[§663-1.56]  Conclusive presumptions
relating to duty of public entities to warn of dangers at public beach parks. 
(a)  The State or county operating a public beach park shall have a duty to
warn the public specifically of dangerous shorebreak or strong current in the
ocean adjacent to a public beach park if these conditions are extremely
dangerous, typical for the specific beach, and if they pose a risk of serious
injury or death.



(b)  A sign or signs warning of dangerous
shorebreak or strong current shall be conclusively presumed to be legally
adequate to warn of these dangerous conditions, if the State or county posts a
sign or signs warning of the dangerous shorebreak or strong current and the
design and placement of the warning sign or signs has been approved by the
chairperson of the board of land and natural resources.  The chairperson shall
consult the governor's task force on beach and water safety prior to approving
the design and placement of the warning sign or signs.



(c)  A sign or signs warning of other extremely
dangerous natural conditions in the ocean adjacent to a public beach park shall
be conclusively presumed to be legally adequate to warn of the dangerous
natural conditions, if the State or county posts a sign or signs warning of the
extremely dangerous natural condition and the design and placement of the sign
or signs have been approved by the chairperson of the board of land and natural
resources.  The chairperson shall consult the task force on beach and water
safety prior to issuing an approval of the design and placement of a warning
sign or signs pursuant to this section.



(d)  The State or county operating a public
beach park may submit a comprehensive plan for warning of dangerous natural
conditions in the ocean adjacent to a public beach park to the chairperson of
the board of land and natural resources who shall review the plan for adequacy
of the warning as well as the design and placement of the warning signs,
devices, or systems.  The chairperson shall consult with the task force on
beach and water safety prior to issuing an approval of the plan.  The task
force on beach and water safety may seek public comment on the plan.  In the
event that the chairperson approves the plan for the particular beach park
after consulting with the task force and the State or county posts the warnings
provided for in the approved plan, then the warning signs, devices, or systems
shall be conclusively presumed to be legally adequate to warn for all dangerous
natural conditions in the ocean adjacent to the public beach park.



(e)  Neither the State nor a county shall have
a duty to warn on beach accesses, coastal accesses, or in areas that are not
public beach parks of dangerous natural conditions in the ocean.



(f)  Neither the State nor any county shall
have a duty to warn of dangerous natural conditions in the ocean other than as
provided in this section.



(g)  In the event that a warning sign, device,
or system posted or established in accordance with this section is vandalized,
otherwise removed, or made illegible, the conclusive presumption provided by
this section shall continue for a period of five days from the date that the
vandalism, removal, or illegibility is discovered by the State or county.  The
State or county operating a public beach park shall maintain a record regarding
each report of vandalism, removal, or illegibility that results in the
replacement of a warning sign, device, or system at a State or county public
beach park.  The record shall include the date and time of the reporting and
the replacement of the warning sign, device, or system.  The State and county
shall provide a copy of the record annually to the chairperson of the board of
land and natural resources and the task force on beach and water safety.



(h)  The chairperson shall consider the needs
of the public to be warned of potentially dangerous conditions in the ocean
adjacent to a public beach park prior to issuing an approval for the design and
placement of a warning sign or a comprehensive plan.  The chairperson may
require warning devices or systems in addition to the signing before approving
the design and placement of a warning sign or a comprehensive plan.  The
approval of the design and placement of a warning sign, device, system or
comprehensive plan provided in this section shall be a discretionary decision
under chapter 662.



(i)  Chapter 91, Hawaii Revised Statutes, shall
not apply to any process, including any action taken by the chairperson,
established or made pursuant to this section.



(j)  Nothing in this section shall be construed
to have an impact upon governmental liability for the performance of rescue
services or duties and responsibilities of lifeguards other than the duty to
warn as set forth in this section. [L 1996, c 190, §§2, 7; am L 1999, c 101,
§2; am L 2002, c 170, §2; am L 2007, c 152, §3]