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 shall conduct fire and safety inspections
at all state-owned airport facilities at least once a year.
(c) A written report of each inspection shall
be kept on file in the office of the county fire chief.
(d) A copy of any report showing a change in
the hazard or any violation of law, ordinance, rule or order relating to the
fire hazard upon any risk, shall be given by the county fire chief to any
rating bureau making written request of the fire chief therefor.
(e) Each county fire chief is 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 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 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.
[L 1917, c
115, pt of §49; RL 1925, pt of §3463; RL 1935, pt of §6839; am L 1939, c 239,
§1(10, 11); RL 1945, §8531; RL 1955, §184-7; HRS §132-7; ren and am L 1978, c
241, §2(7); gen ch 1985; am L 1998, c 282, §1; am L 2007, c 10, §3; am L 2009,
c 105, §2]