Title 10, Public Safety And Internal Security

§128E-5 Establishment and functions of local emergency planning committees. (a) A minimum of one local emergency planning committee shall be established in each county. The committee shall be subject to the requirements of this chapter and section 303 of the Emergency Planning an…

§128E-6 Reporting requirements. (a) The owner or operator of a facility in the State that stores, uses, or manufactures any hazardous substance shall comply with the following requirements: (1) Each owner or operator of a facility in the State shall comply with the emergency plan…

[§128E-7] Emergency notification requirements. The commission shall adopt rules in accordance with chapter 91 establishing the contents of hazardous substance release reports. The rules shall address, but are not limited to, the following: (1) The quantities of designated hazardo…

§128E-8 Funds for operation. (a) The department shall establish an account, to be called the local emergency response planning committees account, within the environmental response revolving fund pursuant to section 128D-2, for the purpose of administration and oversight of this …

§128E-9 Filing fees. Facilities that are required to report according to section 128E-6(a)(2), shall remit $200 with each submission of chemical inventory forms or Tier II forms to the commission by March 1 of each year. All moneys collected by the department pursuant to this sec…

§130-1 Emergency seat of state government. Whenever, due to an emergency resulting from the effects of enemy attack, or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient, or impossible to conduct the affairs of state government at the normal …

§130-2 Effect of official state acts. During such time as the seat of government remains at an emergency temporary location, or locations, all official acts required by law to be performed at the seat of government by any officer, agency, department, or authority of the State, in…

§130-3 Emergency seat of county government. Whenever, due to an emergency resulting from the effects of enemy attack, or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient, or impossible to conduct the affairs of county government at the regul…

§130-4 Effect of official county acts. During the period when the public business is being conducted at the emergency temporary location, or locations, the governing body and other officers of a county shall have and possess and shall exercise, at the location, or locations, all …

§130-5 Applicability. This chapter shall control and be supreme in the event it shall be employed notwithstanding any statutory, charter, or ordinance provision to the contrary or in conflict herewith. [L 1959, c 16, §5; Supp, §359A-5; HRS §130-5]

PART I. GENERAL PROVISIONS §132-1 County fire chiefs; powers and duties. (a) Records. The fire chief of each county shall keep in the county fire chief's office a record of all fires occurring in the county and of all facts concerning the same, and shall make compilations and sta…

§132-10 Witnesses; fees. The county fire appeals board, the county fire chief, or the state fire marshal shall in all proceedings have the same powers respecting administering oaths, compelling the attendance of witnesses and the production of documentary evidence, and examining …

§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 a duplicate original of every order made by the state fire marshal shall be filed in …

§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. [L 1917, c 115, pt of §49; RL 1925, pt of §3463;…

§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: (1) Appoint advisers, promote and secure the appointment and service of committees of commercial, industrial, labor, civic, and other organizations, who shall, without compensation, assist the c…

§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: (1) Prevention …

§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: (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 consider…

[§132-34] Discretionary powers. The office may: (1) Establish headquarters and county offices of the office at places the office of the governor considers advisable for the protection of the State; (2) Allow the state fire marshal and deputy state fire marshals to operate authori…

[§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: (1) Increasing the number of fire prevention personne…

[§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: (1) Emphasizes education and methods for the prevention of wildfire risk; (2) Encourages cost-effective hardening and retrofitting of structures that cre…

[§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: (1) Shall consult with the state fire council to es…

§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…