§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; am and ren 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]