HB1064

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 for the State and all counties for changes to be made to improve Hawaii's response to wildfires. 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 amend the laws concerning the office of the state fire marshal to best effectuate the recommendations of the "Phase 3" forward-looking report.

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

"§132-A Definitions. As used in this chapter, 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) Adopt the state fire code, in consultation with and in consideration of recommendations provided by the state fire council;

(4) Review the emergency resources that are available in the State to be deployed to address fires and other natural and manmade disasters;

(5) Develop and adopt statewide training standards for fire-related matters, including fire prevention, fire inspection, fire investigation, and fire suppression;

(6) Coordinate the development of the state fire code and amendments thereto through consultation with appropriate stakeholders, including the state fire council and county fire chiefs;

(7) Work with the state and county law enforcement agencies for enforcement of the state fire code; provided that law enforcement agencies shall have primary law enforcement jurisdiction;

(8) Upon request of a local official having enforcement responsibility and a showing of unusual fire hazard or other special circumstances, make investigation and 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 local county authorities in the event that the state fire marshal needs to summon witnesses related to a fire investigation;

(9) Prescribe standard procedures and forms relating to inspections, investigations, and reporting of fires;

(10) Establish statewide qualifications and procedures 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, in conformance with the adopted state fire code and generally accepted evidence-based codes and standards. The county fire department shall administer the qualifications and procedures and may establish and charge reasonable certification fees;

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

(12) 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 chapter, including rules relating to:

(1) The prevention of fires;

(2) The storage and use of combustibles and explosives;

(3) The maintenance and regulation of structural fire safety features in occupied structures and overseeing the safety of and directing the means and adequacy of exit in case of fire from factories, hospitals, churches, schools, halls, theaters, stadiums, all state-owned buildings, and all other places where large numbers of persons work, live, or congregate from time to time for any purpose; provided that structural changes shall not be required in buildings built, occupied, and maintained in conformity with state building code regulations applicable at the time of construction;

(4) Standards for equipment used for fire protection purposes within this state, including standard thread for fire hose coupling and hydrant fittings; and

(5) Procedures for developing and amending the state fire code.

All rules adopted under this subsection shall establish minimum standards of the State. Any rules adopted by a county fire chief under section 132-2 that do not meet the minimum standards established by the rules adopted under this subsection shall be preempted unless exempted pursuant to subsection (d).

The office, in making rules establishing minimum standards for the protection of life and property against fire pursuant to this chapter, shall consider generally accepted evidence-based codes and standards. The state fire marshal may request consideration and recommendation from the county fire chiefs, the state fire council, and any other entity with relevant experience before adopting any rules.

(d) If, in the opinion of the state fire marshal, the fire chief of a county has adopted adequate rules generally conforming to state and national standards concerning fire prevention, fire safety measures, and building construction requirements for safety, and if the county provides reasonable enforcement of its rules, the state fire marshal shall exempt the county either partially or fully from the statutes and rules administered by the state fire marshal.

(1) Any exemption granted pursuant to this subsection shall be for a two-year period, and may be renewed from time to time, but may be canceled by the state fire marshal following thirty-days' written notice if the state fire marshal finds that the county's rules or enforcement thereof are not reasonably sufficient.

(2) The state fire marshal shall designate a county fire chief or any other appropriate person or division within the county as an approved authority for exercising functions relating to fire prevention, fire safety measures, and building construction.

(3) The state fire marshal may consult with the state fire council or the state building code council when considering an exemption under this subsection.

§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; and

(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.

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

§132-E Preparation of statistical reports. Every two years, the state fire marshal shall cause to be prepared 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 price 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 chief's 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 the department receives funding for the increase, by means including:

(1) Increasing 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, other states, political subdivisions, corporations, and authorities, having fire suppression jurisdiction for fire prevention, suppression, coordination, and response; and

(4) Coordinating with the Hawaii emergency management agency.

§132-G Preparation of emergency plans by state fire marshal. The state fire marshal, in consultation with the Hawaii emergency management agency, shall provide advice and counsel to the governor for the most practical utilization of the fire-fighting 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 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. Excepting the state fire marshal and deputy state fire marshal positions, all positions in the office shall be subject to chapter 76. Other expenses of the office necessary in the performance of the duties imposed upon the office and 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 causes, 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 chief's records prepared pursuant to section 132-1.

§132-L Standardization of existing fire protection equipment; exemption. (a) The standardization of existing fire protection equipment in the State shall be arranged for and carried out by or under the direction of the state fire marshal who may proceed to make the changes necessary to standardize all existing fire protection equipment in the State. Before making any such change, the state fire marshal may request consideration of and recommendation regarding the change from the state fire council or the county fire departments. The state fire marshal shall provide the appliances necessary for carrying out this work and shall proceed with the standardization as rapidly as possible and complete the work at the earliest date circumstances permit.

(b) The state fire marshal may exempt from standardization special purpose fire equipment and existing fire protection equipment when it is established that the equipment is not essential to the coordination of public fire protection operations.

§132-M Private Equipment. The state fire marshal shall notify industrial establishments and property owners having equipment for fire protection purposes, which may be necessary for a county fire department to use in protecting the property or putting out fire, of the changes necessary to bring their equipment up to the requirements of the standard established and shall render them assistance as may be available in converting their defective equipment to standard requirements.

§132-N Sale of nonstandard equipment prohibited; exemption. (a) No person shall sell or offer for sale in the State any fire hose, hydrant, fire engine, or other equipment for fire protection purposes unless the equipment is fitted and equipped with the standard thread for fire hose couplings and hydrant fittings as required by the standardization adopted by the state fire marshal under section 132-L.

(b) Fire equipment for special purposes or research programs, or special features of fire protection equipment found appropriate for uniformity within a particular protection area, may be exempted from the requirement of subsection (a) by order of the state fire marshal.

(c) Any person who violates this section shall be fined no more than $500 or imprisoned no more than thirty days, or both.

§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) of this section.

(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 Application for adjustments or variances. When the state fire marshal finds that practical difficulties, unnecessary hardship, or consequences inconsistent with the general purposes of statutes and rules administered by the state fire marshal relating to fire protection and fire prevention may result under the statutes and rules, the state fire marshal may upon receipt of a verified application from the owner or occupant of the property affected stating fully the grounds of the application and facts relied upon, and upon further investigation, grant adjustments or variances with the conditions and safeguards as the state fire marshal may determine in harmony with the general purpose, intent, and spirit of the fire protection and fire prevention statutes and rules, so that the public health, safety, and welfare shall be secured and substantial justice be done. The adjustments or variances shall be restricted to unique, unusual, or peculiar circumstances or substitute materials or arrangements. The state fire marshal may refer the application to the state fire council for recommendation before making a decision. Except as otherwise specified by law, the order of the state fire marshal granting or denying an adjustment or a variance shall be final and conclusive.

§132-Q Minimum defensible space requirements; duties of the state fire marshal; enforcement powers of local governments; assistance to local governments. (a) 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 local governments or political subdivisions, on implementation of the requirements; and

(9) May adopt rules concerning reports by local governments 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 of English, and persons of lower income reside;

(2) For critical or emergency infrastructure; and

(3) For schools, hospitals, and facilities that serve seniors."

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.

(c) The office of the state fire marshal as constituted by chapter 132 is 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 107-26, Hawaii Revised Statutes, is amended to read as follows:

"§107-26 Hawaii state building codes; prohibitions. In adopting the Hawaii state building codes, the council shall not adopt provisions that:

(1) Relate to administrative, permitting, or enforcement and inspection procedures of each county; [or]

(2) Conflict with chapters 444 and 464[.]; or

(3) Are less stringent than the standards or requirements set by the state fire code."

SECTION 6. Section 107-28, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"§107-28. County authority to amend and adopt the Hawaii state building code. (a) The governing body of each county shall amend, adopt, and update the Hawaii state building codes as they apply within their respective jurisdiction, in accordance with section 46-1.5(13), without approval of the council[.]; provided that a county shall not amend provisions of the Hawaii state building codes to render them less stringent than the standards or requirements set by the state fire codes. Each county shall amend and adopt the Hawaii state building codes and standards listed in section 107-25, as the referenced Hawaii state building codes and standards for its respective county building code ordinance, no later than two years after the adoption of the Hawaii state building codes."

SECTION 7. Section 132-2, Hawaii Revised Statutes, is amended to read as follows:

"§132-2 General power to make rules. 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. Any rule adopted by the fire chief under this section that is less stringent than rules adopted by the office pursuant to section 132-C shall be preempted by the office's rule. Any rule adopted pursuant to this section shall not lower the standards or requirements set forth in the state fire code and rules adopted by the office. 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."

SECTION 8. Section 132-3, Hawaii Revised Statutes, is amended to read as follows:

§132-3 Adoption of state fire code. The state fire [~~council~~] marshal 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 code shall provide the minimum standards and requirements and takes precedence over any conflicting county ordinance or rule that provides less stringent standards or requirements than the state fire code. Any county that adopts rules pursuant to this chapter may provide for greater protection from fire and shall not provide for less protection than what is provided in the state fire code. The state fire council shall meet annually pursuant to chapter 92 to review and [~~amend~~] provide recommendations to the state fire marshal for amendments to the state fire code[.], if appropriate."

SECTION 9. 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 prosecuting officer of the county in which the supposed offense was committed, with the request that the prosecuting officer 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 officer of the county in which the supposed offense was committed."

SECTION 10. 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 the 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 the 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 11. 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 12. 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 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 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.

(h) To the extent that the office may have similar duties and responsibilities pursuant to section 132-C as the county fire departments, the county fire departments and the office shall have concurrent jurisdiction. This concurrent jurisdiction shall not relieve either the county fire departments or the office from performing their lawfully required duties."

SECTION 13. Section 132-9, Hawaii Revised Statutes, is amended to read as follows:

"§132-9 Submission of building plans for approval. 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.

No adjustment or variance from the state fire code in a building plan shall be approved by a county fire chief unless the office approves the adjustment or variance pursuant to section 132-P.

This section shall be applicable to the State and the counties, and other municipal subdivisions, and their officers, as well as to private persons."

SECTION 14. 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 15. 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. An original duplicate 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 16. 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 17. 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 not more than $500 or imprisoned not more than thirty days, or both. 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-Q."

SECTION 18. Section 132-16, Hawaii Revised Statutes, is amended to read as follows:

"§132-16. State fire council; composition; functions. (a) There is established a state fire council, which shall be placed within the department [~~of labor and industrial relations~~] 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 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, a representative 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~~] 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;] Provide the state fire marshal with recommendations on the state fire code as provided in section 132-3;

(3) ~~Establish the terms of employment for the position of the state fire marshal; and~~] Advise the governor 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;

(4) Appoint the state fire marshal[.]; and

(5) Coordinate with the state building code council on matters pertaining to fire safety.

(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] Make recommendations to the state fire marshal concerning any matter referred to the state fire council by the state fire marshal or any matter considered by the state fire council on its own motion relating to fire prevention, protection from fire, or other safety measures;

(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;

(5) Consider any application for adjustment or variance made pursuant to section 132-P and referred to the state fire council by the state fire marshal and make recommendations on the disposition of the application to the state fire marshal within thirty days after the referral. With regard to a referred matter:

(A) The state fire council may hold a hearing and receive testimony during its meeting subject to chapter 92; and

(B) That the state fire marshal indicates is of statewide importance or may affect a large part of the island or regional community, the state fire council shall hold a hearing and receive testimony during its meeting subject to chapter 92;

The recommendation of the state fire council shall be made in writing to the state fire marshal and shall be accompanied by a summary of any testimony received, any documentary or physical evidence received, any affidavit submitted by the applicant, and a summary of any special facts found by the state fire council. The recommendation of the state fire council shall be posted to the department's website; and

(6) Hear and consider, and make recommendations to the state fire marshal concerning any appeal from a state fire marshal order within thirty days after referral of the appeal to the state fire council by the state fire marshal. The recommendation of the state fire council shall be made in writing to the state fire marshal and shall be accompanied by a summary of any testimony received, any documentary or physical evidence received, and a summary of any special facts found by the state fire council. The recommendation of the state fire council shall be posted to the department's website.

(d) The state fire council may adopt rules pursuant to chapter 91 for purposes of this section."

SECTION 19. 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 20. 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 21. Act 209, Session Laws of Hawaii 2024, is amended by amending section 2 to read as follows:

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

"§132- 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."] Repealed."

SECTION 22. 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 23. 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 24. 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 25. 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 26. In codifying the new sections added by section 2 and referenced in sections 12, 13, 17, and 18 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 27. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 28. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

BY REQUEST

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