Hawaii 2022 Regular Session

Hawaii House Bill HB1361 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 1361 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT relating to fire safety. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 1361
4	4	THIRTY-FIRST LEGISLATURE, 2021
5	5	STATE OF HAWAII
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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11	11	1361
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13	13	THIRTY-FIRST LEGISLATURE, 2021
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to fire safety.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that in 1979, the State eliminated the state fire marshal's office and established the Hawaii state fire council, which is comprised of the four county fire chiefs. However, the state fire council was created with no funding to support statewide fire service-related efforts. Instead, since its inception, the state fire council's duties have been accomplished by using staff of the four county fire departments, especially the Honolulu fire department. Because the members of the state fire council and associated working groups have responsibilities with their respective county fire departments, it can be challenging for members to effectively perform their duties for the state fire council. Staffing issues for the state fire council have also been a concern. In 2001, the first paid part-time employee was funded with $35,000 requested by the state fire council and approved by the governor and legislature. In 2011, an additional $71,000 was added to hire two additional part-time staff, for a total of three staff. However, there is still no dedicated full-time staff with the state fire council to handle statewide fire-related issues, as the part-time staff are busy with cigarette ignition propensity tracking and testing and organizing training courses provided by the federal government. The legislature further finds that the state fire council quarterly meets for only two days to discuss issues related to its obligations and duties and is subject to the public meetings and records requirements of chapter 92, Hawaii Revised Statutes. Additionally, quorum is also necessary for the state fire council to conduct business, as only sitting members of the state fire council are allowed to vote. These challenges, along with a lack of staffing resources, make it difficult for the state fire council to achieve its primary mission of developing and supporting a comprehensive fire service emergency management network for the protection of life, property, and the environment for the State. The purpose of this Act is to establish a working group to determine if a full-time Hawaii state marshal's office would prove to be more effective than the existing state fire council in planning, executing, and promoting fire safety-related programs and topics in the State. SECTION 2. (a) There is established a fire safety working group within the department of public safety for administrative purposes. (b) The working group shall determine if a full-time state fire marshal office would prove to be more effective than the existing state fire council in planning, executing, and promoting fire safety-related programs and topics in the State. The working shall also examine the following: (1) Whether the state fire council is effectively accomplishing its duties with the current part-time staffing and processes; (2) Whether the state fire council is responsible in overseeing fire inspections at state-owned properties, such as schools, airports, courthouses, and prisons; (3) The intent behind abolishing the state fire marshal's office in 1979; (4) Whether the counties should continue to absorb expenses to conduct duties of the state fire council; (5) Whether a state fire marshal, if established, should be involved with the tracking and enforcement of fireworks; and (6) Any other related concerns that the department of public safety or members of the working group find relevant. (c) The working group shall consist of: (1) A fire prevention representative from the Honolulu fire department; (2) A fire prevention representative from the Maui fire department; (3) A fire prevention representative from the Hawaii fire department; (4) A fire prevention representative from the Kauai fire department; (5) The fire chief, or the fire chief's designee, from each county; (6) A support staff representative from the state fire council who is knowledgeable in managing funds, adopting the fire code, coordinating training, fire data collection, federal grants, and testing and credentialing fire-related systems; (7) A representative from the Hawaii fire chiefs association; (8) A representative from the department of transportation's aircraft rescue fire fighting division; and (9) Other representatives deemed appropriate by the members of the working group. (d) Members of the working group shall select the chairperson of the working group from among themselves. Members of the working group shall serve without compensation but shall be reimbursed for necessary expenses, including travel expenses, incurred in the performance of their official duties. (e) The working group shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2022. (f) The working group shall meet at least once per month, or as needed, to complete the report. (g) The working group shall not be exempt from the requirements of chapters 84 and 92, Hawaii Revised Statutes. (h) The working group shall cease to exist on June 30, 2023. SECTION 3. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that in 1979, the State eliminated the state fire marshal's office and established the Hawaii state fire council, which is comprised of the four county fire chiefs. However, the state fire council was created with no funding to support statewide fire service-related efforts. Instead, since its inception, the state fire council's duties have been accomplished by using staff of the four county fire departments, especially the Honolulu fire department. Because the members of the state fire council and associated working groups have responsibilities with their respective county fire departments, it can be challenging for members to effectively perform their duties for the state fire council.
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51	51	Staffing issues for the state fire council have also been a concern. In 2001, the first paid part-time employee was funded with $35,000 requested by the state fire council and approved by the governor and legislature. In 2011, an additional $71,000 was added to hire two additional part-time staff, for a total of three staff. However, there is still no dedicated full-time staff with the state fire council to handle statewide fire-related issues, as the part-time staff are busy with cigarette ignition propensity tracking and testing and organizing training courses provided by the federal government.
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53	53	The legislature further finds that the state fire council quarterly meets for only two days to discuss issues related to its obligations and duties and is subject to the public meetings and records requirements of chapter 92, Hawaii Revised Statutes. Additionally, quorum is also necessary for the state fire council to conduct business, as only sitting members of the state fire council are allowed to vote. These challenges, along with a lack of staffing resources, make it difficult for the state fire council to achieve its primary mission of developing and supporting a comprehensive fire service emergency management network for the protection of life, property, and the environment for the State.
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55	55	The purpose of this Act is to establish a working group to determine if a full-time Hawaii state marshal's office would prove to be more effective than the existing state fire council in planning, executing, and promoting fire safety-related programs and topics in the State.
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57	57	SECTION 2. (a) There is established a fire safety working group within the department of public safety for administrative purposes.
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59	59	(b) The working group shall determine if a full-time state fire marshal office would prove to be more effective than the existing state fire council in planning, executing, and promoting fire safety-related programs and topics in the State. The working shall also examine the following:
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61	61	(1) Whether the state fire council is effectively accomplishing its duties with the current part-time staffing and processes;
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63	63	(2) Whether the state fire council is responsible in overseeing fire inspections at state-owned properties, such as schools, airports, courthouses, and prisons;
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65	65	(3) The intent behind abolishing the state fire marshal's office in 1979;
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67	67	(4) Whether the counties should continue to absorb expenses to conduct duties of the state fire council;
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69	69	(5) Whether a state fire marshal, if established, should be involved with the tracking and enforcement of fireworks; and
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71	71	(6) Any other related concerns that the department of public safety or members of the working group find relevant.
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73	73	(c) The working group shall consist of:
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75	75	(1) A fire prevention representative from the Honolulu fire department;
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77	77	(2) A fire prevention representative from the Maui fire department;
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79	79	(3) A fire prevention representative from the Hawaii fire department;
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81	81	(4) A fire prevention representative from the Kauai fire department;
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83	83	(5) The fire chief, or the fire chief's designee, from each county;
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85	85	(6) A support staff representative from the state fire council who is knowledgeable in managing funds, adopting the fire code, coordinating training, fire data collection, federal grants, and testing and credentialing fire-related systems;
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87	87	(7) A representative from the Hawaii fire chiefs association;
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89	89	(8) A representative from the department of transportation's aircraft rescue fire fighting division; and
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91	91	(9) Other representatives deemed appropriate by the members of the working group.
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93	93	(d) Members of the working group shall select the chairperson of the working group from among themselves. Members of the working group shall serve without compensation but shall be reimbursed for necessary expenses, including travel expenses, incurred in the performance of their official duties.
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95	95	(e) The working group shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2022.
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97	97	(f) The working group shall meet at least once per month, or as needed, to complete the report.
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99	99	(g) The working group shall not be exempt from the requirements of chapters 84 and 92, Hawaii Revised Statutes.
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101	101	(h) The working group shall cease to exist on June 30, 2023.
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103	103	SECTION 3. This Act shall take effect upon its approval.
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107	107	INTRODUCED BY: _____________________________
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109	109	INTRODUCED BY:
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111	111	_____________________________
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117	117	Report Title: Working Group; State Fire Council; State Fire Marshal Office Description: Establishes a working group to determine if a full-time state fire marshal's office would be more effective than the existing state fire council in planning, executing, and promoting fire safety-related programs and topics in the State. Requires the working group to submit a report to the legislature prior to the regular session of 2022. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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123	123	Report Title:
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125	125	Working Group; State Fire Council; State Fire Marshal Office
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129	129	Description:
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131	131	Establishes a working group to determine if a full-time state fire marshal's office would be more effective than the existing state fire council in planning, executing, and promoting fire safety-related programs and topics in the State. Requires the working group to submit a report to the legislature prior to the regular session of 2022.
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139	139	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.