Title 10, Public Safety And Internal Security

§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…

§132-14 Educational powers of county fire chiefs. The fire chiefs of each county may:

§132-15 Powers of director of labor and industrial relations. Nothing contained in this chapter shall be construed to deprive the director of labor and industrial relations of any power or jurisdiction over or relative to the storage of explosives. [L 1917, c 115, pt of §49; RL 1…

§132-16 State fire council; composition; functions. (a) There shall be established a state fire council, which shall be placed within the department of law enforcement for administrative purposes. The state fire council shall consist of the state fire marshal, the fire chiefs of …

[§132-17] Novelty lighters; prohibited; penalties. (a) No person shall sell, offer for sale, or otherwise distribute any novelty lighter within the State. (b) As used in this section, "novelty lighter" means a handheld device that is designed to use fuel to produce flame for the …

[§132-18] Administrative staffing for the state fire council. (a) The state fire council may employ on a full-time basis an administrator and administrative assistant, without regard to chapters 76 and 89. The administrator shall administer the affairs of the state fire council a…

[§132-19] Aerial luminaries; prohibited. (a) It shall be unlawful to sell, offer for sale, distribute, possess, ignite, or otherwise use aerial luminaries, commonly known as sky lanterns, Hawaii lanterns, and flying luminaries. (b) Any person who violates this section shall be gu…

§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. Such rules may relate to:

§132-3 Adoption of state fire code. The state fire council shall, pursuant to chapter 92 and exempt from the requirements of chapter 91, adopt a state fire code setting forth minimum requirements relative to the protection of persons and property from fire loss, including without…

PART II. OFFICE OF THE STATE FIRE MARSHAL [§132-31] Definitions. As used in this part: "Defensible space" means a natural or human-made area in which material capable of supporting the spread of fire has been treated, cleared, or modified to slow the rate and intensity of advanci…

[§132-32] Office of the state fire marshal; established. (a) The office of the state fire marshal shall be established within the department of law enforcement for administrative purposes. The office shall be headed by the state fire marshal. (b) The state fire marshal may organi…

[§132-33] Powers and duties generally. (a) The office shall: (b) The office shall adopt rules pursuant to chapter 91 necessary to implement this part. [L 2025, c 302, pt of §3]

[§132-34] Discretionary powers. The office may:

[§132-35] 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 po…

[§132-36] Powers and duties relating to wildfire readiness. The office shall increase the State's wildfire readiness capacity to the extent that the office of the governor receives funding for the increase, by means including:

[§132-37] Utilization of firefighting resources. The state fire marshal, in consultation with the Hawaii emergency management agency, shall provide advice and counsel to the governor on the most practical utilization of the firefighting resources of the State. [L 2025, c 302, pt …

[§132-38] State fire marshal; terms of employment. (a) The state fire marshal shall be the administrator of the office. If a state fire marshal has not already been appointed by the state fire council by June 30, 2025, as set forth in Act 209, Session Laws of Hawaii 2024, the sta…

[§132-39] State fire marshal selection commission; established. (a) Beginning January 1, 2026, there is established the state fire marshal selection commission, which shall be placed within the department of law enforcement for administrative purposes. (b) The state fire marshal …

§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…

§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 potentia…

[§132-40] 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, …

[§132-41] Salary. The salary of the state fire marshal and deputy state fire marshal shall be equal to the salary of the director and deputy director of human resources development, respectively. [L 2025, c 302, pt of §3]

[§132-42] 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…

[§132-43] Community risk reduction program. (a) The office may develop and administer a community risk reduction program that: (b) The counties may opt into the community risk reduction program to provide resources and localized knowledge of the community. (c) The office or count…

[§132-44] 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 acti…

[§132-45] 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 …

[§132-46] 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: (b) Each county fire chief may adopt and enforce lo…

§132-5 Right of entry for inspection; unlawful to obstruct. The county fire chief, the chief's designees, the state fire marshal, or the state fire marshal's designees, at all reasonable hours may enter any buildings, structures, or premises within the fire chief's or state fire …

§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, premi…

§132-7 Duty of owner to remove fire hazard; expense; lien. If the owner or occupant, to whom the order is directed, fails to comply with the order, or with the order as modified on appeal, and within the time therein fixed, then the county fire chief may cause the buildings, stru…

§132-8 Duties of owners generally. (a) Every owner or other person having charge of or control over any building, structure, or other premises, in this chapter designated "owner", shall construct, keep, and make the building, structure, or other premises, in this chapter designat…

§132-8.5 Automatic elevators. (a) Every owner, as defined in section 132-8, of a building in a county with more than five floors above or below ground, in which there is an elevator having automatic operation, shall provide that one or more elevators in such building shall be arr…

§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: No work shall commence without the necessary…