Report Title:

State Fire Code; County Ordinances

 

Description:

Makes state fire code, and any updates adopted as rules by the state fire council, immediately effective upon transmission by the state fire council to the county councils without the need for counties to enact ordinances.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

2465

TWENTY-FOURTH LEGISLATURE, 2008

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to the state fire code.

 

 

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

 


     SECTION 1.  Section 46-15.3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  For the purpose of this section:

     "Building code" means an ordinance the purpose of which is to provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location, and maintenance of all buildings and structures within the county's jurisdiction and certain equipment specifically regulated by the ordinance.

     "Fire code" means [an ordinance] the state fire code and any updates adopted under section 132-3 or an ordinance intended to prescribe regulations consistent with recognized good practice for the safeguarding to a reasonable degree of life and property from the hazards of fire and explosion arising from the storage, handling, and use of hazardous substances, materials, and devices and from conditions hazardous to life or property in the use or occupancy of buildings or premises.

     "Licensed adult family boarding home" means an adult family boarding home licensed under chapter 346, part IV.

     "Licensed care home" means a care home licensed under section 321-15.6.

     "Life safety code" means an ordinance the purpose of which is to establish minimum requirements that will provide a reasonable degree of safety from fire in buildings and structures."

     SECTION 2.  Section 132-3, Hawaii Revised Statutes, is amended to read as follows:

     "§132-3  Adoption of state fire code.  The state fire council [shall], after public hearings pursuant to chapter 91, shall adopt, prior to July 1, 1979, a state fire code setting forth minimum requirements relative to the protection of persons and property from fire loss including without limitation:

     (1)  [the] The storage, handling and use of hazardous substances, materials, and devices; and

     (2)  [the] The control of conditions hazardous to life or property in the design, use, or occupancy of buildings and premises.

The state fire code, insofar as is practicable, shall complement, augment, and be consistent in form and language with the building and other codes of the respective counties.  Upon adoption by the state fire council, the state fire code and any updates to the state fire code that are adopted as rules by the state fire council, shall be transmitted to the respective county councils [which may, by ordinance, either enact its provisions or] and shall become effective in the respective county immediately upon receipt by the county council.  The respective county councils may enact more stringent provisions relating to protection of persons and property against fire loss; provided that the county councils may enact less stringent provisions with the prior written approval of the state fire council.  The state fire council shall meet annually to review and amend the state fire code."

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

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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