§710-1012  Refusing to assist in fire
control.  (1)  A person commits the offense of refusing to assist in fire
control when:



(a) Upon a reasonable command by a person known to
him to be a firefighter, he intentionally refuses to aid in extinguishing a fire
or in protecting property at the scene of a fire; or



(b) Upon command by a person known to him to be a
firefighter or law enforcement officer, he intentionally disobeys an order or
regulation relating to the conduct of persons in the vicinity of a fire.



(2)  "Firefighter" means any officer
of a fire department or any other person vested by law with the duty to
extinguish fires.



(3)  Refusing to assist in fire control is a
petty misdemeanor.



(4)  A person who complies with this section by
assisting in fire control shall not be held liable to any person for damages
resulting therefrom, provided he acted reasonably under the circumstances known
to him at the time. [L 1972, c 9, pt of §1; am L 1977, c 191, §2; am L 1983, c
124, §15; am L 2001, c 91, §4]



 



COMMENTARY ON §710-1012



 



  Subsection (1)(a) of this section is intended to place
obligations upon the citizen in aiding fire control similar to those which
§710-1011 places upon the citizen with regard to law enforcement.  Again, the
request for aid need not be obeyed unless it is reasonable under the
circumstances.



  Subsection (1)(b) is related to the control of crowds and
vehicles in the vicinity of a fire, under circumstances where disorderly
conduct and riot-dispersal statutes would not apply.



  The waiver of civil liability in subsection (4) is explained
in the commentary to §710-1011.



  Previous Hawaii law was substantially stricter than the Code
in requiring all able-bodied men between 16 and 50 to aid in extinguishing a
fire when properly so requested.  The section also imposed liability upon one
who refused to lend necessary materials to the control of a fire.  The
available penalty upon conviction was a fine of from $10 to $1,000.[1]  The
Code more precisely states when aid is expected and what type can be requested.



 



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§710-1012 Commentary:



 



1.  H.R.S. §185-8.