§132-6  Duties of county fire chiefs;periodic inspections; orders to remove fire hazards; appeals.  (a)  Eachcounty fire chief, in person or by officers or members of the fire chief's firedepartment designated by the fire chief for that purpose, shall inspect allbuildings, premises, and public thoroughfares, except the interiors of privatedwellings and state-owned airport facilities, for the purpose of ascertainingand causing to be corrected any conditions liable to cause fire or anyviolation of any law, ordinance, rule, or order relating to fire hazard or tothe prevention of fires.

(b)  The inspection shall be made:

(1)  Atleast once each year at all public schools; and

(2)  Atleast once every five years, or as often as deemed practicable or necessary bythe county fire chief at all other buildings and premises to provide fireprevention and pre-fire planning within the jurisdiction of the county firechief.

The State shall conduct fire and safety inspectionsat all state-owned airport facilities at least once a year.

(c)  A written report of each inspection shallbe kept on file in the office of the county fire chief.

(d)  A copy of any report showing a change inthe hazard or any violation of law, ordinance, rule or order relating to thefire hazard upon any risk, shall be given by the county fire chief to anyrating bureau making written request of the fire chief therefor.

(e)  Each county fire chief is vested with thepower and jurisdiction over, and shall have supervision of, every building andpremises in the county as may be necessary to enforce any law, ordinances,rule, and order relating to protection from fire loss; provided that thisprovision shall not in any manner limit the jurisdiction or authority which anyother county official may have over such building or premises under any otherlaw or ordinance.  Whenever as a result of inspection or upon complaint orotherwise the county fire chief determines that a law, ordinance, rule or orderrelating to protection from fire loss has been violated or that a conditionexists which creates an unreasonable risk of fire loss, the fire chief shallprepare and serve upon the owner, occupant or other person responsible for thebuilding or premises a written order setting forth the nature of the allegedviolation or condition, the law, ordinance, rule or order violated, and theprotections, safeguards, or other means or methods required to render thebuilding or premises safe as required by law, ordinance, or rule.  The ordershall be complied with by the owner or occupant or person responsible for thebuilding or premises within the time therein specified unless a timely appealis taken pursuant to subsection (f) of this section.

(f)  Owner's appeal to county fire appealsboard.  The owner or occupant may, within five days, appeal from any order madeby the county fire chief to the county fire appeals board, which shall, withinthirty days, and after a hearing pursuant to chapter 91, review the order andfile its decision thereon, modifying, affirming, or revoking the order.  Eachcounty shall by ordinance establish a county fire appeals board and shallprovide for its composition.

(g)  Notwithstanding the provisions ofsubsection (e) of this section where the county fire chief determines that a clearand immediate risk of fire loss exists, the fire chief may after notice to theowner or occupant or other person responsible for the building or premises, andafter a hearing pursuant to chapter 91, order such person to take all actionsreasonably necessary to render the building or premises safe from fire loss;provided that no notice or hearing shall be required where the county firechief determines that the risk of fire loss is sufficiently immediate thatdelay would be dangerous to the public safety and welfare.  If any owner,occupant or other person responsible for the building or premises fails tocomply with the order of the county fire chief, the county fire chief may takesuch 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 countyfire chief the expense incurred by the fire chief, the county shall have aprior lien on the real property as provided for in section 132-7. [L 1917, c115, 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, c241, §2(7); gen ch 1985; am L 1998, c 282, §1; am L 2007, c 10, §3; am L 2009,c 105, §2]