Report Title:

Relating to fire protection.

Description:

Allows the State Fire Council to expend any federal grant money it receives. Creates the State Fire Council special fund. Allows the counties to waive the 20-day requirement for obtaining a fireworks permit. Allows the Council to utilize fees and fines collected from fireworks use to fund operations and positions.

THE SENATE

S.B. NO.

818

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

A BILL FOR AN ACT RELATING TO FIRE PROTECTION.

 

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

SECTION 1. The State Fire Council was created to replace the Office of the State Fire Marshals, which was a fully funded state agency. Under the present organization, the SFC receives funding for travel to its meetings and other incidental expenses. Without funding for staff positions, the SFC has had difficulty in meeting its mandated duties. This work must be performed by county fire department personnel, thus depriving the county fire department of the services of its members. In addition, the SFC coordinates statewide training, data collection of all fires, investigations, and reporting fires, and may advise the governor and legislature with respect to fire prevention, protection, and life safety.

The purposes of this bill is to provide the authority to the state fire council to expend any federal grant money it receives; to strengthen and close the loopholes that allow for violation of the state fire code; and to allow the State Fire Council to become self sufficient by allowing the council to utilize fees and fines collected in association with fireworks to fund their operations and to fund two positions to administer the state fire code.

SECTION 2. There is added to Chapter 132, Hawaii Revised Statutes, a new section to be appropriately designated and to read as follows:

"§132- State fire council special fund. (a) There is established in the state treasury a special fund to be known as the state fire council special fund into which shall be deposited all fees, penalties, fines, and interest collected pursuant to chapter 132D. The moneys in the fund may be used to carry out the purposes of this section. The director of the department of labor and industrial relations shall disburse the moneys in the fund.

(b) The fund may be used for:

(1) Personnel and operating expenses for an administrator and an administrative assistant for the state fire council;

(2) All necessary council costs and reimbursements;

(3) Preparation and dissemination of public information on subjects as they pertain to the state fire council;

(4) Expenses of the state fire council programs and activities, including training firefighters in the execution of their duties and other activities.

(5) Preparation of annual reports on the fund and its programs, activities and accomplishments.

(c) The state fire council shall submit an annual report to the legislature on the status of the fund, including expenditures and program results, not less than twenty days prior to the convening of each regular session."

SECTION 3. Section 132-16, Hawaii Revised Statutes, is amended by adding a new subsection (d) to read as follows:

"§132-16 State fire council; composition; functions. (a) There is established a state fire council which 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 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 serve as a focal point through which all applications to the federal government for federal grant assistance for fire-related projects shall be made.

(c) The state fire council may also:

(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; and

(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.

(c) The state fire council may employ a full-time administrator and an administrative assistant, and other staff as it deems necessary to perform its functions, without regard to chapters 76 and 89, and may dismiss such persons as it finds necessary for the performance of its function and duties. The council shall prescribe salaries for the administrator, the administrative assistant, and any other staff employed pursuant to this section.

(d) Upon the receipt of any such federal grants, the state fire council shall administer such federal grants."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2005.

INTRODUCED BY:

_____________________________

BY REQUEST