 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. Such 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 [~~such~~] 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 such time as 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, 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."

SECTION 7. Section 132-5, Hawaii Revised Statutes, is amended to read as follows:

"§132-5 Right of entry for inspection; unlawful to obstruct. The county fire chief [or], 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 jurisdiction, 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 [or], the chief's designees, the state fire marshal, or the state fire marshal's designees may enter any private dwelling whenever the fire chief [or], 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 [or], 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 [or], the chief's designees, the state fire marshal, or the state fire marshal's designees are authorized to make an inspection of 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."

SECTION 8. Section 132-6, Hawaii Revised Statutes, is amended to read as follows:

"§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~~] office of the state fire marshal shall conduct fire and safety inspections at all state-owned airport facilities at least once a year.

(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] 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 [~~which~~] that any other county official may have over [~~such~~] 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 ~~which~~] 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) 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~~] 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 [~~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."

SECTION 9. Section 132-10, Hawaii Revised Statutes, is amended to read as follows:

"§132-10 Witnesses; fees. The county fire appeals board [or], 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 [or], the county fire chief, or the state fire marshal or of any subpoena issued by [~~either~~] 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 expense of the state fire marshal."

SECTION 10. Section 132-11, Hawaii Revised Statutes, is amended to read as follows:

"§132-11 Recorded order of county fire chiefs and state fire marshal as evidence. A duplicate original of every order made by each county fire chief shall be filed in the fire chief's office, and [~~such~~] a duplicate original of every order made by the state fire marshal shall be filed in the office of the state fire marshal. A duplicate original shall be admissible as evidence in any prosecution for the violation of any of its provisions. Unless an appeal has been instituted and is pending, the provisions of any order shall be presumed to be reasonable and lawful and to fix a reasonable and proper standard and requirement of safety from fire loss."

SECTION 11. Section 132-12, Hawaii Revised Statutes, is amended to read as follows:

"§132-12 Court aid. 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."

SECTION 12. Section 132-13, Hawaii Revised Statutes, is amended to read as follows:

"§132-13 Penalty. 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-P."

SECTION 13. Section 132-16, Hawaii Revised Statutes, is amended by amending subsections (a) through (c) to read as follows:

"(a) There is established a state fire council, which shall be placed within the department [~~of labor and industrial relations~~] of defense for administrative purposes. The state fire council shall consist of 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 such federal grants, the state fire council shall administer those federal grants;

(3) [~~Establish the terms of employment for the position of the state fire marshal; and~~] 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) Appoint the state fire marshal.

(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; [~~and~~]

(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."

SECTION 14. Section 132-18, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(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~~]."

SECTION 15. Section 291C-1, Hawaii Revised Statutes, is amended by amending the definition of "authorized emergency vehicle" to read as follows:

""Authorized emergency vehicle" includes fire department vehicles, police vehicles, ambulances, ocean safety vehicles, law enforcement vehicles, [~~and~~] conservation and resources enforcement vehicles, and office of the state fire marshal vehicles authorized and approved pursuant to section 291-31.5 that are publicly owned and other publicly or privately owned vehicles designated as such by a county council."

SECTION 16. Section 132-16.5, Hawaii Revised Statutes, is repealed.

["~~[§132-16.5] Office of the state fire marshal; established.~~ (a) There is established the office of the state fire marshal within the department of labor and industrial relations. The office shall be headed by a state fire marshal, who shall be appointed by the state fire council to 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. In the event of a vacancy, the state fire council shall meet expeditiously to select and appoint a new state fire marshal to serve the remainder of the unexpired term. The state fire marshal may hire staff as necessary.

~~(b) The state fire marshal shall have the qualifications, experience, and expertise in fire safety, prevention, and control necessary to successfully perform the duties of the position.~~

~~(c) The duties of the state fire marshal shall include but not be limited to:~~

~~(1)~~ ~~Coordinating fire protection efforts between local agencies for the State;~~

~~(2)~~ ~~Working with the state fire council on matters relating to fire services in the State;~~

~~(3)~~ ~~Working with state and county law enforcement agencies for enforcement of the state fire code;~~

~~(4)~~ ~~Reviewing and assessing the fire risk of the State;~~

~~(5)~~ Reviewing and proposing amendments to the state fire code and submitting the proposed amendments to the state fire council for the state fire council's consideration in its adoption of or amendments to the state fire code;

~~(6)~~ ~~Reviewing the emergency resources that are available in the State to be deployed to address fires;~~

~~(7)~~ ~~Assessing whether the State would benefit from a statewide public fire safety messaging program;~~

~~(8)~~ ~~Assisting in the investigation of fires when requested by a county;~~

~~(9)~~ ~~Conducting inspections of state buildings and facilities to ensure fire safety compliance;~~

~~(10)~~ ~~Providing and coordinating public education and awareness on fire safety;~~

~~(11)~~ ~~Overseeing the training and certification of fire inspectors and investigators in the State;~~

~~(12)~~ ~~Maintaining records of all fires in the State, including the causes and circumstances;~~

~~(13)~~ ~~Assisting in the disbursement of federal grants for structural fire protection purposes to the counties; and~~

~~(14)~~ ~~Performing other duties as necessary or delegated by the state fire council.~~

~~(d) In carrying out the duties of this section, the state fire marshal may utilize the services of the state fire council, including its advisory committees and administrative staff, as appropriate.~~"]

SECTION 17. Chapter 132, Hawaii Revised Statutes, is amended by designating sections 132-1 to 132-19 as part I and inserting a title before section 132-1 to read as follows:

"PART I. GENERAL PROVISIONS"

SECTION 18. All rights, powers, functions, and duties of the department of labor and industrial relations regarding the state fire council are transferred to the department of defense. All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act. No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws. An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed. If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

SECTION 19. All rules, policies, procedures, guidelines, and other material adopted or developed by the department of labor and industrial relations to implement provisions of the Hawaii Revised Statutes that are reenacted or made applicable to the department of defense by this Act shall remain in full force and effect until amended or repealed by the department of defense pursuant to chapter 91, Hawaii Revised Statutes. In the interim, every reference to the department of labor and industrial relations or director of labor and industrial relations in those rules, policies, procedures, guidelines, and other material is amended to refer to the department of defense or adjutant general, as appropriate.

SECTION 20. All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the department of labor and industrial relations, pursuant to the provisions of the Hawaii Revised Statutes, that are reenacted or made applicable to the department of defense by this Act shall remain in full force and effect. Upon the effective date of this Act, every reference to the department of labor and industrial relations or the director of labor and industrial relations therein shall be construed as a reference to the department of defense or the adjutant general, as appropriate.

SECTION 21. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of labor and industrial relations relating to the functions transferred to the department of defense shall be transferred with the functions to which they relate.

SECTION 22. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the operations and work of the office of the state fire marshal.

The sums appropriated shall be expended by the office of the governor for the purposes of this Act.

SECTION 23. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 24. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 25. This Act shall take effect on July 1, 3000; provided that section 22 of this Act shall take effect on July 1, 2025.

HOUSE OF REPRESENTATIVES	H.B. NO.	1064
THIRTY-THIRD LEGISLATURE, 2025		H.D. 1
STATE OF HAWAII