SB2809

THE SENATE	S.B. NO.	2809
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

relating to the state fire council.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that fire safety, education, awareness, and prevention are critical components of the State's fire and emergency response system. However, the legislature recognizes that improving the State's fire and emergency response system will better protect residents, visitors, and property and preserve the State's natural resources. The legislature believes that reestablishing a state fire marshal position will improve the State's fire and emergency response system and that the state fire council is the most appropriate entity to appoint the state fire marshal.

Accordingly, the purpose of this Act is to require the state fire council to appoint a state fire marshal.

SECTION 2. Section 132-16, Hawaii Revised Statutes, is amended to read as follows:

"§132-16 State fire council; composition; functions. (a) There is established a state fire council [~~which~~] that shall be placed within the department of labor and industrial relations for administrative purposes. The state fire council shall consist of the fire chiefs of the counties. The state fire council may appoint an advisory committee to assist it in carrying out its functions under this chapter. The advisory committee may include the heads of the various county building departments, a licensed architect recommended by the Hawaii Society of the American Institute of Architects, a licensed electrical engineer and a licensed mechanical engineer recommended by the Consulting Engineers Council of Hawaii, a representative of the Hawaii Rating Bureau, a representative of the Hawaii firefighters association, representatives of the county fire departments, and [~~such~~] any other members of the public as the state fire council may determine can best assist it. The state fire council shall elect a chairperson from among its members.

(b) In addition to adopting a state fire code pursuant to section 132-3, the state fire council shall:

(1) Administer the requirements for reduced ignition propensity cigarettes, in accordance with chapter 132C; and

(2) Serve as a focal point through which all applications to the federal government for federal grant assistance for fire-related projects shall be made. Upon the receipt of any [~~such~~] federal grants, the state fire council shall administer those federal grants.

(1) Appoint advisory committees comprised of representatives from each county fire department to assist in drafting the state fire code and coordinating statewide training, data collection, and contingency planning needs for firefighters;

(2) Advise and assist the county fire departments where appropriate, may prescribe standard procedures and forms relating to inspections, investigations, and reporting of fires, may approve plans for cooperation among the county fire departments, and may advise the governor and the legislature with respect to fire prevention and protection, life safety, and any other functions or activities for which the various county fire departments are generally responsible; and

(3) Establish, in conformance with the adopted state fire code and nationally recognized standards, statewide qualifications and procedures, to be administered by the county fire departments, for testing, certifying, and credentialing individuals who perform maintenance and testing of portable fire extinguishers, water‑based fire protection systems, other fire protection systems, private fire hydrants, and fire alarm systems; provided that the county fire departments may establish and charge reasonable certification fees.

(d) The state fire council shall appoint a state fire marshal who shall satisfy the following qualifications:

(1) Possess one or more degrees in fire science or a related field;

(2) Have relevant fire protection experience in the State;

(3) Be familiar with the fire protection challenges faced by the State and each county; and

(4) Any other qualifications that the state fire council deems appropriate based on the qualification requirements of fire marshals in other states.

[~~(d)~~] (e) The state fire council may adopt rules pursuant to chapter 91 for purposes of this section."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2024, only if Senate Bill No. , in any form passed by the legislature during the regular session of 2024, becomes an Act.

INTRODUCED BY:	_____________________________